HomeMy WebLinkAboutO-2000-027 ORDINANCE NO. 2000-027
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO CHAPTER 6 OF THE CITY CODE OF
ORDINANCES, WHICH CHAPTER IS ENTITLED "BEACHES,
PARKS AND RECREATION"; AMENDING THE CODE OF
ORDINANCES TO REVISE PARK AND BEACH HOURS, TO
ALLOW A DESIGNEE OF THE CITY MANAGER TO COMMAND
ANY PERSON TO LEAVE THE GROUNDS OR AREAS OF ANY
PUBLIC PARK OR RECREATIONAL FACILITY, TO PROHIBIT
THE BRINGING OF ANIMALS TO PARKS, BEACH AREAS AND
PARKING AREAS; TO DESIGNATE PERMITTED ACTIVITES ON
CITY BEACHES; TO PROVIDE DEFINITIONS FOR THE TERMS
"BOAT" AND "BODY BOARDING", RESPECTIVELY AND TO
UPDATE PARKING RESTRICTIONS; CREATING PROVISIONS
GOVERNING LAUNCHING OF BOATS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Sec. 6-2, entitled "Hours for park, recreational facilities', of the
City Code of Ordinances is amended to read as follows:
Sec. 6-2. Hours for park, recreational facilities.
It shall be unlawful for any person to go to meet at, go upon, trespass upon,
congregate at or assemble at any public park except the beach, owned or
operated by the city or at any recreational facility owned or operated by the city at,
any time of any day during the period beginning at 9:90-p.m. sunset of any P41#
day and ending at 8:00 a.m. sunrise of the following morning unless such person
is a spectator at, or participant in, a recreational activity being conducted in the
public park or at the recreational area under the authority of a written permit
issued by the city manager or his designee.
Section 2. That Sec. 6-2.1, entitled "Hours of public beach use," of the City
Code of Ordinances is created to read as follows:
Sec. 6-2.1 Hours of public beach use.
It shall be unlawful for any person to go to meet at, go upon, trespass upon,
congregate at or assemble at the public beach and parking areas owned or
operated by the city at any time of any day during the period beginning at 11:00
p.m. of each night and ending at 7:00 a.m. of the following morning unless such
person is a spectator at or participant in a recreational activity being conducted at
1 ORDINANCE NO. 2000-027
or on the public beach authorized by the City or at the recreational area under
• the authority of a written permit issued by the city manager or designee.
Section 3. That Sec. 6-3, entitled "Duty to leave when commanded", of the City
Code of Ordinances is amended to read as follows:
Sec. 6-3. Duty to leave when commanded.
Without regard to whether a person may have initially gee upon entered the
area of any public park owned or operated by the city or any recreational facility
owned or operated by the city in order to be a spectator at, or participant in, a
recreational activity being conducted in the park or at the recreational area under
the authority of a written permit issued by the city manager, and without regard
as to the particular hour of the day, it shall be unlawful for any person, or
persons, to remain upon the grounds or areas of any public park owned or
operated by the city or at any recreational facility owned or operated by the city
after such person, or persons, have been commanded by the mayor, any city
commissioner, any police officer of,the city manager or designee, (e.g., Park and
Recreation Personnel or a Marine Rescue Officer) to leave the grounds or areas
of the public park or recreational facility.
Section 4. That Sec. 6-5, entitled "Depositing cigarettes, other debris in public
toilets", of the City Code of Ordinances is amended to read as follows:
. Sec. 6-5. Depositing cigarettes, other debris in public toilets.
It shall be unlawful for any person to throw, place or deposit paper (unless
specifically manufactured for personal hygiene use and intended for disposal in a
toilet facility), cigarettes, cigars or other substances of such nature, in the toilets
and urinals situated in any public building.
Section 5. That Sec. 6-9, entitled "Animals on beaches, beach parks", of the City
Code of Ordinances is amended to read as follows:
Sec. 6-9. Animals on beaches, beach parks and in parks.
It shall be unlawful for any person to bring dogs, Gats, any animals, or ether note
(defined to mean any living nonhuman creature), upon the beaches, er parks or
parking areas owned by the city or on sand
beach areas designated on the zoning map. This section shall not be enforced
against persons using service animals as defined by the Americans with
Disabilities Act.
Section 6. That Sec. 6-10, entitled "Playing games on beaches", of the City
Code of Ordinances is amended to read as follows:
Sec. 6-10. Playing games on beaches.
Except in areas in which the Marine Rescue Division clearly marks or designates
the type of games and activities permitted, it shall be unlawful for any person to
2 ORDINANCE NO. 2000-027
engage in or play half ^r ?ny otheF games or activities, including those which
• involve the use of any hard ball or object at any time upon the public beaches.,
parking areas and any land owned by the city and abutting the Atlantic Ocean.
Section 7. That Sec. 6-12, entitled "Fishing, skin-diving, restricted", of the City
Code of Ordinances is amended to read as follows:
Sec. 6-12. Fishing, skin-diving, scuba diving, spearfishing, launching of
boats and operating vehicles restricted.
(a) For the purposes of this section, a "boat" shall include, but is not limited to,
any motor or wind-driven boat or vessel, any jet-ski, inflatable device with an
engine of any kind, sailboard, canoe or kayak.
It shall be unlawful either to fish from boats, er to fish from the beach, or to
fish from the surf, er to swim, or to s" lF scuba dive, er to skin-dive or to
bring or allow any boat to come within an area of fifty (50) yards from the outside
perimeter of the municipally-owned fishing pier at Dania Beach. Provided, ' It
shall also be unlawful to fish or surf cast from any part of the public beach
between the hours of 9:00 a.m. and 6:00 p.m. on any day.. Additionally, it shall be
unlawful to fish from any boat within three-hundred (300) yards of the low water
mark along the entire beach abutting the Atlantic Ocean in the City.
(c) Snorkeling will be permitted up to a limit of fifty (50) yards into the Atlantic
Ocean, measured eastward from the high tide line of all public beach areas,
except as stated above. Snorkeling beyond fifty (50) yards off the public beach is
prohibited, unless a person is entering the water in the designated diving area at
the southernmost end of the public beach or express permission is given by the
Supervising Marine Rescue Officer. Artificial breathing devices, such as scuba-
tanks, aqua-lungs or hooka rigs when used in the waters of the area known as
Dania Beach, are confined to the designated diving area at the southernmost end
of Dania Beach, unless express permission'to use such devices elsewhere along
the beach is obtained from the supervising Marine Rescue Officer. The use of
spearfishinq guns, gigs, slings, bows, polespears or any other type of guns on
the beach, in the water, or both is prohibited.
It shall be unlawful to launch any type of boat (i.e. including but not limited
to canoe, kayak sailboat, sailboard, jet ski, pleasure craft, boats being used by
research or public safety and protection agencies or inflatable with engine) within
the municipal beach area except within a designated launch area.
(e) It shall be unlawful for any person to operate any vehicle on the beach,
unless permission from the City Manager or designee has been obtained.
3 ORDINANCE NO. 2000-027
Section 8. That Sec. 6-14, entitled "Surfing defined", of the City Code of
Ordinances is amended to read as follows:
Sec. 6-14. Surfing, body boarding defined.
The term "surfing" as used in this section and in sections 6-15 and 6-16 shall be
limited to the sport of riding the surf on any buoyant board or other object
containing or made of fiberglass, wood, metal or plastic. The term "body
boarding" as used in section 6-16 shall be limited to the sport of riding the surf on
any board or other object made from polyfoam.
Section 9. That Sec. 6-15, entitled "Surfing restricted to specified area", of the
City Code of Ordinances is amended to read as follows:
Sec. 6-15. Surfing restricted to specified area, time.
It shall be unlawful for any person to engage in surfing on the Gity beaGh e in the
waters adjacent to Dania Beach, except in the area beginning one hundred (100)
feet north of the municipally-owned fishing pier and extending therefrom that
point to the northern extremity of the city beach. Surfing will be permitted only
during the time between sunrise and sunset.
Section 10. That Sec. 6-16, entitled "Reckless surfing", of the City Code of
Ordinances is amended to read as follows:
Sec. 6-16. Reckless surfing, body boarding.
It shall be unlawful to engage in surfing or body boarding in a careless, negligent,
reckless or dangerous manner anywhere Gn adjacent to the city beach, including
the area in which surfing is expressly confined and permitted. The supervising
Marine Rescue Officer shall exercise reasonable discretion in determining if
misconduct is occurring and is authorized to prevent such activity pursuant to the
duties and powers described in sections 6-3, 6-18 and 6-19 of this Chapter.
Notwithstanding the foregoing, it is a violation of this section to engage in surfing
or body boarding unless the board or other device is attached to the user.
Section 11. That Sec. 6-18, entitled "Swimming outside certain areas", of the
City Code of Ordinances is amended to read as follows:
Sec. 6-18. Swimming outside certain areas.
It shall be unlawful to swim outside of the area extending fifty (50) yards
eastward from the high tidewater mark of the Atlantic Ocean at the municipal
public beach, and beyond control and supervision of the lifeguardMarine Rescue
Officers, unless express permission has been obtained from the supervising
lifegue -Marine Rescue Officer to do so. It shall be unlawful to swim or bathe in
the designated surfing area. Any person requested by the lifeguard a Marine
Rescue Officer to seine in return to shore must do so and the failure to promptly
do so shall constitute an offense.
4 ORDINANCE NO. 2000-027
Section 12. That Sec. 6-19, entitled "Authority of lifeguards to arrest" is
• repealed and a new section entitled "Duties and Powers of the Marine Rescue
Division Personnel", of the City Code of Ordinances is created to read as follows..
a Authority of lifeguards to arrest.
Lifeguards aFe hereby giveR authority to arrest aRY peFSE)R GOrnmitting aR effeRse
r or adjaGent areas,
and for that puFpase are giveR fUll POInGe authority. L*feguaFds shall have this
authority ORIY whole on duty -hP4ArQtQn the hours of 9-:0000 a.M. and 6:00 p.
Sec. 6-19. Duties and Powers of the Marine Rescue Division Personnel.
The Marine Rescue Division Personnel are charged with the duty and shall have
the power to enforce all ordinances and laws of the city relative to the public
safety on the beach of the City of Dania Beach. Marine Rescue Division
Personnel shall not possess the power to arrest or issue notices to appear for a
violation. Marine Rescue Division Personnel shall not be authorized to physically
detain a person who is attempting-to flee.
Section 13. That Sec. 6-33, entitled "Schedule of charges", of the City Code of
Ordinances is amended to read as follows:
Sec. 6-33 Schedule of charges.
The city commission hereby sets the following parking fees to be charged the
• owner or operator of each motor vehicle parking at Dania Beach parking areas
between the hours of 8-:-GO 6:00 a.m. and 6LOO 11:00 p.m. daily:
(a) There shall be a charge of one dollar ($1.00) for each hour or any fraction
thereof of parking time. This charge shall become effective on August 1, 1989.
(b) That effective October 1, 1989, any resident of the city shall be exempt from
the payment of charges as set forth in paragraph (a) hereinabove by obtaining a
parking permit (sticker) from the city and displaying same as directed by the city.
The parking permits (stickers) shall be issued annually to correspond with the
city's fiscal year, and a charge of twenty dollars ($20.00) per year, or any fraction
thereof, plus Florida sales tax, shall be paid to the city for each such parking
permit issued. The word "resident," as used herein shall mean a person who lives
in the city and who submits a copy of a current motor vehicle registration or a
true copy of an existing fully executed lease agreement for a motor vehicle to
verify the owner/applicant's name and in addition, a current utility bill or voter's
registration card in the same name and showing a Dania Beach address. If the
applicant is a lessee of the motor vehicle to which the permit (sticker) is to be
affixed, such lessee shall pay an additional sum of twenty dollars ($20.00) at the
time of issuance of the permit (sticker) which sum shall be returned to the lessee,
without interest, upon return of the permit (sticker) to the city clerk. The owner of
a business located in the City of Dada shall be issued one parking permit upon
payment of said fee and by presenting a copy of the occupational license issued
5 ORDINANCE NO. 2000-027
to such business and a copy of the motor vehicle registration form to show that
both were issued in the same name.
//�+ Anv veteran of the
armed fnrnes of the United States of Amorir� Whe has
(l') 7-CIT��G�4r�UlTVr-�1.� 171T�4 QTTCGTfVLGf TIT
been Glassified as disabled by the
1
r-,hqII he issued a
parking peFrnit (StiGker) withoUt Gharge upon submission of proof of disability that
� sat*sfaGtOFY to the r•ity manage All vehicles displaying an official disabled
placard/sticker will be permitted to park without charge.
(d) Any mntnr Vehinle parking on Mania Beach for a peried in eXGess of twelve
(12) hours shall pay a nhar a of twelve dollars ($12 00) for oorh c11nh twely
hour period er frortien theronf
(e)(d) Duplicate parking permits (stickers) will be issued for lost or stolen parking
permits (stickers) provided that acceptable evidence of such loss or theft is
submitted to the city manager to establish same. The transfer of permits shall not
be permitted.
(f)(e) Any person who violates the provisions of subsection (a) hereinabove
shall be issued a parking violation citation and be subject to a fine of fifteen
dollars ($15.00) for each such violation.
Section 14. That except as amended above, all other provisions of Chapter 6 of
the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full
force and effect.
Section 15. That all ordinances or parts of ordinances and all resolutions or
parts of resolutions in conflict with this ordinance are repealed to the extent of
such conflict.
Section 16. That if any section, clause, sentence or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent
jurisdiction, the holding shall not affect the validity of the remaining portions of
this ordinance.
Section 17. That this ordinance shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on first reading on July 11, 2000.
PASSED AND ADOPTED on second reading on August 8, 2000.
C.K. CELY
MAYOR - COMMISSIONER
•
6 ORDINANCE NO. 2000-027
ATTEST: ROLL CALL:
MAYOR McELYEA - YES
�CrG` VICE-MAYOR B RT NO- YES
"SHERY&CHAPMAN COMMISSIONER CALI - NO
ACTING CITY CLERK COMMISSIONER ETLING - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMP S J.1,ANSBRO
CITY ATTORNEY
• GAWPHLESMA�DANWORDS MISCTEACH.ORD
08/04/2000
7 ORDINANCE NO. 2000-027
4fo
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commissioners
cc: Mike Smith, City Manager
Randy Wilkinson, Parks and Recreation Director
Captain Glenn Morris, Marine Captain
FROM: Karen Lieberman, Assistant City Attorney
DATE: August 3, 2000
RE: "Beach and Park" Ordinance Revisions
Attached is the proposed Ordinance revising the City's beach and park regulations
which was adopted on first reading at the City Commission meeting on July 111h. However, on
second reading at the July 25' meeting, the issue arose relating to the definition of "animal".
The only change which was made to the ordinance was that the word "dumb" was
deleted from the definition of "animal." The word "animal" is defined as follows: "any living
non-human creature."
It is our impression that there was no clear consensus among the Commissioners as to
an absolute ban of animals at parks and beaches, or as to the necessity of designating certain
areas permitting animals at parks and/or beaches.
Commission direction is, therefore, now requested.
KL:slw
Attachment
AGENDA ITEM 8.1
In Section 6-9, change the last sentence to read:
This section shall not be enforced against persons using service animals
as defined by the Americans with Disabilities Act.
•
S U N — S E N T I N E L
PUBLISHED DAILY NOTICE OF HEARING
FORT LAUDERDALE, ER0I�ARD COUNTY.r" FLORIDA BEFORE CITY COMMISSION
CITY OF DANIA BEACH FLORIDA REGARDING
?OCA BATON, PALM EEACH COUNTY, FLORIDA ADOPTION OF THE FdLLOWiNG PROPOSED
NOTICE IS HEREBYOGIVVEN thaE that the City Commission of
• I I A M T, D A D E C O U N T Y P FLORIDA the City of Dania Beach,Florida,on July 25,2000,at 7:30
PM or as soon thereafter as the matter may be heard,will
conduct a public hearing in the City Commission room of
J A E fl FLORIDA the Dania Beach City Hall, 100 West Dania Beach Boule-
vard,Dania Beach,Fglorida to consider the proposed adop-
tionCOUNTY OF S R OW A R D/PALM BEACH/D A D S 'ANhORDINANCEOOF THEeCITYtOF DANIA BEACH
FLORIDA PERTAINING TO CHAPTER 6 OF THE CIT1
BEFORE THE UNDERSIGNED AUTHORITY PERSONALLY APPEAI a a!a i t `'/Lr�sass■ a a m a s a ! a a s CODE OF B ORDINANCES,
INANCES,WHICHCHTER IS ENTITLED
BEACHES NAMENDING THE
ACH
TH: SAYS
THAT
( HOURS,,TO ALLOW A DESGNEE OF THE CITY M TO REVISE PARK AND ANAG-
p ON ER TO COMMAND ANY PERSON TO LEAVE THE
ANY PUBLIC PARK OR REC-
HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE REATIONALNDSOACLEITYTOO PROHIBIT THE BRINGING OF
§EACH AREAS AND PARKING AR-
CLASSIFIED D cF ARTMENlT OF THE SUN —SE:N TI NIEL, DAILY EAS;TOSDESIG ATO PARKTt PERMITTED ACTIVITIES ON CITY
BEACHES; DEFINITIONS FOR THE TERMS
NEWSPAPER PUBLISHED IN BROWAIRD/PALM SEACH/DADS COt1BOAT"ANDOBODYIDE BOARDING, RESPECTVELYAND
ITO UPDATE PARKING RESTRICTIONS;CREATING PRO-
FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT, E3 VISIONS GOVERNING LAUNCHING OF BOATS;PROVID-
ING FOR CONFLICTS- PROVIDING FOR SEVERANCE;
FURTHER, PROVIDING; FOR AN EFFECTIVE DATE."
A copy of this proposed Ordinance is on file in the office
NOTICE of Administrative Services, City Hall, 100 West Dania
Beach Boulevard, Dania Beach, Florida, and may be in-
spected by the ppublic during normal working hours.
Interested parties may appear at the aforesaid meeting
IN THEMATTER OF land be heard with respect to the proposed. Any person
who decide: to appeal any decision made by the City
Commission with respect to any matter considered at this
,hearing will need a record of the proceedings and for such
CHAPTER 6 3E A C H E S purpose may need to ensure that a verbatim record of the
(proceedings is made,which record includes the testimony
and evidence upon which the appeal is to be based.
In accordance with the American with Disabilities Act,
IN THE CIRCUIT COURT, WAS PU 9 L I S H E D IN SAID N E W S F P f persons.needing assistance to participate in any of the
proceedmgs should contact Sheryl Chapman,Acting City
THE ISSUES OF Clerk 100 West Dania Beach Boulevard, Dania Beach,
_,Florida 33004,(954)924-3630 at least 48 hours prior to the
C X meeting
/s/ Charlene Johnson
Deputy City Clerk
,July 15, 2000
AFFIANT FURTHER SAYS THAT THE SAND SUN—SENITIN'EL ,.,'July
A
NEWSPAPER PUBLISHED IN SAID BROWARD/PALM cEACH/DA.CE
COUNTY, FLORIDA, AND THAT THE SAID NEWSPAFER HAS FER€TOfCRE
BEEN CONTINUOUSLY PUBLISHED IN SAID 9ROWARDIPALM EEACH/(ADE
UHTY, FLORIDA, EACH DAY, AND HAS BEEN ENTERED AS SECOND
ASS MATTER AT THE POST OFFICE IN FORT LAUDERDALE, IN SAID
EROWARD COUNTY, FLORIDAo FOR A PERIOD OF CNE YEAR NEXT
PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY . OF
ADVERTISEMENT; AND AFF.IANT FURTHER SAYS THAT HE/SVE HAS
NEITHER PAID NOR PROMISED ANY PERSON, PIRA OR CORFORATICNi
ANY DISCOUNlT, REHATE, COMMISSIONt CR REFUND FOR THE PURPC'SE
OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID
NEWSPAPER!
s a s a s a e a m
(S.ISNATURE— F AFF-IAN1T)
SWORN TO AND SUBSCRIBED EEFORE ME
THIS 15 DAY OF JULY
A r D a 2000
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(SIGN1 TUBE OF N!{9TARY PUB C �:'P °e�� Tara L.Bezak
MY COMMISSION#CC638935 EXPIRES
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July 20,2001
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U.S.Department of Justice
Civil Rights Division
DisabflityRights Secrion
Mug
COMMONLY ASKED QUESTIONS ABOUT
SERVICE ANIMALS IN PLACES OF BUSINESS
I. Q: What are the laws about service animals that apply to Amy business?
A: Under the .Americans with Disabilities Act (ADA), privately owned businesses that
serve the public., Stich as restaurants, hotels, retail stores, taxicabs,theaters, concert
halls, and sports facilities, are prohibited from discriminating against individuals with
disabilities. The ADA requires these businesses to allow people with disabilities to
bring their service animals onto business premises in whatever areas customers are
generally allowed. Additionally, many States have laws about service animals that
may apply to businesses within a State.
2_ Q: 'What is a service animal?
• A: The ADA defines a service animal as=X guide dog, signal dog, or other animal
individually trained to provide assistance to an individual with a disability. If they
meet this definition, animals are considered service animals under the ADA regardless
of whether they have been licensed or certified by a state or local government. ,
Service animals perforrm some of the functions and tasks that the individual with a
disability cannot perform for]rim or herself: "Seeing cyc dogs" arc one type of
service animal, used by some individuals who are blind. This is the type of service
animal with which most people are familiar. But there are service animals that assist
persons with other kinds of disabilities in their day-to-day activities. Some examples
include:
Alerting persons with hearing impairments to sounds.
Pulling wheelchairs or carrying and picking up things for
persons with mobility impairments.
Assisting persons with mobility impairments with balance.
A service animal is nol a pet.
3. Q: How can I tell if an animal is really a service animal and not just a pet?
A: Some, but nut all, service animals wear special collars and harnesses. Some, bui nor
all, are licensed or certified and have identification papers. If you are not certain that
an animal is a service animal, you may ask the person who has the animal if it is a
AUG-07-2000 10:07 BROWARD CNTY OEO 954 357 7817 P.02iO3
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service animal required because of a disability. However, an individual who is going
to a restaurant or theater is not likely to be carrying documentation of his or her
medical condition or disability. Therefore, such documentation generally may not be
required as a condition for providing service to att individual accompanied by a
service animal. Although a number of states have programs to certify service animals,
you may,not insist on proof of state certification before permitting the service animal
to accompany the person with a disability.
4. Q: What must I do when an individual with a Servicr animal cumes tv my business?
A: The service animal must be permitted to accompany the individual with a disability to
all areas of the facility where customers are normally allowed to go. An individual
with a service animal may not be segregated from other customers.
5. Q: X have always had a clearly posted "no pets" policy at my establishment. Do I
still have to allow service animals in?
A: Yes. A service animal is W a pet. The ADA requires you to modify your"no pets"
policy to allow the use of a service animal by a person with a disability. This does
not mean you must abandon your "no pets"policy altogether but simply that you must
make an exception to your genm, ] rule for service. aninaals.
6. Q: My county h lth department has told me that a seeing eyeor guide do has
g g
to be admi ed. If I follow those regulations, am I violating the ADA?
Ar Yes, if you refuise to admit any other type of service animal on the,basis of local health
department regulations or other state or local laws. T,be ADA provides greater
protection for individuals with disabilities and so it takes priority over the local or
state laws or regulations,
7• Q: Can I charge a mginteoance or cleaning fee for customers who bring service
animals into my business?
A: No. Neither a deposit nor a surcharge may be imposed on an individual with a
disability as a condition to allowing a service animal to accompany the individual
with a disability, even if deposits are r6utinely required for pets. However, a public
accornmodation may charge its customers with disabilities if a service animal causes
damage so long as it is the regular practice of the entity to charge non-disabled
customers for the same types of damages. For example, a hotel can charge a guest
with a disability for the cost of repairing or cleaning furniture damaged by a service
animal if it is the hotcPs policy to charge when non-disabled guests cause such
damage.
2
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8. Q: I operate it private taxicab and I don't want animals in my ta'i; they smell, shed
hair and sometimes have "accidents." Am I violating the ADA if I refuse to pick
up someone with a service animal?
A: Yes. Taxicab companies may not refuse to provide services to individuals with
disabilities. Private taxicab companies are also prohibited from charging higher fares
or fees for transporting individuals with disabilities and their service animals than
they charge to other persons for the same or equivalent service.
9. Q: Am I responsible for the animal while the person with a disability is in my
business?
A: No. The care or supervision of a service animal is solely the responsibility of his or
her owner. You are not required to provide care or food or a special location for the
animal.
10. Q: What if a service animal barks or growls at other people, or otherwise acts out of
control?
A: You may exclude any animal, including a service animal, from your facility when that
animal's bebAvior poses a direct threat to the health or safety of others. For example,
any service animal that displays vicious behavior towards other guests or customers
• may be excluded. You may not make assumptions, however,about how a particular
animal is likely to behave based on your past experience with other animals. Each
situation must be considered individually.
Although a public accommodation may exclude any service animal that is out of
control,it should give the individual with a disability who uses the service animal the
option of continuing to enjoy its goods and services without having the service animal
on the premises.
11. Q: Can I exclude an animal that doesn't really seem dangerous but is disruptive to
my business?
A: There may be a few circumstances when a public accommodation is not required to
aeeommodatc a service animal --that is, whew doing so would result in a fundamental
alteration to the nature of the business. Generally,this is not likely to occur in
restaurants, hotels, retail stores, theaters, concert halls, and sports facilities. But
when it does, for example, when a dog barks during a movie, the animal can be
excluded.
If you have further questions about service animals or other requirements of the ADA, you may
call the U.S. Department of Justice's toll-free ADA Information Line at: 800-514-0301 (voice)
or 800-514-0383 (TDD). Note: Reproduction of this document is encouraged.
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