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HomeMy WebLinkAboutPR 15412: COMFORT/SERVICE PETS WITH TRANSIT PASSENGERSCITY OF PO R T A RTHUR PLA NNI NG DE PT . ~:. To: Steve Fitzgibbons, City Manager and City Council From: Colleen Russell, Planning Director Date: 8/5/2009 tte: Information regarding ADA Enforcement on -Accepting Service Pets Summary: During the Triennial Review this June it was discovered that PAT (Port Arthur Transit) was lacking a written policy accepting service /comfort pets in accordance with the ADA (American Disability Act). Transit is becoming in compliance by accepting such a policy and training drivers in the process to accommodate those passengers need. Recommendation: There is no cost to the City or Transit to enforce this policy and the City will be in compliance with FTA rules and the American with Disabilities Act. Respe ,, Colleen Russell P.R. No.1~412 08/03/2009 CWR RESOLUTION NO. A RESOLUTION APPROVING POLICY AS IT PERTAINS TO COMFORT/SERVICE PETS WITH TRANSIT PASSENGERS WHEREAS, the Federal Transit Administration (FTA) requested that Port Arthur Transit adopt a policy as it pertains to comfort/service pets. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT this policy as denoted in Exhibit "A" as to comfort/service pets is herein approved THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of August, A.D. 2009, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: P.R. NO. 15412 08/03/2009 Page 2 of 3 ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: Ci Manager'" i Director of Planning P.R. NO. 15412 08/03/2009 Page 3 of 3 EXHIBIT "A" Date: 7l29/2Q09 REVISED Tc: P.LL TRANSff EMPLOYEES Cet Colleen Russell, Director of Planning; Steve Fitzgibbons, City Manager, Dr. Albert Thigpen, Director of Human Resources; Davis Frye, Transit Speciati/st; Able AAble A elansit Adminishation From: TOM ICESTRANEK, TRANSIT MANAGER//J~J, _ RE: AMERICAN DISABILITY ACT (ADA) POLICY RECARDIIdC SERVICE/COMFORT ANIIrIALS Effective immediately, in accordance with the policy guidelines of the Federal Transit Administratio and mandated b the De aztment of Justi all clienU - '~ Y P ~, passengers--- - -- utilizing Fixed Route/ Paratransit Services, are allowed to have on boazd Service /Comfort Animals other thaw guide dogs (any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability) is not to be restricted from being allowed on public transportation. Service/Comfort Animals are animals that are individually trained to perfoml task for people with disabilities. These tasks could range from alerting people who are deaf, pulling wheelchairs, alerting and protecting a person who is having a seizure, or perfoming other special Service/Comfort tasks. Service animals are working animals, not pets. Under the Americans with Disabilities Act (ADA), businesses and organizations (including public tlar>_Sportation) that serve the public must allow people with disabilities to bring their ServiceJComfort Animals into all areas of the facility where customers are normally allowed to go. The Operator is allowed to ask (ONCE) if an animal is a ServiceJComfort Arrimal or ask what tasks the animal has been trained to perform, but cannot require special ID for the anunal or ask about the person's disability. A person with a disability cannot be asked to remove his ServicelComfort Animal from the premises unless: (1) the anima[ is out of control and the animal's owner does not take effective action to control it (for example, a dog brat barks repeatedly during a movie) or (2) the animal poses a direct threat to the health or safety of others. Allergies and feaz of animals are generally not valid reasons for denying or refusing services to people with ServicelComfort Animals. We are not required to provide care or food for a Service/Comfort Animal or provide a special location for it to relieve itself. Yoiu adherence to the above directive is both expected and appreciated. Should you have any questions, please see me cr June Aiken. Thank you for your full cooperation. TK/JA Attachments (?_) I have received and understand the FederaUPAT Policy governing ADA Service/Comfort Animals. Employee Signature Date Commonly Asked Questions About Service Animals in Places of Business ra U.S. Department of Justice -Civil Rights Division Disability Rights Section a COMMONLY ASI~I) QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESS 1. Q: What are the laws that apply to my business? A: Under the Americans with Disabilities Act (ADA), privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls, and sports facilities, aze prohibited from dis~-~+m;nating 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 aze generally allowed. 2. Q: What is a service animal? A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals aze considered service animals under the ADA regazdless of whether they have been licensed or certified by a state or local government Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who aze blind. This is the type of service animal with which most people aze familiar. But there aze service animals that assist persons with other kinds of disabilities in their day-today 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 not a pet. 3. Q: How can I tell if an animal is really a service animal and not just a pet? A: Some, but not all, service animals weaz special wllazs and harnesses. Some, but not all, aze 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 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 an 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 pemritting the service animal to accompany the person with a disability. hg. ~}~~ ya do ~~dividual with a service animal comes to my business? 7/27/2009 Commc~nl~A servdce~dan maQmus" f~~ perSmeitted to accompany the t~n~iv~~ua~wit~i asdisability to all areas of~thaege 1 Of 3 .facility where customers aze normally allowed to go. An individual with a service animal may not be segregated from other customers. 5. Q: I have always had a clearly posted "no pets" policy at my establishment. Do I still have to allow service animals in? ?.: Yes. A service animal is not 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. Tins does not mean you must abandon your "no pets" policy altogether but simply that you must make an exception to your general rule for service anirnals. 6. Q: My county health department has told me that o~ a guide dog has to be admitted. If I foIlow those regulations, am I violating the ADA? A: Yes, if you refuse to admit any other type of service animal on the basis of local health deparnment regulations or other state or local laws. The 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 maintenance or cleaning fee for customers who bring service animals into my business? A: No. Neither a deposit nor a surehazge 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 aze routinely required for pets. However, a public accommodation 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 hotel's policy to chazge when non- disabled guests cause such damage. 8. Q: I operate a private taxicab and I don't want animals in my taxi; 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 aze also prohibited from charging higher fazes or fees for transporting individuals with disabilities and their service animals than they chazge 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 caze or supervision of a service anima] is solely the responsibility of his or her owner. You aze not required to provide caze 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 behavior 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 maybe excluded- You may not make assumptions, however, about how a particulaz 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. I1. 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 accommodate a service animal--that is, when 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 facilitie .But hen it d es for example, when a dog barks during a movie, the animal can be excluded~l27/2009 htf p alwww. adsa. gov~q asrvc ~ttril Commonly Asked Questions About Service Animals in Places of Business t'age 3 of 3 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 Infom~ation Line at 800-514-0301 (voice) or 800-514-0383 (TDD). JWy 1996 Reproduction of this document is encouraged. last uFdarcd January 14, 2008 http://www.ada.gov/gasrvc.htm 7/27!2009 U.S. Department of Justice Civil Rights Division Disability Rigfils Seciian Americans with D'rsabilitiesAct f~l~ ~~1I1~5 ~ ~e Service /animals Service animals are animals that are individually trained to perform tasks for people with. disabilities - such as griidirig people who are .blind, alerting people, who are deaf; pulling wheelchairs, alerting aril -. protecting aperson-who is Laving a seizure, of perfoiming other special tasks: Service animals are working'animals; not.pets. Under the Americans with Disabilities Act (ADA), businesses _and organisations thaz serve the pubbc must allow people witti disabilities [o bring their service animals into all areas of the facility where customers are normally allowed to go_ Tftis federal.law applies to ~1_ businesses open to the public, including restaurants, hotels, taxis and shuttles, grocery and department stores, hospitals and medical offices, the- aters, health clubs, parks, and zoos. t, Businesses may ask if an animal is a service animal or ask what tasks tLe animal has been trained to perform, bat cannot require special ID cards for the animal or ask about the person's disabflity. People with disabilities who use service animals cannot be charged extra fees, isolated from otter patrons, or treated less favorably than other paaons_ However, if a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may be charged for damage caused by his or her service animal. A person with a disability cannot be asked to remove Lis service animal from [he premises unless: (1} the animal is out of control and the animal's owner does not take effective action to control it (for example, a dog that barks repeatedly during a movie) m (2) the animal poses a direct tLreat to the health or safety of others. ® In these cases, the business should give the petson with the disability tLe option to obtain goods and services without having the animal on the premises. a Businesses that sell or prepare food must allow service atumals in public areas even if state or local health codes prohibit animals on the premises. ~ A business is not required to provide care or food for a service animal or provide a special locationfor it to relieve itself. a Allergies and fear of anirrtals are generally t14ti valid reasons for denying access or refusing service to people with service animals. a violators of theADAcan be required to pay money damages and penalties. I`, you have additional questions concerning the ADA and service animals, please cell the Department's ADA lrtfomration Line at (800) 514-0301(voice) or (800) 514-0383 (TTY) or visit the ADA Business Connection at wwwadagov Duplicarion is encouraged. Apri12002 Service animals are individually trained to perform tasks for people with disabilities Businesses that serve the public must allow people with disabilities to enter with their service animal