Legislation
SECTION 123-B
Offenses against service animals and handlers
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 7
§ 123-b. Offenses against service animals and handlers. 1.
Definitions. For purposes of this section:
(a) "Service animal" shall mean any animal that has been partnered
with a person who has a disability and has been trained or is being
trained, by a qualified person, to aid or guide a person with a
disability.
(b) "Disability" shall have the same meaning as provided in section
two hundred ninety-two of the executive law.
(c) "Handler" shall mean a disabled person using a service animal.
(d) "Formal training program" or "certified trainer" shall mean an
institution, group or individual who has documentation and community
recognition as a provider of service animals.
2. Any person who owns an animal or possesses control of such animal
and who, through any act or omission, recklessly permits his or her
animal to interfere with the proper working of a service animal,
exposing the handler and service animal to danger or resulting in injury
or death of the service animal shall be subject to a civil penalty not
to exceed one thousand dollars in addition to any other applicable
penalties.
3. Any person who owns an animal or possesses control of such animal
and who, through any act or omission, recklessly permits his or her
animal to interfere with the proper working of a service animal,
exposing the handler and service animal to danger or resulting in injury
or death of the service animal, where the animal causing such injury has
previously been determined to be dangerous pursuant to this article,
shall be guilty of a violation punishable by a fine of not more than two
thousand dollars, or by a period of imprisonment not to exceed fifteen
days, or by both such fine and imprisonment in addition to any other
applicable penalties.
4. The handler of the service animal incapacitated, injured or killed
shall have the right to pursue any and all civil remedies available to
recover damages for medical and veterinary expenses, rehabilitation or
replacement of the service animal, and lost wages, transportation
expenses or other expenses directly related to the temporary or
permanent loss of the service animal.
Definitions. For purposes of this section:
(a) "Service animal" shall mean any animal that has been partnered
with a person who has a disability and has been trained or is being
trained, by a qualified person, to aid or guide a person with a
disability.
(b) "Disability" shall have the same meaning as provided in section
two hundred ninety-two of the executive law.
(c) "Handler" shall mean a disabled person using a service animal.
(d) "Formal training program" or "certified trainer" shall mean an
institution, group or individual who has documentation and community
recognition as a provider of service animals.
2. Any person who owns an animal or possesses control of such animal
and who, through any act or omission, recklessly permits his or her
animal to interfere with the proper working of a service animal,
exposing the handler and service animal to danger or resulting in injury
or death of the service animal shall be subject to a civil penalty not
to exceed one thousand dollars in addition to any other applicable
penalties.
3. Any person who owns an animal or possesses control of such animal
and who, through any act or omission, recklessly permits his or her
animal to interfere with the proper working of a service animal,
exposing the handler and service animal to danger or resulting in injury
or death of the service animal, where the animal causing such injury has
previously been determined to be dangerous pursuant to this article,
shall be guilty of a violation punishable by a fine of not more than two
thousand dollars, or by a period of imprisonment not to exceed fifteen
days, or by both such fine and imprisonment in addition to any other
applicable penalties.
4. The handler of the service animal incapacitated, injured or killed
shall have the right to pursue any and all civil remedies available to
recover damages for medical and veterinary expenses, rehabilitation or
replacement of the service animal, and lost wages, transportation
expenses or other expenses directly related to the temporary or
permanent loss of the service animal.