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(a) The City of Danville is prohibited from substantially burdening a person's freedom of religion by the provisions of KRS 446.350. Accordingly, where a person, by action or inaction, violates the provisions of this chapter of the city's Code of Ordinances due to a sincerely held religious belief, the individual or entity alleging the violation must prove by clear and convincing evidence that the city has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest to establish the existence of the violation. A "burden" shall include indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access facilities. This section shall apply in any legal or administrative proceeding brought to enforce the provisions of this chapter, whether or not the city of other governmental authority is a party to such proceeding. A person's sincerely held religious belief may be established by the execution of a sworn affidavit.
(b) The provisions of this chapter shall not apply to a faith based social service provider. Nor shall they apply to a religious institution, association, society, entity, or to an organization operated for charitable or educational purposes, which is owned, operated or controlled by a religious institution, association, society or entity.
(Ord. No. 1836, § 8, 6-9-14)