Police Department Policy

BUENAPPD_321_-_Service_Animals_359916

Buena Park PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 04/10/2014 06/30/2023 06/30/2027 BUENA PARK POLICE DEPARTMENT GENERAL ORDERS ________________ ____ _ GO 382 - Service Animal s 1 POLICY 382 SERVICE ANIMAL S 382.1 PUR POSE AND SCOPE Service animals play an important role in helping to overcome the limitations often face d by people with disabilities. The Buena Park Police Department recognizes this need and is committed to making reasonable modifications to its policies, practices, and procedures in accordance with Title II of the Americans with Disabilities Act of 1990 ( ADA) to permit the use of service animals that are individually trained to assist a person with a disability. 382.1.1 ACCREDITATION STANDARDS This policy pertains to the following CALEA Standards: N/A 382.2 SERVICE ANIM ALS The ADA defines a service animal as any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual , or other mental disabi lity. The work or tasks performed by a service animal must be directly related to the owner's disability (28 CFR 35.104). California expands the definition of a service animal to include other animals that are individually trained to provide assistance to an individual with a disability (Health and Safety Code § 113903). 382.2.1 USE OF SERVICE ANIMALS Some service animals may be readily identifiable. However, many do not have a distinctive symbol, harness , or collar. Service animals are not pets and may be trained by an individual or organization to assist people with disabilities. The following examples are some of the ways service animals may be used to provide assistance: a) Guiding people w ho are blind or have low vision b) Alerting people w ho are deaf or hard of hearing c) Retrieving , picking up , or carrying items d) Opening doors or flipping switches for people who have limited use of their hands, arm s, or legs e) Pulling wheelchairs f) Providing physical support and assist ing with stability an d balance g) Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities , or psychiatric disabilities, such as reminding a person wit h depression to take medication h) Alerting a person with anxiety to the onset of panic att acks, providing tactile stimulation to calm a person with post -traumatic stress disorder, assisting people with schizophrenia to distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items or fol low daily routines CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 04/10/2014 06/30/2023 06/30/2027 BUENA PARK POLICE DEPARTMENT GENERAL ORDERS ________________ ____ _ GO 382 - Service Animal s 2 382.3 EMPLOYEE RESPONSIBILITIES Service animals that are assisting individuals with disabilities are permitted in all public facilities and areas where the general public is allowed. Department employee s are expected to treat individuals with service animals with the same courtesy and respect that the Department affords to all members of the general public. If an animal exhibits vicious behavior, poses a direct threat to the health of others, or unreasonably disrupts or interferes with normal business operations, an officer may direct the owner to remove the animal from the premises. Barking alone is not a th reat, nor does a direct threat exist if the owner takes prompt, effective action to control the animal. Each incident must be considered individually and past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse service to an individual with disabilities . Employee s of this Department are expected to provide all services as are reasonably available to an individual with the disability. If it is apparent or if an officer is aware the animal is a service animal, the owner should not be asked any questions as to the status of the animal. If it is unclear whether an animal meets the definition of a service animal, the officer should ask the individual only the following questions: a) Is the animal required because of a disability? b) What task or service has the service animal been trained to perform? If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task , the an imal meets the definition of a service animal and no further question s as to the animal’s status should be asked. The person should not be question ed about his/her disabilities , nor should the person be asked to provide any license, certification , or ident ification c ard for the service animal. Service animals are not pets. Department employee s should not interfere with the important work performed by a service animal by talking to, petting , or otherwise initiating contact with a service animal. When handl ing calls of a complaint regarding a service animal, Department employee s should remain neutral and should be prepared to explain the ADA requirements concerning service animals to the concerned parties. Businesses are required to allow service animals to accompany their owner into all areas that other customers or members of the general public are allowed. Absent a violation of law independent of the ADA, officers should take no enforcement action beyond keeping the peace . Individuals who believe

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