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EXHIBIT 1
ORDINANCE NO. 2015 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF HALLANDALE BEACH, FLORIDA, AMENDING
CHAPTER 6 ANIMALS, ARTICLE I, IN GENERAL, BY
CREATING DIVISION 2. SERVICE ANIMALS AND SECTIONS
6-13 THROUGH 6-18 PROVIDING FOR ASSISTANCE TO
SERVICE ANIMALS AND THEIR OWNERS IN THE EVENT OF
AN EMERGENCY, PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City of Hallandale Beach is committed to ensuring the inclusion of
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disabled persons into all facets of the community and in making an effort to meet the on-going
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needs of disabled individuals; and
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WHEREAS, the City of Hallandale Beach makes a continuous effort to adopt and
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implement policies, protocols and programs which address the needs of its residents with
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disabilities; and
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WHEREAS, Florida statute § 413.08 provides that an individual with a disability has the
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right to be accompanied by a service animal in areas of public accommodation that an individual
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is normally permitted to occupy, which includes all public areas, institutions, commercial
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establishments, and residences throughout the City; and
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WHEREAS, an emergency situation involving a service animal within the City recently
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revealed that residents with disabilities and/or visitors who have service animals may be unable
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to transport his/her service animal to an emergency veterinarian in the event of an injury or
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serious illness; and
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WHEREAS, it is recognized that the City’s Police Department provides emergency
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response services as part of its general law enforcement, maintenance of order, and protection
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services for the City; and
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WHEREAS, the Mayor and City Commission believe that it is in the best interest of the
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residents with disabilities and visitors, and therefore the entire community, that the City’s Police
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be authorized, trained, and equipped to provide limited emergency assistance to Individuals with
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a Disability and their service animals in the event of emergency situations involving the health
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and well-being of a service animal.
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NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
HALLANDALE BEACH, FLORIDA:
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SECTION 1. Chapter 6 Animals of the Code of Ordinances of the City of Hallandale
Beach, Florida is hereby created to read as follows:
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Division 2.
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Section 6-13 Legislative intent
Assistance to Service Animals
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It is the intent of the City Commission of the City of Hallandale Beach, Florida, to enact
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by Ordinance, local laws providing for a means by which the City, through its Police
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Department, may provide assistance to individuals with a Disability and their service animals, in
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the event of an emergency situation involving the health and wellbeing of a service animal. The
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intent of this Division is for the City to offer and provide emergency transportation, via personnel
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of the Police Department, of ailing service animals and their corresponding owner to one or
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more previously identified veterinary treatment facilities, in an effort to assist the disabled
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owners find urgent, emergent, and/or potentially life-saving care for their service animal.
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Section 6-14. Definition
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The following terms shall have the meaning provided in this section, which to extent to the
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extent applicable follow Florida Statute § 413.08, as may be amended from time to time:
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(1) Individual with a Disability- means a person who is deaf, hard of hearing, blind, visually
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impaired, or otherwise physically disabled. As used in this paragraph, the term: “Hard of
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hearing” means an individual who has suffered a permanent hearing impairment that is
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severe enough to necessitate the use of amplification devices to discriminate speech
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sounds in verbal communication; and Physically disabled means any person who has a
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physical impairment that substantially limits one or more major life activities;
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(2) Participating Veterinary Facility means a veterinary clinic and/or hospital located in the
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City of Hallandale Beach or the nearest 24 hour veterinary clinic and/or hospital, validly
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operated by duty licensed veterinarian authorized to practice veterinary medicine in the
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State of Florida under Chapter 474, Florida Statutes, that has consented in writing to
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having Service Animals transported to it by personnel of the City of Hallandale Beach
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Police Department or Fire Department for emergency treatment.
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(3) Public Accommodations – means a common carrier, airplane, motor vehicle, railroad
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train, motor bus, streetcar, boat, or other public conveyance or mode of transportation;
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hotel; lodging place; place of public accommodation, amusement, or resort; and other
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places to which the general public is invited, subject only to the conditions and limitation
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established by law and application alike to all persons.
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(4) Service Animal means an animal that is trained to perform tasks for an individual with a
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disability.
The tasks must be directly related to the individual’s disability and may
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include, but are not limited to, guiding an individual who is visually impaired or blind,
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alerting an individual who is deaf or hard of hearing, pulling a wheelchair, assisting with
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mobility or balance, alerting and protecting an individual who is having a seizure,
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retrieving objects, providing physical support and assistance with balance and stability to
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an individual with a mobility disability, calming an individual with posttraumatic stress
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disorder during an anxiety attack, or doing other specific work or performing other
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special tasks. A service animal is not a pet. The crime-deterrent effect of an animal’s
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presence and the provision of emotional support, well-being, comfort, or companionship
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do not constitute work or tasks for purpose of this definition.
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Section 6-15. Transporting Service Animals in an Emergency.
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In the event of an emergency situation where a Service Animal, owned and under the control of
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an Individual with a Disability, suffers a serious injury and/or sudden illness that may result in
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the death, and the Individual with a Disability does not have available means that may, under
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the circumstances, adequately provide timely transportation to him/herself and the Service
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Animal to veterinary care, the City of Hallandale Police Department shall, upon being called to
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respond to the emergency situation, duly respond to the emergency situation and, where
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deemed safe by the responded officer, provided transportation of the Service Animal and the
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Individual with a Disability to a Participating Veterinary Facility, provided that the conditions
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herein have been met.
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Section 6-16. Consent of Participating Veterinary Facility.
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Prior to implementation of this Division, the City of Hallandale Beach Police Department shall
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contact veterinary clinics and/or hospitals in the City and close proximity for the purposes of
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explaining the intent of this Division and soliciting, from each facility, the consent to have
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Service Animals transported to it via Police Department personnel for emergency treatment.
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Such consent shall be evidenced in writing which shall be maintained on file with the City of
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Hallandale Beach Police Department. The document shall designate the consenting clinic or
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hospital as a Participating Veterinary Facility. Any Participating Veterinary Facility may revoke
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such consent by providing the City written notice of the revocation which shall include an
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effective date and time that shall be no less than twenty-four hours from the time the revocation
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is received by the City.
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Section 6-17. Waiver of Liability Required.
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In recognition that personnel of the City of Hallandale Beach Police Department are not trained
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in veterinary medicine and/or basic or advance life support animal care, the Individual with a
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Disability who owns the Service Animal shall be required to execute a waiver of liability in favor
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of the City, prior to the emergency transportation of his/her Service Animal by the City of
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Hallandale Beach Police Department personnel as contemplated in this code provision. The
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waiver of liability shall be of such form and legal sufficiency as deemed appropriate by the City
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Attorney. Individuals with a Disability may execute the waiver of liability and present same to
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the City of Hallandale Beach Police Department, in advance of an emergency situation, or at the
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time of a police officer’s response to an emergency situation. If the waiver of liability is submitted
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in advance, the City of Hallandale Beach Police Department shall provide the person with
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Disability documentation of the waiver which shall be presented to the police officer at time of
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response to emergency situation.
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Section 6-18. Penalties.
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Any person who knowingly and willfully misrepresents, through conduct or verbal or written
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notice that their animal is a Service Animal as defined in this Article or Florida Statutes and who
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utilizes the City of Hallandale Beach Police Department to transport said non Service Animal to
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a Participating Veterinary Facility or attempts to utilize such services, shall commit a
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misdemeanor in the second degree, punishable as provided in Section 775.082 of the Florida
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Statutes and shall be assessed a fee for the transportation.
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SECTION 2. Chapter 6, Division II shall reserve the following sections as follows:
Sec. 6-19---6-40. Reserved.
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SECTION 3. Conflict. All ordinances or portions of the Code of Ordinances of the City
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of Hallandale Beach in conflict with the provisions of this ordinance shall be repealed to the
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extent of such conflict.
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SECTION 4. Severability. Should any provision of this ordinance be declared by a court
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of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a
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whole, or any part thereof, other than the part declared to be invalid.
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SECTION 5. Codification.
It is the intention of the Mayor and City Commission that
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the provisions of this ordinance be incorporated into the Code of Ordinances; to effect such
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intention the words “ordinance” or “section” may be changed to other appropriate words.
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SECTION 6. Effective date. This Ordinance shall take effect immediately upon
adoption.
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PASSED AND ADOPTED on 1st reading on _________________, 2015.
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PASSED AND ADOPTED on 2nd reading on _________________, 2015.
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JOY F. COOPER
MAYOR
SPONSORED BY: COMMISSIONER MICHELE LAZAROW
ATTEST:
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MARIO BATAILLE, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
FORM
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V. LYNN WHITFIELD
CITY ATTORNEY
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