HomeMy WebLinkAboutRes 2024-064RESOLUTION NO. 2024-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN ADMINISTRATIVE POLICY
REGARDING THE USE OF SERVICE ANIMALS
WHEREAS, the City of Palm Desert (City) adheres to the Americans with
Disabilities Act (ADA) by ensuring equitable access for individuals with disabilities ; and
WHEREAS, the City is responsible for appropriately supporting individuals with
disabilities who use service animals in City-owned and managed properties, facilities, and
events; and
WHEREAS, the City desires to formalize its policy for service animals; and
WHEREAS, the City Council has been presented with a draft policy in the form
attached to this Resolution as “Administrative Policy ADA-002” and by this reference
incorporated herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. The foregoing Recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. The City Manager is hereby authorized to establish and periodically
review and update Administrative Policy ADA-002.
SECTION 3. The attached Administrative Policy ADA-002 shall be added to the
City’s Administrative Procedures.
ADOPTED ON AUGUST 22, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-064 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on August 22, 2024, by the
following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
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8/23/2024
Resolution No. 2024-064 Page 3
CITY OF PALM DESERT
ADMINISTRATIVE PROCEDURES
Subject Service Animals
Policy No. ADA-002
Date Issued: August 22, 2024
Approved by Resolution 2024-064
Authored by Public Works Department
Introduction
In compliance with the Americans with Disabilities Act (ADA), the City of Palm Desert (City) will
not discriminate against qualified individuals with disabilities on the basis of disability in its
programs, services, and activities, which includes the use of service animals.
Defining Service Animals
A. According to Title II and Title III of the ADA, as defined by the U.S. Department of Justice,
service animals are dogs that are individually trained to do work or perform tasks for
people with disabilities.
B. Examples of such work or tasks include guiding people who are blind, alerting people who
are deaf, pulling a wheelchair, alerting and protecting a person having a seizure, reminding
a person with mental illness to take prescribed medications, calming a person with Post-
Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other specific
duties.
C. Service animals are working animals, not pets. The work or task a dog has been trained
to provide must be directly related to the person’s disability. Dogs whose sole function is
to provide comfort or emotional support do not qualify as service animals under the ADA.
D. This definition does not affect or limit the broader definition of “assistance animal” under
the Fair Housing Act or the broader definition of “service animal” under the Air Carrier
Access Act.
Allowance
Under the ADA, state and local governments, businesses, and nonprofit organizations that serve
the public must allow service animals to accompany people with disabilities in all areas of the
facility where the public is permitted.
For example, in a hospital, it would be inappropriate to exclude a service animal from areas such
as patient rooms, clinics, cafeterias, or examination rooms, unless the animal poses a safety
issue. However, it may be appropriate to exclude a service animal from operating rooms or burn
units where the animal’s presence may compromise a sterile environment.
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Policy for Use of Service Animals
The City, in accordance with the ADA, requires that service animals be under the control of their
handlers at all times. Staff and employees are not responsible for the care or supervision of an
individual’s service animal. The animal must be harnessed, leashed, or tethered unless the
individual’s disability prevents the use of these devices or if they interfere with the service animal’s
safe and effective performance of tasks. In such cases, the individual must maintain control of the
animal through voice, signal, or other effective means.
Guidelines
When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff
may ask two questions: (1) Is the dog a service animal required because of a disability? and (2)
What work or task has the dog been trained to perform? Staff cannot ask about the person’s
disability, require medical documentation, require a special identification card or training
documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.
A. Allergies and fear of dogs are not valid reasons for denying access or refusing service to
people using service animals. When a person who is allergic to dog dander and a person
who uses a service animal must spend time in the same room or facility (e.g., in an
emergency evacuation or homeless shelter), they should both be accommodated by being
assigned, if possible, to different locations within the room or different rooms in the facility.
B. A person with a disability cannot be asked to remove his service animal from the premises
unless: (1) the dog is out of control, and the handler does not take effective action to
control it or (2) the dog is not housebroken. In either of these circumstances, staff must
offer the person with the disability the opportunity to obtain goods or services without the
animal’s presence.
C. City establishments that sell or prepare food must generally allow service animals in public
areas, even if state or local health codes prohibit animals on the premises.
D. People with disabilities who use service animals cannot be isolated from other patrons,
treated less favorably than other patrons, or charged fees that are not charged to other
patrons without animals. In addition, if a City program requires a deposit or fee to be paid
by patrons with pets, the City must waive the charge for service animals.
Miniature Horses
In addition to the provisions about service dogs, ADA regulations have a separate provision about
miniature horses that have been individually trained to perform work or tasks for people with
disabilities. Miniature horses generally range in height from 24 inches to 34 inches measured to
the shoulders and typically weigh between 70 and 100 pounds. Entities covered by the ADA must
modify their policies to permit miniature horses where reasonable. The regulations outline four
assessment factors to help entities determine whether miniature horses can be accommodated
in their facility. The assessment factors are: (1) whether the miniature horse is housebroken; (2)
whether the miniature horse is under the handler’s control; (3) whether the facility can
accommodate the miniature horse’s type, size, and weight; and (4) whether the miniature horse’s
presence will not compromise legitimate safety requirements necessary for safe operatio n of the
facility.
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