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Danville Overview
Danville, KY Code of Ordinances
CODE OF ORDINANCES CITY OF DANVILLE, KENTUCKY
Chapter 1 GENERAL PROVISIONS
Chapter 2 ADMINISTRATION*
Chapter 2.5 ALCOHOLIC BEVERAGES
Chapter 3 ANIMALS*
Chapter 4 BUILDINGS AND BUILDING REGULATIONS*
Chapter 4.5 CABLE TELEVISION
Chapter 5 CEMETERIES*
Chapter 5.5 FAIR HOUSING, PUBLIC ACCOMMODATIONS AND EMPLOYMENT
Chapter 6 FIRE PREVENTION AND PROTECTION*
Chapter 6.5 FLOOD DAMAGE PREVENTION AND CONTROL*
Chapter 7 GARBAGE, TRASH AND HAZARDOUS MATERIALS*
Chapter 8 NUISANCES*
Chapter 9 OFFENSES*
Chapter 10 PARKS AND RECREATION*
Chapter 10.5 REPORTING TRANSACTIONS OF PAWNBROKERS AND PRECIOUS METAL DEALERS
Chapter 11 PEDDLERS AND SOLICITORS*
Chapter 12 PLANNING*
Chapter 13 MOBILE FOOD SALES
Chapter 14 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*
Chapter 15 SUBDIVISION REGULATIONS*
Chapter 16 TAXATION*
Chapter 17 TRAFFIC AND MOTOR VEHICLES*
Chapter 17.5 TREES AND SHRUBBERY*
Chapter 18 UTILITIES*
Chapter 19 ZONING*
ORDINANCE DISPOSITION TABLE FOR 1977 CODE OF ORDINANCES
ORDINANCE DISPOSITION TABLE FOR THIS CODE OF ORDINANCES
CODE COMPARATIVE TABLE 1977 CODE
CODE COMPARATIVE TABLE ORDINANCES
STATUTORY REFERENCE TABLE
Chapter 5.5
FAIR HOUSING, PUBLIC ACCOMMODATIONS AND EMPLOYMENT
   Sec. 5.5-1.   Policy and purpose.
   Sec. 5.5-2.   Definitions.
   Sec. 5.5-3.   Unlawful practices in housing.
   Sec. 5.5-4.   Exemptions from unlawful housing practices.
   Sec. 5.5-5.   Unlawful practices in public accommodations.
   Sec. 5.5-6.   Unlawful practices in employment.
   Sec. 5.5-7.   Exemptions from unlawful employment practices.
   Sec. 5.5-8.   General exemptions from this chapter.
   Sec. 5.5-9.   Administration and enforcement.
   Sec. 5.5-10.   Obstruction and retaliation.
   Sec. 5.5-11.   Frivolous conduct.
   Sec. 5.5-12.   Annual report.
Sec. 5.5-1.   Policy and purpose.
   The city desires to implement a policy to protect all individuals within the city from discrimination in certain contexts in housing, employment and public accommodations on account of race, color, religion, national origin, sex, age, familial status, age, disability, gender identity and sexual orientation. Certain practices are prohibited in an effort to protect an individual’s personal dignity and to preserve the general welfare of the citizenry.
(Ord. No. 1836, § 1, 6-9-14)
Sec. 5.5-2.   Definitions.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meeting. These definitions shall be superseded by KRS 344.010(4) and KRS 344.030(1) and applicable federal and state law that may be in effect at the time of a violation.
   Age. Age forty (40) years and older.
   Bona fide offer. Any written offer to purchase, exchange, rent, or lease of any housing accommodation that is made in good faith without fraud or deceit.
   Disability. Any individual who: (a) has a physical or mental impairment that substantially limits one (1) or more of the major life activities of the individual; (b) has record of such an impairment; or (c) is regarded as having such an impairment. The term does not include persons with current or past controlled substances abuse or alcohol abuse problems and persons excluded from coverage by the Americans with Disabilities Act of 1990.
   Discrimination. Any direct or indirect act or practice of exclusion, restriction, segregation, limitation, refusal, denial, or any act or practice of differentiation or preference in the treatment of a person or persons, or the aiding, abetting, inciting, coercing or compelling thereof made unlawful under this chapter.
   Discriminatory practice. An act that is unlawful under this chapter.
   Dwelling. Any building, structure or portion thereof which is occupied as, or designated or intended for occupancy as a residence by one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any building, structure or portion thereof.
   Employee. Any individual employed by an employer, but not including an individual employed by his or her parents, spouse or child, or an individual employed to render services as a nurse, domestic or personal companion in the home of the employer.
   Employer. Any person who has eight (8) or more employees within the city in each of twenty (20) or more calendar weeks in the current or preceding calendar year and an agent of such a person, except for purposes of determining discrimination based on disability, employer means a person engaged in an industry affecting commerce who has fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and any agent of that person, excluding the United States, the Commonwealth of Kentucky or one (1) of its agencies or corporations, and Indian Tribes.
   Employment agency. Any person regularly undertaking, either with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer and includes any agent of such person.
   Familial status. One (1) or more individuals who have not attained the age of eighteen (18) years and are being domiciled with a parent or another person having legal custody of such individual or individuals; or the designee of such parent or other person having custody, with the written permission of such parent or other persons. The protection afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.
   Family. Includes a single individual, spouse, and children, whether related by blood, legal guardianship, marriage, or adoption.
   Gender identity. Manifesting a gender identity not traditionally associated with one's biological or psychological maleness or femaleness.
   Person. One (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.
   Place of public accommodation, resort or amusement. Any place, building, facility, store or other establishment, either licensed or unlicensed, which supplies goods or services to the general public or which solicits or accepts the patronage or trade of the general public or which is supported directly by government funds; except that a private club is not a place of public accommodation, resort or amusement if its policies are determined by its members and its facilities or services are available only to its members and their bona fide guests. This definition does not include a dwelling or rooming or boarding house containing not more than one (1) room for rent or hire and which is within a building occupied by the proprietor as his or her residence. The exemptions afforded to a place of public accommodation, resort or amusement shall be the same as those contained in KRS 344.130.
   Sexual orientation. An individual's actual or imputed heterosexuality, homosexuality or bisexuality.
(Ord. No. 1836, § 2, 6-9-14)
Sec. 5.5-3.   Unlawful practices in housing.
   Except as otherwise provided herein, it shall be a prohibited unlawful practice:
   (1)   To refuse to sell, purchase, exchange, rent or lease, or otherwise deny or withhold any housing accommodation from a person because of his or her race, color, religion, national origin, sex, familial status, disability, gender identity or sexual orientation;
   (2)   To discriminate against a person because of that person's race, color, religion, national origin, sex, familial status, disability, gender identity or sexual orientation in terms, conditions, or privileges of the sale, purchase, exchange, rental, or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith;
   (3)   To refuse to receive or transmit or negotiate a bona fide offer to sell, purchase, exchange, rent, or lease any housing accommodation from or to a person because of his or her race, color, religion, national origin, sex, familial status, disability, gender identity or sexual orientation;
   (4)   To represent to a person that any housing accommodation is not available for inspection, sale, purchase, exchange, rental or lease when in fact it is so available because of that person's race, color, religion, national origin, sex, familial status, disability, gender identity or sexual orientation.
(Ord. No. 1836, § 3, 6-9-14)
Sec. 5.5-4.   Exemptions from unlawful housing practices.
   The provisions of this chapter prohibiting discriminatory housing practices, other than the prohibition of discriminatory advertising, shall not apply to:
   (1)   The rental or lease of any housing accommodations in a building which contains not more than two (2) families living independently of each other, if the owner or a member of his or her family resides in one of the housing accommodations;
   (2)   The rental or lease of any rooming units in a housing unit, if the owner or a member of his or her family resides in the housing unit;
   (3)   The rental or lease of any rooming units in a house in which the owner of the entire house or member of his or her family resides;
   (4)   Rental of lodging by a private club not in fact open to the public that, as an incident to its primary purpose or purposes, provides lodging that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodging to its members or from giving preference to its members;
   (5)   A private individual homeowner disposing of his or her property through private sale without the aid of any real estate broker or real estate salesperson, and without advertising or public display, but nothing in this section shall prohibit the homeowner from the use of attorneys, escrow agents, abstractors, title professionals and other professional assistance as necessary to perfect or transfer the title;
   (6)   Housing for older persons with respect to familial status. Housing for older persons means housing:
      a.   Provided under any program of a state or federal housing agency that is specifically designed and operated to assist elderly persons (as defined by the state or federal program);
      b.   Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or
      c.   Intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit. In determining whether housing qualifies as housing for older persons under this chapter, state or federal housing agency regulations must require at least the following factors:
         1.   The existence of facilities and services are designed to meet the physical or social needs of older persons or to present housing opportunities for older persons;
         2.   That at least eighty (80%) of the dwellings are occupied by at least one (1) person fifty-five (55) years of age or older per unit;
         3.   The publication of, and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five (55) years of age or older.
   (7)   Nothing in this chapter requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
   (8)   Nothing in this chapter shall require an owner of real property to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.
   (9)   Nothing in this chapter shall prohibit conduct against a person because the person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance.
(Ord. No. 1836, § 4, 6-9-14)
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