Policy Text
Policy
357Fremont Police Department
Service Animals
357.1 PURPOSE AND SCOPE
The purpose of this policy is to provide the guidelines necessary to ensure that the rights of
individuals who use service animals to assist with disabilities are protected in accordance with
Title II of the Americans with Disabilities Act (ADA).
357.1.1 DEFINITIONS
Definitions related to this policy include:
Service animal - A dog that is 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 disability.
The work or tasks performed by a service animal must be directly related to the individual's
disability (28 CFR 35.104; Civil Code § 54.1; Health and Safety Code § 113903).
Service animal also includes a miniature horse if the horse is trained to do work or perform tasks
for people with disabilities, provided the horse is housebroken, is under the handler's control, the
facility can accommodate the horse's type, size, and weight, and the horse's presence will not
compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR
35.136(i)).
357.2 POLICY
It is the policy of the Fremont Police Department to provide equal access to services, programs,
and activities of the Department to persons with service animals. Department members shall
protect the rights of persons assisted by service animals in accordance with state and federal law.
This protection extends to a person authorized to train a service dog (Civil Code § 54.2).
357.3 IDENTIFICATION AND USE OF SERVICE ANIMALS
Service animals that are assisting individuals with disabilities are permitted in all public facilities
and areas where the general public is allowed. Department members are expected to treat
individuals with service animals with the same courtesy and respect that the Fremont Police
Department affords to all members of the public (28 CFR 35.136).
Some service animals may be readily identifiable. However, many do not have a distinctive
symbol, harness, or collar.
Service animals may be used in a number of ways to provide assistance, including:
•Guiding people who are blind or have low vision.
•Alerting people who are deaf or hard of hearing.
•Retrieving or picking up items, opening doors, or flipping switches for people who have
limited use of their hands, arms, or legs.
•Pulling wheelchairs.
•Providing physical support and assisting with stability and balance.
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•Doing work or performing tasks for persons with traumatic brain injury, intellectual
disabilities, or psychiatric disabilities, such as reminding a person with depression to
take medication.
•Alerting a person with anxiety to the onset of panic attacks, 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 follow daily routines.
357.4 INQUIRIES REGARDING SERVICE ANIMALS
If it is apparent or if a member is aware that an animal is a service animal, the individual generally
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 member should ask the individual only the following
questions (28 CFR 35.136(f)):
•Is the animal required because of a disability?
•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 animal meets the definition of a service animal and no further
questions as to the animal's status should be asked. The individual should not be questioned
about their disabilities nor should members ask any individual to provide any license, certification,
or identification card for the service animal.
357.5 CONTACT WITH SERVICE ANIMALS
Service animals are not pets. Department members should not interfere with a service animal by
talking to, petting, or otherwise initiating contact.
357.6 REMOVAL OF SERVICE ANIMALS
If a service animal is not housebroken, exhibits vicious behavior, poses a direct threat to the health
of others, or unreasonably disrupts or interferes with normal business operations, a department
supervisor may direct the handler to remove the animal from the premises. Barking alone is not
a threat nor does a direct threat exist if the person takes prompt, effective action to control the
service animal (28 CFR 35.136 (b); 28 CFR 35.139).
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 access
to services, programs, and activities to an individual with a disability. Members are expected to
provide all services, programs, and activities that are reasonably available to an individual with a
disability, with or without a service animal.
357.7 COMPLAINTS
When handling calls of a complaint regarding a service animal, members should remain neutral
and should be prepared to explain the ADA requirements concerning service animals to the
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concerned parties. Businesses are required to allow service animals to accompany their handlers
into the same areas that other customers or members of the public