[1]
Editor's Note: Former Chapter 25, Plumbing, adopted by Ord. No. 671, as amended,
was repealed 1-17-2018 by Ord.
No. 1717.
[Added 8-19-2020 by Ord.
No. 1784]
It is the policy of the City of Holland to exercise its police
power to ensure public safety, public health, and a person's
general welfare. It is the intent of the City that no individual be
denied equal protection of the laws, nor shall an individual be denied
the enjoyment of their civil rights or be discriminated against because
of age, race, national origin, color, disability, education, familial
status, sex, sexual orientation, gender expression, gender identity,
height, marital status, religion, source of income or weight.
[Added 8-19-2020 by Ord.
No. 1784]
(a)
The terms used in this chapter that are also defined in the Michigan
Elliot-Larsen Civil Rights Act, being MCLA § 37.2101 et
seq., and in the Michigan Persons With Disabilities Civil Rights Act,
being MCLA § 37.1101 et seq., shall have the same meaning
as used in those Acts unless otherwise defined herein.
(b)
DEPARTMENT
DISCRIMINATION or DISCRIMINATE
GENDER EXPRESSION
GENDER IDENTITY
SEXUAL ORIENTATION
As used in this chapter, the following words and phrases have the
following meanings:
The City's Department of Human Relations or a department
designated by the City Manager as part of the City Manager's
administrative plan.
Shall mean, without limitation, any act which, because of
age, race, national origin, color, disability, education, familial
status, sex, sexual orientation, gender expression, gender identity,
height, marital status, religion, source of income or weight results
in the unequal treatment, termination or separation of any person,
or denies, prevents, limits, adversely affects the benefits or enjoyment
by any person of (i) employment, (ii) the advertising, listing, showing,
inspection, negotiation, purchase, sale, exchange, ownership or financing
of an interest in real property or the leasing or occupancy of real
property, (iii) public accommodations, or (iv) public services.
A gender-based appearance, expression, or behavior of an
individual, regardless of the individual's assigned sex at birth.
An individual's internal sense of their own sex and
a defining component of sex.
Emotional, romantic, and/or sexual attractions, or the absence
thereof, to people. Sexual orientation also refers to a person's
sense of identity based on those attractions, related behaviors, and
membership in a community of others who share those attractions.
[Added 8-19-2020 by Ord.
No. 1784]
No person or persons shall discriminate against any person or
persons within the City regarding: (a) employment; (b) the advertising,
listing, showing, inspection, negotiation, purchase, sale, exchange,
ownership, or financing an interest in real property or the leasing
or occupancy of real property; (c) public accommodations; or (d) public
services on the basis of age, race, national origin, color, disability,
education, familial status, sex, sexual orientation, gender expression,
gender identity, height, marital status, religion, source of income
or weight.
[Added 8-19-2020 by Ord.
No. 1784]
This chapter shall not apply:
(a)
To a private club, or other establishment not in fact open to the
public, except to the extent that the goods, services, facilities,
privileges, advantages, or accommodations of the private club or establishment
are made available to the customers or patrons of another establishment
that is a place of public accommodation or is licensed by the state
under Act No. 8 of the Public Act of 1933, being MCLA § 436.1
et seq., the Michigan Liquor Control Act, as amended;[1]
[1]
Editor's Note: See now MCLA § 436.1201 et seq.
(b)
To a religious educational institution or an educational institution
operated, supervised, or controlled by a religious institution or
organization which limits admission or gives preference to an applicant
of the same religion;
(c)
To the rental of housing accommodations in a building which contains
housing accommodations for not more than two families living independently
of each other if the owner or a member of the owner's immediate
family resides in one of the housing accommodations, or to the rental
of a room or rooms in a single-family dwelling by a person if the
lessor or a member of the lessor's immediate family resides in
the dwelling;
(d)
To the rental of housing accommodations for not more than 12 months
by the owner or lessor where it was occupied by him/her and maintained
as his/her home for at least three months immediately preceding occupancy
by the tenant and is temporarily vacated while maintaining legal residence;
(e)
With respect to age or familial status only, to the sale, rental
or lease of housing accommodations meeting the requirements of federal,
state or local housing programs for senior citizens, or accommodations
otherwise intended, advertised, designed or operated, bona fide, for
the purpose of providing housing accommodations for persons 50 years
of age or older;
(f)
A governmental entity or agency where a person's qualification
is expressly limited by statute, charter, ordinance or policy as otherwise
provided at law;
(g)
Any conduct lawfully protected by the Holland City Charter or by
the Michigan Constitution or the United States Constitution; or
(h)
Any conduct that is exempt under the Michigan Elliot-Larsen Civil
Rights Act, Michigan Persons With Disabilities Act, or federal antidiscrimination
laws.
[Added 8-19-2020 by Ord.
No. 1784]
(a)
If any individual believes that they were discriminated against in
violation of this chapter, they may file a written complaint with
the Department within:
(1)
One hundred eighty[??] calendar days from the date of the individual's
knowledge of the allegedly discriminatory action; or
(2)
One hundred eighty calendar days from the date when the individual
should have known of the alleged discriminatory action.
If an individual fails to file a complaint alleging a violation
of this chapter within the specified time frame, the complaint will
not be considered by the City.
(b)
The complaint should be made in writing to the Department. The complaint
may be filed in person, by email, or by mail. Instructions for filing
the complaint shall be included on the City's website and with
printed forms.
(c)
The complaint must contain information about the alleged discrimination,
such as (i) name, address, and phone number of the complainant, (ii)
name, address, and phone number (to the extent available) of the party
alleged to have violated this chapter, and (iii) the location, date
and description of the alleged violation of this chapter.
(d)
Upon receipt, the Department will review the complaint and take appropriate
action with respect to the matter, including, but not limited to:
(1)
If involving the City or a City employee, investigating the complaint
and attempting to resolve it by informally mediating the complaint.
(2)
Referring the complaint to the Fair Housing Center of West Michigan
or its successor or to the Michigan Department of Civil Rights for
investigation and remedy.
(3)
Requesting that a person to produce books, papers, records or other
documents which may be relevant to a violation or alleged violation
of this chapter. If said person does not comply with such request,
the City may apply to the Circuit Court for an order requiring production
of said materials.
(e)
The Department will take action on the complaint within 30 days of
receipt of the complaint. If additional time is necessary, the Department
will notify the complainant of the need for additional time.
(f)
All communications with the complainant regarding actions taken or
additional time necessary will be in writing or by electronic communication.
(g)
All complaints received by the Department and responses from the
respondent will be retained by the City for at least three years.
(h)
Neither the filing of a complaint with the Department nor the filing of an action filed by the City under Section 25-6 shall be deemed to bar (1) a private action by the complainant; or (2) a complaint directly with the Michigan Department of Civil Rights to enforce their rights to protect against discrimination under state or federal law.
(i)
No individual shall provide false information in a complaint or to
any authorized individual investigating a complaint regarding an alleged
violation of this chapter.
[Added 8-19-2020 by Ord.
No. 1784]
For any complaint not within the jurisdiction of the Michigan Department of Civil Rights, the City may initiate an action to prosecute a violation of this chapter on the basis of an investigation initiated by a complaint filed under Section 25-5 and may act based on the evidence gathered by, or findings of, the Department or otherwise.
[Added 8-19-2020 by Ord.
No. 1784]
(a)
Any person who violates this chapter shall be responsible for a municipal
civil infraction, and upon a determination or admission of responsibility
shall be subject to a civil fine of not more than $500, costs of prosecution
and such other costs, damages, expenses, sanctions, and remedies as
authorized by law, including but not limited to those specified in
the Revised Judicature Act, and specifically MCLA § 600.8302,
as amended. The director of the Department is designated as the enforcing
officer under this section.
(b)
Any person who violates this chapter shall be deemed in default with
the City and not eligible for official appointment or the award of
a contract by or with the City while in violation, as provided in
Holland City Charter 4.17.
[Added 8-19-2020 by Ord.
No. 1784]
The Department will provide an annual report to City Council
promptly after the close of each fiscal year regarding the complaints
received and actions taken.
[Added 8-19-2020 by Ord.
No. 1784]
This chapter shall:
(a)
Be interpreted liberally to achieve the purposes set forth above;
(b)
Not be read to prohibit or interfere with a person's, or a religious
institution's, free exercise of religion as protected by the
First Amendment to the United States Constitution and Article I, § 4,
of the Michigan Constitution.
