[HISTORY: Adopted by the City Council of the City of Fond
du Lac 6-23-1993 by Ord. No. 2679 as Sec. 9.13 of the 1993 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Housing — See Ch. 378.
[Amended 9-22-1993 by Ord. No. 2698; 4-24-2014 by Ord. No. 3544]
The practice of providing equal opportunities in housing and
public accommodations without regard to sex, race, color, sexual orientation,
disability, religion, national origin, marital status, family status,
status as a victim of domestic abuse, sexual assault, or stalking,
lawful source of income, age, or ancestry is a desirable goal of the
City and a matter of legitimate concern to its government. Discrimination
against any of the City's citizens or visitors endangers the
rights and privileges of all. The denial of equal opportunity intensifies
group conflict, undermines the foundations of our democratic society
and adversely affects the general welfare of the community. Denial
of equal opportunity in housing compels individuals and families who
are discriminated against to live in dwellings below the standards
to which they are entitled. Denial of equal opportunity in public
accommodations subjects those discriminated against to embarrassment
and discomfort and creates distress and unrest within the community.
Provision for adequate safeguards against such discrimination is a
proper and necessary function of the City government. In order that
the peace, freedom, safety and general welfare of all inhabitants
of the City may be protected and ensured, it is hereby declared to
be the public policy of the City to encourage and foster to the fullest
extent the protection by law of the rights of all of its inhabitants
to equal opportunity in housing and public accommodations without
regard to sex, race, color, sexual orientation, disability, religion,
national origin, marital status, family status, status as a victim
of domestic abuse, sexual assault, or stalking, lawful source of income,
age, or ancestry.
[Amended 9-22-1993 by Ord. No. 2698]
The following terms have the meanings indicated:
A physical or mental impairment that substantially limits
one or more major life activities, a record of having such an impairment
or being regarded as having such an impairment. "Disability" does
not include the current illegal use of a controlled substance, as
defined in § 961.01(4), Wis. Stats., or a controlled substance
analog, as defined in § 961.01(4m), Wis. Stats., unless
the individual is participating in a supervised drug rehabilitation
program.
[Amended 4-24-2014 by Ord. No. 3544]
To segregate, separate, exclude, or treat a person or class of persons unequally because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry. It is intended that the factors set forth herein shall be the sole basis of prohibiting discrimination under § 307-3.
[Amended 4-24-2014 by Ord. No. 3544]
Any improved property, including any mobile home as defined
in § 66.0435, Wis. Stats., which is used or occupied or
is intended, arranged or designed to be used or occupied as a residence,
home or place of habitation for one or more human beings.
As defined in § 106.52(1)(d), Wis. Stats.
One or more individuals, partnerships, associations, corporations,
legal representatives, trustees, receivers or other fiduciaries or
the agent or agents thereof.
As defined in § 106.52(1)(e), Wis. Stats.
The term shall not apply to the transfer of property by will
or gift.
Any residential lot upon which no permanent building or structure
containing living quarters has been constructed.
[Amended 4-24-2014 by Ord. No. 3544]
The City Council of the City of Fond du Lac hereby adopts by
reference § 106.50, Wis. Stats., as amended, and all subsequent
amendments thereto. The officials and employees of the City of Fond
du Lac shall assist in the orderly prevention and removal of all discrimination
in housing within the City of Fond du Lac by implementing the authority
and enforcement procedures set forth in § 106.50, Wis. Stats.
The City shall maintain forms for complaints to be filed under § 106.50,
Wis. Stats., and shall assist any person alleging a violation thereof
in the City of Fond du Lac to file a complaint thereunder with the
Wisconsin Department of Workforce Development for enforcement of § 106.50,
Wis. Stats.
[Amended 9-22-1993 by Ord. No. 2698; 4-24-2014 by Ord. No. 3544]
The City Council of the City of Fond du Lac hereby adopts by
reference § 106.52, Wis. Stats., as amended, and all subsequent
amendments thereto. The officials and employees of the City of Fond
du Lac shall assist in the orderly prevention and removal of all discrimination
in public places of accommodation or amusement within the City of
Fond du Lac by implementing the authority and enforcement procedures
set forth in § 106.52, Wis. Stats. The City shall maintain
forms for complaints to be filed under § 106.52, Wis. Stats.,
and shall assist any person alleging a violation thereof in the City
of Fond du Lac to file a complaint thereunder with the Wisconsin Department
of Workforce Development for enforcement of § 106.52, Wis.
Stats.
No person shall aid, abet, incite, compel or coerce the doing
of any act which violates this chapter or obstructs or prevents any
person from complying with the provisions of this chapter.
[Added 11-11-2015 by Ord.
No. 3593A[1]]
Individuals aggrieved by alleged acts of discrimination under
this chapter may seek resolution under § 106.52, Wis. Stats.;
through the United States Department of Housing and Urban Development
under the federal Fair Housing Law; or through another entity that
may be under contract with the City to provide such services.
[1]
Editor's Note: This ordinance also repealed former § 307-6,
Equal Opportunities Commission, as amended.
[Amended 4-24-2014 by Ord. No. 3544]
Violations of § 307-3 shall be subject to the penalties prescribed in § 106.50, Wis. Stats. Violations of § 307-4 shall be subject to the penalties prescribed in § 106.52, Wis. Stats. Other violations of this chapter shall be subject to the following:
A.
Any person who willfully violates this chapter or any lawful order
issued under this chapter shall, for the first violation, forfeit
not less than $100 nor more than $1,000.
B.
Any person adjudged to have violated this chapter within five years
after having been adjudged to have violated this chapter, for every
violation committed within the five years, shall forfeit not less
than $1,000 nor more than $10,000.
C.
Payment of a forfeiture under this chapter shall be stayed during
the period in which any appeal may be taken and during the pendency
of an appeal.
