[Adopted 6-22-2021 by Ord. No. O-21-15]
A.
Statement of legislative findings and policy. 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, gender identity, or gender expression. In furtherance of that
policy, this section shall be deemed an exercise of the police power
of the Township of Montclair for the protection of the public health,
safety and morals and for the promotion of the general welfare.
B.
APPROPRIATE SIGNAGE
COVERED ENTITY
PLACE OF PUBLIC ACCOMMODATION
SINGLE-OCCUPANT RESTROOM or SINGLE-OCCUPANCY RESTROOM
UNISEX RESTROOM
Definitions. As used in this section, 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," "gender-neutral restroom," or
"unisex 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 principally 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 and
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.
C.
Requirements.
(1)
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 of sex or gender identity.
(2)
For purposes of complying with the requirements of this section,
single-occupancy restrooms that are designated handicapped accessible
can also be identified as unisex with appropriate signage for both
designations.
(3)
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.
D.
Exception. A covered entity or place of public accommodation may
obtain a waiver from the requirements of this section if it documents
in writing to the Construction Official's satisfaction that compliance
with this section would violate or conflict with the state plumbing
code or other duly adopted state law.
E.
Applicability. The requirements of this section 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 section 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.
F.
Enforcement.
(1)
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 section.
(2)
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 section.
G.
Violations and penalties. Any person who violates any provision of
this article 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 article 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.
