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LORENZO CODE OF ORDINANCES
 

Article 4.100: Carnivals
Article 4.200: Dances and Dance Halls
Article 4.300: Pool Halls
Article 4.400: Peddlers
Article 4.500: Fair Housing

 

ARTICLE 4.100 CARNIVALS

Sec.4.10.1 License Required

It shall be unlawful for any person to show or exhibit any carnival within the city limits of Lorenzo, Texas, without first obtaining a license to do so from the city council. Any person showing or exhibiting, or in any manner connected with or taking part in the showing or exhibiting of a carnival within the city limits without first applying for and obtaining such a license shall be deemed guilty of a misdemeanor.

Sec.4.102 Application for License

(a) Filing of Application. Any person desiring to conduct or show a carnival within the city limits shall make application for a license to the city council and file the same with the city administrator not less than two (2) weeks prior to the time when it desired to show or exhibit such carnival. Such application shall give the name and permanent address of the owner of the carnival, and, if the carnival is owned by company or corporation, the application shall show such fact, and shall show the name of the manager or other officer in charge of the carnival. In the event, the application shall show the person in active charge and control of showing and exhibiting the carnival. The application shall further give a list of all shows, rides, booths, and other businesses and attractions operated in connection with the carnival, listing each by name with a description of each show or attraction. Such applicant shall also submit with the application, in the form of affidavits and statements, evidence as to the solvency and responsibility of the owner of the carnival and as to the kind and character of shows and attractions exhibited by the carnival. In making such application, the person making same shall also state at the end of the application an agreement to conduct the carnival and each and all of the shows, attractions, and exhibits therein in a decent, orderly and law-abiding manner.

(b) Approval of Application. After an application is filed under this article, the city administrator shall refer the same to the city council for action, and if the city council is convinced from the evidence submitted that the owner of the carnival is solvent and that he has in the past conducted and proposes to conduct, while showing in the city, the carnival in a decent, orderly, and law-abiding manner, the city council shall approve the application.

Sec.4.103 Fee for License

As a condition and requirement of the licensing of any carnival to show in the city, the applicant for such license shall pay to the city administrator a license fee as provided for in the fee schedule found in the appendix of this code.

Sec.4.104 Issuance of License

Upon approval by the city council of an application for a license under this article, and payment of the fee prescribed in Section 4.103, the city administrator shall issue a license to the applicant to show and exhibit the carnival in the city.

Sec.4.105 Term of License

A license issued under this article shall cover one appearance in the city and shall be good only for as many days as the carnival remains continuously in the city. A new license shall be required each time the carnival returns to the city.

Sec.4.106 Operation Under License

Any person obtaining a license to show and exhibit a carnival within the city limits shall have the right to show, maintain, and operate only such shows, rides, booths, and other attractions as shall be under the direct charge and supervision of the owner or operator of the carnival, and it shall not be lawful for any person to show or exhibit in connection with the carnival any show, attraction or concession of any kind or character independent of the carnival's ownership and management. The license granted to such carnival covers and permits only such shows, attractions, and concessions as are owned and operated by the person applying for the license.

Sec.4.107 Exemption

This section shall not apply to any show or exhibition supported and sponsored by local operators for charitable and benevolent purposes -not for individual or personal profit to those managing and operating the same -regardless of whether such local show or exhibition shall have some of the features of a carnival in connection with the same, nor shall it apply to ferris wheel, merry-go-round riding and similar amusement devices sponsored by local merchants, service clubs, and other organizations, and not operated in connection with any show or exhibition.

(Ordinance 3-79 adopted 3/12/79, Article I)

ARTICLE 4.200 DANCES AND DANCE HALLS

Sec. 4.201 Definition of Terms

Public Dance. The term, "public dance," as used in this article, shall be taken to mean any dance or ball to which admission can be had by payment of a fee, or by the purchase, possession, or presentation of a ticket or token, or at which a charge is made for caring for ~ clothing or other property, or any other dance to which the public may generally gain admission with or without the payment of a fee.

Public Dance Hall. The term, "public dance hall," as used herein, shall be taken to mean any room, space, or place in which a public dance or public ball is held, or any room, place, or space where dancing is permitted.

Sec. 4.202 Enforcement of Ordinance

The chief of police, or other persons under his direction, shall have the authority to enforce the provisions of this article and all rules, regulations, and ordinances relating to public dances and public dance halls. In making determination as to proper cleanliness and sanitary condition, fire safety requirements, building regulations, use and requirements, etc., the chief of police, or other persons under his direction, shall work with and seek the aid of the proper city departments administering such regulations for the city.

Sec. 4.203 Cumulative Remedies

Any remedy prescribed by this article for the enforcement of the same shall be merely cumulative and shall not preclude resort to any other remedy provided by law.

Sec. 4.204 Maintenance of Premises

All public dance halls shall be kept in a clean, healthful, and sanitary condition at all times, and all rooms connected therewith shall be kept open, and the entire place shall be well-lighted.

Sec. 4.205 Persons And Conduct Restricted

It shall he unlawful for any person in charge of any public dance hall to permit any boisterous or disorderly person to enter, be, or remain in or to assist in any such public dance hall or public dance and it shall be unlawful for any person to conduct himself in a boisterous or disorderly manner in any public dance hall or at any public dance. No intoxicated, gross-mannered, or vulgar person, or person of indecent character shall be permitted in any dance hall; and no person shall be permitted to conduct himself in a gross or vulgar manner. No indecent, freak, or immodest dances shall be allowed.

Sec. 4.206 Authority to Vacate Premises

The chief of police, or other persons under his direction, shall have the power and it shall be their duty to cause any place, hall, or room where any public dance is given or held, to be vacated whenever any portion of this article is being violated, or whenever any indecent act is committed, or when any disorder of a gross, violent, or vulgar nature shall take place therein.

Sec. 4.207 Closing Hours

It shall be unlawful for any dance hall to remain open to the public between the hours of one (1) A.M. and five (5) A.M.

(Ordinance 3- 79 adopted 3/12/79, Article III)

ARTICLE 4.300 POOL HALLS

Sec. 4.301 Definition of Terms

For the purposes of this article, the following words and phrases shall have the same meaning respectively ascribed to them:

Billiard Table. "Billiard table" shall mean any table surrounded by a ledge or cushion with or without pockets upon which balls are impelled by a stick or cue.

Licensee. "Licensee" shall mean any person holding a pool hall license issued under the provisions of this article.

Pool Hall. "Pool Hall" shall mean any place which is required by state law to pay occupation tax to the state for owning and operating one or more billiard tables.

Sec. 4.302 License

(a) License Required. It shall be unlawful for any person to operate a pool hall within the city without first obtaining a license therefore from the city administrator.

(b) Application for License. Each person desiring to operate a pool hall in the city shall make an application in writing on a form provided by the city requesting a license for such pool hall. Each application for a license shall be verified under oath and filed in triplicate with the city tax assessor and collector. Each application for a license to operate a pool hall shall contain the following information:

(1) Name, age, sex, race, marital status, address, and telephone number of applicant;

(2) Location of proposed pool hall;

(3) Number of persons to be employed by applicant, if any, and nature of such employment;

(4) Statement as to whether applicant has ever been charged with, or convicted of, V a felony involving moral turpitude, any violation of the liquor laws, or any offense involving lewd or indecent conduct or narcotics, or any other misdemeanor (other than traffic violations) and full information concerning any convictions.

(5) Statement that no person will be allowed to work or perform duties at such establishment whom has been convicted of a crime involving moral turpitude or any offense involving immoral acts, lewd or indecent conduct, or narcotics.

(6) Statement that any violation of state law, this article, or any other city ordinance which may occur at such establishment will be promptly reported to the police department.

(c) Making False Statements. It shall be unlawful for any applicant for a license under the provisions of this article to make any false statements while making application therefor.

(d) Fee for License. The fee to be charged and collected for any license issued under the provisions of this article shall be one-half (I/2) the fee charged by the state law.

(e) Denial of License. No license to operate a pool hall shall be issued under the provisions of this article if the applicant:

(1) Is not a person of good moral character as shown by the application of the applicant or by police investigation

(2) Has had a license revoked during the past two (2) years;

(3) Has had a license denied during the past twelve (12) months:

(4) Has been convicted of a felony involving moral turpitude or any offense involving immoral acts, lewd or indecent conduct or narcotics;

(5) Has not maintained the premises to be used in accordance with sanitary provisions of this article, state law, and other city ordinances, rules or regulations.

(f) Revocation or Suspension. Any license issued under the provisions of this article may be revoked or suspended upon the violation by a licensee or any of his employees of any applicable provision of this article, state law, or other city ordinances, rules, or regulations.

(g) Complaints.

(1) Any person may initiate proceedings for revocation or suspension of any license issued under the provisions of the ordinance by filing a sworn complaint with the chief of police alleging the commission of any act in violation of any applicable provision of this article, state law, or other city ordinances, rules, or regulations.

(2) Upon the filing of any complaint alleging the violation of any applicable provision of this article, state law, or other city ordinances, rules, or regulations by any person holding a license under the provisions of this article, the chief of police shall give ten (10) days written notice to such licensee that a hearing will be held to determine whether or not such licensee's license shall be suspended or revoked. The date, time, and place of the hearing shall be set forth in the notice.

(3) After hearing the evidence and testimony, the chief of police shall determine whether or not the licensee has committed the violation alleged in the complaint. If he finds for the licensee, the complaint shall be dismissed. If he finds that the license is guilty of the violation, he shall either suspend or revoke the license for a period not to exceed twelve (12) months.

(h) Appeal of Revocation or Suspension.

(1) In the event of the revocation or suspension of any license issued under the provisions of this article, the licensee shall have the right to appeal such revocation or suspension to the city council within ten (10) days from the date of the hearing. Written notice of appeal shall be filed with the city administrator.

(2) A hearing on such appeals shall be held by the city council not less than five (5) days nor more than ten (10) days after notice of the date of such hearing has been given to the licensee and to the chief of police. The council shall either sustain the order of the chief of police or reinstate the license.

(i) Display of License. All licenses issued under the provisions of this article shall be promptly displayed by the licensee at the subject pool hall.

(j) Inspection. Any pool hall within the city shall be subject to inspection by members of the health department and police department at any time.

(Ordinance 3-79 adopted 3/12/79, Article IV)

ARTICLE 4.400 PEDDLERS

Sec.4.401 Title

This article may be cited as "Peddler Ordinance".

Sec.4.402 License Required

Before any person, whether residing within or without the city limits, engages in the activity of a peddler, itinerant merchant, or transient vendor within the City of Lorenzo, such person shall first obtain from the city manager or his designated representative a license to engage in such activity. Any such license granted to any person is issued with the express provision that the licensee shall not make any false or fraudulent representation as to the goods to be sold or his authority to sell such goods. A separate license and application shall be required for each person who engages in the activities described in Section 4.403, including each employee, agent or consignee who engages in such activity.

Sec. 4.403 Definitions

For the purpose of this article the following definitions shall apply:

Transient Vendor. Defined to mean and include a person, or the agent, cosignee or employee of a person, who within the City engages In the temporary business of exhibiting, delivering, selling or offering for sale any goods or exhibiting brochures, sales literature, or price lists for the purpose of taking orders for the sale of goods.

Itinerant Merchant. Shall mean a person or the agent, cosignee, or employee of a person, engaged in the temporary business of moving stocks of goods or samples of goods into the city for the purpose of selling or offering for sale or taking orders for the sale of such goods with the intention of removing such samples or the unsold portion of such goods away from the city before the expiration of 30 days from the date such goods were first moved into the city.

Peddler. Defined to mean and include a person, or the agent, consignee, or employee of a person, who carries goods upon a truck or other vehicle on the streets of the city for the purpose of exhibiting, selling, or offering for sale such goods from such truck or other vehicle or who within the city goes from door to door of residences, offices or places of business to display, sell, offer for sale, or take orders for the sale of goods or to exhibit brochures, sales literature or price lists for the purpose of taking orders for the sale of goods.

Commercial Traveler. Defined to mean a person who is employed by or who represents a U manufacturer, wholesaler, or importer who sells or exhibits goods to parties who engage in the business of purchasing such goods for the purpose of resale to the general public.

Goods. Defined to mean and include tangible chattels of every kind and character.

Person. Defined to mean an individual natural person, whether residing within or without the city limits of the City of Lorenzo, and does not include any corporation, firm, association, partnership or joint venture.

Temporary Business. Shall mean any business activity which has not been conducted for a period of not less than 30 consecutive days within the City of Lorenzo.

Sec. 4.404 Exemptions

This article shall not apply to any of the following:

(1) Commercial travelers;

(2) Sales, or exhibits at fairs, rodeos, conventions, or events sponsored by one or more city civic organizations, school, church, or the City of Lorenzo.

(3) Charitable solicitation;

(4) Newspaper delivery persons;

(5) Persons offering food or beverage samples in food stores;

(6) Garage sales conducted by owners of private residences. (Ordinance 0-09-84 of 10/17/84)

(7) Persons engaged in interstate commerce. (Ordinance adopting Code)

Sec. 4.405 License Applications

(a) Application for a license required hereunder shall be made by the persons requesting such license upon forms available in the office of the city manager or his designated representative. Such application form shall provide a space for the following information which must be furnished by the applicant.

(1) The name, address, and occupation of the applicant.

(2) The social security number and birth date of the applicant.

(3) A valid state driver's license or other positive identification issued to the applicant by a governmental agency.

(4) A description of the goods to be sold, including brand name if any.

(5) The address of the location from which such goods shall be displayed to the public or offered for sale or a statement that such requirement is inapplicable because applicant is a peddler who proposes either to carry goods upon a truck or other vehicle or to go from door to door of residences, offices or places of business to conduct his business activities.

(6) The name, address and phone number of the owner of the property at such location or a statement that such requirement is inapplicable.

(7) Such other information as may be required to complete an investigation as to the fitness of the applicant to conduct such business operation.

(b) Each person making application for a license required hereunder shall swear or affirm that the information given on the application form is true and accurate-

(c) If applicant proposes to display goods to the public or to offer such goods for sale from a designated location, such applicant's application form hereunder shall be accompanied by a written permit signed by the owner or the duly authorized agent of the owner of the property at the location from which the applicant proposes to display or to offer for sale any goods. Such permit shall state that said owner consents that the applicant may use and occupy such property for the purpose of selling or offering for sale such goods.

(d) If state statute requires that sales tax must be paid upon the purchase of such goods as the applicant proposes to offer for sale, the application for license shall be accompanied by a valid sales tax permit issued by the office of the Comptroller of Public Accounts of the State of Texas.

(e) Each application for a license required hereunder shall be approved by the chief of police or his authorized representative before such license is granted. The chief of police shall have a reasonable time to conduct an investigation shall not be longer than three (3) business days. After inspection or disapproval, the application for license, if disapproved, shall give the applicant, upon request, a written statement setting forth the reasons for such disapproval and notifying said applicant for his right to appeal.

(f) Upon approval of the license and prior to the issuance, each applicant shall be required to have his photograph and fingerprints taken at the city police department by a designated city representative.

Sec. 4.406 Issuance of Registration Cards

No registration card shall be issued until the applicant therefor has complied with all the provisions and requirements of this article. Such card, when issued, shall be signed by the city secretary and the chief of police, shall be dated as of the date of its issuance, and shall be valid for the length of time indicated on the face of the same. The registration card issued shall be of wallet size and contain the name of licensee, license number, date of expiration of registration card, with the city seal stamped on the face thereof. Any card not dated and signed as herein required, or which is issued in violation of this section, shall be void.

Sec. 4.407 Denial or Revocation

The chief of police, the city manager or their designated representative may deny a license required under this article for any of the reasons in subsection (1) set forth below. The city manager or his designated representative may revoke a license issued under this article for any of the reasons in subsection (1) set forth below.

(1) The following reasons shall be grounds for denial or revocation of a license required by this article:

(A) The applicant does not present a valid state driver's license or other positive identification by a governmental agency;

(B) The applicant does not complete the application form and procedure;

(C) The applicant or the proposed activity of the applicant does not comply "'c V with applicable city ordinances and codes. C

(D) The applicant makes false or fraudulent statements on the application form.

(E) The applicant or licensee is found after investigation by the chief of police to be misrepresenting or making false statements in regard to his authority to sell such goods;

(F) The applicant or licensee has been convicted of an offense involving narcotics, dangerous drugs or crimes with dangerous drugs or crimes with dangerous weapons at any time within the preceding five year period;

(G) The applicant or licensee has been convicted of an offense involving the use of force and violence upon the person of another when the offense is designated as a felony in the State of Texas, at any time within the preceding five year period;

(H) The applicant or licensee has been convicted of an offense of fraud, ~ misrepresentation, embezzlement, forgery, or theft when such offense is designated as a felony in the State of Texas, at any time within the preceding five year period;

(I) The applicant or licensee has been convicted in a court of proper jurisdiction of violating this article at any time within the preceding five-year period;

(J) Upon recommendation from the chief of police that the license be revoked because the conduct of the licensee or the manner in which the licensee is conducting his business operation endangers the health of a citizen of the City of Lorenzo.

(2) The license holder or applicant may appeal such denial or revocation of license to the city council in writing delivered to the city secretary within ten (10) days from the date of denial, and said appeal will be heard at the next regularly scheduled city council meeting held after the expiration of five (5) days from receipt of said appeal.

Sec. 4.408 Contents of License, Triplicate Record

A license issued under the provisions of Section 4.402 of this article shall state the' name and residence of the person to whom it is issued and the location from which such person is licensed to conduct the business operation authorized by such license or the fact that the licensee is a peddler who is authorized to carry goods upon a truck or other vehicle on the streets of the city for the purpose of exhibiting, selling or offering for sale such goods from such truck or other vehicles or to go from door to door of residences, offices, or places of business to display, sell, offer for sale or take orders for the sale of goods or to exhibit brochures, sales literature, or price lists of goods. Each such license shall be officially signed by the city manager or by his designated representative with an appropriate seal of office affixed. The city manager or his designated representative shall keep a record of each such license issued and a record of each such license shall be filed with the city secretary.

(Ordinance 0-09-84 of 10/17/84)

Sec. 4.409 Duration of License; Fees; Assignment

Any person who is required to obtain a license by the provisions of Section 4.402 of this article may apply for a thirty (30) day license. When a thirty (30) day license is issued to any such person, such licensee shall pay to the city manager or to his designated representative a license fee as provided for in the fee schedule found in the appendix of this code, plus an additional fee for each agent to be working in the area, which sums " shall be used to defray part of the expense of administration and enforcement of this U: article. No license issued under the provisions of this article shall be issued for a longer period than thirty (30) days. Such license shall not be assignable and shall not authorize more than one person to engage in the activity of peddler, itinerant merchant, or transient vendor within the city.

(Ordinance 0-09-84 of 10/17/84; Ordinance adopting Code)

Sec.4.410 Exhibited on Demand; Furnishing Identification

Each licensee shall wear the registration card required under the provisions of Section 4.402 of this article attached to the outer clothing of such licensee so that they are visible any person to whom such licensee attempts to sell goods. Any licensee must exhibit a license and the registration card Issued under the provisions of Section 4.402 of this article, upon demand, to the city manager or his designated representative, to any police officer of the city of to any person to whom a sales or solicitation is attempted to be made. In addition to the exhibiting of the license and the registration card, any licensee must also exhibit upon demand, identification of and authorization from the company represented by such licensee.

Sec.4.411 Warranty Information

Any person required to obtain a license under the provisions of Section 4.402 of this article shall furnish the following information to each customer:

(1) In the case of food or beverage sales, a written statement, the name and address of the manufacturer and distributor of said product, together with a statement of what, if any, warranties are applicable to the product.

Sec. 4.412 Enforcement

The police department of the City of Lorenzo shall enforce this article. Sec.4.413 New Business Activity
In all cases where a person seeks to establish anew business activity, which activity is required to be licensed by the terms of this article, and intends to engage in such activity for more that 30 consecutive days within the city, such person shall file with the city manager or his designated representative, an application for exemption from the provisions of this article.

Sec.4.414 Application for Exemption

The application for exemption provided for in Section 4.408 of this article shall be made by the person requesting such exemption upon forms available in the office of the city manager. Such application form shall provide the following information which must be furnished by each applicant:


(1) The name, address and proposed occupation of applicant;

(2) The social security number and birth date of the applicant;

(3) A valid state driver's license or other positive identification issued to the applicant by a governmental agency;

(4) A brief description of the type of business activity the applicant intends to engage in;

(5) Any other relevant information which tends to show that applicant will be engaged in such business activity for a period in excess of 30 consecutive days within the city. By way of illustration only and not by way of exclusion, the following matters may be submitted for consideration by the city manager in determining whether the exemption should be granted:

(A) Whether application has been made to have applicant's permanent phone number listed in the Lorenzo Telephone Directory.

(B) Whether applicant has policies of liability insurance which cover applicant's activities within the City of Lorenzo for a period of time in excess of30 consecutive days from the date of this application.

(C) Whether the applicant has placed advertising with any of the following media:

(i) Radio

(ii) TV

(iii) Newspaper

(iv) Other media

which advertising evidences an intent that the applicant will engage in business activity covered by this article for a period in excess of 30 consecutive days from the date of their application.

(D) Whether the applicant has policies of property insurance which policies insure the goods or wares offered to the public by applicant within the City of Lorenzo for a period of time in excess of 30 consecutive days from the date of this application.

(6) Each person making application for exemption from the provisions of this article shall swear of affirm that the information given on the application for exemption is true and correct.

Sec.4.415 Approval or Denial of Application; Appeal

(a) The city manager shall review each application for exemption from this article filed in his office and shall within 15 days of such filing either approve the application or deny same.

(b) In each case where the city manager has approved the application, he shall mark approved upon the face of the application, date and sign said approval and keep the original of such application in his office returning an approved copy to the applicant-

(c) In each case where the city manager disapproves the applications, he shall mark disapproved upon the face of the application, date and sign said disapproval and keep the original of such application in his office returning a disapproved copy to the applicant.

(d) In each case where an application has been disapproved by the city manager, the applicant may appeal to the city council in writing delivered to the city secretary within ten (10) days from the date of denial, and said appeal will be heard at the next regularly scheduled city council meeting held after the expiration of five (5) days from receipt of said appeal.

(e) In each case where the city council upholds the decision of the city manager in disapproving an application, the applicant shall within three days of the date of such decision apply for a license as required by this article or be subject to the penalty hereinafter set forth.

Sec.4.416 Violation; Penalty

(a) It shall be unlawful for any person, required by Section 4.402 of this code to secure a license, to engage in the activities set forth in such Section 4.402 without a license.

(b) It shall be unlawful for the holder of any license issued under this chapter to enter upon the land or premises of another after receiving, immediately before such entry, notice from the owner, resident, occupant or adult person acting for such person exercising possession that such entry is forbidden; further, it shall be unlawful for any such license holder to remain on the premises of another after receiving notice from the owner, resident, occupant or adult person acting for such person exercising possession, to depart such premises.

(c) A violation shall constitute misdemeanor and upon conviction thereof, punishable by a fine as provided for in the general penalty provision found in Section 1.106 of this code.

(d) A conviction for the violation of Subsection (b) above shall result in the automatic revocation of such convicted person's peddlers and solicitor's license.

(Ordinance 0-09-84 adopted 10/17/84)

ARTICLE 4.500 FAIR HOUSING

(State Law reference-Authority of municipality to adopt fair housing ordinance, V.T.C.A., Local Government Code, Sec.51.002.)

Sec. 4.501 Definitions

For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words so used in the present tense include the future; words in the masculine gender include the feminine; words in the plural number include the singular, and words in the singular member include the plural.

Discriminatory Housing Practice. Means an act that is unlawful under Sections 4.503, 4.504,4.505 of this article.

Age. Means the calendar age of an individual eighteen (18) years of age or over.

Creed. Means any set of principles, rules, opinions and precepts formally expressed and seriously adhered to or maintained by a person.

Dwelling. Means any building, structure or portion therefore which is occupied as, or designed and intended for occupancy as, a residence by one or more families or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion therefore.

Family. Includes a single individual or a group of individuals living together under one common roof.

Major Life Activities. Means functions such as, but not limited to, caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

Marital Status. Means an individual's status as a single, married, divorced, widowed or separated person.

Parenthood. Means a person's status as a parent or legal guardian of a child or children under the age of eighteen (18).

Person. Includes one or more individuals, corporation, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, fiduciaries and any other organization or entity of whatever character.

Physical or Mental Disability. Means any physical or mental impairment which {~ substantially limits one or more major life activities.

Physical or Mental Impairment shall include:

(1) Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speed organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or,

(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

To rent. Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

Senior Adult. Means a person fifty-five (55) years of age or older.

Sec. 4.502 Interpretation and Effect

This article shall in no way be interpreted as creating a judicial right or remedy which is the same or substantially equivalent to the remedies provided under Title VIII of the Civil Right Act of 1968, as amended, or the Federal Equal Credit Opportunity Act (15 U.S.C. 1691). All aggrieved parties shall retain the rights granted to them by Title VIII of the Civil Rights Act of 1968, as amended, and the Federal Equal Credit Opportunity Act. In construing this article, it is the intent of the city council that the courts shall be guided by Federal Court Interpretations of Title VIII of the Civil Rights Act of 1968, as amended, and the Federal Equal Credit Opportunity Act, where appropriate.

Sec. 4.503 Discrimination in the Sale or Rental of Housing

Except as exempted by Section 4.506, it shall be unlawful for any person to:

(1) Refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age.

(2) Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age.

(3) Make, print, publish or cause to be made, printed or published any notice, statement or advertisement regarding the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, creed, sex, religion or national origin, physical or mental disability , marital status, parenthood or, or any intention to make any such preference, limitation or discrimination.

(4) Represent to any person because of race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

(5) For profit or with the hope or expectation of profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age.

(6) For profit or with the hope or expectations of profit to influence or attempt to influence, by any words, acts, or failure to act, any seller, purchaser, landlord or tenant of a dwelling so as to promote the maintenance of racially segregated housing or so as to retard, obstruct, or discourage racially integrated housing.

Sec. 4.504 Discrimination in the Financing of Housing

It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part of the making of commercial or residential real estate loans, to deny a loan or other financial assistance to a person applying therefore for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against any such person in the fixing of the amount, interest rate, brokerage points, duration, or other terms or conditions of such loan or their financial assistance, because of:

(1) The race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age of such person or of any person associated with him in connection with such loan or other financial assistance; or

(2) The race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age of the present or prospective owner, leases, tenants, or occupants of the dwelling or dwellings for which such a loan or other financial assistance is to be made or given.

Sec. 4.505 Discrimination in the Provision of Brokerage Services

It shall be unlawful for any person to deny access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings or to discriminate in the terms or conditions of such access, membership or participation on account of race, color, sex, religion or national origin.

Sec. 4.506 Exemptions and Exclusions

(a) There shall be exempted from the application of Section 4.503 hereof all transactions involving:

(1) The rental of units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner actually maintains and occupies one of such units as his residence;

(2) The rental of a single room in a dwelling containing living quarters occupied or intended to be occupied by no more than one family if the person offering such room for rental actually maintains and occupies the remainder of such dwelling as his residence and not more than four such rooms are offered.

(3) The sale or rental of any single house by a private individual who owns such house, provided that:

(A) The sale or rental is made without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman or of such facilities or services of any person in the business of selling or renting dwellings or of any employee or agent or of any such broker, agent, salesman or person; and

(B) The sale is made without the publication, posting or mailing of any advertisement or written notice in violation of this article (this shall not prohibit the use of attorneys, escrow, agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title); and

(C) The owner does not own more than three single family houses at the time of the sale; and

(D) The owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental or more than three such single family houses at anyone time.

(E) If the owner does not reside in the house at the time of sale or was to the most recent resident of such house prior to the sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period.

(b) Nothing in this article shall prohibit a religious organization, association or society or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious association, or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such person, unless membership in such religion is restricted on account of race, color, sex, national origin, mental or physical disability, marital status, parenthood or age.

(c) Nothing in this article shall prohibit a bona fide private club, not in fact open to the public, which as an incident to its primary purpose, provides lodging which it owns or operates for other than a commercial purpose from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(d) Nothing in this article shall bar any person from owning and operating a housing accommodation in which a room or rooms are leased, subleased or rented only to persons of the same sex, when such housing accommodation contains common lavatory, kitchen or similar facilities available for the use of all persons occupying such housing accommodation.

(e) Nothing in this article shall prohibit the sale, rental, lease or occupancy of any dwelling designed and operated exclusively for senior adults and their spouses, unless the sale, rental, lease or occupancy is further restricted on account of race, color, creed, religion, sex, national origin, physical or mental handicap and marital status

(f) Nothing in this article shall bar a person who owns, operates or controls rental dwellings, whether located on the same property or on one or more contiguous parcels of property, from reserving and grouping of dwellings for the rental or lease to tenants with a minor child or children, provided, however, in the event that said reserved area is completely leased or rented, the person owning, operating or controlling said rental dwelling may not refuse to rent or lease any other available dwelling to the prospective tenant on the basis of the tenant's status as parent or any other of the protected classifications set forth in this article.

Sec. 4.507 Fair Housing Administrator

The mayor shall appoint and the council shall confirm a Fair Housing Administrator (hereinafter referred to as "administrator"), who shall have the responsibility for implementing this article. The administrator may delegate his authority to investigate and conciliate complaints to other city employees under his direction.

Sec. 4.508 Complaints

(a) Only the person who claims to have been injured by a discriminatory housing practice who believes he will be irrevocably injured by a discriminatory housing practice that has occurred or is occurring (hereinafter referred to as "person aggrieved") may file a complaint with the administrator. Such complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a discriminatory housing practice and shall state the facts upon which the allegations of a discriminatory housing practice are based. The administrator shall prepare complaint forms and furnish them without charge to any person, upon request.

(b) A copy of all complaints filed with the city shall also be forwarded to the Fair Housing and Equal Opportunity Division of the Region VI Office of the Department of Housing and Urban Development.

(c) The administrator shall provide for free administrative counseling to those complainants who wish to file a private suit for relief in the local, state or federal court.

(d) If at any time the administrator shall receive or discover credible evidence and shall have probable cause to believe that any person or persons have committed or are committing a discriminatory housing practice as to which no complaint has been filed, the administrator may prepare and file a complaint upon his own motion and in his own name and such complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved.

(e) The administrator shall receive and accept notification and referral complaints from the U.S. Attorney General and the Secretary of Housing and Urban Development pursuant to the provisions of Title VIII, Fair Housing Act of 1968, Public Law 90-284, and shall treat such complaints hereunder in the same manner as complaints filed pursuant to paragraph (a) of this section.

(f) All complaints shall be filed within sixty (60) days following the occurrence of an alleged discriminatory housing practice. Upon the filing or referral of any complaint, the administrator shall provide notice of the complaint by furnishing a copy of such complaint to the persons named therein who allegedly committed or were threatening to commit an alleged discriminatory housing practice. The accused may file an answer to the complaint within fifteen (15) days of receipt of the written complaint.

(g) All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths.

Sec. 4.509 Investigation

(a) Upon the filing or referral of a complaint as herein provided, the administrator shall cause to be made a prompt and full Investigation of the matter stated in the complaint.

(b) If the administrator determines that there is not probable cause to believe that a V particular alleged discriminatory housing practice has been committed, the administrator shall take no further action with respect to that alleged offense.

(c) During or after the investigation, but subsequent to the mailing of the notice of complaints, the administrator shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and adequate assurance of future voluntary compliance with the provisions of this article. Nothing said or done in the course of such informal endeavors may be made public by the administrator, by the complainant or by any other party to the proceedings without the written consent of all persons concerned.

(d) Upon completion of the investigation and informal endeavors at the conciliation by the administrator, but within thirty (30) days of the filing of the complaint with the administrator, if the efforts of the administrator to secure voluntary compliance have been unsuccessful, and if the administrator has made a determination that a discriminatory housing practice has in fact occurred, the administrator shall recommend to the city attorney that such violations be prosecuted in the municipal court. With such recommendations, the administrator shall refer his entire file to the city attorney. The city attorney shall, within thirty (30) days after such referral, make a determination as to whether to proceed with prosecution of such complaint in municipal court. If the city attorney determines to prosecute, he shall institute a complaint and prosecute same to conclusion within thirty (30) days after such determination or as soon thereafter as practicable.

Sec.4.510 Cumulative Legal Effect

This article is cumulative in its legal effect and is not in lieu of any and all other legal remedies which the person aggrieved may pursue.

Sec.4.511 Unlawful Intimidation

It shall be unlawful for any person to harass, threaten, harm, damage or otherwise penalize any individual, group or business because he or they have complied with the provisions of this article, because he or they have exercised his or their rights under this article, because he or they have exercised his or their rights under this article, or enjoyed the benefits of this article, or because he or they have made a charge, testified or assisted in any investigation, or in any proceeding hereunder or have made any report to the administrator.

Sec. 4.512 Cooperation with the Secretary of Housing and Urban Development

The administrator and the city attorney are authorized to cooperate with the Secretary of Housing and Urban Development and the U.S. Attorney General pursuant to the provisions of Title VII, Fair Housing Act of 1968, Public Law 90-284, and may render such service to the secretary as they shall deem appropriate to further the policies of this article.

Sec. 4.513 Education and Public Information

In order to further the objectives of this article, the administrator may conduct educational and public information programs.

Sec. 4.514 Penalty

(a) Any person, firm or corporation violating any provision of this article shall be guilty of a misdemeanor, and upon conviction, shall be fined in accordance with the general penalty provision found in Section 1.106 of this code for each violation. Each day a violation continues after passage of seventy-five (75) days from date of the filing of the initial complaint with the administrator shall constitute a separate and distinct offense.

(b) Any person, firm or corporation violating any provision of this article may be enjoined by order of a court of competent jurisdiction, and this remedy is in addition to any other penalty provision.

(Ordinance 0-04-96 adopted 4/8/96)


 

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