Ord. No. 65-43
AN ORDINANCE ESTABLISHING A NO-KNOCK REGISTRY IN THE CITY OF LINDEN
§ 245-20.1. Establishment of a no-knock registry.
A. For the purpose of protecting residents from criminal activities and safeguarding their privacy, there is hereby established a no-knock registry of properties where canvassing and soliciting are prohibited. The no-knock registry shall be maintained by the City Clerk.
B. The City Clerk shall prepare a list of addresses of those premises whose owners or occupants have notified the Clerk that canvassing or soliciting are not permitted on their premises. Notification shall be by the completion of a form, available online, at the City’s Website. The premises shall remain on the Registry unless the owners or occupants notify the City Clerk in writing that they wish the property to be removed from the registry. The City Clerk shall update the list monthly. The inclusion of a premises on the registry shall be deemed a revocation of any privilege or license to enter or attempt to enter the property.
C. Owners or occupants who have requested to be listed on the no-knock registry pursuant to Subsection A herein, may procure from the Clerk's office a notice for display on the premises indicating the enlistment on the no-knock registry. The notice shall indicate which solicitors may contact residents and shall read substantially as follows:
"These premises are listed on the City of Linden's 'No-Knock Registry' (Linden Code Sec. 245-20.1). You may not enter or attempt to enter these premises for the purpose of canvassing or soliciting, which includes offering to purchase real estate on behalf of any person or organization. Charitable, political, religious organizations are exempt from this law. Violation of Linden Code Sec. 245-20.1 may result in a fine of up to $2,000 and/or up to 90 days of community service."
D. The first notice shall be provided free of charge and may be picked up in person during regular business hours. If a replacement notice is required, the individual may pick up the replacement notice at the Clerk's office for a fee of $5.00, which shall be payable to the City Clerk. A fee of an additional $1.00 per notice will be applied for any individual who desires to have a notice mailed to him or her, payable to the City Clerk. Pursuant to N.J.S.A. 2C:18-3, "any owner or occupant who has listed his or her premises on this registry shall be deemed to have revoked any express or implied legal privilege or license to enter or attempt to enter the premises."
E. The City Clerk shall distribute the current City no-knock registry to a licensed canvasser or solicitor at the time of issuance of a license.
F. Although the most current list of registrants on the City no-knock registry shall be provided by the City Clerk, it is the responsibility of the canvasser or solicitor to have the most up-to-date list prior to engaging in any canvassing or soliciting.
G. Any person convicted of violating this section upon competent evidence by an owner, occupant or other person with personal knowledge of such violation shall be subject to the following:
(1) First offense: a minimum fine of one hundred dollars ($100.00) with a maximum of up to one thousand two hundred fifty dollars ($1,250.00);
(2) Subsequent offense: a minimum fine of one hundred dollars ($100.00) with a maximum of up to two thousand dollars ($2,000.00) for each offense, together with community service for a period of up to 90 days; and
(3) Any offense: in addition to the above, a permanent revocation of any license issued under the within chapter.
H. The City shall post notice of how to apply on-line on the City webpage and distribute to other media outlets as designated by the City. The City shall provide instructions, on how to register, on-line, to the public and undertake reasonable efforts in education, in order to further public awareness of the no-knock registry.
I. This section does not preclude an owner or occupant from filing any other appropriate complaint with the Municipal Prosecutor, including a complaint for trespass.