State laws North Dakota
From Service Dog Training
State laws North Dakota.
Contents |
Definitions
25-13-01.1. Definitions. For purposes of this chapter:
1. "Assistance dog" includes a dog that has been specially trained to assist an individual with a disability. The term includes guide dogs that guide individuals who are legally blind, hearing dogs that alert individuals who are hard of hearing to specific sounds, and service dogs for individuals with disabilities other than blindness or deafness. The term does not include a dog that is not trained to mitigate an individual's disability, but the presence of which is to provide for the comfort, protection, or personal defense of an individual.
2. "Service dogs" includes dogs trained to perform a variety of physical tasks, including pulling a wheelchair, lending balance support, retrieving dropped objects, and providing assistance in a medical crisis.
Admission to public places
25-13-02. Individual with a disability - Assistance dog - Admission to public places. An individual with a disability is entitled to be accompanied by an assistance dog in places of public accommodations, common carriers, facilities of a health care provider, and all places to which the public is generally invited, without being required to pay an extra charge for the assistance dog; provided, that the individual is liable for any damage done to the premises or facility by the assistance dog.
Trainer access
25-13-02.1. Trainer and assistance dog in training - Admission to public places. 1. A trainer with an assistance dog in training may enter any place of public accommodation, common carrier, facility of a health care provider, and any place to which the public is generally invited, without being required to pay an extra charge for the assistance dog in training, provided: a. The trainer notifies an onsite manager that an assistance dog in training is being brought onto the premises; b. The trainer wears a photo identification card issued by a nationally recognized dog training program; and c. The trainer is liable for any damage done to the premises or facility by the assistance dog in training. 2. Upon receiving notice as provided in subsection 1, the onsite manager may not deny admission to the trainer and the assistance dog in training without good cause.
White Cane Law
25-13-03. Driver of motor vehicle - Precaution - Individual with assistance dog. If the driver of a motor vehicle approaches an individual who is blind or visually impaired and who is carrying a cane predominately white or metallic in color, with or without a red tip, or who is accompanied by an assistance dog, the driver shall take all reasonable precautions to avoid injury to the individual and the assistance dog. Any driver who fails to take reasonable precautions is liable to the individual for any injury caused. An individual who is blind or visually impaired and not carrying a cane or an individual with a disability who is not accompanied by an assistance dog has all of the rights and privileges conferred by law upon other individuals. The failure of an individual who is blind or visually impaired to carry a cane or the failure of an individual with a disability to be accompanied by an assistance dog is not by itself evidence of fault.
Penalties
25-13-04. Penalty for interfering or denying use of facilities. Any person who denies or interferes with admittance to or enjoyment of the public places or facilities enumerated in section 25-13-02 or otherwise interferes with the rights of an individual who is blind or visually impaired, or with the rights of an individual who is accompanied by an assistance dog, is guilty of a class A misdemeanor. This section does not apply to a denial of admission under section 25-13-02.1.
Overview
This law protects the right of a disabled person to be accompanied by their service dog in all public accommodations. It defines a service dog as a dog trained to to provide a service to a person with a disability. This wording is similar to the ADA and provides the same level of protection.
Note: Link to the above law is a PDF file and requires Adobe Acrobat Reader.
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
