State laws New Mexico

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State laws in New Mexico.

Definitions

As used in the Assistance Animal Act, "qualified assistance animal" means any assistance dog or other animal that has been or is being trained to provide assistance to an individual with a disability and includes:

A. an assistance dog that has been or is being trained as a guide dog, hearing dog or service dog;

B. a guide dog that has been or is being trained to aid a blind or visually impaired person;

C. a hearing dog that has been or is being trained to aid a deaf or hearing-impaired person; and

D. a service dog that has been or is being trained to aid a person with a disability other than a sight or hearing impairment.

Admittance of service animals

28-11-3. Admittance of qualified assistance animals.

Notwithstanding any other provision of law:

A. A qualified assistance animal shall be admitted to any building open to the public and to all public accommodations such as restaurants, hotels, hospitals, swimming pools, stores, common carriers and theaters; provided that the qualified assistance animal is under the control of an owner or a trainer of the qualified assistance animal. No person shall be required to pay any additional charges for the qualified assistance animal, but shall be liable for any damage done by the qualified assistance animal.

B. In an emergency requiring transportation or relocation of the owner or trainer of the qualified assistance animal, to the extent practicable, accommodations shall be made for the qualified assistance animal to remain or be reunited with the owner or trainer.

These laws define service dogs using the wording of the ADA and permits them the same level of access as the ADA.

Service animals in tattoo parlors

16.36.3.8 REQUIREMENTS FOR ESTABLISHMENT

A. All walls and floors of a body art establishment shall be washable and in good repair. Walls and floors shall be maintained in a clean condition. All surfaces, including client chairs and benches shall be of such construction as to be easily cleaned and sanitized after each client procedure. All body art establishments shall be completely separated by solid partitions, or by walls extending from floor to ceiling, from any room used for human habitation, a food establishment or room where food is prepared, a hair salon, retail sales, or other such activity which may cause potential contamination of work surfaces.

B. Insects, vermin and rodents shall not be present in any part of the body art establishment, its appurtenances or appertaining premises.

C. There shall be a minimum of 40 square feet of floor space for each procedure room. Each body art establishment shall have an area which may be screened from public view for clients requesting privacy. Multiple procedure rooms shall be separated by wipe able dividers, curtains or partitions.

D. The body art establishment shall be well-ventilated and provided with an artificial light source equivalent to at least 20 foot candles three feet off the floor, except that at least 100 foot candles shall be provided at the level where the body art procedure is being performed, and where instruments and sharps are assembled.

E. No animals of any kind shall be allowed in a procedure room except service animals used by persons with limitations. Small animals confined to a cage or aquariums are allowed only outside a procedure room.


State laws may be superseded by the ADA. For the text of the ADA, click here. For general information about service dogs, click here. If you are looking for information on service dogs in places of business, check out our Information for businesses.


All opinions and summaries on this page are my own and should not be construed as legal advice. If you are in need of advice on the state or federal laws applicable to service dogs you should contact a lawyer. Last revised 9/26/2009

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