Defined under Chapter 5B – Rights and Privileges of a Person with a Disability:
“Service animal” includes any dog that:
“Service animal” does not include:
A person with a disability has the right to be accompanied by a service animal, unless the service animal is a danger or nuisance to others as interpreted under the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
An owner or lessor of private housing accommodations may not, in any manner, discriminate against a person with a disability on the basis of the person’s possession of a service animal.
A person who is not a person with a disability has the right to be accompanied by an animal that is in training to become a service animal or a police service canine.
Any person, or agent of any person, who denies or interferes with the rights provided in this chapter is guilty of a class C misdemeanor.
Substantial bodily injury or death to service animal:
It is a class A misdemeanor for a person to knowingly, intentionally, or recklesslycause substantial bodily injury or death to a service animal.
It is a class A misdemeanor for a person who owns, keeps, harbors, or exercises control over an animal to knowingly, intentionally, or recklesslyfail to exercise sufficient control over the animal to prevent it from causing:
Harassing a service animal:
It is a class B misdemeanor for a person to chase or harass a service animal.
It is a class B misdemeanor for a person who owns, keeps, harbors, or exercises control over an animal to knowingly, intentionally, or recklesslyfail to exercise sufficient control over the animal to prevent it from chasing or harassing a service animal while it is carrying out its functions as a service animal, to the extent that the animal temporarily interferes with the service animal’s ability to carry out its functions.
In addition to any other penalty, a person convicted of any violation of this section is liable for restitution to the owner of the service animal or the person with a disability whom the service animal serves for the replacement, training, and veterinary costs incurred as a result of the violation of this section.
Theft/loss of service animal:
A person with a disability who uses a service animal, or the owner of a service animal has a cause of action for economic and noneconomic damages against:
Right to kill dog attacking service animal:
Notably, another section provides that any person may injure or kill a dog while the dog is attacking, chasing, or worrying a service animal, as defined in Section 62A-5b-10.
The operator of a vehicle shall yield the right-of-way to a blind or visually impaired pedestrian accompanied by a guide dog specially trained for that purpose and equipped with a harness.
A person who fails to yield the right-of-way is liable for any loss or damage which results as a proximate cause of the failure to yield the right-of-way to blind or visually impaired persons.
A person is guilty of a class B misdemeanor if:
(a) the person intentionally and knowingly falsely represents to another person that an animal is a service animal as defined in Section 62A-5b-102; or
(b) the person knowingly and intentionally misrepresents a material fact to a health care provider for the purpose of obtaining documentation from the health care provider necessary to designate an animal as a service animal as defined in Section 62A-5b-102.
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