Police Department Policy

1505060

Santa Monica Police Department

Policy Text
Copyright Lexipol, LLC 2025/06/04, All Rights Reserved. Published with permission by Santa Monica Police Department Service Animals - 1 Santa Monica Police Department Santa Monica Police Department Policy Manual Service Animals 340.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to ensure 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 of 1990 (ADA). 340.1.1 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 wor k 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 wei ght, and the horse's presence will not compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR 35.136(i)). 340.2 POLICY It is the policy of the Santa Monica 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). 340.3 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 t reat individuals with service animals with the same courtesy and respect that the Santa Monica 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. Policy 340 Copyright Lexipol, LLC 2025/06/04, All Rights Reserved. Published with permission by Santa Monica Police Department Service Animals - 2 Santa Monica Police Department Santa Monica Police Department Policy Manual Service Animals • 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, pro viding 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. 340.4 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. 340.5 CONTA CT 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. 340.6 REMOVAL OF SERVICE ANIMALS If a service animal is not housebroken, exhibits viciou s behavior, poses a direct threat to the health of others, or unreasonably disrupts or interferes with normal business operations, a sworn officer 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

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