O-02-46VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0- 0'- 4 6
AN ORDINANCE AMENDING SECTION 7 -14, SECTION 7 -17 AND
SECTION 7 -19 OF THE VILLAGE CODE OF THE VILLAGE OF
DEERFIELD IN RELATION TO NON - COMMERCIAL SOLICITING
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
16th day of December , 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
17th day of December , 2002
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. O- 0 2- 4 6
AN ORDINANCE AMENDING SECTION 7 -14, SECTION 7 -17 AND
SECTION 7 -19 OF THE VILLAGE CODE OF THE VILLAGE OF
DEERFIELD IN RELATION TO NONCOMMERCIAL SOLICITING
WHEREAS, the United States Supreme Court has issued a ruling in Watchtower Bible
and Tract Society of New York v. Village of Stratton that municipal ordinances that require
noncommercial solicitors to register with the municipality as a prerequisite to engaging in door-
to -door advocacy, pamphleteering and/or solicitation of support for charitable, religious, political
and non - profit organizations violate the First Amendment to the United States Constitution; and,
WHEREAS, it is necessary to amend Sections 7 -14, 7 -17 and 7 -19 of the Village Code
of the Village of Deerfield to eliminate the requirement for noncommercial solicitors to register
the Deerfield Police Department;
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 7 -14 of the Village Code of the Village of Deerfield be and
the same is hereby amended to read as follows:
7 -14. Definitions.
The following words and phrases shall have the meanings, and are hereby defined,
as follows:
(a) Peddler. A person who engages in peddling.
(b) 'Peddling. Any activity where a person goes upon the premises of any
private residence in the Village, not having been invited by the occupant thereof,
carrying or transporting goods, wares, merchandise or personal property of any
nature, and selling or offering the same for sale for immediate delivery.
(c) Commercial Solicitation or Soliciting. Any activity where a person goes
upon the premises of any private residence in the Village, not having been invited
by the occupant thereof, for the purpose of taking or attempting to take orders for
the sale of goods, merchandise, services or other property of any nature for future
delivery or performance.
(d) Noncommercial Solicitation or Soliciting. Any activity where a person
goes upon the premises of any private residence in the Village, not having been
invited by the occupant thereof, to request gifts, contributions of money or goods,
or support for any charitable, political, religious or not - for - profit association,
organization, corporation or purpose.
(e) Solicitation or Soliciting. Includes commercial soliciting and non-
commercial soliciting.
SECTION 2: That Section 7 -17 of the Deerfield Village Code entitled "Regulation of
Noncommercial Solicitors" be and the same is hereby repealed.
SECTION 3: That Section 7 -19 of the Deerfield Village Code entitled "Exceptions for
Local Charitable Solicitation" be and the same is hereby repealed.
SECTION 4: 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.
SECTION 5: 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 16th day of December , 2002.
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )