ORDINANCE NO.          8672    

 

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING CHAPTER X, ARTICLE 1 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION, AND AMENDMENTS THERETO, PROHIBITING DISCRIMINATION ON THE BASIS OF GENDER IDENTITY IN HOUSING, PUBLIC ACCOMMODATIONS AND EMPLOYMENT WITHIN THE CORPORATE LIMITS OF THE CITY

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

Section 1.         Chapter X, Article 1, Section 10-101 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby amended to read as follows:

 

10-101  DECLARATION OF POLICY.

The practice or policy of discrimination against persons by reason of race, sex, religion, color, national origin, age, ancestry, familial status, sexual orientation, or disability, or gender identity is a matter of concern to the City of Lawrence, since such discrimination not only threatens the rights and privileges of the inhabitants of the city, but also menaces the institutions and foundations of a free democratic state.  It is hereby declared to be the policy of the City of Lawrence, in exercise of its police power for the protection of the public safety, public health and general welfare, for the maintenance of business and good government, and for the promotion of the city's trade and commerce, to eliminate and prevent discrimination, segregation, or separation because of race, sex, religion, color, national origin, age, ancestry, familial status, sexual orientation, or disability, or gender identity.  It is further declared to be the policy of the City of Lawrence to assure equal opportunity and encouragement for every person, regardless of race, sex, religion, color, national origin, age, ancestry, sexual orientation, or disability, or gender identity, to secure and hold, without discrimination, employment in any field of work or labor for which the person is otherwise properly qualified; to assure equal opportunity for all persons within this city to full and equal public accommodations and the full and equal use and enjoyment of the services, facilities, privileges and advantages of all governmental departments or agencies, and to assure equal opportunity for all persons within this city in housing, without distinction on account of race, sex, religion, color, national origin, age, ancestry, familial status, sexual orientation or disability, or gender identity. (Ord. 5436; Ord. 6522; Ord. 6658)

 

Section 2.         Chapter X, Article 1, Section 10-102 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto,  is hereby amended to read as follows:

 

10-102  DEFINITIONS

As used in this Article, the following words and phrases shall have the following meanings:

 

10-102.1 AFFIRMATIVE ACTION PROGRAM

means a positive program designed to ensure that a good faith effort will be made to employ applicants and to treat employees equally without regard to their race, sex, religion, color, national origin, age, ancestry, or disability, or gender identity.  An affirmative action program shall include, where applicable, but not be limited to, the following: recruitment, recruitment advertising, employment, upgrading, promotion, demotion, transfer, layoff, termination, rates of pay, other forms of compensation, other terms or conditions of employment, selection for training, and apprenticeship.  An affirmative action program shall include goals, methodology and a timetable for implementation of the program.  Submission of an affirmative action program to the Director shall be required only as:

 

(A) A provision of a conciliation agreement or order in the event of failure of conciliation;

 

(B) As required in Section 10-113 of this Article.  The words "applicants" and "employees" as used in this Subsection shall include Minority and Women Business Enterprise subcontractors in contracts addressed in Section 10-113 of this Article.

 

10-102.2 AGE

            means the chronological age of a person who is at least 40 years of age, but less           than 70 years of age.

 

10-102.3 AGGRIEVED PERSON

means any person who claims they are being or have been injured by an unlawfully discriminatory act or practice; and/or believes they will be injured by an unlawfully discriminatory act or practice that is about to occur.

 

10-102.4 COMMISSION

            means the Human Relations Commission as established by this Article.

 

10-102.5 COMPLAINANT

means an aggrieved person who has filed a written verified complaint alleging unlawful discrimination, or on whose behalf another person has filed such a complaint, in accordance with Section 10-108.1 of this Article.

 

10-102.6 CONCILIATION

means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the complainant, the respondent, and the Director or the Director's designee.

 

10-102.7 CONCILIATION AGREEMENT

            means a written agreement setting forth the resolution of the issues in conciliation.

                       

10-102.8CONTRACT

means any contract to which the City of Lawrence is a contracting party from the effective date of this ordinance except as otherwise provided in this Article, and specifically including "contract" as defined in Section 10-113.

 

10-102.9 DIRECTOR

means the Director of the Legal Department, Human Relations Division as established by this Article.

 

10-102.10 DISABILITY

            means, with respect to a person:

 

    (A)        a physical or mental impairment which substantially limits one or more of  such person's major life activities;

 

    (B)        a record of having such an impairment; or

 

    (C)        being regarded as having such an impairment.  Disability does not include current illegal use of, or addiction to, a controlled substance, as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802), in housing.  In employment  and public accommodations, the term "disability" does not include an individual who is currently engaging in the illegal use of drugs where possession or distribution of such drugs is unlawful under the Controlled Substances Act (21 U.S.C. 812), when the covered entity acts on the basis of such use.

 

10-102.11 EMPLOYEE

means any person employed by an employer, but does not include any individual employed by a member of his or her immediate family, as defined in Section 10-102.15, or in the domestic service of any person.

 

10-102.12 EMPLOYER

means any person in this city employing two (2) or more persons who are not members of such person's immediate family, as defined in Section 10-102.15, any person acting directly or indirectly for any employer, and labor organizations, nonsectarian organizations, and all political subdivisions of the city, state and federal governments.

 

10-102.13 EMPLOYMENT AGENCY

includes any person or government agency undertaking, with or without compensation, to procure opportunities to work or to procure, recruit, refer or place employees.

 

10-102.14 FAMILIAL STATUS

means one or more individuals, who have not attained the age of 18 years, being domiciled with:

 

    (A)        a parent or another person who has legal custody of such individual or individuals; or

 

    (B)        the designee of such parent or other person who has such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not, or individuals who have not, attained the age of 18 years.

 

10-102.15 FAMILY

includes a single individual; IMMEDIATE FAMILY means and includes parent, child, grandparent, grandchild, sibling and spouse.

 

10-102.16 FRATERNAL OR SOCIAL ORGANIZATION

shall mean and include organizations founded and operated primarily for social purposes and shall neither mean nor include organizations founded or maintained primarily for trade or professional purposes.

 

10-102.17 GENDER IDENTITY

Shall mean the persistent sense of one’s gender-related identity, appearance, behavior, and other characteristics of an individual, as perceived by the individual or another, and without regard to the individual’s actual or assigned sex at birth.

 

10-102.18 GOVERNING BODY

            means the Board of Commissioners of the City of Lawrence, Kansas.

 

10-102.19 HOUSING/REAL PROPERTY

            means and includes:

 

    (A)        All vacant  or unimproved land which is offered for sale or lease for the construction or location thereon of any building, structure, or portion thereof  which is occupied or designed or intended for occupancy as a residence by one or more families;

 

    (B)        Any residential or commercial building or structure having all or a portion thereof which is occupied or designed or intended for occupancy as a residence by one or more families.

 

10-102.20 LABOR ORGANIZATION

includes any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers on behalf of employees concerning grievances, terms or conditions of employment or other mutual aid or protection in relation to employment.

 

10-102.21 OFFICIAL OFFICE OF THE COMMISSION

means the Office of the Human Relations Department Division of the City of Lawrence, Kansas.

 

10-102.22 PERSON

means and includes one or more individuals, partnerships, associations, organizations, labor organizations, corporations, municipal corporations, quasi-municipal corporations, governmental agencies, public bodies, legal  representatives, trust,  trustees, trustees in bankruptcy, receivers, fiduciaries, mutual companies, joint-stock companies, liability companies, or unincorporated organizations.

 

10-102.23 PUBLIC ACCOMMODATION

means any person who caters or offers goods, services, facilities and accommodations to the public.  Public accommodations include, but are not limited to, any lodging establishment or food service establishment, as defined by K.S.A. 36-501 and amendments thereto; any bar, tavern, barbershop, beauty parlor, theater, skating rink, bowling alley, billiard parlor, amusement park, recreation park, swimming pool, lake, gymnasium, mortuary or cemetery which is open to the public; or any public transportation facility, and all governmental departments or agencies which serve the public.  Public accommodations do not include a religious or nonprofit  fraternal or social organization or corporation.

 

10-102.24 REASONABLE ACCOMMODATION

means making places of employment, public accommodations, and housing/real property readily accessible to and usable by persons with disabilities, including in rules, policies, practices, procedures, and services, in accordance with applicable local, state and federal laws and regulations.

 

10-102.25 RESPONDENT

means the person, as defined herein, against whom a written verified complaint alleging discrimination has been filed with the Director.

 

10-102.26 TO RENT

means to lease, sublease, to let, to assign or otherwise grant for a  consideration, the right to occupy premises not owned by the occupant.

 

10-102.27 SEXUAL ORIENTATION

means heterosexuality, homosexuality or bisexuality.  Sexual Orientation shall not mean conduct which is prohibited by law.  (Ord. 6658)

 

10-102.28 UNLAWFUL ACT OR PRACTICE

means any unlawful employment practice, any unlawful public accommodations practice, or any unlawful housing practice as defined herein.

 

10-102.29 UNLAWFUL EMPLOYMENT PRACTICE

means and includes those practices and acts specified as unlawful in Section 10-109 of this Article.

 

10-102.30 UNLAWFUL HOUSING PRACTICE

means and includes any act or practice specified as unlawful in Section 10-111 of this Article.

 

10-102.31 UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICE

means and includes any act or practice specified as unlawful in Section 10-110 of this Article.

 

10-102.32 WRITTEN VERIFIED COMPLAINT

means a complaint, in writing, alleging unlawful discrimination, filed in  accordance with Section 10-108.1 of  this Article, which has been witnessed and signed by a notary public.  (Ord. 5436; Ord. 6522; Ord. 6658)

 

Section 3.         Chapter X, Article 1, Section 10-109 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby amended to read as follows: 

 

10-109  UNLAWFUL EMPLOYMENT PRACTICES

            It shall be an unlawful employment practice for:

 

10-109.1 An employer to refuse to hire or employ or to bar or discharge from employment or to otherwise discriminate against any person in compensation or in the terms, conditions or privileges of employment, or to limit, segregate, separate, classify, or make any distinction with regard to employees, or to follow any employment procedure or practice which, in fact, results in discrimination, segregation or separation on the basis of race, sex, religion, color, national origin, age, ancestry, sexual orientation, or disability, or gender identity without a valid business motive. (Ord. 6658)

 

10-109.2 A labor organization to exclude or to expel any person from its membership or to discriminate in any way against any of its members or against any employer or any person employed by the employer on the basis of race, sex, religion, color, national origin, age, ancestry, sexual orientation, or disability, or gender identity.  (Ord. 6658)

 

10-109.3 Any employer, employment agency, labor organization or joint labor-management committee to print or circulate, or cause to be printed or circulated, any statement, advertisement or publication, or to use any form of application for employment or membership, or make any inquiry in connection with prospective employment or membership, which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, sex, religion, color, national origin, age, ancestry, sexual orientation, or disability, or gender identity or any intent to make any such limitation, specification or discrimination, unless based on a bona fide occupational qualification. (Ord. 6658)

 

10-109.4 Any employer, employment agency, labor organization or joint labor-management committee, to discharge, expel or otherwise discriminate against any person because he or she has promoted the provisions of this Article, or because he or she has filed a complaint, testified, or assisted in any proceeding, investigation or hearing authorized by this Article or by appropriate state or federal law.

 

10-109.5 An employment agency to refuse to list or properly classify for employment, or refuse to refer any person for employment or otherwise discriminate against any person because of race, sex, religion, color, national origin, age, ancestry, sexual orientation, or disability, or gender identity or to comply with a request from an employer for a referral of applicants for employment if the request expresses, either directly or indirectly, any limitation, specification or discrimination as to race, sex, religion, color, national origin, age, ancestry, sexual orientation, or disability, or gender identity unless such request represents a bona fide occupational qualification.  (Ord. 6658)

 

10-109.6 An employer, labor organization, employment agency, or school which provides, coordinates, or controls apprenticeship, on the job, or other training or retraining program, to maintain a practice of discrimination, segregation, or separation because of race, sex, religion, color, national origin, age, ancestry, sexual orientation, or disability, or gender identity in any aspect of such program, except where directly related to a bona fide occupational qualification.  (Ord. 6658)

 

10-109.7 Any person, whether an employer or an employee, or other to aid, abet, incite, compel, or coerce the doing of any acts forbidden under this Article, or to attempt to do so.

 

10-109.8 It shall not be an unlawful employment practice to fill vacancies in such a way as to eliminate or reduce imbalance with respect to race, sex, religion, color, national origin, age, ancestry or disability, or gender identity.  (Ord. 5436; Ord. 6522)

 

Section 4. Chapter X, Article 1, Section 10-110 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby amended to read as follows: 

 

10-110  UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICES

            It shall be an unlawful public accommodations practice for any person, who is the owner, operator, lessee, manager, administrator, public servant, agent or employee of any place of public accommodation:

 

10-110.1 To refuse, deny, segregate, separate, discriminate, or make a distinction, directly or indirectly, in offering its goods, services, facilities or accommodations to any person because of race, sex, religion, color, national origin, age, ancestry, sexual orientation, or disability, or gender identity.  (Ord. 6658)

 

10-110.2 To refuse, deny, segregate, separate, discriminate, or make a distinction, directly or indirectly, in any way, against any person in the full and equal use and enjoyment of the services, facilities, privileges, advantages or enforcement powers of any institution, department or agency of the City or any political subdivision thereof, or any other governmental entity within the City limits because of race, sex, religion, color, national origin, age, ancestry, sexual orientation, or disability, or gender identity.  (Ord. 6658)

 

10-110.3 For any person, whether or not specifically prohibited from discriminating under any provisions of this Article, to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this Article, or to attempt to do so.

 

10-110.4 To coerce, intimidate, threaten, retaliate against, or otherwise interfere with, any person, or attempt to do so, because he or she has promoted the provisions of this Article, or because he or she has filed a complaint, testified, or assisted in any proceeding, investigation or hearing authorized by this Article or by appropriate state or federal law.

 

10-110.5 Nothing in this Article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting its offerings of goods, services, facilities and accommodations to persons of the same religion, or from giving preference to such persons, provided that such offerings mentioned above are not, in fact, offered for commercial purposes.  Nor shall anything in this Article prohibit a religious or nonprofit fraternal or social organization or corporation, not in fact open to the public which, incident to its primary purpose, provides public accommodations as herein defined, for other than commercial purposes, from limiting such accommodations to its members or giving preference to its members.

 

10-110.6 Nothing in this Section shall require physical changes to make a place of public accommodation accessible to persons with disabilities unless required by other state, federal or municipal laws, statutes, ordinances or regulations, including the federal Americans with Disabilities Act.

 

10-110.7 Nothing in this Section shall prohibit the establishment of programs or other public accommodations designed and operated for a particular age group.  However, such public accommodations shall not discriminate on the basis of race, sex, religion, color, national origin, ancestry, sexual orientation, or disability, or gender identity.  (Ord. 5436; Ord. 6522; Ord. 6658)

 

Section 5.         Chapter X, Article 1, Section 10-111 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby amended to read as follows:

 

10-111  UNLAWFUL HOUSING/REAL PROPERTY PRACTICES

            It shall be an unlawful housing/real property practice for any person:

 

10-111.1 To refuse to sell, broker, appraise, assign, or rent, or make unavailable sales, brokerage, appraisal, assignment or rental services with regard to any housing/real property available for sale, assignment or rental, or fail to transmit, or otherwise make unavailable, any application for assignment or rental, or fail to transmit a bona fide offer or refuse to negotiate in good faith for the sale, assignment, or rental of such housing/real property, or otherwise make unavailable or deny any housing/real property or services or facilities in connection therewith, because of the race, sex,  religion, color, national origin, age, ancestry, sexual orientation, familial status, or disability, or gender identity of: any buyer, renter or person involved in any such transaction; any person residing in or intending to reside in the housing/real property before or after it is sold, rented, or made available; or any person associated with the buyer, renter, or any other person involved in any transaction or representation related to the sale, assignment or rental of housing/real property or services or facilities in connection therewith.  (Ord. 6658)

 

10-111.2 To make, print, publish, disseminate or use, or cause to be made, printed, published, disseminated or used, any notice, statement, advertisement or application with respect to the sale or rental of housing/real property, that indicates any preference, limitation, specification or discrimination based on race, sex, religion, color, national origin, age, ancestry, sexual orientation, familial status, or disability, or gender identity, or any intention to make any such preference, limitation, specification or discrimination.  (Ord. 6658)

 

10-111.3 To discriminate against any person in the terms, conditions or privileges of the sale, brokerage, appraisal, assignment or rental of housing/real property or in the provision of services or facilities in connection therewith, because of the race, sex, religion, color, national origin, age, ancestry, sexual orientation, familial status,  or disability, or gender identity of:  any buyer, renter or person involved in any such transaction; any person residing in or intending to reside in the housing/real property before or after it is sold, rented, or made available; or any other person involved in any transaction or representation related to the sale, assignment or rental of housing/real property or services or facilities in connection therewith.  (Ord. 6658)

 

10-111.4 To represent to any person that any housing/real property is not available, or to make any housing/real property otherwise unavailable, for inspection, sale, assignment or rental, when such housing/real property is, in fact, so available, on the basis of race, sex, religion, color, national origin, age, ancestry, sexual orientation, familial status, or disability, or gender identity.  (Ord. 6658)

 

10-111.5 To induce, or attempt to induce, any person to sell, assign or rent housing/real property by any representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, sex, religion, color, national origin, age, ancestry, sexual orientation, familial status, or disability, or gender identity. (Ord. 6658)

 

10-111.6 To deny any person access to, or membership in, or participation in, or otherwise make unavailable, any multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting housing/real property, or to discriminate against him or her in the terms or conditions of such access, membership, or participation because of race, sex, religion, color, national origin, age, ancestry, sexual orientation, familial status, or disability, or gender identity.  (Ord. 6658)

 

10-111.7 To discriminate against any person in, or otherwise make unavailable for, his or her use or occupancy of housing/real property because of the race, sex, religion, color, national origin, age, ancestry, sexual orientation, familial status, or disability, or gender identity of the person or persons with whom such person associates.  (Ord. 6658)

 

10-111.8 To deny or not make available: a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining housing/real property; or any loan or other financial assistance secured by housing/real property, because of the race, sex, religion, color, national origin, age, ancestry, sexual orientation, familial status, or disability, or gender identity of

 

            (1)        Such person; or

 

            (2)        Any person associated with such person in connection with such loan or other financial assistance or associated with him or her in connection with the purposes of such loan or other financial assistance.

 

10-111.9 To discriminate against any person in the fixing of the amount, interest rate, duration, or other terms or conditions of:  such loan or other financial assistance, or such loan or financial assistance secured by housing/real property because of the race, sex, religion, color, national origin, age, ancestry, sexual orientation, familial status, or disability, or gender identity of

 

            (1)        Such person;

           

            (2)        Any person associated with such person in connection with such loan or other financial assistance, or such loan or financial assistance secured by housing/real property, or associated with him or her in connection with the purpose of such loan or other financial assistance, or such loan or financial assistance secured by housing/real property; or

 

            (3)        The present or prospective owners, lessees, tenants, or occupants of the housing/real property in relation to which such loan or other financial assistance, or loan or financial assistance secured by housing/real property, is to be made, given, or secured.  (Ord. 6658)

 

10-111.10 To use a form of application for financial assistance, or to make any inquiry or make or keep any record in connection with such application which indicates, directly or indirectly, an intention to make any preference, limitation, specification, or discrimination because of race, sex, religion, color, national origin, age, ancestry, sexual orientation, familial status,  or disability, or gender identity.  (Ord. 6658)

 

10-111.11 To separate, segregate, or discriminate against, any person who has, is regarded as having, or has a record of having, or being regarded as having, a disability in any manner which is prohibited by local, state or federal laws, regulations or orders.  For the purposes of this Subsection, discrimination includes:

 

            (A)        A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises;

 

            (B)        A refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy housing/real property; or

 

            (C)        In connection with the design and construction of covered multifamily housing/real property for first occupancy on and  after March 13, 1991, a failure to design and construct such residential real property in accordance with the provisions of  K.S.A. 44-1016.

 

            (D)        As used in Subsection 10-111.11 (C), above, "covered multifamily housing/real property" means:

 

            (1)        buildings consisting of 4 or more units if such buildings have one or more elevators; and

 

            (2)        ground floor units in other buildings consisting of 4 or more units.

 

10-111.12 To coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of their having exercised or enjoyed, or on account of their having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by any of the provisions of this Article.

 

10-111.13 (A)     Nothing in this Section shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, assignment or occupancy of any housing/real property which it owns or operates, for other than commercial purposes, to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, sex, color, national origin, age, ancestry, familial status, sexual orientation, or disability, or gender identity.  (Ord. 6658)

 

            (B)        Nor shall anything in this Section prohibit a nonprofit private club, not, in fact, open to the public, which, incident to its primary purpose or purposes, provides lodging which it owns and operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

 

            (C)        Nor shall anything (other than Sections 10-111.2, 10-111.6, 10-111.8, 10-111.9 and 10-111.12) in this Article apply:

 

            (1)        To the rental or leasing of housing accommodations for not more than two (2) families living independently of each other, if the owner resides in one (1) such housing unit; or

 

            (2)        To the rental or leasing to less than four (4) persons within a single housing accommodation by the occupant or owner of such housing accommodation if the owner resides therein.

 

10-111.14 Nothing in this Section limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this Section regarding familial status apply with respect to housing/real property provided under any state or federal program, which has been approved by the Secretary of the United States Department of Housing and Urban Development, specifically designed and operated as housing to assist elderly persons, as defined in the state or federal program, and approved by the Secretary of the United States Department of Housing and Urban Development, or to housing for older persons.

 

            (A)        As used in this Section 10-111., "housing for older persons" means housing communities:

 

            (1)        Provided under any state or federal program that the Secretary of the United States Department of Housing and Urban Development has determined is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or

 

            (2)        Intended for, and solely occupied by, persons 62 years of age or older; or

 

            (3)        Intended for, and at least 80% occupied by, at least one person 55 years of age or older per unit.  In determining whether housing qualifies as housing for older persons under this Subsection, the regulations developed by the Secretary of the United States Department of Housing and Urban Development shall be followed, which require at least the following factors:

 

            (a)        the existence of significant facilities and services specifically designed to meet the physical or social needs of such persons or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and

 

            (b)        that at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and

 

            (c)        the publication of, and adherence to, policies and procedures which demonstrate  an intent by the owner or manager to provide housing for persons 55 years of age or older. However, discrimination, segregation or separation in said housing for older persons on the basis of race, sex, religion, color, national origin, ancestry, sexual orientation, or disability, or gender identity is prohibited as defined elsewhere in this Section.  (Ord. 6658)

 

            10-111.15 Nothing in this Section prohibits conduct against a person because such person has been convicted two or more times by any court of competent jurisdiction of the illegal manufacture or distribution of a  controlled substance as defined in Section 102 of the Federal Controlled Substances Act (21 U.S.C. 802). (Ord. 5436; Ord. 6522)

 

Section 6. SEVERABILITY

If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance or Article which can be given effect without the invalid provision or application, and to this end the provision of this Ordinance are declared to be severable. 

 

Section 7.         Chapter X, Article 1, Sections 10-101, 10-102, 10-109, 10-110, and 10-111 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, are hereby repealed and of no further force and effect, it being the intent of this Ordinance that its provisions be substituted in place thereof.

 

Section 8.         This ordinance shall be effective on and after its publication in the official City newspaper as provided by law. 

 

PASSED by the governing body this                  day of                                               , 2011. 

 

 

 

                                                                                                                                               

                                                                        Aron E. Cromwell, Mayor

 

ATTEST:

 

 

 

                                                                       

Jonathan M. Douglass, City Clerk

 

APPROVED AS TO FORM AND LEGALITY:

 

 

 

                                                                       

Toni R. Wheeler, Director of the Legal Department