HomeMy WebLinkAboutOrdinances 1903A 10/05/1992~T9~ ~~
i
~ 6~
1 ~~~ 4192
2
3
4
5
6 ORDINANCE NO. 1903 - (~ N.C_S_
7
8
9 Introduced by Seconded by
10
11 Lynn Woolsey Brian Sobel
12
13
14 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA ADDING
15 CHAPTER 8.32 TO TITLE 8 OF THE PETALUIVIA MUNICIPAL CODE
16 PRO.HIBITIN('i DISCRIMINATION BASED UPON AIDS OR AN HIV CONDITION
17
18
19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
20 FOLLOWS:
21
22 Section 1. Title 8 of the City of Petaluma Municipal Code is hereby amended by
23 adding a new Chapter 8.32 to read:
24
25 CHAPTER 8.32
26 Sections:
27
28 8.32.010 Title
29 8.32.020 Policy
30 8.32.030 Findings
31 8.32.040 Prohibited Conduct
32 8.32.050 Definitions
33 8.32.060 Exceptions
34 8.32.070 Enforcement
35 8.32.080 Limitation of Actions
36 8.32.090 Waiver Not Valid
37 8.32.100 Application
38
39 8.32.010 -Title.
40 This Chapter of th e City of Petaluma Municipal Code may be cited as
41 the "AIDS Nondiscrimination Ordinance" of the City of Petaluma.
42
43 8.32.020 - Policv.
44 It is the policy of the City of Petaluma to eliminate discrimination based
45 on the fact that a person has AID5 or a related condition, or HIV infection. In
46 adopting this ordinance, the City Council of the City of Petaluma does not
47 intend to proscribe any activity the proscription of which would constitute an
1
Ord. 1903~NCS
A
infringement of the Constitution of the United States or the Constitution of the
State of California. Recognizing that existing federal and state enactments
proscribe such discrimination in some, but not all, circumstances, the City
Council finds that such enactments do not occupy the field of such arbitrary
discrimination, but that local regulation is both necessary and proper. This
chapter is not intended, and shall not be construed to apply to any person or
activity which is regulated by federal or state law, to the extent that application
of this chapter would conflict with such law or would unduly interfere with the
achievement of federal or state regulatory objectives. It is the intention of the
Council of the City of Petaluma that this chapter shall be interpreted to be
compatible with federal and state enactments, and in furtherance of the public
policies which those enactments express.
8.32.030 - Findings.
The Council of the City of Petaluma has studied documents and heard
testimony, and makes the following findings:
1. AIDS is a deadly disease which affects a substantial number of
Petaluma residents.
2. AIDS is caused by infection with Human Immune Virus (HIV,
"AIDS virus"), which is transmitted through significant exposure to certain
body fluids, most notably blood and semen. The Human Immune Virus cannot
be transmitted through casual contact or through the handling of food by
infected persons.
3. Nevertheless, unreasonable fear of contracting the disease has
caused landlords, employers, and providers of services to discriminate against
persons infected with the AIDS virus.
4. Such discrimination causes additional burdens to be placed on
those persons or entities who do not discriminate, particularly on public and
private non-profit groups engaged in health and social services to persons with
AIDS.
5. Such discrimination by landlords, employers and providers of
services gives those who engage in discriminatory practices an unfair
competitive advantage over those who do not.
6. Such discrimination is against the public policy of the State of
California and the United States, but state and federal enactments do not address
2
Ord 1903~NCS
all aspects of such discrimination, nor do they preempt local legislation. Local
action is therefore necessary to address the local impacts of such discrimination.
8.32.040 -Prohibited Conduct.
A. Discrimination Prohibited. Discrimination against any person
because that person has AIDS, an HIV condition, or any disease which cannot
be casually transmitted, is prohibited.
B. Retaliation Prohibited. It shall be unlawful for any person to
discriminate against a person who has:
(1) opposed any act or practice made unlawful by this
ordinance;
(2) supported this ordinance or its enforcement;
(3) filed a complaint under this ordinance;
(4) testified, assisted or proceeded in any way in any
investigation, proceeding or litigation under this
ordinance.
8.32.050 -Definitions.
A. "AIDS" means Acquired Immune Deficiency Syndrome.
B. "Business entity" means any person, partnership, corporation or
other entity, whether public or private, however organized, which provides
goods or services to the public. The existence of membership requirements
does not exempt any organization if (1) the only requirement for membership is
payment of dues, or (2) membership is restricted only by occupation, gender,
age or similar qualification which includes a substantial number of Petaluma
residents, with or without dues.
C. "Discrimination" includes but is not limited to the following
actions affecting a person based upon the knowledge or perception that the
person has an HIV disease or infection:
(1) By an Employer: Limiting, segregating, classifying or
taking any adverse action against an otherwise qualified
employee or job applicant;
(2) By an Employer: Not making reasonable
accommodations to the limitations of an otherwise
qualified applicant or employee so as to deprive any
3
Ord 1903~~CS
1 individual of employment opportunities, or otherwise
2 adversely affect his or her status as an employee;
3 (3) ~ and Employer: To fail or refuse to refer for
4 employment any individual, or otherwise to discriminate
5 against any individual.;
6 (4) ~ an Educational Institution: To deny admission,
7 services or use and enjoyment of facilities, or to impose
8 different terms or conditions upon admission, services, or
9 use and enjoyment of services;
10 (5) By a Health Care Provider or Business Entitv: To
11 exclude from participation in or to deny the benefits of the
12 services, programs or activities of the provider or entity,
13 or to provide such services, programs or activities on less
14 favorable terms;
15 (6) By Any Person: Doing any of the acts described in this
16 definition of discrimination because a person associates
17 with a person who has or is perceived to have an HIV
18 condition;
19 (7) In Housing: To refuse to rent or lease a rental unit,
20 refuse to negotiate for the rental or lease of a rental unit,
21 evict from a rental unit, or otherwise deny to or withhold
22 a rental unit or services connected therewith from any
23 person, or to rent or lease a rental unit or provide related
24 services on less favorable terms.
25 D. "Educational Institution" means any corporation, partnership or
26 business entity engaged in training, classes or education of adults or children.
27 E. "Employer" means any person regularly employing one or more
28 persons, or any person acting directly or indirectly as the agent of an employer,
29 including an employment agency.
30 F. "Health Care Provider" means any person or facility licensed or
31 certified by the state or any emergency medical services agency to provide
32 health care, including medical transport, prehospital emergency care, dental
33 care and mental health care.
34 G. "HIV" means the infectious agent known as Human Immune
35 Virus, Human Immunodeficiency Virus, HTLV-III, LAV or AIDS virus.
4
Ord 190 ~ CS
1 H. "HIV Condition" means AIDS, AIDS-Related Complex, or HIV
2 infection.
3 I. "Housing" means use or occupancy of any rental unit, including
4 dwelling units, guest rooms, hotel or motel rooms, suites or dormitories rented
5 or offered for rent for living or dwelling purposes, the land and building
6 appurtenant thereto, and all services, privileges and facilities supplied; in
7 connection with the use or occupancy thereof. This term shall also include
8 mobile homes whether rent is paid for the mobile home and the land upon
9 which it is located, or rent is paid for the land alone.
10 J. "Otherwise Qualified" describes a person with an HIV condition,
11 who, with or without reasonable modifications to rules, policies or practices or
12 the provision of auxiliary aids or services, meets the essential eligibility
13 requirements for the receipt of services or participation in programs or activities
14 or for employment or housing.
1.5 K. "Person" includes any individual or legal entity, public or
16 private, located or doing business within the City of Petaluma.
17
18 8.32.060 -Exceptions.
19 A. Owner-Occupied Dwellings. Nothing in this chapter shall be
20 construed to apply to the rental or leasing of any housing unit in which the
21 owner or lessor or any member of his or her family occupies the same dwelling
22 unit as the prospective tenant.
23 B. Employee Benefit Systems. Nothing in this chapter is intended to
24 require an employer to violate the conditions of a bona fide employee benefit
25 program. Notwithstanding the foregoing, an employee benefit program which
26 prohibits or is construed to prohibit the hiring of any person who would
27 otherwise be required to be hired under the provisions of this chapter, or which
28 purports to exclude coverage of HIV conditions either by its express terms or by
29 exclusion of conditions such as sexually-transmitted diseases or transfusion-
30 related conditions, is to that extent void as against public policy.
31 C. In-Home Employers. Nothing in this chapter shall apply to
32 employment of individuals to perform services in the place of residence of the
33 employer.
34 D. Bona Fide Occupational Qualifications. Nothing in this chapter
35 shall be deemed to prohibit selection or rejection based upon a bona fide
36 occupational qualification or the lack thereof. However, in any action brought
5
Ord 1903~NCS
1 under this chapter, if a party asserts that an otherwise prohibited practice is
2 justified by a bona fide occupational qualification, that party shall have the
3 burden of proving: (a) that the discrimination is in fact a necessary result of a
4 bona fide occupational qualification; and (b) that there exists no less
5 discriminatory means of satisfying the occupational qualification.
6 E. Lawful Insurance Practices. Discrimination as defined in this
7 chapter does not include actions taken by insurance companies which are
8 expressly permitted by state or federal law with respect to applicants or covered
9 persons or groups.
10 F. Religious Organizations. Discrimination as defined in this
11 chapter does not include bona fide restrictions by .religious organizations
12 limiting employment or services to persons of the same religion.
13
14 8.32.070 -Enforcement.
15 A. Any aggrieved person may enforce the provisions of this chapter
16 by means of a civil action for damages, injunction, and such other relief as the
17 court may allow.
18 B. Any person who permits, or who proposes to commit any act in
19 violation of this chapter may be enjoined therefrom by a court of competent
20 jurisdiction. An action for injunction under this section may be brought by any
21 aggrieved person, by the City Council, or by any person or entity which will
22 fairly and adequately represent the interests of the protected. class.
23 C. The criminal penalties imposed by Chapter 1 of this Code shall
24 not apply to violations of this chapter.
25
26 8.32.080 -Limitation of Actions.
27 Any action or complaint under this chapter must be commenced within
28 two (2) years of the date upon which the alleged discriminatory act. occurred.
29 This time period shall not begin to run until the aggrieved person discovers or
30 with reasonable diligence should have discovered the discriminatory act.
31
32 8.32.090 -Waiver Not Valid.
33 Any written or oral agreement to waive any of the provisions of this
34 ordinance is against public policy and therefore void.
6
Ord 1903~NCS
1 8.32.1.00 - ARplication.
2 A. The provisions of this ordinance shall apply within the City of
3 Petaluma.
4 B. To the extent permitted by public bidding laws, the City of
5 Petaluma shall require that all contract suppliers of goads or services comply
6 with the provisions of this ordinance. The City Council may waive this
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
requirement upon a fording that a specified countervailing public policy requires
doing so.
Section 2. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this ordinance. The City
Council of the City of Petaluma hereby declares that it would have passed and adopted this
ordinance and each and all provisions thereof irrespective of the fact that any one or more of
said provisions be declared unconstitutional.
Section 3. The City Clerk is hereby directed to post/publish this ordinance for the
period and in the manner required by the City Charter.
Section 4. This ordinance shall take effect thirty (30) days after its passage.
INTRODUCED and ordered posted/published this 21st day of September 1992 ,
1992.
ADOPTED this 5th day of October , 1992 by the following vote:
AYES: Read, Davis, Woolsey, Nelson, Vice Mayor Cavan , Mayor Hilligos
NOES: None
ABSENT: Sobel
Mayor
ATTE5 ~ APPROVED:
i Clerk ~i A orne
tY h' y
c:\word5\ord.doc
8/ 1.9192 (fmk)
rev. 9/10/92 (fmk)
rev. 9/15/92 (fmk)
7
Ord. 1903.NCS