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New York Service Dog Laws

New York Service Dog Laws

No Comments January 2, 2016

Definitions

Under Article 7 – Licensing, Identification and Control of Dogs:

  • 108. Definitions

“Service dog” means any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person’s parent, guardian or other legal representative.

McKinney’s Agriculture and Markets Law § 108(22)

  • 123-b. Offenses against service animals and handlers:

“Service animal” shall mean any animal that has been partnered with a person who has a disability and has been trained or is being trained, by a qualified person, to aid or guide a person with a disability.

McKinney’s Agriculture and Markets Law § 123-b

Under Article 4-B – Rights of Persons with a Disability:

The term “guide dog”, “hearing dog” or “service dog” shall mean a dog which is properly harnessed and has been or is being trained by a qualified person, to aid and guide a person with a disability.

McKinney’s Civil Rights Law § 47-b

Under Article 242 – Offenses Against Service Animals and Handlers:

“Service animal” shall mean any animal that has been partnered with a person who has a disability and has been trained or is being trained, by a qualified person, to aid or guide a person with a disability.

McKinney’s Penal Law § 242.00

Accommodation Law

No person shall be denied admittance to and/or the equal use of and enjoyment of any public facility solely because said person is a person with a disability and is accompanied by a guide dog, hearing dog or service dog.

Persons qualified to train dogs to aid and guide persons with a disability, while engaged in such training activities, shall have the same rights and privileges set forth for persons with a disability in this article.

McKinney’s Civil Rights Law § 47-b

All common and contract carriers of passengers by motor vehicle shall permit a guide dog, hearing dog or service dog properly harnessed, accompanying a person with a disability.

McKinney’s Transportation Law § 147

Harassment of/Interference with Service Dogs

Animal interfering with/harming service animal:

It shall be a violation for the owner or custodian of any dog to fail to exercise due diligence in handling his or her dog if the handling results in harm to another dog that is a guide, hearing or service dog.

McKinney’s Agriculture and Markets Law § 118

Any person who owns an animal or possesses control of such animal and who, through any act or omission, recklesslypermits his or her animal to interfere with the proper working of a service animal, exposing the handler and service animal to danger or resulting in injury or death of the service animal shall be subject to a civil penalty not to exceed $1,000 in addition to any other applicable penalties.

If previous incident, guilty of a violation punishable by a fine of not more than $2,000 or by a period of imprisonment not to exceed 15 days, or by both such fine and imprisonment in addition to any other applicable penalties.

Service animal handler also has right to pursue any and all civil remedies available to recover damages for medical and veterinary expenses, rehabilitation or replacement of the service animal, and lost wages, transportation expenses or other expenses directly related to the temporary or permanent loss of the service animal.

McKinney’s Agriculture and Markets Law § 123-b

Person interfering with, harassing, or harming service animal:

A person is guilty of interference, harassment or intimidation of a service animal when he or she commits an act with intent to and which does make it impractical, dangerous or impossible for a service animal to perform its assigned responsibilities of assisting a person with a disability.

Class B misdemeanor

McKinney’s Penal Law § 242.05

Harming a service animal in the second degree:

A person is guilty of harming a service animal in the second degree when, with the intent to do so, he or she causes physical injury, or causes such injury that results in the death, of a service animal.

Class A misdemeanor

McKinney’s Penal Law § 242.10

Harming a service animal in the first degree:

A person is guilty of harming a service animal in the first degree when, he or she commits the crime of harming a service animal in the second degree, and has been convicted of harming a service animal in the first or second degree within the prior 5 years.

Class E felony

McKinney’s Penal Law § 242.15

Driving Law

Every driver of a vehicle approaching an intersection or crosswalk shall yield the right of way to a pedestrian crossing or attempting to cross the roadway when such pedestrian is accompanied by a guide dog.

McKinney’s Vehicle and Traffic Law § 1153

Licensing Law

Municipalities may exempt from their licensing fees any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog. Each copy of any license for such dogs shall be conspicuously marked “Guide Dog”, “Hearing Dog”, “Service Dog”, “Working Search Dog”, “War Dog”, “Detection Dog”, “Police Work Dog”, or “Therapy Dog”, as may be appropriate, by the clerk or authorized dog control officer.

McKinney’s Agriculture and Markets Law § 110

Fraudulent Representation

It shall be a violation for any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag.

McKinney’s Agriculture and Markets Law § 118

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