An Ordinance of the Council Amending, Modifying, and Re-enacting Article 99 of the Codified Ordinances of the City of Huntington, as Revised, Concerning People's Bill of Rights.
WHEREAS, the devastating attacks of 9-11-01 in the United States and the continued national outcry for patriotism causes a need for reaffirmation of the American way of life; and
WHEREAS, the restriction of civil liberties by the United States actually constitutes a defeat of its founding principles as well as a victory for the perpetrators of 9-11; and
WHEREAS, this Council wishes to limit government intrusion upon the personal lives of the people of Huntington; and
WHEREAS, the people of Huntington have a right to be free from profiling, discrimination and general searches; and
WHEREAS, the people of Huntington should not be subject to searches without probable cause and due process of law; and
WHEREAS, the constitution of the State of West Virginia, Article 1-3. (Continuity of constitutional operation), asserts that
""The provisions of the constitution of the United States, and of this state, are operative alike in a period of war as in time of peace, and any departure therefore, or violation thereof, under the plea of necessity, or any other plea, is subversive of good government, and tends to anarchy and despotism.""
WHEREAS, this Council recognizes the people within its jurisdiction as the sovereign of the City of Huntington, Cabell and Wayne Counties, West Virginia,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HUNTINGTON, CABELL AND WAYNE COUNTIES, WEST VIRGINIA, that Article 99 of the Codified Ordinances of the City of Huntington, as revised, is hereby AMENDED, MODIFIED and RE-ENACTED to read as follows:
ARTICLE 99
PEOPLE'S BILL OF RIGHTS
99.01 PREAMBLE.
The people have inalienable rights that exceed the needs of the City of Huntington and are granted through the individual's ability to reason, right to be free, to question the governors of the City of Huntington and to act as sovereign have, by declaration, rights recognized by Council as the basis of American Democracy and our chosen way of life. The essence of American Freedom is founded upon individual liberties, not granted by government, but retained by the sovereign. And therefore, the following actions affect the City of Huntington, Council, Mayor and its subordinate agencies, boards, and committees.
99.02 THE RIGHT OF FREE SPEECH.
The people shall have the right to express their opinion and the City of Huntington shall not attempt to regulate content of speech. The City of Huntington, Council, Mayor and its subordinate agencies, boards, and committees may regulate time, place and manner of speech, but not content.
99.03 RIGHT TO KEEP AND BEAR ARMS.
The people shall have the right to keep and bear arms within the City of Huntington under the laws of the United States of America and the State of West Virginia.
99.04 RIGHT TO DUE PROCESS.
a No one shall be compelled to testify against himself or spouse / herself or spouse nor be denied rights of due process under the laws of the United States of America and the State of West Virginia.
b No person shall be held by the City of Huntington greater than twenty-four (24) hours without charges being proffered.
c An individual has a right to be secure in his person from unreasonable searches and seizures and no warrants shall be issued without probable cause supported by oath or affirmation and particularly describing the persons or items to be seized and the places to be searched.
d No stops, searches or inquiry can be made of any person based upon their race, religion, sex, age or ethnic origin.
99.05 RIGHT OF PRIVACY.
a No government agency shall invade the privacy of a person located within the City of Huntington by electronic eavesdropping, intercepting Internet transmissions, or by opening correspondence transmitted electronically, lest he be an officer of the law who has obtained a specific warrant for such searches.
b No law enforcement agency shall seek to invade any telephone, computer transmission or personal correspondence that is private between the sender and receiver without a warrant.
1 Each invasion shall constitute a separate act and the individual perpetrating the act and those directing the invasion shall be equally subject to the penalty as stated in Section 99.99.
99.99 PENALTY.
Any violation of Article 99 shall be subject to a fine of up to Five Hundred Dollars ($500.00) and/or thirty (30) days in jail.
BE IT FURTHER ORDAINED that all other articles, sections and sub-sections of the Codified Ordinances of the City of Huntington, as revised, shall remain in full force and effect until further Ordinance of this Council.
BE IT FURTHER ORDAINED that Article 99 shall become effective upon its adoption by council and approval by the Mayor.