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<br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 94146 <br />BY: Mayor Edward Boyle <br />AN ORDINANCE ADOPTING A NEW AND REVISED <br />CHAPTER 721 OF THE NORTH OLMSTED CODIFIED <br />ORDINANCES ENTITLED "PEDDLERS, SOLICITORS AND <br />CANVASSERS"AND DECLARING AN EMERGENCY. <br />WHEREAS, the City of North Olmsted is currently involved in litigation testing the <br />constitutionality of the existing Chapter 721 of the Codified Ordinances of the City of North <br />Olmsted; and <br />WHEREAS, evolving judicial decisions have afforded "Commercial Speech," or <br />speech that proposes a commercial transaction and involves the interests of both the listener <br />and the speaker, the protection of the United States Constitution; and <br />WHEREAS, upon the advice of the Director of Law regarding the current status of <br />the law, it is his recommendation that the Council adopt a new and revised Chapter 721 of <br />the Codified Ordinances so as to properly reflect court decisions dealing with the subject; <br />and <br />WHEREAS, in considering the status of the law and the advice of the Director of <br />Law, this Council has determined that door-to-door solicitation by peddlers, solicitors, <br />canvassers, and transient vendors for the purpose of selling either goods or services creates a <br />substantial threat to the health, safety, and welfare of the citizens of the City of North <br />Olmsted due to the extreme potential for fraud and assault and therefore such practice is in <br />need of regulation so as to afford citizens affected by such activity proper protection; and <br />WHEREAS, the subject of this ordinance has been discussed in committee and <br />approved for legislative action by said committee. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH <br />OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That there is hereby adopted a new and revised Chapter 721 of the <br />Codified Ordinances of the City of North Olmsted, which new and revised Chapter is <br />attached hereto and is hereby made a part hereof, as if fully contained herein, and marked <br />exhibit "A" . <br />SECTION 2: That Chapter 721 of the Codified Ordinances as previously adopted is <br />hereby repealed and set aside. <br />