[Ord. No. 2025-05, 2-10-2025]
Title II of the ADA requires state/local governments to give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities. State/local governments can't deny people with disabilities the chance to participate or make them participate in different programs than available to others. The City of Caruthersville intends to fully comply with the ADA.
[Ord. No. 2025-05, 2-10-2025]
The City, acting through its employees, agents, and officers must:
A. 
Communicate with people with disabilities as effectively as you communicate with others.
B. 
Make reasonable modifications to policies, practices, and procedures where needed to make sure that a person with a disability can access the state/local government's programs, services, or activities.
C. 
Allow service animals to be with their person even if you have a no pets policy.
D. 
Provide program access by ensuring that individuals with disabilities are not excluded from programs because existing buildings or facilities are inaccessible to them.
E. 
Follow specific standards for physical accessibility when building or altering a building or facility.
[Ord. No. 2025-05, 2-10-2025]
The City of Caruthersville shall make reasonable modifications when necessary to accommodate people with disabilities. To that end, the City hereby establishes a policy to make such accommodations upon request as provided in this Chapter.
[Ord. No. 2025-05, 2-10-2025]
A. 
To make specific accommodations, the applicant may request a reasonable accommodation relating to the various rules, regulations, ordinances, activities, programs, facilities, and buildings of the City.
B. 
A request by an applicant for reasonable accommodation shall be made in writing on a reasonable accommodation request form as approved by the City Council. For any applicant unable to complete the required form due to disability, an employee of the City shall assist the applicant by receiving the information verbally from the applicant and recording it on the form. The form shall contain at a minimum:
1. 
The name, phone number and address of the applicant;
2. 
The nature of the disability that requires the reasonable accommodation;
3. 
The specific type of accommodation requested by the applicant.
C. 
The City will provide the assistance necessary to an applicant in making a request for reasonable accommodation. The City will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this Chapter 246 by a person designated by the applicant.
D. 
Should the information provided by the applicant to the City include medical information or records of the applicant, including records indicating the medical condition, diagnosis or medical history of the applicant, the applicant may, at the time of submitting such medical information, request that the City, to the extent allowed by law, treat such medical information as confidential information of the applicant.
E. 
The City shall provide written notice to the applicant, and any person designated by the applicant to represent the applicant in the application proceeding, of any request received by the City for disclosure of the medical information or documentation which the applicant has previously requested be treated as confidential by the City. The City will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.
[Ord. No. 2025-05, 2-10-2025]
A. 
ADA Coordinator. The Mayor shall act as the ADA Coordinator for the purposes of this Chapter. The ADA Coordinator, or his/her designee, shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the City Clerk, it will be referred to the ADA Coordinator for review and consideration. The ADA Coordinator may consult with the City Attorney in processing a request hereunder. The ADA Coordinator shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may grant the accommodation request, or deny the request, in accordance with Federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the applicant by certified mail, return receipt requested, and by regular mail.
B. 
If reasonably necessary to reach a determination on the request for reasonable accommodation, the ADA Coordinator may, prior to the end of said thirty (30) day period, request additional information from the applicant, specifying in detail what information is required. The applicant shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the thirty (30) day period to issue a written determination shall be stayed. The ADA Coordinator shall issue a written determination within thirty (30) days after receipt of the additional information. If the applicant fails to provide the requested additional information within said fifteen (15) day period, the ADA Coordinator shall issue a written determination within thirty (30) days after expiration of said fifteen (15) day period.
[Ord. No. 2025-05, 2-10-2025]
A. 
The following findings, while not exhaustive of all considerations and findings that may be relevant, must be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:
1. 
Whether the accommodation requested may be necessary to afford one (1) or more persons with disabilities equal opportunity to use, participate and enjoy the program, service, facility or building provided by the City;
2. 
Whether the requested accommodation would require a fundamental alteration to the City's Zoning Code or Comprehensive Plan, or to the program or service provided; and
3. 
Whether the requested accommodation would impose undue financial or administrative burdens on the City.
B. 
A request for a reasonable accommodation shall not be denied for reasons which violate the provisions of the ADA. This Chapter does not obligate the City to grant any accommodation request unless required by the provisions of the ADA or applicable Missouri State law.
[Ord. No. 2025-05, 2-10-2025]
A. 
Within thirty (30) days after the date the City mails a written adverse determination, under Section 246.060, to the applicant, the applicant requesting reasonable accommodation may appeal the adverse determination.
B. 
All appeals shall contain a statement of the grounds for the appeal.
C. 
If an individual applicant needs assistance in appealing a determination, the City will provide the assistance necessary to ensure that the appeal process is accessible to the applicant. All applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the applicant.
D. 
Appeals shall be to the City Council who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than forty-five (45) days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Section 246.060 and shall be consistent with the ADA.
E. 
An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.
[Ord. No. 2025-05, 2-10-2025]
The City shall not impose any additional fees or costs in connection with a request for reasonable accommodation under the provisions of this Chapter 246; nor shall it impose any additional fees for an appeal of a denial of such request by the ADA Coordinator. Nothing in this Chapter obligates the City to pay an applicant's attorneys' fees.
[Ord. No. 2025-05, 2-10-2025]
While an application for reasonable accommodation or appeal of a denial of said application is pending before the City, the City will not enforce the subject ordinance against the applicant.
[Ord. No. 2025-05, 2-10-2025]
The City shall maintain records of all oral and written requests submitted under the provisions of this Chapter, and the City's responses thereto.