Definitions, Laws & Policies
ALABAMA
Definition
Under Chapter 7 - Rights of Blind and Otherwise Physically Disabled Persons:
As defined by 28 C.F.R. § 35.104, and further defined as an animal that is trained to do work or perform tasks for an individual with a disability. The work done or tasks performed shall be directly related to the disability of the individual and may include, but are not limited to, all of the following:
Guiding an individual who is visually impaired or blind
Alerting an individual who is deaf or hard of hearing
Pulling a wheelchair
Assisting with mobility or balance
Alerting and protecting an individual who is having a seizure
Retrieving objects
Alerting an individual to the presence of allergens
Providing physical support and assistance with balance and stability to an individual with a mobility disability
Helping an individual with a psychiatric or neurological disability by preventing or interrupting Impulsive or destructive behaviors
Reminding an individual with mental illness to take prescribed medications
Calming an individual with post-traumatic stress disorder during an anxiety attack
And doing other specific work, or performing other special tasks. Ala. Code 1975 § 21-7-1
SDIT Covered?
Yes. The trainer of a service animal, while engaged in the training of the animal, has the same rights and privileges with respect to access to areas of public accommodation and the same liability for damage as is provided for an individual with a disability who is accompanied by a service animal. Ala. Code 1975 § 21-7-4.
Also, a dog that is being trained by a person employed by an accredited school for training guide dogs for the blind shall not be refused in place of public accommodation. Violation is a misdemeanor with a fine not to exceed $50. Ala. Code 1975 § 3-1-7
Accommodation Law
An individual with a disability (defined in Ala. Code 1975 § 21-7-1) has the right to be accompanied by a service animal in all areas of a public accommodation, including a public or private school, that the public or customers are normally permitted to occupy. Ala. Code 1975 § 21-7-4
Service Dog Fraud
A person who knowingly and willfully misrepresents himself or herself, through conduct or verbal or written notice, as using a service animal and being qualified to use a service animal or as a trainer of a service animal is guilty of a Class C misdemeanor, and in addition to any fines and penalties provided by law, shall perform 100 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization, at the discretion of the court, to be completed in not more than six months. A person convicted of a second or subsequent violation of subsection (h) shall be guilty of a Class B misdemeanor and shall be fined one hundred dollars ($100). Ala. Code 1975 § 21-7-4
ALASKA
Definition
Under driver duty law:
"Service animal" means a dog guide or other animal that assists a physically disabled person to function as a pedestrian. A.S. 09.65.150
Under rights interference law:
"Certified service animal" means an animal trained to assist a physically or mentally challenged person and certified by a school or training facility for service animals as having completed such training. A.S. 11.76.130
Under interference with the training of a service animal law:
"In training to be a service animal" means being in the pre-training or training period as required under a program administered through a school, agency, or other training facility for service animals whose goal is to certify the animal as being able to assist physically or mentally challenged persons. A.S. 11.76.133
SDIT Covered?
Yes.
Interference with training of service animal:
A person commits the offense of interference with the training of a service animal if he or she intentionally prevents or restricts a person who is authorized to train a service animal from being accompanied by an animal that is identified as being in training to be a service animal. Interference with the training of a service animal is a violation. A.S. 11.76.133
Accommodation Law
Interference with rights of person using service animal: A person commits the crime of interference with the rights of a physically or mentally challenged person if he or she intentionally prevents or restricts a physically or mentally challenged person from being accompanied or assisted by a certified service animal in a common carrier/place of public accommodation. Interference with the rights of a physically or mentally challenged person is a class B misdemeanor. A.S. 11.76.130
ARIZONA
Definition
Under rights/discrimination law:
“Service animal” means any dog or miniature horse that is individually trained or in training to do work or perform tasks for the benefit of an individual with a disability, including: Physical, Sensory, Psychiatric, Intellectual or other Mental disability.
Service animal does not include other species of animals, whether wild or domestic or trained or untrained. A.R.S. § 11-1024
Under criminal injury to service animal law:
"Service animal" means an animal that has completed a formal training program that assists its owner in one or more daily living tasks that are associated with a productive lifestyle and that is trained to not pose a danger to the health and safety of the general public. A.R.S. § 13-2910
SDIT Covered?
Yes. Any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training it to the same extent as provided in the other listed subsections. A.R.S. § 11-1024
Accommodation Law
Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals if the work or tasks performed by the service animal are directly related to the individual's disability.
Work or tasks include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. Violation is a class 2 misdemeanor. Law has exception for zoos or wild animal parks where service animals may come into direct contact with the animals. A.R.S. § 11-1024
Harassment of/Interference with Service Dogs
Per A.R.S. § 13-2910, a person commits cruelty to animals if the person does any of the following:
Intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner (class 6 felony).
Intentionally or knowingly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal (class 6 felony).
Recklessly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal (class 1 misdemeanor).
Intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal (class 6 felony).
Licensing Law
The board of supervisors of each county may not charge an individual who has a disability and who uses a service animal, a person that trains a service animal, or an individual who uses a search and rescue dog a license fee for that dog.
An applicant for a license for a:
1. Search and rescue dog shall provide adequate proof satisfactory to the county enforcement agent that the dog is a search and rescue dog.
2. Service animal shall sign a written statement that the dog is a service animal as defined. A person who makes a false statement pursuant to this paragraph is guilty of a petty offense and is subject to a fine that does not exceed $50. A.R.S. § 11-1008
Service Dog Fraud
A person may not fraudulently misrepresent an animal as a service animal or service animal in training to a person or entity that operates a public place. A court or duly appointed hearing officer may impose on the person misrepresenting the animal in violation of this subsection a civil penalty of not more than $250 for each violation. A.R.S. § 11-1024
ARKANSAS
Definition
Accommodation law adopts federal definition: "service dog as defined in Titles II and III of the Americans with Disabilities Act of 1990, 42 U.S.C § 12101 et seq., as it existed on January 1, 2017." A.C.A. § 20-14-304
SDIT Covered?
Yes. The individual with visual, hearing, or other physical disabilities, or dog trainer in the act of training a guide, signal, or service dog shall not be required to pay any additional charges for his or her guide, signal, or service dog. A.C.A. § 20-14-308
Accommodation Law
Every individual with visual, hearing, or other disabilities has the right to be accompanied by a service animal especially trained to do work or to perform tasks for the benefit of an individual with a disability in or upon any and all public ways, public places, and other public accommodations and housing accommodations prescribed in § 20-14-303 and to be accompanied by a service dog as defined in Titles II and III of the Americans with Disabilities Act of 1990, 42 U.S.C § 12101 et seq., as it existed on January 1, 2017, and shall not be required to pay any extra fee or charge for the service animal. A.C.A. § 20-14-304
Harassment of/Interference with Service Dogs
Any person who without just cause purposely kills or injures any service animal described in this section or any search and rescue dog is guilty of a Class D felony.
Any person who kills or injures any service animal described in this section or any search and rescue dog shall make restitution to the owner of the animal. A.C.A. § 20-14-304
Service Dog Fraud
An individual shall not misrepresent an animal to be a service animal or service animal-in-training to a person or entity that operates a public accommodation. An individual who violates this section may be subject to a civil penalty not to exceed $250 for each violation. A.C.A. § 20-14-310
CALIFORNIA
Definition
Under public accommodation law:
“Guide dog” means a guide dog that was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336).
“Signal dog” means a dog trained to alert an individual who is deaf or hard of hearing to intruders or sounds.
“Service dog” means a dog individually trained to the requirements of the individual with a disability, including, but not limited to:
Minimal protection work
Rescue work
Pulling a wheelchair
Fetching dropped items
West's Ann. Cal. Civ. Code § 54.1
SDIT Covered?
Yes: Persons licensed to train guide dogs for individuals who are blind or visually impaired pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336),1;
Persons authorized to train signal dogs for individuals who are deaf or hard of hearing; Persons who are authorized to train service dogs for the individuals with a disability; may take dogs, for the purpose of training them as guide dogs, signal dogs, or service dogs in any of the places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog. These persons shall ensure the dog is on a leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk, animal control department, or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Title 14 of the Food and Agricultural Code. West's Ann. Cal. Civ. Code § 54.2
Accommodation Law
Every individual with a disability has the right to be accompanied by a guide dog, signal dog, or service dog, especially trained for the purpose, in any of the places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog. A violation of the right under the Americans with Disabilities Act of 1990 also constitutes a violation of this section, and nothing in this section shall be construed to limit the access of any person in violation of that act. West's Ann. Cal. Civ. Code § 54.2
Anyone who denies or interferes with admittance to or enjoyment of the public facilities or otherwise interferes with the rights of an individual with a disability is liable for each offense for the actual damages up to a maximum of 3 times the amount of actual damages, but in no case less than $1,000, and attorney's fees. "Interfere," for purposes of this section, includes, but is not limited to, preventing or causing the prevention of a guide dog, signal dog, or service dog from carrying out its functions in assisting a disabled person. West's Ann. Cal. Civ. Code § 54.3
Harassment of/Interference with Service Dogs
Any person who, with no legal justification, intentionally interferes with the use of a guide, signal, or service dog or mobility aid by harassing or obstructing the guide, signal, or service dog or mobility aid user or his or her guide, signal, or service dog, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine of not less than $1,500 nor more than $2,500, or both that fine and imprisonment. West's Ann. Cal. Penal Code § 365.6
Allowing dog to injure or kill guide, signal or service dog:
It is a crime for a person to permit a dog that is owned, harbored, or controlled by the person to cause injury to, or the death of, a guide, signal, or service dog. A violation of this section is an infraction punishable by a fine not to exceed $250 if the injury or death to a guide, signal, or service dog is caused by the person's failure to exercise ordinary care in the control of the person's dog. A violation of this section is a misdemeanor if the injury or death to a guide, signal, or service dog is caused by the person's reckless disregard in the exercise of control over the person's dog, under circumstances that constitute such a departure from the conduct of a reasonable person as to be incompatible with a proper regard for the safety and life of a guide, signal, or service dog. A violation of this subdivision is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not less than $2,500 nor more than $5,000, or both that fine and imprisonment. Upon conviction, the defendant shall make restitution, including veterinary bills and replacement costs. West's Ann. Cal. Penal Code § 600.2
Intentional injury to, or death of, guide, signal or service dog
Any person who intentionally A person who intentionally causes injury to, or the death of, a guide, signal, or service dog is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $10,000, or by both that fine and imprisonment. A defendant who is convicted of a violation of this section shall be ordered to make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills, replacement costs of the dog if it is disabled or killed, medical or medical-related expenses of the person with a disability, loss of wages or income of the person with a disability, or other reasonable costs deemed appropriate by the court. The costs ordered pursuant to this subdivision shall be paid prior to any fines. West's Ann. Cal. Penal Code § 600.5
Service Dog Fraud
Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed/qualified/identified as a guide, signal, or service dog shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both fine and imprisonment. Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed/qualified/identified as a guide, signal, or service dog shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both fine and imprisonment. West's Ann. Cal. Penal Code § 365.7
COLORADO
Definition
(6.5) “Service animal” has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq. C.R.S.A. § 24-34-301
SDIT Covered?
Yes. A trainer of a service animal, or an individual with a disability accompanied by an animal that is being trained to be a service animal, has the right to be accompanied by the service animal in training without being required to pay an extra charge for the service animal in training in or on the following places or during the following activities:
(a) Any place of employment, housing, or public accommodation;
(b) Any programs, services, or activities conducted by a public entity;
(c) Any public transportation service; or
(d) Any other place open to the public.
C.R.S.A. § 24-34-803
Accommodation Law
A qualified individual with a disability has the right to be accompanied by a service animal individually trained for that individual without being required to pay an extra charge for the service animal in or on the following places or during the following activities and subject to the conditions and limitations established by law and applicable alike to all individuals:
(a) Any place of employment, housing, or public accommodation;
(b) Any programs, services, or activities conducted by a public entity;
(c) Any public transportation service; or
(d) Any other place open to the public.
C.R.S.A. § 24-34-803
Violation is a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. C.R.S.A. § 24-34-804
Harassment of/Interference with Service Dogs
It is unlawful for any person, firm, corporation, or agent of any person, firm, or corporation to interfere with, injure, or harm, or cause another dog to interfere with, injure, or harm, a service animal. Violation is a class 3 misdemeanor. A person who willfully or wantonly causes harm to a service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages. The legal owner of an animal that is willfully or wantonly allowed to cause harm to a service animal or a service animal in training is liable to the legal owner of the service animal or service animal in training for treble the amount of actual damages. In any action commenced under this subsection, a court may award costs and reasonable attorney fees. C.R.S.A. § 24-34-804
Licensing Law
Person with disability is exempt from any state or local licensing fees or charges in connection with owning a service animal. C.R.S.A. § 24-34-803
Service Dog Fraud
A person commits intentional misrepresentation of a service animal if:
(a) The person intentionally misrepresents an animal in his or her possession as his or her service animal or service-animal-in-training for the purpose of obtaining any of the rights or privileges set forth in section 24-34-803, C.R.S.;
(b) The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent a service animal;
(c) The person knows that the animal in question is not a service animal or service-animal-in-training.
Upon conviction, penalties are as follow: For a first offense, a fine of $25; For a second offense, a fine of not less than $50 but not more than $200; and For a third or subsequent offense, a fine of not less than $100 but not more than $500. C.R.S.A. § 18-13-107.7
CONNECTICUT
Definition
No definition for service animal. "Guide dog" or "assistance dog" includes a dog being trained as a guide dog or assistance dog and "person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person" means a person who is employed by and authorized to engage in designated training activities by a guide dog organization or assistance dog organization that complies with the criteria as described. C.G.S.A. § 46a-44.
SDIT Covered?
Yes. It shall be a discriminatory practice for a place of public accommodation, resort or amusement to deny any person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person, accompanied by his guide dog or assistance dog, full and equal access to any place of public accommodation, resort or amusement. C.G.S.A. § 46a-64
Accommodation Law
Any blind, deaf or mobility impaired person or any person training a dog as a guide dog may travel on a train or on any other mode of public transportation, and may enter any other place of public accommodation accompanied by his guide dog or assistance dog, provided such dog shall be in the direct custody of such person and shall be wearing a harness or an orange-colored leash and collar. C.G.S.A. § 46a-44
It shall be a discriminatory practice in violation of this section to deny any blind, deaf or mobility impaired person, or any person training a dog as a guide dog, who is accompanied by his guide dog or assistance dog wearing a harness or an orange-colored leash and collar, full and equal access to any place of public accommodation, resort or amusement. Violation is a class D misdemeanor. C.G.S.A. § 46a-64
Harassment of/Interference with Service Dogs
Any person who intentionally interferes with a blind, deaf or mobility impaired person's use of a guide dog or an assistance dog, including, but not limited to, any action intended to harass or annoy the blind, deaf or mobility impaired person, the person training a dog as a guide dog or assistance dog or the guide dog or assistance dog, shall be guilty of a class C misdemeanor, provided the person complies with the applicable provisions of this section. C.G.S.A. § 46a-64
The owner or keeper of a dog shall restrain and control such dog on a leash when such dog is not on the property of its owner or keeper and is in proximity to a blind, deaf or mobility impaired person accompanied by his guide dog, provided the guide dog is in the direct custody of such person, is wearing a harness or an orange-colored leash and collar which makes it readily-identifiable as a guide dog and is licensed in accordance with section 22-345. Violation is an infraction. If such dog attacks and injures the guide dog, such owner or keeper shall be liable, as provided in section 22-357, for any damage done to such guide dog, and such liability shall include liability for any costs incurred by such blind, deaf or mobility-impaired person for the veterinary care, rehabilitation or replacement of the injured guide dog and for reasonable attorney's fees. C.G.S.A. § 22-364b
Licensing Law
Any blind, deaf or mobility impaired person who is the owner or keeper of a dog which has been trained and educated to guide and assist such person in traveling upon the public streets or highways or otherwise shall receive a license and tag for such dog from the town clerk of the town where such dog is owned or kept at no fee. C.G.S.A. § 22-345
DELAWARE
Definition
Under Chapter 30F, Animal Welfare:
“Service dog” means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. 16 Del. C. § 3056F
Under Chapter 45 on Equal Accommodations:
“Service animal” means a dog individually trained to do work or perform tasks for the benefit of a person with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. 6 Del. C. § 4502
SDIT Covered?
Yes. A place of public accommodation must permit an individual training a service animal to be used by persons with disabilities accompanied by a service animal in any place of public accommodation. 6 Del. C. § 4504.
Accommodation Law
Under chapter on Commission for the Blind: Any person who by reason of loss or impairment of eyesight or hearing is accompanied a “seeing eye dog,” is entitled to the full and equal accommodations and shall be entitled to take the dog into such conveyances and places. Deprivation of this right results in a fine of not more than $100 or be imprisoned for a period not exceeding 3 months, or both. 31 Del. C. § 2117
Under chapter on Equal Accommodations: A place of public accommodation must permit service animals as follows:
a. An individual with a disability accompanied by a service animal in any place of public accommodation.
b. An individual training a service animal to be used by persons with disabilities accompanied by a service animal in any place of public accommodation.
6 Del. C. § 4504.
Section 4508 details the procedure for a complaint by an aggrieved person.
Harassment of/Interference with Service Dogs
No person shall intentionally interfere with the use of a service dog by obstructing, intimidating, or otherwise jeopardizing the safety of the user or animal. Whoever violates this subsection shall be guilty of a class B misdemeanor. No person shall intentionally injure or disable a service dog that is being used by its owner or the officer teamed with the dog. Whoever violates this subsection shall be guilty of a class A misdemeanor. No person shall intentionally kill a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class D felony. No person shall intentionally steal, take, or wrongfully obtain a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class E felony. 16 Del. C. § 3056F
Licensing Law
The license fee set by the Department shall not be required to be paid when the dog is one which qualifies as a seeing eye, lead, or guide dog or as a dog which has previously served in a branch of the United States armed forces. The Department shall issue either a metal license tag or an alternative method for identification for such dogs without the necessity of the payment of the dog license fee. 16 Del. C. § 3042F