Title
Ordinance amending and supplementing the Pittsburgh Code, Title Six: Conduct, Article I: Regulated Rights and Actions, by adding Chapter 630B - Prohibiting Immigration Enforcement in City-Owned or Operated Spaces; and amending and supplementing the Pittsburgh Code, Title Five: Traffic, Article I: Administration, Chapter 503 - Enforcement and Control, by adding Section 503.21 - Prohibiting Immigration Enforcement in City-Owned or Operated Spaces.
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The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. Title Six: Conduct, Article I: Regulated Rights and Actions is hereby amended to include a new Chapter 630B - Prohibiting Immigration Enforcement in City-Owned or Operated Spaces as follows:
Chapter 630B - Prohibiting Immigration Enforcement in City-Owned or Operated Spaces
§ 630B.01 Definitions. The following definitions shall apply to this Section:
(a) City-owned or controlled property. Any property identified as owned or controlled by the City of Pittsburgh including, but not limited to:
(1) Buildings;
(2) Parking lots;
(3) Garages;
(4) Parks;
(5) Vacant lots;
(6) Playgrounds;
(7) Libraries;
(8) Any other property identified as being “owned” or “controlled” by the City of Pittsburgh.
(b) Immigration enforcement action. Any action pertaining to execution of immigration-related federal law, including enforcement or processing of individuals based on their immigration status shall be construed to mean, for the purposes of this Section:
(1) Processing;
(2) Operations;
(3) Questioning;
(4) Staging;
(5) Raids;
(6) Arrests; and
(7) Any other activities deemed necessary to conduct federal immigration enforcement.
(c) Judicial Warrant. A warrant based on probable cause and issued by a judge appointed pursuant to Article III of the United States Constitution or a federal magistrate judge appointed pursuant to Section 631 of Title 28 of the United States Code.
(d) Municipal Authority. An authority established by the City of Pittsburgh pursuant to Pennsylvania Municipality Authorities Act, 53 Pa. C.S. § 5601 et seq.
§ 630B.02 Enforcement Prohibited
(a) It is unlawful to use City-owned or controlled property for the purposes of staging, conducting or assisting federal immigration enforcement activities.
(b) It is the intent of this Council that any Municipal Authority authorized by Resolution or Ordinance by the City of Pittsburgh shall engage in the following project, pursuant to the Pennsylvania Municipal Authorities Act, P.L. 282, No. 22 § 5607(c)-(d): To follow any authorizing authority resolution or ordinance, without allowing immigration enforcement officials onto property held by the Municipal Authority absent judicial warrant, or expending any resources for purposes or in support of immigration enforcement actions, including but not limited to providing authorization for immigration enforcement actions such as staging at properties held by Municipal Authorities, to the extent permitted by state or federal law.
(c) City agencies and departments, as designated by the Mayor, are authorized to identify property that has been, and is likely to be used by, immigration enforcement. Each identified City-owned or controlled property shall have clear signage to this effect stating the following: “This property is owned and controlled by the City of Pittsburgh. It may not be used for immigration enforcement activities.”
(d) Exclusive right of enforcement. The City Solicitor shall possess the exclusive right to bring a civil action in a court of competent jurisdiction against a person violating this Chapter. The limitations period for a civil action brought pursuant to this Section shall be three (3) years from the date the complainant knew or should have known of the alleged violation.
(e) Remedies: A court of competent jurisdiction may order the following remedies:
1. An order requiring the city, department or agency to cease and desist the unlawful practice;
2. Payment of compensatory or punitive damages, provided that an aggrieved party shall make a reasonable effort to mitigate any damages;
3. Payment of reasonable attorney fees;
4. Payment of court costs;
5. Payment of a fine not to exceed two thousand dollars ($2,000) for each violation; and
6. Other equitable relief, including, but not limited to, the dismissal or removal from office of the employee.
§ 630B.03 Severability. If any provision of this Chapter or application thereof to any person or circumstance is judged invalid, the invalidity shall not affect other provisions or applications of the Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared severable.
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Section 2. Title Five: Traffic, Article I: Administration, Chapter 503 - Enforcement and Control is hereby amended to include a new Section 503.21 - Prohibiting Immigration Enforcement in City-Owned or Operated Spaces as follows:
§ 503.21. Prohibiting Immigration Enforcement in City-Owned or Operated Spaces
The City hereby determines that appropriate use of a City of Pittsburgh public Right-of-Way shall not include use of such spaces for immigration enforcement actions, to the extent permitted by state or federal law.