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Alaska

West's Alaska Statutes Annotated. Title 9. Code of Civil Procedure. Chapter 65. Actions, Immunities, Defenses, and Duties; Title 11. Criminal Law. Chapter 76. Miscellaneous Offenses.

Statute Details
Printable Version
Citation: A. S. 09.65.150; 11.76.130; 11.76.133; AK ST 09.65.150; 11.76.130; 11.76.133

Citation: A. S. 09.65.150; 11.76.130; 11.76.133


Last Checked by Web Center Staff: 10/2013

Summary:  

The following statutes comprise the state's relevant assistance animal and guide dog laws.



Statute in Full:

Title 9. Code of Civil Procedure. Chapter 65. Actions, Immunities, Defenses, and Duties.

Sec. 09.65.150 Duty to disabled pedestrians.

Title 11. Criminal Law. Chapter 76. Miscellaneous Offenses.

Sec. 11.76.130 Interference with rights of physically or mentally challenged person.

Sec. 11.76.133 Interference with the training of a service animal.

 

 

Title 9. Code of Civil Procedure. Chapter 65. Actions, Immunities, Defenses, and Duties.

Sec. 09.65.150 Duty to disabled pedestrians.

(a) The driver of a vehicle approaching a physically disabled pedestrian who is carrying a white or metallic-colored cane, or using special equipment for mobility, or using a service animal, shall take precautions necessary to avoid injury to the pedestrian or the service animal. A driver who fails to take necessary precautions and, as a result, causes injury to the pedestrian or the service animal, or causes property damage, is liable for the injury or damage caused.

(b) In this section

(1) "physically disabled pedestrian" means a person who has a physical condition that limits the person's ability to function as a pedestrian without the assistance of another person, a service animal, a cane, or other equipment or device;

(2) "service animal" means a dog guide or other animal that assists a physically disabled person to function as a pedestrian.

(§ 2 ch 69 SLA 1987; am § 1 ch 42 SLA 1988)

 

Title 11. Criminal Law. Chapter 76. Miscellaneous Offenses.

Sec. 11.76.130 Interference with rights of physically or mentally challenged person.

(a) A person commits the crime of interference with the rights of a physically or mentally challenged person if the person intentionally prevents or restricts

(1) a physically or mentally challenged person from having full and free pedestrian use of a street, highway, sidewalk, walkway, or other thoroughfare to the same extent that any other person has a right to pedestrian use; or

(2) a physically or mentally challenged person from being accompanied or assisted by a certified service animal, without an extra charge for the service animal, in a common carrier, place of public accommodation, or other place to which the general public is invited except as provided in (b) of this section.

(b) A physically or mentally challenged person who is accompanied or assisted by a certified service animal in a common carrier, place of public accommodation, or other place to which the general public is invited is liable for property damage done by the animal.

(c) In this section,

(1) "certified service animal" means an animal trained to assist a physically or mentally challenged person and certified by a school or training facility for service animals as having completed such training;

(2) "physically or mentally challenged " means physically or mentally disabled, as defined in AS 18.80.300.

(d) Interference with the rights of a physically or mentally challenged person is a class B misdemeanor.

(§ 3 ch 69 SLA 1987; am § 2 ch 42 SLA 1988; am § 1 ch 103 SLA 1998)

 

Sec. 11.76.133 Interference with the training of a service animal.

(a) A person commits the offense of interference with the training of a service animal if the person intentionally prevents or restricts a person who is authorized to train a service animal from being accompanied by an animal that is identified as being in training to be a service animal, or assesses an extra charge because of the animal, in a public facility, except as provided in (b) and (c) of this section.

(b) A trainer who is accompanied by an animal in training to be a service animal in a public facility is liable for property damage done by the animal.

(c) It is an affirmative defense to a prosecution under this section that

(1) the person accompanied by the animal in training to be a service animal did not, when requested by the defendant, give reasonable evidence of being a person authorized to train service animals; or

(2) the defendant prevented entry into the facility or caused the trainer and the animal to leave or be removed from the facility based on unruly or disruptive conduct of the animal that created

(A) a substantial risk of imminent physical injury to a person other than the trainer; or

(B) an atmosphere that made regular activities by other persons in the facility substantially more difficult than usual.

(d) In this section,

(1) "authorized" means employed by, or serving as a volunteer with, a school, agency, or other facility that trains service animals;

(2) "identified as being in training" means wearing a device or exhibiting an insignia approved by a school, agency, or other facility that trains service animals that identifies the animal as being in training to be a service animal;

(3) "in training to be a service animal" means being in the pre-training or training period as required under a program administered through a school, agency, or other training facility for service animals whose goal is to certify the animal as being able to assist physically or mentally challenged persons;

(4) "public facility" means a capital improvement owned, operated, or occupied by, or a mode of transportation owned or operated by, the state, a public corporation of the state, the University of Alaska, a political subdivision of the state, or a regional educational attendance area.

(e) Interference with the training of a service animal is a violation.

SLA 1998, ch. 103, § 2. Amended by SLA 2008, ch. 40, § 18, eff. May 23, 2008.

 



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