Fort Walton Beach Council agenda — 08-08-2006 ‎(workshop)‎ — reading text

immigration and punishing the people and businesses that aid and abet illegal aliens. C. This ordinance seeks to secure to those lawfully present in the United States and this City, whether or not they are Citizens of the United States, the right to live in peace free of the threat of illegal alien crime, to enjoy the public services provided by this city without being burdened by the cost ofproviding goods, support and services to any whose presence in the United States is contrary to its laws and to be free of the debilitating effects on their economic and social well being imposed by the influx of illegal aliens to the fullest extent that these goals can be achieved consistent with the Constitution and Laws of the United States and the Commonwealth of Pennsylvania. SECTION 3. DEFINITIONS Whenever used in this chapter, the following terms shall have the following meanings: City" means the City ofHazleton. Contract employer" means any person who obtains the services of one or more individuals through a day labor agency. Illegal Alien" means any person whose initial entry into the United States was illegal and whose current status is also illegal as well as any person who, after entering legally, has failed to leave the United States upon the expiration of his or her visa. Legal Work Status" means that a person' s employment is not in violation of any law of the United States, the Commonwealth of Pennsylvania or this Ordinance. Vehicle" means a vehicle as defined in Pennsylvania Vehicle Code as the same now reads or may hereafter be amended. SECTION 4. BUSINESS PERMITS, CONTRACTS OR GRANTS Any entity or any parent, affiliate, subsidiary or agent of any entity ( other than a charity recognized as exempt from federal income taxation under Sec. 501 of the Internal Revenue Code of the United States and which has obtained and continues to have in force an exemption from federal income taxation), that employs, retains, aids or abets illegal aliens or illegal immigration into the United States, whether directly or by or through any agent, ruse, guise, device or means, no matter how indirect, and even if the agent or entity might otherwise be exempted from this section, or violates any provision of this Ordinance, shall from the date of the violation or its discovery, whichever shall be later, be denied and barred from approval of a business permit, renewal of a business permit, any city contract or grant as follows: 1) For the first violation for a period offive years, 2) For any subsequent violation, for a period of ten years. A. " Aids or abets" includes, but is not limited to: i) hiring or attempted hiring ofillegal aliens, ii) providing, renting or leasing real or personal property to illegal aliens, iii) funding or providing goods and services to illegal aliens, except as provided in Sec. 4 C.,  iv) funding, providing goods and services to or aiding in the establishment or continuation of any day labor center or other entity providing similar services, unless the entity acts with due diligence to verify the legal work status of all persons whom it employs, provides job assistance for or in any way assists or facilitates in obtaining any employment. B. Except as provided in C., any action or failure to act done within the boundaries of this City that aids and abets illegal aliens or facilitates their avoiding detection and apprehension anywhere in the United States, its territories or possessions violates this Ordinance. C. This Ordinance shall not be construed to prohibit rendering emergency medical care, emergency assistance or legal assistance. SECTION 5. RENTING TO ILLEGAL ALIENS A. Illegal aliens are prohibitedfrom leasing or renting property. Any property owner or renter/ tenant/ lessee in control of property, who knowingly allows an illegal alien to use, rent or lease their property shall be in violation of this section. B. Any person or entity that violates this Ordinance shall be subject to a fine of not less than $ 1, 000. 00. C. A separate violation of this Ordinance shall be deemed to have been committed on each day during or on which a violation occurs or continues. SECTION 6. ENGLISH ONLY A. The City of Hazleton declares that English is the official language of the City. B. Unless explicitly mandated by the federal government, the state of Pennsylvania or the City of Hazleton, all official city business, forms, documents, signage will be written in English only. SECTION 7. SEVERABILITY If any part of provision of this Chapter is in conflict or inconsistent with applicable provisions offederal or state statutes, or is otherwise held to be invalid or unenforceable  Ikml& ORDINANCE 2006- AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, REQUIRING EMPLOYERS TO DETERMINE THAT EMPLOYEES ARE NOT IllEGAL ALIENS OR ARE NOT UNAUTHORIZED ALIEN WORKERS; PROHIBITING EMPLOYERS FROM EMPLOYING IllEGAL ALIENS OR UNAUTHORIZED ALIEN WORKERS; PROVIDING FINDINGS; PROVIDING DEFINITIONS; PROVIDING PROHIBITED ACTS; PROVIDING PENALTIES; PROVIDING FOR CONSTRUCTION; PROVIDING FOR SEVERABiliTY; PROVIDING FOR INCLUSION IN THE PALM BAY CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, hundreds of thousand of illegal aliens enter this country annually, f-~" many of whom make their way to the City of Palm l;3ayjn violation of federal law, and WHEREAS, the United States De,~~rtm.~nt of" Justice has reported that immigration law violators commit other QrtT[linar~' nd civil violations of state and federal c'- law at higher rates than citizens/ ,9n~ l~ g~ lfy: admitted aliens and legal immigrants, including, but not limited to, unallthqrlzect, employment, benefit fraud, document fraud, identify theft, gang activity" drug' deallng, human trafficking, and terrorism, and WHEREAS, the unlaWfHI yse of unauthorized alien workers constitutes an unfair business practice and adversely affects the citizens of the City of Palm Bay, and WHEREAS, the federal government lacks the resources to properly protect the citizens of the City of Palm Bay from such adverse affects, and WHEREAS, the hiring of unauthorized alien workers deprives citizens and legally- admitted aliens and immigrants and authorized workers of jobs, and WHEREAS, the City Council of the City of Palm Bay finds that it is in the best interest of and will serve and benefit the health, safety and welfare of the public, and Ordinance No. 2006-_ assists law- abiding local, small businesses to adopt policies 1fII1l'I"', City of Palm Bay, Florida Ordinance No. 2006- Page 2 of 9 and procedures to deter and prevent unlawful activity by illegal aliens and/ or unauthorized alien workers in the City, and WHEREAS, when information is received that any illegal activity is occurring, the police department investigates such activities, and WHEREAS, the City of Palm Bay Police Department has limited ability and authority to investigate illegal alien workers under current federal and state law and employers should be required to determine the immigration status of the people they employ, and r WHEREAS, acceptance of jobs on substanparcl) erms as to wages and working hours by illegal aliens and unlawful alien W9JfKer~ Hi~ an $~ fiously depress wage scales and working conditions of citizens and 1~~~} ly- adrp.itted aliens, authorized workers and O~~-:~-'~.~'. ~ legally admitted immigrants, and WHEREAS, employmenf'qfUIGgalalfens under such conditions can adversely l".-;-,. affect the economy of "'Palm " Bay')' and the employment rights and employment i opportunities of other citizen's'{ 9f/ fegally- admitted aliens, of authorized workers and of legally-admitted immigrants, and WHEREAS, the City Council of the City of Palm Bay desires to protect the employment opportunities of citizens, of legally- admitted aliens, of authorized workers and of legally- admitted immigrants to obtain and hold jobs, rather than to add to their burdens, as the public will benefit thereby, and WHEREAS, the City Council of the City of Palm Bay desires to regulate businesses for the purposes of protecting its citizens, its legally- admitted aliens, its  City of Palm Bay, Florida Ordinance No. 2006- Page 3 of 9 authorized workers and its legally- admitted immigrants, as the public will benefit thereby. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The above recitals are true and correct and by this reference are hereby rated into and made an integral part of this Ordinance. incorp<? SECTION 2. Definitions. The following words, terms, and phrases, when used in this ordinance shall have the meanings ascribed to them except where th~: con~ext clearly indicates a different meaning. a,s contractor, employer, subcontractor r~~ Business Entity. Shall mean thesame':: and shall include but not be limited tatself,..:~ Jnployed individuals, partnerships and corporations. . ' ',.' Business Tax Certificate~. AicertifiCate issued by the City of Palm Bay that indicates that the person ~ r,busi,l1es~ entity to whom it was issued has paid the City of Palm Bay its business ta>5f'" " C;, Contractor. A persBh".. ~n1ployer,