O-2021-041
2
ORDINANCE NO: 2021-04
3 AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI
4 SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 15
5 OF THE CODE OF ORDINANCES TO ADD ARTICLE Ill, THE
6 "MIAMI SHORES VILLAGE HUMAN RIGHTS
7 ORDINANCE;" PROVIDING FOR CONFLICTING
8 PROVISIONS; PROVIDING FOR SEVERABILITY;
9 PROVIDING FOR CODIFICATION; AND PROVIDING FOR
10 AN EFFECTIVE DATE.
11
12 WHEREAS, the Village Council of Miami Shores Village, Florida is committed to
13 promoting the opportunity for each person so desiring to obtain employment, housing,
14 and public accommodations of the person's choice in the Village without regard to actual
15 or perceived differences of race, color, national origin, religion, sex (including sexual
orientation and gender identity), intersexuality, marital and familial status, age, disability,
ancestry, height, weight, domestic partnership status, labor organization membership,
familial situation, or political affiliation; and
20 WHEREAS, the Miami Shores Village Council deems it to be in the public interest
21 to amend Miami Shores' Code of Ordinances to prohibit discrimination in employment,
22 housing, and public accommodations within Miami Shores Village, by any person.
24 NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF MIAMI SHORES
25 VILLAGE, FLORIDA, that:
27 Section 1. Recitals Adopted. That each of the above stated recitals is hereby
28 adopted and confirmed.
30 Section 2. The provisions of the Miami Shores Village Code of Ordinances are
31 hereby amended so as to create a new Article Ill as part of Chapter 15, to read as follows:
33 Chapter 15, Article Ill: Miami Shores Village Human Rights Ordinance
34
35 DIVISION 1. -GENERALLY
37 Sec. 15-36. -Definitions.
38
39 The following words, phrases or terms as used in this Article, unless context
40 indicates otherwise, shall have the following meanings for purposes of this Article:
41
42 means that person appointed pursuant to subsection 15-39(1 ).
43
44 means the chronological age of any individual who is 18 years or older.
45
1 Ancestry means a person's family or ethnic descent or the origin and background
2 surrounding a person's genealogical lineage.
3
4 Classification category means each category by which discrimination is
5 prohibited as set forth within this Article. These categories are as follows: race, color,
6 national origin, religion, sex (including sexual orientation and gender identity),
intersexuality, disability, marital and familial status, age, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, and political
affiliation.
9
10 Disability. Disabled persons are persons who:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
(1 )Have a physical or mental impairment that substantially limits one or
more of such person's major life activities.
a.
b.
C.
Major life activities means functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning and working.
Qualified, with respect to employment, means such individual
can perform the essential functions of the job in question with
reasonable accommodations, and with respect to public
services means an individual who, with or without reasonable
modifications to rules, policies, or practices, the removal of
architectural, communication, or transportation barriers, or the
provision of auxiliary aids and services, meets the essential
eligibility requirements for the receipt of services or the
participation in programs or activities provided by Miami
Shores Village.
Substantially limited means likely to experience difficulty in
securing, retaining, or advancing in employment because of a
disability.
34 Discriminatory practice means a willful act of discrimination against a person or
35 persons as further defined herein that is unlawful and prohibited.
36
37 Domestic partnership status means the presence or absence of a domestic
38 partnership and includes the state of being in a domestic partnership, separated, or not
39 in a domestic partner relationship. In this context, the term "separated" includes persons
40 who have previously been a part of a domestic partnership.
41
42 Employee means a person employed by an employer. It does not include any
43 person employed by parents, a spouse, or child.
44
1 means any person who has five or more full-time, full-time equivalent,
2 or part-time employees, in each of four or more calendar weeks in the current calendar
3 year.
4
5 includes "employee," "employer," and "person."
6
7 means the state of a person's being raised by, or currently living
8 with, a certain number of biological parents, or by a non-biological parent or parents, or
9 without parents, or by any individual or group of individuals who is protected by this
10 chapter.
11
12 means one or more individuals who have not attained the age of
13 18 years being domiciled with:
14
15
16
17
18
19
20
( 1)
(2)
A parent or another person having legal custody of such individual or
individuals; or
The designee of such parent or other person having custody, with the
written permission of such parent or other person.
20 means one or more individuals living as a single housekeeping unit.
22
27
means the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of the individual's designated
sex at birth.
28 means a numerical measurement from base to top of a human person, but
29 includes an expression of that measurement in relation to weight, or an individual's unique
30 physical composition through body size, shape, and proportions.
31
32 or means any building, structure or portion
33 thereof, or other facility occupied as, or designed or intended for occupancy as, a
34 residence by one or more families, and any vacant land which is offered for sale or lease
35 for the construction or location thereon of any such building, structure, or portion thereof,
36 mobile home, trailer or other facility. However, nothing in this Article shall apply to rooms
37 or units in housing containing living quarters occupied or intended to be occupied by no
38 more than four families living independently of each other, if the owner actually maintains
39 and occupies one of such living quarters as his residence.
40
41 means any person or entity contracted to perform work
42 or provide services to another entity as a nonemployee.
43
44 means natural bodily variations, which can include external
genitalia, internal sex organs, chromosomes, or hormonal differences that transcend
typical ideas of male and female .
1
2 Labor organization membership means the presence or absence of a person's
3 status either as a member or non-member, regarding any organization of any kind, or any
4 agency, or employee representation committee or plan, in which employees participate
s and which exists for the purpose, in whole or in part, of dealing with employers concerning
6 grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of
7 work.
8
9 Marital status means the presence or absence of a marital relationship and
10 includes the state of being married, separated, or unmarried. The term "unmarried"
11 includes persons who are single, divorced or widowed.
13 National origin means the origin of an ancestor, the country of origin of a person's
14 forbearers, naturally, by marriage or by adoption.
16 Owner means any person, including, but not limited to, a lessee, sublessee,
17 assignee, manager or agent, and also including Miami Shores Village and its departments
18 or other subunits, having the right of ownership or possession or the authority to sell or
19 lease any real property.
21 Person means one or more individuals, partnerships, associations, pol itical
22 subdivisions, labor unions, organizations, cooperatives, mutual companies, joint-stock
23 companies, unincorporated organizations, trusts, trustees, or receivers, legal
24 representatives, for-profit and not-for-profit associations and corporations, and business
25 associations of whatever kind including, without limitation, general partnerships, limited
26 liability partnerships, corporations, limited liability companies, business trusts, and joint
27 ventures.
29 Political affiliation means ideological support of or opposition to, membership in,
30 or donation of value to an organization or person, which is engaged in supporting or
31 opposing candidates for public office or influencing or lobbying any incumbent holder of
32 public office on any single or number of issues, which may be before any governmental
33 branch.
34
35 Prospective employee means a person seeking employment from an employer.
36
37 Public accommodations means any
1 establishment, service, place or building which offers, sells or otherwise makes
available to the public any good, service, facility, privilege or advantage. Each of the
following establishments which services the public is a place of public accommodation
within the meaning of this article:
2 (a)An inn, hotel, motel or other place of lodging, except for an establishment located
within a building that contains not more than five (5) rooms for rent or hire and that is
actually occupied by the proprietor of such establishment as the residence of such
proprietor;
3 (b)A restaurant, bar or other establishment serving food or drink;
4 (c)A motion picture house, theater, concert hall, stadium, or other place of exhibition or
entertainment;
s (d)An auditorium, convention center, lecture hall or other place of public gathering.
6 (e)A bakery, grocery store, clothing store, hardware store, shopping center, or other
sales or rental establishment;
7 (f)A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe
repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy,
insurance office, professional office of a health care provider, hospital or other service
establishment;
8 (g)A terminal, depot or other station used for specified public transportation including
but not limited to taxis, limousines and buses.
9 (h)A museum, library, gallery or other place of public display or collection;
10 (i) A park, zoo, amusement park or other place of recreation;
11 (j) A nursery, elementary, secondary, undergraduate or postgraduate private school, or
other place of education;
12 (k) A day care center, senior citizen center, homeless shelter, food bank, adoption
agency or other social service center establishment; and
13 (I) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or
recreation.
14 (m) Any area or structure provided for the purpose of storing personal property.
1s (n) Gas station retailers. For purposes of this article, "gas statioh retailer" shall mean
any full service gasoline station; or any self-service gasoline station that has two or
more attendants on duty at any given time during the hours the station is open for
business to the public.
16 (o) A gasoline station. For purposes of this article, "gas station" shall mean that portion
of property where flammable and combustible liquids used as motor fuels are stored
and subsequently dispensed from fixed, approved dispensing equipment into fuel tanks
of motor vehicles by any person.
17
6
7 Public services means services, programs, or activities of Miami Shores Village.
8
9 Real property means any land, buildings, fixtures, and all other improvements to
10 land. The terms "land," "real estate," "realty," and "real property" may be used
11 interchangeably.
12
13 Rent means to lease, sublease, assign, let, or otherwise grant for a consideration
14 the right to occupy premises not owned by the occupant.
15
16 Sale includes any contract to sell, exchange, convey, transfer, or assign legal or
17 equitable title to, or a beneficial interest in, real property.
18
19 Sex includes a sex stereotype; pregnancy, childbirth, or a related medical
21
condition; sexual orientation or gender identity; and sex characteristics, including intersex
traits.
22 Sexual orientation means heterosexuality, homosexuality, or
23 bisexuality.
24
25 Weight means a numerical measurement of a human body's relative mass or the
26 quantity of matter contained by it, giving rise to downward force, or an individual's unique
27 physical composition through body size, shape, and proportions, and may be influenced
28 by another person's impression of that individual as fat or thin, regardless of the numerical
29 measurement.
30
31 Sec. 15-37. -Miami Shores Village Human Rights Ordinance.
32
33 This Article shall be known and may be cited as the "Miami Shores Village
34 Human Rights Ordinance."
35
36 Sec. 15-38. -Purpose; declaration of policy.
37
38
39
40
41
42
43
44
45
46
( 1)Declaration of Policy. In Miami Shores Village, with its cosmopolitan
population consisting of people of every race, color, national origin, religion,
sex (including sexual orientation and gender identity), intersexuality, marital
and familial
status, and age, some of them who are disabled, as defined under section
15-36 hereof, it is antithetical to the health, morals, safety and welfare of
Miami Shores Village and its inhabitants for Miami Shores Village to tolerate
prejudice because of actual or perceived differences of race, color, national
origin, religion, sex (including sexual orientation and gender identity),
intersexuality,
marital and familial status, age, disability, ancestry, height, weight, domestic
1
2
3
4
5
6
8
9
10
11
13
14
21
(2)
partner status, labor organization membership, familial situation, or political
affiliation. Miami Shores finds and declares that prejudice, intolerance,
bigotry, and discrimination, and disorder occasioned thereby, threaten the
rights and proper privileges of its inhabitants, menace the very institutions,
foundations, and bedrock of a free, democratic society, and shall be
unlawful.
Purpose. The general purpose of this Article and the policy of Miami Shores
Village, in keeping with the laws of the United States of America and the
spirit of the Florida Constitution, is to promote through fair, orderly and
lawful procedure the opportunity for each person so desiring to obtain
employment, housing, and public accommodations of the person's choice
in Miami Shores Village without regard to actual or perceived differences of
race, color, national origin, religion, sex (including sexual orientation and
gender identity), intersexuality, marital and familial status, age, disability,
ancestry,
height, weight, domestic partnership status, labor organization
membership, familial situation, or political affiliation, and, to that end, to
prohibit discrimination in employment, housing and public accommodations
by any person.
22 DIVISION 2. -ADMINISTRATION
23
24 Sec. 15-39. -Administrative authority: powers and duties.
25
26
28
29
30
31
33
36
38
40
43
44
46
(1)
(2)
The provisions of this Article shall be administered and enforced by the
Miami Shores Village Manager or his/her designee. The Miami Shores
Village Manager or his/her designee shall hereinafter be referred to as the
"Administrator."
The Administrator's power and duties include the following:
a.
b.
d.
Receive written complaints as provided by this Article relative to
alleged unlawful discriminatory practices, and transmit those
complaints for proper handling;
Establish, administer, or review programs at the request of the Miami
Shores Village Council and make reports on such programs to the
Miami Shores Village Council;
Render to the Miami Shores Village Council any recommendation as
the Administrator shall choose to make;
Cooperate with and render technical assistance to federal, state,
local, and other public and private agencies, organizations and
institutions that are formulating or carrying on programs to prevent or
1
2
3
4
5
6
7
e.
eliminate the unlawful discriminatory practices covered by the
provisions of this Article; and
Conduct educational and public informational activities at the request
of the Miami Shores Village Council that are designed to promote the
policy of this Article.
7 Sec. 15-40. -Religious organizations.
9
14
The provisions in this Article relating to religious discrimination shall not apply to
any religious organization, association, society, or any nonprofit charitable or
educational organization operated, supervised, or controlled by or in
conjunction with a religious organization, association, or society.
15 Sec. 15-41. -Enforcement; Penalties
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
42
43
44
45
46
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Following adoption of this Ordinance, Miami Shores Village shall engage in
public education efforts to inform the public of the provisions of this Article.
Beginning upon this Ordinance becoming effective, the Miami Shores
Village Code Compliance Department shall begin a 180-day period of
providing written warnings for any noted violations of this Article in lieu of
any other enforcement penalties hereunder. Thereafter, the Miami Shores
Village Code Compliance Department may fully enforce all provisions of this
Article.
Any person alleging that an unlawful discriminatory practice has occurred
may report the alleged unlawful discriminatory practice to the Administrator,
or the Miami Shores Code Compliance Department and/or officers.
The Miami Shores Village Code Compliance Department shall, after
consultation with the Miami Shores Village Attorney, investigate such
alleged unlawful discriminatory practice.
If a code inspector (as defined in the Miami Shores Village Code of
Ordinances section 2-76) finds a violation of this Article to exist, the code
inspector shall prosecute such cases in front of the Miami Shores Code
Enforcement Board, as prescribed in Chapter 2, Article IV and Fla. Stat.
Chapter 162.
Penalties for violation of this Article shall be as set forth in Chapter 2, Article
IV and Fla. Stat. Chapter 162.
In addition to or in lieu of the fines, which may be imposed in subsection (6),
the following penalties may also be applied:
1
2
3
4
5
6
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
a.
e.
In the event of a finding of discrimination in either public
accommodations, housing, or employment, a letter may be sent
asking that the alleged offender desist from the actions complained
of.
In the event of a finding of discrimination in public accommodations
where the alleged offender holds a license to sell alcoholic
beverages, the hearing examiner may request that the Administrator
refer the violation to the appropriate state agency to determine
whether due cause exists under applicable state law to revoke such
license.
In the event of a finding of discrimination in either public
accommodations, housing, or employment where the alleged
offender holds an occupational license issued by Miami Shores
Village or is doing business with Miami Shores Village pursuant to a
contract, the Miami Shores Code Enforcement Board may request
that the Administrator direct the appropriate Miami Shores Village
department to conduct an investigation to determine whether due
cause exists to revoke such license or contract.
In the event of a finding of discrimination in either public
accommodations, housing, or employment, the Miami Shores Code
Enforcement Board may request that the Administrator direct the
appropriate Miami Shores Village department to conduct an
investigation to determine whether the alleged offender has violated
any other Miami Shores Village ordinance, which applies to the
alleged discriminatory conduct.
In the event of a finding of discrimination in either public
accommodations, housing, or employment, the Miami Shores Code
Enforcement Board may request that the Administrator refer the
alleged discriminatory practice to the appropriate and applicable
state and/or federal agency(ies) for further investigation, action, and
handling (including, without limitation, determination by such
appropriate/applicable agency(ies) as to whether the alleged
offender has violated any state or federal law which applies to the
alleged discriminatory conduct.
40 Sec. 15-42. -Additional remedies.
41
42 The procedures prescribed by this Article do not constitute an administrative
43 prerequisite to another action or remedy available under other law. Further, nothing in this
44 Article shall be deemed to modify, impair, diminish, limit, or otherwise affect any right or
45 remedy conferred by local, state, or federal law.
46
I
1
2
3
4
-�........-------' 2021.
5
6 Ysabel
7 Village d'<'T"':-�'-----
8
9 APPROVED AS TO FORM:
10
11
12
13 Richard Sarafan
14 Village Attorney
sandraHarris, Mayor