State laws North Carolina
From Service Dog Training
State laws North Carolina.
Contents |
Right to be accompanied by a service animal
§ 168‑4.2. May be accompanied by service animal.
(a) Every person with a disability has the right to be accompanied by a service animal trained to assist the person with his or her specific disability in any of the places listed in G.S. 168‑3, and has the right to keep the service animal on any premises the person leases, rents, or uses. The person qualifies for these rights upon the showing of a tag, issued by the Department of Health and Human Services, under G.S. 168‑4.3, stamped "NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION" and stamped with a registration number, or upon a showing that the animal is being trained or has been trained as a service animal. The service animal may accompany a person in any of the places listed in G.S. 168‑3.
(b) An animal in training to become a service animal may be taken into any of the places listed in G.S. 168‑3 for the purpose of training when the animal is accompanied by a person who is training the service animal and the animal wears a collar and leash, harness, or cape that identifies the animal as a service animal in training. The trainer shall be liable for any damage caused by the animal while using a public conveyance or on the premises of a public facility or other place listed in G.S. 168‑3. (1985, c. 514, s. 1; 1987, c. 401, s. 1; 1995, c. 276, s. 1; 1997‑443, s. 11A.118(a); 2004‑203, s. 62(a); 2005‑450, s. 1.)
Training and registration of a service animal
§ 168‑4.3. Training and registration of service animal.
The Department of Health and Human Services, shall adopt rules for the registration of service animals and shall issue registrations to a person with a disability who makes application for registration of an animal that serves as a service animal or to a person who is training an animal as a service animal.
The rules adopted regarding registration shall require that the animal be trained or be in training as a service animal. The rules shall provide that the certification and registration need not be renewed while the animal is serving or training with the person applying for the registration. No fee may be charged the person for the application, registration, tag, or replacement in the event the original is lost. The Department of Health and Human Services may, by rule, issue a certification or accept the certification issued by the appropriate training facilities. (1985, c. 514, s. 1; 1987, c. 401, s. 2; 1997‑443, s. 11A.118(a); 2004‑203, s. 62(b); 2005‑450, s. 1.)
Responsibility for a service animal
§ 168‑4.4. Responsibility for service animal.
Neither a person with a disability who is accompanied by a service animal, nor a person who is training a service animal, may be required to pay any extra compensation for the animal. The person has all the responsibilities and liabilities placed on any person by any applicable law when that person owns or uses any animal, including liability for any damage done by the animal. (1985, c. 514, s. 1; 2004‑203, s. 62(c); 2005‑450, s. 1.)
Penalty
§ 168‑4.5. Penalty.
It is unlawful to disguise an animal as a service animal or service animal in training. It is unlawful to deprive a person with a disability or a person training a service animal of any rights granted the person pursuant to G.S. 168‑4.2 through G.S. 168‑4.4, or of any rights or privileges granted the general public with respect to being accompanied by animals or to charge any fee for the use of the service animal. Violation of this section shall be a Class 3 misdemeanor. (1985, c. 514, s. 1; 1987, ch. 401, s. 3; 1993, c. 539, s. 1120; 1994, Ex. Sess., c. 24, s. 14(c); 2005‑450, s. 1.)
==Overview
This law protects the rights of service dog users in places of public accommodation. However, it lists registering the animal with the Department of Health and Human Services or showing that the animal has been trained as a service animal as a condition for public access. I cannot find any documentation of any registry or registration process provided by the Department for Health and Human Services on their website. It does not state how a place of public access may determine if the animal has been trained. This part of the law is very vague. The ADA does not require service dogs to be registered and thus provides greater protection to the service dog user in this case. An individual may choose to register their dog (if the registry does in fact exist), but it cannot be held as a condition for public access.
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
