City Council

TROY CITY COUNCIL PUBLIC SAFETY MEETING AGENDA December 4, 2018 6:00 P.M. Pledge of Allegiance Roll Call Public Forum LOCAL LAWS ORDINANCES 129. Ordinance Amending The Code Of The City Of Troy: Chapter 124, “Animals”; Article II, “Dogs”; Section 124-9, “Dangerous Dogs”; Subsection D, “Penalty.” (Council Member Bissember) RESOLUTIONS 113. Resolution Affirming The City Of Troy As A Sanctuary City (Council Member Bissember)  ORD#129 ORDINANCE AMENDING THE CODE OF THE CITY OF TROY: CHAPTER 124, “ANIMALS”; ARTICLE II, “DOGS”; SECTION 124-9, “DANGEROUS DOGS”; SUBSECTION D, “PENALTY.” ___________________________________________________________________________ The City of Troy, in City Council, convened, ordains as follows: Section 1. § 124-9 Dangerous Dogs of the Code of the City of Troy is hereby amended to provide and read as follows, (2) Any dangerous dog which attacks a human being or animal shall may be ordered destroyed. Section 2. This Ordinance shall take effect immediately. Approved as to form, November 27, 2018 _________________________________________ JAMES A. CARUSO, ESQ. Corporation Counsel  RES#113 RESOLUTION AFFIRMING THE CITY OF TROY AS A SANCTUARY CITY WHEREAS, the City of Troy, New York is proud to be a city that values its ethnic, racial, linguistic, religious, and socioeconomic diversity as a source of our City’s strength, and WHEREAS, the City of Troy values the social, cultural and economic contributions that have been made by immigrants for the benefit of the City, and WHEREAS, the City of Troy is committed to upholding and protecting the civil and human rights of all individuals within the City and has long prohibited discrimination based upon race, ethnicity, national origin, religion, gender identity, sexual orientation, or other protected characteristics in the provision of its services and the enforcement of laws; and WHEREAS, the enforcement of federal immigration laws is the prerogative of federal enforcement agencies, not local law enforcement agencies; and WHEREAS, it is particularly essential to the mission of the City’s emergency services departments that victims report crimes or injuries, cooperate fully in investigations, and summon help when needed; and WHEREAS, the Troy Police Department currently has a practice that it does not inquire into a person's immigration status upon Initial contact, and WHEREAS, the City of Troy has no formal existing agreements to enforce federal immigration policy; and WHEREAS, the Troy City Council is committed to resisting threats against privacy and liberty by taking meaningful steps to ensure that our communities are safe, and that all residents can live and pursue their livelihoods in peace and prosperity; and WHEREAS, a number of municipalities around the country and in New York State are resisting threats against individual rights to privacy and liberty by taking meaningful steps to ensure that communities are safe, and that all rights are respected so that their municipality may continue to thrive; and WHEREAS, voluntary collaboration related to non-criminal deportation and detention between local law enforcement and the federal Immigration and Customs Enforcement (ICE) makes immigrants less likely to report crimes, act as witnesses in criminal investigations and prosecutions, and provide critical intelligence to law enforcement, and that the cooperation of the City’s immigrant communities is essential to prevent and solve crimes and maintain public order, safety and security in the entire City; and WHEREAS, federal law does not require local law enforcement or other local service providers to inquire into an individual's immigration status or to respond to federal immigration and Customs Enforcement (ICE) detainer requests; and WHEREAS, the Rensselaer County Sheriff’s 287(g) agreement with ICE may undermine public trust and cooperation with law enforcement, and poses a threat to public safety and necessitates corrective action by the City of Troy:  RES#113 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TROY, that the City of Troy hereby reaffirms its commitment to continue its longstanding and legal practice of not inquiring into the immigration status of individuals being provided local government services, except where the receipt of such services or benefits are contingent upon one's immigration or citizenship status or where inquiries are otherwise lawfully required by federal, state, or local laws; and BE IT FURTHER RESOLVED that no officer or employee of the City of Troy shall inquire into the immigration status of individuals being provided local government services, except where the receipt of such services or benefits are contingent upon one’s immigration or citizenship status or where inquiries are otherwise lawfully and expressly required by federal, state, or local laws; and BE IT FURTHER RESOLVED, that the City of Troy Police Department shall not perform the functions of a federal immigration officer or otherwise engage in the enforcement of federal immigration law, whether pursuant to Section 1357(g) of Title 8 of the United States Code; and BE IT FURTHER RESOLVED, that the City of Troy Police Department shall not inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the police seeking assistance, unless necessary to investigate criminal activity by that individual; and BE IT FURTHER RESOLVED, that the City of Troy Police Department shall not stop, question, interrogate, investigate, arrest or detain an individual based solely on actual or suspected immigration or citizenship status, or a “civil immigration warrant,” administrative warrant, or an immigration detainer in the individual’s name; and BE IT FURTHER RESOLVED, that the City of Troy Police Department shall not engage, assist or support immigration enforcement except as follows: i. In response to an articulated, direct threat to life or public safety; or ii. When such services are required to safely execute a criminal warrant or court order issued by a state or federal court; or iii. Where it has been demonstrated that a state or federal statute or regulation require local law enforcement cooperation. Approved as to form, November 27, 2018 ________________________________________ JAMES A. CARUSO, ESQ. Corporation Counsel