HomeMy Public PortalAboutOrdinance 2015-0585 Anti-BDS_BoycottDivestmentSanctionsORDINANCE NO. 2015-585
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
THE BAL HARBOUR VILLAGE CODE OF ORDINANCES BY CREATING
ARTICLE X " CONTRACTING WITH THE VILLAGE", OF CHAPTER 2
"ADMINISTRATION" OF THE VILLAGE CODE, PROHIBITING THE
VILLAGE FROM PROCURING GOODS OR SERVICES FROM, OR
OTHERWISE CONTRACTING WITH A BUSINESS WHICH ENGAGES IN
THE BOYCOTT OF A PERSON OR ENTITY BASED ON RACE, COLOR,
RELIGION, GENDER, OR NATIONAL ORIGIN; PROVIDNG FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Village Council strongly opposes the practice of economic
discrimination and boycotts of persons and/or entities on the basis of race, color, religion,
gender or national origin; and
WHEREAS, the Village Council desires to protect the interests of its citizens by ensuring
that they, through the Village Council, will not be party to such discriminatory business practices
and boycotts, and furthermore that Village Council contracts with the private sector are protected
from the practical and legal instability inherent to parties that support or engage in such
discriminatory practices.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF
BAL HARBOUR VILLAGE, FLORIDA; AS FOLLOWS:
Section 1. Recitals. That the above stated recitals are hereby adopted and
confirmed.
Section 2. Village Code Amended. That Article X "Contracting with the Village", of
Chapter 2 "Administration" of the Bal Harbour Village Code of Ordinances is hereby created
and shall read as follows:
Article X. "Contracting with the Village.
Section 2-401. Definitions. As used in this Article, the following terms shall have
the following meanings:
Boycott means to blacklist, divest from, or otherwise refuse to deal with a person or
entity when the action is based on race, color, religion, gender, or national origin of the
targeted person or entity. The term Boycott does not include:
(a) A decision based upon business or economic reasons;
Bal Harbour Village Ordinance 2015-585
(b) A Boycott against a public entity or foreign state when the boycott is applied in a
non discriminatory manner;
(c) Boycotts or divestments of particular jurisdictions that are specifically authorized or
required by federal law or state law.
Business means any sole proprietorship, organization, association, corporation, limited
liability partnership, limited liability company, or other entity or business association, including
wholly owned subsidiaries, majority owned subsidiaries, parent companies or affiliates of
those entities or business associations.
Open Trade Jurisdiction means World Trade Organization members and those countries with
which the United States has free trade or other agreements aimed at ensuring open and
nondiscriminatory trade regulations.
Section 2-402. Non -Discrimination.
(A) The Village shall not enter into a contract with a Business unless the contract
includes a representation that the Business is not currently engaged in, and an
agreement that the Business will not engage in, the Boycott of a person or an
entity based in or doing business with an Open Trade Jurisdiction.
(B) The Village may, in its sole discretion, elect to waive the requirements of this Article
upon the affirmative vote of the Village Council where the Village Council deems
the waiver necessary for the health, safety or welfare of the Village and its
residents."
Section 3. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the Village Council,
and it is hereby ordained that this Ordinance shall become and made part of the Village Code;
that the sections of this Ordinance may be renumbered or relettered to accomplish such
Bal Harbour Village Ordinance 2015-585
intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate
word.
Section 5. Conflict. That all sections or parts of sections of the Village Code, all
ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with
this Ordinance are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
PASSED AND ADOPTED on first reading this 20th day of October,�2015.
PASSED AND ADOPTED on second reading this � day of /U6v.(....3 , 201ti
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Martin Packer,
Mayor
ATTEST:
Dwight S. Danie ViNage Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VillageP)tforne
Weiss erota Helfman Cole & Bierman, P.L.
Reviewed and Approved by Village Attorney Matthew J. Pearl
Bal Harbour Village Ordinance 2015-585