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City of Gerald, MO
Franklin County
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Table of Contents
Table of Contents
A. 
The purposes of this Chapter are:
1. 
To secure for all individuals within the City freedom from any discriminatory practice made unlawful by Article III of this Chapter.
2. 
To implement within the City the policies embodied in Missouri and Federal human rights legislation, and to promote cooperation between the City and the State and Federal agencies enforcing that legislation.
3. 
To provide a City Commission on Human Rights which is dedicated to the elimination of discriminatory practices made unlawful by Article III of this Chapter.
For the purposes of this Chapter the following terms shall be deemed to have the meanings indicated below:
COMMISSION
The Gerald Commission on Human Rights.
COMPLAINANT
A person who has filed a complaint with the Commission alleging that another person has engaged in a prohibited discriminatory practice.
DISCRIMINATION
Any unfair treatment based on race, color, religion, national origin, ancestry, sex, handicap, or familial status as it relates to housing.
DWELLING
Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
FAMILIAL STATUS
One or more individuals who have not attained the age of eighteen (18) years being domiciled with:
1. 
A parent or another person having legal custody of such individual; or
2. 
The designee of such parent or other person having 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 attained the age of eighteen (18) years.
HANDICAP
A physical or mental impairment which substantially limits one or more of a person's major life activities, a condition perceived as such, or a record of having such an impairment, which with or without reasonable accommodation does not interfere with utilizing the place of public accommodation, or occupying the dwelling in question. For purposes of this Chapter, the term "handicap" does not include current, illegal use of or addiction to a controlled substance as such term is defined by Section 195.010, RSMo., however, a person may be considered handicapped if that person:
1. 
Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of, and is not currently addicted to, a controlled substance or has otherwise been rehabilitated successfully and is no longer engaging in such use and is not currently addicted;
2. 
Is participating in a supervised rehabilitation program and is no longer engaging in illegal use of controlled substances; or
3. 
Is erroneously regarded as currently illegally using, or being addicted to, a controlled substance.
HOUSING FOR OLDER PERSONS
Housing:
1. 
Provided under any State or Federal program that the Commission determines 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 sixty-two (62) years of age or older; or
3. 
Intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit.
Housing qualifies as housing for older persons under this Chapter if:
1.
The housing has significant facilities and services specifically designed to meet the physical or social needs of older 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
2.
At least eighty percent (80%) of the units are occupied by at least one (1) person fifty-five (55) years of age or older per unit; and
3.
The owner or manager of the housing has published and adhered to policies and procedures which demonstrate an intent by said owner or manager to provide housing for persons fifty-five (55) years of age or older.
PERSON
Includes one (1) or more individuals, corporations, partnerships, associations, organizations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, trustees, trustees in bankruptcy, receivers, fiduciaries, or other organized groups of persons.
PLACES OF PUBLIC ACCOMMODATION
All places or businesses offering or holding out to the general public, goods, services, privileges, facilities, advantages or accommodations for the peace, comfort, health, welfare and safety of the general public or such public places providing food, shelter, recreation and amusement, including, but not limited to:
1. 
Any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five (5) rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his/her residence;
2. 
Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment;
3. 
Any gasoline station, including all facilities located on the premises of such gasoline station and made available to the patrons thereof;
4. 
Any motion picture house, theater, concert hall, sports arena, stadium, or other place of exhibition or entertainment;
5. 
Any public facility owned, operated, or managed by or on behalf of this State or any agency or subdivision thereof, or any public corporation; and any such facility supported in whole or in part by public funds;
6. 
Any establishment which is physically located within the premises of any establishment otherwise covered by this Section or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment;
RENT
Includes to lease, to sublease, to let and otherwise to grant for consideration the right to occupy premises not owned by the occupant;
RESPONDENT
A person who is alleged to have engaged in a prohibited discriminatory practice in a complaint filed with the Commission;
UNLAWFUL DISCRIMINATORY PRACTICE
Any act that is unlawful under this Chapter.