Chapter 9.86 DISCRIMINATORY REPORTS TO LAW ENFORCEMENT ORDINANCE

Chapter 9.86
DISCRIMINATORY REPORTS TO LAW ENFORCEMENT ORDINANCE

Sections:

9.86.020 Discriminatory reports prohibited.

9.86.010 PURPOSE AND INTENT OF CHAPTER.

This chapter shall be known as the discriminatory reports to law enforcement ordinance. The purpose of this chapter is to allow individuals who have been reported to law enforcement for unfair and unnecessary reasons to seek justice and restitution, and it also is intended to motivate people who contact law enforcement to consider the reasons they are making the report. This chapter is not intended to discourage individuals from contacting law enforcement when they are facing real danger or desire to report a crime.

(Ord. 2020-26 § 2, 2020).

9.86.020 DISCRIMINATORY REPORTS PROHIBITED.

(a) It shall be unlawful to knowingly cause a peace officer to arrive at a location to contact a person, with the specific intent to do any of the following on the basis of the person’s actual or perceived race, color, ancestry, ethnicity, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight, or height:

1. Infringe upon the person’s rights under either the California Constitution or the United States Constitution;

2. Discriminate against the person;

3. Cause the person to feel harassed, humiliated, or embarrassed;

4. Cause the person to be expelled from a place in which the person is lawfully located;

5. Damage the person’s reputation or standing within the community; or

6. Damage the person’s financial, economic, consumer, or business prospects or interests.

(b) Any aggrieved person may enforce the provisions of this section by means of a civil action.

(c) A person found to have violated subsection (a) in a cause of action under subsection (b) shall be liable to the aggrieved person for special and general damages, but in no case less than one thousand dollars plus attorneys’ fees and the costs of the action. In addition, punitive damages may be awarded in a proper case.

(d) Nothing in this section shall preclude any person from seeking any other remedies, penalties, or procedures provided by law.

(Ord. 2020-26 § 2, 2020).

9.86.030 INTERPRETATION OF CHAPTER.

(a) If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

(b) Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

(c) In enacting and implementing this chapter, the city is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Ord. 2020-26 § 2, 2020).