Utah State Service Dog Laws

You can find the full text of Utah law here. Please expand the sections below to read more about the laws specifically pertaining to Service Animals.

Important points:

Summary – Anyone has the right to be accompanied by a service dog in training in public places.

Detailed – UT CODE § 62A-5B-102 (3)(a) “Service animal” includes any dog that:

(i) is trained, or is in training, 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;

(ii) performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual’s disability

UT CODE § 62A-5B-104 (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 or a police service canine, as defined in Section 53-16-102:

(a) in any of the places specified in Section 62A-5b-103;  and

(b) without additional charge for the animal.

Any person may injure or kill a dog while:

(1) the dog is attacking, chasing, or worrying:

(a) a domestic animal having a commercial value;

(b) a service animal, as defined in Section 62A-5b-102;  or

(c) any species of hoofed protected wildlife;

(2) the dog is attacking domestic fowls;  or

(3) the dog is being pursued for committing an act described in Subsection (1) or (2).

(1)(a) The operator of a vehicle shall yield the right-of-way to a blind or visually impaired pedestrian:

(i) carrying a clearly visible white cane;  or

(ii) accompanied by a guide dog specially trained for that purpose and equipped with a harness.

(b)(i) Except as provided in Subsection (1)(b)(ii), a person who fails to yield the right-of-way is liable for any loss or damage which results as a proximate cause of the failure to yield the right-of-way to blind or visually impaired persons.

(ii) Blind or visually impaired persons shall:

(A) exercise due care in approaching and crossing roadways;  and

(B) yield the right-of-way to authorized emergency vehicles giving an audible warning signal.

(2) A pedestrian other than a blind or visually impaired person may not carry a cane as described in Subsection (1).

As used in this chapter:

(1) “Disability” has the same meaning as defined in 42 U.S.C. 12102 of the Americans With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R. 36.104 of the Code of Federal Regulations, as may be amended in the future.

(2) “Restaurant”:

(a) includes any coffee shop, cafeteria, luncheonette, soda fountain, dining room, or fast-food service where food is prepared or served for immediate consumption;  and

(b) does not include:

(i) any retail establishment whose primary business or function is the sale of fuel or food items for off-premise, but not immediate, consumption;  and

(ii) except for a dinner theater, a theater that sells food items.

(3)(a) “Service animal” includes any dog that:

(i) is trained, or is in training, 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;

(ii) performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual’s disability, including:

(A) assisting an individual who is blind or has low vision with navigation or other tasks;

(B) alerting an individual who is deaf or hard of hearing to the presence of people or sounds;

(C) providing non-violent protection or rescue work;

(D) pulling a wheelchair;

(E) assisting an individual during a seizure;

(F) alerting an individual to the presence of an allergen;

(G) retrieving an item for the individual;

(H) providing physical support and assistance with balance and stability to an individual with a mobility disability;  or

(I) helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors.

(b) “Service animal” does not include:

(i) an animal other than a dog, whether wild or domestic, trained or untrained;  or

(ii) an animal used solely to provide:

(A) a crime deterrent;

(B) emotional support;

(C) well-being;

(D) comfort;  or

(E) companionship.

(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. Sec. 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 or a police service canine, as defined in Section 53-16-102:

(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.

(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.

(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.

As used in this part:

(1) “Disability” has the same meaning as defined in Section 62A-5b-102.

(2) “Search and rescue dog” means a dog:

(a) with documented training to locate persons who are:

(i) lost, missing, or injured;  or

(ii) trapped under debris as the result of a natural or man-made event;  and

(b) affiliated with an established search and rescue dog organization.

(3) “Service animal” means:

(a) a service animal, as defined in Section 62A-5b-102;  or

(b) a search and rescue dog.

(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.

A cause of action does not exist under this section if the person with a disability who uses the service animal or the person having custody or supervision of the service animal was committing a civil or criminal trespass at the time of the:

(1) theft of, or the chasing or harassment of the service animal by a person who owns or exercises control over the property upon which the trespass is committed;  or

(2) attack upon, or the chasing or harassment of a service animal by an animal that is currently kept or maintained on the property where the trespass is committed.