Maine State Service Dog Laws

Maine Law can be found here. Please expand the sections below to read more about the sections related to service animals.

Important points:

Summary – Service Dogs in Training may be trained in public places by an “especially trained” service dog trainer.

Detailed – Crimes § 1312 Rights 4. Especially trained service dog trainer;  access to public facilities;  responsibilities.  An especially trained service dog trainer, while engaged in the actual training process and activities of service dogs, has the same rights, privileges and responsibilities described in this section with respect to access to and use of public facilities as are applicable to a blind, visually handicapped or otherwise physically or mentally disabled person.

As used in this Act, unless the context or subchapter otherwise indicates, the following words have the following meanings.

1. Commission.  “Commission” means the Maine Human Rights Commission established by this Act.

1-A. Commercial facilities.  “Commercial facilities” means facilities that are intended for nonresidential use.

1-B. Covered entity.  For purposes of subchapter III, [FN1] “covered entity” means an employer, employment agency, labor organization or joint labor-management committee.  For purposes of subchapter V, [FN2] “covered entity” means any applicable private entity or public entity.

1-C. Direct threat.  For purposes of subchapter III, “direct threat” means a significant risk to the health or safety of others that can not be eliminated by reasonable accommodation.

1-D. Aggrieved person.  “Aggrieved person” includes any person who claims to have been subject to unlawful discrimination.  “Aggrieved person” also includes any person who claims to have been injured by unlawful housing discrimination.

1-E. Complainant.  “Complainant” means a person who files a complaint under section 4611 or a civil action under section 4621.

1-F. Conciliation.  “Conciliation” means the attempted resolution of issues raised by a complaint filed under section 4611 or by an investigation of such a complaint through informal negotiations involving the complainant, the respondent and the commission.

1-G. Conciliation agreement.  “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation.

1-H. Assistance animal.“Assistance animal” means, for the purposes of subchapter 4:

A. An animal that has been determined necessary to mitigate the effects of a physical or mental disability by a physician, psychologist, physician assistant, nurse practitioner or licensed social worker;  or

B. An animal individually trained to do work or perform tasks for the benefit of an individual with a physical or mental disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are deaf or hard of hearing to intruders or sounds, providing reasonable protection or rescue work, pulling a wheelchair or retrieving dropped items.

2. Discriminate.  “Discriminate” includes, without limitation, segregate or separate.

For purposes of subchapter III, “discriminate” also includes, as it relates to individuals with physical or mental disability:

A. Limiting, segregating or classifying a job applicant or employee in a way that adversely affects the opportunities or status of the applicant or employee because of the disability of the applicant or employee;

B. Participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity’s qualified applicant or employee with a disability to the discrimination prohibited by this Act.  A relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity or an organization providing training and apprenticeship programs;

C. Utilizing standards, criteria or methods of administration:

(1) That have the effect of discrimination on the basis of disability;  or

(2) That perpetuate the discrimination of others who are subject to common administrative control;

D. Excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;

E. Not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the covered entity;

F. Denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if the denial is based on the need of the covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;

G. Using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity;  and

H. Failing to select and administer tests concerning employment in the most effective manner to ensure that, when the test is administered to a job applicant or employee who has a disability that impairs sensory, manual or speaking skills, the test results accurately reflect the skills, aptitude or any other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual or speaking skills of the employee or applicant, except when the skills are the factors that the test purports to measure.

2-A. Educational institution.  “Educational institution” means any public school or educational program, any public post-secondary institution, any private school or educational program approved for tuition purposes if both male and female students are admitted and the governing body of each such school or program.  For purposes related to disability-related discrimination, “educational institution” also means any private school or educational program approved for tuition purposes.

3. Employee.  “Employee” means an individual employed by an employer.  “Employee” does not include any individual employed by that individual’s parents, spouse or child, except for purposes of disability-related discrimination, in which case the individual is considered to be an employee.

4. Employer.  “Employer” includes any person in this State employing any number of employees, whatever the place of employment of the employees, and any person outside this State employing any number of employees whose usual place of employment is in this State;  any person acting in the interest of any employer, directly or indirectly;  and labor organizations, whether or not organized on a religious, fraternal or sectarian basis, with respect to their employment of employees.  “Employer” does not include a religious or fraternal corporation or association, not organized for private profit and in fact not conducted for private profit, with respect to employment of its members of the same religion, sect or fraternity, except for purposes of disability-related discrimination, in which case the corporation or association is considered to be an employer.

5. Employment agency.  “Employment agency” includes any person undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer or place employees;  it includes, without limitation, placement services, training schools and centers, and labor organizations, to the extent that they act as employee referral sources;  and it includes any agent of such person.

5-A. Familial status.  “Familial status” means that a family unit may contain one or more individuals who have not attained the age of 18 years and are living with:

A. A parent or another person having legal custody of the individual or individuals;  or

B. The designee of the parent or other person having custody, with the written permission of the parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or who is in the process of securing legal custody of any individual who has not attained the age of 18 years.

5-B. Family.  “Family” includes, but is not limited to, a single individual.

6. Housing accommodation.  “Housing accommodation” includes any building or structure or portion thereof, or any parcel of land, developed or undeveloped, that is occupied, or is intended to be occupied or to be developed for occupancy, for residential purposes.

A. to C. Deleted Laws 2011, c. 613, § 6.

6-A. Normal retirement age.  “Normal retirement age” means the specified age, the years of service requirement or any age and years of service combination at which a member may become eligible for retirement benefits.  This subsection may not be construed to require the mandatory retirement of a member or to deny employment to any person based solely on that person’s normal retirement age.

7. Person.  “Person” includes one or more individuals, partnerships, associations, organizations, corporations, municipal corporations, legal representatives, trustees, trustees in bankruptcy, receivers and other legal representatives, labor organizations, mutual companies, joint-stock companies and unincorporated organizations and includes the State and all agencies thereof.

7-A. Physical or mental disability.  “Physical or mental disability” has the meaning set forth in section 4553-A.

7-B. Repealed.  Laws 2007, c. 385, § 2, eff. June 21, 2007.

8. Place of public accommodation.  ‘Place of public accommodation’ means a facility, operated by a public or private entity, whose operations fall within at least one of the following categories:

A. An inn, hotel, motel or other place of lodging, whether conducted for the entertainment or accommodation of transient guests or those seeking health, recreation or rest;

B. A restaurant, eating house, bar, tavern, buffet, saloon, soda fountain, ice cream parlor or other establishment serving or selling food or drink;

C. A motion picture house, theater, concert hall, stadium, roof garden, airdrome or other place of exhibition or entertainment;

D. An auditorium, convention center, lecture hall or other place of public gathering;

E. A bakery, grocery store, clothing store, hardware store, shopping center, garage, gasoline station or other sales or rental establishment;

F. A laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, dispensary, clinic, bathhouse or other service establishment;

G. All public conveyances operated on land or water or in the air as well as a terminal, depot or other station used for specified public transportation;

H. A museum, library, gallery or other place of public display or collection;

I. A park, zoo, amusement park, race course, skating rink, fair, bowling alley, golf course, golf club, country club, gymnasium, health spa, shooting gallery, billiard or pool parlor, swimming pool, seashore accommodation or boardwalk or other place of recreation, exercise or health;

J. A nursery, elementary, secondary, undergraduate or postgraduate school or other place of education;

K. A day-care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service center establishment;

L. Public elevators of buildings occupied by 2 or more tenants or by the owner and one or more tenants;

M. A municipal building, courthouse, town hall or other establishment of the State or a local government;  and

N. Any establishment that in fact caters to, or offers its goods, facilities or services to, or solicits or accepts patronage from, the general public.

When a place of public accommodation is located in a private residence, the portion of the residence used exclusively as a residence is not covered by this subchapter, but that portion used exclusively in the operation of the place of public accommodation or that portion used both for the place of public accommodation and for the residential purposes is covered by this subchapter.  The covered portion of the residence extends to those elements used to enter the place of public accommodation, and those exterior and interior portions of the residence available to or used by customers or clients, including rest rooms.

8-A. Private entity.  “Private entity” means any entity other than a public entity.

8-B. Public accommodation.  “Public accommodation” means a public or private entity that owns, leases, leases to or operates a place of public accommodation.

8-C. Public entity.  “Public entity” means:

A. The State or any local government;

B. Any department, agency, special purpose district or other instrumentality of the State, 2 or more states or a local government;  and

C. A state, local or private commuter authority as defined in the federal Rail Passenger Service Act, Section 103(8).[FN3]

8-D. Qualified individual with a disability.  “Qualified individual with a disability” applies to only:

A. Subchapter III (employment);  and

B. Subchapter V (public accommodations) with regard to public entities only.

For purposes of subchapter III, “qualified individual with a disability” means an individual with a physical or mental disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires.

For purposes of subchapter V, “qualified individual with a disability” means an individual with a disability who, with or without reasonable modification to rules, policies or practices, the removal of architectural, communication or transportation barriers or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

9. Real estate broker and salesman.  “Real estate broker” and “real estate salesman” have the same definitions as are given respectively in Title 32, section 4001, subsections 2 and 3;  but include all persons meeting those definitions, whether or not they are licensed or required to be licensed.

9-A. Reasonable accommodation.  For purposes of subchapter III, “reasonable accommodation” may include, but is not limited to:

A. Making existing facilities used by employees readily accessible to and usable by individuals with disabilities;  and

B. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters and other similar accommodations for individuals with disabilities.

9-B. Undue hardship;  undue burden.  “Undue hardship” or “undue burden” mean an action requiring undue financial or administrative hardship.  In determining whether an action would result in an undue hardship, factors to be considered include:

A. The nature and cost of the accommodation needed under this Act;

B. The overall financial resources of the facility or facilities involved in the action, the number of persons employed at the facility, the effect on expenses and resources or the impact otherwise of the action upon the operation of the facility;

C. The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees and the number, type and location of its facilities;

D. The type of operation or operations of the covered entity, including the composition, structure and functions of the work force of the entity, the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity;

E. All the resources available to meet the costs of the accommodation, including any government funding or other grants available for making public accommodations and places of employment accessible;

F. The extent to which current costs of accommodations have been minimized by past efforts to provide equal access to persons with disabilities;

G. The extent to which resources spent on improving inaccessible equipment or service could have been spent on making an accommodation so that service or equipment is accessible to individuals with disabilities, as well as to individuals without disabilities;

H. Documented good faith efforts to explore less restrictive or less expensive alternatives;

I. The availability of equipment and technology for the accommodation;

J. Whether an accommodation would result in a fundamental change in the nature of the public accommodation;

K. Efforts to minimize costs by spreading costs over time;  and

L. The extent to which resources saved by failing to make an accommodation for persons who have disabilities could have been saved by cutting costs in equipment or services for the general public.

“Undue hardship” or “undue burden” is a higher standard than “readily achievable” and requires a greater level of effort on the part of the public accommodation.

9-C. Sexual orientation.  “Sexual orientation” means a person’s actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression.

9-D. Repealed. Laws 2011, c. 369, § 1.

9-E. Service animal.  “Service animal” means:

A. Repealed.  Laws 2015, c. 457, § 2, eff. July 29, 2016.

B. For the purposes of subchapter 5, a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.  Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.  The work or tasks performed by a service animal must be directly related to the individual’s disability.  Examples of such work or tasks include, but are not limited to, assisting an individual who is totally or partially blind with navigation and other tasks, alerting an individual who is deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an individual to the presence of allergens, retrieving items such as medicine or a telephone, providing physical support and assistance with balance and stability to an individual with a mobility disability and helping a person with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors.  The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition.

9-F. Rent.  “Rent” includes to lease, to sublease, to let or otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

9-G. Respondent.  “Respondent” means a person accused of unlawful discrimination in a complaint filed under section 4611 or a civil action filed under section 4621.

10. Unlawful discrimination.  “Unlawful discrimination” includes:

A. Unlawful employment discrimination as defined and limited by subchapter III;

B. Unlawful housing discrimination as defined and limited by subchapter IV;

C. Unlawful public accommodations discrimination as defined by subchapter V;

D. Aiding, abetting, inciting, compelling or coercing another to do any of such types of unlawful discrimination;  obstructing or preventing any person from complying with this Act or any order issued in this subsection;  attempting to do any act of unlawful discrimination;  and punishing or penalizing, or attempting to punish or penalize, any person for seeking to exercise any of the civil rights declared by this Act or for complaining of a violation of this Act or for testifying in any proceeding brought in this subsection;

E. In determining whether a person is acting as an agent or employee of another person so as to make such other person responsible for that person’s acts, the question of whether the specific acts performed were actually authorized or subsequently ratified is not controlling;

F. Unlawful educational discrimination as defined and limited by subchapter 5-B; [FN4]  and

G. Discrimination in employment, housing, public accommodation, credit and educational opportunity on the basis of sexual orientation, except that a religious corporation, association or organization that does not receive public funds is exempt from this provision with respect to:

(1) Employment, as is more fully set forth in section 4553, subsection 4 and section 4573-A;

(2) Housing;  and

(3) Educational opportunity, as is more fully set forth in section 4602, subsection 4.

Any for-profit organization owned, controlled or operated by a religious association or corporation and subject to the provisions of the Internal Revenue Code, 26 United States Code, Section 511(a) is not covered by the exemptions set forth in this paragraph.

1. License;  January 1st.  Each owner or keeper of a dog at the age of 6 months or more, on or before January 1st of each year, shall obtain a license:

A. From the clerk of the municipality where the dog is kept;

B. From the dog recorder in the unorganized territory where the dog is kept or, in the absence of a duly authorized dog recorder, from a dog recorder in the nearest municipality or unorganized territory in the same county where the dog is kept;

C. From a person authorized to issue licenses under section 3923-F;  or

D. From the department using the Internet in accordance with section 3923-G.

2. License;  after January 1st.  The owner or keeper, within 10 days of the conditions of paragraph A or B being met, shall obtain a license, if between January 1st and October 15th of any year:

A. A dog reaches the age of 6 months or more;  or

B. A person becomes the owner or keeper of a dog aged 6 months or more.

3. Proof of immunization.   A municipal clerk may not issue a license for a dog until the applicant has filed with the clerk proof that the dog has been immunized against rabies in accordance with rules adopted by the Commissioner of Health and Human Services, except that the requirement of immunization may be waived by the clerk under conditions set forth by the Commissioner of Health and Human Services.

The commissioner shall adopt rules that allow the clerk and the commissioner to accept valid proof of immunization against rabies provided by another state.

3-A. Repealed.  Laws 2007, c. 439, § 13.

3-B. Proof of permanent identification and other restrictions on licensing a wolf hybrid.  A municipal clerk may not issue a license for a wolf hybrid until the applicant has filed with the clerk proof that :

A. The wolf hybrid has been permanently identified in accordance with section 3921-A;

B. The wolf hybrid has been spayed or neutered;  and

C. The wolf hybrid was licensed in this State in 2011 by:

(1) June 1, 2011 if the wolf hybrid was 6 months old or older on June 1, 2011;  or

(2) December 31, 2011 if the wolf hybrid was less than 6 months old on June 1, 2011.

4. Service dogs.  If a service dog has not been previously registered or licensed by the municipal clerk to whom the application is being made, the clerk may not register the dog nor issue to its owner or keeper a license and tag that identifies the dog as a service dog unless the applicant presents written evidence to the municipal clerk that the dog meets the definition of “service dog.”  For the purpose of this subsection “written evidence” means a service dog certification form approved by the department in consultation with the Maine Human Rights Commission.

5. Form of license.  The license must state the breed, sex, color and markings of the dog, whether the animal is a dog or wolf hybrid and the name and address of the owner or keeper.  If the person applying for a license declares that the dog is a wolf hybrid, the license must state that the dog is a wolf hybrid.  The license must be issued in triplicate and the original must be given to the applicant and the remaining 2 copies must be retained by the municipal clerk or dog recorder.

6. Designation of wolf hybrid.  An owner or keeper of a dog declared as a wolf hybrid may not change the license designation.  A dog that has been declared a wolf hybrid must be treated as a wolf hybrid in accordance with Title 22, chapter 251, subchapter 5.  The procedure prescribed under Title 22, chapter 251, subchapter 5 for a wolf hybrid suspected of having rabies does not change based on proof that the wolf hybrid has received a rabies vaccination.

Except as provided in subsection 3 and section 3923-C, a dog owner or keeper obtaining a license from a municipal clerk, dog licensing agent or dog recorder shall pay the license and recording fees established in this section.  For purposes of this section, “dog licensing agent” means an animal shelter or a veterinarian pursuant to section 3923-F.

1. Dogs capable of producing young.  A dog owner or keeper shall pay a fee of $11 to the municipal clerk or dog licensing agent for each dog 6 months of age or older and capable of producing young.  A dog is considered capable of producing young unless certification under subsection 2 is provided.

The municipal clerk or dog licensing agent shall retain a $1 recording fee and pay the remaining $10 to the department for deposit in the Animal Welfare Fund.

2. Dogs incapable of producing young.  A dog owner shall pay a fee of $6 to the municipal clerk or a dog licensing agent for each dog 6 months of age or older and incapable of producing young.  A dog is considered incapable of producing young when the owner provides the following:

A. A written certificate issued by a veterinarian stating that the veterinarian has neutered the dog;

B. A written certificate issued by a veterinarian stating that the veterinarian has examined the dog and determined that the dog is incapable of producing young;  or

C. A previous license stating that the dog is incapable of producing young.

The municipal clerk or dog licensing agent shall retain a $1 recording fee, deposit $2 in the municipality’s animal welfare account established in accordance with section 3945 and pay the remaining $3 to the department for deposit in the Animal Welfare Fund.

3. Exemption from fees.  A municipal clerk or a dog licensing agent shall issue a license upon application and without payment of a license fee required under this section for:

A. A service dog owned or kept by a person with a physical or mental disability;

B. Deleted.  Laws 2007, c. 664, § 12.

C. Deleted.  Laws 2007, c. 664, § 12.

D. A trained search and rescue dog recognized by the Department of Inland Fisheries and Wildlife or by the statewide association of search and rescue that cooperates with the Department of Inland Fisheries and Wildlife in developing standards for search and rescue or such a dog awaiting training;  and

E. A dog certified by the State and used for law enforcement purposes.

4. Late fees.  An owner or keeper required to license a dog under section 3922, subsection 1 or section 3923-C, subsection 1 and applying for a license for that dog after January 31st shall pay to the municipal clerk, dog licensing agent or dog recorder a late fee of $25 in addition to the annual license fee paid in accordance with subsection 1 or 2 and section 3923-C, subsection 1.  The clerk, dog licensing agent or dog recorder shall deposit all late fees collected under this subsection into the municipality’s animal welfare account established in accordance with section 3945.

A person who owns or keeps a dog that attacks, injures or kills a service animal or assistance animal while the service animal or assistance animal is in discharge of its duties commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged.

When a person is adjudicated of a violation of this section, the court shall order the person to make restitution to the owner of the service animal or assistance animal for any veterinary bills and necessary retraining costs or replacement costs of the service animal or assistance animal if it is disabled or killed.

For the purposes of this section, “service animal” has the same meaning as set forth in Title 5, section 4553, subsection 9-E.  For the purposes of this section, “assistance animal” has the same meaning as set forth in Title 5, section 4553, subsection 1-H.

1. Cruelty to animals.  Except as provided in subsection 1-A, a person, including an owner or the owner’s agent, is guilty of cruelty to animals if that person:

A. Kills or attempts to kill any animal belonging to another person without the consent of the owner or without legal privilege;

B. Except for a licensed veterinarian or a person certified under Title 17, section 1042, kills or attempts to kill an animal by a method that does not cause instantaneous death;

C. Is a licensed veterinarian or a person certified under Title 17, section 1042 and that person kills or attempts to kill an animal by a method that does not conform to standards adopted by a national association of licensed veterinarians;

D. Injures, overworks, tortures, torments, abandons or cruelly beats or intentionally mutilates an animal;  gives drugs to an animal with an intent to harm the animal;  gives poison or alcohol to an animal;  or exposes a poison with intent that it be taken by an animal.  The owner or occupant of property is privileged to use reasonable force to eject a trespassing animal;

E. Deprives an animal that the person owns or possesses of necessary sustenance, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions;

F. Keeps or leaves a domestic animal on an uninhabited or barren island lying off the coast of the State during the month of December, January, February or March without providing necessary sustenance and proper shelter;

G. Hunts, traps or sells for the purpose of hunting any animal, except as permitted pursuant to chapter 202-A  [FN1] and Title 12, Part 13, [FN2] and excluding humane trapping of animals for population control efforts or animal control pursuant to this Part;

H. Injects, inserts or causes ingestion of any substance used solely to enhance the performance of an animal by altering the animal’s metabolism to that animal’s detriment, including but not limited to excessive levels of sodium bicarbonate in equines used for competition;

I. Kills or tortures an animal to frighten or intimidate a person or forces a person to injure or kill an animal;  or

J. Confines an animal in a building, enclosure, car, boat, vehicle or vessel of any kind when extreme heat or extreme cold will be harmful to its health.

1-A. Animal cruelty.  Except as provided in paragraphs A and B, a person is guilty of cruelty to animals if that person kills or attempts to kill a cat or dog.

A. A licensed veterinarian or a person certified under Title 17, section 1042 may kill a cat or dog according to the methods of euthanasia under Title 17, chapter 42, subchapter IV. [FN3]

B. A person who owns a cat or dog, or the owner’s agent, may kill that owner’s cat or dog by shooting with a firearm provided the following conditions are met.

(1) The shooting is performed by a person 18 years of age or older using a weapon and ammunition of suitable caliber and other characteristics to produce instantaneous death by a single shot.

(2) Death is instantaneous.

(3) Maximum precaution is taken to protect the general public, employees and other animals.

(4) Any restraint of the cat or dog during the shooting does not cause undue suffering to the cat or dog.

2. Affirmative defenses.  It is an affirmative defense to this section that:

A. The conduct was performed by a licensed veterinarian or was a part of scientific research governed by accepted standards;

B. The conduct was designed to control or eliminate rodents, ants or other common pests on the defendant’s own property;

C. The conduct involved the use of live animals as bait or in the training of other animals in accordance with the laws of the Department of Inland Fisheries and Wildlife, Title 12, Part 13;  or

D. The animal is kept as part of an agricultural operation and in compliance with best management practices for animal husbandry as determined by the department.

Evidence of proper care of any animal shall not be admissible in the defense of alleged cruelty to other animals.

1. Streets and public places.  The blind, the visually handicapped and the otherwise physically disabled have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.

2. Public conveyances.  The blind, the visually handicapped and the otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

3. Service dogs.  Every totally or partially blind or otherwise physically or mentally disabled person has the right to be accompanied by a service dog, especially trained for the purpose, in any of the places listed in subsection 2 without being required to pay an extra charge for the service dog;  however, the person is liable for any damage done to the premises or facilities by such a dog.

4. Especially trained service dog trainer;  access to public facilities;  responsibilities.  An especially trained service dog trainer, while engaged in the actual training process and activities of service dogs, has the same rights, privileges and responsibilities described in this section with respect to access to and use of public facilities as are applicable to a blind, visually handicapped or otherwise physically or mentally disabled person.

5. Housing accommodations;  persons with service dogs.  Every blind or visually handicapped or otherwise physically or mentally disabled individual who has a service animal, such as a service dog, is entitled to full and equal access to all housing accommodations provided for in this section.  Blind or visually impaired or otherwise physically or mentally disabled individuals may not be required to pay extra compensation to keep service animals.  A blind or visually impaired or otherwise physically or mentally disabled person is liable for any damages done to the premises by the service animal.

6. Housing accommodations;  definitions.  “Housing accommodations,” as used in this section, means any real property, or portion of real property, which is used or occupied, or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings, including, but not limited to, public housing projects and all forms of publicly assisted housing, single and multifamily rental and sale units, lodging places, condominiums and cooperative apartments.  “Housing accommodations” does not include:

A. The rental of a housing accommodation in a building which contains housing accommodations for not more than 2 families living independently of each other, if the owner or members of the owner’s family reside in that housing accommodation;  or

B. The rental of a room or rooms in a housing accommodation, if the rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner or members of the owner’s family reside in that housing accommodation.

7. Service dog;  definition.  As used in this section, “service dog” means a dog that meets the definition of “service animal” in Title 5, section 4553, subsection 9-E.

The driver of a vehicle approaching a totally or partially blind or otherwise physically disabled pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a service dog as defined in section 1312, subsection 7 shall take all necessary precautions to avoid injury to that blind or otherwise physically disabled pedestrian, and any driver who fails to take such precautions is liable in damages for any injury caused the pedestrian.  A totally or partially blind or otherwise physically disabled pedestrian, not carrying such a cane or using a service dog in any of the places, accommodations or conveyances listed in section 1312, has all of the rights and privileges conferred by law upon other persons, and the failure of a totally or partially blind or otherwise physically disabled pedestrian to carry such a cane or to use a service dog in any such places, accommodations or conveyances may not be held to constitute nor be evidence of contributory negligence.
1. Public facilities;  other rights.  A person, firm or corporation or the agent of a person, firm or corporation may not:

A. Deny or interfere with admittance to or enjoyment of the public facilities described in section 1312;  or

B. Otherwise interfere with the rights of a person who is totally or partially blind or a person with other disabilities under section 1312.

2. Penalty.  Violation of this section is a Class E crime.  Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

A person who knowingly misrepresents as a service animal any animal that does not meet the definition of “service animal,” as defined in Title 5, section 4553, subsection 9-E, commits a civil violation.  A person who knowingly misrepresents as an assistance animal any animal that does not meet the definition of “assistance animal,” as defined in Title 5, section 4553, subsection 1-H, commits a civil violation.  Misrepresentation as a service animal or an assistance animal includes, but is not limited to:

1. False documents.  Knowingly creating documents that falsely represent that an animal is a service animal or an assistance animal;

2. Providing false documents.  Knowingly providing to another person documents falsely stating that an animal is a service animal or an assistance animal;

3. Harness, collar, vest or sign.  Knowingly fitting an animal, when the animal is not a service animal, with a harness, collar, vest or sign of the type commonly used by a person with a disability to indicate an animal is a service animal;  or

4. Falsely representing animal as service animal.  Knowingly representing that an animal is a service animal, when the animal has not completed training to perform disability-related tasks or do disability-related work for a person with a disability.

For a civil violation under this section a fine of not more than $1,000 for each occurrence may be adjudged.

The rights, established by this subarticle, of deaf and hard-of-hearing persons are as follows.

1. Streets and public places.  Deaf and hard-of-hearing persons have the same rights as able-bodied persons to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.

2. Public conveyances.  Deaf and hard-of-hearing persons are entitled to full and equal accommodations, advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation or amusement, or resorts and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

3. Repealed.  Laws 2007, c. 664, § 24.

4. Repealed.  Laws 2007, c. 664, § 25.

5. Repealed.  Laws 2007, c. 664, § 26.

6. Housing accommodations;  defined.  “Housing accommodations,” as used in this section, means a real property, or portion of real property, that is used or occupied, or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or more human beings, including, but not limited to, public housing projects and all forms of publicly assisted housing, single-family and multifamily rental and sale units, lodging places, condominiums and cooperative apartments.  “Housing accommodations” does not include:

A. The rental of a housing accommodation in a building that contains housing accommodations for not more than 2 families living independently of each other, if the owner or members of the owner’s family reside in that housing accommodation;  or

B. The rental of a room or rooms in a housing accommodation, if the rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner or members of the owner’s family reside in that housing accommodation.