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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 )