HomeMy WebLinkAboutOrdinance 7962t
(Revision of 8/8/79)
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6RD INANCE N() : 5 ~ ~ Z _
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH, TEXAS (1964), AS AMENDED, BY AMENDING CHAPTER
13A THEREOF, AS AMENDED,- BY AMENDING SECTION 13A-12
TO PROVIDE FOR PROHIBITION OF DISCRIMINATION BECAUSE
OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN IN
PLACES OF PUBLIC ACCOMMODATION, TO PROVIDE CERTAIN
EXCEPTIONS, TO PROVIDE FOR THE POSTING OF DRESS CODES,
PERSONAL CONDUCT RESTRICTIONS, AND IDENTIFICATION
REQUIREMENTS IN PLACES OF PUBLIC ACCOMMODATION; BY
AMENDING SECTION 13A-14 TO PROVIDE FOR.,A COMPLAINT,
CONFERENCE, CONCILIATION, AND CRIMINAL COMPLAINT PRO-
CEDURE; AND PROVIDING FOR REPEAL OF CONFLICTING ORy:
DINANCES AND PROVISIONS; PR~JVII~ING FOR CUMULATION OF
NONCONFLICTING ORDINANCES AND PROVISIONS; PROVIDING
A SAVINGS CLAUSE ;-PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
B'L IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Section 13A-12, Article II, Chapter 13-A, Code of the City
of Fort Worth, Texas (1964), as amended, be and the .same is hereby
amended so that it~shall hereafter read and be as follows:
"Section 13A-12. Prohibited, posting of notice.
"(a) It shall be unlawful for any person, firm, association,
or corporation, or any employee or agent thereof:
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"(1) To discriminate against, withhold from or
deny, any person, because of race, color,
religion, sex or national origin, any of
the advantages, facilities or services
offered to the general public by a place
of public accommodation; or
"(2) To refuse admission to or to expel from
any place of public accommodation, any
person for alleged non-compliance with
a dress code, personal conduct restric-
tion, or identification requirement un-
less such place of public accommodation
has previously posted a nratice specifying
the details of such code, restriction or
requirement in a conspicuous, clearly
visible location at each public entrance
to the place of public accommodation;
provided however, it shall be an ex=-
ception to this requirement that such
refusal or expulsion was required by law.
"(b) It shall not be unlawful for any person, firm, association
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or corporation, or any employee or agent thereof; to deny any person
entry to any restroom, shower room, bath house or similar facility
which has been designated far use by persons of~,~he opposite sex."
SECTION 2.
That Section 13A-14, Article II, Chapter 13-A, Code of the City
of Fort Worth, Texas (1964), as amended, be and the same is hereby
amended so that i:~~ shall hereafter read and be as follows:
"Section 13A-14, Investigation of complaints,
violations of article.
"(a) It is the intention of the City Council of the City of
Fort Worth that the Fort Worth Human Relations Commission shall be
the agency to receive and investigate all complaints of alleged
violations of this article, and that said Commission shall attempt
to resolve such camplaints by informal methods of conference, con-
ciliation and persuasion, If the Commission cannot resolve an
alleged violation of this article, the executive director of~`~,the
.Commission shall be authorized to request that a complaint be filed
in municipal court.
"(b) If, following the execution of a written conciliation
agreement between the Commission and a party charged with a viola-
tion under this article, the executive director of the Commission
receives credible evidence that gives him probable cause to believe
that the party who has executed a conciliation agreement has vio-
lated the terms of this article after the conciliation agreement
had been executed, the executive director of the Commission shall
be authorized to request tYaa~t a complaint be filed thereon in
municipal court,"
SECTION 3 .
That this ordinance shall be cumulative of all provisions or
ordinances and the Code of the City of Fort Worth, Texas (1964),
as amended, except where the provisions of this ordinance are in
direct conflict Stith the provisions of such ordinances and such
Code, in which event, such conflicting provisions of such ordinances
and Code are hereby repealed.
SECTION 4.
That all rights or remedies of the City of Fort Worth, Texas,
are expressly saved as to any and all violations of the Code of
the City of Fort Worth, Texas (1964), as amended, and of any other
ordinance which have accrued at the time of the e~ffect•v~e date of
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this ordinance; and, as to such accrued violations and all pending
litigation, bath civil and criminal, whether pending in court or
not, detected or undetected shall not be affected by this ordinance
but may be prosecuted until final disposition by the courts.
SECTION 5 .
That any person, firm, association or corporation, or any em-
ployee or agent thereof violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor, and each such
person, firm, association or corporation, or any employee or agent
thereof shall be deemed guilty of a separate offense for each day or
portion thereof during which any violation of any of the provisions
of this ordinance is committed, continued, or permitted, and each
violation shall be punishable by a fine not exceeding two hundred
dollars ($200.00).
SECTION 6.
That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared
void, ineffective or unconstitutional by the valid judgment or
final decree of a court of competent jurisdiction, such voidness,
ineffectiveness or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City
Council without the incorporation herein of any such void, ineffec-
tive or unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 7.
That the City Secretary of the City of Fort Worth is hereby
directed to publish the caption, penalty clause and effective date
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of this ordinance fir five (5) days in the official newspaper of
the City of Fort Worth, as authorized by Article 1176b-1, Revised
Civil Statutes of Texas.
SECTION 8 ,
That the City Secretary of the City of Fort Worth is hereby
directed to engross and enroll this ordinance by copying the cap-
tion and penalty clause of same in the minutes of the City Council
of Fort Worth and by filing the ordinance in the ordinance records
of said City,
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SECTION 9,
That this ordinance shall be in full force and effect from and
after the date of passage and publication as above specified.
APPROVED AS TO FORM AND LEGALITY:
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City Att rn
ADOPTED : ~"? ~ ~ g 7~j
EFFECTIVE :
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