2004-3450 Ordinance
ORDINANCE NO, 2004-3450
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 62 OF THE MIAMI BEACH CITY
CODE ENTITLED "HUMAN RELATIONS"; BY AMENDING
ARTICLE II THEREOF ENTITLED "DISCRIMINATION" BY
AMENDING SECTION 62-31 ENTITLED "DEFINITIONS" BY
ADDING A DEFINITION FOR "GENDER" TO BE UTILIZED
IN ARTICLE II; BY AMENDING SECTION 62-32 ENTITLED
"PURPOSE; DECLARATION OF POLICY"; BY AMENDING
SECTION 62-88.1 ENTITLED "DISCRIMINATION IN PUBLIC
SERVICES"; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission enacted a Human Rights Ordinance on
December 2, 1992, to secure for all individuals within the City of Miami Beach freedom
from discrimination in housing, employment and public accommodations on account of
race, color, national origin, sex, sexual orientation, age, handicap, marital status or
familial status; and
WHEREAS, the City Commission believes that the Human Rights Ordinance
should be strengthened by adding the prohibition of discrimination because of gender
with a definition including but not limited to sex, and that these amendments are
desirable for the welfare of the residents ofthe City of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Sec. 62-31 of Chapter 62 of the Miami Beach City Code is amended
to read as follows:
Chapter 62
HUMAN RELATIONS
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Article II. Discrimination
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Sec. 62-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
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Classification category means each category by which discrimination is prohibited as set
forth within section 62-32. These categories are as follows: race, color, national origin,
religion, 5e*; gender. sexual orientation, disability, marital status, familial status, or age.
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Gender includes but is not limited to sex. pregnancy. child birth. or medical conditions
related to pregnancy or child birth. gender-related self-identity. self-image. appearance.
expression or behavior whether or not such gender-related characteristics differ from
those associated with the individual's assigned sex at birth.
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Sex means the state of being a male or female.
Sexual orientation means the condition of being heterosexual, homosexual, or bisexual.
SECTION 2. That Sec. 62-32 of Chapter 62 of the Miami Beach City Code is amended
to read as follows:
Sec. 62-32. Purpose; declaration of policy.
The general purpose of this article and the policy of the city, in keeping with the laws of
the United States of America and the spirit of the state constitution, is to promote through
fair, orderly and lawful procedure the opportunity for each person so desiring to obtain
employment, housing and public accommodations of the person's choice in the city
without regard to race, color, national origin, religion, 5e*; gender. sexual orientation,
disability, marital status, familial status, or age, and, to that end, to prohibit
discrimination in employment, housing and public accommodations by any person.
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SECTION 3. That Sec. 62-88.1 of Chapter 62 of the Miami Beach City Code is
amended to read as follows:
Sec. 62-88.1. Discrimination in public services.
No individual shall, by reason of race, color, national origin, religion, se*; gender, sexual
orientation, marital status, familial status, or age, nor any qualified individual with a
disability shall, by reason of disability, be excluded from participation in or be denied the
benefits of the public services ofthe city, or be subjected to discrimination by the city.
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SECTION 4. REPEALER,
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5, SEVERABILITY,
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6, EFFECTIVE DATE,
This Ordinance shall take effect on the 17th day of July
,2004.
PASSED AND ADOPTED this 7th day of
,2004.
ATTEST:
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CITY CLERK
F:\atto\PAPD\Human Rights Ordinance Amendment.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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