Ord 002-83 1/4/1983 ORDINANCE NO. j_13
ORDINANCE PROHIBITING DISCRIMINATION IN PUBLIC
ACCOMMODATIONS, AND PROVIDING AN ADMINISTRATIVE
PROCEDURE FOR THE HANDLING OF COMPLAINTS CONCERNING
SUCH DISCRIMINATION.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
DISCRIMINATION IN PUBLIC ACCOMMODATIONS
Section 1 . Declaration of policy .
(a) It is hereby declared to be the policy of the City of
Wichita Falls to bring about through fair, orderly and lawful pro-
cedures , the opportunity of each person to obtain goods and services
in all places of public accommodation without regard to race, color,
religion, sex, national origin, age, and physical or mental handicap.
(b) It is further declared that such policy is established
upon a recognition of the inalienable rights of each individual to
obtain goods and services in all places of public accommodation without
regard to race, color, religion, sex, national origin, age, and
physical or mental handicap; and further that the denial of such
rights through considerations based on race, color, religion, sex,
national origin, age and physical or mental handicap is detrimental
to the health, safety and welfare of the inhabitants of the City and
constitutes an unjust denial or deprivation of such inalienable
rights which is within the power and the proper responsibility of
government to prevent.
Section 2 . Definitions .
As used in this article, the following words and phrases shall
have the meanings respectively ascribed to them in this section
unless the context requires otherwise:
(a) Age refers to a person over the age of nineteen (19) years .
(b) Administrator means the administrator of the Human Relations
Commission of the City of Wichita Falls .
(c) Discrimination means any direct or indirect exclusion,
distinction, segregation, limitation, refusal, denial or any other
differentiation in the treatment of a person or persons on account
of race, color, religion, sex, national origin, age and physical
or mental handicap in all places of public accommodation.
(d) Physical or mental handicap means any physical or
mental impairment which substantially limits one or more major
life activities .
(e) Place of public accommodation is each of the following
establishments which serve the public:
(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 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 establish-
ment, or any gasoline station;
(3) Any motion picture house, theater, concert hall, sports
arena, stadium or other place of exhibition or entertainment;
(4) Any bar, tavern, pub, drinking establishment, or facility
where alcoholic beverages are served;
(5) Retail establishments selling any kind of goods or
services; and,
(6) Any establishment:
A.i . Which is physically located within the premises of
any establishment otherwise covered by this subsection; or,
ii . Within the premises of which is physically located
any such covered establishment; and,
B. Which holds itself out as serving patrons of such
covered establishment.
Section 3 . Interpretation .
In construing this article, it is the intent of the Board of
Aldermen that the courts shall be guided by Federal Court interpreta-
tions of Title II of the Civil Rights Act of 1964 , as amended.
Section 4 . Prohibited practices .
(a) All persons shall be entitled to the full and equal employ-
ment of the goods, services , facilities , privileges , advantages, and
accommodations of any place of public accommodation without discrimina-
tion or segregation on tie ground of race, color, religion, sex,
national origin, age and physical or mental handicap.
(b) It is an unlawful discriminatory act for any person, being
the owner , proprietor, or lessee of any place of public accommodation
to directly or indirectly exclude, segregate, limit, refuse or
deny to any person any of the accommodations , advantages, facilities,
benefits, privileges , services or goods of that place on account
of race, color, religion, sex, national origin, and physical or mental
handicap.
(c) It is an unlawful discriminatory act for any person,
being the owner, proprietor, or lessee of any place of public accom-
modation, to circulate, issue, display, post, mail, or otherwise
to publish a statement, advertisement, or sign that indicates that
any of the accommodations , advantages, facilities , benefits , privileges ,
services, or goods of that place will be denied to any individual
on account of race, color, religion, sex, national origin, age or
physical or mental handicap, or that the patronage of, or presence
at that place of, any individual is objectionable, unwelcome,
unacceptable, undesirable, or unsolicited on account of race,
color, religion, sex, national origin, age, or physical or mental
handicap.
Section 5 . Procedure for violations .
(a) The Human Relations Commission of the City of Wichita Falls
is provided as an administrative vehicle for the procedural handling
of complaints concerning any person engaging in any unlawful public
accommodation practice.
(b) Whenever a charge is filed with the Commission by a person
claiming to be aggrieved (hereafter referred to as "person aggrieved")
alleging unlawful public accommodation practice, the administrator
shall serve a notice of the charge (including the date, place and
circumstances) with as much specificity as possible of the alleged
unlawful public accommodation practice on such owner, proprietor
or lessee (hereafter referred to as the "respondent") within ten (10)
days; provided, however, that before any charge becomes accepted
for investigative purposes the administrator shall have personally
reviewed with the person aggrieved the allegations contained therein
and shall have determined that said charge comes within the provi-
sions of this article. In the event such review results in the
determination that a particular charge does not come within the
provisions of this article, the person aggrieved shall be given a
clear and concise explanation of the reasons why it does not.
Records shall be maintained indicating the reason for which a charge
was not accepted for investigation. A report of charges accepted
shall be compiled by the Administrator and the results and recom-
mendations shall be filed with the Committee on Public Accommodations
of the Human Relations Commission of the City of Wichita Falls at
such time as the Committee directs . A charge under this section
must be filed within one hundred eighty (180) days following the
occurrence of the alleged unlawful public accommodation practice .
(c) Charges shall be in writing under oath or affirmation and
shall contain such information and be in such form as the Commission
requires .
(d) If the Administrator or authorized representative deter-
mines after investigation that there is not reasonable cause to
believe that the charge is true, the Commission shall dismiss the
charge, and promptly notify the person aggrieved of its action.
(e) If after investigation it is determined that there is
reasonable cause to believe that a charge is true, the administrator
or his authorized representative shall endeavor to eliminate any
such alleged unlawful public accommodation practice by informal
methods of conference, conciliation and persuasion. Nothing said
or done in the course of such informal endeavors may be made public
by the Commission, the administrator or his authorized representative,
the person aggrieved, or the respondent, or be used as evidence in a
subsequent proceeding without the written consent of all persons
concerned . All determinations shall be reasonable and be made as
promptly as possible . Should a respondent desire at any time to
enter into a predetermination settlement, said settlement shall be
allowed provided the person aggrieved and the administrator agree
such is acceptable and in accordance with the objectives of this
article.
(f) If the administrator is unable to secure from the respon-
dent an acceptable conciliation agreement after investigation, the
Commission may direct the administrator to cause the case to be
prosecuted in Municipal Court or refer the case to other agencies,
as appropriate.
Section 6 . Access to records .
In connection with any investigation of a charge filed under
this article, the administrator or his authorized representative
shall at all reasonable times have access to, for the purposes of
examination and the right to copy, any evidence of any person being
investigated or proceeded against that relates to unlawful public
accommodation practices and is relevant to the charge under investi-
gation and is not confidential as provided by law.
Section 7 . Rules and regulations .
The Commission shall have authority from time to time to
issue, amend or rescind suitable procedural regulations to carry out
the provisions of this article . Such rules and regulations shall
provide for procedural due process and be subject to review and
approval by the Board of Aldermen.
Section 8 . Exemption.
The provisions of this article shall not apply to a private club
or other establishment not in fact open to the public, except to
the extent that the facilities of such establishment are made available
to the customers or patrons of an establishment within the scope
of Sec . 2 (e) (6) of this article.
Section 9 . Penalties .
Any person, firm or corporation violating any provision of
this article shall be guilty of a misdemeanor, and upon conviction
thereof in Municipal Court shall be subject to a fine of not more
than Two Hundred Dollars ($200 .00) for each violation thereof, and
each day such violation shall be permitted to exist shall constitute
a separate offense.
PASSED AND APPROVED this the 4th day of January, 1983.
M A Y O R
ATTEST:
City Clerk
Ft- ECGIvED IN OF
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____,�_.— -- Affidavit of Publication
BY
THE STATE OF TEXAS
COUNTY OF WICHITA
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FACIA MAXIMUM SPEED
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STREETS• for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
ORDINANCE NO. 112-82
AN ORDINANCE CLOSING, Times, a newspaper published at Wichita Falls in Wichita County, Texas, and
V A C A T I N G A N D
ABANDONING THE SOUTH
TWO HOFDRED EIGHT(208)FEET OF A TWENTY-FIVE upon being duly sworn by me,on oath states that the attached,advertisement is a true
(25) FOOT WIDE ALLEY IN ONE(1)
BLOCK 1 6 6, ORIGINAL and correct copy of advertising published in issues
TOWNSITE OF WICHICA
FALLS, T E X A 5 AND thereof on the following dates:
RETAINING A UTILITY
EASEMENT.
ORDINANCE NO. 113-82
AN ORDINANCE CLOSING, Jan. 18
V A C A T I N G 'A N D
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TWENTY-FIVE (25) FOO.r S '�
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WICHITA FALLS, TEXAS. , Bookkeeper for Tiimes Publi ing Company
ORDINANCE NO. 114-82
AN ORDINANCE CLOSING, of Wichita Falls
V AC A T I N'G A N D
ABANDONING A TWENTY
( 2 0 ) FOOT W I D E ,
NORTH-SOUTH ALLEYIN i Subscribed and sworn to before me this the day and year first above written.
BLOCK 18A, HIGHLAND
ADDITION TO THE CITY OF ///JJJ
WIOR FALLS, TEXA8.
ORDIDI NANCE NO. 115=82
ORDINANCE AMENDING c__
SECTION 7-14 OF THE CODE
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OF ORDINANCES TO ADOPT .°��-��?,V;.
THE 1982 EDITION OF.THE ^:'t ROY L. RERVES
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ORDINANCE NO i,' >'r
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CREDITS" INsmersvSTEM (12) FOOT WIDE "L" FUND TO ACCOUNT AND PROVIDING AN
FOR SERVICE PERFORMED SHAPED ALLEY IN BLOCK 5, NUMBERS LISTED BELOW, ADMINISTRATIVE j
BY QUALIFYING MEMBERS SIBLEYTAYLORADDITION AND DECLARING AN PROCEDUREFOR THE`
OF SUCH SYSTEM IN THE TO THE CITY OF WICHITA I EMERGENCY. H A N D L I N G O F •
EMPLOYMENT OF THE FALLS, TEXAS, AND ORDINANCE NO. 2-83 COMPLAINTS CONCERNING
CITY OF WICHITA .FALLS; RETAINING A UTILITY A N O R D I N A N C E SUCH PRACTICES.
P R O V I D I N G F O R EASEMENT. P R O H I B I T I N G ORDINANCE NO. 5-83
INCREASED. PRIOR AND ORDINANCE NO. 119-82 DISCRIMINATION IN ORDINANCE CREATING A
CURRENT S E R V I C E AN ORDINANCE CLOSING P U B- L I C MECHANICAL CODE BOARD
ANNUITIES FOR RETIREES AND ABANDONING ACCOMMODATIONS,`AND OF ADJUSTMENTS AND
AND BENEFICIARIES OF I CERTAIN OLD TEN FOOT P R O V I D I N G A N APPEALS.
DECEASED RETIREES OF. '1 WIDE CARRIAGE TRAILS IN ADMINISTRATIVE ORDINANCE NO.6-83
T H E C.I T Y ; A N D BLOCKS•K, L, AND R IN I PROCEDURE FOR THE ORDINANCE GRANTING
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' EFFECTIVE DATE FOR AND APPROVING REVISED COMPLAINTS CONCERNING (a), AND (c) OF THE CODE
SUCH ACTIONS. PLAT. SUCH DISCRIMINATION. OF ORDINANCES TO ALLOW
ORDINANCE NO. 117-82 ORDINANCE NO. 120-82 ORDINANCE NO.3-83 THE OWNER OF A. V.
ORDINANCE WAIVING AN ORDINANCE MAKING ORDINANCE AMENDING MOTE'S GARAGE TO DELAY
ORDINANCES CONCERNING AN APPROPRIATION FROM ARTICLE I I OF CHAPTER 13 CONSTRUCT 1 O N O F A
CITY ENFORCEMENT OF THE WATER-SEWER BOND O F THE C O D E O F ..SIDEWALK UNTIL SUCH.
DEED RESTRICTIONS FOR FUND-SERIES 1981 FUND TO ORDINANCES (SECTIONS TIME AS PEDESTRIAN
T H E FO L LO W I N O ACCOUNT NUMBERS 13-11 THROUGH 13-27), TRAFFIC WARRANTS ITS
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1-8, BLOCK 73 AND LOTS 1-4, EMERGENCY. HOUSING PRACTICES, AND
BLOCK 74. I ORDINANCE NO. 121-82 P R O V I D E S A N
ORDINANCE NO. 118-82 AN ORDINANCE MAKING A D M I N I S T R A T I V E
AN ORDINANCE CLOSING, AN APPROPRIATION,FROM PROCEDURE FOR THE
V A C A T I N G A N D THE WATER-SEWER H A N D L I N G O F
ABANDONING A TWELVE OPERATION FUND TO COMPLAINTS CONCERNING
(12) FOOT WIDE "L", ACCOUNT NUMBERS SUCH PRACTICES.
SHAPEDALLEYINBLOCK5, LISTED BELOW, AND
SIBLEY TAYLOR ADDITION I D E C L A R I N G A N
TO THE CITY OF WICHITA i EMERGENCY.
FALLS, TEXAS, AND