State laws Utah

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State laws in Utah.

This law has been updated to remove emotional support animals.

Contents

Definitions

  • Definitions (Note removal of emotional support animals from the definition of service animal)

(3) "Service animal" means:

(a) (i) a guide dog;
(ii) a signal dog; or
(iii) any other animal individually trained to do work or perform tasks for the benefit of a person with a disability, including:
(A) guiding a person with impaired vision;
(B) alerting a person with impaired hearing to intruders or sounds;
(C) providing minimal protection or rescue work;
(D) pulling a wheelchair; or
(E) fetching dropped items; or
(b) an animal in training to become an animal described in Subsection (3)(a).


Right to be accompanied by service animal

[Right to be accompanied by a service animal

(1) (a) A person with a disability has the right to be accompanied by a service animal, unless the service animal is a danger or nuisance to others as interpreted under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102:

(i) in any of the places specified in Section 62A-5b-103; and
(ii) without additional charge for the service animal.
(b) This section does not prohibit an owner or lessor of private housing accommodations from charging a person, including a person with a disability, a reasonable deposit as security for any damage or wear and tear that might be caused by a service animal if the owner or lessor would charge a similar deposit to other persons for potential wear and tear.
(c) An owner or lessor of private housing accommodations may not, in any manner, discriminate against a person with a disability on the basis of the person's possession of a service animal.
(2) A person who is not a person with a disability has the right to be accompanied by an animal that is in training to become a service animal:
(a) in any of the places specified in Section 62A-5b-103; and
(b) without additional charge for the animal.
(3) A person with a disability is liable for any loss or damage caused or inflicted to the premises by the person's service animal.
(4) A person accompanied by a service animal is encouraged to identify the animal by exhibiting one or more of the following:
(a) the animal's laminated identification card;
(b) the animal's service vest; or
(c) another form of identification.


These laws protect the public access rights of service dog users. The laws encourage service dog users to identify their dogs with a vest, card or some other method of identification, but do not require it for public access. This law provides the same level of protection as the ADA.

Interference with rights provided in this chapter -- Misrepresentation of rights under this chapter.

62A-5b-106.

(1) Any person, or agent of any person, who denies or interferes with the rights provided in this chapter is guilty of a class C misdemeanor.
(2) A person is guilty of a class B misdemeanor if:
(a) the person intentionally and knowingly falsely represents to another person that an animal is a service animal as defined in Section 62A-5b-102; or
(b) the person knowingly and intentionally misrepresents a material fact to a health care provider for the purpose of obtaining documentation from the health care provider necessary to designate an animal as a service animal as defined in Section 62A-5b-102.

Damages recoverable for harm to or theft of service animal.

Damages recoverable

78B-3-702.

(1) A person with a disability who uses a service animal, or the owner of a service animal has a cause of action for economic and noneconomic damages against:

(a) any person who steals or, without provocation, attacks the service animal; and
(b) the owner or keeper of any animal that without provocation attacks a service animal due to the owner's or keeper's negligent failure to exercise sufficient control over the animal to prevent the attack.

(2) The action authorized by this section maybe brought by a person with a disability who uses the service animal, or the owner of the service animal. (3) The measure of economic damages in an action brought under Subsection (1) regarding a service animal that is not returned or is killed or injured due to an unprovoked attack so that the service animal is unable to function again as a service animal includes:

(a) the replacement value of an equally trained service animal, without any differentiation for the age or experience of the animal; and
(b) costs and expenses incurred by the person with a disability or the owner, including:
(i) costs of temporary replacement assistance services, whether provided by another service animal or by a person;
(ii) reasonable costs incurred in efforts to recover a stolen service animal; and
(iii) court and attorney costs incurred in bringing an action under this section.

(4) If the unprovoked attack on a service animal results in injuries from which the animal recovers so it is able to again function as a service animal for the person with a disability, or if the theft of the service animal results in the recovery of the service animal and the animal is again able to function as a service animal for the person with a disability, the measure of economic damages is the costs and expenses incurred by the person with a disability or the owner as a result of the theft of or injury to the service animal, and includes:

(a) veterinary medical expenses;
(b) costs of temporary replacement assistance services, whether provided by another service animal or a person;
(c) costs incurred in recovering the service animal, such as a reward; and
(d) court and attorney costs incurred in bringing an action under this section.

Renumbered and Amended by Chapter 3, 2008 General Session


Injury to service animals -- Penalties.

Injury to service animals

76-9-307.

(1) As used in this section:
(a) "Disability" has the same meaning as defined in Section 62A-5b-102.
(b) "Search and rescue dog" means a dog:
(i) with documented training to locate persons who are:
(A) lost, missing, or injured; or
(B) trapped under debris as the result of a natural or man-made event; and
(ii) affiliated with an established search and rescue dog organization.
(c) "Service animal" means:
(i) a service animal as defined in Section 62A-5b-102; or
(ii) a search and rescue dog.
(2) It is a class A misdemeanor for a person to knowingly, intentionally, or recklessly cause substantial bodily injury or death to a service 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 a service animal; or
(b) the service animal's subsequent inability to function as a service animal as a result of the animal's attacking, chasing, or harassing the service animal.
(4) It is a class B misdemeanor for a person to chase or harass a service 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 a service animal while it is carrying out its functions as a service animal, to the extent that the animal temporarily interferes with the service animal's ability to carry out its functions.
(6) (a) A service 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 service animal or the person with a disability whom the service 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 service animal or the person with a disability whom the service animal serves for the replacement, training, and veterinary costs incurred as a result of the violation of this section.
(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.

Amended by Chapter 110, 2009 General Session

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 10/2/2009

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