Pasadena Municipal Code Ch. 9.99 Preserving City Real Property for City Purposes

This chapter shall be known as "Ordinance Preserving City Real Property for City Purposes"

(Ord. No. 7469, § 1, 5-18-2026)

The purpose of this Chapter is to protect City real property so it remains accessible to the public and useable for its intended City purposes by prohibiting City real property from being used as a staging area, processing location, or operations base for unauthorized law enforcement actions, including immigration enforcement.

(Ord. No. 7469, § 1, 5-18-2026)

As used in this Chapter, the following definitions apply:

A. "The City" means the City of Pasadena with all the powers specified by the constitution and laws of the State of California and by the Charter of the City of Pasadena, and such powers as are necessarily implied.

B. "City Property" means real property belonging to, or subject to the control of, the City.

C. "Judicial Warrant" means a type of authorization issued by a federal judge or other judicial official that gives authority to perform a specific act, for example, to conduct a search or arrest a person.

D. "Law Enforcement Officer" means any peace officer as defined in California Penal Code section 830, as may be amended, and any officer or agent of any federal law enforcement agency, any state law enforcement agency, any local law enforcement agency, or any person contracted to conduct law enforcement including, but not limited to, immigration enforcement.

E. "Operations Base" includes a physical location that serves as a hub for planning, coordinating, managing, administering, commanding, controlling or supporting operational activities.

F. "Processing Location" includes a place or area of land, a tent, vehicle, structure, stockade, or other facility where detainees or arrestees are temporarily held during their investigation or identification, or during their administrative processing before transfer to a permanent detention facility or release.

G. "Staging Area" includes an area that is used to assemble, mobilize, and deploy vehicles, equipment, or materials, and related personnel.

(Ord. No. 7469, § 1, 5-18-2026)

No Law Enforcement Officer may use City Property as a Staging Area, Processing Location, or as an Operations Base for unauthorized law enforcement activities including, but not limited to, immigration enforcement, unless (a) the use furthers a City purpose; (b) the use is conducted in a manner that does not disrupt or impede use of the property for the City purpose; and (c) the City has authorized the use in accordance with Subsection C of Section 9.99.050, below.

(Ord. No. 7469, § 1, 5-18-2026)

A. City Property that either has been used, or has the potential to be used in the future, as a Staging Area, Processing Location, or Operations Base for unauthorized law enforcement activities conducted by Law Enforcement Officers including, but not limited to, immigration enforcement, may bear signage clearly stating the following:

"This property is owned and controlled by the City of Pasadena. It may not be used for unauthorized law enforcement including, but not limited to, immigration enforcement, as a Staging Area, Processing Location, or Operations Base. (PMC 9.99)"

B. City departments shall ensure that signage and physical barriers, such as locked gates, are used to limit access to City Property that has been identified pursuant to Subsection A, above.

C. All Law Enforcement Officers that seek to use City Property as a Staging Area, Processing Location, or Operations Base for law enforcement activities must obtain written consent from the City Manager's Office in advance of such operations, except under exigent circumstances or under the authority of a Judicial Warrant. In reviewing such request, the City Manager's Office shall consider whether the requester has shown that it has no reasonably available alternative location on which to conduct such operations.

(Ord. No. 7469, § 1, 5-18-2026)

A. Nothing in this Chapter shall be construed to interfere with or inhibit any exercise of the constitutionally protected rights of freedom of speech or assembly or to prevent the use of, or access to, City Property as required by law.

B. The prohibitions in Section 9.99.040, above, do not apply under exigent circumstances involving imminent danger to persons or property, or when access or use is required by federal, State, or local law, nor do they restrict or interfere with the execution of Judicial Warrants, nor do they limit the rights of any person or entity under State or federal law.

(Ord. No. 7469, § 1, 5-18-2026)

Nothing in this Chapter shall be interpreted or applied to create any requirement, power, or duty in conflict with any federal or State law. Nothing in this Chapter shall be interpreted or applied to affect or interfere with any property interest or agreement, deed, easement, lease, license, or permit including, but not limited to, amendments thereto, to occupy or use City Property entered into or effective on or before the effective date of this Chapter.

(Ord. No. 7469, § 1, 5-18-2026)

If any provision of this Chapter, or any application thereof to any person or circumstance, is found to be unconstitutional or otherwise invalid by a decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining provisions of this Chapter which can be implemented without the invalid provisions and which are declared to be severable. The City Council hereby declares that it would have adopted this Chapter and each provision thereof irrespective of whether any one or more provisions are subsequently found invalid, unconstitutional, or otherwise unenforceable.

(Ord. No. 7469, § 1, 5-18-2026)