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HomeMy WebLinkAboutOrdinance No. 36-1993ORDINANCE NO. 36 -93 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING CHAPTER 726 ENTITLED, CITY OF CAPE CANAVERAL HUMAN RIGHTS LAW; MAKING IT UNLAWFUL TO DISCRIMINATE ON THE BASIS OF RACE, CREED, COLOR, NATIONAL ORIGIN OR SEX IN PLACES OF PUBLIC ACCOMMODATION, INCLUDING CERTAIN PRIVATE CLUBS; PROVIDING AN EXEMPTION FOR INSTITUTIONS WHICH ARE DISTINCTLY PRIVATE; PROVIDING FOR POSTING OF NOTICE; PROVIDING FOR A PENALTY; PROVIDING FOR CUMULATIVE REMEDIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Chapter 726 of the City Code of Ordinances entitled, Cape Canaveral Human Rights Law, is hereby enacted as follows: CHAPTER 726 CAPE CANAVERAL HUMAN RIGHTS LAW Sec. 726.01 Cape Canaveral Human Rights Law. The City Council of the City of Cape Canaveral finds and declares that the City of Cape Canaveral has a compelling interest in providing its citizens and environment and all persons, regardless of race, creed, color, national origin, or sex, have a fair and equal opportunity to participate in the business, social and professional life of the City, and may be unfettered in availing themselves of such opportunity. Although city, state, and federal laws have been enacted to eliminate discrimination, women and minority group members have not achieved equal opportunity in business, professional life and society in general. One barrier to the advancement of women and minorities in the society of the City and one cause of societal disrespect for women and minority groups is the discriminatory practices of certain membership organizations which exploit women and minority groups as employees, but deny women and minorities membership opportunities. The commercial nature of some of these organizations have a prejudicial impact on the business, professional, employment, and societal opportunities of women and minorities which cannot be ignored. The public interest in equal opportunity outweighs the interest in private association asserted by club members. The purpose of this Ordinance is not to interfere with club activities or subject club operations to scrutiny beyond what is necessary in good faith to enforce human rights policy of the City. This Ordinance is not intended to dictate the manner in which certain private clubs conduct their activities or select their members, except insofar as is necessary to insure that clubs do not automatically exclude persons from consideration for membership or enjoyment of club accommodations and facilities and the advantages and privileges of membership, on account of discrimination. Sec. 726.03. Discrimination Prohibited. It shall be unlawful for any person being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, private club, resort, or place of City of Cape Canaveral, Florida Ordinance No. 36 -93 Page 2 amusement, because of the race, creed, color, national origin or sex, of any person, directly or indirectly, to refuse, withhold from, or deny to such person any accommodations, advantages, facilities or privileges thereof, or, directly or indirectly, to publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities and privileges of any such place shall be refused, withheld or denied to any person on account of race, creed, color, national origin or sex or the patronage or custom thereat of any person belonging to or purporting to be of any particular race, creed, color, national origin or sex is unwelcome, unobjectionable or not acceptable, desired or solicited. Sec. 726.05. Exemption. The provisions of this Chapter shall not apply to any institution, club or place of public accommodation which, in its nature, is distinctly private. An institution, club or place of public accommodation shall be deemed by its nature distinctly private if it is a non - profit organization organized or permitted to do business under the laws of the State of Florida and is formed for any of the following purposes: (a) religious, charitable, scientific, testing for public safety, literary, educational, to foster national or international amateur sports competition or prevention of cruelty to children or animals; (b) civic leagues; (c) labor organizations; (d) agricultural or horticultural associations; (e) business leagues; (f) chambers of commerce; (g) real estate boards of trade; (h) professional football leagues; (i) fraternal beneficiary society orders or associations operating under the lodge system and for the exclusive benefit of the members of a fraternity itself operating under the lodge system; (j) voluntary employees beneficiary association; (k) domestic fraternal societies, orders or associations operating under the lodge system; (1) teachers' retirement fund association; (m) posts or organizations of past or present members of the Armed Forces of the United States or an auxiliary unit or society thereof. Sec. 726.07. Notice. Each place of public accommodation, resort, club or place of amusement is required to post in a conspicuous part of its premises a notice that it is unlawful for any person in any place of public accommodation, resort, club or place of amusement to withhold from or deny to any other person any of the accommodations, advantages, facilities, or privileges thereof because of the race, creed, color, national origin or sex of such other City of Cape Canaveral, Florida Ordinance No. 36 -93 Page 3 person. Sec. 726.09. Penalty. In addition to any other remedy the City may have at law or at equity to enforce this Ordinance, any person violating the provisions of this Chapter shall be subject to the penalty contained in Section 801.05 of the City Code of Ordinances. Sec. 726.11. Cumulative Remedies. The provisions of this Chapter are cumulative with and in addition to any other provisions of the City Code of Ordinances dealing with the subject matter hereof. SECTION 2. Severability,. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of October 1993. ATTEST: Faith,G ?4iile .` C ?,CLERK Approved---as to Fora: = John 'fie _Kancili4, CIS ATTORNEY John Porter, PAY I PRO TEM First R :ding : 10/5/93 Posted: 10/6/93 Advertised: 10/8/93 Second R °- °gis; 10/19/93 eto oerger Bill ,.er is 01111 otri