Nebraska Service Dog Laws

No Comments

Definitions

Service animal shall have the same meaning as in 28 C.F.R. 36.104, as such regulation existed on January 1, 2008.(“Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition . . .”)

Neb. Rev. St. § 49-801

Accommodation Law

A totally or partially blind person, deaf or hard of hearing person, or physically disabled person has the right to be accompanied by a service animal, especially trained for the purpose, and a bona fide trainer of a service animal has the right to be accompanied by such animal in training in any of the places listed.

Neb. Rev. St. § 20-127

Any person or agent of such person who denies or interferes with admittance to or enjoyment of public facilities or otherwise interferes with the rights of a bona fide trainer of a service animal when training such animal is guilty of a Class III misdemeanor.

Neb. Rev. St. § 20-129

Every totally or partially blind person, hearing-impaired person, or physically disabled person who has a service animal or obtains a service animal shall have full and equal access to all housing accommodations with such animal

Neb. Rev. St. § 20-131.04

Harassment of/Interference with Service Dogs

Two types of criminal interference:

Violence on a service animal:

when a person (a)intentionally injures, harasses, or threatens to injure or harass or (b)attempts to intentionallyinjure, harass, or threaten an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hearing-impaired person, or a physically limited person.

Interference with a service animal:

when a person (a)intentionally impedes, interferes, or threatens to impede or interfere or (b)attempts to intentionallyimpede, interfere, or threaten to impede or interfere with an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hearing-impaired person, or a physically limited person.

Violence on a service animal or interference with a service animal is a Class III misdemeanor.

Neb. Rev. St. § 28-1009.01

(a)intentionally injures, harasses, or threatens to injure or harass or (b)attempts to intentionallyinjure, harass, or threaten an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hearing-impaired person, or a physically limited person.

Interference with a service animal:

when a person (a)intentionally impedes, interferes, or threatens to impede or interfere or (b)attempts to intentionallyimpede, interfere, or threaten to impede or interfere with an animal that he or she knows or has reason to believe is a service animal for a blind or visually impaired person, a deaf or hearing-impaired person, or a physically limited person.

Violence on a service animal or interference with a service animal is a Class III misdemeanor.

Neb. Rev. St. § 28-1009.01

Driving Law

A person commits the offense of failing to observe a blind person if when operating a vehicle, he or she fails to give special consideration to the bearer of a white cane or user of guide dog by stopping and remaining while bearer gets a safe distance beyond driving course.

Failure to observe a blind person is a Class III misdemeanor.

Neb. Rev. St. § 28-1314

Licensing Law

Every service animal shall be licensed as required by local ordinances or resolutions, but no license tax shall be charged.

Neb. Rev. St. § 54-603

Fraudulent Representation

A person commits unlawfully using a white cane or guide dog if not blind as defined by law and carries, displays, or otherwise makes use of a white cane or guide dog.
Unlawful use of a white cane or guide dog is a Class III misdemeanor.

Neb. Rev. St. § 28-1313