There is hereby adopted the Code of Ordinances of the City of Greenville, Texas, as compiled, edited and published by Franklin Legal Publishing, Inc.
Sec. 1.01.002 Designation and citation of code
The ordinances embraced in this and the following chapters, articles and sections shall constitute and be designated the “Code of Ordinances, City of Greenville, Texas,” and may be so cited.
Sec. 1.01.003 Catchlines of articles, divisions and sections
The catchlines of the several articles, divisions and sections of this code are intended as mere catchwords to indicate the contents of the article, division or section and shall not be deemed or taken to be titles of such articles, divisions and sections, nor as any part of the articles, divisions and sections, nor, unless expressly so provided, shall they be so deemed when any of such articles, divisions and sections, including the catchlines, are amended or reenacted.
Sec. 1.01.004 Definitions and rules of construction
In the construction of this code and of all ordinances and resolutions passed by the city council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:
Generally. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.
City and town. Each means the City of Greenville, Texas.
City manager, city secretary, chief of police or other city officers. The words “city manager,” “city secretary,” “chief of police” or other city officers or departments shall be construed to mean the city manager, city secretary, chief of police or such other municipal officers or departments, respectively, of the city.
Council. Whenever the term “council” or “this council” or “the council” is used, it shall mean the city council of the City of Greenville, Texas.
County. The term “county” or “this county” shall mean the County of Hunt, Texas.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations as well as to males.
May. The word “may” is permissive.
Month. The word “month” shall mean a calendar month.
Must and shall. Each is mandatory.
Number. Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.
Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in the city.
Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
Person. The word “person” shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.
Property. The word “property” means and includes real and personal property.
Real property. The term “real property” means and includes lands, tenements and hereditaments.
Sidewalk. The word “sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
Signature or subscription. A signature or subscription shall include a mark when a person cannot write.
State. The term “the state” or “this state” shall be construed to mean the State of Texas.
Street. The word “street” shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way including the entire right-of-way.
Tense. Words used in the past or present tense include the future as well as the past and present.
V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A. Such abbreviations refer to the divisions of Vernon’s Texas Statutes Annotated.
Written or in writing. The term “written” or “in writing” shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.
Year. The word “year” shall mean a calendar year.
Sec. 1.01.005 Severability of parts of code
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the city council without the incorporation in the code of any such unconstitutional phrase, clause, sentence, paragraph or section.
Sec. 1.01.006 Repeal of ordinances
The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an ordinance or revive any ordinance which has been previously repealed.
Sec. 1.01.007 Amendments or additions to code
All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter enacted or presented to the city council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, the Code of Ordinances. Amendments to this code shall be made by reference to the chapter and section of the code which is to be amended, and additions shall bear an appropriate designation of chapter, article and section; provided, however, the failure to do so shall in no way affect the validity or enforceability of such ordinances.
Sec. 1.01.008 Supplementation of code
(a) By contract or by city personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages that have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by omission thereof from reprinted pages.
(c) When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings and titles for articles, sections and other subdivisions of the code printed in the supplement and make changes in such catchlines, headings and titles;
(3) Assign appropriate numbers to articles, sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing article or section or other subdivision numbers;
(4) Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this section,” “this subsection,” etc., as the case may be; and
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance articles or sections inserted into the code, but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code.
Sec. 1.01.009 General penalty for violations of code; continuing violations
Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00). However, a fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation, including the dumping of refuse, may not exceed two thousand dollars ($2,000.00); provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. In the event that any such violation is designated as a nuisance under the provisions of this code, such nuisance may be summarily abated by the city. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
State law reference–Penalty for violations, V.T.C.A., Local Government Code, sec. 54.001.
The city be, and the same is hereby, divided into six (6) districts within the meaning of and as required by the provisions of section 4 of article I of the city charter, as amended, said districts to be known as district 1, district 2, district 3, district 4, district 5, and district 6; the limits and boundaries of each such district being as designated, drawn and contained on the map filed in the office of the city secretary and reference to which being here made for all purposes as if the same were copied in its entirety herein, and the districts as required and contemplated by said section of said city charter be, and they are hereby, so designated and established. (1990 Code, sec. 1.901)
Charter reference–Voting districts, sec. 4; selection of council members by places, sec. 14.
Sec. 1.02.002 Compensation for judges and clerks
(a) The rate of pay for judges and clerks in regular and special municipal elections held and conducted within the city is hereby fixed and established as provided for in section A1.02.002 of the fee schedule in appendix A to this code.
(b) The rate of pay for any judge in any such election who shall deliver the returns of the election is hereby fixed and established as provided for in section A1.02.002 of the fee schedule in appendix A to this code for such service.
(1990 Code, sec. 1.902)
State law reference–Compensation for services at polling place, V.T.C.A., Election Code, sec. 32.091.
There exists the office of emergency management director of the city, which shall be held by the mayor in accordance with state law and shall be implemented as follows:
(1) An emergency management coordinator may be appointed by and serve at the pleasure of the director.
(2) The director shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this article. He or she may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution shall remain with the director.
(3) The operational emergency management organization for the city shall consist of the officers and employees of the city so designated by the director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan.
(1990 Code, sec. 7.301)
Sec. 1.03.002 Duties of emergency management director
The duties and responsibilities of the emergency management director shall include the following:
(1) Conduct an ongoing survey of actual or potential hazards which threaten life and property within the city and an ongoing program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur.
(2) Supervision of the development and approval of an emergency management plan for the city, and shall recommend for adoption by the city council all mutual-aid arrangements deemed necessary for the implementation of such plan.
(3) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the city council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary.
(4) Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this article. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring their contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the city secretary.
(5) Direction and control of the operations of the city emergency management organization as well as the training of emergency management personnel.
(6) Determination of all questions of authority and responsibility that may arise within the emergency management organization of the city.
(7) Maintenance of liaison with other municipal, county, district, state, regional or federal emergency management organizations.
(8) Marshaling of all necessary personnel, equipment or supplies from any department of the city to aid in the carrying out of the provisions of the emergency management plan.
(9) Supervision of the drafting and execution of mutual-aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county for the countywide coordination of emergency management efforts.
(10) Supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the city.
(11) Authorizing of agreements, after approval by the city attorney, for use of private property for public shelter and other purposes.
(12) Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein.
(13) Other requirements as specified in Texas Disaster Act of 1975 (V.T.C.A., Government Code, chapter 418).
(1990 Code, sec. 7.302)
Sec. 1.03.003 Emergency management plan
A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this article. As provided by state law, the plan shall follow the standards and criteria established by the state division of emergency management. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the state division of emergency management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this article and shall have the effect of law during the time of a disaster. (1990 Code, sec. 7.303)
Sec. 1.03.004 Interjurisdictional program
The mayor is hereby authorized to join with the county judge and the mayors of the other cities in said county in the formation of an emergency management council for the county and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a countywide program of emergency management insofar as said program may affect the city. (1990 Code, sec. 7.304)
Sec. 1.03.005 Override over other ordinances, rules, and regulations
At times when the orders, rules, and regulations made and promulgated pursuant to this article shall be in effect, they shall override all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. (1990 Code, sec. 7.305)
Sec. 1.03.006 Liability
This article is an exercise by the city of its governmental functions for the protection of the public peace, health, and safety, and neither the city, the agents and representatives of said city, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this article shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the city a license or privilege or otherwise permits the city to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or manmade disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. (1990 Code, sec. 7.306)
Sec. 1.03.007 Commitment of funds
No person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this article without prior approval by the city council, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific approval of the city council unless during a declared disaster. During a declared disaster, the mayor may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life, or property. (1990 Code, sec. 7.307)
Sec. 1.03.008 Offenses
(a) It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this article, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article.
(b) It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management organization of the city, unless authority to do so has been granted to such person by the proper officials.
(c) Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this article and shall be subject to the penalties imposed by this article.
Commission. The state library and archives commission.
Custodian. The appointed or elected public officer who by the state constitution, state law, ordinance, or administrative policy is in charge of an office that creates or receives local government records. For the purpose of this article, a custodian is a department head, under the administration of the city manager or the city council, who is responsible for all records in his or her department
Director and librarian. The executive and administrative officer of the state library and archives commission.
Essential record. Any local government record necessary to the resumption or continuation of government operations in an emergency or disaster, to the re-creation of the legal and financial status of the city, or to the protection and fulfillment of obligations to the people of the state.
Governing body. The city council.
Local government record. Any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by city government offices or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business is hereby declared to be a record of the city, and shall be created, maintained, and disposed of in accordance with the provisions of this article and the provisions of the Texas Local Government Records Act. The term does not include:
(1) Extra identical copies of documents created only for convenience of reference or research by officers or employees of the city;
(2) Notes, journals, diaries, and similar documents created by an officer or employee of the city for the employee’s personal convenience;
(3) Blank forms;
(4) Stocks of publications;
(5) Library and museum materials acquired solely for the purposes of reference or display; or
(6) Copies of documents in any media furnished to members of the public in which they are entitled under V.T.C.A., Government Code, chapter 552, or other state law.
(1990 Code, sec. 1.1401)
(7) Any records, correspondence, notes, memoranda, or documents, other than a final written agreement described by section 2009.054(c), Government Code, associated with a matter conducted under an alternative dispute resolution procedure in which personnel of a state department or institution, local government, special district, or other political subdivision of the state participated as a party, facilitated as an impartial third party, or facilitated as the administrator of a dispute resolution system or organization. (Ordinance adopting Code)
Office. Any office, department, division, program, commission, bureau, board, committee, or similar entity of the city.
Permanent record. A record of permanent value. Any local government record for which the retention period on a records retention schedule issued by the commission is given as permanent.
Record. A record of the city.
Records control schedule. A document prepared by or under the authority of a records management officer listing the records maintained by the city, their retention periods, and other records disposition information that the records management program in the city or state law may require.
Records management. The application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems.
Records retention schedule. A document issued by the commission establishing mandatory retention periods for local government records.
Retention period. The minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction.
(1990 Code, sec. 1.1401)
Sec. 1.04.002 Establishment and administration of records management program
The office of city secretary is authorized to establish and administer the records management program for the city pursuant to legal, fiscal, administrative, and archival requirements, and the city secretary or his or her designee is hereby named records management officer. To this end, the city secretary will implement, but not be limited to, a program to encompass such areas of records management as are required to preserve and keep in order all books, papers, documents, records and files of the city council and of the executive departments to achieve the following goals:
(1) Release space and reduce the need for storage and filing equipment;
(2) Establish an efficient retrieval operation for both active and inactive municipal records;
(3) Provide for routine disposition of paperwork;
(4) Maintain total security over municipal records;
(5) Communicate the need of an effective records management program; and
(6) Secure a central records storage facility which can be operated and maintained by records management staff.
(1990 Code, sec. 1.1402)
Sec. 1.04.003 Purpose of records management program
(a) This article shall be known and may be cited as the “records management program of the City of Greenville, Texas,” providing for the proper and efficient management of the municipal records of the city.
(b) Since the citizens of the city have a right to expect efficient and cost-effective government and recognizing the importance of local government records in the lives of all citizens, the efficient management of city records is necessary to the effective and economic operation of the city; the preservation of records of permanent value is necessary to provide the people of the state with resources concerning their history and to document their rights of citizenship and property; and the establishment of uniform standards and procedures for the maintenance, preservation, microfilming, or other disposition of city records is necessary to fulfill the higher public purpose.
(1990 Code, sec. 1.1403)
Sec. 1.04.004 City records declared public property
All city records as defined in section 1.04.001 herein are hereby declared to be property of the city. No city official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. (1990 Code, sec. 1.1404)
Sec. 1.04.005 Policy
It is hereby declared to be the policy of the city to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all city records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition. (1990 Code, sec. 1.1405)
Sec. 1.04.006 Duties of records management officer
The records management officer shall have the following duties, and others as assigned by the city council and as provided by state law:
(1) Assist in establishing and developing policies and procedures for a records management program for the city, which program shall include basic files management and records disposition policies, systems, standards and procedures;
(2) Administer the records management program and provide assistance to custodians for the purposes of reducing the costs and improving the efficiency of recordkeeping;
(3) In cooperation with the custodians of the records:
(1990 Code, sec. 1.1406)
(A) Prepare and file with the director and librarian the records control schedules and the list of obsolete records, required by the Local Government Records Act; (1990 Code, sec. 1.1406; Ordinance adopting Code)
(B) Prepare and file with the director and librarian amended schedules as needed to reflect new records created or received by the city;
(C) Prepare or direct the preparation of requests for authorization to destroy records not on an approved control schedule as provided by the Local Government Records Act, of requests to destroy the originals of permanent records that have been microfilmed, and of electronic storage authorization requests;
(4) In cooperation with custodians, identify and take adequate steps to preserve city records that are of permanent value;
(5) In cooperation with custodians, identify and take adequate steps to protect essential city records;
(6) In cooperation with custodians, ensure the maintenance, preservation, microfilming, destruction of records is carried out in accordance with the policies and procedures of the city’s records management program and requirements of state law;
(1990 Code, sec. 1.1406)
(7) Provide records management advice and assistance to all city offices and departments, by preparation of manuals of procedure and policies and by on-site consultation;
(8) Carry out destruction and transfers that are required by records schedules, and carry out microphotography tasks when staff and central facility become available;
(9) Design and manage the operations of a records center for the low cost storage of inactive records and as a future site for a centralized micrographics program;
(10) Develop a citywide forms design and control system;
(11) Establish in cooperation with other responsible city officials a disaster plan for each city office and department to insure maximum availability of records for reestablishing operations quickly and with minimum disruption and expense;
(12) Bring to the attention of the city manager any office not in compliance with laws or ordinances regarding public access to information or protection of privacy;
(13) Disseminate to the city council and custodians information concerning state laws, administrative rules, and the policies of the city relating to local government records through a records manual which may be amended from time to time and other means of communication; and
(14) In cooperation with custodians, establish procedures to ensure that the handling of records in any context of the records management program by the records management officer or those under the officer’s authority is carried out with due regard for the duties and responsibilities of custodians that may be imposed by law and the confidentiality of information in records to which access is restricted by law.
(1990 Code, sec. 1.1406; Ordinance adopting Code)
Sec. 1.04.007 Duties and responsibilities of council
The city council shall:
(1) Establish, promote, and support an active and continuing program for the efficient and economical management of all city records;
(2) Cause policies and procedures to be developed for the administration of the program under the direction of the records management officer;
(3) Facilitate the creation and maintenance of city records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the city and designed to furnish the information necessary to protect the legal and financial rights of the city, the state, and persons affected by the activities of the city government;
(4) Facilitate the identification and preservation of city records that are of permanent value;
(5) Facilitate the identification and protection of essential city records;
(6) Cooperate with the commission in its conduct of statewide records management surveys; and
(7) Review of a records control schedule or amended schedule by the officers of the city as it considers necessary.
(1990 Code, sec. 1.1407)
Sec. 1.04.008 Duties and responsibilities of custodians
(a) Custodians of records in the city shall:
(1) Cooperate with the records management officer in carrying out the policies and procedures established by the local government for the efficient and economical management of records and in carrying out requirements under the Local Government Records Act;
(2) Adequately document the transaction of city business and the services, programs, and duties for which the custodian and the custodian’s staff are responsible;
(3) Maintain the records in the custodian’s care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the city’s records management program and the requirements of the Local Government Records Act and rules adopted thereunder; and
(4) Designate records officers within their offices and provide the records management officer the names of the designees and all persons working under their supervision, such records officers to report directly to the custodian in their department on matters relating to the records management program and have full access to all files in their respective departments.
(b) State law relating to the duties, other responsibilities, or recordkeeping requirements of a custodian of local government records does not exempt the custodian or the records in the custodian’s care from the application of this article and rules adopted by the state under the Local Government Records Act of 1989 and may not be used by the custodian as a basis for refusal to participate in the city records management program, the establishment of which is required by state law.
(1990 Code, sec. 1.1408)
Sec. 1.04.009 Microfilming of records
(a) For the benefit of this section, “microfilm” means roll microfilm, microfiche, and all other formats produced by any method of microphotography or other means of miniaturization on film. For the benefit of this section, “microfilming” means the methods, procedures, and processes used to produce roll microfilm, microfiche, or other microphotographic formats.
(b) All microfilming activities by custodians must be carried out on or after April 1, 1990, under rules established by the commission, which rules will establish standards and procedures for the microfilming of city records under chapter 204 of the Local Government Records Act. All microfilm produced before June 1, 1990, under law prior to the act, is validated to the extent the microfilm was produced in the manner and according to the standards prescribed by prior law.
(c) All city procedures and materials used for microfilm and microfilming city records shall be done and acquired under the aegis of state law, and the city will be subject to all the law, rules, standards and procedures as outlined in the Local Government Records Act.
(1990 Code, sec. 1.1409)
Sec. 1.04.010 Electronic storage of records
(a) For the purpose of this section, “electronic storage” means the maintenance of local government record data in the form of digital electronic signals on a computer hard disk, magnetic tape, optical disk, or similar machine-readable medium. For the purpose of this section, “source document” means the local government record from which local government record data are obtained for electronic storage. The term does not include backup copies of the data in any media generated from electronic storage.
(b) Any city record data may be stored electronically in addition to or instead of source documents in paper or other media, subject to the requirements of the Local Government Records Act and rules adopted under it.
(c) The city will be subject to rules established by the commission for standards and procedures for electronic storage and will be subject to the provisions of chapter 205 of the Local Government Records Act.
For the purpose of this division, the following terms, phrases, words and their derivations shall have the meanings given herein:
Age. The calendar age of an individual eighteen (18) years of age or over.
Creed. Any set of principles, rules, opinions and precepts formally expressed and seriously adhered to or maintained by a person.
Discriminatory housing practice. An act that is unlawful pursuant to this division.
Dwelling. Any building, structure or portion thereof which is occupied as, or designed and intended for occupancy as, a residence by one or more families or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
Family. Includes a single individual or a group of individuals living together under one common roof.
Major life activities. Functions such as, but not limited to, caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Marital status. An individual’s status as a single, married, divorced, widowed or separated person.
Parenthood. A person’s status as a parent or legal guardian of a child or children under the age of eighteen (18).
Person. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, fiduciaries, and any other organization or entity of whatever character.
Physical or mental disability. Any physical or mental impairment which substantially limits one or more major life activities. Physical or mental impairment shall include:
(1) Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
To rent. Includes to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
Senior adult. A person fifty-five (55) years of age or older.
(Ordinance 04-186, sec. 1, adopted 11/23/04)
Sec. 1.05.032 Interpretation and effect
This division shall in no way be interpreted as creating a judicial right or remedy which is the same or substantially equivalent to the remedies provided under title VIII of the Civil Rights Act of 1968, as amended, or the Federal Equal Credit Opportunity Act (15 USC 1691). All aggrieved parties shall retain the rights granted to them by title VIII of the Civil Rights Act of 1968, as amended, and the Federal Equal Credit Opportunity Act. In construing this division, it is the intent of the city that the courts shall be guided by federal court interpretations of title VIII of the Civil Rights Act of 1968, as amended, and the Federal Equal Credit Opportunity Act, where appropriate. (Ordinance 04-186, sec. 2, adopted 11/23/04)
Sec. 1.05.033 Discrimination in sale or rental of housing
Except as exempted it shall be unlawful for any person to:
(1) Refuse to sell or rent, after the making of a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age.
(2) Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age.
(3) Make, print, publish, or cause to be made, printed or published any notice, statement or advertisement regarding the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age, or any intention to make any such preference, limitation or discrimination.
(4) Represent to any person because of race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.
(5) Induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age.
(Ordinance 04-186, sec. 3, adopted 11/23/04)
Sec. 1.05.034 Discrimination in financing of housing
It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part of the making of commercial or residential real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against any such person in the fixing of the amount, interest rate, brokerage points, duration, or other terms or conditions of such loan or their financial assistance, because of:
(1) The race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age of such person or of any person associated with him in connection with such loan or other financial assistance; or
(2) The race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age of the present or prospective owner, lessees, tenants, or occupants of the dwelling or dwellings for which such a loan or other financial assistance is to be made or given.
(Ordinance 04-186, sec. 4, adopted 11/23/04)
Sec. 1.05.035 Discrimination in provision of brokerage services
It shall be unlawful for any person to deny access to or membership or participation in any multiple listing service, real estate brokers’ organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate in the terms or conditions of such access, membership or participation, on account of race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age. (Ordinance 04-186, sec. 5, adopted 11/23/04)
Sec. 1.05.036 Exemptions and exclusions
(a) Nothing in this division shall apply to:
(1) The rental of units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner actually maintains and occupies one of such units as his residence.
(2) The rental of a single room in a dwelling containing living quarters occupied or intended to be occupied by no more than one family if the person offering such room for rental actually maintains and occupies the remainder of such dwelling as his residence and not more than four such rooms are offered.
(3) The sale or rental of any single house by a private individual who owns such house, provided that:
(A) The sale or rental is made without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman or of such facilities or services of any person in the business of selling or renting dwellings or of any employee or agent of any such broker, agent, salesman, or person;
(B) The sale is made without the publication, posting or mailing of any advertisement or written notice in violation of this division (this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title);
(C) The owner does not own more than three single-family houses at the time of the sale; and
(D) The owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental or more than three such single-family houses at any one time.
If the owner does not reside in the house at the time of sale or was not the most recent resident of such house prior to the sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four-month period.
(b) Nothing in this division 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 association or society from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, national origin, sex, mental or physical disability, marital status, parenthood or age.
(c) Nothing in this division shall prohibit a bona fide private club, not in fact open to the public, which as an incident to its primary purpose provides lodging which it owns or 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.
(d) Nothing in this division shall bar any person from owning and operating a housing accommodation in which a room or rooms are leased, subleased or rented only to persons of the same sex, when such housing accommodation contains common lavatory, kitchen or similar facilities available for the use of all persons occupying such housing accommodation.
(e) Nothing in this division shall prohibit the sale, rental, lease or occupancy of any dwelling designed and operated exclusively for senior adults and their spouses, unless the sale, rental, lease or occupancy is further restricted on account of race, color, creed, religion, sex, national origin, physical or mental handicap and marital status.
(f) Nothing in this division shall bar a person who owns, operates or controls rental dwellings, whether located on the same property or on one or more contiguous parcels of property, from reserving any grouping of dwellings for the rental or lease to tenants with a minor child or children; provided, however, in the event that said reserved area is completely leased or rented, the person owning, operating or controlling said rental dwelling may not refuse to rent or lease any other available dwelling to the prospective tenant on the basis of the tenant’s status as parent or any other of the protected classifications set forth in this division.
(Ordinance 04-186, sec. 6, adopted 11/23/04)
Sec. 1.05.037 Fair housing administrator
The mayor shall appoint and the city council shall confirm a fair housing administrator (hereinafter referred to as “administrator”), who shall have the responsibility for implementing this division. The administrator may delegate his authority to investigate and conciliate complaints to other city employees under his direction. (Ordinance 04-186, sec. 7, adopted 11/23/04)
Sec. 1.05.038 Complaints
(a) Any person who claims to have been injured by a discriminatory housing practice who believes he will be irrevocably injured by a discriminatory housing practice that has occurred or is occurring (hereinafter referred to as the “charging party”) may file a complaint with the administrator. Such complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a discriminatory housing practice and shall state the facts upon which the allegations of a discriminatory housing practice are based. The administrator shall prepare complaint forms and furnish them without charge to any person, upon request.
(b) A copy of all complaints filed with the city shall also be forwarded to the Fair Housing and Equal Opportunity Division of the Region VI office of the Department of Housing and Urban Development.
(c) The administrator shall provide for free administrative counseling to those complainants who wish to file a private suit for relief in the local, state, or federal court.
(d) If at any time the administrator shall receive or discover credible evidence and shall have probable cause to believe that any person or persons have committed or are committing a discriminatory housing practice as to which no complaint has been filed, the administrator may prepare and file a complaint upon his own motion and in his own name and such complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved.
(e) The administrator shall receive and accept notification and referral complaints from the U.S. Attorney General and the Secretary of Housing and Urban Development pursuant to the provisions of title VIII, Fair Housing Act of 1968, Public Law 90-284, and shall treat such complaints hereunder in the same manner as complaints filed pursuant to subsection (a) of this section.
(f) All complaints shall be filed within one hundred eighty (180) days following the occurrence of an alleged discriminatory housing practice. Upon the filing or referral of any complaint, the administrator shall provide notice of the complaint by furnishing a copy of such complaint to the persons named therein who allegedly committed or were threatening to commit an alleged discriminatory housing practice. The accused may file an answer to the complaint within fifteen (15) days of receipt of the written complaint.
(g) All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths.
(Ordinance 04-186, sec. 8, adopted 11/23/04)
Sec. 1.05.039 Investigation
(a) Upon the filing or referral of a complaint as herein provided, the administrator shall cause to be made a prompt and full investigation of the matter stated in the complaint.
(b) If the administrator determines that there is not probable cause to believe that a particular alleged discriminatory housing practice has been committed, the administrator shall take no further action with respect to that alleged offense.
(c) During or after the investigation, but subsequent to the mailing of the notice of complaints, the administrator shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and adequate assurance of future voluntary compliance with the provisions of this division. Nothing said or done in the course of such informal endeavors may be made public by the administrator, by the complainant or by any other party to the proceedings without the written consent of all persons concerned.
(d) Upon completion of the investigation and informal endeavors at conciliation by the administrator, but within thirty (30) days of the filing of the complaint with the administrator, if the efforts of the administrator to secure voluntary compliance have been unsuccessful, and if the administrator has made a determination that a discriminatory housing practice has in fact occurred, the administrator shall recommend to the city attorney that such violations be prosecuted in the municipal court. With such recommendations, the administrator shall refer his entire file to the city attorney. The city attorney shall, within thirty (30) days after such referral, make a determination as to whether to proceed with prosecution of such complaint in municipal court. If the city attorney determines to prosecute, he shall institute a complaint and prosecute same to conclusion within thirty (30) days after such determination or as soon thereafter as practicable.
(Ordinance 04-186, sec. 9, adopted 11/23/04)
Sec. 1.05.040 Cumulative legal effect
This division is cumulative in its legal effect and is not in lieu of any and all other legal remedies which the person aggrieved may pursue. (Ordinance 04-186, sec. 10, adopted 11/23/04)
Sec. 1.05.041 Unlawful intimidation
It shall be unlawful for any person to harass, threaten, harm, damage or otherwise penalize any individual, group or business because he or they have complied with the provisions of this division, because he or they have exercised his or their rights under this division, or enjoyed the benefits of this division, or because he or they have made a charge, testified or assisted in any investigation or in any proceeding hereunder or have made any report to the administrator. (Ordinance 04-186, sec. 11, adopted 11/23/04)
Sec. 1.05.042 Cooperation with Secretary of Housing and Urban Development
The administrator and the city attorney are authorized to cooperate with the Secretary of Housing and Urban Development and the U.S. Attorney General pursuant to the provisions of title VIII, Fair Housing Act of 1968, Public Law 90-284, and may render such service to the Secretary as they shall deem appropriate to further the policies of this division. (Ordinance 04-186, sec. 12, adopted 11/23/04)
Sec. 1.05.043 Education and public information
In order to further the objectives of this division, the administrator may conduct educational and public information programs. (Ordinance 04-186, sec. 13, adopted 11/23/04)
Sec. 1.05.044 Penalty
(a) Any person, firm, or corporation violating any provision of this division shall be guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed an amount stated in section 1.01.009 of this code for each violation. Each day a violation continues after passage of seventy-five (75) days from date of the filing of the initial complaint with the administrator shall constitute a separate and distinct offense.
(b) Any person, firm, or corporation violating any provision of this division may be enjoined by order of a court of competent jurisdiction, and this remedy is in addition to any other penalty provision.