Guide Dog Protection Laws


US and Canada Guide Dog Protection Laws

While every US state and Canadian Province and Territories have been listed below, not every state, province or territory has enacted an official guide dog protection law. In cases where a state, province or territory has not passed guide dog protection legislation, Guide Dogs for the Blind has made an effort to collect relevant loose or vicious and dangerous dog laws or municipal ordinances that may be useful in cases of attacks on guide dogs. Please contact your local law enforcement agency for more information regarding local laws that may be useful to your specific situation.

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Canada Provinces and Territories

Alberta
British Columbia
Manitoba
New Brunswick
Newfoundland
Northwest Territories
Nova Scotia
Ontario
Prince Edward Island
Quebec
Saskatchewan
Yukon

Alabama

Alabama State Code, Title 3. Animals. Chapter 6. Liability of Owners of Dogs Biting or Injuring Persons.

Section 3-1-3 Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same.

When any person owns or keeps a vicious or dangerous animal of any kind and, as a result of his careless management of the same or his allowing the same to go at liberty, and another person, without fault on his part, is injured thereby, such owner or keeper shall be liable in damages for such injury.

Section 3-1-4 Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large.

Any person, who, owning or having in his possession or under his control any dog or hog known to worry or kill sheep, domestic fowls or goats suffers such dog or hog to run at large must, on conviction, be fined not less than $5.00 nor more than $50.00.

Section 3-1-5 Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns.

(a) Every person owning or having in charge any dog or dogs shall at all times confine such dog or dogs to the limits of his own premises or the premises on which such dog or dogs is or are regularly kept. Nothing in this section shall prevent the owner of any dog or dogs or other person or persons having such dog or dogs in his or their charge from allowing such dog or dogs to accompany such owner or other person or persons elsewhere than on the premises on which such dog or dogs is or are regularly kept. Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00.

(b) This section shall not apply to the running at large of any dog or dogs within the corporate limits of any city or town in this state that requires a license tag to be kept on dogs nor shall this section apply in any county in this state until the same has been adopted by the county commission of such county.

Alaska

AS 03.55.010. Killing of Vicious or Mad Dog Authorized.

1. Any person may lawfully kill any vicious or mad dog running at large.

AS 03.55.020. Dogs Deemed Vicious.

1. Any dog which when unprovoked has ever bitten or attacked a human being is considered vicious within the meaning of AS 03.55.010 .

AS 03.55.030. Killing Dogs Annoying or Evincing Tendency to Bite Animals or Fowls.

1. Whenever any dog habitually annoys any wild deer, reindeer, sheep, cattle, horse, or other animal or bird either domestic or wild, or evinces a disposition which makes it likely that it will without provocation bite an animal or fowl, any person may lawfully kill the dog, when at large. The owner or keeper of the dog, if known or reasonably identifiable, shall be notified and given reasonable opportunity to restrain the dog before it is lawful to kill it. Persons authorized to enforce AS 16.05 (Alaska Fish and Game Code) and peace officers may enforce this section.

Arizona

AMENDING SECTION 13-2910, ARIZONA REVISED STATUTES; RELATING TO OFFENSES AGAINST PUBLIC ORDER.

Section 1. Section 13-2910, Arizona Revised Statutes::

13-2910. Cruelty to animals; interference with working or service animal; classification; definitions

A. A person commits cruelty to animals if the person does any of the following

1. Intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment.

2. Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control.

3. Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal.

4. Recklessly subjects any animal to cruel mistreatment.

5. Intentionally, knowingly or recklessly kills any animal under the custody or control of another person without either legal privilege or consent of the owner.

6. Recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.

7. INTENTIONALLY, KNOWINGLY OR RECKLESSLY LEAVES AN ANIMAL UNATTENDED AND CONFINED IN A MOTOR VEHICLE AND PHYSICAL INJURY TO OR DEATH OF THE ANIMAL IS LIKELY TO RESULT.

8. Intentionally or knowingly subjects any animal under the person's custody or control to cruel neglect or abandonment that results in serious physical injury to the animal.

9. Intentionally or knowingly subjects any animal to cruel mistreatment.

10. Intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.

11. 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.

12. 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.

13. 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.

E. A person who is convicted of a violation of subsection A, paragraph 6 or 9 10 OF THIS SECTION is liable as follows:

1. If the working or service animal was killed or disabled, to the owner or agency that owns the working or service animal and that employs the handler or to the owner or handler for the replacement and training costs of the working or service animal and for any veterinary bills.

2. To the owner or agency that owns a working or service animal for the salary of the handler for the period of time that the handler's services are lost to the owner or agency.

3. To the owner for the owner's contractual losses with the agency.

F. An incorporated city or town or a county may adopt an ordinance with misdemeanor provisions at least as stringent as the misdemeanor provisions of this section.

G. A person who violates subsection A, paragraph 1, through 2, 3, 4, 5, 6, 7 OR 12 OF THIS SECTION is guilty of a class 1 misdemeanor. A person who violates subsection A, paragraph 7 through 8, 9, 10, 11 OR 13 OF THIS SECTION is guilty of a class 6 felony.

11-1025. Liability for dog bites: A. The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness.

11-1012. Dogs not permitted at large; D. No person in charge of any dog shall permit such dog in a public park or upon any public school property unless the dog is physically restrained by a leash, enclosed in a car, cage or similar enclosure or being exhibited or trained at a recognized kennel club event, public school or park sponsored event.

Arkansas

§ 20-14-304. Right to be accompanied by service animal; penalty and restitution for killing or injuring a service animal or search and rescue dog.

(a) Every visually handicapped, hearing impaired, or other physically disabled person shall have 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 shall not be required to pay any extra fee or charge for the service animal.
(b) However, any visually handicapped, hearing impaired, or other physically disabled person accompanied by a service animal in any public way, public place, public accommodation, or housing accommodation shall be liable for any damage caused to the premises or facilities by the animal.
(c) As used in this section, "search and rescue dog" means any dog:
(1) In training for or trained for the purpose of search and rescue;
(2) Owned by an independent handler or a member of a search and rescue team; and
(3) Used in conjunction with local law enforcement or emergency services organizations for the purpose of locating missing persons or evidence of arson.
(d) 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.
(e) 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.
Acts of 1973, Act 484, § 3; Acts of 1979, Act 574, § 1; Acts of 1995, Act 266, § 1; Acts of 1999, Act 571, § 2, eff. July 30, 1999.

California

Section 365.6 of the Penal Code is amended to read:
365.6. (a) 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 one thousand five hundred dollars ($1,500) nor more than two thousand five hundred dollars ($2,500), or both that fine and imprisonment.
(b) As used in this section, the following definitions shall apply:
(1) "Mobility aid" means any device enabling a person with a disability, as defined in subdivision (b) of Section 54 of the Civil Code, to travel independently, including, but not limited to, a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code, a wheelchair, walker or white cane.
(2) "Guide, signal, or service dog" means any dog 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, pulling a wheelchair, or fetching dropped items.
(c) Nothing in this section is intended to affect any civil remedies available for a violation of this section.
SEC. 2. Section 600.2 of the Penal Code is amended to read:
600.2. (a) It is a crime for any person to permit any dog which is owned, harbored, or controlled by him or her to cause injury to or the death of any guide, signal, or service dog, as defined by Section 54.1 of the Civil Code, while the guide, signal, or service dog is in discharge of its duties.
(b) A violation of this section is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) if the injury or death to any guide, signal, or service dog is caused by the person's failure to exercise ordinary care in the control of his or her dog.
(c) A violation of this section is a misdemeanor if the injury or death to any guide, signal, or service dog is caused by the person's reckless disregard in the exercise of control over his or her 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 any guide, signal, or service dog. A violation of this subdivision shall be punishable by imprisonment in a county jail not exceeding one year, or by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), or both. The court shall consider the costs ordered pursuant to subdivision (d) when determining the amount of any fines.
(d) In any case in which a defendant is convicted of a violation of this section, the defendant shall be ordered to make restitution to the person with a disability who has custody or ownership of the guide, signal, or service dog for any veterinary bills and replacement costs of the dog if it is disabled or killed, or other reasonable costs deemed appropriate by the court. The costs ordered pursuant to this subdivision shall be paid prior to any fines.
SEC. 3. Section 600.5 of the Penal Code is amended to read:
600.5. (a) Any person who intentionally causes injury to or the death of any guide, signal, or service dog, as defined by Section 54.1 of the Civil Code, while the dog is in discharge of its duties, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both a fine and imprisonment. The court shall consider the costs ordered pursuant to subdivision (b) when determining the amount of any fines.
(b) In any case in which a defendant is convicted of a violation of this section, the defendant shall be ordered to make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills and replacement costs of the dog if it is disabled or killed, or other reasonable costs deemed appropriate by the court. The costs ordered pursuant to this subdivision shall be paid prior to any fines.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Colorado

24-34-803. Rights of persons with assistance dogs.

24-34-804. Violations - penalties.

(1) It is unlawful for any person, firm, corporation, or agent of any person, firm, or corporation to:
(a) Withhold, deny, deprive, or attempt to withhold, deny, or deprive any person with a disability or trainer of any of the rights or privileges secured in section 24-34-803;
(b) Threaten to interfere with any of the rights of persons with disabilities or trainers secured in section 24-34-803;
(c) Punish or attempt to punish any person with a disability or trainer for exercising or attempting to exercise any right or privilege secured by section 24-34-803; or
(d) Interfere with, injure, or harm, or cause another dog to interfere with, injure, or harm, an assistance dog.
(2) Any person who violates any provision of subsection (1) of this section commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
(3) (a) Any person who violates any provision of subsection (1) of this section shall be liable to the person with a disability or trainer whose rights were affected for actual damages for economic loss, to be recovered in a civil action in a court in the county where the infringement of rights occurred or where the defendant resides.
(b) In any action commenced pursuant to this subsection (3), a court may award costs and reasonable attorney fees.
(4) Nothing in this section is intended to interfere with remedies or relief that any person might be entitled to pursuant to parts 3 to 7 of this article.

Colorado Penalties/Violations
24-34-804.Violations - penalties. (1)IT IS UNLAWFUL FOR ANY PERSON, FIRM, CORPORATION, OR AGENT OF ANY PERSON, FIRM, OR CORPORATION TO:
(a)WITHHOLD, DENY, DEPRIVE, OR ATTEMPT TO WITHHOLD, DENY, OR DEPRIVE ANY PERSON WITH A DISABILITY OR TRAINER OF ANY OF THE RIGHTS OR PRIVILEGES SECURED IN SECTION 24-34-803;
(b)THREATEN TO INTERFERE WITH ANY OF THE RIGHTS OF PERSONS WITH DISABILITIES OR TRAINERS SECURED IN SECTION 24-34-803;
(c)PUNISH OR ATTEMPT TO PUNISH ANY PERSON WITH A DISABILITY OR TRAINER FOR EXERCISING OR ATTEMPTING TO EXERCISE ANY RIGHT OR PRIVILEGE SECURED BY SECTION 24-34-803; OR
(d)INTERFERE WITH, INJURE, OR HARM, OR CAUSE ANOTHER DOG TO INTERFERE WITH, INJURE, OR HARM, AN ASSISTANCE DOG.

  1. ANY PERSON WHO VIOLATES ANY PROVISION OF SUBSECTION (1) OF THIS SECTION COMMITS A CLASS 3 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1-106, C.R.S.

(3)(a)ANY PERSON WHO VIOLATES ANY PROVISION OF SUBSECTION (1) OF THIS SECTION SHALL BE LIABLE TO THE PERSON WITH A DISABILITY OR TRAINER WHOSE RIGHTS WERE AFFECTED FOR ACTUAL DAMAGES FOR ECONOMIC LOSS, TO BE RECOVERED IN A CIVIL ACTION IN A COURT IN THE COUNTY WHERE THE INFRINGEMENT OF RIGHTS OCCURRED OR WHERE THE DEFENDANT RESIDES.
(b)IN ANY ACTION COMMENCED PURSUANT TO THIS SUBSECTION (3), A COURT MAY AWARD COSTS AND REASONABLE ATTORNEY FEES.
(4)NOTHING IN THIS SECTION IS INTENDED TO INTERFERE WITH REMEDIES OR RELIEF THAT ANY PERSON MIGHT BE ENTITLED TO PURSUANT TO PARTS 3 TO 7 OF THIS ARTICLE.

Connecticut

Guide Dog law: Substitute Bill No. 1. 604 Page 1 LCO No. General Assembly February Session, A.D., 1998 AN ACT CONCERNING ATTACKS ON GUIDE DOGS OF BLIND OR DISABLED PERSONS AND THE EVICTION OF PERSONAL CARE ASSISTANTS EMPLOYED BY BLIND OR DISABLED PERSONS.

Section 1. Section 22-364b of the general statutes is repealed and the following is substituted in lieu thereof: 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 blind, deaf or mobility impaired 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. [Any person who violates the provisions of this section shall have committed an infraction.] IF AN OWNER OR KEEPER OF A DOG VIOLATES THE PROVISIONS OF THIS SECTION AND, AS A RESULT OF SUCH VIOLATION, SUCH DOG ATTACKS AND INJURES THE GUIDE DOG, SUCH OWNER OR KEEPER SHALL BE FINED NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS AND 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.

Delaware

Delaware Code: TITLE 7, PART I, CHAPTER 17. DOGS
Subchapter I. General Provisions
§ 1717. Unauthorized acts against a service, guide or seeing eye dog; penalties.
(a) No person shall intentionally interfere with the use of a service, guide or seeing eye 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.
(b) No person shall intentionally injure or disable a service, guide or seeing eye dog being used by its owner. Whoever violates this subsection shall be guilty of a class A misdemeanor.
(c) No person shall intentionally kill a service, guide or seeing eye dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class D felony. This subsection, however, does not apply to a law enforcement officer as defined by § 222 of Title 11 that is forced to take such action pursuant to the lawful performance of the officer's duties.
(d) No person shall intentionally steal, take or wrongfully obtain a service, guide or seeing eye dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class E felony.
(e) In any case where a person is convicted under subsection (a), (b), (c) or (d), that person shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the service, guide or seeing eye dog owner and the dog which arise out of or are related to the criminal offense. (66 Del. Laws, c. 296, § 1; 68 Del. Laws, c. 116, § 1; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 302, § 1.)

District of Columbia (Washington D.C.)

DISTRICT OF COLUMBIA OFFICIAL CODE 2001 EDITION
DIVISION I. GOVERNMENT OF DISTRICT.
TITLE 8. ENVIRONMENTAL AND ANIMAL CONTROL AND PROTECTION
SUBTITLE E. ANIMAL CONTROL AND PROTECTION.
CHAPTER 19. DANGEROUS DOGS.

§ 8-1902. Determination of a dangerous dog.
(a) If the Mayor has probable cause to believe that a dog is a dangerous dog, the Mayor may convene a hearing for the purpose of determining whether the dog in question shall be declared a dangerous dog and to determine if the dog would constitute a significant threat to the public health and safety if returned to its owner. Prior to a hearing, the Mayor shall conduct or cause to be conducted an investigation and shall provide reasonable notification of the hearing to the owner.
(b) Following notice to the owner and prior to the hearing, if the Mayor has probable cause to believe that a dog is a dangerous dog and may pose an immediate threat of serious harm to human beings or other domestic animals, the Mayor may obtain a search warrant pursuant to Rule 204 of the District of Columbia Superior Court Rules of Civil Procedure and impound the dog pending disposition of the case. The owner of the dog shall be liable to the District for the costs and expenses of keeping the dog.
(c) The hearing shall be held within no less than 5, and no more than 10 days, excluding holidays, Saturdays and Sundays, after service of notice upon the owner of the dog. The hearing shall be informal and open to the public. The owner shall have the opportunity to present evidence as to why the dog should not be declared a dangerous dog or not determined to be a significant threat to the public health and safety if returned to its owner. The Mayor may decide all issues for or against the owner of the dog regardless of whether the owner fails to appear at the hearing.
(d) Within 5 days after the hearing, the owner shall be notified in writing of the determination by the Mayor.
(e) If the owner contests the determination, the owner may, within 5 days of the determination, bring a petition in the Superior Court of the District of Columbia seeking de novo review of the determination. A decision by the Superior Court of the District of Columbia shall not affect the Mayor's right to later declare a dog to be a dangerous dog or to determine that the dog constitutes a threat to the public health and safety, for any subsequent actions of the dog.
CREDIT(S):

§ 8-1903. Consequences of a dangerous dog determination.
If a determination is made that a dog is a dangerous dog under § 8-1902, the owner shall comply with the provisions of §§ 8-1904 and 8-1905 and any other special security or care requirements established by the Mayor, and in accordance with a time schedule established by the Mayor. A dangerous dog determined to constitute a significant threat to the public health and safety if returned to its owner may be humanely destroyed.

Florida

Title XXX Social Welfare

Chapter 413 Vocational Rehabilitation:
413.081 Interference with or injury to guide dog or service animal; penalties; restitution.--
(1) Any person who, with reckless disregard, interferes, or permits a dog that he or she owns or is in the immediate control of to interfere, with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the animal or its user is guilty of a misdemeanor of the second degree for the first offense and a misdemeanor of the first degree for each subsequent offense, punishable as provided in s. 775.082 or s. 775.083.
(2) Any person who, with reckless disregard, injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a guide dog or service animal is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who intentionally injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a guide dog or service animal is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(4)(a) A person who is convicted of a violation of this section, in addition to any other penalty, must make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the guide dog or service animal's user.
(b) Restitution includes the value of the animal; replacement and training or retraining expenses for the animal and the user; veterinary and other medical and boarding expenses for the animal; medical expenses for the user; and lost wages or income incurred by the user during any period that the user is without the services of such an animal.
(5) As used in this section, the term:
(a) "Guide dog" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.
(b) "Service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.
History.--s. 2, ch. 2002-176.

Georgia

Georgia General Assembly

Un-annotated Code 30-1-6.
(a) It shall be unlawful for any person to:
(1) Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual; and
(2) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual.
(b) As used in subsection (a) of this Code section, the term 'harass' means to engage in any conduct directed toward a guide, leader, hearing, or service dog that is likely to impede or interfere with the dog´s performance of its duties or that places the blind, deaf, or physically limited person being served or assisted by the dog in danger of injury.
(c) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(d) In a prosecution for a violation of subsection (a) of this Code section, evidence that the defendant initiated or continued conduct directed toward a dog described in subsection (a) of this Code section after being requested to avoid or discontinue that conduct or similar conduct by a blind, deaf, audibly impaired, or physically limited individual being served or assisted by the dog shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously.
(e) A conviction and imposition of a sentence under this Code section shall not prevent a conviction and imposition of a sentence under any other applicable provision of law.
§711-1109.4 Causing injury or death to a guide dog, signal dog, or service animal. (1) A person commits the offense of causing injury or death to a guide dog, signal dog, or service animal if:
(a) The person recklessly causes injury to or the death of any guide dog, signal dog, or service animal, while the dog is in the discharge of its duties; or
(b) The person is the owner of a dog and recklessly permits that dog to attack a guide dog, signal dog, or service animal while that dog is in the discharge of its duties, resulting in the injury or death of the guide dog, signal dog, or service animal.
(2) Any person who commits the offense of causing injury or death to a guide dog, signal dog, or service animal shall be punished as follows:
(a) For a first offense by a fine of not more than $2,000, imprisonment of not more than thirty days, or both; and
(b) For a second or subsequent offense by a fine of not more than $5,000, imprisonment of not more than thirty days, or both.
(3) Any person who is convicted of a violation of this section shall be ordered to make restitution to:
(a) The person with a disability who has custody or ownership of the guide dog, signal dog, or service animal, for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the dog; and
(b) The person or organization that incurs the cost of retraining or replacing the animal, for the cost of retraining or replacing the animal if it is disabled or killed.
(4) As used in this section, "guide dog", "signal dog", and "service animal" shall have the same meaning as in section 515-3(8). [L 2002, c 259, pt of §1]
§711-1109.5 Intentional interference with the use of a guide dog, signal dog, or service animal. (1) A person commits the offense of intentional interference with the use of a guide dog, signal dog, or service animal if the person, with no legal justification, intentionally or knowingly:
(a) Harms a guide dog, signal dog, or service animal; or
(b) Strikes or kicks a guide dog, signal dog, or service animal;
while the guide dog, signal dog, or service animal is in the discharge of its duties.
(2) Intentional interference with the use of a guide dog, signal dog, or service animal is a misdemeanor.
(3) Nothing in this section is intended to affect any civil remedies available for a violation of this section.
(4) As used in this section, "guide dog", "signal dog", and "service animal" shall have the same meaning as in section 515-3(8). [L 2002, c 259, pt of §1]

Hawaii

§711-1109.4 Causing injury or death to a guide dog, signal dog, or service animal. (1) A person commits the offense of causing injury or death to a guide dog, signal dog, or service animal if:
(a) The person recklessly causes injury to or the death of any guide dog, signal dog, or service animal, while the dog is in the discharge of its duties; or
(b) The person is the owner of a dog and recklessly permits that dog to attack a guide dog, signal dog, or service animal while that dog is in the discharge of its duties, resulting in the injury or death of the guide dog, signal dog, or service animal.
(2) Any person who commits the offense of causing injury or death to a guide dog, signal dog, or service animal shall be punished as follows:
(a) For a first offense by a fine of not more than $2,000, imprisonment of not more than thirty days, or both; and
(b) For a second or subsequent offense by a fine of not more than $5,000, imprisonment of not more than thirty days, or both.
(3) Any person who is convicted of a violation of this section shall be ordered to make restitution to:
(a) The person with a disability who has custody or ownership of the guide dog, signal dog, or service animal, for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the dog; and
(b) The person or organization that incurs the cost of retraining or replacing the animal, for the cost of retraining or replacing the animal if it is disabled or killed.
(4) As used in this section, "guide dog", "signal dog", and "service animal" shall have the same meaning as in section 515-3(8). [L 2002, c 259, pt of §1]
§711-1109.5 Intentional interference with the use of a guide dog, signal dog, or service animal. (1) A person commits the offense of intentional interference with the use of a guide dog, signal dog, or service animal if the person, with no legal justification, intentionally or knowingly:
(a) Harms a guide dog, signal dog, or service animal; or
(b) Strikes or kicks a guide dog, signal dog, or service animal;
while the guide dog, signal dog, or service animal is in the discharge of its duties.
(2) Intentional interference with the use of a guide dog, signal dog, or service animal is a misdemeanor.
(3) Nothing in this section is intended to affect any civil remedies available for a violation of this section.
(4) As used in this section, "guide dog", "signal dog", and "service animal" shall have the same meaning as in section 515-3(8). [L 2002, c 259, pt of §1]

Idaho

TITLE 18 CRIMES AND PUNISHMENTS
CHAPTER 58 PUBLIC HEALTH AND SAFETY
18-5811. ACTION REQUIRED TO AVOID ACCIDENT OR INJURY TO DISABLED PERSON -
- PROHIBITED INTENTIONAL ACTIONS -- PENALTIES.
(1) Any person, whether a pedestrian, operating a vehicle or otherwise, who approaches an individual appearing to be a disabled person or lawfully using an assistance device or assistance dog, and who
(a) Intentionally fails to stop, change course, speak or take such other action as is necessary to avoid any accident or injury to the disabled person, the assistance device or dog, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or by both.
(b) Intentionally startles or frightens such person's dog, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), or by both.
(2) Any person who, without justification, intentionally interferes with the use of an assistance dog or assistance device by obstructing, battering or intimidating the user or the dog, is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine of not less than fifty dollars ($50.00) nor more than one thousand five hundred dollars ($1,500), or by both.
TITLE 18 CRIMES AND PUNISHMENTS
CHAPTER 58 PUBLIC HEALTH AND SAFETY
18-5812. BATTERY TO DISABLED PERSONS AND ASSISTANCE DOGS -- PENALTIES.
(1) Any person who
(a) Permits any animal which is owned, harbored or controlled by him to cause injury to or the death of any assistance dog or dog-in-training, is guilty of a misdemeanor.
(b) Intentionally causes injury to or the death of any assistance dog or dog-in-training is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding one (1) year, or by a fine not exceeding five thousand dollars ($5,000), or by both.
(2) In addition to any other criminal or civil penalties provided for violation of this section, any person convicted under this section, regardless of the form of judgment, shall be ordered to make full restitution to the owner or custodian of such dog for all veterinary bills, replacement and other costs resulting from the injury or death of the dog.

Illinois

Illinois Compiled Statutes Animals Humane Care for Animals Act

510 ILCS 70/ Sec. 2.01d. Service animal. "Service animal" means any guide dog, signal dog, or other animal trained to do work or to perform tasks for the benefit of an individual with a disability, including, but not limited to, animals guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders, providing minimal rescue or protection work, pulling a wheelchair, or fetching dropped items.

Sec. 4.03. Teasing, striking or tampering with police animals, service animals, or search and rescue dogs prohibited. It shall be unlawful for any person to willfully and maliciously taunt, torment, tease, beat, strike, or administer or subject any desensitizing drugs, chemicals or substance to (i) any animal used by a law enforcement officer in the performance of his or her functions or duties, or when placed in confinement off duty, (ii) any service animal, (iii) any search and rescue dog, or (iv) any police, service, or search and rescue animal in training. It is unlawful for any person to interfere or meddle with (i) any animal used by a law enforcement department or agency or any handler thereof in the performance of the functions or duties of the department or agency, (ii) any service animal, (iii) any search and rescue animal in or (iv) any law enforcement, service, or search and rescue animal in training.

Sec. 4.04. Injuring or killing police animals, service animals, or search and rescue dogs prohibited. It shall be unlawful for any person to willfully or maliciously torture, mutilate, injure, disable, poison, or kill (i) any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when placed in confinement off duty, (ii) any service animal, (iii) any search and rescue dog, or (iv) any law enforcement, service, or search and rescue animal in training. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the animal undue suffering and pain.

Sec. 16. Violations; punishment; injunctions.

(c) (1) This subsection (c) applies exclusively where the only animals involved in the violation are dogs.

(7) Any person convicted of violating Section 4.03 for the first time is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

(8) Any person convicted of violating Section 4.04 is guilty of a Class A misdemeanor where the animal is not killed or totally disabled, but if the animal is killed or totally disabled such person shall be guilty of a Class 4 felony.

Sec. 20. Civil actions. Any person who has a right of ownership in an animal that is subjected to an act of abuse or neglect in violation of this Act may bring a civil action to recover the damages sustained by that owner. Damages may include, but are not limited to, the monetary value of the animal, veterinary expenses incurred on behalf of the animal, any other expenses incurred by the owner in rectifying the effects of the cruelty, pain, and suffering of the animal, and emotional distress suffered by the owner. In addition to damages that may be proven, the owner is also entitled to punitive or exemplary damages of not less than $500 but not more than $25,000 for each act of abuse or neglect to which the animal was subjected. In addition, the court must award reasonable attorney's fees and costs actually incurred by the owner in the prosecution of any action under this Section. The remedies provided in this Section are in addition to any other remedies allowed by law. In an action under this Section, the court may enter any injunctive orders reasonably necessary to protect animals from any further acts of abuse, neglect, or harassment by a defendant. Trespass is not a defense to any action under this Section. The statute of limitations for cruelty to animals is 2 years. Section 99. Effective date. This Act takes effect on January 1, 2002.

Indiana

Indiana Guide Dog Protection Law

IC 35-46-3-11.5

TITLE 35. CRIMINAL LAW AND PROCEDURE

ARTICLE 46. MISCELLANEOUS OFFENSES

CHAPTER 3. OFFENSES RELATING TO ANIMALS

SECT. 11.5 Interference with or mistreatment of service animal; defenses Interference with or mistreatment of service animal; defenses

Sec. 11.5. (a) As used in this section, "service animal" means an animal that a person who is impaired by:

(1) blindness or any other visual impairment;

(2) deafness or any other aural impairment;

(3) a physical disability; or

(4) a medical condition; relies on for navigation, assistance in performing daily activities, or alert signals regarding the onset of the person's medical condition.

(b) A person who knowingly or intentionally:

(1) interferes with the actions of a service animal; or

(2) strikes, torments, injures, or otherwise mistreats a service animal; while the service animal is engaged in assisting an impaired person described in subsection (a) commits a Class A infraction.

(c) It is a defense that the accused person:

(1) engaged in a reasonable act of training, handling, or disciplining the service animal; or

(2) reasonably believed the conduct was necessary to prevent injury to the accused person or another person.

As added by P.L.143-1996, SEC.2.

IC 15-5-12-1

Dog bite liability Sec. 1. If a dog, without provocation, bites any person who is peaceably conducting himself in any place where he may be required to go for the purpose of discharging any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States of America, the owner of such dog may be held liable for any damages suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.

Iowa

351.28 Liability for damages.

1. The owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury. This section does not apply to damage done by a dog affected with hydrophobia unless the owner of the dog had reasonable grounds to know that the dog was afflicted with hydrophobia and by reasonable effort might have prevented the injury.

Kansas

Chapter 21. Crimes and Punishments
Part II. Prohibited Conduct
Article 43. Crimes Against The Public Morals

21-4318. Harming or killing certain dogs

(a) Inflicting harm, disability or death to a police dog, arson dog, assistance dog, game warden dog or search and rescue dog is knowingly and intentionally, and without lawful cause or justification poisoning, inflicting great bodily harm, permanent disability or death, upon a police dog, arson dog, assistance dog, game warden dog or search and rescue dog.
(b) As used in this section:
(1) "Arson dog" means any dog which is owned, or the service of which is employed, by the state fire marshal or a fire department for the principal purpose of aiding in the detection of liquid accelerants in the investigation of fires.
(2) "Assistance dog" has the meaning provided by K.S.A. 39-1113, and amendments thereto.
(3) "Fire department" means a public fire department under the control of the governing body of a city, township, county, fire district or benefit district or a private fire department operated by a nonprofit corporation providing fire protection services for a city, township, county, fire district or benefit district under contract with the governing body of the city, township, county or district.
(4) "Game warden dog" means any dog which is owned, or the service of which is employed, by the department of wildlife and parks for the purpose of aiding in detection of criminal activity, enforcement of laws, apprehension of offenders or location of persons or wildlife.
(5) "Police dog" means any dog which is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws or apprehension of offenders.
(6) "Search and rescue dog" means any dog which is owned or the service of which is employed, by a law enforcement or emergency response agency for the purpose of aiding in the location of persons missing in disasters or other times of need.
(c) Inflicting harm, disability or death to a police dog, arson dog, assistance dog, game warden dog or search and rescue dog is a nonperson felony. Upon conviction of this subsection, a person shall be sentenced to not less than 30 days or more than one year's imprisonment and be fined not less than $500 nor more than $5,000. During the mandatory 30 days imprisonment, such offender shall have a psychological evaluation prepared for the court to assist the court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion of an anger management program.
(d) This section shall be part of and supplemental to the Kansas criminal code.

Kentucky

Kentucky Revised Statutes Title L. Kentucky Penal Code. Chapter 525. Riot, Disorderly Conduct, and Related Offenses.

525.200 Assault on a service animal in the first degree.
(1) A person is guilty of assault on a service animal in the first degree when he intentionally and without legal justification or lawful authority kills or causes physical injury to a service animal to the extent that a service animal becomes physically incapable of ever returning to service.
(2) Assault on a service animal in the first degree is a Class D felony.
Effective: July 15, 1998

525.205 Assault on a service animal in the second degree.
(1) A person is guilty of assault on a service animal in the second degree when he intentionally and without legal justification or lawful authority causes physical injury
to a service animal.
(2) Assault on a service animal in the second degree is a Class B misdemeanor.
Effective: July 15, 1998

525.210 Duty status of service animal not a factor in application of KRS 525.200 and 525.205.
KRS 525.200 and 525.205 shall apply whether or not the service animal is on duty or off duty.
Effective: July 15, 1998

525.215 Defendant's liability for damages upon conviction of assault on a service animal.
In any case in which a defendant is convicted of a violation of the provisions of KRS 525.200 or 525.205, the defendant may be ordered to make restitution to the person or agency owning the animal for any veterinary bills, replacement costs of the animal if it is disabled or killed, and the salary of the animal handler for the period of time his services are lost to the agency or self-employment.
Effective: July 15, 1998

525.220 Bars and defenses to conviction of assault on a service animal.
No person shall be convicted of assault on a service animal when:
(1) He has also been convicted of a violation of KRS 525.125, 525.130, 512.020, 512.030, or 512.040 arising out of the same incident; or
(2) He has destroyed or treated a service animal that is injured, diseased, or suffering or that constitutes a hazard to public safety if not destroyed; or
(3) He has used physical force against the service animal in protection of himself or a third person; or
(4) He has used physical force without knowledge that the animal was a service animal.
Effective: July 15, 1998

Louisiana

Title 14. Criminal Law. Chapter 1. Criminal Code. Part VI. Offenses Affecting The Public Generally. Subpart B. Offenses Affecting The Public Sensibility. § 102.14. Unlawful ownership of dangerous dog. Also: Title 3. Agriculture and Forestry. Chapter 18. Animals Running at Large.

§102.14. Unlawful ownership of dangerous dog
A. For the purposes of this Section "dangerous dog" means:
(1) Any dog which when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog; or
(2) Any dog which, when unprovoked, bites a person causing an injury; or
(3) Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal off the property of the owner of the dog.
B. It is unlawful for any person to own a dangerous dog without properly restraining or confining the dog.
C. A dangerous dog, while on the owner's property, shall, at all times, be kept indoors, or in a secure enclosure. A dangerous dog may be off the owner's property only if it is restrained by a leash which prevents its escape or access to other persons.
D. The owner of a dog determined by the court to be dangerous shall post signs around the secure enclosure no more than thirty feet apart and at each normal point of ingress and egress. The signs shall bear the words "Beware of Dog", or "Dangerous Dog" in letters at least three and one-half inches high and shall be so placed as to be readily visible to any person approaching the secure enclosure.
E. If the dog in question dies, or is sold, transferred, or permanently removed from the municipality or parish where the owner resides, the owner of a dangerous dog shall notify the animal control agency of the changed condition and new location of the dog in writing within two days.
F. Whoever violates the provisions of this Section shall be fined not more than three hundred dollars.
G. The provisions of this Section shall not apply to:
(1) Any dog which is owned, or the service of which is employed, by any state or local law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders.
(2) Any dog trained in accordance with the standards of a national or regional search and rescue association to respond to instructions from its handler in the search and rescue of lost or missing individuals and which dog, together with its handler, is prepared to render search and rescue services at the request of law enforcement.

§102.15. Unlawful ownership of a vicious dog
A. For the purposes of this Section "vicious dog" means any dog which, when unprovoked, in an aggressive manner, inflicts serious bodily injury on or kills a human being and was previously determined to be a dangerous dog.
B. It is unlawful for any person to own a vicious dog.
C. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
D. The provisions of this Section shall not apply to:
(1) Any dog which is owned, or the service of which is employed, by any state or local law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders.
(2) Any dog trained in accordance with the standards of a national or regional search and rescue association to respond to instructions from its handler in the search and rescue of lost or missing individuals and which dog, together with its handler, is prepared to render search and rescue services at the request of law enforcement.

§102.16. Seizure and destruction or disposition of dangerous or vicious dogs
A.(1) Any law enforcement officer making an arrest under R.S.
14:102.14 or R.S. 14:102.15 may lawfully take possession of all dogs on the premises where the arrest is made or in the immediate possession or control of the person being arrested.
(2) The legislature finds and declares that dangerous or vicious dogs are a threat to the health and safety of the public. Dogs seized in accordance with this Section are declared to be contraband, and the officer may cause them to be impounded pending the hearing held pursuant to R.S. 14:102.13.
B. A dog determined to be a vicious dog by the court shall be humanely euthanized by the animal control agency, a licensed veterinarian, or a qualified technician.
C. A dog determined by the court to be a dangerous dog may be humanely euthanized if it is determined that the dog poses an immediate threat to public health and safety.
D. The owner of the dog shall be liable to the municipality or parish where the dog is impounded for the costs and expenses of keeping the dog if the dog is later adjudicated dangerous or vicious.

Maine

Maine Statutes T. 17 § 1311 - 1316; ME ST T. 26 §§ 1420-A - 1420-C

A person who owns or keeps a dog that attacks, injures or kills a service dog while in the service dog is in discharge of its duties commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged [2001, c. 220, ss2 (new). ]

When a person is adjudicated of a violation of this section, the court shall order the person to make restitution to the owner of the service dog for any veterinary bills and necessary retraining costs or replacement costs of the dog if it is disabled or killed [2001, c. 220 ss2 (new).]

Maryland

Title 10. Crimes Against Public Health, Conduct, and Sensibilities. Subtitle 6. Crimes Relating to Animals. § 10-619. Dangerous dog.

Summary: This Maryland statute outlines what is a "Dangerous dog." As defined by statute, it is a dog that, without provocation, has killed or inflicted severe injury on a person, or it is a potentially dangerous dog that bites a person, when not on its owner's real property, kills or inflicts severe injury on a domestic animal, or attacks without provocation. An owner of a dangerous dog must keep the dog securely enclosed on his or her property or must muzzle and restrain the dog. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.

Massachusetts

CHAPTER 266. CRIMES AGAINST PROPERTY Chapter 266: Section 112 Domestic animals; malicious killing or injury
Section 112. Whoever wilfully and maliciously kills, maims or disfigures any horse, cattle or other animal of another person, or wilfully and maliciously administers or exposes poison with intent that it shall be taken or swallowed by any such animal, shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than one year.

Section 112. Whoever wilfully and maliciously kills, maims or disfigures any horse, cattle or other animal of another person, or wilfully and maliciously administers or exposes poison with intent that it shall be taken or swallowed by any such animal, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $2,500, or by both such fine and imprisonment.

Michigan

MICHIGAN GUIDE DOG PROTECTION LAW
THE MICHIGAN PENAL CODE
Act 328 of 1931
750.50a Guide or leader dog ; prohibited conduct by individual; violation as misdemeanor; rebuttable presumption that conduct initiated or continued maliciously; conviction or sentence under other applicable law; definitions. [M.S.A. 28.245(a) ]

Sec. 50a. (1) An individual shall not do either of the following:
(a) Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass or injure a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual.
(b) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with duties performed by a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual.
(2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(3) In a prosecution for a violation of subsection (1), evidence that the defendant initiated or continued conduct directed toward a dog described in subsection (1) after being requested to avoid or discontinue that conduct or similar conduct by a blind, deaf, audibly impaired, or physically limited individual being served or assisted by the dog shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously.
(4) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law.
(5) As used in this section:
(a) "Audibly impaired" means the inability to hear air conduction thresholds at an average of 40 decibels or greater in the individual's better ear.
(b) "Blind" means having a visual acuity of 20/200 or less in the individual's better eye with correction, or having a limitation of the individual's field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees.
(c) "Deaf" means the individual's hearing is totally impaired or the individual's hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling, or reading.
(d) "Harass" means to engage in any conduct directed toward a guide, leader, hearing, or service dog that is likely to impede or interfere with the dog's performance of its duties or that places the blind, deaf, audibly impaired, or physically limited individual being served or assisted by the dog in danger of injury.
(e) "Injure" means to cause any physical injury to a dog described in subsection (1).
(f) "Maliciously" means any of the following:
(i) With intent to assault, beat, harass or injure a dog described in subsection (1).
(ii) With intent to impede or interfere with duties performed by a dog described in subsection
(1).
(iii) With intent to disturb, endanger, or cause emotional distress to a blind, deaf, audibly impaired, or physically limited individual being served or assisted by a dog described in subsection (1).
(iv) With knowledge that the individual's conduct will, or is likely to harass or injure a dog described in subsection (1).
(v) With knowledge that the individual's conduct will, or is likely to impede or interfere with duties performed by a dog described in subsection (1).
(vi) With knowledge that the individual's conduct will, or is likely to disturb, endanger, or cause emotional distress to a blind, deaf, audibly impaired, or physically limited individual being served or assisted by a dog described in subsection (1).
(g) "Physically limited" means having limited ambulatory abilities and includes but is not limited to having a temporary or permanent impairment or condition that does 1 or more of the following:
(i) Causes the individual to use a wheelchair or walk with difficulty or insecurity.
(ii) Affects sight or hearing to the extent that an individual is insecure or exposed to danger.
(iii) Causes faulty coordination.
(iv) Reduces mobility, flexibility, coordination, or perceptiveness.

Minnesota

343.21. Overworking or mistreating animals; penalty

Subd. 8a. Harming a service animal. No person shall intentionally and without justification cause bodily harm to a service animal while it is providing service or while it is in the custody of the person it serves.
Subd. 9. Penalty. (a) Except as otherwise provided in this subdivision, a person who fails to comply with any provision of this section is guilty of a misdemeanor. A person convicted of a second or subsequent violation of subdivision 1 or 7 within five years of a previous violation of subdivision 1 or 7 is guilty of a gross misdemeanor.
(b) A person who intentionally violates subdivision 1 or 7 where the violation results in substantial bodily harm to a pet or companion animal may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
(c) A person convicted of violating paragraph (b) within five years of a previous gross misdemeanor or felony conviction for violating this section may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
(d) A person who intentionally violates subdivision 1 or 7 where the violation results in death or great bodily harm to a pet or companion animal may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
(e) A person who violates subdivision 8a where the violation results in substantial bodily harm to a service animal may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
(f) A person who intentionally violates subdivision 1 or 7 where the violation results in substantial bodily harm to a pet or companion animal, and the act is done to threaten, intimidate, or terrorize another person, may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
(g) A person who violates subdivision 8a where the violation results in death or great bodily harm to a service animal may be sentenced to imprisonment for not more than four years or to payment of a fine of not more than $10,000, or both.
(h) A person who intentionally violates subdivision 1 or 7 where the violation results in death or great bodily harm to a pet or companion animal, and the act is done to threaten, intimidate, or terrorize another person, may be sentenced to imprisonment for not more than four years or to payment of a fine of not more than $10,000, or both.

Mississippi

§ 97-41-21. Harassment of guide or leader dogs, penalties.

(1) An individual shall not do either of the following:

(a) Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass or injure, a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual.

(b) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual.

(2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days or a fine of not more than Five Hundred Dollars ($500.00), or both.

(3) In a prosecution for a violation of subsection (1), evidence that the defendant initiated or continued conduct directed toward a dog described in subsection (1) after being requested to avoid or discontinue that conduct or similar conduct by a blind, deaf, audibly impaired or physically limited individual being served or assisted by the dog shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously.

(4) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law.

(5) As used in this section:

(a) "Audibly impaired" means the inability to hear air conduction thresholds at an average of forty (40) decibels or greater in the individual's better ear.

(b) "Blind" means having a visual acuity of 20/200 or less in the individual's better eye with correction, or having a limitation of the individual's field of vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty (20) degrees.

(c) "Deaf" means the individual's hearing is totally impaired or the individual's hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling or reading.

(d) "Harass" means to engage in any conduct directed toward a guide, leader, hearing or service dog that is likely to impede or interfere with the dog's performance of its duties or that places the blind, deaf, audibly impaired or physically limited individual being served or assisted by the dog in danger of injury.

(e) "Injure" means to cause any physical injury to a dog described in subsection (1).

(f) "Maliciously" means any of the following:

(i) With intent to assault, beat, harass or injure a dog described in subsection (1).

(ii) With intent to impede or interfere with duties performed by a dog described in subsection (1).

(iii) With intent to disturb, endanger or cause emotional distress to a blind, deaf, audibly impaired or physically limited individual being served or assisted by a dog described in subsection (1).

(iv) With knowledge that the individual's conduct will, or is likely to, harass or injure a dog described in subsection (1).

(v) With knowledge that the individual's conduct will, or is likely to, impede or interfere with duties performed by a dog described in subsection (1).

(vi) With knowledge that the individual's conduct will, or is likely to, disturb, endanger or cause emotional distress to a blind, deaf, audibly impaired or physically limited individual being served or assisted by a dog described in subsection (1).

(g) "Physically limited" means having limited ambulatory abilities and includes, but is not limited to, having a temporary or permanent impairment or condition that does one or more of the following:

(i) Causes the individual to use a wheelchair or walk with difficulty or insecurity.

(ii) Affects sight or hearing to the extent that an individual is insecure or exposed to danger.

(iii) Causes faulty coordination.

(iv) Reduces mobility, flexibility, coordination or perceptiveness.

Missouri

273.030. If any person shall discover any dog or dogs in the act of killing, wounding or chasing sheep in any portion of this state, or shall discover any dog or dogs under such circumstances as to satisfactorily show that such dog or dogs has or have been recently engaged in killing or chasing sheep or other domestic animal or animals, such person is authorized to immediately pursue and kill such dog or dogs; provided, however, that such dog or dogs shall not be killed in any enclosure belonging to or being in lawful possession of the owner of such dog or dogs.

578.025. 1. Any person who:

(1) Owns, possesses, keeps, or trains any dog, with the intent that such dog shall be engaged in an exhibition of fighting with another dog;

(2) For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other; or

(3) Permits any act as described in subdivision (1) or

(2) of this subsection to be done on any premises under his charge or control, or aids or abets any such act is guilty of a class D felony.

2. Any person who is knowingly present, as a spectator, at any place, building, or structure where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or is knowingly present at such exhibition or at any other fighting or injuring as described in subdivision (2) of subsection 1 of this section, with the intent to be present at such exhibition, fighting, or injuring is guilty of a class A misdemeanor.

3. Nothing in this section shall be construed to prohibit:

(1) The use of dogs in the management of livestock by the owner of such livestock or his employees or agents or other persons in lawful custody of such livestock;

(2) The use of dogs in hunting; or

(3) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.

273.020. In every case where sheep or other domestic animals are killed or maimed by dogs, the owner of such animals may recover against the owner or keeper of such dog or dogs the full amount of damages and the owner shall forthwith kill such dog or dogs; and for every day he shall refuse or neglect to do so, after notice, he shall pay and forfeit the sum of one dollar, and it shall be lawful for any person to kill such dog or dogs; provided, however, that whenever in any case the facts shall show that in the worrying or killing, maiming or wounding of any said sheep or other domestic animals that the same was done by two or more dogs belonging to different owners, then the plaintiff, the person whose animals were killed, wounded or maimed, may at his or her election, join all of the owners of said dogs as joint tort-feasors or may sue each one separately at his or her election.

Impounding of dogs--redemption--fees--penalty.

273.100. 1. Every city or town marshal of every incorporated city or town in this state, within their jurisdiction, shall take up and impound in a suitable place, the location of which place shall be given by a notice posted in some conspicuous place in his office, all dogs found running at large in their respective cities or towns without collars around their necks, marked as herein provided, and they shall keep such dogs for a period of one week, and at the expiration of such period shall put such dogs to death by humane methods.

2. The owner of any such impounded dogs, upon the payment of the tax herein provided, and a redemption fee of five dollars, may redeem such impounded dog and the city or town marshal shall be permitted to retain the sum of two dollars out of each redemption fee so paid, and shall pay over the balance of the fee on the first day of each month to the treasurer of the county in which the city or town marshal has jurisdiction, to be accounted for by the treasurers in the same manner as they are required by sections 273.040 to 273.180, to account for licenses taxes.

3. Any marshal who shall fail or refuse to take up and impound any such dog shall be guilty of a misdemeanor and on conviction thereof fined not less than five dollars nor more than twenty-five dollars.

Montana

81-7-401. Killing of dogs harassing, destroying, or injuring stock -- notice to owner -- penalty. (1) As used in this section, "harasses" means worries, chases, or runs after livestock, including ostriches, rheas, and emus, in a manner that may lead to subsequent injury to the livestock. (2) A dog, whether licensed or not, that, while off the premises owned or under control of its owner and on property owned, leased, or controlled by the livestock owner, harasses, kills, wounds, or injures livestock not belonging to the owner of the dog is considered a public nuisance and:

(a) may be killed immediately by the owner of the livestock or an agent or employee of the owner; or

(b) the owner of the dog, when reasonably notified after due process, shall kill the dog within 24 hours of notification. If the owner fails to do so, an officer may be notified and shall kill the dog or cause the dog to be killed.

(3) A dog may not be killed in a manner that will endanger a person.

(4) This section does not apply to a dog herding livestock under the direction of its owner or the agents or employees of its owner.

(5) This section does not apply to a dog engaged in legitimate sport hunting or predator control activities under the direction of its owner or the agents or employees of its owner.

(6) The owner of a dog that harasses, kills, wounds, or injures livestock is guilty of a misdemeanor and upon conviction shall be fined not more than $500.

7-23-2108. County control of dogs. (1) The governing body of the county may regulate, restrain, or prohibit the running at large of dogs by the adoption of an ordinance which substantially complies with the provisions of 1. 7-5-103 through 7-5-107 and which may provide for the wearing of a license tag upon the collar of the dog and the keeping of a record which will establish the identity of the person who owns, keeps, or harbors the dog.

(2) Violation of an ordinance adopted under subsection

(1) is a misdemeanor.

(3) The county governing body is authorized to impound, sell, kill, or otherwise destroy dogs found at large contrary to ordinances.

(4) Nothing in this section restricts the governing body from enacting dog control measures in a portion of the county only

7-23-102. Seizure and impounding of dogs running at large without tag. Any dog found running at large without a valid current dog license tag issued by the authority of a county or municipal corporation pursuant to the provisions of this part, part 21, and

1. 7-23-4103 may be seized and impounded by any sheriff, deputy sheriff, policeman, game warden, county poundmaster, or other law enforcement officer.

7-23-2109. Vicious dog control. (1) The county governing body may regulate, restrain, control, kill, or quarantine any vicious dog, whether such dog is licensed or unlicensed, by the adoption of an ordinance which substantially complies with the provisions of 1. 7-5-103 through 7-5-107.

(2) A violation of any ordinance established as provided in subsection (1) is a misdemeanor.

(3) For purposes of this section, a "vicious dog" is defined as one which bites or attempts to bite any human being without provocation or which harasses, chases, bites, or attempts to bite any other animal. The term "animal" includes all livestock and any domestic pet.

27-1-715. Liability of owner of vicious dog. (1) The owner of any dog which shall without provocation bite any person while such person is on or in a public place or lawfully on or in a private place, including the property of the owner of such dog, located within an incorporated city or town shall be liable for such damages as may be suffered by the person bitten regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.

(2) A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States of America or when he is on such property as an invitee or licensee of the person lawfully in possession of the property.

23-101. Dog collar and license tag required. It shall be unlawful, where this part, part 21, and 1. 7-23-4103 apply, for any person to own, harbor, or keep any dog over the age of 5 months or to permit such a dog owned, harbored, or controlled by him to run at large unless the dog has attached to its neck a substantial collar on which is fastened a license tag issued by the authority of a county or a municipal corporation for the purpose of identifying the dog and designating the owner; provided, however, that it shall be lawful to remove such collar and license tag when such dog is under the immediate control of its owner or his agent.

Nebraska

28-1009.01. Violence on a service dog; interference with a service dog; penalty.

(1) A person commits the offense of violence on a service dog when he or she (a) intentionally injures, harasses, or threatens to injure or harass or (b) attempts to intentionally injure, harass, or threaten a dog that he or she knows or has reason to believe is a dog guide for a blind or visually impaired person, a hearing aid dog for a deaf or hearing-impaired person, or a service dog for a physically limited person.

(2) A person commits the offense of interference with a service dog when he or she (a) intentionally impedes, interferes, or threatens to impede or interfere or (b) attempts to intentionally impede, interfere, or threaten to impede or interfere with a dog that he or she knows or has reason to believe is a dog guide for a blind or visually impaired person, a hearing aid dog for a deaf or hearing-impaired person, or a service dog for a physically limited person.

(3) Evidence that the defendant initiated or continued conduct toward a dog as described in subsection (1) or (2) of this section after being requested to avoid or discontinue such conduct by the blind, visually impaired, deaf, hearing-impaired, or physically limited person being served or assisted by the dog shall create a rebuttable presumption that the conduct of the defendant was initiated or continued intentionally.

(4) For purposes of this section:

(a) Blind person means a person with totally impaired vision or with vision, with or without correction, which is so severely impaired that the primary means of receiving information is through other sensory input, including, but not limited to, braille, mechanical reproduction, synthesized speech, or readers;

(b) Deaf person means a person with totally impaired hearing or with hearing, with or without amplification, which is so severely impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling, or reading;

(c) Hearing-impaired person means a person who is unable to hear air conduction thresholds at an average of forty decibels or greater in the person's better ear;

(d) Physically limited person means a person having limited ambulatory abilities, including, but not limited to, having a permanent impairment or condition that requires the person to use a wheelchair or to walk with difficulty or insecurity to the extent that the person is insecure or exposed to danger; and

(e) Visually impaired person means a person having a visual acuity of 20/200 or less in the person's better eye with correction or having a limitation to the person's field of vision so that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees.

(5) Violence on a service dog or interference with a service dog is a Class III misdemeanor.

Nevada

NEVADA GUIDE DOG PROTECTION LAWS

NRS 426.041 "Blind person" defined. "Blind person" means any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20?. (Added to NRS by 1981, 1916)

NRS 426.075 "Guide dog" defined. "Guide dog" means a dog which has been or is being specially trained by or in conjunction with a school for guide dogs to lead in harness and serve as an aid to the mobility of a particular blind person. (Added to NRS by 1981, 1916; A 1987, 823)

NRS 426.085 "School for guide dogs" defined. "School for guide dogs" means a school which trains dogs to be guide dogs and which is approved by the division. (Added to NRS by 1981, 1916)

NRS 426.790 Interfering with, beating, harassing, intimidating or killing guide dog or other service animal unlawful; penalty.

1. A person shall not willfully and maliciously:

(a) Interfere with;

(b) Beat, harass or intimidate; or

(c) Kill, a guide dog, hearing dog, helping dog or other service animal.

2. Any person who violates:

(a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.

(b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.

(c) Paragraph (c) of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS

NRS 193.130 Categories and punishment of felonies.

1. Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.

(e) A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100, upon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate. Such conditions of probation may include, but are not limited to, requiring the person to serve a term of confinement of not more than 1 year in the county jail. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater penalty is authorized or required by statute. [1911 C&P § 18; RL § 6283; NCL § 9967]—(NRS A 1967, 458; 1995, 1167; 1997, 1177; 1999, 1186)

New Hampshire

CHAPTER 167-D
HEARING EAR DOGS, GUIDE DOGS, SERVICE DOGS, AND SEARCH AND RESCUE DOGS

Section 167-D:7

167-D:7 Prohibited Acts. –
I. It is unlawful for a person, directly or indirectly, either to prohibit, hinder, or interfere with a visually, hearing, or mobility impaired master who otherwise complies with the limitations applicable to persons with normal hearing, sight, or mobility.
II. It is unlawful for any person to fit a dog with a collar, leash, or harness of the type which represents that the dog is a hearing ear dog, guide dog, or service dog, if in fact said dog is not and to thus use the dog to misrepresent the physical status of said person.
Source. 1983, 275:1. 1987, 404:25. 1989, 45:7. 1990, 131:4, eff. June 18, 1990.

CHAPTER 167-D
HEARING EAR DOGS, GUIDE DOGS, SERVICE DOGS, AND SEARCH AND RESCUE DOGS

Section 167-D:9

167-D:9 Penalty. – Any person violating any provision of this chapter shall be guilty of a misdemeanor.
Source. 1983, 275:1, eff. Aug. 17, 1983.

New Jersey

10:5-29.5. Violations of act, misrepresentation of guide dog or intentional interference with rights of disabled person accompanied by guide or service dog; fine

Any person who violates the provisions of P.L.1977, c. 456 in a manner not otherwise prohibited by P.L.1945, c. 169 (C.10:5-1 et seq.), or who fits a dog with a harness of the type commonly used by blind persons in order to represent that such dog is a guide dog when training of the type that guide dogs normally receive has not in fact, been provided, or who otherwise 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.

CREDIT(S)

L.1977, c. 456, § 7, eff. March 2, 1978. Amended by L.2005, c. 258, § 1, eff. March 5, 2006.

New Mexico

1. NEW MEXICO ASSISTANCE DOG LAW

CHAPTER 28 HUMAN RIGHTS

ARTICLE 11 HEARING EAR AID DOGS

28-11-5. Findings and purpose; interference with assistance dog prohibited; criminal and civil penalties.

A. The legislature finds that unrestrained dogs constitute a danger to assistance dogs and public safety. The purpose of this section is to protect persons with disabilities and assistance dogs from attack by unrestrained dogs.

B. As used in this section, "assistance dog" means a dog that has been or is being trained for persons with a hearing, sight or other physical disability or impairment.

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

(1) intentionally interfere with the use of a service dog by harassing or obstructing the service dog user or the service dog; or

(2) intentionally fail or refuse to control his animal, and the animal interferes with or obstructs the service dog user or the service dog.

D. The provisions of this section shall not apply to animals on private property not open to the public.

E. 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 the cost of veterinary bills and replacement and training costs of the service animal, if required as a result of the violation.

F. Nothing in this section shall be construed to preclude any other remedies otherwise available pursuant to common law or the NMSA 1978.

G. As used in this section, "assistance animal" includes an animal recognized as a service animal pursuant to the Americans with Disabilities Act of 1990.

Bill Text - S02373

New York

§ 121-b. Offenses against service animals and handlers

1. Definitions. For purposes of this section:
(a) "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.
(b) "Disability" shall have the same meaning as provided in section two hundred ninety-two of the executive law.
(c) "Handler" shall mean a disabled person using a service animal.
(d) "Formal training program" or "certified trainer" shall mean an institution, group or individual who has documentation and community recognition as a provider of service animals.
2. 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 one thousand dollars in addition to any other applicable penalties.
3. 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, where the animal causing such injury has previously been determined to be dangerous pursuant to this article, shall be guilty of a violation punishable by a fine of not more than two thousand dollars, or by a period of imprisonment not to exceed fifteen days, or by both such fine and imprisonment in addition to any other applicable penalties.
4. The handler of the service animal incapacitated, injured or killed shall have the 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.
CREDIT(S)
(Added L.2007, c. 582, § 2, eff. Nov. 1, 2007.)

North Carolina

Updated GD Protection Law S1058: (9/27/05)
AN ACT to EXPAND THE SCOPE OF THE criminal offense OF assault On AN assistance animal AND TO REQUIRE RESTITUTION.

SECTION 1. G.S.14‑163.1 reads as rewritten:
"§ 14‑163.1. Assaulting a law enforcement agency animal or an assistance animal.
(a) The following definitions apply in this section:
(1) 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.
(2) Law enforcement agency animal. – An animal that is trained and may be used to assist a law enforcement officer in the performance of the officer's official duties.
(3).Harm. – Any injury, illness, or other physiological or any behavioral impairment that impedes or interferes with duties performed by a law enforcement agency animal or an assistance animal.
(4) Serious Harm that does any of the following:
a. Creates a substantial risk of death.
b. Causes maiming or causes substantial loss or impairment of bodily function.
c. Causes acute pain of a duration that results in substantial suffering.
d. Requires retraining of the law enforcement agency animal or assistance animal.
e. Requires retirement of the law enforcement agency animal or assistance animal from performing duties.
(b) Any person who knows or has reason to know that an animal is a law enforcement agency animal or an assistance animal and who willfully causes or attempts to cause serious physical harm to the animal is guilty of a Class I felony.
(c) Unless the conduct is covered under some other provision of law providing greater punishment, any person who knows or has reason to know that an animal is a law enforcement agency animal or an assistance animal and who willfully causes or attempts to cause physical harm to the animal is guilty of a Class 1 misdemeanor.
(d) Unless the conduct is covered under some other provision of law providing greater punishment, any person who knows or has reason to know that an animal is a law enforcement agency animal or an assistance 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 or assistance animal is guilty of a Class 2 misdemeanor.
(d1) A defendant convicted of a violation of this section shall be ordered to make restitution to the person with a disability, or to a person, group, or law enforcement agency who owns or is responsible for the care of the law enforcement agency animal for any of the following as appropriate:
(1) Veterinary, medical care, and boarding expenses for the assistance animal or law enforcement animal.
(2) Medical expenses for the person with the disability relating to the harm inflicted upon the assistance animal.
(3) Replacement and training or retraining expenses for the assistance animal or law enforcement animal.
(4) Expenses incurred to provide temporary mobility services to the person with a disability.
(5) Wages or income lost while the person with a disability is with the assistance animal receiving training or retraining.
(6) The salary of the law enforcement agency animal handler as a result of the lost services to the agency during the time the handler is with the law enforcement agency animal receiving training or retraining.
(7) Any other expense reasonably incurred as a result of the offense.
(e) This section shall not apply to a licensed veterinarian whose conduct is in accordance with Article 11 of Chapter 90 of the General Statutes.
(f) Self-defense is an affirmative defense to a violation of this section.
(g) Nothing in this section shall affect any civil remedies available for violation of this section."

North Dakota

CHAPTER 42-03 DOGS AS PUBLIC NUISANCE

42-03-01. When dogs are a public nuisance. Any dog that habitually molests a person traveling peaceably on the public road or street is a public nuisance. Upon written complaint to a district or municipal judge describing the dog, giving the name of the dog and the dog's owner if known, and, if not, so stating, and alleging that the dog is a public nuisance, the district or municipal judge shall give notice to the dog's owner that a complaint has been filed that the dog has been molesting certain persons and that the owner shall take the necessary action to prevent the dog from any further violations of this chapter. If the district or municipal judge receives a further complaint regarding the dog after notice has been given under this section, the judge shall issue a summons, if the owner is known, commanding the owner to appear before the judge in the same manner as other court summonses.

Ohio

OH ST § 955.011; 43; OH ST § 2921.321
(C) No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:

(1) The dog is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted.

(2) The dog is not assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is an assistance dog.

(D) No person shall recklessly do any of the following:

(1) Taunt, torment, or strike an assistance dog;

(2) Throw an object or substance at an assistance dog;

(3) Interfere with or obstruct an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person who is being assisted or served by an assistance dog, in a manner that does any of the following:

(a) Inhibits or restricts the assisted or served person's control of the dog;

(b) Deprives the assisted or served person of control of the dog;

(c) Releases the dog from its area of control;

(d) Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;

(e) Inhibits or restricts the ability of the dog to assist the assisted or served person.

(4) Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;

(5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person or that the person knows is an assistance dog.

(E)(1) Whoever violates division (A) of this section is guilty of assaulting a police dog or horse. Except as otherwise provided in this division, assaulting a police dog or horse is a misdemeanor of the second degree. If the violation results in the death of the police dog or horse, assaulting a police dog or horse is a felony of the third degree. If the violation results in serious physical harm to the police dog or horse other than its death, assaulting a police dog or horse is a felony of the fourth degree. If the violation results in physical harm to the police dog or horse other than death or serious physical harm, assaulting a police dog or horse is a misdemeanor of the first degree.

(2) Whoever violates division (B) of this section is guilty of harassing a police dog or horse. Except as otherwise provided in this division, harassing a police dog or horse is a misdemeanor of the second degree. If the violation results in the death of the police dog or horse, harassing a police dog or horse is a felony of the third degree. If the violation results in serious physical harm to the police dog or horse, but does not result in its death, harassing a police dog or horse, is a felony of the fourth degree. If the violation results in physical harm to the police dog or horse, but does not result in its death or in serious physical harm to it, harassing a police dog or horse is a misdemeanor of the first degree.

(3) Whoever violates division (C) of this section is guilty of assaulting an assistance dog. Except as otherwise provided in this division, assaulting an assistance dog is a misdemeanor of the second degree. If the violation results in the death of the assistance dog, assaulting an assistance dog is a felony of the third degree. If the violation results in serious physical harm to the assistance dog other than its death, assaulting an assistance dog is a felony of the fourth degree. If the violation results in physical harm to the assistance dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree.

(4) Whoever violates division (D) of this section is guilty of harassing an assistance dog. Except as otherwise provided in this division, harassing an assistance dog is a misdemeanor of the second degree. If the violation results in the death of the assistance dog, harassing an assistance dog is a felony of the third degree. If the violation results in serious physical harm to the assistance dog, but does not result in its death, harassing an assistance dog is a felony of the fourth degree. If the violation results in physical harm to the assistance dog, but does not result in its death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree.

(5) In addition to any other sanction or penalty imposed for the offense under this section, Chapter 2929., or any other provision of the Revised Code, whoever violates division (A), (B), (C), or (D) of this section is responsible for the payment of all of the following:

(a) Any veterinary bill or bill for medication incurred as a result of the violation by the police department regarding a violation of division (A) or (B) of this section or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog regarding a violation of division (C) or (D) of this section;

(b) The cost of any damaged equipment that results from the violation;

(c) If the violation did not result in the death of the police dog or horse or the assistance dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or an assistance dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog;

(d) If the violation resulted in the death of the police dog or horse or the assistance dog that was the subject of the violation or resulted in serious physical harm to that dog or horse to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance dog by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.

(F) This section does not apply to a licensed veterinarian whose conduct is in accordance with Chapter 4741. of the Revised Code.

(G) This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or an assistance dog.

(H) As used in this section:

(1) "Physical harm" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.

(2) "Police dog or horse" means a dog or horse that has been trained, and may be used, to assist law enforcement officers in the performance of their official duties.

(3) "Serious physical harm" means any of the following:

(a) Any physical harm that carries a substantial risk of death;

(b) Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming;

(c) Any physical harm that causes acute pain of a duration that results in substantial suffering.

(4) " Assistance dog," "blind," and "mobility impaired person" have the same meanings as in section 955.011 of the Revised Code.

CREDIT(S)

(2006 H 530, eff. 6-30-06; 2004 H 369, eff. 11-26-04; 2000 H 701, eff. 4-9-01; 1995 S 2, eff. 7-1-96; 1994 S 116, eff. 9-29-94)

Oklahoma

Statutes Annotated Currentness. Title 21. Crimes and Punishments. Part III. Crimes Against The Person. Chapter 20. Assault and Battery.
§ 649.3. Harming, mistreating or killing service animal--Willful interference with service animal's performance--Permitting animal to fight, injure or kill service animal--Penalties--Exemption from registration or license fees
A. No person shall willfully harm, including torture, torment, beat, mutilate, injure, disable, or otherwise mistreat or kill a service animal that is used for the benefit of any handicapped person in the state.
B. No person including, but not limited to, any municipality or political subdivision of the state, shall willfully interfere with the lawful performance of any service animal used for the benefit of any handicapped person in the state.
C. Except as provided in subsection D of this section, any person convicted of violating any of the provisions of this section shall be guilty of a misdemeanor, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not exceeding one (1) year, or by both such fine and imprisonment.
D. Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section, during the commission of a misdemeanor or felony, shall be guilty of a felony, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Department of Corrections not exceeding two (2) years, or by both such fine and imprisonment.
E. Any person who encourages, permits or allows an animal owned or kept by such person to fight, injure, disable or kill a service animal used for the benefit of any handicapped person in this state, or to interfere with a service animal in any place where the service animal resides or is performing, shall, upon conviction, be guilty of a misdemeanor punishable as provided in subsection C of this section. In addition to the penalty imposed, the court shall order the violator to make restitution to the owner of the service animal for actual costs and expenses incurred as a direct result of any injury, disability or death caused to the service animal, including but not limited to costs of replacing and training any new service animal when a service animal is killed, disabled or unable to perform due to injury. For purpose of this subsection, when a person informs the owner of an animal that the animal is a threat and requests the owner to control or contain the animal and the owner disregards the request, the owner shall be deemed to have encouraged, permitted or allowed any resulting injury to or interference with a service animal.
F. Notwithstanding any ordinance in effect as of the effective date of this act, [FN1] no municipality or political subdivision of the state, or any official thereof, may enact or enforce any ordinance or rule that requires any registration or licensing fee for any service animal as defined in this section that is used for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment. Any official violating the provisions of this paragraph shall be guilty of a misdemeanor punishable by a fine of not less than Fifty Dollars ($50.00).
G. As used in this section, "service animal" means an animal that is trained for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment.
CREDIT(S)

Oregon

OREGON GUIDE DOG PROTECTION LAW

Oregon Revised Statutes, Chapter 346

1999 EDITION

Programs for Blind or Deaf Persons
346.687 Damages recoverable for harm or theft of assistance animal. (1) In addition to and not in lieu of any other penalty provided by state law, a physically impaired person who uses an assistance animal or the owner of an assistance animal may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the assistance animal. The physically impaired person or owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks an assistance animal. The action authorized by this subsection may be brought by the physically impaired person or owner even if the assistance animal was in the custody or under the supervision of another person when the theft or attack occurred.
(2) If the theft of or unprovoked attack on an assistance animal described in subsection (1) of this section results in the death of the animal or the animal is not returned or if injuries sustained in the theft or attack prevent the animal from returning to service as an assistance animal, the measure of economic damages shall include, but need not be limited to, the replacement value of an equally trained assistance animal, without any differentiation for the age or the experience of the animal. In addition, the physically impaired person or owner may recover any other costs and expenses, including, but not limited to, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, incurred as a result of the theft of or injury to the animal.
(3) If the theft of or unprovoked attack on an assistance animal described in subsection (1) of this section results in injuries from which the animal recovers and returns to service, or if the animal is stolen but is recovered and returns to service, the measure of economic damages shall include, but need not be limited to, the veterinary medical expenses, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, and any other costs and expenses incurred by the physically impaired person or owner as a result of the theft of or injury to the animal.
(4) No cause of action arises under this section if the physically impaired person, owner or the person having custody or supervision of the assistance animal was committing a criminal or civil trespass at the time of the theft of or attack on the assistance animal.
(5) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court. [1993 c.312 s.2; 1995 c.618 s.68]
346.991 Penalties. (1) Violation of ORS 346.167 is punishable, upon conviction, by a fine of not more than $1,000 or by imprisonment in the county jail for not more than 60 days, or both.
(2) Violation of ORS 346.620 (1) or (2) is a Class C misdemeanor.
(3) Violation of ORS 346.650 or 346.660 is a Class C misdemeanor.
(4) Violations of ORS 90.390 and 346.680 to 346.690 are subject to the penalties provided in subsections (1) to (3) of this section. [Subsection (1) enacted as 1971 c.312 s.6; subsection (2) derived from 346.620; 1981 c.771 s.2; subsection (3) enacted as 1981 c.771 s.6; subsection (4) enacted as 1989 c.336 s.5; 1993 c.369 s.38]

Pennsylvania

Pennsylvania Guide Dog Protection Law (2012)

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for the offense of
cruelty to animals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5511 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding subsections to read:
5511. Cruelty to animals.
(a.1) Guide dogs.--

(1) A person commits a misdemeanor of the third degree
if he is the owner or co-owner of a dog that kills, maims or
disfigures a guide dog of an individual who is blind, a
hearing dog of an individual who is deaf or audibly impaired
or a service dog of an individual who is physically limited
without provocation by the guide, hearing or service dog or
the individual.
(2) A person commits an offense under this subsection
only if the person knew or should have known that the dog he
owns or co-owns had a propensity to attack human beings or
domestic animals without provocation and the owner or co-
owner knowingly or recklessly failed to restrain the dog or
keep the dog in a contained, secure manner.
(3) Any person convicted of violating the provisions of
this subsection shall be sentenced to pay a fine of
not more than $5,000 and shall be ordered to make reparations
for veterinary costs in treating the guide, hearing or
service dog and, if necessary, the cost of obtaining and
training a replacement guide, hearing or service dog.
* * *

(a.2) Civil penalty and restitution.--
(1) A person who is the owner or co-owner of a dog that
kills, maims or disfigures a guide dog of an individual who
is blind, a hearing dog of an individual who is deaf or
audibly impaired or a service dog of an individual who is
physically limited shall be subject to paragraph (2) if all
of the following apply:
20110HB0165PN3560

(i) The owner or co-owner knew the dog had a
propensity to attack human beings or domestic animals.
(ii) The owner or co-owner failed to restrain the
dog or keep the dog in a contained, secure manner.
(2) A court of common pleas may impose any of the
following upon any person who is the owner or co-owner of a
dog under paragraph (1):
(i) A civil penalty of up to $15,000.
(ii) Reparations for veterinary costs in treating the guide, hearing or service dog and, if
necessary, the cost of retraining the dog or of obtaining and training a replacement guide,
hearing or service dog. (iii) Loss of income for the time the individual is unable to work
due to the unavailability of the guide, hearing or service dog.

Rhode Island

State of Rhode Island General Laws

TITLE 4 Animals and Animal Husbandry
CHAPTER 4-13 Dogs
SECTION 4-13-16.1

§ 4-13-16.1 Injury to seeing-eye dogs or persons who are visually impaired– Damages.
– If any dog kills, wounds, or worries, or assists in killing, wounding, or worrying, any seeing- eye dog certified for use as a guide-dog for a person who is blind or visually impaired, belonging to or in the possession of any person who is blind or visually impaired and under harness or engaged in the act of guiding its owner, or if any dog assaults, bites, or otherwise injures any person who is blind or visually impaired while traveling the highway or out of the enclosure of the owner or keeper of that dog, the owner or keeper of the dog shall be liable to the person who is blind or visually impaired aggrieved for double all damages sustained, to be recovered in a civil action, with costs of suit. If afterwards this damage is done by that dog, the owner or keeper of the dog shall pay to the party aggrieved treble damages, to be recovered in the same manner, and an order shall be made by the court before whom the second recovery is made, for killing the dog. The order shall be executed by the officer charged with the execution of the order and it shall not be necessary, in order to sustain this action, to prove that the owner or keeper of this dog knew that the dog was accustomed to causing these damages.

South Carolina

South Carolina Guide Dog Protection Bill S36 Final Version

2003 Legislative Session 115
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS, TO DEFINE CERTAIN TERMS, AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Protection of guide dogs
SECTION 1. Title 47 of the 1976 Code is amended by adding:
"Article 15 Protection of Guide Dogs Section 47-3-910.
This article may be cited as 'Layla's Law'.
Section 47-3-920. For purposes of this article:
(1) 'Guide dog' means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.
(2) 'Humane euthanasia' means the termination of a terminally ill or critically injured guide dog or service animal's life by a means that produces a rapid and minimally painful death as provided in Section 47-3-420.
(3) 'Notice' means an actual verbal or written warning prescribing the behavior of another person and a request that the person stop the behavior.
(4) 'Service animal' means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.
(5) 'Value' means the value to the guide dog or service animal user and does not refer to the cost or fair market value.
Section 47-3-930.
(A) It is unlawful for a person who has received notice that his behavior is interfering with the use of a guide dog or service animal to continue with reckless disregard to interfere with the use of a guide dog or service animal by obstructing, intimidating, or jeopardizing the safety of the guide dog or service animal or its user.
(B) It is unlawful for a person with reckless disregard to allow his dog that is not contained by a fence, a leash, or another containment system to interfere with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog or service animal or its user.
(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor triable in magistrate's court and, upon conviction, is subject to the maximum fines and terms of imprisonment in magistrate's court.
Section 47-3-940.
(A) It is unlawful for a person with reckless disregard to injure, disable, or cause the death of a guide dog or service animal.
(B) It is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal.
(C) A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than six months, or both.
Section 47-3-950.
(A) It is unlawful for a person to wrongfully obtain or exert unauthorized control over a guide dog or service animal with the intent to deprive the guide dog or service animal user of his guide dog or service animal.
(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not less than one year, or both.
Section 47-3-960.
(A) It is unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense or humane euthanasia.
(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both.
Section 47-3-970.
(A) A defendant convicted of a violation of this article may be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user, which arise out of or are related to the criminal offense.
(B) Restitution for a conviction under this article includes, but is not limited to:
(1) the value of the replacement of an incapacitated or deceased guide dog or service animal, the training of a replacement guide dog or service animal, or retraining of the affected guide dog or service animal and related veterinary and care expenses; and
(2) medical expenses of the guide dog or service animal user, training of the guide dog or service animal user, and compensation for wages or earned income lost by the guide dog or service animal user.
(C) This article does not affect civil remedies available for conduct punishable under this article. Restitution paid pursuant to this article must be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment."

South Dakota

Title 40. Animals and Livestock. Chapter 40-1. Cruelty, Abuse and Injury to Animals. Title 22. Crimes. Chapter 22-22
40-1-38. Harassment of service animal accompanying disabled person prohibited
No person may maliciously beat, injure, attempt to injure, harass, intimidate, entice, distract, or otherwise interfere with any service animal accompanying a person with a disability if the service animal is being controlled by the person and the service animal is wearing a harness or other control device normally used for service animals accompanying or leading persons with disabilities. A violation of this section is a Class 2.

Tennessee

44-17-403. Death of pet caused by negligent act of another - Damages.

(a) (1) If a person's pet is killed or sustains injuries which result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if such death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker.

(2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.

(b) As used in this section, "pet" means any domesticated dog or cat normally maintained in or near the household of its owner.

(c) Limits for noneconomic damages set out in subsection (a) shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.

(d) Noneconomic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet.

(e) This section shall not apply to any not-for-profit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; to any killing of a dog that has been or was killing or worrying livestock as in § 44-17-203; nor shall this section be construed to authorize any award of noneconomic damages in an action for professional negligence against a licensed veterinarian

44-17-404. Recovery for death or injury to guide dogs.

If a person's guide dog is killed or sustains injuries that result in death or permanent disability caused by the unlawful and intentional, or negligent, act of another or the animal of another, then the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for economic damages which shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.

44-17-120. Destruction of dog causing death or serious injury to human - Notice to dog's owner.

(a) Any dog which attacks a human and thereby causes death or serious injury may be destroyed upon the order of the judge of the circuit court of the county wherein the attack occurred. Such orders shall be granted on the petition of the district attorney general for the county. The petition shall name the owner of the dog, and the owner shall be given notice as in civil cases, that if the owner does not appear before the court within five (5) days of the receipt thereof and show cause why the dog should not be destroyed, then the order shall issue and the dog shall be destroyed.

(b) Notwithstanding the provisions of subsection (a), in counties having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000) according to the 1990 federal census or any subsequent federal census, a municipality or county is authorized to adopt local ordinances authorizing the municipality or the county to appropriately petition in a general sessions court to provide for the disposition of dangerous dogs and/or dogs causing death or serious injury to humans or other animals.

Texas

Texas Guide Dog Protection Bill H.B. No. 2881

AN ACT relating to prohibiting an attack on an assistance animal; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 121.003(j), Human Resources Code, is amended to read as follows:
(j) A person may not assault, harass, interfere with, kill,or injure in any way, or attempt to assault, harass, interfere with, kill, or injure in any way, an assistance animal.
SECTION 2. Chapter 42, Penal Code, is amended by adding Section 42.091 to read as follows:
Sec. 42.091. ATTACK ON ASSISTANCE ANIMAL.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly attacks, injures, or kills an assistance animal
(b) A person commits an offense if the person intentionally, knowingly, or recklessly incites or permits an animal owned by or otherwise in the custody of the actor to attack, injure, or kill an
assistance animal and, as a result of the person's conduct, the assistance animal is attacked, injured, or killed.
(c) An offense under this section is a:
(1) Class A misdemeanor if the actor or an animal owned by or otherwise in the custody of the actor attacks an assistance animal;
(2) state jail felony if the actor or an animal owned by or otherwise in the custody of the actor injures an assistance animal; or
(3) felony of the third degree if the actor or an animal owned by or otherwise in the custody of the actor kills an assistance animal.
(d) A court shall order a defendant convicted of an offense under Subsection (a) to make restitution to the owner of the assistance animal for:
(1) related veterinary or medical bills;
(2) the cost of:
(A) replacing the assistance animal; or
(B) retraining an injured assistance animal by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide special equipment for or special training to an animal to help a person with a disability; and
(3) any other expense reasonably incurred as a result of the offense.
(e) In this section:
(1) "Assistance animal" has the meaning assigned by Section 121.002, Human Resources Code.
(2) "Custody" has the meaning assigned by Section 42.09.

Utah

1. UTAH GUIDE DOG PROTECTION LAW

(Protection of guide dogs from being chased, harassed, injured or killed by a person or their animal)

Utah Code and Constitution

Title 76 -- Utah Criminal Code

Chapter 09 -- Offenses Against Public Order and Decency

76-9-307.Injury to service animals -- Penalties.

(1) As used in this section:

(a) "Assistance animal" means an animal that is trained or is in training to:

(i) lead or guide a person who is blind or has a visual disability;

(ii) assist a person who has a physical disability, including hearing impairment or deafness; or

(iii) assist a person who has a mental disability.

(b) "Person with a disability" means a person who is blind, visually impaired, deaf, hearing impaired, or otherwise has a physical or mental disability.

(2) It is a class A misdemeanor for a person to knowingly, intentionally, or recklessly cause substantial bodily injury or death to an assistance animal.

(3) 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:

(a) any substantial bodily injury or the death of an assistance animal; or

(b) the assistance animal's subsequent inability to function as an assistance animal as a result of the animal's attacking, chasing, or harassing the assistance animal.

(4) It is a class B misdemeanor for a person to chase or harass an assistance animal.

(5) 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 an assistance animal while it is carrying out its functions as an assistance animal, to the extent that the animal temporarily interferes with the assistance animal's ability to carry out its functions.

(6) (a) An assistance animal is exempt from quarantine or other animal control ordinances if it bites any person while it is subject to an offense under Subsection (2), (3), (4), or (5).

(b) The owner of the assistance animal or the person with a disability whom the assistance animal serves shall make the animal available for examination at any reasonable time and shall notify the local health officer if the animal exhibits any abnormal behavior.

(7) In addition to any other penalty, a person convicted of any violation of this section is liable for restitution to the owner of the assistance animal or the person with disabilities whom the assistance animal serves for the replacement, training, and veterinary costs incurred as a result of the violation of this section.

(8) If the act committed under this section amounts to an offense subject to a greater penalty under another provision of Title 76, Utah Criminal Code, than is provided under this section, this section does not prohibit prosecution and sentencing for the more serious offense.

Vermont

TITLE THIRTEEN. Crimes and Criminal Procedure
PART 1. CRIMES
CHAPTER 8. Humane and Proper Treatment of Animals
SUBCHAPTER 1. Cruelty to Animals

355. Interference with or cruelty to a guide dog

(a) As used in this section:
(1) "Custody" means the care, control, and maintenance of a dog.
(2) "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.
(3) "Notice" means:
(A) a verbal or otherwise communicated warning regarding the behavior of another person and a request that the person stop the behavior; and
(B) a written confirmation submitted to the local law enforcement agency, either by the owner of the guide dog or another person on his or her behalf which shall include a statement that the warning and request was given and the person's telephone number.
(b) 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.
(c) 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.
(d) 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.
(e) A violation of subsection (d) of this section shall constitute notice as defined in subdivision (a)(3) of this section.
(f) As provided in section 7043 of this title, restitution shall be considered by the court in any sentencing under this section if the victim has suffered any material loss. Material loss for purposes of this section means uninsured:
(1) veterinary medical expenses;
(2) costs of temporary replacement assistance services, whether provided by a person or guide dog;
(3) replacement value of an equally trained guide dog without any differentiation for the age or experience of the dog;
(4) loss of wages; and
(5) costs and expenses incurred by the person as a result of the injury to the guide dog.

Virginia

§ 3.1-796.128:1. Intentional interference with a guide or leader dog; penalty.
A. It is unlawful for a person 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. A violation of this subsection is punishable as a Class 3 misdemeanor.
B. It is unlawful for a person 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. A violation of this subsection is punishable as a Class 1 misdemeanor.
"Guide or leader dog" means a dog that (i) serves as a dog guide for a blind person as defined in § 51.5-60 or for a person with a visual disability, (ii) serves as a listener for a deaf or hard-of-hearing person as defined in § 51.5-111, or (iii) provides support or assistance for a physically disabled or handicapped person.
§ 3.1-796.128. Unlawful acts; penalties.
A. The following shall be unlawful acts and constitute Class 4 misdemeanors:
1. License application. - For any person to make a false statement in order to secure a dog or cat license to which he is not entitled.
2. License tax. - For any dog or cat owner to fail to pay any license tax required by this chapter before February 1 for the year in which it is due. In addition, the court may order confiscation and the proper disposition of the dog or cat.
3. Leash ordinance. - For any dog owner to allow a dog to run at large in violation of an ordinance passed pursuant to § 3.1-796.95.

Washington

WASHINGTON GUIDE DOG PROTECTION LAW

(Protection from interference, injury, disability, death by a person or their dog; protection from theft or unauthorized control by a person)
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. This act may be known and cited as Layla's Law.
Sec. 2. A new section is added to chapter 9.91 RCW to read as follows:
(1)(a) Any person who has received notice that his or her behavior is interfering with the use of a dog guide or service animal who continues 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 is guilty of a misdemeanor punishable according to chapter 9A.20 RCW, except that for a second or subsequent offense it is a gross misdemeanor.
(b) Any person who, with reckless disregard, allows his or her dog 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 is guilty of a misdemeanor punishable according to chapter 9A.20 RCW, except that for a second or subsequent offense it is a gross misdemeanor.
(2)(a) Any person who, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal is guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW.
(b) Any person who, with reckless disregard, allows his or her dog to injure, disable, or cause the death of a dog guide or service animal is guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW.
(3) Any person who intentionally injures, disables, or causes the death of a dog guide or service animal is guilty of a class C felony.
(4) 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, RCW 9A.56.030.
(5)(a) In any case in which the defendant is convicted of a violation of this section, he or she shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the dog guide or service animal user and the dog guide or service animal which arise out of or are related to the criminal offense.
(b) Restitution for a conviction under this section shall include, but is not limited to:
(i) The 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 and all related veterinary and care expenses; and (ii) Medical expenses of the dog guide or service animal user, training of the dog guide or service animal user, and compensation for wages or earned income lost by the dog guide or service animal user.
(6) Nothing in this section shall affect any civil remedies available for violation of this section.
(7) For purposes of this section, the following definitions apply:
(a) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.
(b) "Service animal" means an animal that is trained for the purposes of assisting or accommodating a disabled person's sensory, mental, or physical disability.
(c) "Notice" means a verbal or otherwise communicated warning prescribing the behavior of another person and a request that the person stop their behavior.
(d) "Value" means the value to the dog guide or service animal user and does not refer to cost or fair market value.

West Virginia

§19-20-13. Dog running at large; liability of owner.
Any owner or keeper of any dog who permits such dog to run at large shall be liable for any damages inflicted upon the person or property of another by such dog while so running at large.

§19-20-12. Dogs, other animals and reptiles protected by law; unlawful killing thereof; aggrieved owner's remedy; penalties; penalties for unlawful stealing of companion animals.
(a) Any dog which is registered, kept and controlled as provided in this article or any dog, cat or other animal or any reptile which is owned, kept and maintained as a companion animal by any person, irrespective of age, is protected by law; and, except as otherwise authorized by law, any person who shall intentionally, knowingly or recklessly kill, injure, poison or in any other manner, cause the death or injury of any dog, cat, other animal or any reptile is guilty of a misdemeanor and, upon conviction thereof, shall be ordered to provide public service for not less than thirty nor more than ninety days or fined not less than three hundred dollars nor more than five hundred dollars, or both. However, this section does not apply to a dog who is killed while attacking a person, a companion animal or livestock. Any person whose dog, cat, other animal or reptile as specified herein is killed or injured wrongfully or unlawfully by any other person shall have a right of action against the person who shall so kill or injure any dog, cat, animal or reptile.

Wisconsin

2005 - 2006 LEGISLATURE 2005 ASSEMBLY BILL 353
AN ACT to renumber and amend 951.18 (4) (a) 1.; to amend 951.18 (4) (a) 2.; and to create 951.01 (5), 951.097, 951.18 (2s), 951.18 (4) (a) 1. a., 951.18 (4) (a) 1. b., 951.18 (4) (a) 1. c., 951.18 (4) (a) 1. d., 951.18 (4) (a) 1. e. and 951.18 (4) (a) 1. f. of the statutes; relating to: harassment of, causing injury to, or theft of a service dog and providing penalties.

Analysis by the Legislative Reference Bureau
Under current law, no person may do any of the following to an animal that is used by a law enforcement agency or fire department to perform its functions or duties: 1) frighten, intimidate, threaten, abuse, or harass the animal; or 2) strike (with or without a weapon), shove, kick, or otherwise subject the animal to physical contact. (These prohibitions do not apply to acts done by or with the authorization of the animal's handler or rider or to acts done in the course of training the animal.) The penalties for violating these prohibitions depend on the extent of the harm inflicted on the animal and the mental state of the actor. Generally, an offender is subject to a forfeiture (a civil penalty) of up to $1,000. But if the person knows that the animal is used by a law enforcement agency or fire department to perform its functions or duties, the person is guilty of: 1) a Class A misdemeanor, if the violation is intentional or negligent; 2) a Class I felony, if the violation is intentional and the person causes injury to the animal; or 3) a Class H felony, if the violation is intentional and the person causes the death of the animal. (See the table below for the penalties that apply to these classes of crimes.)
MGD:wlj:pg
ASSEMBLY BILL 353
If a person is convicted of one of these crimes, the court must require the person to pay restitution to any person or entity incurring pecuniary loss as a result of the crime. Under current law, "pecuniary loss" includes: 1) the money equivalent of any loss or damage resulting from the offense; 2) reasonable out-of-pocket expenses incurred by the victim resulting from the filing of charges or cooperating in the investigation and prosecution of the crime; and 3) expenses in keeping any animal that is involved in the crime. This bill creates new crimes involving dogs that are trained for the purpose of assisting persons with sensory, mental, or physical disabilities or accommodating such disabilities (service dogs). Under the bill, a person who does any of the following, knowing that the dog involved is a service dog, is guilty of a Class A misdemeanor: 1) recklessly interferes with the use of a service dog by obstructing or intimidating it or otherwise jeopardizing its safety or the safety of its user after receiving a request to stop behavior that is interfering with the dog; 2) recklessly allows 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; or 3) recklessly injures a service dog or recklessly allows his or her dog to injure a service dog. In addition, a person who intentionally injures a service dog or intentionally allow his or her dog to injure a service dog, knowing that that dog is a service dog, is guilty of a Class I felony. A person who intentionally causes the death of a service dog or steals a service dog is guilty of a Class H felony.

The bill also makes the provisions in current law relating to restitution in cases involving law enforcement agency or fire department animals applicable to service dogs. In addition, the bill specifies that "pecuniary loss" includes the following for cases involving either law enforcement agency or fire department animals or service dogs: 1) the value of a replacement animal, if needed, the cost of training a replacement animal, or the cost of retraining the affected animal; 2) all related veterinary and care expenses; and 3) the medical expenses of the animal's user, the cost of training the animal's user, and compensation for income lost by the animal's user.

The following table lists the penalties that apply to crimes discussed in this analysis:
Crime Maximum fine Maximum term ofconfinement
Maximum sentencelength
Class A misdemeanor $10,000 9 months 9 months
Class I felony $10,000 1.5 years 3.5 years
Class H felony $10,000 3 years 6 years
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.
2005 - 2006 Legislature - 3 - LRB-2132/1
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ASSEMBLY BILL 353
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 951.01 (5) of the statutes is created to read:
951.01 (5) "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.
SECTION 2. 951.097 of the statutes is created to read:
951.097 Harassment of service dogs. (1) (a) Any person may provide notice to another person in any manner that the latter person's behavior is interfering with the use of a service dog and may request that the latter person stop engaging in that behavior.
(b) No person, after receiving a notice and request under par. (a) regarding a service dog, may 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.
(2) No person may 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.
(3) No person may recklessly injure a service dog or recklessly allow his or her dog to injure a service dog.
(4) No person may intentionally injure a service dog or intentionally allow his or her dog to injure a service dog.
(5) No person may intentionally cause the death of a service dog.
ASSEMBLY BILL 353 SECTION 2
(6) No person may 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.
SECTION 3. 951.18 (2s) of the statutes is created to read:
951.18 (2s) Any person who violates s. 951.097 (1) (b), (2), or (3), knowing that the dog that is the victim is a service dog, is guilty of a Class A misdemeanor. Any person who violates s. 951.097 (4), knowing that the dog that is the victim is a service dog, is guilty of a Class I felony. Any person who violates s. 951.097 (5) or (6), nowing that the dog that is the victim is a service dog, is guilty of a Class H felony.
SECTION 4. 951.18 (4) (a) 1. of the statutes is renumbered 951.18 (4) (a) 1. (intro.) and amended to read: 951.18 (4) (a) 1. (intro.) In this paragraph, "pecuniary loss" has the meaning described in s. 943.245 (1). means any of the following:
SECTION 5. 951.18 (4) (a) 1. a. of the statutes is created to read:
951.18 (4) (a) 1. a. All special damages, but not general damages, including the money equivalent of loss resulting from property taken, destroyed, broken, or otherwise harmed and out-of-pocket losses, such as medical expenses.
SECTION 6. 951.18 (4) (a) 1. b. of the statutes is created to read:
951.18 (4) (a) 1. b. Reasonable out-of-pocket expenses incurred by the victim resulting from the filing of charges or cooperating in the investigation and prosecution of an offense under this chapter.
SECTION 7. 951.18 (4) (a) 1. c. of the statutes is created to read:
951.18 (4) (a) 1. c. Expenses in keeping any animal that is involved in the crime.
SECTION 8. 951.18 (4) (a) 1. d. of the statutes is created to read:
ASSEMBLY BILL 353 SECTION 8
951.18 (4) (a) 1. d. In a case under s. 951.095 or 951.097, the value of a replacement animal, if the affected animal is incapacitated or dead; the cost of training a replacement animal; or the cost of retraining the affected animal. The court shall base any determination of the value of a replacement service dog on the value of the service dog to the user and not on its cost or fair market value.
SECTION 9. 951.18 (4) (a) 1. e. of the statutes is created to read:
951.18 (4) (a) 1. e. In a case under s. 951.095 or 951.097, all related veterinary and care expenses.
SECTION 10. 951.18 (4) (a) 1. f. of the statutes is created to read:
951.18 (4) (a) 1. f. In a case under s. 951.095 or 951.097, the medical expenses of the animal's user, the cost of training the animal's user, and compensation for income lost by the animal's user.
SECTION 11. 951.18 (4) (a) 2. of the statutes is amended to read:
951.18 (4) (a) 2. A sentencing court shall require a criminal violator to pay restitution to a person, including any local humane officer or society or county or municipal pound or a law enforcement officer or conservation warden, for any pecuniary loss suffered by the person as a result of the crime, including expenses in keeping any animal that is involved in the crime. This requirement applies regardless of whether the criminal violator is placed on probation under s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the criminal violator to pay and shall determine the method of payment. Upon the application of any interested party, the court shall schedule and hold an evidentiary hearing to determine the value of any pecuniary loss under this paragraph.

Wyoming

Wyoming Statutes. Title 35. Public Health and Safety. Chapter 13. Facilities in Public Buildings for Physically Handicapped. Article 2. Protection and Rights of Blind and Disabled Persons.

§ 35-13-206. Injuring or killing a service dog prohibited; penalties

(a) 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 dog as defined in W.S. 35-13-205(a)(i) is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
(b) A court shall order a defendant convicted of an offense under subsection (a) of this section to make restitution to the owner of the service dog for:
(i) Related veterinary or medical bills;
(ii) The cost of replacing the service dog or retraining an injured service dog by an organization generally recognized by agencies involved in the rehabilitation of persons with disabilities as reputable and competent to provide special equipment for or special training to an animal to help a person with a disability; and
(iii) Any other expense reasonably incurred as a result of the offense.
Laws 2005, ch. 41, § 1, eff. July 1, 2005.

Alberta

Alberta Statutes - Service Dogs Act
Citation: S.A. 2007, c. S-7.5 [To come into force January 1, 2009.]
Summary:
This Alberta, Canada law provides that no person shall deny to any person the accommodation, services or facilities available in any place to which the public is customarily admitted, or discriminate against any person for the reason that the person is a disabled person accompanied by a service dog or a certified dog-trainer accompanied by a dog in training. The law goes into effect January of 2009.
s 3. Discriminatory practices prohibited
3. Discriminatory practices prohibited
3(1)
No person, directly or indirectly, alone or with another, by himself or herself or by the interposition of another, shall
(a) deny to any person the accommodation, services or facilities available in any place to which the public is customarily admitted, or
(b) discriminate against any person with respect to the accommodation, services or facilities available in any place to which the public is customarily admitted or the charges for the use of them,
for the reason that the person is a disabled person accompanied by a service dog or a certified dog-trainer accompanied by a dog in training.
3(2)
No person, directly or indirectly, alone or with another, by himself or herself or by the interposition of another, shall
(a) deny to any person occupancy of any self-contained dwelling unit, or
(b) discriminate against any person with respect to any term or condition of occupancy of any self-contained dwelling unit,
for the reason that the person is a disabled person keeping or customarily accompanied by a service dog.
3(3)
Nothing in this section shall be construed to entitle
(a) a disabled person to require any accommodation, service or facility in respect of a service dog other than the right to be accompanied by the service dog, or
(b) a certified dog-trainer to require any accommodation, service or facility in respect of a dog in training other than the right to be accompanied by the dog in training.
3(4)
This section does not apply if the disabled person does not control the behaviour of the service dog or the certified dog-trainer does not control the behaviour of the dog in training.
s 4. Identification of service dogs
4. Identification of service dogs
4(1)
The Minister, or a person designated by the Minister in writing, may, on application, issue to a disabled person an identification card identifying the disabled person and that person's service dog.
4(2)
An identification card issued under subsection (1) is proof, in the absence of evidence to the contrary, that the disabled person and that person's service dog identified in it are qualified for the purposes of this Act.
4(3)
Any person to whom an identification card is issued under subsection (1) shall, on the request of the Minister or the person designated by the Minister, surrender the person's identification card for amendment or cancellation.
s 5. Regulations
5. Regulations
The Minister may make regulations respecting qualifications for service dogs.
s 6. Offences and fines
6. Offences and fines
6(1)
A person who contravenes section 3 is guilty of an offence and liable to a fine not exceeding $3000.
6(2)
A person who contravenes section 4(3) or who, not being a disabled person, purports to be a disabled person for the purpose of claiming the benefit of this Act is guilty of an offence and liable to a fine not exceeding $300.
s 7. Amends R.S.A. 2000, c. H-14
7. Amends R.S.A. 2000, c. H-14
The Human Rights, Citizenship and Multiculturalism Act is amended in section 44(1)(l) by adding "service dog," after "guide dog,".

British Columbia

B.C. Statutes - Vancouver Charter. Part XIV
Citation: S.B.C. 1953, c. 55, s. 323 - 324(A)3
Summary: These British Columbia, Canada laws provide the laws for preventing, abating, and prohibiting nuisances, which include dangerous dogs. The laws describe what constitutes a dangerous dog and what actions may be taken with a dangerous dog. The set also contains provisions that allow for the creation of by-laws to control and impound animals.

s 323. By-laws[edited to remove non-animal related provisions]
s 324. By-laws for impounding and keeping of animals, etc.
(a) Impounding of animals -- for the seizure, impounding, and detention of unlicensed dogs and of dogs, horses, cattle, and other animals unlawfully permitted to be upon a street or at large;
(b) Pound charges -- for reasonable charges to be imposed by the city for their seizure, impounding, and detention and their maintenance while impounded;
(c) Disposition of impounded animals -- for their sale or destruction in cases where such charges are not paid or where under the terms of the by-law such sale or destruction is prescribed;
(j) Seizure of any dog that bites -- for the seizure, impounding and detention for a period of up to 21 days of any dog alleged to have bitten a person. 1987, c. 52, s. 27
s 324.1 Dangerous dogs 324.1(1)
In this section:
"dangerous dog" means a dog that
(a) has killed or seriously injured a person,
(b) has killed or seriously injured a domestic animal, while in a public place or while on private property, other than property owned or occupied by the person responsible for the dog, or
(c) an animal control officer has reasonable grounds to believe is likely to kill or seriously injure a person.
324.1(2)
In addition to the authority under section 324 but subject to this section, an animal control officer may seize a dog if the officer believes on reasonable grounds that the animal is a dangerous dog.
324.1(3)
Before exercising a power under subsection (2), in the case of a dog that has acted as described in paragraph (a) or (b) of the definition of "dangerous dog", the animal control officer must consider whether the dog was acting while in the course of
(a) attempting to prevent a person from committing an unlawful act, or
(b) performing law enforcement work.
324.1(4)
An animal control officer may enter a place to exercise the power under subsection (2),
(a) in any case, with the consent of the owner or occupier of the place,
(b) in any case, in accordance with a warrant under subsection (5) or (6), or
(c) if the circumstances referred to in subsection (8) apply, in accordance with that subsection.
324.1(5)
If satisfied by evidence given under oath or affirmation that there are reasonable grounds to believe that there is a dangerous dog in a place, a justice may, by warrant, authorize an animal control officer to enter and search the place and to seize the dog.
324.1(6)
(a) it is impracticable for an animal control officer to appear personally before a justice to apply for a warrant in accordance with subsection (5), and
(b) the officer believes on reasonable grounds that there is a dangerous dog in a place,
the officer may apply for a warrant in accordance with the regulations under subsection (7).
324.1(7)
The Lieutenant Governor in Council may make regulations respecting the authority and procedure for warrants under subsection (6).
324.1(8)
Subject to subsection (9), an animal control officer may, without a warrant, enter and search any place except a place that is occupied as a private dwelling, and seize a dog, if the officer believes on reasonable grounds that
(a) the dog is a dangerous dog,
(b) the dog presents an imminent danger to the public, and
(c) the purpose of seizing the dog cannot reasonably be accomplished if the officer is required to obtain a warrant.
324.1(9)
For the purposes of subsection (8), an animal control officer who is not a police officer must be accompanied by a police officer.
324.1(10)
In addition to any other authority, if an animal control officer has reasonable grounds to believe that a dog is a dangerous dog, the officer may apply to the Provincial Court for an order that the dog be destroyed in the manner specified in the order.
324.1(11)
A dog that has been seized under this section may not be impounded and detained for more than 21 days unless court proceedings for a destruction order are commenced within that time.
324.1(12)
Section 324(b) applies in relation to seizure under this section.
2000, c. 26, s. 70; 2003, c. 52, s. 512

Manitoba

Manitoba Service Animal Protection Act
Definition:
In this Act, "service animal" means an animal
(a)trained to be used by a person with a disability for reasons relating to his or her disability;
(b)trained to be used by a peace officer in the execution of his or her duties; or
(c)trained to be used by a person who is authorized by a peace officer to assist peace officers in their duties.
Offence — person interfering with service animal
2(1)No person shall touch, feed, impede or interfere with a service animal, without lawful excuse or authority.
Offence — person allowing animal to interfere with service animal
2(2)No person who owns an animal or has possession or control of an animal shall allow that animal to touch, impede or interfere with a service animal, without lawful excuse or authority.
Penalty
3A person who contravenes section2 is guilty of an offence and liable on summary conviction
(a)for a first offence, to a fine of not more than $5,000; and
(b)for a second or subsequent offence, to a fine of not more than $10,000.
Compensation order
4(1)In addition to a penalty under section3, the justice who convicts the person may order that the person pay compensation to the owner of the service animal, or any other person, for loss or damage suffered by the owner or other person as a consequence of the commission of the offence, in an amount that the court may determine.
Order filed in Court of Queen's Bench
4(2)The owner or other person to whom compensation is payable under an order made under subsection(1) may file a certified copy of the order in the Court of Queen's Bench.Once filed, it may be enforced as an order of that court.
Limitation
5A prosecution under this Act may not be commenced later than one year after the day the alleged offence was committed.
C.C.S.M. reference

New Brunswick

New Brunswick Statutes - Society for the Prevention of Cruelty to Animals Act
Citation: R.S.N.B. 1973, c. S-12, s. 0.1 - 32(2)
Summary: This set of laws establishes the New Brunswick Society for the Prevention of Cruelty. Under the Act, the Minister may appoint an officer, agent or employee of the society or any other person to be an animal protection officer who shall attend to the enforcement of this Act. Where an animal has been seized under this Act, the animal protection officer shall within 3 business days notify the owner or make reasonable attempts to identify and notify the owner. s 15.
15(1)
An animal protection officer may seize an animal
(a) found running at large, or
(b) otherwise, in accordance with this Act and the regulations.
15(2)
An animal protection officer may place a seized animal under care for a period not exceeding 15 days and for such additional periods as may be required for the prosecution of an offence respecting the animal.
1984, c. 27, s. 15; 1986, c. 6, s. 46; 1997, c. 27, s. 5; 2008, c. 35, s. 4.1
s 16.
16(1)
Where an animal has been seized under this Act, the animal protection officer shall within 3 business days notify the owner or make reasonable attempts to identify and notify the owner if the owner is not known,
(a) that the animal has been seized by the animal protection officer, and
(b) of the costs that have been incurred or will be incurred in the care and treatment of the animal.
16(2)
The owner of a seized animal is liable to pay the costs incurred in the care and treatment of the seized animal.
16(3)
Where the owner of an animal seized under paragraph 15(1)(a) is identified, the owner may reclaim the animal 3 business days after receipt of the notice under subsection (1) if the costs of the care and treatment of the animal are paid unless a prosecution is commenced in respect of the animal.
16(3.1)
Where the owner of an animal seized under paragraph 15(1)(b) is identified, the owner may reclaim the animal 15 days after the seizure if the costs of the care and treatment of the animal are paid unless a prosecution is commenced in respect of the animal.
16(4)
The ownership of an animal seized under paragraph 15(1)(a) vests in the society if the owner
(a) cannot be identified within 3 business days after the seizure, or
(b) does not reclaim the animal 3 business days after receipt of the notice under subsection (1) and does not pay the costs incurred in respect of the care and treatment of the animal.
16(4.1)
The ownership of an animal seized under paragraph 15(1)(b) vests in the society if the owner
(a) cannot be identified within 3 business days after the seizure, or
(b) does not reclaim the animal 15 days after the seizure and does not pay the costs incurred in respect of the care and treatment of the animal.
16(5)
An animal protection officer may, before the 3 day period referred to in paragraph (4)(b) expires, release to the owner an animal seized under paragraph 15(1)(a) that has been placed under care if, in the opinion of the animal protection officer, the animal will be properly cared for by the owner and if no prosecution is commenced in respect of the animal.
16(5.1)
An animal protection officer may, before the 15 day period referred to in paragraph (4.1)(b) expires, release to the owner an animal seized under paragraph 15(1)(b) that has been placed under care if, in the opinion of the animal protection officer, the animal will be properly cared for by the owner and if no prosecution is commenced in respect of the animal.
16(6)
Any amount for which a person is liable for the costs incurred in respect of the care and treatment of a seized animal under this Act is a debt due by that person.
1997, c. 27, s. 5; 2008, c. 35, s. 5

Newfoundland

Newfoundland and Labrador Statutes - Dog Act
Citation: R.S.N. 1990, c. D-26, s. 1 - 15(2)
Summary: This set of laws comprises the Newfoundland and Labrador Dog Act. Under theAct, an owner of a dogmust keep it safely tethered or penned up at all times unless on a leash, herding sheep, or hunting with an owner. The minister may in writing authorize a person to destroy dogs found at large in the province. Notably, a person shall not bring into or keep on the island a dog either wholly or partly of the breed native to Labrador, commonly known as Eskimo or Husky, unless he or she has obtained a permit. Aperson who contravenes this Act or accompanying regulations is guilty of an offence.
Statute in Full:
s 1. Short title
This Act may be cited as the Dog Act.
s 3. Dogs to be penned up
3(1) An owner of a dog shall keep it safely tethered or penned up at all times.
3(2) Notwithstanding subsection (1), a dog need not be tethered or penned up, where
(a) it is held on a leash by a person capable of restraining its movements;
(b) it is being used by a person for the purpose of lawful hunting;
(c) it is being used by a person to work in a lawful manner with sheep; or
(d) it is kept or used for another purpose and under the conditions prescribed in the regulations.
s 4. Authorization to destroy dogs
4(1) The minister may in writing authorize a person to destroy dogs found at large in the province, or kept in the province whether at large or not, contrary to this Act or the regulations.
4(2) A dog found at large in the province contrary to this Act or the regulations may be destroyed by a peace officer or by a person generally or specifically authorized by the minister under subsection (1).
s 6. Inspectors
The minister may appoint or designate inspectors, officers or other persons for the proper carrying out of this Act and the regulations.
s 7. Dogs may be destroyed
7(1) A person may shoot or otherwise destroy a dog that is found killing, maiming or worrying human beings or livestock.
7(2) A court of summary jurisdiction may take notice of a complaint that a dog is dangerous and not kept under proper control or has bitten or attempted to bite a person or has injured, worried or chased livestock, and where it appears to the court that the dog is dangerous or has done the things referred to, the court may order the owner of the dog to destroy it.
7(3) A person who fails to comply with an order made under subsection (2) is guilty of an offence.
s 8. Liability of owner
8(1) The owner of a dog is liable for damages or injury done by it to a person or livestock or goods or property.
8(2) It shall not be necessary for the plaintiff in an action taken in respect of damage or injury done by a dog to show a previous mischievous propensity in that dog or the owner's knowledge of that previous propensity or to show that the damage or injury was attributable to neglect on the part of the owner of the dog.
s 9. Complaint
A person authorized to destroy a dog under this Act or the regulations may destroy it or may complain to a Provincial Court judge who, upon verification of the authorization, may make an order directing the owner of the dog to destroy it.
s 10. Offence
The owner of a dog who fails to comply with an order made under section 9 is guilty of an offence.
s 11. Regulations
Subject to the approval of the Lieutenant-Governor in Council, the minister may make regulations
(a) providing for the seizure and destruction of dogs;
(b) regulating the use of dogs in areas frequented by wild life during both open and closed seasons;
(c) regulating the transfer of dogs from Labrador to the island;
(d) providing for the issue of permits to persons bringing into or keeping on the island a dog either wholly or partly of the breed native to Labrador;
(e) prescribing the duties and powers of inspectors appointed or designated under this Act; and
(f) generally, to give effect to the purpose of this Act.
s 12. Prohibition
12(1) The Lieutenant-Governor in Council may by proclamation prohibit the keeping of dogs within an area of the province described in the proclamation, and from the date on which the proclamation takes effect, a person shall not keep or have a dog within that area.
12(2) The Lieutenant-Governor in Council may, in a proclamation made under subsection (1) or in an amending proclamation, provide exceptions permitting a class of persons or all persons to keep or have 1 or more dogs of a particular kind or suitable for a particular purpose in the area described in the proclamation or a part of that area for a prescribed period or without limit of time, subject to those conditions that may be prescribed in the proclamation.
12(3) Subject to an exception made under subsection (2), a dog found in an area where the keeping of dogs is prohibited by a proclamation made under this section may be destroyed by a peace officer or other person generally or specifically authorized by the minister.
12(4) Subject to an exception made under subsection (2), a person who keeps a dog in an area where the keeping of dogs is prohibited by a proclamation made under this section is guilty of an offence.
12(5) Upon the conviction of a person for an offence under subsection (4), a Provincial Court judge may, where the dog has not been destroyed under subsection (3), order the owner to remove it to an area where it may be lawfully kept or destroy it, before the expiration of a period, not less than 24 hours, to be prescribed in the order.
12(6) Where a person fails to comply with an order made under subsection (5), he or she shall be liable to a penalty not exceeding $5 for every day during which he or she fails to comply.
s 13. Proceedings and recovery of costs
Where a Provincial Court judge makes an order under this Act directing the owner of a dog
(a) to remove it to an area where it may be lawfully kept; or
(b) to destroy it,
and that order is not complied with within the time specified in the order, or, where no time is specified, within 24 hours after service of the order, the Provincial Court judge may make another order directing another person to destroy the dog and for that purpose to enter where necessary upon the property of the owner, and that other person may proceed in accordance with that order and may recover, by civil suit before a Provincial Court judge, all reasonable costs and expenses of the destruction and disposal of the dog from the person to whom the 1st order was directed.
s 14. Offence and penalty
14(1) A person who contravenes this Act or the regulations or an order made under this Act or the regulations and who in respect of that contravention has not been declared guilty of an offence by another provision of this Act is guilty of an offence.
14(2) A person who is guilty of an offence under this Act is liable on summary conviction to a fine not exceeding $200, and in default of payment of the fine to imprisonment for a term not exceeding 3 months.
14(3) Section 736 or 737 of the Criminal Code shall not be applied in disposing of a prosecution for an offence under this section or in imposing punishment for an offence.
s 15. Act to prevail over municipal Acts
15(1) Where a provision of this Act or the regulations conflicts with a provision of the City of St. John's Act, the City of Corner Brook Act, the City of Mount Pearl Act or the Municipalities Act or with a regulation made under either of those Acts, or an Act or regulation substituted for 1 of them, the provisions of this Act and the regulations shall prevail.

Northwest Territories

Canada - Northwest Territories Statutes
Northwest Territories Statutes Dog Act
Citation: R.S.N.W.T. 1988, c. D-7, s. 1
Summary: This set of laws comprises the Northwest TerritoriesDog Act. Under the Act, owners may not allow their dogs to run loose and must provide them with sufficient food and water. Further, the law provides that no person shall punish or abuse a dog in a manner or to an extent that is cruel or unnecessary or drive a dog or dog team on a sidewalk situated on the street or road of a settlement. The law also sets forth the procedure for the impoundment and release of dogs.
Statute in Full:
1(2) Running at large
For the purposes of this Act, a dog is running at large if it is off the premises of its owner and is not
(a) muzzled; or
(b) under the physical control of a person.
Prohibitions
s 5. No owner shall permit a dog to run at large
(a) contrary to a municipal bylaw;
(b) within a Territorial Park; or
(c) in an area that is not within a municipality or a Territorial Park.
2008, c. 8, s. 7(3)
Seizure
s 7.
7(1) Seizure
An officer may seize a dog from a person whom the officer
(a) finds contravening this Act; or
(b) has good cause to suspect of having contravened or being about to contravene this Act.
7(2) Recovery by owner
Subject to subsection (6), an officer who has seized a dog under subsection (1) may, in the officer's discretion, restore possession of the dog to its owner where
(a) the owner claims possession of the dog within five days after the date of seizure; and
(b) the owner pays to the officer all expenses incurred in securing, caring for and feeding the dog.
7(3) Sale by public auction
Where, at the end of five days, possession of a dog has not been restored to the owner under subsection (2), the officer may sell the dog at public auction.
7(4) Distribution of proceeds
The proceeds of a sale of a dog by public auction shall be distributed as follows:
(a) all expenses incurred in securing, caring for and feeding the dog shall be paid to the officer;
(b) the expenses of the public auction shall be paid;
(c) any balance shall be paid to the owner or, if the owner cannot be found within a reasonable period of time after the sale, shall be paid into the Consolidated Revenue Fund.
7(5) Where dog not sold
Where
(a) a dog has not been claimed within five days after seizure under subsection (2), and
(b) no bid has been received at a sale by public auction,
the officer may destroy or dispose of the dog as the officer sees fit at any time after the auction and no damages or compensation may be recovered on account of its destruction or disposal by the officer.
Protection From Dogs
s 9. Destruction of dogs
A person may kill a dog that is running at large and in the act of pursuing, attacking, injuring, damaging, killing or destroying
(a) a person;
(b) another dog that is tethered;
s 10.
10(1) Proceedings against owner
On complaint made on oath before a justice of the peace that an owner has a dog that has, while running at large, committed any of the acts set out in section 9, the justice may issue a summons directed to the owner of the dog requiring the owner to appear before the justice at a time and place stated in the summons to answer the complaint.
10(2) Order
On summary conviction on the evidence of one or more credible witnesses other than the complainant, the justice of the peace may make an order for the destruction of the dog within three days and where the dog is not destroyed pursuant to the order, the justice may, in his or her discretion, impose a fine not exceeding $20 on the owner.
s 11. Action for damages not barred
No conviction or order under section 10 bars the owner of cattle, horses, sheep, pigs, poultry, animals on a fur farm, a tethered dog, a food cache, harness or other equipment from bringing an action for the recovery of damages for injury done to these animals or things by a dog.
s 12. Nature of proof in civil action
It is not necessary for the plaintiff in an action referred to in section 11 to prove that the defendant knew of the propensity of the dog to pursue, worry, injure or destroy animals and the liability of the defendant does not depend on previous knowledge of that propensity.
Offence and Punishment
s 13.
13(1) Offence and punishment
Every person who contravenes this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $25 or to imprisonment for a term not exceeding 30 days.
13(2) Destruction order
The presiding territorial judge or justice of the peace may, on conviction of an owner for an offence under this Act, order the destruction of any dog of that owner that the judge or justice considers should be destroyed for humane reasons or for the safety of the general public.

Nova Scotia

Nova Scotia, Canada Municipal Government Act
Citation: S.N.S. 1998, c. 18, s. 175 - 179
Summary: Certain sections (ss.175-179) of this Nova Scotia statute deal with dog ownership, and the consequences for failing to control a dog, or harm to people or property.
Municipal Government Act, S.N.S. 1998, c. 18 (excerpted for dangerous dog laws)
s. 174 Dog by-law
175 (1) Without limiting the generality of Section 172, a council may make by-laws
(a) regulating the running at large of dogs, including permitting the running at large of dogs in certain places or at certain times;
(b) imposing a registration fee upon the owner of every dog, the amount to be set by policy, for such length of time as is specified in the by-law with the power to impose a larger fee for female dogs than for male dogs, or for unspayed or unneutered dogs than for spayed or neutered dogs;
(c) requiring tags for the identification of dogs registered under the by-law;
(d) exempting from any registration fee a dog that is a stray dog and is harboured for up to the maximum period of time set by by-law;
(e) defining fierce or dangerous dogs, including defining them by breed, cross-breed, partial breed or type;
(f) regulating the keeping of fierce or dangerous dogs;
(g) prohibiting the keeping of a dog that persistently disturbs the quiet of the neighbourhood by barking, howling, or otherwise;
(h) authorizing the dog control officer to impound, sell, kill or otherwise dispose of dogs
(i) that run at large contrary to the by-law,
(ii) in respect of which the fee or tax imposed by a by-law is not paid,
(iii) that are fierce or dangerous,
(iv) that are rabid or appear to be rabid or exhibiting symptoms of canine madness,
(v) that persistently disturb the quiet of a neighbourhood by barking, howling or otherwise;
(i) requiring the owner of a dog, other than a dog that is trained to assist and is assisting a person with a disability, to remove the dog's feces from public property and from private property other than the owner's;
(j) requiring the owner of a dog to provide a written statement of the number of dogs owned, harboured or that are habitually kept upon the premises occupied by the owner.
175(2)
(2) A dog that is trained to assist and assists a person with a disability is exempt from any registration fee.
s 176. Dangerous dogs
176 (1)
Where a peace officer believes, on reasonable grounds, that a person is harbouring, keeping or has under care, control or direction a dog that is fierce or dangerous, rabid or appears to be rabid, that exhibits symptoms of canine madness or that persistently disturbs the quiet of a neighbourhood by barking, howling or otherwise contrary to a by-law, a justice of the peace may, by warrant, authorize and empower the person named in the warrant to
(a) enter and search the place where the dog is, at any time;
(b) open or remove any obstacle preventing access to the dog; and
(c) seize and deliver the dog to the pound and for such purpose, break, remove or undo any fastening of the dog to the premises.
176(2)
(2) Where the person named in the warrant is unable to seize the dog in safety, the person may destroy the dog.
176(3)
(3) repealed 2004, c. 7, s. 11.
1998, c. 18, s. 176; 2003, c. 9, s. 56; 2004, c. 7, s. 11.
s. 177 Additional penalty
At the trial of a charge laid against the owner of a dog that is fierce or dangerous, that persistently disturbs the quiet of a neighbourhood by barking, howling or otherwise or that runs at large, contrary to a by-law, in addition to the penalty, the judge may order that the
(a) dog be destroyed or otherwise dealt with; and
(b) owner pay any costs incurred by the municipality related to the dog, including costs related to the seizure, impounding, or destruction of the dog, and it is not necessary to prove that the
(c) dog previously attacked or injured a domestic animal, person or property;
(d) dog had a propensity to injure or to damage a domestic animal, person or property; or
(e) defendant knew that the dog had such propensity or was, or is, accustomed to doing acts causing injury or damage. 1998, c. 18, s. 177; 2000, c. 9, s. 42.
s. 179 Proof at trial
Upon the trial of an action brought against the owner or harbourer of a dog for any injury caused, or damage occasioned by, such dog, it is not necessary to prove knowledge by, or notice to, the owner or harbourer of any mischievous propensity of the dog. 1998, c. 18, s. 179.

Ontario

Ontario Statutes - Dog Owners' Liability Act
Citation: R.S.O. 1990, c. D.16, s. 1 - 20(4)
Summary: This Ontario, Canada set of laws comprises the Dog Owners' Liability Act.The main thrust of the law is to establish that an owneris liable for damagesif his or her dog bites or attacks another person or domestic animal. Proceedings may be commenced in the Ontario Court of Justice against an owner of a dog if it is alleged that the dog attacked or bitten another person or domestic animal, or if the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals. A court may then order the destruction of the dog, or measures for more effective control of the dog (leash restraint, muzzling, etc.). The Act also bans the owning, breeding, importing, or transferring of pit bull dogs in Ontario, save for dogs grandfathered in before the Act took effect in 2005 (then the dog is a "restricted pit bull" subject to further laws).
Civil Liability [Heading added 2005, c. 2, s. 1(4).]
s 2.
2(1) Liability of owner
The owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal.
2(2) Where more than one owner
Where there is more than one owner of a dog, they are jointly and severally liable under this section.
2(3) Extent of liability
The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner, but the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages.
2(4) Contribution by person at fault
An owner who is liable to pay damages under this section is entitled to recover contribution and indemnity from any other person in proportion to the degree to which the other person's fault or negligence caused or contributed to the damages.
s 3.
3(1) Application of Occupiers' Liability Act
Where damage is caused by being bitten or attacked by a dog on the premises of the owner, the liability of the owner is determined under this Act and not under the Occupiers' Liability Act.
3(2) Protection of persons or property
Where a person is on premises with the intention of committing, or in the commission of, a criminal act on the premises and incurs damage caused by being bitten or attacked by a dog, the owner is not liable under section 2 unless the keeping of the dog on the premises was unreasonable for the purpose of the protection of persons or property.
Proceedings -- Part IX of the Provincial Offences Act [Heading added 2005, c. 2, s. 1(5).]
s 4.
4(1) Proceedings against owner of dog
A proceeding may be commenced in the Ontario Court of Justice against an owner of a dog if it is alleged that,
(a) the dog has bitten or attacked a person or domestic animal;
(b) the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals; or
(c) the owner did not exercise reasonable precautions to prevent the dog from,
(i) biting or attacking a person or domestic animal, or
(ii) behaving in a manner that poses a menace to the safety of persons or domestic animals.
4(1.1) Same
A proceeding may be commenced in the Ontario Court of Justice against a person if it is alleged that the person contravened a provision of this Act or the regulations or a court order made under this Act.
4(2) Interim order
When a proceeding has been commenced under subsection (1) or (1.1), the Ontario Court of Justice may, pending a determination of whether an order should be made under subsection (3) or pending an appeal of such an order, make an interim order requiring the owner to take measures specified in the interim order for the more effective control of the dog.
4(3) Final Order
If, in a proceeding under subsection (1), the court finds that the dog has bitten or attacked a person or domestic animal or that the dog's behaviour is such that the dog is a menace to the safety of persons or domestic animals, and the court is satisfied that an order is necessary for the protection of the public, the court may order,
(a) that the dog be destroyed in the manner specified in the order; or
(b) that the owner of the dog take the measures specified in the order for the more effective control of the dog or for purposes of public safety.
4(4) Examples, measures for more effective control
Some examples of measures that may be ordered under subsection (2) or clause (3)(b) are:
1. Confining the dog to its owner's property.
2. Restraining the dog by means of a leash.
3. Restraining the dog by means of a muzzle.
4. Posting warning signs.
4(5) Automatic restraint order
If a dog whose destruction has been ordered under clause (3)(a) is not taken into custody immediately, the owner shall restrain the dog by means of a leash and muzzle and such other means as the court may order until the dog is taken into custody.
4(6) Considerations
Except as provided by subsections (8) and (9), in exercising its powers to make an order under subsection (3), the court may take into consideration the following circumstances:
1. The dog's past and present temperament and behaviour.
2. The seriousness of the injuries caused by the biting or attack.
3. Unusual contributing circumstances tending to justify the dog's action.
4. The improbability that a similar attack will be repeated.
5. The dog's physical potential for inflicting harm.
6. Precautions taken by the owner to preclude similar attacks in the future.
7. Any other circumstances that the court considers to be relevant.
(7) Sterilization requirement
The owner of a dog that is subject to an order under clause (3)(b) shall ensure that the dog is neutered or spayed, as the case may be, within 30 days of the making of the order or, if the court specifies a different time period, within the time period specified by the court.
4(8) Mandatory order under cl. (3)(a)
When, in a proceeding under this section, the court finds that the dog is a pit bull and has bitten or attacked a person or domestic animal, or has behaved in a manner that poses a menace to the safety of persons or domestic animals, the court shall make an order under clause (3)(a).
s 5.1 Owner to prevent dog from attacking
The owner of a dog shall exercise reasonable precautions to prevent it from,
(a) biting or attacking a person or domestic animal; or
(b) behaving in a manner that poses a menace to the safety of persons or domestic animals.
2005, c. 2, s. 1(15)
13(2) Same
In the circumstances described in subsection (1), the justice of the peace may issue a warrant authorizing a peace officer named in the warrant to enter any building, receptacle or place, including a dwelling house, to search for and seize the dog and any muzzle, collar or other equipment for the dog.
13(3) Same
Without limiting the generality of clause (1)(b), it is not desirable in the interests of public safety for a dog to be in a location other than in a pound operated by or on behalf of a municipality, Ontario or a designated body or in a research facility registered under the Animals for Research Act if,
(a) the dog has on one or more occasions bitten or attacked a person or domestic animal;
(b) the dog has on one or more occasions behaved in a manner that poses a menace to the safety of persons or domestic animals;
(c) an owner of the dog has on one or more occasions failed to exercise reasonable precautions to prevent the dog from,
(i) biting or attacking a person or domestic animal, or
(ii) behaving in a manner that poses a menace to the safety of persons or domestic animals;
(d) the dog is a restricted pit bull and an owner of the dog has on one or more occasions failed to comply with one or more of the requirements of this Act or the regulations respecting restricted pit bulls;
(e) the dog is a pit bull other than a restricted pit bull; or
(f) there is reason to believe that the dog may cause harm to a person or domestic animal.
13(4) Same
A peace officer named in a warrant who is executing a warrant under this section may be accompanied by one or more veterinarians or animal control personnel as are reasonably required to give effect to the safe and humane seizure of the dog, whether the accompanying persons are named in the warrant or not.
13(5) Same
Every warrant issued under this section shall name a date on which it expires, which date shall be not later than 30 days after its issue.
13(6) Same
Every warrant shall be executed between 6 a.m. and 9 p.m., unless the justice by the warrant otherwise authorizes.
2005, c. 2, s. 1(16)
14(2) Same
In this section, exigent circumstances include circumstances in which the peace officer has reasonable grounds to suspect that entry into any building, receptacle or place, including a dwelling house, is necessary to prevent imminent bodily harm or death to any person or domestic animal.
2005, c. 2, s. 1(16)
s 15.
15(1) Seizure in public place
A peace officer may seize a dog in a public place if the officer believes on reasonable grounds that,
(a) the dog has on one or more occasions bitten or attacked a person or domestic animal;
(b) the dog has on one or more occasions behaved in a manner that poses a menace to the safety of persons or domestic animals;
(c) an owner of the dog has on one or more occasions failed to exercise reasonable precautions to prevent the dog from,
(i) biting or attacking a person or domestic animal,
(ii) behaving in a manner that poses a menace to the safety of persons or domestic animals;
(d) the dog is a restricted pit bull and an owner of the dog has on one or more occasions failed to comply with one or more of the requirements of this Act or the regulations respecting restricted pit bulls;
(e) the dog is a pit bull other than a restricted pit bull; or
(f) there is reason to believe that the dog may cause harm to a person or domestic animal.
15(2) Same
Subsection (1) shall not be interpreted to restrict seizure of a dog in a public place if the seizure is otherwise lawful.
2005, c. 2, s. 1(16)
s 16. Necessary force
A peace officer may use as much force as is necessary to execute a warrant issued under section 13 or to exercise any authority given by section 14 or 15.
2005, c. 2, s. 1(16)
s 17. Delivery of seized dog to pound
A peace officer who seizes a dog under section 13, 14 or 15 shall promptly deliver the seized dog to a pound operated by or on behalf of a municipality, Ontario or a designated body.
2005, c. 2, s. 1(16)
Offences [Heading added 2005, c. 2, s. 1(16).]
s 18.
18(1) Offences
An individual who contravenes any provision of this Act or the regulations or who contravenes an order made under this Act or the regulations is guilty of an offence and liable, on conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or both.
18(2) Same
A corporation that contravenes any provision of this Act or the regulations or that contravenes an order made under this Act or the regulations is guilty of an offence and liable, on conviction, to a fine of not more than $60,000.
18(3) Same
If a person is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to make compensation or restitution in relation to the offence.2005, c. 2, s. 1(16)

Prince Edward Island (PEI)

P.E.I. Statutes. Dog Act
Citation: R.S.P.E.I. 1988, c. D-13 s.1 - 21
Summary: This set of laws comprises the Prince Edward Island (PEI) Dog Act. The Act provides that no owner of a dog shall allow his dog to run at large; any dog found at large shall be deemed to have been allowed to be at large by its owner. In addition, the owner of livestock or any enforcement officer authorized by the owner of livestock, may kill a dog that is killing or injuring the owner's livestock, except where the livestock is on property held under lease, license or permit by the owner of the dog. This Act also outlines licensing requirements for dogs as well as impoundment procedures.
Part II -- Dogs Running at Large
s 9. Dogs running at large prohibited
No owner of a dog shall allow his dog to run at large; any dog found at large shall be deemed to have been allowed to be at large by its owner.
s 10.
10(3) Liability of person who kills dog
Where a person kills a dog pursuant to this section he is not liable to the owner of the dog for general or special damages respecting the dog or the killing of the dog.
2005, c. 30, s. 3
s 13. Impounding dog, power to
Any licensed or unlicensed dog that is at large may be caught and impounded by a police constable appointed under the Police Act R.S.P.E.I. 1988, Cap. P-11 or by an enforcement officer.
Proposed Amendment -- 13
13. Impounding dog, power to
Any licensed or unlicensed dog that is at large may be caught and impounded by a police officer or by an enforcement officer.
2006, c. 16, s. 63(2)(a) [Not in force at date of publication.]
s 14.
14(1) Notice of impounding
Where a licensed dog is caught and impounded pursuant to section 13, the captor shall give notice by registered mail to the owner of the dog identified on the license that the dog has been caught and impounded and specifying therein the name of the captor and the place of impounding.
14(2) Repossession of dog
The owner of the dog may within ten days of the date of the notice take possession of his dog after paying to the person impounding the dog such fees as may be prescribed by regulation respecting the catching and maintenance of the dog, but if the owner of the dog fails to take possession of his dog within the ten days the dog shall be destroyed by the person impounding the dog.
14(3) Liability for fees where dog killed
Where a dog is destroyed pursuant to subsection (2) the owner of the dog is liable for the fees referred to in subsection (2) and for the costs of any action that may be necessary to recover the fees.
14(4) Evidence that dog was destroyed
In an action for the recovery of fees under subsection (3) evidence of the notice by registered mail and the metal tag of the dog shall be deemed to be sufficient evidence that the dog was destroyed.
s 15.
15(1) Unlicensed dog destroyed, owner not found
Where an unlicensed dog is caught pursuant to section 13, the dog, if the owner of the dog does not take possession of it after paying the fees referred to in subsection 14(2), shall be destroyed at any time after five days from the day of its being caught and impounded.
5(2) Owner identified, liability for costs
Where the owner of the dog referred to in subsection (1) is identified, he is liable for the payment of the fees referred to in subsection 14(2), and for the costs of any action that may be necessary to recover the fees.
Part III -- Dangerous Dogs [Heading added 2005, c. 30, s. 5.]
s 16.
16(1) Proceeding commenced in Provincial Court
A peace officer may commence a proceeding in the Provincial Court against an owner of a dog if the peace officer believes, on reasonable grounds, that
(a) the dog has bitten or attacked a person or a domestic animal; or
(b) the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals.
16(2) Orders under statutes
A peace officer who wishes to commence a proceeding referred to in subsection (1) shall
(a) complete a statement in the prescribed form under oath attesting, on reasonable grounds, to the existence of facts that would justify the order sought;
(b) serve a copy of the statement on the owner or owners of the dogs; and
(c) file a copy of the statement with the Provincial Court.
Proposed Addition -- 16(2.1)-(2.3)
16(2.1) Presumption of ownership
For the purposes of a proceeding commenced under subsection (1), the occupier of any premises where a dog was kept or permitted to live or remain at the time a dog is alleged, in a statement filed by a peace officer with the Provincial Court under subsection (2), to have bitten or attacked a person or a domestic animal or to have behaved in a manner that poses a menace to the safety of persons or domestic animals, shall be presumed to be the owner of the dog, unless the occupier proves that the occupier was not the owner of the dog at that time.
16(2.2) Idem
For the purposes of a proceeding commenced under subsection (1), where there are two or more occupiers of any premises let in separate apartments or lodgings, or otherwise, the occupier of that particular part of the premises in which a dog was kept or permitted to live or remain at the time a dog is alleged, in a statement filed by a peace officer with the Provincial Court under subsection (2), to have bitten or attacked a person or a domestic animal or to have behaved in a manner that poses a menace to the safety of persons or domestic animals, shall be presumed to be the owner of the dog, unless the occupier proves that the occupier was not the owner of the dog at that time.
16(2.3) Idem
Where the person presumed to be the owner of a dog under subsection (2.1) or (2.2) is under the age of 18 years, the adult person responsible for the person's custody shall be presumed to be the owner of the dog unless the adult person proves that the adult was not the owner of the dog at that time.
2007, c. 4, s. 1 [Not in force at date of publication.]
16(3) Interim order
When a proceeding has been commenced under subsection (1), the Provincial Court may, pending a determination of whether an order should be made under subsection (4), make an interim order requiring the owner to take measures specified in the interim order for the more effective control of the dog.
16(4) Order
If, in a proceeding under subsection (1), the Provincial Court finds that the dog has bitten or attacked a person or a domestic animal or that the dog's behaviour is such that the dog is a menace to the safety of persons or domestic animals, and the Provincial Court is satisfied that an order is necessary for the protection of the public, the Provincial Court may order
(a) that the dog be destroyed in the manner specified in the order;
(b) that the dog be neutered or sprayed, as the case may be; or
(c) that the owner of the dog take the measures specified in the order for the more effective control of the dog or for purposes of public safety.
16(5) Measures
Measures that may be ordered under subsection (3) or clause (4)(c) include
(a) confining the dog to its owner's property;
(b) restraining the dog by means of a leash;
(c) restraining the dog by means of a muzzle; and
(d) posting warning signs.
16(6) Restraint of dog
If a dog whose destruction has been ordered under clause (4)(a) is not taken into custody immediately, the owner shall restrain the dog by means of a leash and muzzle and such other means as the Provincial Court may order until the dog is taken into custody.
16(7) Factors
In exercising its powers to make an order under subsection (4), the Provincial Court may take into consideration the following factors:
(a) the dog's past and present temperament and behaviour;
(b) the seriousness of the injuries caused by the biting or attack;
(c) unusual contributing circumstances tending to justify the dog's action;
(d) the improbability that a similar attack will be repeated;
(e) the dog's physical potential for inflicting harm;
(f) precautions taken by the owner to preclude similar attacks in the future;
(g) any other circumstances that the court considers to be relevant.
s 16.1 Order
Where, in a proceeding under subsection 16(1), the Provincial Court finds that the dog has bitten or attacked a person or a domestic animal or the dog's behaviour is such that the dog is a menace to the safety of persons or domestic animals, the Provincial Court may make an order prohibiting the dog's owner from owning another dog during a specified period of time.
2005, c. 30, s. 6
16.3(2) Public safety
Without limiting the generality of clause (1)(b), it is not in the interests of public safety for a dog to be in a location if
(a) the dog has on one or more occasions bitten or attacked a person or a domestic animal; or
(b) the dog has on one or more occasions behaved in a manner that poses a menace to the safety of persons or domestic animals.
16.4(2) Idem
In this section, exigent circumstances include circumstances in which the peace officer has reasonable grounds to suspect that entry into any building, vehicle, receptacle or place, including a private dwelling, is necessary to prevent imminent bodily harm or death to any person.
Proposed Amendment -- 16.4
16.4
16.4(1) Seizure, impoundment in exigent circumstance
Where a peace officer has reasonable grounds to believe that
(a) a dog is in any building, receptacle or place, including a private dwelling;
(b) the dog has, on one or more occasions,
(i) bitten or attacked a person or a domestic animal, or
(ii) behaved in a manner that poses a menace to the safety of persons or domestic animals; and
(c) it would be impracticable to obtain a warrant because of exigent circumstances,
the peace officer may, without a warrant, enter any building, receptacle or place, including a private dwelling, and search for and seize the dog and any muzzle, collar or other equipment for the dog.
s 16.5
16.5(1) Seizes of dog
A peace officer may seize a dog in a public place if the peace officer believes, on reasonable grounds that,
(a) the dog has on one or more occasions bitten or attacked a person or a domestic animal;
(b) the dog has on one or more occasions behaved in a manner that poses a menace to the safety of persons or domestic animals;
(c) an owner of the dog has on one or more occasions failed to exercise reasonable precautions to prevent the dog from
(i) biting or attacking a person or a domestic animal,
(ii) behaving in a manner that poses a menace to the safety of persons or domestic animals; or
(d) there is reason to believe that the dog may cause harm to a person or domestic animal.
16.5(2) Idem
Subsection (1) shall not be interpreted to restrict seizure of a dog in a public place if the seizure is otherwise lawful.
2005, c. 30, s. 6
s 16.6 Force as necessary
A peace officer may use as much force as is reasonably necessary to execute a warrant issued under section 16.3 or to exercise any authority given by section 16.4 or section 16.5.
2005, c. 30, s. 6
s 16.8 Obstruction
No person shall obstruct, impede or assault a peace officer, or any person assisting a peace officer, while the peace officer is exercising his or her authority or performing a duty under this Act or the regulations, and no person shall aid or assist any person in obstructing, impeding or assaulting a peace officer.
2005, c. 30, s. 6
16.9 [Proposed Addition -- 16.9-16.93] -- Owner to prevent dog from attacking
Every owner of a dog shall exercise reasonable precautions to prevent the dog from
(a) biting or attacking a person or a domestic animal; or
(b) behaving in a manner that poses a menace to the safety of persons or domestic animals.
2007, c. 4, s. 4 [Not in force at date of publication.]
16.91 [Proposed Addition -- 16.9-16.93] -- Offence and penalty
Every owner of a dog who fails to comply with section 16.9 is guilty of an offence and is liable, on summary conviction, to a fine of not less than $200 and not more than $10,000.
2007, c. 4, s. 4 [Not in force at date of publication.]
16.92 [Proposed Addition -- 16.9-16.93]
16.92(1) Liability of owner
The owner of a dog is liable for damages resulting from a bite or an attack by the dog on another person or domestic animal.
16.92(2) Where more than one owner
Where there is more than one owner of a dog, the owners are jointly and severally liable under this section.
16.92(3) Extent of liability
The liability of an owner of a dog does not depend upon knowledge of the propensity of the dog to bite, attack or behave in a manner that poses a menace to the safety of persons or domestic animals, or on the fault or negligence on the part of the owner, but the court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages.
16.92(4) Contribution by person at fault
An owner who is liable to pay damages under this section is entitled to recover contribution and indemnity from any other person in proportion to the degree to which the other person's fault or negligence caused or contributed to the damages.
2007, c. 4, s. 4 [Not in force at date of publication.]
16.93 [Proposed Addition -- 16.9-16.93]
16.93(1) Application of Occupiers' Liability Act
Where damage is caused to a person or a domestic animal as a result of being bitten or attacked by a dog on the premises of the owner of the dog, the liability of the owner shall be determined under this Act and not under the Occupiers' Liability Act R.S.P.E.I. 1988, Cap. O-2.
16.93(2) Protection of persons or property
Where a person is on any premises with the intention of committing, or in the commission of, a criminal act on the premises and the person incurs damage caused by being bitten or attacked by a dog on the premises, the owner of the dog or the owner of the premises is not liable for damages under section 16.92 unless the keeping of the dog on the premises was unreasonable for the purpose of the protection of persons or property.
2007, c. 4, s. 4 [Not in force at date of publication.]
s 18. Procedures not in strict conformity
The times and procedures set forth in this Act shall be deemed to be directory and a proceeding that is in substantial conformity with this Act is not open to objection on the ground that it is not in strict compliance therewith.
s 19. Regulations
The Lieutenant Governor in Council may make regulations for the better administration and enforcement of this Act and to carry out the intent and purpose of the Act, and without limiting the generality thereof
(a) defining words or phrases for which no or an imperfect definition is given;
(b) respecting the taking and impounding of dogs;
(c) respecting the duties, powers and liabilities of the Minister and any person designated, appointed or employed by him to administer or enforce this Act;
(d) prescribing fees for catching, impounding, feeding and maintaining dogs; and
Proposed Amendment -- 19(d)
(d) prescribing fees for catching, impounding, feeding and maintaining dogs;
2007, c. 4, s. 5(a) [Not in force at date of publication.]
Proposed Addition -- 19(d.1)
(d.1) prescribing the fine or range of fines that a person is liable to, on summary conviction, where the person is found guilty of an offence for contravening a provision of this Act or the regulations; and
2007, c. 4, s. 5(b) [Not in force at date of publication.]
(e) prescribing such forms as may be necessary for carrying out the provisions of this Act.
2005, c. 30, s. 9
s 21. Offences and penalties
Every person who fails to comply with this Act or an order made under subsection 16(4) or section 16.1 is guilty of an offence and liable upon summary conviction to a fine of not less than $100 and not more than $5,000.
Proposed Amendment -- 21
21. Offences and penalties
Every person who fails to comply with this Act, the regulations or an order made under subsection 16(4) or section 16.1 is guilty of an offence and liable upon summary conviction, if no specific penalty is provided for the offence in this Act or the regulations, to a fine of not less than $100 and not more than $5,000.
2007, c. 4, s. 6 [Not in force at date of publication.]
1994, c. 58, s. 6 (Sched.); 2005, c. 30, s. 11

Quebec

R.S.Q., chapterA-2
Agricultural Abuses Act
DIVISION V
DOGS
Obligations of Dog Owners
Declaration.
9.Except in territories not organized, the owner, possessor or custodian of a dog shall, within eight days after its acquisition, furnish a declaration thereof to the secretary-treasurer or clerk of the local municipality.
Contents.
The declaration shall set forth the name and domicile of the keeper and all particulars necessary to establish the identity of each dog, as well as any other relevant information required by the municipal by-laws R. S. 1964, c. 130, s. 9; 1986, c. 95, s. 4; 1996, c. 2, s. 5.
Unorganized territory.
11.Every owner, possessor or custodian of a dog is forbidden to allow it to wander in territory which is not organized, between 1 May and 15 December.
R. S. 1964, c. 130, s. 11.
Destruction of dog.
12.Any person may destroy a dog found wandering in violation of the provisions of section 11.
R. S. 1964, c. 130, s. 12.
Duties of Local Municipalities

Preventing damage.
13.Every local municipality shall, by suitable regulations and supervision, prevent the damage which stray dogs may cause.
R. S. 1964, c. 130, s. 13; 1996, c. 2, s. 12; 1999, c. 40, s. 2.
Enforcing law.

14.Every local municipality is specially obliged to see that the provisions of this division are observed; its officers and employees shall seek out and prosecute any violation and shall lock up or destroy any dog wandering contrary to the above provisions or to the municipal by-laws.
R. S. 1964, c. 130, s. 14; 1996, c. 2, s. 12.
Responsibility of Local Municipalities

.Recourse of municipality.
19.The municipality responsible shall have a recourse for the reimbursement of the indemnities and valuation and arbitration costs which it has been called upon to pay pursuant to this Act, as the result of damage caused by a dog, against any person civilly responsible for compensating victims for such damage.
Recourse.
Where damage is caused by a dog kept outside the territory of the municipality, the same recourse may be had against the local municipality in whose territory such dog is kept, saving the local municipality's right to exercise the recourse hereinabove provided for.
R. S. 1964, c. 130, s. 19; 1996, c. 2, s. 10; 1999, c. 40, s. 2.
Special fund.

Penal Provisions

Fine.
21.Every contravention of any provision of this division renders the defendant liable to a fine of $5 to $25.
R. S. 1964, c. 130, s. 21; 1990, c. 4, s. 18.
DIVISION VI
VICIOUS DOGS
Order to confine or kill dog.
22.(1)Any justice of the peace, before whom it is alleged that a dog is vicious or supposed to be attacked by hydrophobia, or is in the habit of attacking persons, or animals at large or in harness, without the limits of its master's property, may, after hearing the parties, order the owner or person keeping such dog to cause it to be confined for 40 days, or may order such dog to be killed, with costs against such owner or person.
Penalty.
(2)If the owner or person keeping such dog permit it to go at large, or fail to kill it in contravention of the order of the justice, he shall be liable to a penalty of $1 per day for each day during which the offence continues.
Order to kill dog.
(3)If it be proved that the dog has bitten any person outside the limits of his master's property, and that the dog is vicious, the justice of the peace shall order the owner or person keeping it to kill it.

Saskatchewan

An Act to Provide for the Protection of Service Animals
Preamble
WHEREAS there is no current provincial legislation that protects service animals in Saskatchewan;
AND WHEREAS it is a well established fact that service animals provide important and unique services to people living with disabilities and to peace officers in carrying out their duties;
AND WHEREAS service animals often provide these services in public and in the case of police service animals in dangerous circumstances at risk to themselves, such as Police Service Dog Cyr who was shot and killed in 2001 and Police Service Dog Icon who was stabbed on November 19, 2009;
AND WHEREAS several jurisdictions throughout North America in recent years have passed legislation to promote the protection of all service animals:
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:
Short title
1 The Protection of Service Animals Act.
Interpretation
2(1) In this Act:
(a) "disability" means:
(i) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other service animal or on a wheelchair or other remedial appliance or device;

SERVICE ANIMALS PROTECTION
2
(ii) a condition of mental impairment or a developmental disability;
(iii) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
(iv) a mental disorder; or
(v) an injury or disability for which benefits were claimed or received under the insurance plan established under The Workers' Compensation Act, 1979;
(b) "service animal" means an animal:
(i) that is trained or is in training and has recognized certification to be used by a person with a disability for reasons relating to that person's disability;
(ii) that is trained or is in training to be used by a peace officer in the execution of the peace officer's duties; or
(iii) that is trained or is in training to be used by a person who is authorized by a peace officer to assist peace officers in the carryng out of the peace officers' duties.
Offences
3(1) No person shall touch, feed, impede or interfere with a sevice animal, without lawful excuse or authority.
(2) No person who owns an animal, other than a service animal or has possession or control of an animal, other than a service animal shall allow that animal to touch, impede or interfere with a service animal, without lawful excuse or authority.
Penalty
4 Every person who contravenes any provision in section 3 is guilty of an offence and liable on summary conviction to the penalties set out in The Animal Protection Act, 1999.
Animal obedience training
5 If a judge finds a person guilty of an offence under subsection 3(2), the judge may, in a probation order and in addition to any other penalty, prescribe that the person attend animal obedience training with the animal that touched, impeded or interfered with the service animal.
Compensation order
6(1) In addition to a penalty pursuant to section 4, the judge who convicts a person may order that the person pay compensation to the owner of the sevice animal, or any other person, for loss or damage suffered by the owner or other person as a consequence of the commission of the offence, in an amount that the judge may determine.

SERVICE ANIMALS PROTECTION
3
(2) The owner or other person to whom compensation is payable under an order made pursuant to subsection (1) may file a certified copy of the order in the Court of Queen's Bench and once filed, the order may be enforced as an order of that court.
Limitation
7 A prosecution under this Act may not be commenced later than one year after the day the alleged offence was committed.
Coming into force
8 This Act comes into force on Assent.
REGINA SASKATCHEWAN
Printed under the authority of The Speaker of the Legislative Assembly of Saskatchewan, 2010

Yukon

Yukon Statutes - Dog Act
Citation: R.S.Y. 2002, c. 59
Summary: This set of laws comprises the Yukon Dog Act. Dogs found at large contrary to the Act are impounded for a period of five days for owners to reclaim them. The Actalso states that aperson may kill a dog that is running at large in the act of pursuing, worrying, injuring or destroying cattle, horses, sheep, pigs or poultry.
s 5. Running at large
5(1)
No owner shall permit a dog to run at large
(a) in an area that may be defined by the Commissioner in Executive Council;
(b) contrary to a bylaw made by the council of a municipality;
(c) that is of a vicious temperament or dangerous to the public safety; or
(d) while in heat.
5(2)
An officer may seize or kill a dog found running at large contrary to paragraph (1)(c) or (d).
s 7. Seizure and sale
7(1)
An officer may seize a dog from a person whom the officer finds violating this Act.
7(2)
Subject to subsection (6), an officer who has seized a dog under subsection (1) shall restore possession of the dog to the owner thereof if
(a) the owner claims the dog within five days after the date of seizure; and
(b) the owner pays to the officer all expenses incurred in securing, caring for and feeding the dog.
s 10. Proceedings against owner
10(1)
On receiving a complaint made under oath that an owner has a dog that has, while running at large, within the preceding three months pursued, worried or injured a person or pursued, worried or injured or destroyed any cattle, horses, sheep, pigs or poultry, a justice may issue a summons requiring the owner to appear before the justice to answer the complaint at the time and place stated in the summons.
S 10(2)
On summary conviction on the evidence of one or more credible witnesses other than the complainant, the justice may make an order for the destruction of the dog within three days, or for the control of the dog. If the dog is not destroyed pursuant to the order, or the order for the control of the dog is not complied with, the justice may direct a peace officer to destroy the dog or execute the order, as may suit the case, and the owner of the dog commits an offence.
11(2)
No conviction or order under section 10 shall bar a person from bringing an action for the recovery of damages for injury done to the person by a dog.
s 12. Nature of proof in civil action
It is not necessary for the plaintiff in an action referred to in section 11 to prove that the defendant knew of the dog's propensity to
(a) pursue, worry or injure persons; or
(b) pursue, worry, injure or destroy animals.
The defendant's liability shall not depend on previous knowledge of their dog's propensity.
s 13. Offence and penalty
Every person who violates any provision of this Act commits an offence.
s 14. Regulations

The Commissioner in Executive Council may make regulations for carrying out the purposes and provisions of this Act.

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