“Service animal” means any guide dog, signal dog, or other animal trained to do work, perform tasks, or provide assistance for the benefit of an individual with a disability. The term includes an animal trained to provide assistance or protection services to an individual with a disability, pull a wheelchair, lend balance support, retrieve dropped objects, or provide assistance in a medical crisis.
An individual with a disability is entitled to be accompanied by a service animal 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 animal; provided, that the individual is liable for any damage done to the premises or facility by the animal.
Right to be accompanied by service animal applies to trainer of service animal under § 25-13-02.1.
Class A misdemeanor to deny admittance or interfere with rights (except for trainer of service animal).
Harassment of/Interference with Service Dogs
Class C felony and subject to a civil penalty of up to $10,000 if a personwillfully and unjustifiablykills, shoots, tortures, torments, beats, kicks, strikes, mutilates, disables, or otherwise injures a service animal.
Class A misdemeanor and subject to a civil penalty of up to $5,000 if a person willfully:
- Harasses, taunts, or provokes a service animal; or
b. Interferes with a service animal while the animal is working.
If the driver of a motor vehicle approaches an individual who is blind or visually impaired and who is accompanied by a service animal, the driver shall take all reasonable precautions to avoid injury to the individual and the service animal.
Any driver who fails to take reasonable precautions is liable to the individual for any injury caused.