749.09 PROHIBITION OF HOME SOLICITATION.

   (a)    No real estate broker, real estate salesman or other person shall telephone or personally call upon or mail or hand deliver literature to the home of an owner of a single or two-family dwelling unit in this City for the purpose of securing a listing for sale of real estate of such homeowner, or for any purpose relating to sale of such owner's property, after receiving a written notice not to communicate with such homeowner for such purpose, so long as the notice is submitted in accordance with the procedures outlined herein.

   (b)    The provisions of this section shall not be applicable to persons who have listed and/or advertised their homes for sale publicly.

      (1)    Notice. The written notice referred to in this section shall be deemed sufficient as to any broker, salesman, or other person, so long as the following specific requirements have been satisfied:

         A.    The homeowner shall have signed a written form listing the address of such home, specifically stating that he does not wish to sell his home and that he does not wish to be contacted in person or at his home or by telephone or by hand delivered or mailed literature for a real estate listing or sale by any real estate broker, salesman or other person.

         B.    This written notice or the contents of the written notice shall have been communicated to the licensed broker or other person either by the homeowner directly or the representatives of the City, in accordance with the procedure hereinafter described. Notice to a licensed real estate broker shall be notice to all salesmen and other employees of that broker.

         C.    The withdrawal of consent previously described may be negated by the same form of written notice to that effect communicated to the licensed real estate broker, salesman or other person.

      (2)    Records and procedure. The Housing Coordinator is authorized and directed to maintain records for the purpose set forth in this section, which records shall be open at all reasonable times for inspection by real estate brokers, salesmen and other persons.

Upon receipt of the written notice described in subsection (b)(l)A. from a homeowner or homeowners, the City shall submit, in writing to real estate brokers doing business in the City, a list of those persons, together with their respective addresses, who have invoked the terms of this section by, in writing, notifying the City that he or she did not wish to be contacted in person or by telephone or receive mailed or hand delivered literature to obtain a listing for sale of his or her real estate.

      (3)    Venue. In the event of a violation of this section by telephone call or mailing from outside the limits of the City, the violation shall be deemed to have been committed either at the place where the phone call or mail was originated or at the home of the recipient of such telephone call or mail. (Ord. 82-148. Passed 7-6-82.)