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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/03/2002 - FIRST READING OF ORDINANCE NO. 126, 2002, AMENDING ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: September 3, 2002 lip FORT COLLINS CITY COUNCIL Barbara Spalding FROM: Diane Jones SUBJECT : First Reading of Ordinance No. 126, 2002, Amending the Definition of Disabled Individual as Set Forth in Section 13-16 of the City Code. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: The City's anti-discrimination ordinance was first adopted in 1972, well before Congress adopted the Americans With Disabilities Act (ADA) in 1990. The proposed revision sets forth a definition of disabled individual that is identical to the definition set forth in the ADA, is more comprehensive than the current definition, and one that is more consistently applied among jurisdictions than the City's current definition. Since the proposed definition has been extensively interpreted by the courts, it will promote the uniform understanding and enforcement of laws prohibiting discrimination based on disability. L • ORDINANCE NO. 126, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE DEFINITION OF DISABLED INDIVIDUAL AS SET FORTH IN SECTION 13-16 OF THE CITY OF FORT COLLINS CITY CODE WHEREAS, the City's Human Rights Code provisions set forth at Article 11 of Chapter 13 of the City Code prohibit discrimination based on disability in the areas of employment, housing, and public accommodations; and WHEREAS, the City's current definition of disabled individual was adopted before Congress' adoption of the Americans With Disabilities Act ("ADA") in 1990; and WHEREAS, the ADA sets forth a definition of disabled individual that is more comprehensive than the City's current definition, is more consistently applied among jurisdictions than the City's current definition, and has been extensively interpreted by the courts; and WHEREAS, the adoption of the ADA definition of disabled individual will help promote the uniform understanding and enforcement of laws prohibiting discrimination. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO as follows: . Section 1. That the definition of disabled individual set forth at Section 13-16 of the City Code of the Council of the City of Fort Collins is hereby amended to read as follows: See. 13-16. Definitions. Disabled individual shall mean any person who has-, has Had U-1 ded 'Iowa1. In reference to employment,disabled individual means a disabled individual as defined herein who Section 2. That the definition of development disability set forth at Section 13-16 of the City Code is hereby deleted in its entirety. • Introduced, considered favorably on first reading, and ordered published this 3rd day of September, A.D. 2002, and to be presented for final passage on the 17th day of September, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of September, A.D. 2002. Mayor ATTEST: City Clerk