Label
Ordinance, Education & Educators, Text Amendment of TMC
Driscoll, Gadus, Jones, Komives, Kramer, Martinez
Title
Amending Toledo Municipal Code Chapter 509 “Disorderly Conduct and Peace Disturbance” by enacting Section 509.13 “Obstructing or Impeding Access to Education”; and amending Toledo Municipal Code Chapter 537 “Offenses Against Persons” by enacting Section 537.29 “Harassment of Educators”; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
In response to increased federal immigration enforcement efforts, this ordinance is part of a package of policies that are intended to provide clarity to both its employees and the public as to the City’s involvement with immigration enforcement efforts. The City does not operate any services for the purpose of federal immigration laws and enforcement of civil immigration is under the sole authority of the federal government. Toledo is home to thousands of immigrants, refugees, and their families who all make this city their home and in light of recent immigration enforcement efforts, Council feels an obligation to enact policies that demonstrate our support and protection for those residents.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code §509.13 is enacted to state as follows:
§509.13 Obstructing or Impeding Access to Education
(a) For use in this section, the following are defined as:
(1) “School” means an educational facility for children whose attendance is required by the laws of the state and/or a state licensed early care and education program, such as, but not limited to, preschool education programs and school-age child education programs.
(2) “Child day care center” means any place in which child day care is provided for four or more infants, preschool children, or school-age children outside of school hours in average daily attendance, other than the children of the owner or operator of the center, with or without compensation.
(3) “Premises” means any land, building, structure, or place belonging to, controlled by, or in the custody of another and any separate enclosure or room, or portion thereof.
(b) No person shall knowingly do any of the following:
(1) Physically obstruct or block another person from entering into or exiting from the premises of a school or child day care center by restraining, grabbing or otherwise subjecting the person to unwanted physical contact or attempt or threaten to do the same;
(2) Obstruct or block the premises of a school or child day care center so as to impede access to or from the premises, or attempt to do the same;
(3) Engage in disorderly conduct as defined by Section 509.03 of this Code, within 15 feet of the premises of a school or child day care center;
(4) Engage in a course of conduct or repeatedly commit acts within 15 feet of the premises of a school or child day care center when that conduct or behavior places another person in reasonable fear of physical harm, or attempt or threaten to do the same.
SECTION 2. That Toledo Municipal Code §537.29 is enacted to state as follows:
§537.29 Harassment of Educators
(a) As used in this section, “school” and “child day care center” shall have the same meaning as in Section 509.13.
(b) As used in this section,
(1) “Educator” is defined as an employee or independent contractor of a school or child day care center.
(2) “Communication” shall include any method of conveyance, including but not limited to, in-person, telephonic, email, text, voicemail, instant message, social media messages, U.S. mail, private mail or delivery service, or any other method intended to convey statements to another.
(c) No person shall knowingly make or cause to be made a communication, or knowingly permit or encourage another to make a communication from a device under such person’s control, to an educator with the purpose to threaten, intimidate, menace, coerce, abuse, or harass such educators regarding or in connection with their duties and/or responsibilities pertaining to the operation of a school or child day care center.
SECTION 3. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that the same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide clarity and protection for our employees and residents of City of Toledo.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council