[HISTORY: Adopted by the Township Council of the Township
of Franklin 7-12-2022 by Ord. No. 4370-22. Amendments noted where applicable.]
The municipal governing body finds and declares that practices
of discrimination with respect to the use of restroom facilities because
of age, race, creed, color, national origin, ancestry, marital status,
sex, or gender identity or expression are matters of concern and that
such discrimination not only threatens the rights and proper privileges
of persons but menaces the institutions and foundations of a free
democratic society. It is the policy of the municipality that all
persons shall have the opportunity to use single-occupancy bathroom
facilities without regard to age, race, creed, color, national origin,
ancestry, marital status, sex, or gender identity or expression. In
furtherance of that policy, this chapter shall be deemed an exercise
of the police power of the Township of Franklin for the protection
of public health, safety and morals and for the promotion of the general
welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
Signage indicating that the restroom is not restricted to
a particular gender. Examples include, but are not limited to, signs
with the words "all-gender restroom," "general-neutral restroom,"
or "non-gender-specific restroom," or signs that use images to indicate
that the restroom is accessible to all genders.
Any business establishment (including offices and office
buildings), place of public accommodation, and municipally owned building
or facility.
Includes, but is not limited to, the following types of services
or facilities: hotels or other establishments providing lodging to
transient guests; restaurants, cafeterias, lunchrooms, lunch counters
or other facilities engaged in selling or offering for sale food for
consumption on or off the premises; public restrooms; motion-picture
houses; theaters, concert halls, sports arenas, stadiums, or other
places of exhibition or entertainment; retail stores or establishments;
transportation carriers; barbershops and beauty shops; and bars, taverns
or other facilities engaged in selling or offering for sale alcoholic
beverages for consumption on the premises.
Any separate private toileting facility designed for use
by no more than one occupant at a time or for a family or those needing
assistance, with a locking mechanism controlled by the user located
on the inside of the door into the facility.
A toileting facility that is designated for use by any person,
regardless of sex or gender identity.
A.
Any covered entity or place of public accommodation with single-occupancy
restrooms shall ensure that such restrooms are not restricted to a
specific sex or gender identity and shall use appropriate signage
to indicate such facilities are designated for use by any person,
regardless or sex or gender identity.
B.
For purposes of complying with the requirements of this section,
single-occupancy restrooms that are designated handicapped accessible
can also be identified as non-gender-specific with appropriate signage
for both designations.
C.
Nothing herein shall be construed as requiring the covered entity
or place of public accommodation to provide a single-occupancy restroom
or to make such restroom available to the public unless otherwise
required by law.
A covered entity or place of public accommodation may obtain
a waiver from the requirements of this chapter if it documents, in
writing, to the Construction Official's satisfaction that compliance
with this chapter would violate or conflict with the state plumbing
code or other duly adopted state law.
The requirements of this chapter shall take effect immediately,
except that existing covered entities and places of public accommodation
shall have 180 days from the date of adoption of the ordinance creating
this chapter to comply with its requirements by removing any existing
signs on the exterior of single-occupant restrooms that restrict use
to a single gender and replacing said signs with signs indicating
use by anyone regardless of sex or gender identity.
A.
During any inspection of a business or place of public accommodation
by the Municipal Construction Official, a Building Inspector, Code
Enforcement Official, Health Officer, Fire Inspector, or any other
local official responsible for the enforcement of any of the Township's
ordinances and lawfully on the premises, such inspector or official
may also inspect for compliance with this chapter.
B.
Upon receiving a complaint from a member of the public or employee
of a covered entity or place of public accommodation, a member of
the municipal construction staff shall inspect the business establishment
or public accommodation to determine compliance with this chapter.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $2,000
as determined by the Municipal Court Judge. Each day on which a violation
of this chapter exists shall be considered a separate and distinct
violation and shall be subject to imposition of a separate penalty
for each day of the violation as the Municipal Court Judge may determine.
