County Commissioner Ordinance - November 2012 (2) 20120000.573E
Filed for Record in
GIBSON COUNTY, INDIANA
DEBBIE S WETHINGTDN. RECORDER
11-07-2012 At 01:41:08 rm.
COUNTY ORD .00
Instrument PG 1 OF 3
GIBSON COUNTY COMMISSIONERS 201200005738
ORDINANCE NO. 2012-10
WHEREAS, in accordance with the Civil Rights Act of 1953, as
amended, the Housing and Community Development Act of 1974 , as
amended, and Indiana Code 22-9 . 5-11, et seq. , the following
provisions are necessary and appropriate to prevent discrimination
in the area of housing because of race, color, religion, sex,
handicap, familiar status or national origin.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSIONERS OF
GIBSON COUNTY, INDIANA AS FOLLOWS :
Section 1 Policy Statement
It shall be the policy of the County Commissioners of Gibson
County, Indiana, to provide, within constitutional limitation, for
fair housing throughout its corporate limits as provided for under
the federal Civil Rights Act of 1968, as amended, the federal
Housing and Community Development Act of 1974 , as amended, and
Indiana Code 22-9 . 5-1 et seq.
Section 2 Definitions
The definitions set forth in this Section shall apply
throughout this Ordinance :
A. Dwelling means any building, structure, or part of a
building or structure that is occupied as, or designed
or intended for occupancy as, a residence by one (1) or
more families, or any vacant land which is offered for
sale or lease for the construction or location of a
building, structure, or part of a building or structure
that is occupied as, or designed or intended for
occupancy as a residence by one (1) or more families
(I .C. 22-9 . 5-2-8) .
B. Family includes a single individual (I . e . 22-9 . 5-2-9) ,
with the status of such family being further defined in
subsection (H) of this Section . Also, pursuant to 24 CFR
Part 5, the definition of "family' is revised to include
families regardless of the actual or perceived sexual
orientation, gender identity, marital status of its
member.
C. Person (IC 22-9 . 5-2-11 ) , includes one (1) or more
individuals, corporations, partnership, associations,
labor organizations, legal representatives, mutual
companies, joint-stock companies, trusts, non-
incorporated organizations, trustees, trustees in cases
under Title 11 of the United States Code, receivers, and
fiduciaries .
D. To Rent (I . C. 22-9 . 5-2-13, includes to lease, to sublease,
to let and otherwise to grant for a consideration the
rights to occupy the premises owned by the occupant .
• Instrument PG 2 OF 3
201200005738
E. Discriminatory Housing Practice means an act that is
unlawful under Sections 4 , 5, 6 , 7 or 8 of this Ordinance
or i. e . 22-9. 5-5.
F. Handicap means, with respect to a person :
1 . A physical or mental impairment which substantially
limits one or more of such person' s major life
activities.
2 . A record of having such an impairment, or
3 . Being regarded as having such an impairment,
4 . An impairment described or defined pursuant to the
federal Americans with Disabilities Act of 1990 .
5 . Any other impairment defined under I .C. 22-9. 5-2-10.
The term "Handicap" shall not include current legal use
of or addictions to a controlled substance as defined in
Section 802 of Title 21 of the United States Code ( I .C.
22-99 . 5-2-10(b) ; nor does the term "Handicap" include an
individual solely because that individual is a
transvestite (IC 22-9 . 5-2-1O (c) .
G. An Aggrieved Person includes any person who (I .e . 22-9 . 5-
2-2) ;
1 . Claims to have been injured by a discriminatory
housing practice; or
2 . Believes that such person will be injured by a
discriminatory housing practice that is about to
occur.
H. Familial Status means one or more individuals who have
not attained the age of 18 years being domiciled with a
parent or another person having legal custody of such
individual or the written permission of such parent or
other person .
The protection 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 18
years .
Z . Commission (I .C . 22-9 . 5-2-3) means the Indiana Civil
Rights Commission created pursuant to I . e . 22-9-1-4 ,
et Seq.
J . Complainant (I . C. 22- 9 . 5-2-4) means a person, including
the Commission, who files a complaint under I .C. 22-9 . 5-
6 .
Section 3 Unlawful Practice
Subject to the provisions of subsection (B) of this Section,
Section 9 of this Ordinance and Title 22-9. 5-3 of Indiana Code, the
prohibitions against discrimination in the sale or rental of
housing set forth Title 22-9. 5-5-1 of Indiana Code and in Section
4 if this Ordinance shall apply to:
Instrument PG 3 OF 3
20120000573E
CERTIFICATION OF ADOPTION
It is hereby certified that this Ordinance Number 2012-10 was
passed by the Commissioners of Gibson County, Indiana, at its
legally convened meeting on the 7 'h day of Novt_,rgt-Q2012.•
ObSON ',,,• GERALD BLEDSOE, PRESIDENT
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tit= jt ;y�1 7977j /e9WAS,
• i 1 S EAU} a' BOB TOWNSEND
"s'•., �NVIAN,' ALAN DOUGLAS
ATTEST: (SEAL)
C . T. MONTGO PRY
AUDITOR `