A. Elements: A person commits a violation of civil rights when:
1. He prevents, interferes with or denies to another, or conspires to do the same, the full and equal access to, and enjoyment of the facilities and services of any office, place, business, accommodation, amusement or conveyance because of race, religion, color or national ancestry; or
2. He, as an official, denies or refuses to any person the full and equal access, use or enjoyment of the services, facilities, accommodations, advantages or privileges of his office, or of any property accommodations or facilities under his care because of race, religion, color or national ancestry. (Ord. 153, 8-21-1972)
B. Sanctions:
1. Enjoining As A Public Nuisance: Any violation of civil rights occurring in any public office, accommodation or amusement is declared a public nuisance and may be abated in any manner provided by this Code for the abatement of public nuisances.
2. Discharge Of Public Officials: When a public official shall be found guilty of a violation of civil rights the person(s) (or City Attorney, State Attorney) aggrieved may file a petition in the Circuit Court wherein the public official holds office or is employed, to discharge the official complained of from office. The court shall order that the official be immediately relieved of his office or duties, and shall order the official to resign or be removed or discharged. Any person violating or refusing to enforce such court order or decree shall be deemed in contempt of court.
3. Exclusivity: The penalties and remedies herein provided by this subsection shall not be deemed mutually exclusive.
4. Necessity As Affirmative Defense: Conduct which would otherwise be an offense is justifiable by reason of necessity if the accused was without blame in occasioning or developing the situation, and reasonably believed such conduct was necessary to avoid a public or private injury greater than the injury which might reasonably result from his own conduct. (Ord. 153, 8-21-1972; amd. Ord. 436, 11-23-1992)