HomeMy WebLinkAbout19-131RESOLUTION NO. 19-131
A RESOLUTION CREATING "SERVICE ANIMALS IN THE
LIBRARY" POLICY FOR THE LIBRARY SYSTEM OF ST. LUCIE
COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners for St. Lucie County, Florida (the
"Board") has made the following determinations:
1. Under the Americans with Disabilities Act ("ADA"), state and local
governments that serve the public generally must allow service animals to accompany
people with disabilities in all areas of a facility where the public is normally allowed. The
St. Lucie County Library System recognizes the legal rights of its patrons under federal and
state laws regarding the use of service animals.
2. On April 15, 2019, the Library Advisory Board reviewed, discussed and
approved the attached Library System's "Service Animals in the Library' policy for patrons
of the St. Lucie County Library System.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
1. This Board does hereby adopt the "Service Animals in the Library" Policy, attached
hereto and incorporated herein as Exhibit "A".
After motion and second, the vote on this resolution was as follows:
Chair, Linda Bartz AYE
Vice Chair, Cathy Townsend AYE
Commissioner Chris Dzadovsky AYE
Commissioner Sean Mitchell AYE
Commissioner Frannie Hutchinson AYE
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PASSED AND DULY ADOPTED this 16th day of July 2019.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUUC{{IE COUNTY, F]LORIDA
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Deputy Cie Chair
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
Service Animals in the Library Policy
Purpose
The St. Lucie County Library System (the "Library") recognizes that patrons with disabilities may
be accompanied by service animals that are trained to assist or accommodate a person with a
sensory, mental, or physical disability of perform tasks for the benefit of an individual with
disabilities. The Library recognizes legal rights of its patrons under federal and state laws
regarding the use of service animals. The Library considers the health and safety of all patrons,
the public, and Library staff to be of utmost priority.
Background
Under the Americans with Disabilities Act ("ADA"), state, and local governments, businesses, and
nonprofit organizations that serve the public generally must allow service animals to accompany
people with disabilities in all areas of a facility where the public is normally allowed.
Service Animal Determination
a) "Service Animal" is defined as an animal individually trained to do work or perform tasks
for people with disabilities.
b) Assistance animals (e.g. emotional support animals) and pets do not fall under the
statutory definition of a "service animal". While these animals may provide comfort to
their handlers, the provision of emotional support, well-being, comfort, or
companionship does not constitute work or tasks under the ADA. As these animals do not
qualify as service animals under the ADA, the Library is not required to allow them in the
libraries.
c) If it is not obvious that an animal brought into a Library is a service animal, Library staff
may ask:
1. Whether the animal is a service animal required because of a disability; and,
2. What specific tasks the animal is trained to perform.
d) A staff member attempting to ascertain whether a dog is a service animal shall not ask
about the nature of a person's disability.
e) If the animal is not a service animal as defined by ADA, staff shall require the handler of
the animal to remove the animal from the Library. This shall not apply to animals which
are participating in a program or event sponsored by the Library.
Guidelines for Service Animal Behavior
1. The handler of a service animal must maintain the animal on a leash and/or must be
in full control of the animal at all times.
2. A service animal may be excluded/removed from the Library if its behavior poses a
threat to the health or safety of others, or when its behavior creates a disruption to
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activities going on around it [e.g. barking or growling at others.] Service animals
which are not housebroken, bark excessively, are uncontrolled, or are otherwise
disruptive will be required to leave the premises.
3. Service animals may never be left unattended on Library grounds.
4. Service animals are not allowed on Library furniture or fixtures, and must remain
on the floor or be carried (as appropriate) by their handlers at all times.
5. The handler of a service animal will be asked to remove the animal from the Library
if this policy and/or the patron behavior policy is violated.
6. The owner/partner/handler of a service animal who will not comply with this policy
and/or the Behavior Policy may be asked to leave and/or be trespassed from the
Library.
7. Misrepresenting an animal as a service animal is a violation of the Library's Behavior
Policy and may result in suspension of Library privileges.
While the Library occasionally presents educational programs that feature animals, members
of the public may only enter a Library with an animal if it is a service animal that requires
accommodation under the Americans with Disabilities Act (ADA).
Appeal
Patrons who have been asked to leave or to remove their animal have the right to submit a
written appeal to the Library Director. The request should explain why the patron feels he/she
or their dog should not have been removed from the Library premises and thus why the ban
should be lifted. Patrons may submit their appeal via email �acobs@stlucieco.org or via USPS,
Library Director, St. Lucie County Library System, 101 Melody Lane, Fort Pierce, FL 34950. The
Library Director will review the appeal, and contact the patron within thirty (30) days to discuss
the matter. Following the discussion, the Library Director will issue a written decision within
fifteen (15) days.
Patrons may appeal a decision of the Library Director to the County Administrator or designee.
Patrons may submit their appeal via email to phelank@stlucieco.org, or via USPS to County
Administrator, 2300 Virginia Avenue, Fort Pierce, FL 34982, within ten (10) days of the date of
the Library Director's decision. The County Administrator or designee will review the appeal
and issue a written decision within thirty (30) days of the date of receipt of the appeal.
Approved by the Library Advisory Board: April 15, 2019
Approved by the BOCC: