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The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AGE. Chronological age.
DISCRIMINATE and DISCRIMINATION. To make a decision, offer to make a decision or refrain from making a decision based in whole or in part on the race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, marital status, physical or mental limitation, source of income, family status, sexual orientation or gender identity of another person, that person's relatives, or that person's associates.
(1) Discrimination based on sex includes sexual harassment, which means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when:
(a) Submission to the conduct or communication is made a term or condition either explicitly or implicitly of obtaining or maintaining employment, public accommodations or housing;
(b) Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual's employment, public accommodations or housing; and/or
(c) The conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or housing, or creating an intimidating, hostile, or offensive employment, public accommodations or housing environment.
(2) Discrimination based upon actual or perceived physical or mental limitation includes discrimination because of the use by an individual of an adaptive device or aid.
EDUCATIONAL INSTITUTION. A public or private institution, or a separate school or department thereof, including an academy, college, elementary or secondary school, extension course, kindergarten, nursery, local school system, university, or a business, nursing, professional, secretarial, technical, or vocational school. For the purposes of this subchapter, educational institution includes an agent of the institution.
EMPLOYER. Any person employing one or more persons, and includes an agent of the employer.
EMPLOYMENT AGENCY. A person regularly undertaking, with or without compensation, to procure, refer, recruit, or place an individual in an employment relationship with an employer.
FAMILY STATUS. Two or more individuals related by blood within three degrees of consanguinity, marriage, adoption, foster care relationship or other legal custody relationship. For purposes of this definition, FAMILY STATUS shall include an individual who is pregnant.
GENDER. The actual biological state of being male or female as of birth, or subsequent alteration through surgical procedure, and without regard to any outward physical display or expression of gender identity.
GENDER IDENTITY. A person's actual or perceived gender, including a person's appearance, expression, identity or behavior as being either male or female, whether or not that appearance, expression, identity or behavior is different from that traditionally associated with the person's sex at birth as being either female or male.
HOUSING ACCOMMODATION. Any improved or unimproved real property or part thereof, dwelling unit or facility used or intended, arranged, or designed to be used or occupied as a home, domicile, or residence of one or more individuals.
LABOR ORGANIZATION. An organization of any kind, an employee representation committee, group, association, or plan which employees participate in or are members of, and which exists for the purpose, in whole or part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment of its participants or members, whether or not such organization is subordinate to or affiliated with a national or international labor organization.
MARITAL STATUS. The state of being married, unmarried, divorced or widowed.
PERCEIVED. The perception of the person who acts, and not the perception of the person for or against whom the action is taken.
PHYSICAL OR MENTAL DISABILITY. A determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic substantially limits a major life activity of that individual and is unrelated to the individual's ability to perform the duties of a particular job or position, is unrelated to the individual's ability to utilize and benefit from a place of public accommodation, or is unrelated to the individual's ability to acquire, rent, or maintain property. For the purposes of this definition, PHYSICAL OR MENTAL DISABILITY does not include any condition caused by the current illegal use of a controlled substance or the use of intoxicating liquors by an individual.
PLACE OF PUBLIC ACCOMMODATION. A business, educational, refreshment, entertainment, recreational, health, or transportation facility, organization or institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.
PRIVATE CLUB. An establishment that is not open to the public. A private club is one whose members' association with each other and the club is sufficiently intimate, small and exclusive that it is not open to the public.
SEXUAL ORIENTATION. Male or female homosexuality, heterosexuality or bisexuality, whether by orientation or practice.
SOURCE OF INCOME. Any legal source from which a person obtains money.
VILLAGE MANAGER. The Manager of the Village of Lake Orion or his or her designee.
(Ord. 6.18, passed 9-26-16)
Except as otherwise provided in this subchapter:
(A) No person shall discriminate in leasing, selling or otherwise making available any housing accommodation;
(B) No person shall discriminate in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection with any housing accommodation;
(C) No person shall discriminate in providing financing for the purchase, repair, or remodeling of any housing accommodations;
(D) No person shall discriminate in making referrals, listings or otherwise providing information regarding housing accommodations; and
(E) No person shall promote real estate transactions by representing that changes are occurring or will occur in an area with respect to race, religion or national origin.
(Ord. 6.18, passed 9-26-16)
Except as otherwise provided in this subchapter:
(A) No person shall discriminate in making available full and equal access to all goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation; and
(B) No person shall prohibit a breastfeeding mother from, or segregate a breastfeeding mother within, any public accommodation where she and the child would otherwise be authorized to be.
(Ord. 6.18, passed 9-26-16)
Except as otherwise provided in this subchapter:
(A) No person shall discriminate in the employment, compensation, work classifications, conditions or terms, promotion or demotion, or termination of employment of any person;
(B) No person shall discriminate in limiting membership, conditions of membership, or termination of membership in any labor organization; and
(C) No employment agency shall discriminate in the procurement, referral, recruitment, or placement of an individual in an employment relationship with an employer.
(Ord. 6.18, passed 9-26-16)
Except as otherwise provided in this subchapter:
(A) No person shall adopt, enforce or employ any policy or requirement, publish, post, or broadcast any advertisement, sign, solicitation or notice in the village which discriminates or suggests discrimination in providing housing, public accommodations, or employment;
(B) No person shall discriminate in the publication or distribution of advertising material, information, or solicitation in the village regarding housing, public accommodations, or employment;
(C) No agent, broker, labor union, employment agency, or any other intermediary shall discriminate in making referrals, listings, or providing information with regard to housing, public accommodations, or employment;
(D) No person shall coerce, threaten, or retaliate against a person for making a complaint or assisting in any investigation regarding a violation or alleged violation of this subchapter. A person shall not require, request, conspire with, assist, or coerce another person to retaliate against a person for making a complaint or assisting in an investigation; and
(E) No person shall conspire with, assist, coerce, or request another person to discriminate in any manner prohibited by this subchapter.
(Ord. 6.18, passed 9-26-16)
(A) Any person claiming a violation of this subchapter shall file a signed, written complaint with the Village Manager setting forth the details, including the names, dates, witnesses, and other factual matters relevant to the claim, within 180 days of the incident forming the basis of the complaint.
(B) No person shall provide false information to any authorized village official investigating a complaint regarding a violation of this subchapter.
(C) Within 30 days of a written complaint being filed, the Village Manager or his or her designee shall review the complaint and undertake an investigation of any complaint alleging a violation of this subchapter not currently recognized or proscribed by Michigan or federal anti-discrimination statutes, and cause all other complaints to be referred to an appropriate state or federal agency for review.
(D) In the course of the investigation, the Village Manager may request a person to produce books, papers, records, or other documents which may be relevant to a violation or alleged violation of this subchapter. If said person does not comply with such request, the Village Attorney may apply to the Oakland County District Court for an order requiring production of the requested materials.
(E) After the completion of an investigation, the Village Manager or his or her designee shall provide written notice of the results of the investigation to the person filing the complaint and to the person accused of the violation. If the investigation establishes that a violation of this subchapter occurred, the Village Manager or his or her designee shall, by using informal methods of conference, conciliation and persuasion, endeavor to work with the person filing the complaint and the accused person to correct the violation or prevent a further violation from occurring. During the course of informal negotiations, the village may enter into a conciliation agreement with the person accused of the violation whereby said individual shall agree to methods of terminating discrimination or to reverse the effects of past discrimination. A violation of a conciliation agreement shall be a violation of this subchapter. The Village Attorney may commence a civil action to enforce a conciliation agreement.
(F) If, after 90 days, the Village Manager or his or her designee is unable through informal methods to resolve the violation or prevent further violations, the Village Manager or his or her designee shall cause a civil infraction citation to issue to the person accused of the violation and shall refer the matter to the Village Attorney to prosecute the violation as a municipal civil infraction.
(Ord. 6.18, passed 9-26-16)
Notwithstanding anything contained in this subchapter, the following practices shall not be violations of this subchapter:
(A) For a religious organization or institution to restrict any of its housing facilities or accommodations which are operated as a direct part of religious activities to persons of the religion involved or to restrict employment opportunities for officers, religious instructors and clergy to persons of that religion. It is also permissible for a religious organization to restrict employment opportunities, educational facilities, housing facilities, and homeless shelters or dormitories that are operated as a direct part of its religious activities to persons who are members of that religious organization.
(B) For the owner of an owner-occupied one-family or two-family dwelling, or a housing facility or public accommodation facility, respectively, devoted entirely to the housing and accommodation of individuals of one gender, to restrict occupancy and use on the basis of gender.
(C) To limit occupancy in a housing project or to provide public accommodations or employment privileges or assistance to persons of low income, persons over 55 years of age, or disabled persons.
(D) To engage in a bona fide effort to establish an affirmative action program to improve opportunities in employment for minorities and women consistent with applicable state and federal law.
(E) To discriminate based on a person's age when such discrimination is required by state, federal or local law.
(F) To refuse to enter a contract with an unemancipated minor.
(G) To refuse to admit to a place of public accommodation serving alcoholic beverages a person under the legal age for purchasing alcoholic beverages.
(H) To refuse to admit persons under 18 years of age to a business providing entertainment or selling literature which the operator of said business deems unsuitable for minors.
(I) For an educational institution to limit the use of its facilities to those affiliated with such institution.
(J) To provide discounts on products or service to students, minors and senior citizens.
(K) To discriminate in any arrangement for the shared ownership, lease, or residency of a dwelling unit in which the person acting is one of the sharing parties.
(L) To restrict use of lavatories and locker room facilities on the basis of gender.
(M) For a governmental institution to restrict any of its facilities or to restrict employment opportunities based on duly adopted institutional policies that conform to federal and state laws and regulations.
(N) To restrict participation in an instructional program, athletic event, or on an athletic team on the basis of age, gender, height, or weight.
(O) To restrict membership in a private club that is not open to the public except to the extent that private clubs which permit members to invite guests on the premises are not exempted as it concerns a member's guest.
(P) To restrict employment opportunities with respect to members of one's family.
(Q) To provide for marital or family status limitations in a health or pension plan if such limitations conform to federal and state laws and regulations.
(Ord. 6.18, passed 9-26-16)
Nothing contained in this subchapter shall be construed to limit in any way the remedies, legal or equitable, which are available to the village or to the person claiming a violation of this subchapter for the prevention or correction of discrimination.
(Ord. 6.18, passed 9-26-16)
TOBACCO REGULATIONS
(A) Purpose. The purpose of this subchapter is to protect the public health and welfare by regulating tobacco in work sites, public places and certain other areas.
(B) Findings. The United States Surgeon General has determined that: (1) secondhand smoke exposure causes disease and premature death in people who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome, acute respiratory problems, ear infections and asthma attacks; (3) exposure of adults to secondhand smoke has adverse effects on the cardiovascular system and causes heart disease and lung cancer; and (4) there is no risk-free level of exposure to secondhand smoke. These findings are adopted. It is also found that tobacco smoke is a major contributor to indoor air pollution. People who are at special risk from secondhand smoke include infants, children, teens, pregnant women, elderly people, nonsmokers with long-term exposure to secondhand smoke, individuals with cardiovascular disease, and individuals with impaired respiratory function. Establishing smoke-free workplaces is the most effective way to ensure that exposure to secondhand smoke does not occur in the workplace. The U.S. Food and Drug Administration (FDA) considers e-cigarettes to be a tobacco product and has not approved e-cigarettes as a quit tobacco device. The FDA has reported finding ingredients of e-cigarette cartridges to contain levels of cancer-causing and toxic chemicals. The World Health Organization warns that nicotine exposure, whether through inhalation, ingestion, or skin contact, can be hazardous to the health and safety of children, young people, pregnant women, nursing mothers, people with heart conditions, and the elderly. The Michigan Department of Health and Human Services indicates that e-cigarettes are not a safe alternative to other forms of tobacco. These findings are adopted. The U.S. Department of Health and Human Services, Centers for Disease Control and Prevention has found that smokeless tobacco causes leukoplakia, a disease causing white patches to form in the user's mouth that can become cancerous; and smokeless tobacco products are known to cause lung, larynx, esophageal, and oral cancer. The National Institutes of Health has recognized the carcinogens NNN and NNK are found in the saliva of those who use chewing tobacco. The Mayo Clinic has recognized that the candy-like appearance or flavors of smokeless tobacco products make them attractive to children and ingestion of these products can cause nicotine poisoning. Effects of nicotine poisoning in children may include nausea, vomiting, weakness, convulsions, unresponsiveness, impaired breathing and death. Saliva spit from smokeless tobacco contains nicotine, as well as infectious bacteria and diseases. Smoking and use of other tobacco products in parks and beaches sends a deleterious health message to youth and a public health approach to tobacco addiction should include preventing initiation of use, facilitating cessation, and promoting abstinence from all tobacco products by current users. These findings are adopted.
(C) Definitions.
BUSINESS. Any partnership, joint venture, corporation or other for-profit or not-for-profit entity, including but not limited to any retail establishment, where goods are sold or services are delivered.
BUSINESS VEHICLE. A car, bus, van or other motorized unit which is owned or leased by an employer for the use of employees.
CHEWING TOBACCO. Loose tobacco or a flat, compressed cake of tobacco which is inserted into the mouth to be chewed or sucked.
E-CIGARETTE. An electronic, noncombustible device that employs a heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form and the use or inhalation of which simulates smoking. This term shall include any device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other such product name or descriptor
EMPLOYEE. Any person who is employed by any employer, whether for wages, profit, or on a volunteer basis.
EMPLOYER. Any person or business, including any governmental entity that has one or more employees besides the owner of the business.
ENCLOSED AREA. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all of the space inside.
FOOD SERVICE ESTABLISHMENT. The term FOOD SERVICE ESTABLISHMENT has the same meaning as it does in the Michigan Public Health Code, 1978 PA 368, as amended, and includes bars. When a portion of a facility is licensed as a FOOD SERVICE ESTABLISHMENT, then only that portion of the facility shall be considered a FOOD SERVICE ESTABLISHMENT under this subchapter.
LIQUID NICOTINE. A liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking.
NICOTINE. A colorless, oily, water-soluble, highly toxic alkaloid found in tobacco.
NON-RETALIATION. It shall be unlawful for any person or employer to discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because that person seeks enforcement of this subchapter.
OUTSIDE SMOKING. Smoking is prohibited within 15 feet of entrances, open windows and ventilation systems of all places where smoking is otherwise prohibited by this subchapter. This prohibition shall not apply to persons who pass by such an entrance, open window, or ventilation system while traveling on a public street or sidewalk.
PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, including but not limited to any business, retail store, health facility, manufacturing facility, convention hall, meeting hall, sports arena, theater, gymnasium, health spa, swimming pool, roller rink, ice rink, bowling alley, laundromat, professional office, school, or public building.
SCHOOL DISTRICT. A school district, local act school district or intermediate school district, as those terms are defined in the School Code of 1976, Act No. 451 of the Public Acts of Michigan of 1976 (M.C.L.A. § 380.1 et seq.), as amended, or a consortium or cooperative arrangement consisting of any combination of these.
SCHOOL PROPERTY. A building, facility or structure or other real estate owned, leased or otherwise controlled by a school district.
SMOKING or SMOKE.
(a) Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, e-cigarette, pipe, mechanical or glass device designed to enable smoking, weed, plant or related substance or product.
(b) The carrying by a person of a lighted cigar, cigarette, pipe, mechanical or glass device designed to enable smoking, or other lighted smoking device, including, but not limited to electronic cigarettes or inhalants.
TOBACCO PRODUCT. A preparation of tobacco to be inhaled, chewed or placed in a person's mouth, including e-cigarettes.
TOBACCO SNUFF. Shredded, powdered or pulverized tobacco which may be inhaled through the nostrils, chewed or placed against the gums.
USE OF A TOBACCO PRODUCT AND/OR NICOTINE PRODUCT. Any of the following:
(a) The carrying by a person of a lighted cigar, cigarette, pipe, other lighted smoking device and/or electronic cigarette;
(b) The inhaling or chewing of a tobacco product;
(c) The placing of a tobacco product in one's month.
VAPOR PRODUCT. A noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking, including an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine or other substance in a solution or other form that is intended to be used with or in an aforementioned device.
WORKSITE. Any enclosed area under the control of an employer which employees frequent during the course of their employment, including but not limited to: work areas, common areas, lounges, restrooms, lobbies, conference rooms, class rooms, cafeterias and hallways. A private residence is not a WORKSITE unless it is used as a child care, adult day care or health care facility.
(D) Prohibitions. Smoking is prohibited in all enclosed areas of all of the following places and sites:
(1) Worksites;
(2) Public places;
(3) Buses, taxicabs, and other means of public transit and including bus shelters;
(4) Business vehicles that are occupied by more than one person;
(5) Semi-private rooms of health facilities;
(6) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(7) Public places where bingo games are held;
(8) Public places in hotels and motels, plus at least 80% of the rooms rented to guests at each hotel and motel; and
(9) Any facility, site or vehicle where the owner, operator, or manager of such facility, site or vehicle has prohibited smoking and has posted that prohibition prominently in writing or has given actual notice of the prohibition to the person who is smoking or who is intending to smoke.
(E) Persons under 18. A person under 18 years of age shall not possess or smoke cigarettes or cigars, or chew, suck or inhale chewing tobacco or tobacco snuff, or possess or use tobacco or nicotine in any other form, on a public highway, street, alley, park, beach or other lands used for public purposes, in a public place of business or amusement or on school property.
(F) Smoking on school property. Except as otherwise provided in this subchapter, a person shall not smoke on school property.
(G) Responsibility. Both the person who is smoking and the employer, owner, operator, or manager of the area in which smoking is prohibited is responsible for violations of this subchapter.
(H) Exemptions. The following areas are exempt from the requirements of this subchapter:
(1) Private residences and private vehicles, except when used or in connection with the child care, health care facility or adult day care facility;
(2) Tobacco specialty stores.
(I) Other laws. This subchapter shall not be interpreted or construed to permit smoking where it is otherwise restricted or prohibited by other applicable laws or public health regulations.
(J) Sale of tobacco products to minors; prohibition, penalty; public health department sign.
(1) A person shall not sell, give, or furnish a tobacco product, vapor product, or alternative nicotine product to a minor, including, but not limited to, through a vending machine. A person who violates this division is guilty of a misdemeanor punishable by a fine as follows:
(a) For a first offense, not more than $100;
(b) For a second offense, not more than $500;
(c) For a third or subsequent offense, not more than $2,500.
(2) A person who sells tobacco products, vapor products, or alternative nicotine products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign produced by the Department of Health and Human Services that includes the following statement:
"The purchase of a tobacco product, vapor product, or alternative nicotine product by a minor under 18 years of age and the provision of a tobacco product, vapor product, or alternative nicotine product to a minor are prohibited by law. A minor who unlawfully purchases or uses a tobacco product, vapor product, or alternative nicotine product is subject to criminal penalties."
(3) Beginning 90 days after the effective date of this section, a person who sells tobacco products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign that includes the following statement:
"The purchase of tobacco products by a minor under 18 years of age and the provision of tobacco products to a minor are prohibited by law. A minor unlawfully purchasing or using tobacco products is subject to criminal penalties."
(4) If the sign required under division (J) is more than six feet from the point of sale, it shall be five and one-half inches by eight and one-half inches, and the statement required under division (J) shall be printed in 36-point boldface type. If the sign required under division (J) is six feet or less from the point of sale, it shall be two inches by four inches, and the statement required under division (J) shall be printed in 20-point boldface type. For purpose of this section, a PERSON WHO SELLS TOBACCO PRODUCTS AT RETAIL means a person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to state sales tax.
(Ord. 6.23, passed 7-13-20)
(A) Smoking and use of tobacco and marihuana products prohibited in public parks and beaches. A person shall not smoke or use tobacco or marihuana products in any public park area or beach area owned or operated by the village. All parks and beaches owned or operated by the village shall be so posted.
(B) Violations and penalties. A person who violates or fails to comply with this section shall be subject to any one or more of the following:
(1) Being asked to stop smoking or using tobacco or marihuana products;
(2) Being asked to leave the premises;
(3) Responsible for a municipal civil infraction and subject to the civil fines set forth in § 130.999.
(Ord. 6.23, passed 7-13-20)
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