Hesperia Municipal Code Ch. 5.68 Service Animals

The purpose of this chapter is to prevent discrimination against persons who require the use of a service animal, including service animal species other than dogs, in access to public accommodations in Hesperia, including businesses open to the public and all other areas open to the public.

(Ord. No. 2011-01, § 1, 3-15-11; Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A. Except as described in subdivision (B), the terms in this chapter are as defined in Title III of the Federal Americans with Disabilities Act (42 U.S.C. § 12181 et seq.), including but not limited to those definitions found in 42 U.S.C. §§ 12181, 12102, 12103, and section 36.104 of Title 28 of the Code of Federal Regulations (28 CFR 36.104).

B. Notwithstanding subdivision (A), the definition of the term "service animal" in this chapter is: "any guide dog, signal dog, or other animal of any species, that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, detecting intermittent medical conditions and alerting individuals of same, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items."

(Ord. No. 2011-01, § 1, 3-15-11; Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A. General. A public accommodation shall modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.

B. Exceptions. A public accommodation may ask an individual with a disability to remove a service animal from the premises if:

1. The animal is out of control and the animal's handler does not take effective action to control it; or

2. The animal is not housebroken.

C. If an animal is properly excluded. If a public accommodation properly excludes a service animal under subdivision (B), it shall give the individual with a disability the opportunity to obtain goods, services, and accommodations without having the service animal on the premises.

D. Animal Under Handler's Control. A service animal shall be under the control of its handler. A service animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal must be otherwise under the handler's control (e.g., voice control, signals, or other effective means).

E. Care or Supervision. A public accommodation is not responsible for the care or supervision of a service animal.

F. Inquiries. A public accommodation shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

G. Access to Areas of a Public Accommodation. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a place of public accommodation where members of the public, program participants, clients, customers, patrons, or invitees, as relevant, are allowed to go.

H. Surcharges. A public accommodation shall not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public accommodation normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service animal.

(Ord. No. 2011-01, § 1, 3-15-11; Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

This chapter is to be interpreted and applied consistent with the interpretation and application of Title III of the Americans with Disabilities Act (42 U.S.C. § 12181 et seq.) and the federal regulations implementing same, except with respect to instances in which the language in this chapter expressly differs from the language of the ADA.

(Ord. No. 2011-01, § 1, 3-15-11; Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Defenses to an alleged violation of this chapter shall be those defenses established under Title III of the Americans with Disabilities Act (42 U.S.C. § 12181 et seq.), including but not limited to section 36.208 of title 28 of the Code of Federal Regulations, which provides that an individual and service animal need not be given access to a public accommodation when that access would pose a direct threat to the health or safety of others.

(Ord. No. 2011-01, § 1, 3-15-11; Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Any person who violates any of the provisions of this chapter or who aids or assists in the violation of any provisions of this chapter shall be liable as follows:

A. For actual damages including compensatory damages for pain and suffering, or one thousand dollars ($1,000.00), whichever is greater;

B. For costs and attorney's fees;

C. For any equitable relief to remedy the wrong to the individual whose rights were violated and to prevent or end any future act or practice which would violate this chapter;

D. For civil, administrative, and/or criminal penalties under Chapter 1.12 of this code.

(Ord. No. 2011-01, § 1, 3-15-11; Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A. Any aggrieved person may enforce this chapter in a civil action in any court with jurisdiction.

B. An action for equitable relief under this chapter may be brought by any aggrieved person or by any aggrieved person or entity which will fairly and adequately represent the interests of the class of persons who require service animals because of a disability.

C. In addition to the remedies above, violations of this chapter may be enforced by the city through the civil, administrative, and/or criminal enforcement provisions established in Chapter 1.12 of this code.

(Ord. No. 2011-01, § 1, 3-15-11; Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law.

(Ord. No. 2011-01, § 1, 3-15-11; Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Actions by aggrieved persons or entities under this chapter must be filed within one year of the last occurrence of the alleged discriminatory acts.

(Ord. No. 2011-01, § 1, 3-15-11; Ord. No. 2019-10, § 3(Exh. A), 8-20-19)