§ 19.03

Whereas, the purpose of the Civil Rights Act, 18 U.S.C. Sections 241 et seq. is to protect the citizens of the United States from acts which "injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States; and

Whereas, part of the Civil Rights Act, 18 U.S.C. Section 245(a)(1) allows state and local law enforcement authorities the authority and responsibility for prosecuting acts that may be in violation the Civil Rights Act and that violate state or local law; and

Whereas, the supervisors of Modoc County endorse the protections, rights and privileges afforded by the U.S. Constitution and the Civil Rights Act and desire to ensure that those protections, rights or privileges

are afforded to the citizens of Modoc County; and

Whereas, the supervisors of Modoc County find that to provide for the general welfare, public peace, health and safety of the citizens of Modoc County, emergency passage of the ordinance codified in this chapter is required to protect the citizens of Modoc County from current or potential violations of their rights or privileges as guaranteed by the U.S. Constitution, federal statutes and local ordinances.

(Ord. 312 §1(part), 1995)

Now, therefore, the Civil Rights Act, U.S.C. Sections 241 et seq. are adopted as a county ordinance by the supervisors of Modoc County.

(Ord. 312 §1(part), 1995)

All violations of the ordinance codified in this chapter and the rights or privileges that this chapter protects, shall be filed with the district attorney and with the sheriff of Modoc County and the Modoc County land use commission. Once a complaint regarding such violation of a right or privilege protected by this chapter is filed with the district attorney, sheriff and county land use commission, an investigation of such violation must occur, including a determination of the identification of the person(s), including but not limited to any employee of the federal, state or county government responsible for such violation.

(Ord. 312 §1(part), 1995)

That immediately upon the filing of any complaint pursuant to the provisions of this chapter, the district attorney shall inform the board of supervisors of such filing and keep them appraised at all times of the progress and findings made in any resulting investigation.

(Ord. 312 §1(part), 1995)

All violations of this chapter shall be considered a criminal matter and the potential punishment imposed upon the determination of guilt pursuant to law shall be as provided in Chapter 1.16 of this code, or as otherwise provided by California State law.

(Ord. 312 §1(part), 1995)

Whereas, an additional purpose of the Civil Rights Act, 42 U.S.C. Section 1983, based upon the Act of April 20, 1871, Ch. 22, Section 1, Stat 13, is to protect citizens of the United States from acts which deprive them from enjoying their Constitutionally protected rights, privileges and immunities. Should such deprivation occur, such offender shall be liable to the injured party in a suit in equity, or action at law. The Civil Rights Act of 1871 states:

"That any person who under color of law or any law, statute, ordinance, regulation, custom, or usage of any State, shall subject, or cause to be subjected, any person within the jurisdiction of the United States to the deprivation of any rights, privileges, or immunities secured by the Constitution of the United States, shall any such law, statute, ordinance, regulation, custom, or usage of the State to the contrary notwithstanding, be liable to the party injured in any action at law, suit in equity, or other proper proceeding for redress." (17 Stat. 13 [1871]); and

Whereas, the Civil Rights Act at 18 U.S.C. Sections 241, 245, states:

"If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States...They shall be fined not more than $10,000.00 or imprisoned not more than ten years or both; and if death results, they shall be subject to imprisonment for any term of years or for life (18 U.S.C. Section 241)."

Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any state, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense which it would have jurisdiction in the absence of this section, nor shall anything in this section be construed as depriving state and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of state and local law [25 U.S.C. Section 245(a)(1)]; and

Whereas, the U.S. Supreme Court has ruled that rights in property are basic civil rights and the Supreme Court has stated:

"Property does not have rights. People have rights. The right to enjoy property without unlawful deprivation, no less than the right to speak or the right to travel, is in truth "personal" right, whether the "property" in question be a welfare check, a home, or a savings account. In fact, a fundamental interdependence exists between the personal right to liberty and the personal property right. Neither could have meaning without the other. That rights in property are basic civil rights has long been recognized. (Citations omitted) Congress recognized these rights in 1871 when it enacted the predecessor of Sections 1983 and 1343(3). We do no more than reaffirm the judgement of Congress today." Lynch v. Household Finance Corp, 405 U.S. 538 (1972). Now, therefore, the board of supervisors of Modoc County ordains that in addition to any criminal actions that may occur through the enforcement of the ordinance codified in this chapter, that every person, who under color of any statute, ordinance, regulation, custom, or usage of any state or territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. (This language has been taken from 42 U.S.C. Section 1983). In any such action at law, suit in equity, or other proceeding, the injured party may include a request for and offer evidence that punitive and/or other monetary damages should be assessed upon the offending party.

(Ord. 312 §1(part), 1995)

If any provision of this chapter or the application thereof is held invalid, such invalidity does not affect any other provision of this chapter which can be given effect without the invalid provision or application, and to

those ends the provisions of this chapter are severable.

(Ord. 312 §1(part), 1995)

Chapter 19.04 - PRIVATE PROPERTY PROTECTION