AN ORDINANCE REPEALING SECTION 147-2
OF THE MUNICIPAL CODE ENTITLED
“DETERMINATION OF GUILT”
Whereas by letter dated November 6, 2023, the Corporation Counsel has requested legislation authorizing the repeal of § 147-2 from the Mount Vernon, N.Y. Code; and
Whereas Section 147-2 of the City of Mount Vernon Municipal Code, titled “Determination of Guilt,” addresses harassment of a police officer; and
Whereas the City Council acknowledges that § 147-2 was declared unconstitutional in the case of People v. Autieri in 1982; and
Whereas it is in the best interest of the City of Mount Veron to officially repeal § 147-2 and render it unenforceable; Now, Therefore, Be It Resolved That
The City of Mount Vernon, in City Council convened, does hereby ordain and enact:
Section 1: Repeal of Section 147-2. Section 147-2 of the City of Mount Vernon Municipal Code, entitled “Determination of Guilt,” is hereby repealed in its entirety.
Section 2: Acknowledgement of Unconstitutionality. The City Council hereby acknowledges that § 147-2 was declared unconstitutional in the case of People v. Autieri in 1982, and it shall be rendered unenforceable.
Section 3: Effective Date. This ordinance shall take effect immediately upon its passage and approval.