The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Ordinance O-2001-017August 16, 2001 -- Temp Ord #1938 Revision No. 1 — Revision No. 2 August 30, 2001 — September 6, 2001 Revision No. 3 — September 7, 2001 Revision No. 4 — September 7, 2001 Revision No. 5 — September 12, 2001 1� CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2001-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 4, "ANIMALS", ARTICLE I "IN GENERAL", SECTION 4-4 "DUTY TO REMOVE EXCREMENT; EXCEPTION" EXTENDING THE WAIVER OF THE PROVISIONS OF THE SECTION TO INCLUDE THE NON -HUMAN PRIMATES OF THE GENUS CEBUS SPECIALLY TRAINED AND PROVIDING PERSONAL CARE SERVICES TO A PARAPLEGIC OR QUADRIPLEGIC PERSON; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac recognizes the challenges faced by the disabled and the newest advances in the provision of services to the disabled population; and WHEREAS, F.S. Section 413.08(1)(c) provides for the rights of those persons with paraplegia or quadriplegia to be accompanied by the non -human primates of the genus Cebus specially trained to provide personal care services; and WHEREAS, Section 4-4 of the City of Tamarac's Code of Ordinances provides an exemption for blind persons having to remove excrement caused by their Seeing -Eye dogs; CODING: Words in stWGk through type are deletions from existing law; Words in underscored type are additions. August 16, 2001 — Temp Ord #1938 2 Revision No. 1 — August 30, 2001 Revision No. 2 — September 6, 2001 Revision No. 3 — September 7, 2001 Revision No. 4 — September 7, 2001 Revision No. 5 — September 12, 2001 WHEREAS, it would be consistent for the City's Code of Ordinances to provide a waiver for a paraplegic or quadriplegic person to remove the execrement of their accompanying non -human primates of the genus Cebus; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to amend Chapter 4, "Animals", Article I, "In general", Section 4-4 "Duty to remove excrement; exception" extending the waiver of the provisions of the Section to include the non -human primates of the genus Cebus specially trained and providing personal care services to a paraplegic or quadriplegic person. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS"clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. CODING: Words in StFU .k thFeyg►, type are deletions from existing law; Words in underscored type are additions. n 1 SECTION 2 to read as follows: August 16, 2001 — Temp Ord #1938 3 Revision No. 1 — August 30, 2001 Revision No. 2 — September 6, 2001 Revision No. 3 — September 7, 2001 Revision No. 4 — September 7, 2001 Revision No. 5 — September 12, 2001 Chapter 4, "Animals", Article I, "In general", is hereby amended Sec. 4-4. Duty to remove excrement; exception. It shall be unlawful for any person in control of, causing or permitting any animal to be on any property, public or private, not owned or possessed by such person to fail to scoop and remove excrement left by such animal to a proper receptacle located on property owned or possessed by such person. In accordance with state statute, this provision is waived for blind persons assisted by Seeing -Eye dogs and non -human primates of the genus Cebus used by a person with paraplegia or guadriplegia, specially trained and providing personalcare services to a paraplegic or quadriplegic person. CODING: Words in 6tFUGk threY94 type are deletions from existing law; Words in underscored type are additions. 1 1 August 16, 2001 — Temp Ord #1938 Revision No. 1 — August 30, 2001 Revision No. 2 — September 6, 2001 Revision No. 3 — September 7, 2001 Revision No. 4 — September 7, 2001 Revision No. 5 — September 12, 2001 M SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. CODING: Words in etFUGk thFeug14 type are deletions from existing law; Words in underscored type are additions. August 16, 2001 — Temp Ord #1938 5 Revision No. 1 — August 30, 2001 Revision No. 2 — September 6, 2001 Revision No. 3 — September 7, 2001 Revision No. 4 — September 7, 2001 Revision No. 5 — September 12, 2001 SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 261h day of September, 2001. PASSED, SECOND READING this 10th day of October, 2001. r� JGE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION SWENSON, CMC CITY CLERK MAYOR SCHREIBER ,4 el A DIST 1: COMM. PORTNER A el A DIST 2: COMM. MISHKIN A el A- I HEREBY CERTIFY that I DIST 3: V/M SULTANOF Al el Al have approved this DIST 4: COMM. ROBERTS Aye, Al ORDINANCE as to form. ITCHELL S. &KAW CITY ATTORNEY commdev\u:\pats\u serdata\wpd ata\ord\1938ord CODING: Words in 6tFYGk t4ewqI4 type are deletions from existing law; Words in underscored type are additions.