8. The COVID-19 pandemic and other public health emergencies have raised important questions about the balance between public health orders and individual rights;
9. The City of Porterville is a Charter City directly authorized by the California Constitution and formed by the authority of its people to govern its municipal affairs; and as such, has a direct interest in protecting the individual liberties of its citizens; and 1 O. As a Charter City, it is the responsibility of the City of Porterville to respect and protect the constitutionally protected rights and freedoms of its residents, in accord with the law.
B. Medical Freedom:
1. The City Council affirms its commitment to protecting individual liberty and medical freedom.
2. Every adult resident of Porterville has the right to make their own informed medical decisions, including the right to consent to or decline medical treatments and interventions, free from coercion, discrimination, or illegal interference.
3. The City of Porterville will not engage in illegal discrimination against individuals based on their vaccination or medical status, and will respect the privacy of individuals' medical information to the extent protected by law.
4. The City of Porterville recognizes the importance of legally established public health measures to promote public health, and to protect the community during public health emergencies.
5. The City of Porterville shall not follow or enforce executive or administrative directives that have been determined to unlawfully infringe upon constitutionally protected rights.
6. The City of Porterville encourages open and respectful dialogue on liberty issues affecting the City and the protection of the public health of the Porterville community, fostering understanding and cooperation among its residents through constitutionally protected free speech and open dialog, without illegal censorship.
7. The City of Porterville will continue to monitor and adapt its policies and practices to protect the rights and freedoms of its residents while also addressing public health concerns, as required by law.
C. Parental Rights:
1. The City Council affirms its commitment that City residents, to the fullest extent required by the Federal and State Constitutions, are entitled to be made aware of information and matters related to their minor children's health and education, including all physical and mental health matters, educational curriculum, or sexual and/or gender orientation, identity or expression.
D. Protection from Discrimination:
1. The City Council affirms its commitment that City residents, to the fullest extent provided for by the State and Federal Constitution, are entitled to legal protections against discrimination, including discrimination based on sex, and women are entitled to equal educational opportunities and safe private environments in order to minimize the risk of sexual harassment and violence,
E. Legal Challenges.
1. Based on the findings set forth in subsection (A) above, the City has direct interest in protecting parents and children due to the impact of State legislation that illegally infringes on the individual liberties of its community members.
2. The City Council hereby authorizes the establishment of a legal defense assistance program and fund, which said fund to be established at such time that funding is expressly determined by the City Council to be available and set forth in the City's budget for such purpose.
3. The scope and requirements of the program shall be set forth by Resolution of the City Council.
SECTION 2. CEQA REVIEW. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) [there is no possibility the activity in question may have a significant affirmative effect on the environment]. In addition to the foregoing general exemption, the City Council further finds that the ordinance is categorically exempt from review under CEQA under the Class 8 categorical exemption [regulatory activity to assure the protection of the environment]. Furthermore, this ordinance is exempt pursuant to California Business and Professions Code Section 26055(h) on the basis that the adoption of this ordinance that require discretionary review under CEQA to approve licenses to engage in commercial cannabis activity in the City. The City Manager is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062].
SECTION 3. NO LIABILITY. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of Porterville, or any official, employee or agent thereof.
SECTION 4. PENDING ACTIONS. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
SECTION 5. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Porterville hereby declares that it would have
adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 6. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Porterville Municipal Code as amended by this ordinance are substantially the same as provisions in the Porterville Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shal I be construed as continuations of the earlier provisions and not as new enactments.
SECTION 7. EFFECTIVE DA TE. The foregoing ordinance shall take effect thirty (30) days from the date of the passage hereof. Prior to the expiration of fifteen (15) days from the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(l) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.
PASSED, APPROVED AND ADOPTED this __ day of _ _ _ , 2025.
Ill
ATTEST:
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, City Clerk
By:------- ------- Fernando Gabriel-Moraga, Deputy City Clerk Greg Meister, Mayor