Commission on Persons with Disabilities - Frequently Asked Questions
Are residential trash/recycle containers blocking the sidewalk on trash collection day a violation of ADA regulations?
No. The Arizona Office for Americans with Disabilities notes that the placement of mobile trash cans on the sidewalk for collection one day per week is not in violation of the ADA. A non-moveable dumpster or container permanently blocking a sidewalk would be in violation; however, portable trash cans are not.
If someone in a neighborhood has a disability, can the city make people put their trash cans on the street?
No. there is no obligation (under the ADA or otherwise) on the city to require residents to put the containers on the street as the current practice is per city code section 18-53. However, if the neighbors in a specified area agree to place their cans on the street to accommodate a neighbor, they should contact Field Operations Department at (623) 930-2600
to make special arrangements.
Does the ADA apply to HOAs?
The ADA ensures that individuals with disabilities may not be discriminated against and must be afforded reasonable accommodations for their disabilities. In order for an HOA to be subject to the ADA, common areas and facilities owned and used by the HOA must be designated as "commercial facilities," must be owned or operated by a "public entity" or must be a "public accommodation."
Most HOA common areas and facilities are not commercial facilities or owned and operated by a public entity, nor are they public accommodations. Most HOA common areas and facilities (for example, a clubhouse) are not open to the public for use, meaning only the members of the HOA and their families and guests may use the common areas and facilities. So long as the public is not able to use the HOA's common areas or facilities, an HOA most likely would not be considered a public entity or to have public accommodations and as such, the ADA would not apply.
Can the latches on an apartment complex pool gate be lowered to afford accessibility to a person using a wheelchair?
No, the latches may not be lowered for public safety reasons.
City of Glendale Code Section 32-3 is intended to safeguard the general public from the severe hazard created by an unsecured public pool.
The height of the latch is mandated by Glendale City code to “be located at least fifty-four (54) inches above the underlying ground or on the pool side of the gate with a release mechanism at least five (5) inches below the top of the gate.” Because the pool in an apartment complex is considered a public pool open to everyone who resides at these apartments, and their guests, it must comply with city code regardless whether a child resides there or not.
It is recommended that individuals explore assistive technology and compensatory strategies to provide accommodation and maximize independence. Click here for resources for assistive technology (such as AZTAP).