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(A) Title of section. This section shall be known and may be cited as the "Non-Discrimination Ordinance".
(B) Purpose. It is the purpose of this section and the policy of the City of Saugatuck to promote the equal treatment of all individuals and to assure equal opportunity to all persons in the areas of employment, housing, public accommodations and public services. Discrimination based upon race, color, religion, gender, age, height, weight, marital status, sexual orientation, national origin, occupation or physical or mental limitation is contrary to the keeping of the peace, goodwill and harmony among the citizens of Saugatuck.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGE. An individual’s chronological age.
COLOR. An individual’s skin pigmentation.
DISCRIMINATE. Without limitation, any act which because of race, color, religion, gender, age, height, weight, marital status, sexual orientation, national origin, or physical or mental limitation results in the unequal treatment or separation of any person, or denies, prevents, limits or otherwise adversely affects the benefit, use of, or enjoyment of any person, of employment, ownership or occupancy of real property or public accommodations and public services.
EMPLOYMENT. The act of hiring, retaining or promoting of a person to perform the duties of a particular job or position.
GENDER. The real or perceived sex, gender identity or gender expression.
HEIGHT OR WEIGHT. The physical characteristics of an individual as it relates to that individual’s size.
HOUSING. The opportunity to purchase, lease, sell, hold, rent, use or convey dwelling units.
MARITAL STATUS. The state of being single, married, separated, widowed or divorced.
MENTAL LIMITATION. A limitation of physical capabilities unrelated to one’s ability to safely perform the work involved in jobs available to that person for hire or promotion; a limitation of mental capabilities unrelated to one’s ability to acquire, rent and maintain property; or a limitation of mental capabilities unrelated to one’s ability to utilize and benefit from the goods, services, activities, privileges and accommodations of a place of public accommodation. MENTAL LIMITATION includes, but is not limited to: developmental disabilities, psychological and the like. MENTAL LIMITATION does not include any condition caused by the current illegal use of a controlled substance.
NATIONAL ORIGIN. A country or nation outside of the United States of America from which a person or person’s ancestor originated.
OCCUPATION. A person’s usual or principal work or business, esp. as a means of earning a living; vocation.
PERSON. An individual, firm, partnership, corporation, association, organization, trustee, receiver or other fiduciary.
PHYSICAL LIMITATION. A limitation of physical capabilities unrelated to one’s ability to safely perform the work involved in jobs or positions available to such person for hire or promotion; a limitation of physical capabilities unrelated to one’s ability to acquire, rent and maintain property; or a limitation of physical capabilities unrelated to one’s ability to utilize and benefit from the goods, services, activities, privileges and accommodations. PHYSICAL LIMITATION includes, but is not limited to: blindness, or partial sightedness, deafness or hearing impairment. PHYSICAL LIMITATION does not include any condition caused by the illegal use of a controlled substance.
PUBLIC ACCOMMODATIONS and PUBLIC SERVICES. The full and equal access to any educational, cultural, governmental, health care, accommodation, business or other facility of any kind, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold or otherwise made available to the public, or which receive financial support through the solicitation of the general public or through governmental subsidy of any kind.
RACE. A body of people united by a common history or nationality.
RELIGION. A personal set or institutionalized system of religious beliefs, observances and practices.
SEXUAL ORIENTATION. Male or female heterosexuality, homosexuality or bisexuality, real or perceived through either orientation or practice.
(D) Prohibited acts. No person or persons shall discriminate against any person or persons within the City of Saugatuck regarding employment, housing, public accommodations or public services on the basis of that person’s race, color, religion, gender, age, height, weight, marital status, sexual orientation, national origin, occupation or physical or mental limitation. This section shall not be construed to be preempted by state or federal statute.
(1) Private club exemption. The prohibition of division (D) above shall not apply to a private club, or other establishment not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages or accommodations of the private club or establishment are made available to the customers or patrons of another establishment that is a place of public accommodation or is licensed by the state under Public Act 8 of 1933, being M.C.L.A. §§ 436.1101 et seq., the Michigan Liquor Control Act, as amended.
(2) Religious exemption. The prohibition of division (D) above shall not apply to a religious education institution or an educational institution operated, supervised or controlled by a religious institution or organization which limits admission or gives preference to an applicant of the same religion.
(3) Private residence exemption. The prohibition of division (D) above shall not apply to:
(a) The rental of housing accommodations in a building which contains housing accommodations for not more than two families living independently of each other if the owner or a member of the owner’s immediate family resides in one of the housing accommodations, or to the rental of a room or rooms in a single-family dwelling by a person if the lessor or a member of the lessor’s immediate family resides in the dwelling;
(b) The rental of housing accommodations for not more than 12 months by the owner or lessor where the accommodations were occupied by him or her and maintained as his or her home for at least three months immediately preceding occupancy by the tenant and is temporarily vacated while maintaining legal residence; or
(c) With respect to the age provision only, the sale, rental or lease of housing accommodations meeting the requirements of federal, state or local housing programs for senior citizens, or accommodations otherwise intended, advertised, designed or operated, bona fide, for the purpose of providing housing accommodations for persons 50 years of age or older.
(4) Bona fide occupational qualification exemption. The prohibition of division (D) above with respect to employment only, shall not apply where a protected classification set forth in division (D) above is a bona fide occupational qualification reasonably necessary to the normal operation of a business or enterprise. A person shall have the burden of establishing that the qualification is reasonably necessary to the normal operation of the business or enterprise.
(5) Private education institution exemption. The prohibition of division (D) above relating to gender only shall not apply to an educational institution which now or hereafter provides an education to persons of one gender.
(6) Governmental exemption. The prohibition of division (D) above shall not apply to any action by a governmental agency where a person’s qualification is expressly limited by statute, charter, ordinance or policy as otherwise provided by law.
(F) Filing of complaint. Any person or persons claiming to be aggrieved (complainant) by an unfair or discriminatory practice that the complainant reasonably believes to be a violation of division (D) above may file a complaint in writing with the City Manager or City Clerk. The written complaint shall follow the form provided by the city and be filed within 60 days of the alleged discriminatory act.
(1) Following the filing of a complaint, the City Manager or his or her designee shall notify the respondent in writing of the complaint, include a copy of the complaint, and provide the respondent the opportunity to respond to the allegations.
(2) The respondent may admit the act of discrimination and pay the city civil infraction fee of $500 as provided for in the City of Saugatuck code of ordinances, Title I, Section 10.99, or disagree and respond in writing to the City Manager or City Clerk.
(3) If the respondent does not reply to the written notice of the City Manager conveying the alleged complaint, the complaint will be deemed to have been denied by the respondent.
(H) Record keeping and recommendations. The City Clerk shall keep a record of all complaints filed and the resolution thereof. The City Manager or City Clerk shall also make recommendations as needed to the City Council as to the need for amendments and changes to this section. The City Clerk and City Manager shall communicate and share information to the extent required to effect the provisions of this section.
(I) Administrative liability. No city officer, agent or employee or member of the City Council shall be personally liable for any damage that may accrue to any person, firm, association, corporation, partnership, joint venture or combination of any of them as the result of any act, decision or other consequence of occurrence arising out of the discharge of duties and responsibilities pursuant to this section.
(J) Penalty. No penalty shall apply to a violation of this chapter beyond that provided herein.
(Ord. 070827-1, passed 8-27-2007)