HomeMy WebLinkAboutAdministrative Order 2024-03 Service Animals in City of Bozeman FacilitiesADMINISTRATIVE ORDER 2024-03
Adoption of City of Bozeman Policy for:
Service Animals in City of Bozeman Facilities
Pursuant to my authority as City Manager, I hereby adopt the attached City of Bozeman policy for: Service Animals in City of Bozeman Facilities attached hereto.
Dated this ____ day of _____, 2024.
__________________________
Chuck Winn, Acting City Manager
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I. Purpose and Scope
The City of Bozeman (“City”) recognizes the importance of providing a safe and healthy environment for
employees and for members of the public visiting City facilities. The purpose of this policy is to provide
guidance on the presence of service animals in City facilities. This policy applies to all City employees,
volunteers, elected officials, and members of the public visiting City facilities.
II. Policy
Pets inside City facilities are prohibited. An individual with a disability under the Americans with
Disabilities Act (ADA) is permitted to bring a service animal inside City facilities. The below sections
describe the City’s policy on service animals inside City facilities. Appendix A provides additional
guidance for City employees.
A. Service Animals
A service animal is defined by the ADA and means any dog or miniature horse that is individually trained
to do work or perform tasks for the benefit of an individual (the handler) with a disability, including a
physical, sensory, psychiatric, intellectual, or other mental disability. Tasks performed can include, among
other things, pulling a wheelchair, retrieving dropped items, alerting a person to a sound, reminding a person
to take medication, or pressing an elevator button.
Service Animals must be under the control of the handler at all times through a leash, voice, signal, or other
means. The care and supervision of the animal is solely the responsibility of the handler. The handler is
expected to clean and dispose of all animal waste appropriately.
All service animals must be immunized against rabies and other diseases common to that type of animal.
All vaccinations must be current, and the service animal must be in good health.
Reasonable behavior is expected from service animals while inside City facilities. Disruptive and
aggressive service animals must be removed from the premises immediately and permission to bring the
animal in to City facilities may be revoked.
The City is not required to allow access to service animals that pose a direct threat to others, are not under
the handler’s care and control, or that would fundamentally alter the nature of the goods, services, or
programs provided by the City. A “direct threat” is defined by the ADA as a significant risk to the health
and safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by
the provision of reasonable auxiliary aids or services.
B. Service Animals in the Workplace
The Human Resources Department will evaluate all requests from employees to bring a service animal into
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the workplace to determine if the accommodation is reasonable and can be provided without undue
hardship, in accordance with the ADA. Employees may be asked to bring the service animal to the
workplace to demonstrate the animals training and ability to be in the workplace without disruption.
If an accommodation is granted to allow a service animal in the workplace, the accommodation may be
permitted on a temporary or trial basis.
Employees should contact the Human Resources Department to request an accommodation.
I. Responsibility for Review
The Human Resources Director, or designee, along with the ADA Coordinator shall be responsible for
reviewing this policy as needed, or at least every two (2) years.
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Appendix A: City of Bozeman Service Animals in City Facilities – Employee Guidance
General Guidelines
• Give the handler and the service animal (dog or miniature horse) space to maneuver.
• Do not make eye contact with the service animal or engage in any way unless the handler offers for you to do so.
• Be respectful of the handler’s privacy – not all disabilities are visible.
• Always assume the service animal is working, even if it may not look like it.
Frequently Asked Questions
1. What is a service animal?
Answer: Under the ADA, a service animal is defined as a dog or miniature horse that has been trained to do work or perform tasks for an individual with a disability.
2. Are emotional support, therapy, comfort, or companion animals considered service animals?
Answer: No. These terms are used to describe animals that provide comfort just by being with a person and are not trained to perform a task. 3. Do service animals have to wear a vest, patch, or special harness identifying them as a service
animal?
Answer: No. 4. Who is responsible for the supervision of the service animal?
Answer: The handler is responsible for caring for and supervising the service animal, which includes toileting, feeding, and grooming. 5. Can people bring more than one service animal into City facilities?
Answer: Generally, yes. Some people with disabilities may use more than one service animal to perform different tasks. 6. Does the service animal have to be on a leash?
Answer: No, but a service animal does have to be under the control of the handler through voice, signal, or other means.
7. The City of Bozeman requires all chickens, cats, and dogs within the City limits to be
registered and licensed. Does this apply to a service animal?
Answer: Yes, service animals are subject to local dog licensing and registration requirements. 8. Where can a service animal NOT go?
Answer: Service animals are allowed in all and any public facilities with few exceptions, which include; religious organizations, swimming pools, and sensitive environments (for example: hospital operating room). While service animals are not permitted in a swimming pool, they are permitted on the pool deck and in changing rooms.
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9. Can individuals with disabilities be refused access to a facility based on the breed of the
service animal?
Answer: No. There is no restriction on the type of dog breeds that can be service animals.
10. What is an example of a “direct threat” that a service animal could pose?
Answer: For example, a dog that bites without provocation.
11. What should I do when I see an animal inside a City facility?
Answer: If a dog or miniature horse is inside a City facility, is under control, and has not
been the subject of a complaint then there is no need to engage. If it is not a dog or miniature horse, please ask the handler to remove their animal from the City facility at this time as only service animals are permitted.
12. Can I ask an individual for information about their service animal?
Answer: Per the ADA, there are only two questions that may be asked:
• “Is the dog/miniature horse a service animal required because of a disability?”
• “What work or task has the dog/miniature horse been trained to perform?”
13. What can I do when a service animal is being disruptive?
Answer: If a service animal is out of control and the handler does not take effective action to control it, you may request that the animal be removed from the City building. Employees should report this to a supervisor.
14. When is it acceptable to engage with the handler about the dog in a City facility?
Answer: When another patron, or employee, complains that the dog/miniature horse is not under control, you observe the dog/miniature horse not under control, or the dog/miniature horse is not housebroken. 15. What if I have to speak with someone about their service animal?
Answer: You may ask the two questions listed in item 12 or address the behavior of the service animal only.
• For example, “Please have your dog sit next to you while you are using the
computer”.
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