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Ordinance amending and supplementing the Pittsburgh Code, Title Four: Public Places and Property, by adding Article IX: Use of City Owned or Operated Spaces, Chapter 495 - 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 Four: Public Places and Property is hereby amended to include a new Article IX: Use of City Owned or Operated Spaces with new Chapter 495 - Prohibiting Immigration Enforcement in City-Owned or Operated Spaces as follows:
Article IX: Use of City Owned or Operated Spaces
Chapter 495 - Prohibiting Immigration Enforcement in City-Owned or Operated Spaces
§ 495.01 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 or activities. For the purposes of this Section, the term “immigration enforcement” shall be construed to mean any action or activity directly pertaining to execution of immigration-related federal law, including enforcement or processing of individuals based on their immigration status, and shall encompass:
(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.
§ 495.02 Enforcement Prohibited
(a) It is the expressed intent of the Council of the City of Pittsburgh that any City-owned or controlled property not be utilized for the purposes of staging, conducting or assisting federal immigration enforcement activities.
(b) It is the expressed intent of the Council of the City of Pittsburgh that any Municipal Authority authorized by Resolution or Ordinance by the City of Pittsburgh 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) Enforcement. The Mayor or designated heads of major administrative units are authorized to promulgate rules and regulations for the enforcement of this Chapter.
§ 495.03 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.
§ 495.04 Construction.
(a) This Chapter shall not be construed to compel, direct, or encourage any action by any employee or agent of the City, any member of the public, or otherwise to engage in any act or omission which would constitute a violation of federal or state law or regulation.
(b) This Chapter shall not be construed to restrain or restrict any employee or agent of the City or any Municipal Authority in the exercise of their lawful discretion to act in the interest of public safety.
(c) This Chapter shall not be construed to compel or direct any action which may result in a violation of any federal or state grant of funding or revocation or restriction against receipt of said grant or funding.