The Eagle 07 27 17 - page 2

A
SSOCIATED
N
EWSPAPERS OF
M
ICHIGAN
P
AGE
2
July 27, 2017
B
ELLEVILLE
- N
ORTHVILLE
ORDINANCE NO. 194-B
AN ORDINANCE TO AMEND CHAPTER 54 OF THE WESTLAND CITY CODE
BY DELETING CURRENT SECTIONS 54-1 THROUGH 54-72 AND ADOPTING
NEW SECTIONS 54-1 THROUGH 54-11 TO PROHIBIT DISCRIMINATION AGAINST
ANY PERSON BASED UPON A LEGALLY PROTECTED STATUS, INCLUDING DISCRIMINATION
BASED UPON A PERSON’S GENDER IDENTITY OR SEXUAL ORIENTATION.
It is hereby ordained:
Section 1.
That current Sections 54-1 through 54-72, inclusive, of the Westland City Code are hereby repealed and
deleted, and new sections 54-1 through 54-11 shall be adopted to provide as follows:
“Chapter 54 - HUMAN RELATIONS – NON-DISCRIMINATION
Sec. 54-1. - Intent.
It is the intent of the City that no person be denied equal protection of the laws; nor shall any person be denied the enjoyment
of his or her civil or political rights or be discriminated against because of actual or perceived race, color, religion, national origin,
sex, age, height, weight, condition of pregnancy, marital status, physical or mental limitation, source of income, family responsi-
bilities, sexual orientation, gender identity or HIV status.
Sec. 54-2. - Definitions.
As used in this chapter, the following words and phrases shall have the following meaning:
Age
means chronological age.
Discriminate
means to make a decision, offer to make a decision, or refrain from making a decision, based in whole or in part
on the actual or perceived race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, marital status, phys-
ical or mental limitation, source of income, family responsibilities, sexual orientation, gender identity, or HIV status of another per-
son, that person’s relatives, or that person’s associates. Discrimination based on sex includes sexual harassment, which means
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature
when:
(1) Submission to such conduct or communication is, either explicitly or implicitly, made a term or condition of obtaining
employment, public accommodations, or housing;
(2) Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting
such individual’s employment, public accommodations or housing; and/or
(3) Such conduct or communication has the purpose or effect of substantially interfering with an individual’s employment,
public accommodations or housing, or creating an intimidating, hostile, or offensive employment, public accommodations,
or housing environment.
Discrimination based upon actual or perceived physical or mental limitation includes discrimination because of the use of adap-
tive devices or aids by an individual.
Family responsibilities
means the state of being or the potential to become a contributor to the support of a person or persons
in a family relationship.
Gender identity
means a person’s actual or perceived gender, including a person’s gender identity, self-image, appearance,
expression, or behavior, whether or not that gender identity, self-image, appearance, expression, or behavior is different from that
traditionally associated with the person’s sex at birth as being either female or male.
HIV status
means the physical condition of a person who has, or has been diagnosed as having been infected with, the human
immunodeficiency virus, whether or not that person has or has been diagnosed as having acquired immunodeficiency syndrome or
acquired immunodeficiency syndrome related complex.
Housing facility
means any dwelling unit or facility used for a person to regularly sleep and keep personal belongings includ-
ing, but not limited to, a house, apartment, rooming house, housing cooperative, hotel, motel, tourist home, retirement home or
nursing home.
Marital status
means the state of being married, unmarried, divorced, or widowed.
Mental limitation
means a limitation of mental capabilities unrelated to one’s ability to safely perform the work involved in
jobs or positions available to such person for hire or promotion; a limitation of mental capabilities unrelated to one’s ability to
acquire, rent and maintain property; or a limitation of mental capabilities unrelated to one’s ability to utilize and benefit from the
goods, services, activities, privileges and accommodations of a place of public accommodation. “Mental limitation” includes, but
is not limited to, developmental and psychological disabilities. “Mental limitation” does not include any condition caused by the
current use of alcohol or the current illegal use of a controlled substance.
Perceived
means the perception of the person who acts, and not the perception of the person for or against whom the action is
taken.
Physical limitation
means a limitation of physical capabilities unrelated to one’s ability to safely perform the work involved in
jobs or positions available to such person for hire or promotion; a limitation of physical capabilities unrelated to one’s ability to
acquire, rent and maintain property; or a limitation of physical capabilities unrelated to one’s ability to utilize and benefit from the
goods, services, activities, privileges and accommodations of a place of public accommodation. “Physical limitation” includes, but
is not limited to, blindness or partial sightedness, deafness or hearing impairment, muteness, partial or total absence of physical
member, speech impairment and motor impairment. “Physical limitation” does not include any condition caused by the current use
of alcohol or the current illegal use of a controlled substance.
Place of public accommodation
means an educational, governmental, health, day care, entertainment, cultural, recreational,
refreshment, transportation, financial institution, accommodation, business or other facility of any kind, whose goods, services,
facilities, privileges, advantages or accommodations are extended, offered, sold or otherwise made available to the public, or which
receives financial support through the solicitation of the general public or through governmental subsidy of any kind.
Sex
means the status of being a man/boy or woman/girl, and a person’s conformity to sex stereotypes. Sex shall further be
defined to include a person’s gender identity.
Sexual orientation
means male or female homosexuality, heterosexuality, or bisexuality, by orientation or practice, whether past
or present. This includes emotional, romantic, and/or sexual attractions, or the absence thereof, to other people. Sexual orienta-
tion also refers to a person’s sense of identity based on those attractions, related behaviors, and membership in a community of oth-
ers who share those attractions.
Source of income
means any legal source from which a person obtains money.
Sec. 54-3. - Discriminatory housing practices.
(a) No person shall discriminate in leasing, selling or otherwise making available any housing facilities.
(b) No person shall discriminate in the terms, conditions, maintenance, or repair in providing any housing facility.
(c) No person shall refuse to lend money for the purchase or repair of any real property or to insure any real property solely because
of the location in the City of such real property.
(d) No person shall promote real estate transactions by representing that changes are occurring or will occur in an area with respect
to race, religion or national origin.
(e) No person shall place a sign or other display on any real property which indicates that the property is for sale or has been sold
when it is not for sale or has not recently been sold.
Sec. 54-4. - Discriminatory public accommodations practices.
No person shall discriminate in making available full and equal access to all goods, services, activities, privileges and accom-
modations of any place of public accommodation. No person shall prohibit a breastfeeding mother from or segregate a breastfeed-
ing mother within any public accommodation where she and the child would otherwise be authorized to be.
Sec. 54-5. - Discriminatory employment practices.
(a) No person shall discriminate in the employment, compensation, work classifications, conditions or terms, promotion or demo-
tion, or termination of employment of any person.
(b) No person shall discriminate in limiting membership, conditions of membership or termination of membership in any labor
union or apprenticeship program.
Sec. 54-6. - Other prohibited practices.
(a) No person shall adopt, enforce or employ any policy or requirement, publish, post or broadcast any advertisement, sign or
notice which discriminates or indicates discrimination in providing housing, employment or public accommodations.
(b) No person shall discriminate in the publication or distribution of advertising material, information or solicitation regarding
housing, employment or public accommodations.
(c) No agent, broker, labor union, employment agency or any other intermediary shall discriminate in making referrals, listings or
providing information with regard to housing, employment or public accommodations.
(d) No person shall coerce, threaten or retaliate against a person for making a complaint or assisting in the investigation regarding
a violation or alleged violation of this chapter, nor require, request, conspire with, assist or coerce another person to retaliate
against a person for making a complaint or assisting in an investigation.
(e) No person shall conspire with, assist, coerce or request another person to discriminate in any manner prohibited by this chap-
ter.
Sec. 54-7. - Information and investigation.
(a)
Any person claiming a violation of this chapter shall file a signed, written complaint with the Mayor or his designee
setting forth the details, including the names, dates, witnesses and other factual matters relevant to the claim, within 180 days of
the incident forming the basis of the complaint.
(b)
No person shall provide false information to any authorized employee investigating a complaint regarding a violation
of this article.
(c)
In the course of the investigation, the investigator may request a person to produce books, papers, records or other doc-
uments which may be relevant to a violation or alleged violation of this article. If said person does not comply with such request,
the City attorney may apply to the county circuit court for an order requiring production of said materials.
(d)
Within 30 days of a written complaint being filed, the investigator shall undertake an investigation of any complaint
alleging a violation of this article not currently recognized or proscribed by Michigan or federal anti-discrimination statutes, and
cause all other complaints to be referred to an appropriate state or federal agency for review. After the completion of an investiga-
tion, the investigator shall give written notice of the results of the investigation to the person who filed the complaint and the per-
son accused of the violation. If the investigation establishes that a violation of this article occurred, the investigator shall attempt
to resolve the matter by conciliation and persuasion or refer the complaint to the City attorney for prosecution in a court of com-
petent jurisdiction.
Sec. 54-8. - Conciliation agreements.
In cases involving alleged violations of this chapter, the City may enter into agreements whereby persons agree to
methods of terminating discrimination or to reverse the effects of past discrimination. A violation of such an agreement shall be a
violation of this chapter. The City attorney may commence a civil action to enforce a conciliation agreement.
Sec. 54-9. - Discriminatory effects.
No person shall adopt, enforce or employ any policy or requirement which has the effect of creating unequal opportunities accord-
ing to actual or perceived race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, source of income,
family responsibilities, sexual orientation, marital status, physical or mental limitation, gender identity or HIV status for a person
to obtain housing, employment or public accommodation, except for a bona fide business necessity. Such a necessity does not arise
due to a mere inconvenience or because of suspected or actual objection to such a person by neighbors, customers, or other per-
sons.
Sec. 54-10. - Exceptions.
Notwithstanding anything contained in this chapter, the following practices shall not be violations of this chapter:
(1) For a religious organization or institution to restrict any of its facilities of housing or accommodations which are operated as a
direct part of religious activities to persons of the denomination involved or to restrict employment opportunities for officers,
religious instructors and clergy to persons of that denomination.
(2) For the owner of an owner-occupied one-family or two-family dwelling, or a housing facility or public accommodation facil-
ity, respectively, devoted entirely to the housing and accommodation of individuals of one sex, to restrict occupancy and use
on the basis of sex.
(3) To limit occupancy in a housing project or to provide public accommodations or employment privileges or assistance to per-
sons of low income, over 55 years of age, or who are handicapped.
(4) To engage in a bona fide effort to establish an affirmative action program to improve opportunities in employment for minori-
ties and women.
(5) To discriminate based on a person’s age when such discrimination is required by state, federal or local law.
(6) To refuse to enter a contract with an un-emancipated minor.
(7) To refuse to admit to a place of public accommodation serving alcoholic beverages a person under the legal age for purchas-
ing alcoholic beverages.
(8) To refuse to admit persons under 18 years of age to a business providing entertainment or selling literature which the operator
of said business deems unsuitable for minors.
(9) For an educational institution to limit the use of its facilities to those affiliated with such institution.
(10) To provide discounts on products or service to students, minors and senior citizens.
(11) To discriminate in any arrangement for the sharing of a dwelling unit.
(12) To restrict use of lavatories and locker room facilities on the basis of sex.
(13) For a governmental institution to restrict any of its facilities or to restrict employment opportunities based on duly adopted
institutional policies that conform to federal and state laws and regulations.
(14) To restrict participation in an instructional program, athletic event or on an athletic team on the basis of age or sex.
Sec. 54-11. - Violations and penalties.
(a) A violation of any provision of this chapter is a civil infraction, punishable by a fine of not more than $500.00, plus the costs
of investigation and prosecution. Upon a finding or an admission of responsibility, the court may issue and enforce any judg-
ment, writ, or order necessary to enforce this chapter.
(b) Each day upon which a violation occurs shall constitute a separate violation.
(c) Nothing contained in this chapter shall be construed to limit in any way the remedies, legal or equitable, which are available
to the City or any other person for the prevention or correction of discrimination. Private actions and remedies shall be in addi-
tion to any actions for a violation which the City may take.”
Section 2.
That all other provisions of the Westland City Code shall remain in full force and effect.
Section 3. Severability.
The various parts, sections and clauses of this Ordinance are hereby declared to be severable.
If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the
remainder of the Ordinance shall not be affected thereby.
Section 4. Repeal.
All other Ordinances inconsistent with the provisions of this Ordinance are, to the extent of such
inconsistencies, hereby repealed.
Section 5. Publication.
The City Clerk shall cause this Ordinance to be published in the manner required by law.
Section 6. Effective Date.
This Ordinance shall become effective upon publication as required by law.
Adopted: July 17, 2017
Effective: July 27, 2017
Published: July 27, 2017
WL0070 - 072717 5 x 13.511
Rotary Club plans Annual Lucky Duck race
Administrative operations of
the Northville Parks and
Recreation Department will offi-
cially move to Northville
Township effective Jan. 1, 2018.
The city and township have
enjoyed a long-standing shared
services agreement regarding
the Northville Parks and
Recreation Department which
provides services to bothmunici-
palities.
The city has been providing
administrative functions of the
department, while Northville
Township has been providing 85
percent of the necessary operat-
ing costs. The parks and recre-
ation department has seen con-
tinued growth in services during
the past years, necessitating an
increase in staff members and
administrative needs. According
to a township spokesperson, the
increased demands have
become more than the city can
comfortably or effectively main-
tain, prompting the move to the
township.
Members of both the
Northville City Council and
Northville Township Board of
Trustees voted to approve the
transfer of the administrative
responsibility for parks and
recreation to the township effec-
tive Jan. 1, 2018. The move bene-
fits both communities by reliev-
ing the city of increasing bur-
dens on staff and permits the
township to use its financial and
administrative capabilities for
the increasing demands of the
parks and recreation depart-
ment, according to a prepared
statement fromthe township.
This is an administrative
change only and will not impact
the programming residents have
come to expect, the statement
continued.
“This action demonstrates the
continued successful collabora-
tion with the city to provide the
best andmost efficient parks and
recreation services for our resi-
dents,” said Northville Township
SupervisorRobert R. Nix, II.
For more information about
the programs and offerings of
Northville
Parks
and
Recreation, visit northvillepark-
sandrec.org.
More than a thousand little
ducks will be launched in
Belleville Lake next month, and
the first to reach the finish line in
Belleville Lake will be worth
$1,000.
The Rotary Club of Belleville
will sponsor the annual Lucky
Ducky Rubber Duck Race on
Belleville Lake at 6:30 p.m. Aug.
17, as part of the Annual
Belleville Bridge Walk and Taste
of Belleville.
Entries in the Lucky Ducky
race will cost $5 each, or five for
$20 and all proceeds from ticket
sales are used to help fund proj-
ects in the local community. The
Rotary Club has provided dic-
tionaries for third grade stu-
dents, coats for kids during the
winter months, adopted families
for the holidays and provided
college scholarships to local stu-
dents.
Prizes for the winning ducks
will include a $1,000 cash award
to the first-place duck; $250 to the
second place duck and $100 to
the thirdplace duck.
Each ticket purchased puts
one lucky duck into the race of
1,100 rubber ducks in the lake at
Horizon Park and winners need
not be present to claim their
prizes.
The annual Bridge Walk will
begin at Doane's Landing at Main
and Liberty streets at 5:30 p.m.
Aug. 17. After the walk, the Taste
of Belleville will take place on
High Street from 6-8 p.m.
Belleville restaurants will offer
samples of theirwares during the
event which will also feature a
Kids Activity Tent manned by the
Van Buren Township Parks and
Recreation staff. There will also
be a specialty game for kids pro-
videdby theBellevilleKiwanis.
For Lucky Ducky race tickets,
contact a Belleville Rotarian.
Tickets will also be sold on the
day of the race.
Sales of fewer than 500 tickets
will result in a 50/50 payout.
Information about the Rotary
Club
is
available
at
BellevilleRotary.org.
The Bridge Walk and Taste of
Belleville are sponsored by The
City of Belleville, the Belleville
Downtown
Development
Authority, Tucker Agency and
TwistedRooster.
This is an administrative change only and will not impact
the programming residents have come to expect.
Parks and recreation moves to township
1 3,4,5,6
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