[R.O. 1984 § 255.010; CC 1984 § 58.010]
The Board of Aldermen of the City of Camdenton hereby declares
it to be the public policy of said City to eliminate discrimination
and safeguard the right of any person to sell, purchase, lease, or
obtain real property without regard to race, color, religion, sex,
national origin, ancestry, age or handicap. This Chapter shall be
deemed an exercise of the Police powers of the City of Camdenton,
for the protection of the public welfare, prosperity, health and peace
of the people of said City.
[R.O. 1984 § 255.020; CC 1984 § 58.020]
For the purpose of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein unless
the context otherwise indicates:
Any unfair treatment based on race, color, religion, national
origin, ancestry, sex, age as it relates to employment or handicap.
Shall include any individual, firm, partnership or corporation.
[R.O. 1984 § 255.030; CC 1984 § 58.030]
A.
It
shall be a discriminatory practice and unlawful:
1.
For any person having the right, responsibility, or authority to
sell, rent, lease, assign or sublease any dwelling unit, commercial
unit or real property or any part or portion thereof or interest therein,
to refuse to sell, rent, lease, assign, or sublease any dwelling unit,
commercial unit, real property or part or portion thereof or interest
therein, to any person because of the race, color, religion, sex,
national origin, ancestry, or handicap of said person.
2.
For any person having the right, responsibility or authority to sell,
rent, lease, assign or sublease any dwelling unit, commercial unit
or real property or any part or portion thereof or interest therein,
to impose upon any person because of the race, color, religion, sex,
national origin, ancestry, age or handicap of such person unusual,
extraordinarily onerous terms, conditions or privileges in the sale,
rental, leasing, assignment or subleasing of any dwelling unit, commercial
unit or real property or any part or portion thereof or interest therein,
or to require a higher sale price or rental or otherwise impose terms
more burdensome upon any person because of race, color, religion,
sex, national origin, ancestry, age or handicap and which would not
be required of other persons.
3.
For any person engaged in lending money, guaranteeing loans, accepting
mortgages or otherwise making available funds for the purchase, acquisition,
construction, rehabilitation, repair, or maintenance of any dwelling
unit, commercial unit or real property or any part or portion thereof
or interest therein, to discriminate because of race, color, religion,
sex, national origin, ancestry, age or handicap of any person applying
for loans or guarantees or mortgages in lending money, guaranteeing
loans, accepting mortgages or otherwise making available funds for
the purchase, acquisition, construction, rehabilitation, repair or
maintenance of any dwelling unit, commercial unit or real property
or any part or portion thereof or interest therein, or to place unusual
extraordinary, onerous rates of interest, terms or conditions on the
lending of said money, the guaranteeing of said loans, acceptance
of said mortgages or the availability of such funds.
4.
For any person to discriminate in furnishing any facilities or services
to any dwelling unit, commercial unit, real property or any part or
portion thereof or interest therein, because of the race, color, religion,
sex, national origin, ancestry, age or handicap of any person making
application for such facilities or services.
5.
For any person in the real estate business, whether a dealer, broker
or regardless of the capacity in which serving to discriminate in
the selling, renting, leasing, assigning or subleasing of any dwelling
unit, commercial unit, real property or any part or portion thereof
or interest therein, against any person because of race, color, religion,
sex, national origin, ancestry, age or handicap of such person and
further, to indicate in any way that any dwelling unit, commercial
unit, real property or any part or portion thereof or interest therein,
is not available for inspection, sale, rental, lease, assignment or
sublease, or otherwise to deny or withhold any dwelling unit, commercial
unit, real property or any part or portion thereof or interest therein,
from any person because of race, color, religion, sex, national origin,
ancestry, age or handicap of such person.
6.
For any person to include in any agreement relating to the sale,
rental, lease, assignment or sublease of any dwelling unit, commercial
unit, or real property or any part or portion thereof or interest
therein, as a condition of said transaction, that the purchaser, renter,
tenant, occupant or assignee does agree not to sell, rent, lease,
assign or sublease the said dwelling unit, commercial unit, or real
property or any part or portion thereof or interest therein, to any
person because of race, color, religion, sex, national origin, ancestry,
age or handicap of such person.
7.
For any person to engage in any form of threats or reprisal, or to
engage in, or hire, or conspire with others to commits acts or activities
of any nature, the purpose of which is to harass, degrade, embarrass,
or to cause physical harm or economic loss to any person because such
person complies with the provisions of this Chapter or has opposed
any practice forbidden under this act, or has filed a complaint, testified
or assisted in any proceeding under this Chapter.
8.
For any person to aid, abet, incite, compel, coerce, cooperate or
participate in the doing of any act declared to be a discriminatory
practice under the provisions of this Chapter, or to obstruct or prevent
compliance with the provisions of this Chapter, or to attempt directly
or indirectly to commit any act declared by this Chapter to be a discriminatory
practice.
9.
For any person to induce or attempt to induce the sale or listing
for sale of any dwelling unit, commercial unit or real property or
any part or portion thereof or interest therein, by representing that
a change has occurred or will or may occur with respect to the racial,
religious or ethnic composition of the block, neighborhood or area
in which the property is located, or to induce or attempt to induce
such sale by representing that the presence or anticipated presence
of persons of any particular race, color, religion, sex, national
origin, ancestry, age or handicap in the area will or may result in:
10.
To make any representations to any prospective seller, real estate
broker, salesman, agent, owner, or to any financial institution for
the purpose of obtaining facts or evidence of a discriminatory practice
when such representation is not made for a bona fide purchase, rental
or lease of real property; provided, however, this Section shall not
apply to any person employed by the City or the State whose duty it
is to assist in the prosecution of violations of civil rights relating
to open housing.
11.
For any person having the right, responsibility or authority to sell,
rent, lease, assign or sublease any dwelling unit, commercial unit
or real property or any part or portion thereof or interest therein,
to directly or indirectly advertise, or in any other manner indicate
or publicize, that the purchase, rental, lease, sublease or assignment,
listing, showing or the lending of funds in connection with any dwelling
unit, commercial unit, real property or any part or portion thereof
or interest therein, by persons of any particular race, color, religion,
sex, national origin, ancestry, age or handicap is unwelcome, objectionable,
not acceptable, or not solicited.
[R.O. 1984 § 255.040; CC 1984 § 58.040]
A.
The
provisions of this Chapter shall not apply to the following:
1.
Any bona fide religious institutions with respect to any qualifications
it may impose based upon religion when such qualifications are related
to a bona fide religious purpose.
2.
A rental or leasing of a dwelling unit in a building which contains
housing accommodations for not more than two (2) families living independently
of each other if the owner or members of his/her family reside in
such dwelling unit.
3.
A rental or leasing to less than five (5) persons living in a dwelling
unit by the owner if the owner or members of his/her family reside
therein.
[R.O. 1984 § 255.050; CC 1984 § 58.050]
A.
Any
persons claiming to have been subjected to any discriminatory practice
as defined by this Chapter may file a complaint by appearing before
the Human Relations Commission of the City of Camdenton and furnishing
such information as the Human Relations Commission may require. Any
complaint filed pursuant to this Section must be filed with the Human
Relations Commission within sixty (60) days of the date of the alleged
incident.
B.
Every
complaint of violation of this Chapter shall be referred to the Human
Relations Commission of the City of Camdenton. The Human Relations
Commission shall forthwith notify the person against whom the complaint
is made. The identity of the aggrieved person shall be made known
to the person against whom the complaint is made at that time. If
the Human Relations Commission, after its investigation and the investigation,
if any, conducted by authorized employees of the City, finds that
there is no merit to the complaint, the same shall be dismissed. If
the Human Relations Commission finds that there is merit to the complaint,
in their opinion, then and in that event, the Human Relations Commission
will endeavor to eliminate the alleged discriminatory practice by
conference and conciliation.
C.
If
the Human Relations Commission is unable to eliminate the alleged
discriminatory practice be a conference and conciliation, then and
in that event, the Human Relations Commission shall forward said complaint
to the City Attorney for handling. The final determination of whether
or not to prosecute on said complaint shall be left to the City Attorney.
D.
The
Human Relations Commission shall be made up of five (5) registered
voters of the City of Camdenton, as appointed by the Mayor and approved
by the Board of Aldermen. The first two (2) members shall have a term
of one (1) year, the second two (2) members shall have a term of two
(2) years with the final one (1) member having a term of three (3)
years. All appointees beyond the previous staggered term shall have
a membership of three (3) years.
[R.O. 1984 § 255.060; CC 1984 § 58.060]
A.
Any
persons convicted of a violation of this Chapter shall be punished
by a fine of not more than five hundred dollars ($500.00), or by confinement
in the County Jail for not more than ninety (90) days, or by both
such fine and imprisonment.
B.
The
City Attorney, instead of filing a complaint in Municipal Court for
said City, may, as an alternative remedy, seek to have the alleged
discriminatory practices abated by an action for an injunction to
be maintained in the appropriate Circuit Court of the State of Missouri.
