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It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 95.03, 95.04, 95.05, or 95.06 of this chapter.
(Ord. 2019-2, passed 3-25-2019)
Whoever, whether or not acting under code or law, by force or threat of force willfully injures, intimidates or interferes with, or attempt to injure, intimidate or interfere with:
(A) Any person because of his race, color, religion, sex, handicap, familial status, or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting, or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or
(B) Any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from:
(1) participating, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in division (A) of this section; or
(2) Affording another person or class of persons opportunity or protection so to participate; or
(C) Any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in division (A) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate shall be fined according to local, state and federal law; and if bodily injury results shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.
(Ord. 2019-2, passed 3-25-2019)
(A) Exemptions defined or set forth under I.C. 22-9.5-3 et seq. shall be exempt from the provisions of this chapter to include those activities or organizations set forth under divisions (B) and (C) of this section.
(B) Nothing in this chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, 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 persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.
(C) Nothing in this chapter regarding familial status shall apply with respect to housing for older persons. As used in this Section, ‘housing for older persons’ means housing:
(1) Provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state civil rights commission determines is specifically designed and operated to assist elderly person (as defined in the state or federal program); or
(2) Intended for, and solely occupied by, person 62 years of age or older; or
(3) Intended and operated for occupancy by at least one person 55 years of age or older per unit.
(Ord. 2019-2, passed 3-25-2019)
(A) The authority and responsibility for properly administering this chapter and referral of complaints hereunder to the Commissioner as set forth in division (B) of this section shall be vested in the President of the Town Council of the Town of Andrews, Indiana.
(B) Notwithstanding the provisions of I.C. 22-9.5-4-8, the Town of Andrews, Indiana, because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under the ordinance, herein elects to refer all formal complaints of violation of the articles of this chapter by complainants to the Indiana Civil Rights Commission for administrative enforcement actions pursuant to I.C. 22-9.5-6 and the President of the Town Council of the Town of Andrews, Indiana, shall refer all said complaints to the Commission as provided for under division (A) of this section to said Commission for purposes of investigation, resolution and appropriate relief as provided for under I.C. 22-9.5-6.
(C) All executive departments and agencies of the Town of Andrews, Indiana shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this chapter and shall cooperate with the President of the Town Council and the Commission to further such purposes.
(D) The President of the Town Council of the Town of Andrews, Indiana, or the President’s designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.
(Ord. 2019-2, passed 3-25-2019)
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