Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/2011 06/01/201 8 06/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
___________ _______
382 - Service Animal Policy 1 POLICY 382 SERVICE ANIMAL S
382.1 PUROSE AND SCOPE
Service animals play an important role in helping to overcome the limitations often faced by
people with disabilities. The Tustin Police Department recognizes this need and is committed to
making reason able 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 section pertains to the following CALEA Standards: N/A
382.2 SERVICE ANIMALS
The ADA defines a service animal as any dog that is individually trained to do work or perform
tasks for the benefit of an individual with a disabi lity, 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 owner's disability (28 CFR 35.104 and Health and Safety Code § 113903 ).
Code of Fed eral Regulations (28 CFR 36.136(i)) expands the definition of a service animal to
include 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 .
382.2.1 USE OF SERVICE ANIMALS
Some service animals may be readi ly 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 a nimals may be used to provide
assistance:
a) Guiding people who are blind or have low vision;
b) Alerting people who are deaf or hard of hearing;
c) Retrieving or picking up items, opening doors or flipping switches for people who have
limited use of their hands , arms or legs;
d) Pulling wheelchairs;
e) Providing physical support and assisting with stability and balance;
f) 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;
g) 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
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/2011 06/01/201 8 06/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
___________ _______
382 - Service Animal Policy 2 distinguish between hallucin ations and reality, and helping people with traumatic brain
injury to locate misplaced items or follow daily routines.
382.3 MEMBER RESPONSIBILITIES
Service animals that are assisting individuals with disabilities are permitted in all public facilitie s
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 Tustin Police
Department affords to all members of the public.
If an animal exhibits vic ious 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 threat 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 r efuse service to an individual with
disabilities . Members 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 animal meets the definition o f 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
identification c ard for the servic e animal.
Service animals are not pets. Department members 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 handling calls of a complaint regardi ng a service animal, members of this Department
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