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Home My WebLink About~Master - Revising Section 14 to Correspond with the Iowa Civil Rights Act ORDINANCE NO. 3123 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTIONS 14.1, 14.2, 14.8, AND 14.10 AND REENACTING SAID SECTIONS REVISED TO CORRESPOND WITH THE PROVISIONS OF THE IOWA CIV- IL RIGHTS ACT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT ONLY; AND ESTABLISHING AN EFFEC- TIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa shall by and the same is hereby amended by repealing Sections 14.1, 14.2, 14.8, and 14.10 and reenacting the same revised to read as follows: "Sec. 14.1 PURPOSE OF CHAPTER The purpose of this chapter is to implement the provision of the Iowa Civil Rights Act and to further provide for the general welfare of persons in the City of Ames, Iowa, by prohibiting certain discriminatory practices, and to establish a commission for the investigation of complaints of discrimi- nation; and, to undertake projects of education to prevent discrimination; and, to establish procedures for the concilia- tion of such complaints; and to enforce the provisions hereof. Sec. 14.2 DEFINITIONS When used in this chapter, unless the context otherwise requires: (1) "Commission" means the Iowa state civil rights commission created by this chapter. (2) "Commissioner" means a member of the commission. (3) "Court" means the district court in and for the judicial district of the state of Iowa in which the alleged unfair or discriminatory practice occurred or any judge of said court if the court is not in session at that time. (4) "Disability" means the physical or mental condition of a person which constitutes a substantial handicap, and the condition of a person with a positive human immunodeficiency virus test result, a diagnosis of ac- quired immune deficiency syndrome, a diagnosis of ac- quired immune deficiency syndrome-related complex, or any other condition related to acquired immune deficiency syndrome. The inclusion of a condition related to a positive human immunodeficiency virus test result in the meaning of "disability" under the provisions of this chapter does not preclude the application of the provi- sions of this chapter to conditions resulting from other contagious or infectious diseases. (5) "Employee" means any person employed by an employer. (6) "Employer" means the state of Iowa or any political subdivision, board, commission, department, institution, or school district thereof, and every other person em- ploying employees within the state. (7) "Employment agency" means any person undertaking to procure employees or opportunities to work for any oth- er person or any person holding itself to be equipped to do so. (8) "Familial status" means one or more individuals under the age of eighteen domiciled with either of the following: (a) A parent or another person having legal custody of the individual or individuals. (b) The designee of the parent or the other person having custody of the individual or individuals, with the written permission of the parent or other person. (9) "Labor organization" means any organization which exists for the purpose in whole or in part of collective bar- gaining, of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protection in connection with employment. (10) "Person" means one or more individuals, partnerships, associations, corporations, legal representatives, trust- ees, receivers, and the state of Iowa and all political subdivisions and agencies thereof. (11) "Public accommodation" means each and every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods for a fee or charge to nonmembers of any organiza- tion or association utilizing the place, establishment or facility, provided that any place, establishment, or facility that caters or offers services, facilities, or goods to the nonmembers gratuitously shall be deemed a public accommodation if the accommodation received gov- ernmental support or subsidy. Public accommodation shall not mean any bona fide private club or other place, establishment, or facility which is by its nature dis- tinctly private, except when such distinctly private place, establishment or facility caters or offers servic 2 es, facilities, or goods to the nonmembers for fee or charge or gratuitously, it shall be deemed a public accommodation during such period. Public accommodation" includes each state and local government unit or tax-supported district of whatever kind, nature, or class that offers services, facilities, benefits, grants or goods to the public, gratuitously or otherwise. This paragraph shall not be construed by negative implication or otherwise to restrict any part or portion of the pre-existing definition of the term "pub- lic accommodation". (12) "Unfair practice" or "discriminatory practice" means those practices specified as unfair or discriminatory in this chapter. Sec. 14.8 UNFAIR OR DISCRIMINATORY PRACTICES - HOUSING It shall be an unfair or discriminatory practice for any owner, or person acting for an owner, of rights to 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 representa- tives by power of attorney or appointment, or any person acting under court order, deed of trust, or will: (1) To refuse to sell, rent, lease, assign or sublease any real property or housing accommodation or part, portion or interest therein, to any person because of the race, color, creed, sex, religion, national origin, disability, or familial status of such person. (2) To discriminate against any person because of race, color, creed, sex, religion, national origin, disability, or familial status in the terms, conditions or privileges of the sale, rental, lease assignment of sublease of any real property or housing accommodation or any part, portion or interest therein. (3) 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 housing accommodation or any part, portion or interest thereof, by persons of any particular race, color, creed, sex, religion, national origin, disability or familial status is unwelcome, objectionable, not acceptable or not solicited. (4) To discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the real property or housing accommoda- tion, or against any prospective lessee or purchaser of 3 � 4 the property or accommodation, because of the race, color, creed, religion, sex, 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 purpos- es at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity. Sec. 14.10. UNFAIR CREDIT PRACTICES It shall be an unfair or discriminatory practice for any: (1) Creditor to refuse to enter into a consumer credit trans- action or impose finance charges or other terms or condi- tions more onerous than those regularly extended by that creditor to consumers of similar economic back- grounds because of age, color, creed, national origin, race, religion, marital status, sex, physical disability or familial status. (2) Person authorized or licensed to do business in this state pursuant to Chapter 524, 533, 534, 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, physical disability or familial status. (3) Creditor to refuse to offer credit life or health and accident insurance because of color, creed, national origin, race, religion, marital status, age, physical disability, sex or familial status. Refusal by a credi- tor 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 con- siderations not prohibited by title XX, Federal Act. The provisions of this section shall not be construed by negative implication or otherwise to narrow or restrict any other provisions of this chapter." Section Two. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 26th day of March 1991. Nan y Dio ig , City Clerk Larry R Curtis, Mayor 0144 4