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HomeMy WebLinkAbout126 - 09/17/2002 - AMENDING THE DEFINITION OF DISABLED INDIVIDUAL SET FORTH IN THE CITY CODE 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 II 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: Sec. 13-16. Definitions. Disabled individual shall mean any person who has a physical or mental impairment that substantially limits one or more of the major life activities of such person, has a record of such an impairment, or is regarded as having such an impairment. In reference to employment, disabled individual means a disabled individual as defined herein who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. 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. .r� t- Mayor ATTEST: ems. I 'AA L City Clerk Passed and adopted on final reading this 17th day of September,r.A.D. 2002. r Mayor ATTEST: UL\Ok City Clerk