Ord 02-13ORDINANCE NO. 02 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE COPE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 9122, "PROHIBITING DOGS IN PUBLIC BUILDINGS,
PLACES OF BUSINESS ", IN ORDER TO ALLOW SERVICE DOGS IN
PUBLIC BUILDINGS OR PLACES OF BUSINESS, PROVIDING A
GENERAL REPEALER CLAUSE; SAVING CLAUSE; AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect
the public health, safety, and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, recognizes that people with
disabilities may require that service dogs accompany them in public buildings or places of business in
accordance with Americans with Disabilities Act Rules and Regulations Regarding Service Animals per 28 CFR,
Part 36.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH AS FOLLOWS:
Section 1. That Section 91.22, "Prohibiting Dogs in Public Buildings, Places of Business ", of the Code
of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows:
See. 91.22 PROHIBITING DOGS IN PUBLIC BUILDINGS, PLACES OF BUSINESS.
It shall be unlawful for any person who shall own, or be in control of or in charge of, any dog,
to allow or permit the dog in any public building in the City, or in any place of business in the City
without the permission of the owner or manager of the place of business, unless the dog is a service
animal that is individually trained to do work or perform tasks for eo le with disabilities includin
g .d ngpeople who are blind, alerting people who are deaf, pulling a wheelchair; alerting and protecting
a person who is having a seizure; or performing other similar duties [as further defined by the
allowed in all areas of the building or place of business where the public is normally allowed to go.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one.
another and any part declared to be invalid or unconstitutional shall not affect the validity of any -remaining
portions of the ordinance.
Section 3. That all ordinances in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on second and final reading on this the 1V' day of
February, 2013.
ATTEST:
City Clerk
First Reading
Second Reading
2 Ord. No. 02 -13
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Douglas E. Smith, Interim City Manager
DATE: February 12, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM ILB. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013
ORDINANCE NO. 02-13
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider an amendment to Section 91.22,
"Prohibiting Dogs in Public Buildings, Places of Business ", in order to allow service dogs in public
buildings or places of business in accordance with the Americans with Disabilities Act.
BACKGROUND
At the first reading on February 5, 2013, the Commission passed Ordinance No. 02 -13.
RECOMMENDATION
Recommend approval of Ordinance No. 02 -13 on second and final reading.
http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6488 &MeetingID =402 4/19/2013
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terrill Pyburn, Assistant City Attorney
THROUGH: Brian Shutt, City Attorney
DATE: January 14, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013
ORDINANCE NO. 02-13
ITEM BEFORE COMMISSION
The item before Commission amends the City's Code of Ordinances, Section 91.22, "Prohibiting Dogs
in Public Buildings, Places of Business ", in order to allow service dogs in public buildings or places of
business in accordance with the Americans with Disabilities Act.
BACKGROUND
The attached ordinance amends the City's Code of Ordinances, Section 91.22, "Prohibiting Dogs in
Public Buildings, Places of Business ", in order to allow service dogs in public buildings or places of
business in accordance with the Americans with Disabilities Act.
RECOMMENDATION
The City Attorney's Office recommends City Commission approval.
http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID =6411 &MeetingID =400 2/12/2013
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