(Added by Ord. No. 163,811, Eff. 8/19/88.)
A. For public accommodations or facilities: If restroom facilities are made available for the public, clients, or employees, no person owning, controlling, or having charge of such accommodation or facility shall prohibit or prevent the use of such restroom facilities by a person with a physical handicap, regardless of whether that person is a customer, client, employee, or paid entrant to the accommodation or facility. Employee restrooms need not be made available if there are other restroom facilities available on the premises unless employee restroom facilities have been constructed or altered to accommodate the physically handicapped and such facilities are not available elsewhere on the premises.
B. The following definitions are applicable to this section:
1. A person with a physical handicap includes:
a) an individual who has an impairment, either permanent or temporary in nature, as follows:
1) Impairments that affect ambulation due to cerebral palsy, poliomyelitis, spinal cord injury, amputation, arthritis, cardiac and pulmonary conditions and other conditions or diseases which reduce mobility, including aging;
2) Impairments that require the use of crutches, canes, wheelchairs, braces, walkers, or other ambulatory assistive devices.
3) Total blindness or impairments affecting sight to the extent that the individual functioning in public areas may be insecure or exposed to danger; and
4) Deafness or hearing impairments that may expose an individual to danger or insecurity.
b) an individual who requests the use of the restroom facilities and states that because of a physical infirmity he or she requires immediate access to restroom facilities.
2. Public accommodation or facility means a building, structure, facility, complex, or improved area that is used by the general public and shall include those accommodations and facilities listed in Sections 19955 and 19955.5 of the Health and Safety Code.
C. Nothing in this section requires the making of structural alterations, repairs, remodels, modifications, or additions not otherwise required by applicable local, state and/or federal law.