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O-02-10VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-10 AN ORDINANCE AMENDING SECTION 19 -8 OF CHAPTER 19, STREETS AND SIDEWALKS, OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of February , 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of February , 2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-10 AN ORDINANCE AMENDING SECTION 19 -18 OF CHAPTER 19, "STREETS AND SIDEWALKS," OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD WHEREAS, the Village of Deerfield Bike Path Task Force has recommended that Section 19 -8 of Chapter 19," Streets and Sidewalks," of the Municipal Code of the Village of Deerfield, be amended to require that trees, bushes and landscape materials not encroach horizontally or vertically into the path bicycle riders use when traveling upon public sidewalks and public roads; and, WHEREAS, the corporate authorities of the Village of Deerfield concur in the recommendation of the Bike Path Task Force; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That Section 19 -18 of Chapter 19, Streets and Sidewalks, of the Municipal Code of the Village of Deerfield, be and the same is hereby amended to read as follows (new material indicated by underscoring): (a) No person shall deposit on any public sidewalk any material which may be harmful to the pavement thereof, or any waste materials, or any glass or other articles which might cause injury which may be harmful to the pavement thereof, or the persons, animals or property. (b) Merchandise or other articles may be deposited on sidewalks preparatory to delivery, provided that the usable width of the walk is not thereby reduced to less than four (4) .feet; and provided that no such articles shall remain on such walk for more than one -half (1/2) hour. (c ) No person shall maintain, suffer or permit any bushes_ trees or other landscaping materials_ excluding_ grass and other ground covers_ to be or remain closer than six (61 inches horizontally to the edge of a public sidewalk or public road_ or less than eight ($) feet vertically above the surface of a public sidewalk or public road in the case of _foliage extending over a public road or public sidewalk. No owner or occupant of any lot or parcel containing bus hes_ trees or other landscaping that encroaches or extends into such mace shall fail_ neglect or refuse to - remove.-trim, cut or prune am such bushes_ trees or other landscag. SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be ,inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. [This Space Left Blank Intentionally] SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED.this 19th day of February , 2002. AYES: Kayne, Ragona, Seiden, Swanson, Wylie (5) NAYS: None (0 ) ABSENT: Rosenthal (1)