Public Notice on The Use of “Other Power-Driven Mobility Devices” (OPDMD) on Areas Managed By The Johnson County Conservation Board (JCCB)

Per 28 CFR 35.104 Title II Of The Americans With Disabilities Act (ADA)

Effective March 15, 2011

The new ADA rule requires that wheelchairs are to be allowed wherever pedestrian traffic is permitted. To meet the definition of “wheelchair” the device must be available for both indoor and outdoor use. If the device (e.g., Segway) is not designed primarily for people with disabilities, it is considered an OPDMD.

In the new rule, the Department of Justice (DOJ) listed five (5) factors a public entity is to use in determining whether a particular class of OPDMD may be allowed in a specific location. The DOJ assessment factors:

  1. The type, size, weight, dimensions, and speed of the device;
  2. The volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);
  3. The design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user);
  4. Whether legitimate safety requirements can be established to permit the safe operation of the OPDMD in the specific facility; and
  5. Whether the use of the OPDMD creates a substantial risk of serious harm to the immediate environment, or natural or cultural resources, or poses a conflict with Federal land management laws and regulations.

Based on these factors, JCCB staff has made assessments to address these factors on all JCCB areas. These are included as part of this public notice.

OPDMD use form