ty of New Haven pee (205 65480 rer) Signature Copy (aaousrer tn) Ordinance: OR.2022-0020 eae File Number: OR-2022-0020 DINANCE AMENOMENT OF THE NEW HAVEN BOARD OF ALD: NIZE CITY _ORDINANGES TO REFLECT LANGUAGE THAT RESPECTFUL TO PEOPLE WITH DISABILITIES. WHEREAS, People with deabilties ae a cial part of the fabric of New Haven, CCornectiut, andthe United States; and WHEREAS, Congress enacted the landmark Americans with Dissbities Act "Yo provide 2 leer and comprehensive ational mandate for the elimination of discrimination against indiidvals wt csabiltes; and WHEREAS, the integration mandate of the Americans with Disabites Act is inlonded to cliinato the aries to community participation for people with sabes incuding, employment, state and local goverment programs, and pubic accommodatons, and WHEREAS, the Board of Alders recognizes the Importance and impact of language on Peteeptions and treatment of people with dsabites and wants to ensure respectful language when addressing and refering to all ts cizens. NOW, THEREFORE BE IT ORDAINED by the Board of Alders that the Text Amendments are hereby adopted and made apart ofthe enumerated Ordinances. GE IT FURTHER ORDAINED that said Text Amendments shall take effect on October 1 20, See, 1274432. Disability 19) A person may not discriminate inthe sale or rental or otherwise make unavaliable or ony @ dwoling to any buyer or renter because ofthe csabilty of 1a) That buyer or renter 12) A person residing in or intending to reside in that dweling after it is $04, rented or ‘made avaiable; oF 1b) Any person associated wih that buyer or renter fA person may not discriminate against ary person in the terms, condtons, oF privileges of sale or renal of @ dweling or in the provisions of services or facies in Connection wth the dweling because ofthe dsabilty of 18) That person; 12) A person residing in or intending to reside in that dweling afer i is sod, rented or ‘Spe ggmade avaiable; ‘Any person associated with that person. (For purposes of this section only, escriminaton includes: ' refusal to pert, at the expense of the person with a csabity, reasonable ‘odifeations of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the policies, practices, or services, when the accommodations may be necessary to afford the person ‘equal opportunity to use and enjoy a dweling: or In connection with the design and constructon of covered multifamily dweling for frst occupancy afer March 12, 1991, a failure to design and. construct ‘those dwelings in a manner that +The dwelings ave at least one (1) building entrance on an accessible route, unless it is impractical to do so because of the tecaio or unusual characterises ofthe site. Wi expect to awelings wih a bulding entrance on an accessible route: 1) The public use and common use portion of the dwelings are ready accessible to and usable by persons with disables; tw All the doors designed to allow passage into and wihin all promises are sufciently wide to allow passage by persons wih disabilities in wheelchairs, and 1 All premises within covered mutfarly dweling units contain an ‘accessible route Into and through the dweling, Hght swvtches, eectcal Cutlets, thermostats and other environmental controls in accessible locations, reinforcements in bathroom walls to alow later intalltion of crab bars, and usable kichens and bathrooms such that an individual in {2 wheelchair can maneuver abeut the space. (Compkance vith the ‘appropriate requirements of the American Natonal Standard for ‘Accessible and Usable Buldings & Facies ("ANSI A 117.1") satsfes the requirements of this subsectn With respect to dwelings located above the first for with at least one (1) elevator its only accessible means of ingress and egress for persons with cisabilies te any floor above the ground-oor a A falure to provide twenty-four (24) hour advance wren notice of scheduled maintenance on the elevators of falure to conduct scheduled ‘maintenances in accordance with industy standards. and manufacturer's recommended maintenance; (Improper oF inadequate maintenance causes repeated or persistent failures resulting in inoperable or ou-ot-senvice elevators; or a Failure to promptly repair elevators and restore elevator senice, For purposes of this subsection, an elevator that i¢ the only means of access for persons with dsabites fo a floor above a ground flor shall be deemed in Volaton of this subsecton if is out of service for more than three (3) days unless: 1a) The owner oF operator demonstrat thatthe delay in repair is dueto croumstences beyond is control and 1a) The owner demonstrates that i hat offered to pay sutable atemative housing for al tenants with dieabiltes and ther families residng in the ‘dweling unt the repair is complete 4) As usedin this eubsecton, the term “covered mulifamy dwelings” means: (0) Bullings consisting of four (4) or more units if the bulings have one (1) oF more elevators; and (2) Ground-foor unis in other buildings consisting of four (4) oF more unis, 19 Nothing in this section requires that a dueling be made available to an indhidual whose tenancy would constiute © direct threat to the health or safely of other Individuals or whose tenancy would result in substantial physical damage w the property of thers. (Ord of 1-6:92; Ord of 6-1-92; Ord. of 312.01; Ord. No, 2016-0025, 66-16) Note(s) See the editor's note to § 12%-43.1 See. 127443, Prohibited activity. Wt shall be a discriminatory practice in vilaton of this aricle for the lessor or other person (6) To celuse to sell or rent after the making of a bona fide ofer, or to refuse to negotiate for the sale oF rental of, oF otherwise make unavaiable or deny, a ‘dweling to any person because of race, creed, color, religon, national orig ‘ancesty, sex, gender identiy or expression, marital status, sexual orientation, ‘a9 awful source of income, cisabily, or fail statue, (©) To discriminate against ary person in the terms, conditions, or privileges of sale (oF rental of 2 dweling oF in the provsion of services or faites in cannection therewith, because of race, color, religion, ceed, sex, gender identity oF ‘expression, martal staus, sexual oventaton, age, famial stats, national origin, ‘ancestry, disabilty, oF unlawful source of income, To make, print, oF cause to be made, printed or published, any notice, statement ‘or adverisement, with respect to the sale or rental of a dueling that incestes any preference, limitation or disceminaton based on race, creed, color, religion, national origin. ancestry, sex, gender identity or expression, martal stitus, age. lawful eouree of income, fama satus, sexual orientation, deabity, or an intention tomake any such preference, limitation oF eisctimination (6 (1) To represent to any person because of race, color, religion, creed, sex, ‘gender identiy or expression, marta status, sexual orientation, age famital satus, national origin, ancestry, disabilty, or lawful source of income that any dweling is not avalable for inspection, sale or rental when such dueling is in fact 20 avaiable: and 12) It shall be a violation of this subdivision for any person to restict or ‘attempt to reat the choices of any buyer or renter to purchase or rent 2 aweling To an area which is substantaly populated, even if less than a rmajoiy, be persons of the same protected class es the suyer or renter Syatera no rrWhile such person is authorzed to offer for sale or rent another ‘dweling which meets the housing criteria as expressed by the buyer oF renter to such person; and 1 Such other dueling isin an area which Is not substantially populated by persons of the same protected class as the buyer or renter. AS used in this subdlvsion, "area" means municipality, neighbornood or ‘ther geographic subavsion which may Incude an apartment or Condominium complex; and "protected cass" means rece, color, religion, creed, sex. gender identty or expression, marta!” status, ‘sexual’ onentaon, age, familial status, national origin, ancestry, isbilty, or lawful source of income. intimidate, threaton or interfere with any person in the exercise oF ‘enjoyment of or on account of his/her having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by G.S, section 483-84c, as amended by Pubic Act No. 92-257, section 2 10. For prot, to induce or stem to induce any person to sell or rent ary dweling by representation regarding the entry or prospective enty info the neighooroed of @ person or persons of @ paricular race, cole, religion, cree, sex, gender idently or expression, martal status, sexual orientation, age, familial status, national origin, ancestry, dsbliy, or awful source of income, te For any person or other entiy engaging In residential real estate-related transactions to dscrimnate against any person in making avaiable such a transaction, or in terms or condtions of such @ transaction, because of race, ‘color, religion, creed, sex, gender identity oc expression, marital status, sexual ‘oreniation, age, femal status, national orgin, ancesty, lsabity, or lawful source ofincome To deny any person access to or membership or participation in any rmutipl-istng service, real estate brokere’ organization or other server, organization, or faityrelaing to the business of seling or renting dwelings, or to dsciiminate against hinvher in the terms or conditions of such acces membership or participation, on account of rece, color, raligion, creed, sex gender identiy or expression, mantal status, sexual orientation, age, fami status, natonal origin, ancestry, cisabilly, or lawful source of income. 1 Toraise rents because of, orin anticpaton of, any effect ofthis arti 1 To evict or attempt to evict any person if a motvatng factor for the eviction isthe occupancy or potential occupancy ofa minor chido ciren (Ord, of 56-80, § 3: Ord. of 1.6.92; Ord, of 61-92; Ord. of 312.0%; Ord, No, 1686, 11-10-11 , ‘Sec. 1274-50. Prima face presumption of discrimination The fact that an employer does. pay or reimburse membership fees. or other expenses associated wih patcipation by its employees nan exclusionary private ‘organization establishes prma face that such participation confers an employment ‘advantage or constitutes or results in discrimination in a term, prvlege or condition of femployment on the basis of race, color, religion, creed, ‘sex, gender identity or ‘expression, marital statue, sexual onentaon, age, famifal statue, national. ofigin, ‘ancestry, oF disabiity The employer shall have the opportunty of demonstrating to the perme mre resentcommission that such an employment advantage or discrimination doesnot exit (Ord. of 826-83; Ord No, 1686, 11-10-11) See. 12¥i Same-Functions; statutory provisions adopted re equal opportunities, “The function of the commission shal be To promote mutual understanding and respect among, and encourage and assure equally of opportunity for, all the people of New Haven without regard for ‘her race, cole, religion, ceed, sox. gender identity or expression, mata status, sexual orientation, age, tamil status, national origin, ancesty, of disability to ‘conduct such programs of education, study, research, investigation and action, 2s el 28 contribute to carrying out the purposes and provisions of this chapter, and to cooperate with governmental and nongovernmental agencies | andcxganizations inthe flo intergroup relations and equal opportunites; and (©) To undertake in New Haven through local ofcial action the implementation of GSS, secon 463.58 (prehibting the deprivation of rights, prvloges oF Immunities secured or protected by the consttuton or laws of Connecteut or of the Unied States on account of religion, national origin, allenage, color, race, creed, sex, mantal status, age, lawful source of income, famikal status, bindness, corcisabiy) GS. section 460-59 prohibiting discrimination in association of licensed persons), GS, section 468-60 (prohibiting discriminatory employment Practices: ©. seston 480-64 (prohibiting crimination in placee of puble ‘Secommadaton, including housing), or GS. secton 462-66 (prohibiting Gisciminatory credit pracices), the provisions whereof are incorporated herein by reference. References in this chapter to such sections of the Connecticut General Statutes shall include amendment thereof as may be made from time to time. (01d. of §-14.64, § 4; Ord of 1046.69, Ord, of 56-74; Ord. of 1-8:79, Ord. of 1-21-86; Ord 4-6:92, Ord. 06-182, Ord, of 3-12.01; Ord. No. 1888, 11-1041) ‘Sec, 27-32. le, snow, sleet Duty of abutting owner to romove or abate. Romoval. The owner of land or 2 building, bridge or premises froming upon the ‘sidewalk, or connected with @ footway, shall remove snow, sleet or ice within a ‘minimum of fory-two (42) inches of such property including accessible ramps within ‘twenty-four (24) hours aftr a storm ends. Abatement. I the owner of the propery refered to in subsecton (a) cannot ently remove the snow, sleet orice wihin the aforesaid parameters, he/she shall cover the ‘affected potions) wih an abrasive substance so as to keep the property In a reasonably safe condition at all times. Penalty. Ha property owner fais to comply with subsections (a) and (b), above, wii tweny-our (24) hours afer receiving notice to remove the snow, sleet oF ice from an appropriate ciy cfcia, said owner shall be punished by a one hundred ‘lar (5100.00) ne, or an amount up to the maximum allowed under state statute Each day that the oltion continues shal constitute a separate offense (Code of 1885, § 27-9; Ord. of 10-17-88, § 16.014, No, 1426, 9-28-06; Ord, No. 1587, 420-09) Sec, 12/48, Definitions. In this arte, the folowing defiritons shall ply Cy: The Cty of New Haven City contract. Any contract between the city and an employer to be paid in whole or in ‘ar by public funds or in-kind contribution fom the iy, ‘Commission: Commission on equsl opportunities ofthe City of New Haven, Employer Any person who i 2 party to a lly contact and who employs thrae (3) or ‘more employees exclusive of parents, spouse or children, Porson: One (1) of more individuals, partnerships, associatons, organizations, legal representatives, trustees or other legal entities. Sipe rary PinnsenMate 082022002 Employoes: Al individuals employed by an employer including those working ful or parttime and executive and adminstratve offcers and personnel. The term "employees" shall extend to all such employees and shall not be limited to those performing or doing ‘wok under the city contract. {Exclsionary prvate organzaton: Any organzaten, cub or association whic bars, resrcis or limits membership or use of iis dining or recreational facies on the basis of ‘ace, color, region. creed. sex. gender identty of expression, marital status, sexual ‘tentation, ape filial status, natonal origin, ancesty, or dsabilly (Ors. of 8-26-85; Ord, No, 1086, 11-10-11) See. 12%49, Contract requirements. lo) Each ily contract shall provide that payment or reimbursement by the employer of membership fees or other expenses associated wih participation ty is employees in an exclusionary private organization, insofar as such participation confers an femployment advantage or constitutes or resus In discrimination with regard to hiring, tenure or employment. promotions, terms, privileges, or conditions of employment on the basis of race, color, religion, creed, sex, gender entity oF expression, marital status, sexual oventation, age, familal status, natonal origin, encesty, or dsabily ‘consis a substantial breach of such cy contact entitling the city to al rights and remedies provided in the cly contract or otherwise available in law or equity. The city Contract also provides that the employer will require like covenants in all subcontracts \which are entred into by the employer under such city contract 1») Each cy contract also require the employer to cooperate with the commission in ‘any manner which the commission deems reasonable and necessary for the commission 10 cary out ls responsibilties under this article and that falure to $0 cooperate constitutes a substantia! breach of the cy conract entitng the cty to all fights and remedies provided in the cly contract or otherwise avaiable in law or eauity. (01d. 09-26-83; Ord. No. 1088, 11-10-11) ‘See. 12/2. Findings. lo) The population of New Haven is composed of people of diverse races, genders and gender identities, colors, religious creeds and national origin. It is essential to the health, safety and welfare of the ciy and is inhabitants that those diferences serve only as bases of inivdual and community strength and integrity and not as causes of Giscriminaton, segregation and. restrcted opportunities. Discrimination and its Consequences cost the cy and its people deary. They cause unsafe and unsanitary housing, unemployment and underemployment, and waste of human potential. They aso cause increased cme, juvenile delinquency, disease, fre, puble disorder, dfeiences in the ciy’s education system, higher welfare costs, and loss of tax 1») Denial of equal opportunities to any person on the basis of race, cole, religion, creed, sex, gender identity or expression, martal status, sexual orientation, ge, familial stalus or national origin, ancestry, or disabitly is against the public policy of the state Government inatve to repar the consequences of past denials of equal ‘opportunites, and to prevent such denials in the future, promotes the state's public policy. Because New Haven's population is more diverse in race, gender and genderFleer OR 20280020 identities, color, region, creed and national origin than the population of less densely populated areas of Connecticut, and the need for intergroup respect and Understanding Is therefore greater, tis essential that official local action be taken to Promote and assure equality of opportunity for al residents ofthe ey. (Od, of 5-14.64, § 2; Ord, of 56-74; Ord. of 86-90, § 1; Ord of 16-82; Ord. of 6-1-92; Ord (0131201; Ord No, 1656, 11-10-11) ‘Ste. 17.41.10. Pushearts. (@) A lcensed vendor, ncusing a restaurant vendor, shall not vend from @ pushcart uniess It complies with the standards set out inthis subsecton. The height of the pushcar, Inetuding canopies, umbrellas, or wansparent enclosures, shall not exceed ten (10) feet The madmum length of the pushcart shall be eight (8) feet, and maximum width shall be fve (6) feet. Each pushcart shall have @ minimum of two (2) wheels and no ‘more than four (4) wheels and shal be funcional and decorative. (o) Pushcarts shall be buit of durable materials that are easy to Keep clean and are ‘approprate for exterior use and which wil wtstand strong winds. If wood is used i shall be painted or otherwise coated to create a glossy fish No bare or pressure treated wood winout an addtional glossy finish coating is permitted. Each pushcart shall nave stably features such as brakes or chocks to frmiy fx its location, Pusheart tongues (including, but no lmted to, hitches, oc handles) mist detach and be stored Cut of the way or be folded away while the pushcat is statonary and in use. Pushears ‘ate 0 be open and the censed vendor shal not standin, be partially oF fully enclosed by. or operate within the pushcar. ()Pushcart vending or sidewalk sales shall not be conducted in font af the entrance or fet to any buling or driveway, within twenty (20) feet of any bulding entrance, ei or alcove, criveway, mailbox, fre hyérant, Va signal, bus sop, or loading zone. (a Pushcaris are to be located fully within the boundaries of the paved sidewalk surtace andlor tree belt white on public space, provided, however, that on those streets were ‘no paved sidewalk exists, carts shal be 80 placed as t0 not interfere with pedestrian fF vehicular trafic. No part of any pusheart may extend over the curb tne, nor shal it be postoned in such manner as to obstuct a crosswalk, accessible ramp, fre hydrant, criveway or access to any bulling. Pushcars must be postioned to allow an unobstructed pedestian walkway atleast five (6) feet in width, or in accordance with section 17-45 of tis Code. Where a tive (6) foot width does not exist, vending shall be prohibited 1m) No conveyance, enclosed or open, larger than a pushcarts maximum size of eight (8) feet in length and five (6) feet in width, shall be permed on any sidewak unless otherwise permited by special vending distict regulaton. Vending conveyances fexceeding pushcart maximum size must adhere to the same reguiatons a food true, (01, No, 1819, 41947) See, 12%42, Definitions. 16 Minor child means any person less than eighteen (18) years of age (6 Elderly person means any person who has attained the age of sixty (60) or more years. Geren(Lessor means the owner, real estate broker, assignee or other person having the right of onmership, the ight of possession or the right to rent oF lease any housing ‘2ocommariaton, or any agent or employee of such person, (4 Dwoling means. any bulling, stucture, mobile manufactured home park or potton thereof which is occupied as, or designed or intended for occupancy as, 2 residency by one (1) or more families, and ary vacant land which is offered forsale (oF lease for the constuction or location thereon of any such bulding. stuctue, ‘mobile manufactured home park or portion thereot Family includes a single individual (Person includes one (1) of more individuals, corporations, _ partnerships, ‘associations, labor organizations, legal representatives, mutual companies, joint-stock companies, tusts, unincorporated organizations, trustees, receivers ‘nd fiduiaies, (@ To rent includes to lease, 10 sublease, to let and ctherwi consideration the right to occupy premises not owned by the occupant (6) Disabilty means, with respect to a person: 1a) A physical or mental impairment which substantaly mts one (1) or more of such person's majorite activites; 12) A record of having such an impairment; oF '3) Being regarded ae having euch an impairment but such term does not inctude current legal use of or addiction toa controlled substance (© Aggrieved person includes any person whe: (a) Claims to have been injured by a discriminatory housing practice; oF 12) Believes that such person willbe injured by a discriminatory housing practice that is ‘about to occu © Complainant means the person (Inching the executive director) who fles a complaint under section 1246, (©) Familial status means one (1) or more individuals who have not atiained the age of eighteen (18) years being domicied with: 1) Aparentor other person having leg to grant for a |Atamooting of he on a mation was made by seconded by, that his Ordnance be Approved. ‘The mation passes ctyrTown cl F pate Ul [re x: CityrTown Clerk Date pate 11/3/20 rE