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HomeMy WebLinkAboutordinance.council.060-77RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 60 (Series of 1977) .AN ORDINANCE AMENDING THE ASPEN MUNICIPAL CODE BY THE ADDITION OF SECTION 13-98 TO CHAPTER 13 OF SAID CODE PROHIBITING DISCRIMINATORY PRACTICES RELATING TO EMPLOYMENT, i~OUSING, AND PUBLIC SERVICES AND ACCO~x~ODATIONS AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATION THEREOF WHEREAS, the City Council desires to amend the Aspen Municipal Code by the addition of Section 13-98 to Chapter 13 of said Code for the benefit of the City of Aspen, N~$, THEREFORE, JE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Chapter 13 of the Aspen Municipal Code is hereby amended by the addition of Section 13-98 which reads as follows: Sec. 13-98. Discriminatory Practices Prohibited. (a) Definitions. (1) Discrimination. "Discrimination" or "to discriminate" means, without limitation, any act which because of race, color, creed, religion, ancestry, national origin, sex, age, marital status, physical handicaps, affectional or sexual orientation, family responsibility, or political affiliation, results in the unequal treatment or separation of any person or denies, prevents, limits or otherwise adversely affects, the benefit or enjoyment by any person of employment, ownership or occupancy of real property or public services or accommodations. ~uch discrimination is unlawful and is a violation RECORD OF PROCEEDINGS 100 Leaves (b) of this ordinance, provided, however, that the physical condition of an existing building or structure shall not, of itself, constitute discrimination. (2) Housing. "Housing" means any building, structure, vacant land or part thereof during the period it is advertised, listed or offered for sale, lease, rent or transfer of ownership, and during the period while it is being sold, leased or rented. (3) Public Services or Accommodations. "Public services or accommodations" means any place of business engaged in any sales to the public and any place offering services, facilities, privileges, advantages or accom- modations to the public. (4) Person. "Person" means any individual, firm, partnership, corporation, association, organ- ization, unincorporated organization, labor union, government agency, incorporated society, statutory or common law trust, estate, executor, administrator, receiver, trustee, conservator, liquidator, trustee in bankruptcy, committee, assignee, officer, employee, principal or agent, legal or personal representative, real estate broker or salesman or any agent or representative of any of the foregoing. Discriminatory employment practices prohibited, it shall be unlawful for any person who is an employer or employment agency, directly or indirectly, to discriminate against any employee with regard to -2- RECORD OF PROCEEDINGS 100 Leaves application for employment, hiring, occupational training, tenure, promotion, compensation, layoff, discharge, or any other term or condition of employ- ment except when based upon a bona fide occupational qualification. (c) Discriminatory housing practices prohibited. It shall be unlawful for any person, directly or indirectly, to discriminate against or to accord adverse, unlawful or unequal treatment to any other person with respect to the acquisition, occupancy, use and enjoyment of any housing, including the sale, ~ransfer, rental or lease thereof. (d) Discriminatory public services and accommodation practices prohibited. It shall be unlawful for a person engaged in providing services or accommodations to the public to, directly or indirectly, discriminate against any other person by refusing to allow the full and equal use and enjoyment of the goods, services, facilities, privileges, advantages, including accommodations, and the terms and condi- tions under which the same are made available, or to provide adverse, unlawful, or unequal treatment to any person in connection therewith. (e) Penalties and civil liability. Any person who violates the provisions of subsection (b) through (d) hereof shall be deemed guilty of an offense and upon conviction thereof shall be punished by a fine not exceeding Three Hundred Dollars ($300.00) or imprison- ment of not more than ninety (90) days or both such fine and imprisonment, at the discretion of the court. In addition, any person claiming to be -3- RECORD OF PROCEEDINGS 100 Leaves aggrieved by an unlawful discriminatory act shall have a cause of action in any court of competent jurisdiction for compensatory damages and such other remedies as may be appropriate, including specifically the issuing of restaining orders and such temporary or permanent injunctions as are necessary to obtain complete compliance with this ordinance. In addition, the prevailing party shall be entitled to reasonable attorney fees and costs. (f) Whenever it appears that the holder of a permit, license, franchise, ~enefit, or advantage, issued by the City of Aspen is in violation of this ordinance, notwithstanding any other action it may take or may have taken under the authority of the provisions of this ordinance, the City of Aspen may take such action regarding the temporary or permanent suspension of the violator's City of Aspen Business License, permit, franchise, benefit or advantage as it considers appropriate based on the facts disclosed to it. Section 2 If any provision of this ordinance or the application hereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or appli- cation, and to this end the provisions of this ordinance are declared to be severable. Section 3 That a public hearing on the ordinance shall be held on ~ 1977, at 1:~0 P.~. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. RECORD OF PROCEEDINGS 100 Leaves INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on the ~___ day of ATTEST: , 197~ Stack/Standby III May~ ~ /' Kathryn S~aut~r City Clerk FINALLY adopted, passed and approved on the ~ day of ~tacy ~ey III / hayor / / ATTEST: Kathryn S//[2, a'uter City ClerR RECORD OF PROCEEDINGS 1 O0.'Leaves STATE OF COLORADO ) ) ss COUN%~f OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen on ~ /~, 1972~, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, issue of ~/~ /? , 197 ~, and was and approved at a regular meeting of the City Council on Ordinance No. ~ provided by law. IN WITNESS WILEREOF, the seal of said City of Aspen, Colorado, day of ~ , 197 7' in its finally adopted 197 7, and ordered published as Series of 197 ~- of said City, I have hereunto set my hand and this ~q'~t_~