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HomeMy WebLinkAbout4891 - 11/13/2007 Document Number: 2008018107 1• I Date: Mar 17,2008 4:30:00 pm CITY OF WATERLOO Aud Fee: 0.00 Rec Fee: 45.00 P Trans Tax: 0.00 Rec Management Fee: 1.00 E-Com Fee: 1.00 Non-Standard Page Fee: 0.00 Filed for record in Black Hawk County,Iowa Z Judith A.McCarthy,County Recorder This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4891 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 5 OF CHAPTER 10, HUMAN RIGHTS COMMISSION, OF TITLE 2, BOARDS AND COMMISSIONS, AND AMENDING SECTION 13 OF CHAPTER 7, CABLE TV FRANCHISE REGULATIONS, OF TITLE 3, BUSINESS AND LICENSE REGULATIONS, AND AMENDING SECTIONS 1 THROUGH 9 OF CHAPTER 3, HUMAN RIGHTS, OF TITLE 5, POLICE REGULATIONS, AND AMENDING SECTIONS 2 THROUGH 4 AND 6 OF ARTICLE A, FAIR HOUSING, OF CHAPTER 3, HUMAN RIGHTS, OF TITLE 5, POLICE REGULATIONS . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 5 of Chapter 10, Human Rights Commission, of Title 2, Boards and Commissions, and Section 13 of Chapter 7, Cable TV Franchise Regulations, of Title 3, Business and License Regulations, and Sections 1 through 9 of Chapter 3, Human Rights, of Title 5, Police Regulations, and Sections 2 through 4 and 6 of Article A, Fair Housing, of Chapter 3, Human Rights, of Title 5, Police Regulations, in the 2007 Code of Ordinances of the City of Waterloo, Iowa, are hereby amended to read as follows : 2-10-5 : POWERS AND DUTIES: The commission shall have the following powers and duties : I . To issue such publications and reports of investigations and research as in the judgment of the commission shall tend to promote goodwill among the various racial, religious, ethnic and other groups within the city and which shall tend to minimize or eliminate discrimination in public accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, housing or credit because of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability or age . • L. To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are consistent with those of this chapter and in the planning and conducting of programs designed to eliminate discrimination based on race, color, religion, creed, national origin, sex, sexual orientation, gender identity, disability or age . [All other provisions of Section 2-10-5 remain unmodified. ] t or Ordinance No. 4891 Page 2 3-7-13 : RIGHTS OF INDIVIDUALS PROTECTED: A. Discriminatory Practices Prohibited: Grantee shall not deny service, deny access or otherwise discriminate against subscribers, programmers or general citizens on the basis of race, color, religion, national origin, gender, sexual orientation, gender identity or age . Grantee shall comply at all times with all other applicable federal, state and city laws relating to nondiscrimination. [All other provisions of Section 3-7-13 remain unmodified. ] 5-3-1 : CONSTRUCTION AND PURPOSE: This chapter shall be construed broadly to effectuate its purpose, and the purpose of the city in enacting this chapter is t,D: A. Secure for all individuals within the city freedom from discrimination because of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, age or mental or physical disability in connection with employment, public accommodations, housing, credit and education; and thereby to protect the personal dignity of these individuals, to ensure their full productive capacities, to preserve the public safety, health and general welfare, and to promote the interests, rights and privileges of individual citizens within the city. [All other provisions of Section 5-3-1 remain unmodified. ] 5-3-2 : DEFINITIONS: GENDER IDENTITY: A gender-related identity of a person, regardless of the person' s assigned sex at birth. SEXUAL ORIENTATION: Actual or perceived heterosexuality, homosexuality, or bisexuality. [All other defined terms in Section 5-3-2 remain unmodified. ] 5-3-3 : UNFAIR EMPLOYMENT PRACTICES: A. It shall be an unfair or discriminatory practice for any: 1 . Person to refuse to hire, accept, register, classify or refer for employment, to discharge any employee or to otherwise discriminate in employment against any applicant for employment or any employee because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability of such applicant or employee, unless based upon the nature of the occupation. If a disabled person is qualified to Ordinance No. 4891 Page 3 perform a particular occupation, by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminating practices prohibited by this subsection. 2 . Labor organization or the employees, agents or members thereof to refuse to admit to membership any applicant, to expel any member or to otherwise discriminate against any applicant for membership or any member in the privileges, rights or benefits of such membership because of the age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability of such applicant or member. 3 . Employer, employment agency, labor organization or the employees, agents or members thereof, to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability are unwelcome, objectionable, not acceptable or not solicited for employment or membership unless based on the nature of the occupation. If a disabled person is qualified to perform a particular occupation by reason of training or experience, the nature of that occupation shall not be the basis for exception to the unfair or discriminating practices prohibited by this subsection. An employer, employment agency or their employees, servants or agents may offer employment or advertise for employment to only the disabled, when other applicants have available to them, other employment compatible with their ability which would not be available to the disabled because of their handicap. Any such employment or offer of employment shall not discriminate among the disabled on the basis of race, color, creed, sex, sexual orientation, gender identity or national origin. F. This section shall not apply to: 4 . Any bona fide religious institution or its educational facility, association, corporation or society with respect to any qualifications for employment based on religion, sexual orientation or gender identity when such qualifications are related to a bona fide religious purpose . A religious qualification for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or religious institution, Ordinance No. 4891 Page 4 shall be presumed to be a bona fide occupational qualification. [All other provisions of Section 5-3-3 remain unmodified. ] 5-3-4 : UNFAIR ACCOMMODATION OR SERVICE PRACTICES : A. It shall be an unfair or discriminatory practice for any owner, lessee, sublessee, proprietor, manager or superintendent of any public accommodation or any agent or employee thereof: 1 . To refuse or deny to any person because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability the accommodations, advantages, facilities, services or privileges thereof, or otherwise to discriminate against any person because of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability in the furnishing of such accommodations, advantages, facilities, services, or privileges . 2 . To directly or indirectly advertise or in any other manner indicate or publicize that the patronage of persons of any particular age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability is unwelcome, objectionable, not acceptable or not solicited. B. This section shall not apply to: 1 . Any bona fide religious institution with respect to any qualifications the institution may impose based on religion, sexual orientation or gender identity when such qualifications are related to a bona fide religious purpose . [All other provisions of Section 5-3-4 remain unmodified. ] 5-3-5 : UNFAIR CREDIT PRACTICES: A. It shall be an unfair or discriminatory practice for any: 1 . Creditor to refuse to enter into a consumer credit transaction or impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical disability or familial status . 2 . Person authorized or licensed to do business in the state pursuant to Iowa Code chapters 524, 533, 534 , Ordinance No. 4891 Page 5 536 or 536A to refuse to loan or extend credit or to impose terms or conditions more onerous than those regularly extended to persons of similar economic backgrounds because of age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical disability or familial status . 3 . Credit or refuse to offer credit, life or health and accident insurance because of color, creed, national origin, race, religion, marital status, age, physical disability, sex, sexual orientation, gender identity or familial status . Refusal by a creditor to offer credit, life or health and accident insurance based upon the age or physical disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting considerations not prohibited by Iowa Code chapters 505 to 523H. B. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this chapter. 5-3-6: UNFAIR OR DISCRIMINATORY EDUCATIONAL INSTITUTION PRACTICES : It shall be an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in any program or activity. Such discriminatory practices shall include but not be limited to the following practices : A. Exclusion of a person or persons from participation in, denial of the benefits of, or subjection to discrimination in any academic, extracurricular, research, occupational training, or other program or activity except athletic programs . B. Denial of comparable opportunity in intramural and interscholastic athletic programs . C. Discrimination among persons in employment and the conditions of employment . D. On the basis of sex, the application of any rule concerning the actual or potential parental, family or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions dependent upon the physician ' s diagnosis and certification. For the purpose of this section "educational institution" includes any public preschool, elementary, secondary or merged area school or area education agency and their governing boards . Nothing in this section shall be construed to prohibit any Ordinance No. 4891 Page 6 educational institution from maintaining separate toilet facilities, locker rooms or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this section shall be construed as prohibiting any bona fide religious institution from imposing qualifications based on religion, sexual orientation or gender identity when such qualifications are related to a bona fide religious purpose or any institution form admitting students of only one sex. 5-3-8 : AIDING OR ABETTING: It shall be an unfair or discriminatory practice for: A. Any person to intentionally aid, abet, compel or coerce another person to engage in any of the practices declared unfair or discriminatory by this chapter. B. Any person to discriminate against another person in any of the rights protected against discrimination on the basis of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion or disability by this chapter because such person has lawfully opposed any practice forbidden under this chapter, obeys the provisions of this chapter or has filed a complaint, testified or assisted in any proceeding under this chapter. An employer, employment agency or their employees, servants or agents may offer employment or advertise for employment to only the disabled so long as other applicants have available to them other employment compatible with their ability which would not be available to the disabled because of their handicap. Any such employment or offer of employment shall not discriminate among the disabled on the basis of race, color, creed, sex, sexual orientation, gender identity or national origin. 5-3-9 : RETALIATION: A. It shall be an unfair or discriminatory practice for any person to discharge, harass, penalize or otherwise retaliate against an individual because of that individual ' s attempt to secure compliance with this chapter or the remedies provided hereunder. B. It shall be an unfair or discriminatory practice for any person to discharge, harass, penalize or otherwise retaliate with respect to employment, housing, public accommodations or financial practices against any individual because of that individual ' s association with persons of a particular race, religion, creed, color, national origin, sex, sexual orientation, gender identity, disability or age. 5-3A-2 : PROHIBITIONS : It shall be an unfair or discriminatory housing practice for any person, owner, or person acting for an owner, of rights to Ordinance No. 4891 Page 7 housing or real property, with or without compensation, including, but not limited to, persons licensed as real estate brokers or salespersons, attorneys, auctioneers, agents or representatives by power of attorney or appointment, or any person acting under court order, deed of trust, or will: A. To refuse to sell, rent, lease, assign, sublease, refuse to negotiate, or to otherwise make unavailable, or deny any real property or dwelling or part, portion or interest therein, to any person because of the race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status of such person. B. To discriminate against any person because of the person' s race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status, in the terms, conditions or privileges of the sale, rental, lease, assignment or sublease of any real property or dwelling or any part, portion or interest in the real property or dwelling, or in the provision of services or facilities in connection with the real property or dwelling. C. To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any real property or dwelling or any part, portion or interest therein, by persons of any particular race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status is unwelcome, objectionable, not acceptable, or not solicited. D. To discriminate against the lessee or purchaser of any real property or dwelling or part, portion or interest of the real property or dwelling, or against any prospective lessee or purchaser of the property or dwelling, because of the race, color, creed, religion, sex, sexual orientation, gender identity, disability, age or national origin of persons who may from time to time be present in or on the lessee ' s or owner' s premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity. E. To induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status . F. To represent to any person of a particular race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status that a dwelling is not available for inspection, Ordinance No. 4891 Page 8 sale, or rental when the dwelling is available for inspection, sale, or rental . [All other provisions of Section 5-3A-2 remain unmodified. ] 5-3A-3 : DISCRIMINATION IN RESIDENTIAL REAL ESTATE RELATED TRANSACTIONS : A person whose business includes engaging in residential real estate related transactions shall not discriminate against a person in making a residential real estate related transaction available, or in terms or conditions of a residential real estate related transaction, because of race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status . [All other provisions of Section 5-3A-3 remain unmodified. ] 5-3A-4 : DISCRIMINATION IN PROVISION OF BROKERAGE SERVICES: A person shall not deny another person access to, or membership or participation in, a multiple-listing service, real estate brokers ' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in terms or conditions of access, membership, or participation in such organization because of race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status . 5-3A-6: EXCEPTIONS : The provisions in this article shall not apply to: A. Religious Institutions : Any bona fide religious institution with respect to any qualifications it may impose based on religion, sexual orientation, or gender identity, when the qualifications are related to a bona fide religious purpose unless the religious institution owns or operates property for a commercial purpose or membership in the religion is restricted on account of race, color, sex, sexual orientation, gender identity, familial status, disability, or national origin. H. Appraisal Exception: Nothing in this section prohibits a person engaged in the business of furnishing appraisals of real estate from taking into consideration factors other than race, color, creed, sex, sexual orientation, gender identity, religion, national origin, disability, or familial status in the appraisal of real estate. [All other provisions of Section 5-3A-6 remain unmodified. ] i Ordinance No. 4891 Page 9 INTRODUCED: November 13, 2007 PASSED 1st CONSIDERATION: November 13, 2007 PASSED 2nd CONSIDERATION: November 13, 2007 PASSED 3rd CONSIDERATION: November 13, 2007 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 13th day of November, 2007, and approved by the Mayor on the 15th day of November, 2007 . Tim Hurley, Mayor or ATTEST: Nancy Eck:g , CMC City Cler CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4891 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 13th day of November, 2007 . Witness my hand and seal of office this 15th day of November, 2007 . c ra4?- 2.10- Nancy Ecke , CMC City Clerk 14© ' a