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HomeMy WebLinkAboutA001 - Proof of Publication dated October 9, 1974 )11, Proof of Publication in.The Section 2. A new Chapter to be designated Chapter 19.5 is added ANTES DAILY TRIBUNE Legal to the Municipal Code of the City of Ames, Iowa, as follows: Chapter 19.5. Human ORDINANCE NO. 2488 Relations. STATE OF IOWA,STORY COUNTY,ss. AN ORDINANCE AMENDING Sec. 19.5-1001. Purpose of THE MUNICIPAL CODE OF Chapter. THE CITY OF AMES, IOWA, BY The purpose of this chapter I, Hollis-'�{'3�Flyltle;'W. T. Farley on Oath REPEALING ARTICLE II OF is to implement the provisions depose and say that I am publisher, foreman CHAPTER 19, ENTITLED FAIR of Chapter 601 A,Code of Iowa, Y HOUSING, AS SUCH ARTICLE and to further provide for the of the AMES DAILY TRIBUNE, a daily HAS HERETOFORE EXISTED; general welfare of persons in AND ADOPTING A NEW the City of Ames, Iowa, by newspaper, printed at Ames, Story County, CHAPTER TO BE NUMBERED prohibiting certain CHAPTER 19.5 AND TO BE discriminatory practices E N T I T L E D H U M A N based on race, creed, color, Iowa; that the annexed printed _Qxdi.n9,I1Ce RELATIONS FOR THE PUR- physical disability, age, POSE OF IMPLEMENTING THE , 2488 - _�Zt�T_ �_._-= national origin, religion or PROVISIONS OF CHAPTER 601 ancestry, and to establish a ----- - - ----------- A, CODE OF IOWA, 1973, AND commission for the in- FOR THE FURTHER PURPOSE vestigation of complaints of _-_---___.___-_____.___.___- -_-_-- OF PROVIDING FOR THE discrimination; and, to GENERAL WELFARE OF THE establish procedure for the Was published in Said newspaper for INHABITANTS OF THE CITY OF, conciliation of such com- AMES BY PROHIBITING plaints; and, to enforce the CERTAIN DISCRIMINATORY provisions hereof. consecutive Weeks, the first ________________ PRACTICES BASED ON RACE, Sec. 19.5-1002. Definitions. COLOR, CREED, PHYSICAL When used in this chapYef and the last Of said publication Was on the DISABILITY, AGE, RELIGION, unless the context otherwise NATIONAL ORIGIN, SEX, AND requires: ------- th_--- day of ______ -OCtObe7' A N C E S T R Y : A N D , 1. "Person" means one or -------- - ESTABLISHING A COMMISSION more individuals, part- FOR THE PURPOSE OF IN- nerships, associations, cor- 19_r7 . VESTIGATING AND CON- porations legal represen- CILIATING COMPLAINTS OF tatives,trustees,receivers,or _ ZEE - DISCRIMINATION: AND, TO other legal entities subject to PROVIDE FOR THE EN- the jurisdiction of the City of Sworn t0 before me and subscribe in my FORCEMENT OF THE Ames. PROVISIONS OF THIS OR- 2. "Employment agency" presence by Hol1i7s)a;YNordyke,,7,W: T. Farley DINANCE AND PROVIDING A means any person un- PENALTY FOR VIOLATION dertaking to procure em- this __._ ix___ d f ______-_____-__.__-- THEREOF. ployees or opportunities to IT IS ORDAINED BY THE work for any Other per5oll or r�L CITY COUNCIL OF THE CITY any person holding himself or 1 _ OF AMES, IOWA: itself to be equipped to do so. Section 1. Article 11 of Chapter 3. "Labor organization" - - 1 �otary Public 19 of the Municipal Code of the means any organization which in and for Story County. City of Ames, Iowa,as heretofore exists for the purpose in whole , r existing is hereby repealed. or in part of collective Fees, $______-_�__:. bargaining or dealing with employers concerning grievances, terms, or con- aec. iv.b-ivus. commission { ditions of employment or of Established; Appointment, other mutual aid or protection Membership, Terms. at any time by the Mayor with in connection with em- There is hereby established the approval of the City ployment. the Ames Human Relations Council. No person shall serve 4. "Discriminatroy prat- Commission which shall on the commission for more Tice" means those acts and consist of five (5) members than six (6) years. practices specified and appointed by the Mayor with Sec. 19.5-1004. Designation of declared by provisions of this the advice and consent of the Chairman, Officers of the chapter to be a prohibited, City Council. Appointments Commission, Time, Place of unlawful discriminatory shall be made to provide Meeting, Rules and practice. g e o g r a p h i c a l a r e a Regulations, Annual Report, 5. "Commission"means the representation within the City Quorum. Ames Human Relations of Ames insofar as may be The chairman of the com- Commission established by practicable. The term of mission shall be designated by this chapter. appointment shall be three (3) the Mayor with the approval of 6. "Commissioner"means a years from April 1 of the year the City Council for a definite member of the aforesaid in which the appointment is period,not to exceed three (3) commission. made, except the initial ap- years. If the chairman is to 7."Hotel and motel"as used pointees shall be appointed by be absent from the City of in this chapter shall include the Mayor as follows: One of Ames for a week or more,the every establishment offering the initial appointees shall commission may designate lodging to transient guests for serve a term ending one (1) one of its members as acting compensation and which is not year from April 1 of the year' chairman to serve during the a bona fide private club. in which the appointment is absence of the chairman. 8. "Restaurant" as used in made. Two (2) of the initial After the Mayor and City this chapter shall include appointees shall serve a term Council have so designated the every cafe, cafeteria, coffee ending two(2) years following chairman of the commission shop, sandwich shop, snack April 1 of the year in which the and the length of time he shall bar, supper club, soda foun- appointment is made and two serve as chairman, the tain, soft drink or ice cream (2) of the initial appointees commission shall elect its Parlor or vending stand, shall serve a term ending other officers, determine its luncheonette or similar three (3)years from the April time and place of meetings establishment which offers 1st of the year in which the and may, except as herein food for purchase and con- appointment was made.In the provided, adopt such sumption on the premises and event that a vacancy is regulations not in conflict with which is not a bona fide created in the membership of law, or the ordinances of the private club. the commission by death, City as in its own judgement 9. "Discrimination" shall resignation,or otherwise prior are necessary for the suc- mean an invidious to the normal expiration of the cessful administration of the classification or dif- appointee's term, the Mayor, provisions of this chapter and ferentiation which has no with the approval of the City shall on or before Decmber 31 direct and rational relation- Council, shall appoint a new of each year furnish an annual ship to a legitimate purpose. member to serve the report to the City Council. A remaining portion of the term majority of the members of of the member creating the the commission shall con- vacancy. Any member,or all stitute a quorum for the members of the commission transaction of business. may be removed fro m office Sec. 19.5-1005. Secretary of 5. To prepare and transmit practice, it shall direct a Commission—Duties. To the Mayor and the City committee comprised of one race,or color of such person, The secretary of the com- Council from time to time,but mission shall be a member or more members of the or such person's national not less often than once each commission to call upon the origin, religion, physical thereof,appointed and elected quarter annum, reports person alleged to have com- disability,sex or ancestry,any as herein - before provided, describing its proceedings and mitted an act of of the accommodations, ad- and shall perform the investigations, hearings, and discrimination Or to have vantages, facilities, or ser- following duties: the outcome thereof,decisions engaged in z prohibited vices of such hotel, motel, or (a) Keep all official records of rendered and any other work The commission. discriminatory practice for restaurant. (b) Record the minutes of performed by the commission. the purpose of ttempting to 6. To make recom- effect a conciliation to obtain Sec. 19.5-1013. Discriminatory between the parties a each meeting of the com- mendations to the City Council Practices—Housing. mission. for such further legislation It is a prohibited and commitments designed to (c) Record all complaints concerning discrimination unlawful discriminatory addressed to the commission. prevent recurrence of the because of race, creed, color, matters complained of. practice for: (d) Make preliminary in- physical disability, age, sex, a. Any person to vestigations into all such Sec. 19.5-1011. Procedure discriminate in the showing' national origin, religion or When Conciliation Un- selling, leasing, subleasing,complaints. ancestry as it may deem successful—Complaint renting, assigning, or other- (e) Report all complaints, necessary and desirable. Hearings. findings and recom- 7. To cooperate with other wise Transferring or to mendations to The whole If the person complained or discriminate in negotiations agencies or organizations, refuses to meet with the commission for further action. both public and private in the committee; or, conciliation for the sale, lease, sublease, rental, assignment, or other Sec. 19.5-1006. Assistant planning and conduct of Secretary—Duties. and the obtaining of com- transfer of the title,leasehold, programs designed to mitments against recurrence If the Commission so eliminate racial, religious, fails, the committee shall or other interest in any determines, it may designate cultural, and intergroup report the matter to the housing unit against any from its membership an tensions. commission, which shall pick person; or y represent that real property assistant secretary to hold 8.To adopt,publish,amend, the Time and place for a public is not available for inspection, sale such office no longer than his and rescind regulations hearing on the complaint and lease, term as a member of the consistent with and necessary sublease, rental, assignment provide for at least ten (10) or other transfer,when in fact commission.The duties of th e for The implementation of this in days' notice thereof to be it is so available; or to assistant secretary may in- it subject To the ap- clude those of the secretary roval of The City Council, coven by The committee To the otherwise deny or withhold and those assigned by duly p y complainant, the party any real property from any 9. To receive, administer, complained of, and other adopted rules of the com- person because of race,creed, dispense, and account for any persons having knowledge of mission. The assistant funds that may be voluntarily color,physical disability,sex, y or direct interest in the secretary shall perform his contributed to the commission national origin, religion, or duties under the supervision matters complained of. At ancestry. and any grants that may be such hearing, testimony may and direction of The secretary awarded the commission for be presented by either party b. Any person To include in The terms, conditions, or and shall perform the dutiesof furtherance of the purposes of and by persons having privileges of any sale, lease, the secretary when the this chapter,with the approval knowledge of or a direct in- secretary is absent or when so of the CityCouncil, sublease,rental assignment or terest in The matter com- directed by the commission. Sec. 19.5-1008. Complaints. any other transfer of real plained of. The commission, property, any clause, con- Sec. 19.5-1007. Powers and Any person aggrieved by presided over by its chairman, Duties of the Commission. discrimination as defined by dition, or restriction shall constitute the hearing discriminating a y The commission shall have this chapter,or by one or more g against an board and either party may person in the use or occupancy the following powers and of the discriminatory prat- pant appear on its own behalf or by of such real property y duties: tices defined and prohibited by counsel, present testimony P because 1. To receive, investigate this chapter,may file with the of race,creed,color, physical and cross-examine witnesses. disability,sex,national ori and pass upon complaints secretary of the commission It shall be the duty of the origin, religion,or ancestry. alleging discriminatory or in the secretary's abscence, commission to maintain order c. Any person en practices. with the assistant secretary,a and maintain proper decorum gaged in 2. To investigate and study sworn and acknowledged throughout the heari lending money, guaranteeing ng. Upon the existence, character, complaint setting forth the the completion of the hearing, loans,accepting mortgages or causes, and extent of particulars of the alleged the commission shall for- otherwise making available discrimination in public ac- d i s c r i m i n a t i o n o r thwith poll its membership funds to finance The purchase, commodations, employment, discriminatory practices. The and announce its findings as to acquisition, construction, housing and education in this commission will not consider whether in fact discrimination rehabilitation, repair or city, and to attempt the or process any such complaint maintenance of any real exists or discriminatory acts elimination of such filed later Than sixty (60)days property, to discriminate discrimination by means of from the date of occurrence of co mmitted.practices have been Therein because of race,creed, co h y education and conciliation. If a majority of the mem- color,physical disability,sex, 3. To hold hearings upon a national origin, religion or complaint of a discriminatory bees of the commission are of ancestry. p such alleged discrimination or The opinion that the person practice.Such hearing shall be d. Any person to complained of has engaged in discriminate in the furnishin held in accordance with such discriminatory practice. a discriminatory practice e rules and regulations, not Sec. 19.5-1009. R.aport of prohibited by This chapter,the of any facilities or services for inconsistent with this chapter, Complaints to Commission. matter shall be referred to the any real property because of race, creed, color, physical as the commission may After duly filing a complaint City Attorney for the purpose disability,sex,national origin,establish and promulgate in with the secretary or assistant of filing an information with writing and be approved by secretary and as soon as The District Court charging religion or ancestry. the City Council. possible but not later Than such violation of this chapter e. Any Person To publish or 4.To issue such publications thirty (30)days thereafter,the as shall be indicated by The and reports of investigations secretary or assistant evidence presented to or ob- and research as in the secretary'shall report to the tained by The commission or judegment of the commission commission each such com- such other action as the City shall tend to promote good will plaint and findings and Attorney shall determine to be among the various racial, recommendations relating warranted by the cir- religious and ethnic groups of thereto. cumstances and facts of the the city and which shall tend to Sec. 19.5-1010. Commission to case. minimize or eliminate Attempt Conciliation on Sec. 19.5-1012. Discriminatory discrimination in public ac- Complaints. Practices—Hotels, Motels, commodations, employment, The commission sitting in Restaurants. housing and education executive session shall, as It shall be an unlawful and because of race, creed, color, soon as possible, but not less prohibited discriminatory age, sex, national origin, than sixty (60) days after the practice for any owner, religion or ancestry. complaint has been filed, operator,manager,employee, consider each such complaint, or agent of any hotel,motel or and in each instance where the restaurant within the City of majority of the members are Ames which offers lodging or of the opinion that a probable food to the public To refuse, showing of discrimination withhold from,or deny to any has been made or of the person for any reason,directly existence of a discriminatory or indirectly relating to The ............... circulate or to cause to be 1. To refuse to hire, accept, published or circulated any register, classify, or refer to notice, statement or ad- employment, to discharge an vertisement or to announce a employee, or to otherwise policy or to use any form of discriminate in employment application for the purchase, against any applicant for Section 5. Severability. If any lease, rental, or financing of employment c ordinance shall be ad section, provision or part of this any employee housing; or to make any because of race, creed, color, Judged in- record or inquiry in connection valid or unconstitutional, such with the prospective national origin, religion or physical disability, sex, adjudication shall not affect the P validity of the ordinance as a rental, lease,or real property ancestry of such applicant or y which expresses directly or employee, or because such whole or any section,provision or indirectly discrimination applicant or employee is part thereof not adjudged invalid because of race, creed, color, between the ages of 40 and 65 or unconstitutional. physical disability, sex, years. Section 6. This ordinance is in national origin, religion or 2. To refuse to admit full force and effect from and ancestry. membership to any applicant, after its passage and publication to expel any members or as provided by law. f. Any person to aid, incite, otherwise to discriminate compel,coerce,or participate against any applicant for 19 Passed this 1st day of October, in the doing of any act membership oran member in declared to be a y William F. Pelz, the privileges, rights or Mayor discriminatory practice under benefits of such membership this chapter or to obstruct or because of race, creed, color, Mary Paul, prevent compliance with the City Clerk provisions of this chapter or physical disability, sex, Published in The Ames Daily any proceedings of the com- national origin, religion or Tribune, October 9, 1974. ancestry of such member, or mission or to attempt directly because such applicant or or indirectly either alone or in member is between the ages of concert and cooperation with 40 and 65 years. others to commit any act declared by this chapter to be 3. Directly or indirectly a discriminatory practice. advertise or in any other manner indicate or publicize g. Any person to compel,or that individuals of any par- coerce, attempt to so compel, ticular race, creed, color, or coerce, whether acting physical disability, sex, alone or in concert and national, origin, religion or cooperation with others, any ancestry are unwelcome, person from purchasing or objectionable, not acceptable, leasing any real property or not solicited for em- because of such person's race, ployment or membership, or creed, color, physical to so discriminate against disability,sex,national origin, persons between the ages of 40 religion,or ancestry. and 65 years. Sec. 19.5-1014. Exemptions— - Sec. 19.5-1016. Exemptions— Housing. _ Employment. Nothing in This chapter shall The provisions of this apply to: chapter shall not apply to: a.The rental or leasing of a 1. Any employer who which ti contains in antains regularly employs less than building which co housing ac four (4) individuals for the housing accommodations for purpose of this chapter, in- not more than two (2)families dividuals who are members of The employer's family shall living independently each not be considered employees. other, if The owner resides in one of such housing units. 2. The employment of anyindividuals for work within the b. The rental or leasing to home of the employer if the fewer than seven (7) persons employer or members of his within a single housing ac- family reside therein during commodation by the occupant such employment. or owner of such housing 3. The employment of in- accomodation if the owner dividuals to render personal resides therein. service to the person of the employer or members of his c. Any bona fide religious family. institution or organization 4. Any bona fide religious with respect to any institution with respect to any qualifications it may impose qualifications for employment based upon religion when such based upon religion when such qualifications are related to a qualifications are related to a bona fide religious purpose. bona fide religious purpose. Sec. 19.5-1015. Discriminatroy Practices—Employment. Section 3. A violation of any It shall be a prohibited and provision of this ordinance shall unlawful discriminatory constitute a misdemeanor. practice for any person, labor organization, or the em- Section 4. All ordinances and ployee's agents or members parts of ordinances in conflict thereof, an employer, em- herewith are hereby repealed. ployment agency, or the employee's agents or mem- bers thereof: