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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 496 - Protecting Community Spaces.
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The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh Code of Ordinances, Title Four: Public Places and Property is hereby amended to include a new Article IX: Use of City Owned or Operated Spaces, and new Chapter 496 - Protecting Community Spaces as follows:
Chapter 496 - Protecting Community Spaces
§ 496.01 Definitions. The following definitions shall apply to this Section:
(a) Law Enforcement Officer. Any “peace officer” as defined in 18 Pa.C.S. § 501 (relating to definitions).
(b) 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. The term “judicial warrant” as used herein does not include administrative warrants issued by an immigration enforcement official, including those from the United States Department of Homeland Security (DHS), United States Immigration and Customs Enforcement (ICE), or an administrative immigration judge (IJ), relating to suspected violations of immigration law, such as an I-200 “Warrant for Arrest of Alien”, I-205 “Warrant of Removal/Deportation”, and any successor or similar forms.
(c) “Safe Community Place” means any property or facility owned, controlled, or operated by the City, including but not limited to such property that is a:
(1) Library;
(2) Designated disaster and emergency response site;
(3) Courthouse;
(4) Homeless shelter, rape crisis center, domestic violence shelter, family justice center, or human trafficking service provider;
(5) Legal service provider;
(6) Park, Healthy Active Living center, or recreation center;
(7) Greenway;
(8) Community resource center;
(9) Any other location properly designated by the Mayor or their designee.
§ 496.02 - Prohibition on Consent -
(a) The Mayor and/or their designee is hereby authorized to promulgate a policy whereby no employee or agent engaged in official duties at a Safe Community Place shall have the authority to consent to permitting a law enforcement officer to enter a nonpublic area of the facility for the purpose, or in furtherance, of an operation executed in whole or part by federal authorities or out-of-state authorities that seeks to identify, arrest or otherwise impose a penalty upon a person for purposes of federal immigration enforcement, including an immigration enforcement operation.
(b) 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: “In nonpublic areas of this property, a judicial warrant is required for law enforcement activities, and no voluntary consent may be solicited from any employee.”
(c) This section does not prevent (i) compliance with a valid judicial warrant authorizing entry, or (ii) entry under exigent circumstances.
§ 496.03 - Enforcement
The Mayor or designated head of a major administrative unit is authorized to promulgate rules and regulation for the enforcement of this Chapter. § 496.04 - 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.
§ 496.05 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 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.