HomeMy WebLinkAboutASR 13t Res 2024-064 Admin Policy Use of Service AnimalsYES: 5
NO: 0
ABSTAIN: 0
CONFLICT: 0
ABSENT: 0
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
Minute Action Summary
Palm Desert City Council - Regular Meeting
Agenda Number:13.t.
Title:RESOLUTION NO. 2024-064 APPROVING AN ADMINISTRATIVE POLICY
REGARDING THE USE OF SERVICE ANIMALS
Date:Thursday, August 22, 2024
Motion by:Councilmember Kelly
Seconded by:Councilmember Nestande
Adopt Resolution No. 2024-064 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN ADMINISTRATIVE POLICY REGARDING THE USE
OF SERVICE ANIMALS”, as amended.
YES: 5 NO: 0 ABSTAIN: 0 CONFLICT: 0 ABSENT: 0
Motion Carried
Mayor Pro Tem Harnik
Mayor Quintanilla
Councilmember Kelly Councilmember
Nestande
Councilmember Trubee
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Chris Gerry, Senior Project Manager
REQUEST: RESOLUTION APPROVING AN ADMINISTRATIVE POLICY REGARDING
THE USE OF SERVICE ANIMALS
RECOMMENDATION:
Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN ADMINISTRATIVE POLICY REGARDING THE USE
OF SERVICE ANIMALS.”
BACKGROUND/ANALYSIS:
The City of Palm Desert (City) adheres to the Americans with Disabilities Act (ADA) by ensuring
equitable access for individuals with disabilities, including those accompanied by service
animals. The City Council is requested to adopt the proposed resolution approving an
administrative policy that outlines guidelines for the use of service animals in City facilities and
programs.
Under ADA regulations, public entities must permit service animals in public areas, even if local
health codes prohibit animals. Individuals with disabilities accompanied by service animals must
not face isolation, unfair treatment, or fees that do not apply to other patrons.
Service animals, as defined in Title II and Title III of the ADA, are specially trained dogs that
perform tasks for individuals with disabilities, such as guiding the blind or alerting the deaf. They
are not pets but working animals essential to their handler's disability -related tasks. The policy
also includes provisions for miniature horses that are trained to assist individuals with disabilities,
requiring reasonable accommodation based on factors like training, control, and facility safety.
This administrative policy aligns with federal regulations and reinforces the City’s commitment
to accessibility and inclusion. Therefore, staff recommends the City Council adopt the resolution
and approve the policy.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no direct financial impact associated with this action.
ATTACHMENT:
1. Resolution
1a. Administrative Policy (ADA-002)
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RESOLUTION NO. 2024-____
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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Resolution No. 2024-____ Page 2
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-__ 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 _______________________,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
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
422
CITY OF PALM DESERT
ADMINISTRATIVE PROCEDURES
Subject Service Animals
Policy No. ADA-002
Date Issued: August 22, 2024
Approved by Resolution 2024-___
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 generally 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 issu e.
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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ADA-002
Page 2 of 2
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. When there is a legitimate reason to ask that a service animal
be removed, 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 operation of the facility.
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