Definitions, Laws & Policies

Definition

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  

SDIT Covered? 

Yes. 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 in subsection (2) of this section without being required to pay an extra charge for the service animal.  

Neb. Rev. St. § 20-127  

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  

Harassment of/Interference with Service Dogs 

Two types of criminal interference:  

1. Violence on a service animal:  when a person (a) intentionally injures, harasses, or threatens to injure or harass or (b) attempts to intentionally injure, 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.  

2. Interference with a service animal:  when a person (a) intentionally impedes, interferes, or threatens to impede or interfere or (b) attempts to intentionally impede, 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  

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  

Service Dog Fraud 

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 

Definition

“Service animal” has the meaning ascribed to it in 28 C.F.R. § 36.104 and includes a miniature horse that has been trained to do work or perform tasks for the benefit of a person with a disability.  N.R.S. 426.097 

“Service animal in training” means a dog or a miniature horse that is being trained as a service animal.  N.R.S. 426.099  

SDIT Covered? 

Yes. It is unlawful for a place of public accommodation to:  Refuse admittance or service to a person who is training a service animal because the person is accompanied by a service animal in training. Refuse to permit an employee of the place of public accommodation who is training a service animal to bring the service animal in training into: 

(1) The place of public accommodation; or  

(2) Any area within the place of public accommodation to which employees of the place of public accommodation have access, regardless of whether the area is open to the public.  

N.R.S. 651.075  

Accommodation Law 

It is unlawful for a place of public accommodation to refuse admittance or service to a person with a disability because the person is accompanied by a service animal.  A place of public accommodation may ask a person accompanied by an animal:  

(1) If the animal is a service animal or service animal in training; and  

(2) What tasks the animal is trained to perform or is being trained to perform.  

N.R.S. 651.075  

Harassment of/Interference with Service Dogs A person shall not:  

1. Without legal justification, interfere with, or allow a dog or other animal he or she owns, harbors or controls to interfere with, the use of a service animal or service animal in training by obstructing, intimidating or otherwise jeopardizing the safety of the service animal or service animal in training or the person using the service animal or service animal in training (gross misdemeanor).  

2. Willfully and maliciously beat a service animal or service animal in training (category E felony).  3. Willfully and maliciously kill a service animal or service animal in training (category D felony).  Also owes restitution that must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.  

N.R.S. 426.790  

Service Dog Fraud 

Any person other than a person who is blind, deaf, or a person with a physical disability who uses a service animal is guilty of a misdemeanor.  N.R.S. 426.510  

Also, it is unlawful for a person to fraudulently misrepresent an animal as a service animal or service animal in training. Person is guilty of a misdemeanor and shall be punished by a fine of not more than $500.  N.R.S. 426.805 

Definition

“Service animal” means any dog 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 purposes of this definition.  

“Service animal trainer” means any person who is employed to train dogs for or is volunteering to raise dogs for a provider of service animals for persons with disabilities or an individual trainer who helps a person with disabilities to train his or her own service animal or an individual trainer who tests an animal to verify its eligibility for the New Hampshire service animal tag. N.H. Rev. Stat. § 167-D:1  

SDIT Covered? 

Yes. A service animal trainer, while engaged in the actual training process, shall have the same rights and privileges with respect to access to public facilities, and the same responsibilities as are applicable to persons with disabilities using a service animal.  N.H. Rev. Stat. § 167-D:6  

Accommodation Law 

It is lawful for any service animal to accompany his or her handler or trainer into any public facility, housing accommodation, or place of public accommodation to which the general public is invited.  N.H. Rev. Stat. § 167-D:4  

It is unlawful for a person, directly or indirectly, either to prohibit, hinder, or interfere with a service animal's handler or trainer who otherwise complies with the limitations applicable to persons without disabilities.  N.H. Rev. Stat. § 167-D:8  

Any person violating any provision of this chapter shall be guilty of a misdemeanor.  N.H. Rev. Stat. § 167-D:10  

Harassment of/Interference with Service Dogs 

It is unlawful for a person, directly or indirectly, either to prohibit, hinder, or interfere with a service animal's handler or trainer who otherwise complies with the limitations applicable to persons without disabilities.  It is unlawful for any person to willfully interfere or attempt to interfere with a service animal.  N.H. Rev. Stat. § 167-D:8  

It is a misdemeanor if a person willfully causes physical injury to a service animal or willfully allows his or her animal to cause physical injury to a service animal. If the physical injury to a service animal is severe enough that a veterinarian or service animal trainer determines that the service animal is incapable of returning to service, that person shall be guilty of a class A misdemeanor.  In any case where a person is convicted of harming a service animal as described in paragraph II, he or she may be ordered by the court to make restitution to the person or agency owning the animal for any bills for veterinary care, the replacement cost of the animal if it is incapable of returning to service, and the salary of the service animal handler or trainer for the period of time his or her services are lost to the agency or self-employment.  N.H. Rev. Stat. § 167-D:10 

Licensing Law     

No fee shall be required for the registration and licensing of a dog which has served with the armed forces of the United States and has received an honorable discharge therefrom.  No fee shall be required for the registration and licensing of a service animal dog as defined in RSA 167-D:1, IV.  N.H. Rev. Stat. § 466:8  

Service Dog Fraud 

It is unlawful for any person to fit an animal with a collar, leash, vest, sign, or harness of the type which represents that the animal is a service animal, or service animal tag issued under RSA 466:8 or to request a service animal tag issued under RSA 466:8 if in fact said animal is not a service animal.  It is unlawful for any person to represent that such person has a disability or is a service animal trainer for the purpose of acquiring a service animal unless said person has a disability or is a service animal trainer and to impersonate, by word or action, a person with a disability for the purpose of receiving service dog accommodations or service animal accessories such as a collar, leash, vest, sign, harness, or service animal tag, which represents that the animal is a service animal or to acquire a service animal tag issued under RSA 466:8.  N.H. Rev. Stat. § 167-D:8  Any person violating any provision of this chapter shall be guilty of a misdemeanor.  N.H. Rev. Stat. § 167-D:10 

Definition

Under Civil Rights law:  

“Guide dog” means a dog used to assist persons who are deaf, or which is fitted with a special harness so as to be suitable as an aid to the mobility of a person who is blind, and is used by a person who is blind and has satisfactorily completed a specific course of training in the use of such a dog, and has been trained by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities, including, but not limited to, those persons who are blind or deaf, as reputable and competent to provide dogs with training of this type.  t. “Guide or service dog trainer” means any person who is employed by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities, including, but not limited to, those persons who are blind, have visual impairments, or are deaf or have hearing impairments, as reputable and competent to provide dogs with training, as defined in this section, and who is actually involved in the training process. 

 “Service dog” means any dog individually trained to the requirements of a person with a disability including, but not limited to minimal protection work, rescue work, pulling a wheelchair or retrieving dropped items. This term shall include a “seizure dog” trained to alert or otherwise assist persons with epilepsy or other seizure disorders.  N.J.S.A. 10:5-5  

Dusty's Law definitions  

“Guide dog” shall mean a dog which has been or is being raised or trained to provide assistance to a blind or deaf person, including but not limited to a dog that has been or is being raised or trained by a volunteer puppy raiser or staff member of an organization generally recognized as being involved in the rehabilitation of the blind or deaf and reputable and competent to provide dogs with specialized training.  “Service animal” shall have the same meaning as set forth in the federal “Americans with Disabilities Act of 1990” (42 U.S.C. s.12101 et seq.) and any regulations under the act.  N.J.S.A. 2C:29-3.2  

SDIT Covered? 

Yes. A service or guide dog trainer, while engaged in the actual training process and activities of service dogs or guide dogs, shall have the same rights and privileges with respect to access to public facilities, and the same responsibilities as are applicable to a person with a disability.  N.J.S.A. 10:5-29.3  

Accommodation Law 

Any person with a disability accompanied by a service or guide dog trained by a recognized training agency or school is entitled, with his dog, to the full and equal enjoyment, advantages, facilities and privileges of all public facilities.  N.J.S.A. 10:5-29  

Any person who intentionally interferes with the rights of a person with a disability, who is accompanied by a guide or service dog, or the function or the ability to function of a guide or service dog, shall be fined not less than $100 and not more than $500.  N.J.S.A. 10:5-29.5  

Harassment of/Interference with Service Dogs Under Civil Rights laws:  

Any person who intentionally interferes with the rights of a person with a disability, who is accompanied by a guide or service dog, or the function or the ability to function of a guide or service dog, shall be fined not less than $100 and not more than $500.  N.J.S.A. 10:5-29.5  

Under "Dusty's Law":  

Any person who recklessly kills a service animal or guide dog, or who recklessly permits a dog that the person owns or over which the person has immediate control, to injure or kill a service animal or guide dog, is guilty of a crime of the fourth degree.  Any person who recklessly injures a service animal or guide dog, or recklessly permits a dog that the person owns or over which the person has immediate control, to injure a service animal or guide dog, is guilty of a disorderly person’s offense.  Any person who recklessly interferes with the use of a service animal or guide dog, or who recklessly permits a dog that the person owns or over which that person has immediate control, to interfere with a service animal or guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of that service animal or guide dog or its handler, is guilty of a petty disorderly persons offense.  N.J.S.A. 2C:29-3.2  

Licensing Law     

Dogs used as Dogs used as guide dogs or service dogs shall be licensed and registered as other dogs hereinabove provided for, except that the owner or keeper of a guide dog or service dog shall not be required to pay any fee therefor. A dog temporarily placed in a foster home as part of a formalized training to be a guide dog or service dog shall not be required to be licensed and registered while the dog remains in the foster home for such training.  N.J.S.A. 4:19-15.3  

Service Dog Fraud  

Any person who fits a dog with a harness of the type commonly used by blind persons to represent that such dog is a guide dog when not trained as a guide dog shall be fined not less than $100 and not more than $500.  N.J.S.A. 10:5-29.5 

Definition

As used in the Service Animal Act:  

A. “emotional support animal”, “comfort animal” or “therapy animal” means an animal selected to accompany an individual with a disability that does not work or perform tasks for the benefit of an individual with a disability and does not accompany at all times an individual with a disability;  

B. “qualified service animal” means any qualified service dog or qualified service miniature horse that has been or is being trained to provide assistance to an individual with a disability; but “qualified service animal” does not include a pet, an emotional support animal, a comfort animal or a therapy animal;  

C. “qualified service dog” means a dog that has been trained or is being trained to work or perform tasks for the benefit of an individual with a disability who has a physical or mental impairment that substantially limits one or more major life activities; and  

D. “qualified service miniature horse” means a miniature horse that has been trained or is being trained to work or perform tasks for the benefit of an individual with a disability who has a physical or mental impairment that substantially limits one or more major life activities.  N.M.S.A. 1978, § 28-11-2   

SDIT Covered? 

Yes. A person with a disability who is using a qualified service animal shall be admitted to any building open to the public and to all other public accommodations and shall be allowed access to all common carriers; provided that the qualified service animal is under the control of an owner, a trainer or a handler of the qualified service animal.   N.M.S.A. 1978, § 28-11-3  

“Qualified service animal” means any qualified service dog or qualified service miniature horse that has been or is being trained to provide assistance to an individual with a disability . . . N.M.S.A. 1978, § 28-11-2   

Accommodation Law 

Under Service Animal Act:  

A person with a disability who is using a qualified service animal shall be admitted to any building open to the public and to all other public accommodations and shall be allowed access to all common carriers.  N.M.S.A. 1978, § 28-11-3  

A person who violates a provision of the Service Animal Act shall be guilty of a misdemeanor. N.M.S.A. 1978, § 28-11-4  

Also under Human Rights laws:  

Every totally or partially blind person shall have the right to be accompanied by a guide dog, specially trained for the purpose, in any of the places listed in this section without being required to pay an extra charge for the guide dog.  N.M.S.A. 1978, § 28-7-3   

Harassment of/Interference with Service Dogs 

It is unlawful for any person, with no legal justification, to:  

(1) intentionally interfere with the use of a qualified service animal by harassing or obstructing the owner or trainer of the qualified service animal or the qualified service animal; or  

(2) intentionally fail or refuse to control the person's unrestrained animal, which animal interferes with or obstructs the owner, trainer or handler of the qualified service animal.  A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished pursuant to Section 31-19-1 NMSA 1978. A person convicted under this section may be ordered to pay restitution, including, but not limited to, actual damages. N.M.S.A. 1978, § 28-11-5   

Licensing Law     

No license fee shall be charged for the licensure of qualified service animals who are trained to lead partially or totally blind persons, aid hearing impaired persons or assist mobility impaired persons.  N.M.S.A. 1978, § 77-1-15.1   

Service Dog Fraud 

A person shall not knowingly present as a qualified service animal any animal that does not meet a definition of “qualified service animal” pursuant to Section 28-11-2 NMSA 1978.  Violation is a misdemeanor.  N.M.S.A. 1978, § 28-11-6 

Definition

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.  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  

SDIT Covered? 

Yes. 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  

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.  McKinney's Civil Rights Law § 47-b  

Any person or legal entity, public or private, violating any provision of this article shall be guilty of a violation.  McKinney's Civil Rights Law § 47c  

Harassment of/Interference with Service Dogs 

Animal interfering with/harming service animal:  

It shall be a violation, punishable as provided in subdivision two of this section, 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, recklessly permits 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  

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  

Service Dog Fraud 

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 

Definition

Under "Assaulting a law enforcement agency animal or an assistance animal":  

Assistance animal: an animal that is trained and may be used to assist a “person with a disability” as defined in G.S. 168A-3. The term “assistance animal” is not limited to a dog and includes any animal trained to assist a person with a disability as provided in Article 1 of Chapter 168 of the General Statutes.  N.C.G.S.A. § 14-163.1  

The term "service animal" is used in "Article 1 - Rights" law, but not defined.  

SDIT Covered? 

Yes. An animal in training to become a service animal may be taken into any of the places listed in G.S. 168-3 for the purpose of training when the animal is accompanied by a person who is training the service animal and the animal wears a collar and leash, harness, or cape that identifies the animal as a service animal in training.  N.C.G.S.A. § 168-4.2  

Accommodation Law 

Every person with a disability has the right to be accompanied by a service animal trained to assist the person with his or her specific disability in any of the places listed in G.S. 168-3 and has the right to keep the service animal on any premises the person leases, rents, or uses.  The person qualifies for these rights upon the showing of a tag, issued by the Department of Health and Human Services, under G.S. 168-4.3, stamped “NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION” and stamped with a registration number, or upon a showing that the animal is being trained or has been trained as a service animal. The service animal may accompany a person in any of the places listed in G.S. 168-3.  N.C.G.S.A. § 168-4.2  

Harassment of/Interference with Service Dogs 

Killing of assistance animal:  

Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully kills the animal is guilty of a Class H felony.  

Serious harm to assistance animal:  

Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully causes or attempts to cause serious harm to the animal is guilty of a Class I felony.  

Harm or attempt at harm to assistance animal:  

Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully causes or attempts to cause harm to the animal is guilty of a Class 1 misdemeanor.  

Willful interference or attempt:  

Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully taunts, teases, harasses, delays, obstructs, or attempts to delay or obstruct the animal in the performance of its duty as a law enforcement agency animal, an assistance animal, or a search and rescue animal is guilty of a Class 2 misdemeanor.  

Defendant convicted of violating this section also owes restitution including:  

Veterinary, medical care, and boarding expenses Medical expenses for the person with the disability relating to the harm inflicted upon the assistance animal Replacement and training or retraining Expenses incurred to provide temporary mobility services to the person with a disability Wages or income lost while assistance animal receiving training or retraining N.C.G.S.A. § 14-163.1  

Service Dog Fraud 

It is unlawful to disguise an animal as a service animal or service animal in training.  Violation of this section shall be a Class 3 misdemeanor.  N.C.G.S.A. § 168-4.5 

Definition

“Service animal” means any guide dog, signal dog, or other animal trained to do work, perform tasks, or provide assistance for the benefit of an individual with a disability. The term includes an animal trained to provide assistance or protection services to an individual with a disability, pull a wheelchair, lend balance support, retrieve dropped objects, or provide assistance in a medical crisis.  N.D.C.C. § 25-13-01.1  

SDIT Covered? 

Yes. A trainer with a service animal in training may enter any place of public accommodation, common carrier, facility of a health care provider, and any place to which the public is generally invited, without being required to pay an extra charge for the service animal in training, provided:  

a. The trainer notifies an onsite manager that a service animal in training is being brought onto the premises;  

b. The trainer wears a photo identification card issued by a nationally recognized service animal training program; and  

c. The trainer is liable for any damage done to the premises or facility by the service animal in training.  

N.D.C.C. § 25-13-02.1  

Accommodation Law 

An individual with a disability is entitled to be accompanied by a service animal in places of public accommodations, common carriers, facilities of a health care provider, and all places to which the public is generally invited, without being required to pay an extra charge for the animal; provided, that the individual is liable for any damage done to the premises or facility by the animal.  N.D.C.C. § 25-13-02  

Class A misdemeanor to deny admittance or interfere with rights (except for trainer of service animal).  N.D.C.C. § 25-13-04  

Harassment of/Interference with Service Dogs 

Class C felony and subject to a civil penalty of up to $10,000 if a person willfully and unjustifiably kills, shoots, tortures, torments, beats, kicks, strikes, mutilates, disables, or otherwise injures a service animal.   Class A misdemeanor and subject to a civil penalty of up to $5,000 if a person willfully:  a. Harasses, taunts, or provokes a service animal; or b. Interferes with a service animal while the animal is working.  N.D.C.C. § 25-13-06  

Service Dog Fraud 

An individual is guilty of an infraction if the individual, in an attempt to gain admission to a public place under this chapter or obtain a reasonable housing accommodation under section 47-16-07.5, knowingly makes a false claim that a pet is a service animal.  N.D.C.C. § 25-13-02.2