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Eff.: ORDINANCE NO. _______
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK
ESTABLISHING ARTICLE 17. PREVENTION OF HUMAN
TRAFFICKING IN CHAPTER 3 MORALS AND CONDUCT, TITLE 5
POLICE AND PUBLIC SAFETY OF THE BURBANK MUNICIPAL
CODE
City Attorney’s Synopsis:
This Ordinance adopts and expands the requirements outlined in California Civil Code section 56.2 to prevent human trafficking and to enforce violations of its provisions.
Designated businesses will be required to post human trafficking notices in the workplace, provide mandated employee training, and comply with recordkeeping requirements.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. In 2013, the State of Calif ornia enacted Senate Bill 1193 adding section
52.6 to the California Civil Code , which mandates specified businesses and other establishments post a human trafficking model notice and provide training to employees.
In 2017, two additional measures were enacted under Senate Bill 225 and Assembly Bill 260 requiring the model notice include a specified number that victims can text for help and adding hotels, motels, and bed and breakfast inns to the list of businesses required to post the model notice. In 2019, Senate Bill 630 provided additional clarity on the role of local governments in adopting and enforcing rules at the local level to prevent human trafficking.
B. California Civil Code section 52.6 allows local jurisdictions to adopt ordinances that address human trafficking.
C. Human trafficking, which includes both sex and labor trafficking, persists throughout the State of California. The perpetrators of human trafficking create a climate of fear to cont rol their victims and lure or coerce people into various forms of work, including domestic, factory, farm, restaurant, and commercial sex.
D. The City of Burbank Ordinance will operate as a positive force by increasing awareness of the existence of human trafficking within the community of employers and employees, and within the community at large, by directly communicating to those communities the means of learnin g about and reporting the suspected existence of human trafficking, and by creating avenues for victims of human trafficking to escape their captors.
E. To effectively enforce the requirements of the Ordinance, the City Attorney’s Office has the subpoena power under the Burbank Municipal Code and State law to effectuate misdemeanor prosecution. The Community Development Department also has the authority to investigate violations of the Ordinance and issue administrative fines and civil penalties.
F. Existing local and State laws make it difficult to successfully criminally prosecute owners of bu ildings or places that allow for human trafficking to occur, or in ATTACHMENT 1
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which acts of human trafficking is held or occurs. Therefore , it is necessary to authorize criminal prosecution for this activity under the Ordinance.
G. Based on the forgoing, it is necessary to implement the Ordinance to comply with local and State law requiring the posting of human trafficking awareness signage and mandated employee training.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
1. The City Council of the City of Burbank hereby finds that the above findings are true and correct and are hereby incorporated by reference.
2. Title 5, Chapter 3, Article 17, of the Burbank Municipal Code is hereby amended to read as follows:
“ARTICLE 17. PREVENTION OF HUMAN TRAFFICKING”
5-3-1701 A: DEFINITIONS:
As used in this article, unless the context otherwise clearly indicates, the following words and terms shall mean:
DEPARTMENT: City of Burbank Community Development Department, Bui lding and Safety Division.
EMPLOYEE: Any individual who: 1. In a particular week performs at least two hours of work for an Employer; and 2. Qualifies as an Employee entitled to payment of a minimum wage from an Employer under the California minimum wage law, as provided under section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission.
EMPLOYER: Any person, as defined in section 18 of the California Labor Code, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs an Employee or exercises control over the wages, hours, duties, or working conditions of any Employee. This Chapter and the def inition of Employer do not apply to federal, state, or local government entities or agencies.
FORCED LABOR OR SERVICES: Labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person.
HUMAN TRAFFICKING: Depriving or violating the personal liberty of another with the intent to obtain Forced Labor Services.
5-3-1701 B: PUBLIC NUISANCE:
Every building or place used for the purpose of Human Trafficking, and every building or place in or upon which acts of Human Trafficking are held or occur is unlawful and a public nuisance, which shall be enjoined, abated, and prevented.
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5-3-1701 C: POSTING REQUIREMENT:
Each of the following businesses or other establishments in the incorporated area must post a notice that complies with the requirements of this Chapter in a conspicuous location near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted:
A. On-sale general public premises licensees under the Alcoholic Beverage Control Act (Diversion 9 (commencing with section 23000) of the California Business and Professions Code).
B. Adult or sexually oriented businesses, as defined in subdivision (a) of section 318.5 of the California Penal Code.
C. Primary airports, as defined in section 47102(16) of Title 49 of the United States Code.
D. Intercity passenger rail or light rail stations.
E. Bus stations.
F. Truck stops. For purposes of this section, “truck stop” means a privately -owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking.
G. Emergency rooms within general acute-care hospitals.
H. Urgent care centers.
I. Farm labor contractors, as defined in subdivision (b) of section 1682 of the California Labor Code.
J. Privately-operated job recruitment centers.
K. Roadside rest areas.
L. Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of section 4612 of the California Business and Professions Code.
M. Hotels, motels, bed and breakfast inns, as defined in subdivision (b) of section 24045.12 of the California Business and Professions Code, and hostels and boarding houses, not including personal residences.
N. Restaurants, as defined in Burbank Municipal Code Chapter 10-1-203.
O. Community Care Facilities, as defined in subdivision (a) of section 1502 of the California Health and Safety Code, except small family homes and foster family homes.
P. Skilled nursing facilities, as defined in subdivision (c) of section 1250 of the California Health and Safety Code.
Q. Barbershops, hair salons, and nail salons.
R. Gas stations.
S. Retail stores that sell food or household goods, including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked goods, and/or prepared foods.
T. Shelters, including domestic violence shelters and homeless shelters.
U. Primary and reproductive/sexual health services providers, including hospitals, offices operated by a licensed physician and surgeon, licensed clinics or clinics exempt from licensure, or other licensed health care facilities that provide any primary care or reproductive/sexual health care services.
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V. Garment manufacturing establishments, as defined in California Labor Code section 2671.
W. Places, buildings, structures, or portions thereof, where any commercial goods are stored.
X. Construction sites for multi -family residential developments of five or more units, commercial developments, or mixed-use developments.
Y. Businesses or establishments providing janitorial or building maintenance services.
5-3-1701 D: CONTENT OF NOTICE:
The notice to be posted under Section D of this Chapter must be at least 8-1/2 inches by 11 inches in size, written in a 16-point font, and must state the following:
IF YOU OR SOMEONE YOU KNOW IS BEING FORCED TO ENGAGE IN ANY ACTIVITY AND CANNOT LEAVE – WHETHER IT IS COMMERCIAL SEX,
HOUSEWORK, FARM WORK, CONSTRUCTION, FACTORY, RETAIL, OR RESTAURANT WORK, OR ANY OTHER ACTIVITY – TEXT 233-733 (BE FREE) OR CALL THE NATIONAL HUMAN TRAFFICKING HOTLINE AT 1 -888-373-7888 OR THE CALIFORNIA COALITION TO ABOLISH SLAVERY AND TRAFFICKING (CAST) AT 1 - 888-KEY-2-FRE(EDOM) OR 1 -888-539-2373 TO ACCESS HELP AND SERVICES.
VICTIMS OF SLAVERY AND HUMAN TRAFFICKING ARE PROTECTED UNDER UNITED STATES AND CALIFORNIA LAW.
THE HOTLINES ARE:
• AVAILABLE 24 HOURS A DAY, 7 DAYS A WEEK
• TOLL-FREE
• OPERATED BY NON-PROFIT, NON-GOVERNMENTAL ORGANIZATIONS • ANONYMOUS AND CONFIDENTIAL
• ACCESSIBLE IN MORE THAN 160 LANGUAGES
• ABLE TO PROVIDE HELP, REFERRAL TO SERVICES, TR AINING, AND GENERAL INFORMATION.
5-3-1701 E: LANGUAGE OF NOTICE:
The notice to b e posted under Section D of this Chapter must be printed in English, Spanish, and any languages spoken by at least 20 percent of the employees and/or 20 percent of the patrons of the business or establishment subject to the posting requirement of Section D.
5-3-1701 F: TRAINING:
A. A business or other establishment that operates a facility described in Section C of this Chapter must provide at least 20 minutes of training to its new and existing Employees who could interact with, or come into contact with, a victim of Human Trafficking or who are likely to receive, in the course of their employment, a report from another Employee about suspected Human Trafficking, in recognizing the signs of Human Trafficking and how to report those signs to the appropriate law enforcement agency.
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B. The Employee training required by this section shall include all of the following:
1. The definition of Human Trafficking, including sex trafficking and labor trafficking;
2. Myths and misconceptions about Human Trafficking;
3. Physical and mental signs to be aware of that may indicate that Human Trafficking is occurring;
4. Guidance on how to identify individuals most at risk for Human Trafficking;
5. Guidance on how t o report Human Trafficking, including national hotlines (1- 888-373-7888 and text line 233- 733) and contact information for local law enforcement agencies that an Employee may use to make a confidential report; and
6. Protocols for reporting Human Trafficking when on the job.
C. The Employee training required by this section may include information and material used in training Santa Clara County Valley Transit Authority Employees, private nonprofit organizations that represent the interests of Human Trafficking victims, and the State of California Department of Justice.
D. The Employee training required by this section shall be delivered by a provider approved by the Department and may be completed in person or online.
E. Each Employee’s completion of the training requi red by this section must be documented with an attendance sheet or a certificate.
F. The Department will publish a list of preapproved training programs or providers that satisfy the requirement in this section.
G. Each Employer subject to this Chapter must maintain records sufficient to verify and substantiate the Employer’s full compliance with the training requirement in this section.
5-3-1701 G: RETALIATION OR DISCRIMINATION PROHIBITED:
No business or other establishment identified in Section D of this Chapter, or its agents, representatives, or Employees, may discipline, discharge from employment, or otherwise punish, retaliate against, or discriminate against any person as a reprisal for the person:
A. Having made a good- faith report of a suspected act of Human Trafficking to that person’s Employer, any appropriate government agency, the National Human Trafficking Hotline, or the California Coalition to Abolish Slavery and Trafficking; or B. Having discussed a suspected act of Human Trafficking with that person’s Employer, any appropriate government agency, the National Human Trafficking Hotline, or the California Coalition to Abolish Slavery and Trafficking. 5-3-1701 H: RECORDKEEPING AND ACCESS:
A. Training Records. Employers subject to this Chapter must retain accurate and complete training records pertaining to each Employee that document the name, address, occupation, and date(s) of training, including copies of attendance sheets and/or certificates documenting training received.
B. Retention Period. Every Employer subject to this Chapter must retain training records required in subsection A, above, for four (4) years.
C. Access and Cooperation with Investigations. To allow for compliance monitoring and investigation, every Employer subject to this Chapter must:
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1. Allow the Department access to such records required in subsection A of this section;
2. Allow the Department to interview persons, including Employ ees, during normal business hours; and
3. Otherwise cooperate with the Department’s investigators.
D. Presumption of Violation. There is a rebuttable presumption that an Employer violated this Chapter if an all egation is made concerning the Employer’s compliance with this Chapter and the Employer does not maintain or retain training records required by subsection A of this section, or if the Employer does not comply with subsection C of this section.
5-3-1701 I: ENFORCEMENT:
A. Enforcement and Investigations. The Department is authorized to take appropriate steps to enforce this Chapter, including conducting investigations of possible violations by an Employer or other person.
B. Access to Records. The Department shall have access to all workplaces subject to this Chapter during business hours to inspect postings and records, to interview persons, incl uding Employees, and to investigate such matters necessary or appropriate to determine whether an Employer has violated any provisions of this Chapter.
C. Delegation of Subpoena Power. Under the California Government Code section 53060.4, the City Attorney sh all have the authority to issue subpoenas for documents and to conduct examinations of persons as witnesses under California Government Code section 25170 for the purpose of enforcing this Chapter. This also includes the power to administer oaths under Cal ifornia Government Code section 25057 and to take all actions necessary to enforce subpoenas, including reporting noncompliance with the subpoena(s) to the Superior Court and seeking an order from the Superior Court compelling compliance with the correspon ding subpoena(s).
5-3-1701 J: VIOLATIONS- PENALTIES:
The Department is responsible for the investigation and enforcement of this Chapter and may coordinate with any other City department for enforcement. The following remedies, in addition to any other rem edies allowed by law, are available for violations of this Chapter:
A. Administrative Fine. Any person who violates any provision of this Chapter may be subject to administrative fines, noncompliance fees, and other remedies . A business or establishment that fails to comply with the requirements of this Ordinance is liable for a civil penalty of five hundred dollars ($500) for a first offense and one thousand dollars ($1,000) for each subsequent offense. Before issuing a notice of administrative fine, the enforc ement officer must provide a notice of violation with a correction period of 30 days. The administrative fines cannot exceed $1,000 per violation, per day.
B. Civil Action and Civil Penalty. Any person who violates any provision of this Chapter may be subject to civil action by the City Attorney’s Office, including an injunction, and will be liable for a civil penalty of up to $2,500 per violation, per day.
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C. Public Nuisance. Any business or establishment declared to be a public nuisance as described under 5-3-1701 B may be abated under Chapter 1 -1-108 of the Burbank Municipal Code or may be charged with a misdemeanor that is punishable by a fine not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or both.
D. Any administrative fine or civil penalty coll ected under this Chapter shall be deposited into the City’s general fund.
E. (reserved)
5-3-1701 K: SEVERABILITY:
If any subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The Burbank City Council declares that it would have adopted this Chapter, each and every section, and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
5-3-1701 L: EFFECTIVE DATE:
This ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
PASSED AND ADOPTED this _____ day of __________ , 2024.
__________________________
Nick Schultz
Mayor
Approved as to Form:
Attest: Office of the City Attorney
________________________ By: _______________________ Kimberley Clark, City Clerk Ray Johal
Senior Assistant City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. _______ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of _________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following the ordinance’s adoption on ____________________.
__________________________
Kimberley Clark, City Clerk