The following words and phrases, when appearing in this ordinance,
shall have the meanings given to them under this section.
COMMERCIAL PROPERTY OR HOUSING
[Amended 9-21-2021 by Ord. No. 2021-01]
(1)
Any building, structure or facility, or portion thereof, which
is used, occupied or is intended, arranged or designed to be used
or occupied for the purpose of operating a business, an office, a
manufactory or any public accommodation;
(2)
Any building, structure, mobile home site or facility, or portion
thereof, which is used or occupied or is intended, arranged or designed
to be used or occupied as the home residence or sleeping place of
one or more individuals, groups or families, whether or not living
independently of each other; and
(3)
Any vacant land offered for sale, lease or held for the purpose
of constructing or locating thereon any such building, structure,
mobile home site, facility, business concern or public accommodation.
DISCRIMINATION
Any unlawful discriminatory act(s) taken by any person, employer,
entity, employment agency, or labor organization, with respect to
or involving a transaction related to employment, publicly offered
commercial property or housing accommodations on the basis of a person's
actual or perceived race, color, religious creed, ancestry, sex, national
origin, familial status, non-job-related disability or use of guide
or support animals because of blindness, deafness or mental or physical
disability of the user or because the user is a handler or trainer
of support or guide animals, or because of an individual's sexual
orientation, gender identity or gender expression.
[Amended 9-21-2021 by Ord. No. 2021-01]
DISCRIMINATORY ACTS
All acts or actions defined in the Pennsylvania Human Relations
Act as unlawful discriminatory practices as related to employment,
public accommodations, publicly offered commercial property or housing
accommodations on the basis of a person's actual or perceived race,
color, religious creed, ancestry, sex, national origin, handicap or
use of guide or support animals because of blindness, deafness or
physical handicap of the user or because the user is a handler or
trainer of support or guide animals, or because of an individual's
sexual orientation, gender identity or gender expression.
EMPLOYEE
Does not include any individuals who, as a part of their
employment, reside in the personal residence of the employer.
EMPLOYER
Any person who employs four or more employees, including
the Township, its departments, boards and commissions, and any other
governmental agency within the jurisdiction of the Township, save
those of any government agency whose laws may be deemed preemptive
of this ordinance.
GENDER IDENTITY OR EXPRESSION
Self-perception, or perception by others, as male, female
or nonbinary, including an individual's appearance, behavior, or physical
characteristics, that may be in accord with, or opposed to, one's
physical anatomy, chromosomal sex, or assigned sex at birth, and shall
include, but is not limited to, persons who are undergoing or who
have completed sex reassignment, are transgender, intersex or gender
variant.
ORDINANCE
This ordinance, which shall be referred to as the "Upper
Gwynedd Township Human Relations Ordinance."
PERSON
Any natural person, fraternal, civic or other membership
organization, corporation, general or limited partnership, proprietorship,
limited liability company, or similar business organization, including
the Township, its departments, boards and commissions, and any other
for-profit and nonprofit organization.
PUBLIC ACCOMMODATION
Any accommodation, resort or amusement which is open to,
accepts or solicits the patronage of the general public, including
but not limited to inns, taverns, roadhouses, hotels, motels, whether
conducted for the entertainment of transient guests or for the accommodation
of those seeking health, recreation or rest, or restaurants or eating
houses, or any place where food is sold for consumption on the premises,
buffets, saloons, barrooms or any store, park or enclosure where spirituous
or malt liquors are sold, ice cream parlors, confectioneries, soda
fountains and all stores where ice cream, ice and fruit preparations
or their derivatives, or where beverages of any kind, are retailed
for consumption on the premises, drug stores, dispensaries, clinics,
hospitals, bathhouses, swimming pools, barber shops, beauty parlors,
retail stores and establishments, theaters, motion picture houses,
airdromes, roof gardens, music halls, race courses, skating rinks,
amusement and recreation parks, fairs, bowling alleys, gymnasiums,
shooting galleries, billiard and pool parlors, public libraries, kindergartens,
primary and secondary schools, high schools, academies, colleges and
universities, extension courses and all educational institutions under
the supervision of this commonwealth, nonsectarian cemeteries, garages
and all public conveyances operated on land or water or in the air
as well as the stations, terminals and airports thereof, financial
institutions and all commonwealth facilities and services, including
such facilities and services of all political subdivisions thereof,
but shall not include any accommodations which are in their nature
distinctly private.
SEXUAL ORIENTATION
A person's sexual identity in relation to the gender to which
they are attracted, whether actual or perceived by others.
TOWNSHIP
The Township of Upper Gwynedd, Montgomery County, Pennsylvania.