Definitions, Laws & Policies

Definition

Defined under Chapter 5B - Rights and Privileges of a Person with a Disability:  

“Service animal” includes any dog that:  is trained, or is in training, 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 performs work or tasks, or is in training to perform work or tasks, which are directly related to the individual's disability, including assisting an individual who is blind or has low vision with navigation or other tasks alerting an individual who is deaf or hard of hearing to the presence of people or sounds providing non-violent protection or rescue work pulling a wheelchair assisting an individual during a seizure alerting an individual to the presence of an allergen retrieving an item for the individual 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 

“Service animal” does not include:  an animal other than a dog, whether wild or domestic, trained or untrained an animal used solely to provide: a crime deterrent emotional support well-being comfort companionship U.C.A. 1953 § 62A-5b-102   

SDIT Covered? 

Yes. 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.  U.C.A. 1953 § 62A-5b-104  

Accommodation Law 

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.  A person accompanied by a service animal is encouraged to identify the animal by exhibiting one or more of the following:  

(a) the animal's laminated identification card;  

(b) the animal's service vest; or  (

c) another form of identification.  

U.C.A. 1953 § 62A-5b-104  

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.  

U.C.A. 1953 § 62A-5b-106  

Harassment of/Interference with Service Dogs 

Substantial bodily injury or death to service animal:  It is a class A misdemeanor for a person to knowingly, intentionally, or recklessly cause 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 recklessly fail to exercise sufficient control over the animal to prevent it from causing:  any substantial bodily injury or the death of a service animal; or the service animal's subsequent inability to function as a service animal as a result of the animal's attacking, chasing, or harassing the service animal. U.C.A. 1953 § 76-9-307  

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 recklessly fail 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.  U.C.A. 1953 § 76-9-307  

Restitution  

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.  U.C.A. 1953 § 76-9-307  

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:  any person who steals or, without provocation, attacks the service animal; and the owner or keeper of any animal that without provocation attacks a service animal due to the owner's or keeper's negligent failure to exercise sufficient control over the animal to prevent the attack. U.C.A. 1953 § 78B-3-702  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.  U.C.A. 1953 § 18-1-3  

Definition

Under Subchapter 1, Cruelty to Animals:  

“Guide dog” means a dog, whose status is reasonably identifiable individually trained to do work or perform tasks for the benefit of an individual with a disability for purposes of guiding an individual with impaired vision, alerting an individual with impaired hearing to the presence of people or sounds, assisting an individual during a seizure, pulling a wheelchair, retrieving items, providing physical support and assistance with balance and stability, and assisting with navigation.  13 V.S.A. § 355  

SDIT Covered? 

Yes. An owner or operator of a place of public accommodation or his or her employee or agent shall not prohibit from entering a place of public accommodation:  

(1) an individual with a disability accompanied by a service animal; or  

(2) an individual who is training an animal to perform as a service animal for an individual with a disability.  

9 V.S.A. § 4502  

Accommodation Law Public accommodations law:  

An owner or operator of a place of public accommodation or his or her employee or agent shall not prohibit from entering a place of public accommodation:  An individual with a disability accompanied by a service animal An individual who is training an animal to perform as a service animal for an individual with a disability 9 V.S.A. § 4502  

Civil action: 

A person aggrieved by a violation of this chapter may file a charge of discrimination with the human rights commission or may bring an action for injunctive relief and compensatory and punitive damages and any other appropriate relief.  9 V.S.A. § 4506  

Criminal penalty:  

A person who violates a provision of this chapter shall be fined not more than $1,000.00.  9 V.S.A. § 4507   

Harassment of/Interference with Service Dogs 

Cause death to or injure guide dog:  

No person shall recklessly injure or cause the death of a guide dog, or recklessly permit a dog he or she owns or has custody of to injure or cause the death of a guide dog. A person who violates this subsection shall be imprisoned not more than two years or fined not more than $3,000.00, or both.  Interference with guide dog by other dog after notice:  No person who has received notice or has knowledge that his or her behavior, or the behavior of a dog he or she owns or has custody of; is interfering with the use of a guide dog shall recklessly continue to interfere with the use of a guide dog, or recklessly allow the dog he or she owns or has custody of to continue to interfere with the use of a guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog user or his or her guide dog. A person who violates this subsection shall be imprisoned not more than one year or fined not more than $1,000.00, or both.  Interference with guide dog:  No person shall recklessly interfere with the use of a guide dog, or recklessly permit a dog he or she owns or has custody of to interfere with a guide dog, by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog user or his or her guide dog. A person who violates this subsection commits a civil offense and shall be:  

(1) for a first offense, fined not more than $100.00.  

(2) for a second or subsequent offense, fined not more than $250.00.  

13 V.S.A. § 355 

Definition

Guide or leader dog” means a dog that:  serves as a dog guide for a blind person as defined serves as a listener for a deaf or hard-of-hearing person as defined provides support or assistance for a physically disabled or handicapped person Va. Code Ann. § 3.2-6588  

Under Chapter 9 - Rights of Persons with Disabilities:  

“Hearing dog” means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond.  

“Service dog” means a dog trained to do work or perform tasks for the benefit of a mobility-impaired or otherwise disabled person. The work or tasks performed by a service dog shall be directly related to the individual's disability or disorder. Examples of work or tasks include:

Providing nonviolent protection

Rescue work

Pulling a wheelchair

Assisting an individual during a seizure 

Alerting an individual to the presence of allergens

Retrieving items 

Carrying items 

Providing physical support and assistance with balance and stability 

Preventing or interrupting impulsive or destructive behaviors

The provision of emotional support, well-being, comfort, or companionship shall not constitute work or tasks for the purposes of this definition.  “Three-unit service dog team” means a team consisting of a trained service dog, a disabled person, and a person who is an adult and who has been trained to handle the service dog.  

Va. Code Ann. § 51.5-40.1  

SDIT Covered? 

Yes. The provisions of this section shall apply to persons accompanied by a dog that is in training, at least six months of age, and is 

(i) in harness, provided such person is an experienced trainer of guide dogs or is conducting continuing training of a guide dog; 

(ii) on a blaze orange leash, provided such person is an experienced trainer of hearing dogs or is conducting continuing training of a hearing dog; 

(iii) in a harness, backpack, or vest identifying the dog as a trained service dog, provided such person is an experienced trainer of service dogs or is conducting continuing training of a service dog; 

(iv) wearing a jacket identifying the recognized guide, hearing or service dog organization, provided such person is an experienced trainer of the organization identified on the jacket; or (v) the person is part of a three-unit service dog team and is conducting continuing training of a service dog.  

Va. Code Ann. § 51.5-44  

Accommodation Law 

Every totally or partially blind person shall have the right to be accompanied by a dog, in harness, trained as a guide dog, every deaf or hearing-impaired person shall have the right to be accompanied by a dog trained as a hearing dog on a blaze orange leash, and every mobility-impaired or otherwise disabled person shall have the right to be accompanied by a dog, trained as a service dog, in a harness, backpack, or vest identifying the dog as a trained service dog, in any of the places listed in the law.  Va. Code Ann. § 51.5-44  

Any circuit court having jurisdiction and venue on the petition of any person with a disability, shall have the right to enjoin the abridgement of rights set forth in this chapter and to order such affirmative equitable relief as is appropriate and to award compensatory damages and to award to a prevailing party reasonable attorneys’ fee.  Va. Code Ann. § 51.5-46  

Harassment of/Interference with Service Dogs

Class 3 misdemeanor to, without just cause, willfully impede or interfere with the duties performed by a dog if the person knows or has reason to believe the dog is a guide or leader dog.  Class 1 misdemeanor to, without just cause, willfully injure a dog if the person knows or has reason to believe the dog is a guide or leader dog.  Va. Code Ann. § 3.2-6588  

Licensing Law     

No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person, which is trained and serves as a hearing dog for a deaf or hearing-impaired person, or that is trained and serves as a service dog for a mobility-impaired or otherwise disabled person.  As used in this section, “hearing dog,” “mobility-impaired person,” “otherwise disabled person,” and “service dog” have the same meanings as assigned in § 51.5-40.1.  Va. Code Ann. § 3.2-6528  

Service Dog Fraud 

Any person who knowingly and willfully fits a dog with a harness, collar, vest, or sign, or uses an identification card commonly used by a person with a disability, in order to represent that the dog is a service dog or hearing dog to fraudulently gain public access for such dog pursuant to provisions in § 51.5-44 is guilty of a Class 4 misdemeanor.  Va. Code Ann. § 51.5-44.1  

Definition

Under interfering with dog guide or service animal law:  

"Dog guide” means a dog that is trained or in training for the purpose of guiding blind persons or a dog trained or in training for the purpose of assisting hearing impaired persons.  

“Service animal” means an animal that is trained or in training for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.  West's R.C.W.A. 9.91.170  

Under discrimination law:  

“Dog guide” means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons.  “Service animal” means any dog or miniature horse, as discussed in R.C.W. 49.60.214, 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. The work or tasks performed by the service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, 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 persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks. This subsection does not apply to R.C.W. 49.60.222 through 49.60.227 with respect to housing accommodations or real estate transactions.  West's R.C.W.A. 49.60.040  

Under "White Cane Law":  

For the purpose of this chapter, "service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.  West's R.C.W.A. 70.84.020  

For the purpose of this chapter, "service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.  West's R.C.W.A. 70.84.021  

Accommodation Law 

The right to be free from discrimination because of the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right.  Any person injured by any act in violation shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages or any other appropriate remedy authorized.  West's R.C.W.A. 49.60.030  

Harassment of/Interference with Service Dogs 

Interference with service animal:  

Misdemeanor to continue, after notice, with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal.  Second or subsequent violation of this subsection is a gross misdemeanor.  Also applies where person allows his or her dog to interfere with the use of a dog guide or service animal.  Reckless injury to service animal:  Any person who, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal, or allows his or her dog to do so, is guilty of a gross misdemeanor.  Intentional injury or death to service animal:  Any person who intentionally injures, disables, or causes the death of a dog guide or service animal is guilty of a class C felony.  Unauthorized control over service animal:  Any person who wrongfully obtains or exerts unauthorized control over a dog guide or service animal with the intent to deprive the dog guide or service animal user of his or her dog guide or service animal is guilty of theft in the first degree.  Restitution for all offenses includes:  value of the replacement of an incapacitated or deceased dog guide or service animal the training of a replacement dog guide or service animal, or retraining of the affected dog guide or service animal all related veterinary and care expenses medical expenses of the dog guide or service animal user training of the dog guide or service animal user compensation for wages or earned income lost by the dog guide or service animal user West's R.C.W.A. 9.91.170  

Provision also under discrimination chapter:  A person who negligently or maliciously kills or injures a dog guide or service animal is liable for a penalty of $1,000 to be paid to the user of the animal. The penalty shall be in addition to and not in lieu of any other remedies or penalties, civil or criminal, provided by law.  A user or owner of a dog guide or service animal, whose animal is negligently or maliciously injured or killed, is entitled to recover reasonable attorneys' fees and costs incurred in pursuing any civil remedy.  West's R.C.W.A. 49.60.370  

Licensing Law     

A county, city, or town shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or her dog guide, or a request by a physically disabled person not to be charged a fee to license his or her service animal.  West's R.C.W.A. 49.60.380  

Service Dog Fraud  

It shall be unlawful for any pedestrian who is not totally or partially blind, hearing impaired, or otherwise physically disabled to use a dog guide/service animal in any of the places, accommodations, or conveyances listed for the purpose of securing the rights and privileges accorded by the chapter to totally or partially blind, hearing impaired, or otherwise physically disabled people.  West's R.C.W.A. 70.84.060 

Definition

A “service animal” 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, but not limited to: 

Guiding individuals with impaired vision

Alerting individuals with impaired hearing to intruders or sounds

Providing minimal protection or rescue work 

Pulling a wheelchair 

Fetching dropped items 

W. Va. Code, § 5-15-3   

SDIT Covered? 

Yes. The rights, privileges and responsibilities provided by this section also apply to any person who is certified as a trainer of a service animal while he or she is engaged in the training.  W. Va. Code, § 5-15-4  

Accommodation Law 

Every person who is blind, every person with a hearing impairment and every person with a disability shall have the right to be accompanied by a service animal in any of the places, accommodations or conveyances specified.  A service animal as defined is not required to be licensed or certified by a state or local government, nor shall there be any requirement for the specific signage or labeling of a service animal.  W. Va. Code, § 5-15-4  

Violation is misdemeanor with a fine of up to $50.  W. Va. Code, § 5-15-8     

Licensing Law     

No head tax may be levied against any guide or support dog especially trained for the purpose of serving as a guide, leader, listener or support for a blind person, deaf person or a person who is physically or mentally disabled because of any neurological, muscular, skeletal or psychological disorder that causes weakness or inability to perform any function. Guide or support dogs must be registered as provided by this section.  W. Va. Code, § 19-20-2   

Service Dog Fraud 

The states prohibit any person from falsely representing that an animal is a service animal in order to obtain any right or privilege. Such person is guilty of a misdemeanor and, upon conviction, shall be fined not more than $200 or confined in jail for not more than 10 days, or both fined and confined.  W. Va. Code, § 5-15-9 

Definition

Under cruelty laws:  

“Service dog” means a dog that is trained for the purpose of assisting a person with a sensory, mental, or physical disability or accommodating such a disability.  W.S.A. 951.01  

SDIT Covered? 

Yes. No person may refuse to permit entrance into, or use of, or otherwise deny the full and equal enjoyment of any public place of accommodation or amusement to a person with a disability or to a service animal trainer because the person with a disability or the trainer is accompanied by a service animal.  Provisions only apply to service animal trainer if the animal accompanying the service animal trainer is wearing a harness or a leash and special cape.  W.SA. 106.52  

Accommodation Law Public accommodation:   

No person may refuse to permit entrance into, or use of, any public place of accommodation to person with a disability with a service animal, with exceptions. A person who willfully violates this paragraph shall, for the first violation, forfeit not less than $100 nor more than $1,000 with penalty enhancements for violations occurring within 5 years.   W.S.A. 106.52 

Harassment of/Interference with Service Dogs 

No person, after receiving a notice, may do any of the following:  Interference with service dog:  Recklessly interfere with the use of the service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user (class B misdemeanor). Intentionally interfere with the use of the service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user (class A misdemeanor). Allow dog to interfere with service dog:  Recklessly allow his or her dog to interfere with the use of a service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user (class B misdemeanor). Intentionally allow his or her dog to interfere with the use of a service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user (class A misdemeanor). Injure a service dog:  Recklessly injure a service dog or recklessly allow his or her dog to injure a service dog (class A misdemeanor). Intentionally injure a service dog or intentionally allow his or her dog to injure a service dog (Class I felony). Kill a service dog:  Recklessly cause the death of a service dog (Class I felony). Intentionally cause the death of a service dog (Class H felony). Steal a service dog or take possession:  Take possession of or exert control over a service dog without the consent of its owner or user and with the intent to deprive another of the use of the service dog (Class H felony).  

W. S. A. 951.097  (Penalties, which include "pecuniary loss," are provided in W. S. A. 951.18)   

Definition

"Assistance animal” means an animal that works, provides assistance or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability.  

“Service animal” means as defined in 28 C.F.R. 35.104 and 28 C.F.R. 36.104 and includes service miniature horses pursuant to 28 C.F.R. 35.136 and 28 C.F.R. 36.302(c).  W.S. 1977 § 35-13-205    

Accommodation Law 

Any blind, visually impaired, deaf, hearing impaired person or other person with a disability may be accompanied by a service animal in any facility of a public entity in accordance with 28 C.F.R. 35.136 and any place of public accommodation in accordance with 28 C.F.R. 36.302(c).  W.S.1977 § 35-13-201  

Any person violating this section is subject to a fine not to exceed $750.00.  W.S. 1977 § 35-13-203   

Harassment of/Interference with Service Dogs 

Any person who knowingly, willfully and without lawful cause or justification inflicts, or permits or directs any animal under his control or ownership to inflict, serious bodily harm, permanent disability or death upon any service animal or assistance animal is guilty of a misdemeanor punishable by imprisonment for not more than 6 months, a fine of not more than $750.00, or both.  Must also pay restitution, which includes:  Related veterinary or medical bills; The cost of replacing the service animal or assistance animal or retraining an injured service animal or assistance animal; and Any other expense reasonably incurred as a result of the offense. W.S. 1977 § 35-13-206   

Driving Law          

The driver of a vehicle approaching a blind, partially blind, deaf or hearing impaired pedestrian using a guide dog shall take all necessary precautions to avoid injury to the pedestrian. Any driver failing to take these precautions is liable in damages for any injury caused the pedestrian. W.S. 1977 § 35-13-202   

Service Dog Fraud 

Any person who knowingly and intentionally misrepresents that an animal is a service animal or an assistance animal for the purpose of obtaining any of the rights or privileges set forth in this article is guilty of a misdemeanor and may be fined not more than $750.00. W.S. 1977 § 35-13-203