Can Your Town Ban the Military from Recruiting Anyone Under 18?

4) This Ordinance does not violate provisions of No Child Left Behind. The No Child Left Behind Act (PL 117-110, Section 9528.3) mandates that: “Each local educational agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students as is provided generally to post secondary educational institutions or to prospective employers of those students.” This Ordinance is to be approved by the voters, not by any local educational agency. Under the Ordinance, schools may still provide access to military recruiters, but recruiters are prohibited from recruiting or promoting the future enlistment of any person under the age of eighteen.

Specific Purpose

The specific purpose of this Ordinance is to protect youth under the age of eighteen from military recruiting.

Statement of Law

No person who is employed by or an agent of the United States government shall, within the City of Arcata, in the execution of his or her job duties, recruit, initiate contact with for the purpose of recruiting, or promote the future enlistment of any person under the age of eighteen into any branch of the United States Armed Forces.

Nothing in this Ordinance shall prevent any person from voluntarily visiting a military recruitment office or specifically initiating a request to meet with a recruiter.

Nothing in this Ordinance shall prevent individuals who are not employed by or agents of the U.S. government from encouraging people under the age of eighteen to join the military.

Enforcement

The City of Arcata shall inform all local military recruiters and their commanding officers of this Ordinance, which prohibits military recruiting of any person under the age of eighteen within the City of Arcata. Any military recruiter who violates this Ordinance, as well as his or her commanding officer, shall be held responsible for said violation. Both shall be deemed guilty of an infraction and shall be subject to the penalties stated in the Arcata Municipal Code. (A.M.C. I-3-1200) A citizen complaint of any unsolicited military recruiting activity involving people under the age of eighteen shall initiate investigation and possible citation by the Arcata Police Department for violation of this Ordinance. If recruiters violate this Ordinance five or more times within one month, military recruiting of persons under the age of eighteen shall be deemed a public nuisance and shall be summarily abated.
(A.M.C. I-3-1201)

Severability

The provisions of this Ordinance are severable. If any section or provision of this Ordinance is determined to be illegal, invalid or unconstitutional by a court of competent jurisdiction, such decision of the court shall not affect or invalidate any of the remaining sections or provisions of this Ordinance. It is the express intent of the people of Arcata, California that this Ordinance would have been adopted if such illegal, invalid, or unconstitutional section or provision had not been included.

Effective Date

This Ordinance shall take effect thirty (30) days after adoption by the voters.

Interpretation

In the event this Ordinance requires interpretation (by courts, county officials, or anyone else), it is the express intent of the people of Arcata that this Ordinance be construed in such a manner to carry out the original intent of this Initiative, which is to prohibit military recruitment of any person under the age of eighteen within the City of Arcata.