Palm Desert works to make its facilities, services, programs, and events accessible. The ADA/504 Coordinator, located in Public Works, oversees compliance, answers questions, and assists with accommodations for residents and employees. While the ADA does not require actions that fundamentally alter programs or impose undue burdens, the City actively removes barriers by:

• Eliminating unnecessary eligibility rules
• Modifying policies and practices when needed
• Providing auxiliary aids for effective communication
• Ensuring signage and physical accessibility

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act of 1973, the City of Palm Desert will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

Employment: The City of Palm Desert does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

Effective Communication: The City of Palm Desert will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in City of Palm Desert programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The City of Palm Desert will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with serviceanimals are welcomed in City of Palm Desert offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Palm Desert should contact the ADA Coordinator at (760) 776-6450 or ada@cityofpalmdesert.org as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the City of Palm Desert to take any action that would fundamentally alter the nature of its programs or services or impose an undue financial or administrative burden.

Complaints that a program, service, or activity of the City of Palm Desert is not accessible to persons with disabilities should be directed to:

ADA Coordinator

• 73-510 Fred Waring Drive Palm Desert, CA 92260
• ada@cityofpalmdesert.org
• (760) 776-6450
• California Relay Service 7-1-1 (TTY)

The City of Palm Desert will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

To request accommodations, please contact the ADA/504 Coordinator. If a request is not resolved satisfactorily, an ADA Grievance Form may be obtained from the City Clerk’s Office or downloaded online.

Introduction

On September 15, 2010, the United States Department of Justice amended the regulations governing nondiscrimination on the basis of disability in state and local government services, effective March 15, 2011. According to 28 CFR § 35.137, this regulation requires public entities to permit use of wheelchairs and other manually powered mobility aids by individuals with mobility disabilities. It also mandates reasonable modifications to policies to allow the use of other power-driven mobility devices (OPDMDs) by individuals with mobility disabilities in areas open to pedestrian use.

In accordance with the Americans with Disabilities Amendments Act and subsequent regulations, it is the policy of City of Palm Desert that mobility devices used by individuals with disabilities are generally permitted in all facilities and programs.

The City of Palm Desert will make reasonable modifications to allow individuals with mobility disabilities to use OPDMDs at City events and in City facilities, provided that the operation of these devices does not pose significant safety risks. This includes adhering to safe speed limits and being cautious around pedestrians. Additionally, the use of these devices must not fundamentally alter the nature of the services, programs, and activities provided by the City.

Definitions

• Wheelchair refers to a manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or both indoor and outdoor locomotion as defined in 28 CFR § 35.104.
• Manually Powered Mobility Aids refers to walkers, crutches, canes, braces, or similar device designed for use by individuals with mobility impairments.
• Other Power-Driven Mobility Device (OPDMD) refers to any mobility device powered by batteries, fuel, or other engines, whether or not designed primarily for use by individuals with mobility disabilities. These devices are used by individuals with mobility disabilities for locomotion and include golf cars, electronic personal assistance mobility devices (EPAMDs) such as the Segway Personal Transporter or an electric-assisted bicycle, or any mobility device designed to operate in areas without defined pedestrian routes. This definition excludes wheelchair as defined in 28 CFR § 35.104.
• Credible Assurance means a valid state-issued disability parking placard or card, or state-issued proof of disability, presented by the person to whom it was issued and compliant with the state's requirements for disability placards or cards, as defined in 28 CFR § 35.137. Additionally, a verbal statement indicating that the device is being used due to a mobility disability, provided it does not contradict observable facts, also constitutes credible assurance.

Purpose

 The purpose of this guideline is to address the use of OPDMDs by individuals with mobility disabilities on pathways or trails (paved or unpaved) located in the following areas:

• Properties/facilities owned and/or operated by City of Palm Desert (City).
• Properties and facilities managed by the City under a lease, easement, or use agreement.
• City events.

Eligibility

 Manually Powered Mobility Aids refers to walkers, crutches, canes, braces, or similar device designed for use by individuals with mobility impairments. The operator or passenger of an OPDMD must be an individual with a mobility disability. Upon request from a staff member, usher, or employee, the individual must provide credible assurance that the OPDMD is required due to the individual's mobility disability. City staff, ushers, or employees will not inquire about the nature or extent of an individual's disability. Credible assurance may be provided by either of the following:

• A valid state-issued disability parking placard or card, or other state-issued proof of disability; or
• A verbal representation, not contradicted by observable fact, that the OPDMD is being used for a mobility disability. 

Assessment Factors

 Any OPDMD operated on City-owned and operated properties or facilities, as well as properties managed under a lease, easement, or use agreement, or at City events, must meet the following assessment factors. These factors are used to determine whether a particular OPDMD is allowed be allowed in a specific area as a reasonable accommodation:

• The type, size, weight, dimensions, and speed of the OPDMD;
• The area's volume of pedestrian traffic;
• The area's design and operational characteristics;
• Whether legitimate safety requirements can be established to permit the safe operation of the OPDMD in the specific area; and
• Whether the use of the OPDMD creates a substantial risk of serious harm to the immediate environment, natural or cultural resources, or the safety of occupants and visitors.

Requirements

• To ensure the safety of all individuals using City pathways, trails (paved or unpaved), properties, and facilities, OPDMDs must not exceed a typical walking speed of three (3) mph when operated in these areas or at outdoor events.
• The OPDMD shall not be operated in an unsafe manner or cause damage to City property. The OPDMD operator assumes all risks associated with operating the OPDMD on City property. City does not represent that City-owned properties are safe for use by an OPDMD and does not assume any liability for operation of the OPDMD. Certain risks are inherent in the use of OPDMDs on City-owned properties.
• An OPDMD must be capable of being turned around safely within the trail or pathway tread.
• OPDMD operators are prohibited from the using any substance that could impair their judgment or mobility, including but not limited to alcohol, prescription medications, or illegal narcotics.
• The OPDMD operator or passenger is responsible for ensuring the OPDMD functions properly according to the manufacturer's instructions. The operator is also responsible for adhering to the manufacturer's operating and protective equipment requirements.
• Operators of permitted OPDMDs must yield the right-of-way to persons on foot, horseback, or using non-motorized devices (e.g., bicycles) and must announce their presence before passing another trail or pathway user.
• An OPDMD must be capable of safely navigating trail and pathway features and obstructions such as steps, vertical displacements, ponded water, loose gravel, and rocks. The characteristics of certain types of OPDMDs may impact other pathway or trail users, depending on the volume of traffic and the operational characteristics of the pathway or trail. These pathways or trails typically accommodate high-capacity, two-way traffic, where width and speed restrictions must allow for the safe passing of OPDMDs, bicycles, equestrians, and pedestrians.
• City Golf Courses: Persons with mobility disabilities must use an accessible cart, wheelchairs, or other manually powered mobility aids if the device is to be used for the purpose of golf recreation. Golf course paths are located in recreational settings that are not appropriate for other trail devices, such as bicycles, horses, or OPDMDs not suited for golfing use

Limitations

• Wheelchairs and any OPDMDs are not permitted on escalators in City facilities.
• The City shall not provide battery charging or emergency retrieval services for OPDMDs.
• The City shall not transport OPDMDs to or from City property.
• The City shall not store any privately-owned OPDMDs.
• The City reserves the right to restrict OPDMD use during special events or during times of heavy traffic on City pathways or trails if such limitations are deemed necessary, in the opinion of the City, to protect the public health, safety, and welfare of patrons.
• The weight of an OPDMD may not be supported on certain pedestrian routes or undeveloped areas due to natural features. This could pose a serious danger to the OPDMD operator or other persons on City property or facilities.

Prohibited Devices 

The following devices are prohibited on City pathways, trails (paved or unpaved), and in properties and facilities:

• Gas or combustible fuel-powered devices are prohibited because: (1) fuel leaks and/or sparks may result in pollution or fires on the largely forested and/or grassy City pathways, trails, and properties/facilities; and (2) exhaust and noise emissions from the devices can disturb or damage natural or cultural resources of the City's pathways, trails, and properties/facilities, as well as disrupt the outdoor experience for other park patrons, building occupants, and visitors. These devices may only be used by City staff, ushers, or employees when necessary for operational and maintenance purposes.
• Other types of electric-powered devices, such as electric motorcycles and mopeds (except for EPAMDs and EABs), are prohibited due to the following reasons: (1) the typical high speeds at which these devices are operated; (2) the potential damage to City pathways, trails and properties surfaces caused by their tires, such as those with tractor-like, steel threads, or off-road designs; (3) some devices may only be permitted on roads or private property according to State law; and (4) OPDMDs with two or fewer wheels are prone to tipping.
• OPDMDs exceeding 36 inches in width are prohibited because: (1) many City pathways and trails are less than 8 feet wide; and (2) OPDMDs wider than 36 inches can pose a potential danger to users approaching from the opposite direction or to those attempting to pass the OPDMD from behind.

Guidelines and Recommendations

• Due to varying conditions on City property and to ensure safety and the protection of natural resource, the City recommends that OPDMDs users contact the City at: 760-776-6450 (TTY: California Relay Service 7-1-1) to confirm whether an OPDMD is permitted on a particular trail or pathway.
• The City may modify these guidelines from time to time as it may deem necessary or as required by law. It is the user's responsibility to ensure that they are in conformance with these guidelines.
• Requests for Modifications to OPDMD Policy. The City will consider requests for reasonable accommodation from individuals with disabilities who wish to use OPDMDs that do not meet the criteria listed above and/or in an area not previously authorized for use.
• A copy of the most current OPDMD Guidelines will be available for public review upon request via the ADA/504 Coordinator.

Introduction

In compliance with the Americans with Disabilities Act (ADA), the City of Palm Desert (City) will not discriminate against qualified individuals with disabilities on the basis of disability in its programs, services, and activities, which includes the use of service animals.

Defining Service Animals

• According to Title II and Title Ill of the ADA, as defined by the U.S. Department of Justice, service animals are dogs that are individually trained to do work or perform tasks for people with disabilities.
• Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post-Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other specific duties.
• Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
• This definition does not affect or limit the broader definition of "assistance animal" under the Fair Housing Act or the broader definition of "service animal" under the Air Carrier Access Act.

Allowance

Under the ADA, state and local governments, businesses, and nonprofit organizations that serve the public must generally allow service animals to accompany people with disabilities in all areas of the facility where the public is permitted.

For example, in a hospital, it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms, unless the animal poses a safety issue. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal's presence may compromise a sterile environment.

The City, in accordance with the ADA, requires that service animals be under the control of their handlers at all times. Staff and employees are not responsible for the care or supervision of an individual's service animal. The animal must be harnessed, leashed, or tethered unless the individual's disability prevents the use of these devices or if they interfere with the service animal's safe and effective performance of tasks. In such cases, the individual must maintain control of the animal through voice, signal, or other effective means.

Guidelines

When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) Is the dog a service animal required because of a disability? and (2) What work or task has the dog been trained to perform? Staff cannot ask about the person's disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

• Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility (e.g., in an emergency evacuation or homeless shelter), they should both be accommodated by being assigned, if possible, to different locations within the room or different rooms in the facility.
• A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control, and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal's presence.
• City establishments that sell or prepare food must generally allow service animals in public areas, even if state or local health codes prohibit animals on the premises.
• People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a City program requires a deposit or fee to be paid by patrons with pets, the City must waive the charge for service animals.

Miniature Horses

In addition to the provisions about service dogs, ADA regulations have a separate provision about miniature horses that have been individually trained to perform work or tasks for people with disabilities. Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and typically weigh between 70 and 100 pounds. Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations outline four assessment factors to help entities determine whether miniature horses can be accommodated in their facility. The assessment factors are: (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the handler's control; (3) whether the facility can accommodate the miniature horse's type, size, and weight; and (4) whether the miniature horse's presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

As required by the federal Americans with Disabilities Act of 1990, all events, workshops, conferences, hearings, or any other activity held on City property (City facilities, including buildings and parks and public right-of-way) must be accessible to people with disabilities. The Palm Desert ADA/504 Coordinator provides the following information to assist you in ensuring that your events are accessible.

GENERAL

• Special Event producers shall generate an accessibility plan for the event.
• The site plan must show all ADA elements, including, but not limited to accessible parking, ADA-compliant portable toilets, ramps, accessible seating, accessible path of travel, etc.
• All printed material for an event is to include the Request for Accommodation notice with the international symbol for accessibility, a contact name, and the contact's phone number.
• Request for accommodation may include material in an alternate format, an interpreter, or assistive listening devices.
• Service animals must be allowed to accompany their owners at all times and cannot be excluded from the event.
• If amplified sound is used, assistive listening devices should be available.

BARRIERS

• Concern should be given to elevation changes of more than ¼" vertical to ½" beveled. These are considered barriers and required temporary ramps.
• All cords, wires, hoses, etc., that are located within a path of travel must be ramped or placed within a cord cover.

 PATHS OF TRAVEL

• All paths of travel shall be accessible, and all event features shall be on an accessible path of travel.
• An alternate path of travel is required when the normal path of travel is obstructed.• If an alternate path of travel is provided, signage designating the alternate path of travel is required.
• Where possible, the alternate path of travel shall be parallel to the disrupted pedestrian access route, and on the same side of the street.
• All paths of travel shall have no protrusions up to a height of 80", including scaffolding and scaffolding braces. Where the alternative path of travel is adjacent to potentially hazardous conditions, the path must be protected with a barricade.

PARKING

• If parking is provided for an event, accessible parking is required.
• If no parking is provided for an event, an accessible passenger loading and unloading zone is required.
• Accessible parking and passenger loading and unloading zones are required to be identified using the international symbol for accessibility.
• Signs with the international symbol for accessibility are to be mounted for maximum visibility.

SALES OR SERVICE COUNTERS

• If sales or service counters are provided for your event, the height must be no more than 34" from the finished floor or the ground, and the width must be at least 36" wide.

ACCESSIBLE ROUTE

• An accessible route is required from the accessible parking, and from the passenger loading and unloading zone to the event entrance.
• All routes within the event shall be accessible.
• An accessible route must be a minimum of 48" in width.
• Accessible routes must be identified with the international symbol for accessibility, including directional arrows, with visibility optimized.

SEATING

• If seating is provided, accessible seating and companion seating are required.
• Accessible seating and companion seating area must be identified using the international symbol for accessibility and placed for maximum visibility.

PORTABLE TOILETS

•  If portable toilets are provided, they must be accessible and located on a level area not to exceed a 2% cross-slope in any direction.
• The total number of portable toilets to be provided for the event determines the required number of accessible portable toilets in any given area. This number is 5% of the total, but in no event less than one for each location. If a sign unit is placed, it must be accessible. The placement of single units will increase the number of accessible toilets required for your event.
• An accessible route to each portable toilet is required.
• Accessible portable toilets must be identified with the international symbol of accessibility.

To request this form in an alternate format, contact the ADA/504 Coordinator at:

• (760) 776-6450
• California Relay Service 7-1-1
• Email: ada@cityofpalmdesert.org

The City of Palm Desert is committed to ensuring that our digital services and online content are accessible to everyone. In accordance with the U.S. Department of Justice’s Title II ADA regulations, the City is actively working to make its website and digital resources usable by people of all abilities.

How the City Is Working Toward Digital Accessibility Compliance
In response to the U.S. Department of Justice’s Title II digital accessibility requirements, the City of Palm Desert is taking meaningful steps to ensure our website and digital services are accessible to all users.

• Building to Accessible Website Standards
  • The City is designing and updating web pages to align with WCAG 2.1, Level AA accessibility standards.
  • New website content is created with accessibility in mind from the start, rather than retrofitted later.
• Improving Documents and Online Content
  • The City is reviewing documents posted on its website and reducing the use of PDFs where possible.
  • High-priority documents are being remediated to improve accessibility, and alternative formats are available upon request.
  • Videos and multimedia content are being reviewed to ensure captions and other accessibility features are provided when required.
• Ensuring Access to Online Services
  • Online services such as forms, applications, and payments are being evaluated to ensure they can be used with assistive technologies.
  • Accessibility considerations are being incorporated into new digital tools and services as they are launched.
• Ongoing Review and Continuous Improvement
  • The City conducts ongoing reviews of its website to identify and address accessibility barriers.
  • Staff receive guidance and training on digital accessibility best practices.
  • Accessibility improvements are prioritized as part of regular website updates.

Report an Accessibility Issue with a Digital Resource or Request Assistance
If you experience difficulty accessing any part of the City’s websites or need information in an alternative format, we want to hear from you. Please contact:

Email: communityrelations@palmdesert.gov
Phone: 760-776-6318
Mail: City of Palm Desert, Attn: Community Relations,
            73510 Fred Waring Drive, Palm Desert, CA 92260

When contacting us, please include the web page or document you are trying to access and the nature of the issue. The City will make reasonable efforts to provide accessible alternatives promptly.

• City of Palm Desert ADA Resolution
• Request for Reasonable Accommodation