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This ordinance of the Council amends, modifies, and re-enacts Article 99 of the Codified Ordinances of the City of Huntington, as Revised, Concerning People's Bill of Rights, codifying: rights related to bearing arms, free speech, due process, and privacy; and the prohibition of unconstitutional profiling or searches.
This ordinance creates a Transportation Demand Management program that promotes efficient utilization of existing transportation facilities, reduces traffic congestion and mobile source pollution, and ensures that new developments are designed in ways to maximize the potential for alternative transportation usage. The program combines services, incentives, facilities, and actions to reduce single occupancy vehicle trips which will relieve traffic congestion, allow parking flexibility, and reduce air pollution.
This model ordinance declares the covered jurisdiction to be a drone-free zone. The ordinance provides penalties for violating the drone-free zone and states that no evidence acquired by the violation of the ordinance may be used in a criminal prosecution. The ordinance prohibits a city official from purchasing, leasing, borrowing, or using a drone.
This model ordinance restricts the use of drones in the enacting jurisdiction's airspace. The ordinance allows drone use for activities other than law-enforcement activities such as rescue missions, fire response, hazardous material spills, and natural disaster response. The ordinance defines specific situations where drones may be used by a law enforcement agency. It also provides for specific circumstances where an individual may use a drone if he or she receives a license issued by the jurisdiction's government body. The ordinance regulates aerial surveillance and the use of evidence obtained by drones. In addition, it includes penalties for violating the ordinance.
This model ordinance will ensure the protection of civil rights and liberties through several provisions. It places limits on intelligence collection and surveillance activities and restricts the use of profiling based on a person's race, religion, country of origin, and gender. It requires transparency in the data collection methods of law enforcement and prohibits local officials from enforcing federal immigration programs. In addition, it provides for civil action if a person is subjected to law enforcement activities that are not in accordance with the ordinance.
The rights and liberties protected and guaranteed by the Bill of Rights of the Minnesota Constitution are threatened by the USA Patriot Act, the Homeland Security Act of 2002, and certain executive and military orders. In cases where activities, investigations, or proceedings have violated these fundamental rights and liberties, this resolution states that all City law enforcement agencies and personnel should report to the Minneapolis City Council and Human Rights Commission. This includes instances of a person being detained without charges, denied the right to counsel, or denied a public and speedy trial; a search warrant executed without notice to the subject of the warrant; electronic surveillance or wiretaps conducted without judicial approval; and more.