[1]
Editor's Note — Ord. no. 5196 §1, adopted March 19, 2012, repealed sections 235.010 — 235.020 "discrimination prohibited" and "violation and penalty" in their entirety. Former sections 235.010 — 235.020 derived from CC 1984 §§14-110 — 14-111; ord. no. 3140 §§14-60 — 14-61; ord. no. 3631 §1, 3-3-1980; ord. no. 4433 §1, 3-2-1992. New sections 235.005 — 235.020 were enacted by ord. no. 5196 §1, 3-19-2012.
[Ord. No. 5196 §1, 3-19-2012]
A.
The purposes
of this Chapter are:
1.
To secure
for all individuals within the City freedom from any discriminatory
practice made unlawful by this Chapter.
2.
To implement
within the City the policies embodied in Missouri and Federal human
rights legislation and to promote cooperation between the City and
the State and Federal agencies enforcing that legislation.
[Ord. No. 5196 §1, 3-19-2012]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
The City Commission on Human Rights.
A person who has filed a complaint with the Commission alleging
that another person has engaged in a prohibited discriminatory practice.
A physical or mental impairment which substantially limits
one (1) or more of a person's major life activities, being regarded
as having such an impairment, or a record of having such an impairment,
which with or without reasonable accommodation does not interfere
with performing the job, utilizing the place of public accommodation,
or occupying the dwelling in question. For purposes of this Chapter,
the term "disability" does not include current, illegal
use of or addiction to a controlled substance as such term is defined
by Section 195.010, RSMo.; however, a person may be considered to
have a disability if that person:
Has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of, and is not
currently addicted to, a controlled substance or has otherwise been
rehabilitated successfully and is no longer engaging in such use and
is not currently addicted;
Is participating in a supervised rehabilitation program and
is no longer engaging in illegal use of controlled substances; or
Is erroneously regarded as currently illegally using, or being
addicted to, a controlled substance.
Any unfair treatment based on race, color, religion, national
origin, sex, gender identity, sexual orientation or age as it relates
to employment, disability or housing.
Any building, structure or portion thereof which is occupied
as, or designed or intended for occupancy as, a residence by one (1)
or more families, and any vacant land which is offered for sale or
lease for the construction or location thereon of any such building,
structure or portion thereof.
The gender-related identity, appearance, mannerisms or other
gender-related characteristics of an individual, with or without regard
to the individual's designated sex at birth.
Includes one (1) or more individuals, corporations, partnerships,
associations, organizations, labor organizations, legal representatives,
mutual companies, joint stock companies, trusts, trustees, trustees
in bankruptcy, receivers, fiduciaries or other organized groups of
persons.
All places or businesses offering or holding out to the general
public goods, services, privileges, facilities, advantages or accommodations
for the peace, comfort, health, welfare and safety of the general
public or such public places providing food, shelter, recreation and
amusement including, but not limited to:
Any inn, hotel, motel or other establishment which provides
lodging to transient guests, other than an establishment located within
a building which contains not more than five (5) rooms for rent or
hire and which is actually occupied by the proprietor of such establishment
as his/her residence;
Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain
or other facility principally engaged in selling food for consumption
on the premises including, but not limited to, any such facility located
on the premises of any retail establishment;
Any gasoline station, including all facilities located on the
premises of such gasoline station and made available to the patrons
thereof;
Any motion picture house, theater, concert hall, sports arena,
stadium or other place of exhibition or entertainment;
Any public facility owned, operated or managed by or on behalf
of this State or any agency or subdivision thereof, or any public
corporation; and any such facility supported in whole or in part by
public funds; or
Any establishment which is physically located within the premises
of any establishment otherwise covered by this Section or within the
premises of which is physically located any such covered establishment,
and which holds itself out as serving patrons of such covered establishment.
Includes to lease, to sublease, to let and otherwise to grant
for consideration the right to occupy premises not owned by the occupant.
A person who is alleged to have engaged in a prohibited discriminatory
practice in a complaint filed with the Commission.
An individual's real or perceived heterosexuality, homosexuality
or bisexuality.
Any act that is unlawful under this Chapter.
[CC 1984 §14-111; Ord. No. 3140 §14-61; Ord. No. 3631 §1, 3-3-1980; Ord. No. 5196 §1, 3-19-2012]
Any person, firm or corporation convicted of violating any provisions of this Chapter shall be punished by a fine as provided in Section 100.150 of this Municipal Code.
[CC 1984 §14-112; Ord. No. 3140 §14-62; Ord. No. 3631 §1, 3-3-1980; Ord. No. 4235 §7, 9-6-1988]
Any person who claims to have been injured by a discriminatory
housing practice may file a complaint with the City Manager. The complaint
shall be filed within one hundred eighty (180) days after the alleged
discriminatory housing practice occurred. For purposes of this Section,
all related violations with respect to one (1) dwelling shall be considered
as occurring on the last day such violations occurred. Complaints
shall be in writing and shall state the facts upon which the allegations
of the discriminatory housing practice are based. Upon receipt of
such complaint, a copy shall be furnished to the person or persons
who allegedly committed the alleged discriminatory housing practice.
[CC 1984 §14-122; Ord. No. 3140 §14-67; Ord. No. 3631 §1, 3-3-1980; Ord. No. 3712 §1, 4-6-1981]
A.
Nothing
in this Article shall apply to:
1.
Any single-family house sold or rented by the owner; provided that such owner does not own more than three (3) single-family houses at one time and, provided further, that the owner does not use in any manner the services of any real estate broker, agent or salesman, or the facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman or person; and, provided further, that the owner does not use any publication, notice or advertisement which is in violation of Section 235.090(A)(3) hereof.
2.
Rooms
or units in dwellings containing living quarters occupied or intended
to be occupied by no more than four (4) families independently of
each other, if the owner actually maintains and occupies one (1) of
such living quarters as a residence.
