Statute in Full:
McKinney's General Obligations Law § 11-107. Compensation for harm to a guide, hearing or service dog.
McKinney's Agriculture and Markets Law § 108. Definitions.(definition of guide dog and service animal 108(9), (22)).
McKinney's Agriculture and Markets Law § 119. Violations.(subsection (h) relates to harm to guide/service dogs).
McKinney's Agriculture and Markets Law § 110. License fees.(subsection (3) pertains to waiver of fees for guide and service dogs)
McKinney's Agriculture and Markets Law § 121. Licensing, Identification and Control of Dogs.
(subsection (6) refers to a dog who has bitten a service animal or guide dog)
§ 121-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.
CREDIT(S)
(Added L.2007, c. 582, § 2, eff. Nov. 1, 2007.)
Mckinney's Consolidated Laws of New York Annotated Currentness. Civil Rights Law. Chapter 6. Of the Consolidated Laws. Article 4-B. Rights of Persons with a Disability Accompanied by Guide Dogs, Hearing Dogs or Service Dogs.
§ 47. Use of public facilities by persons with a disability
1. No person shall be denied admittance to and/or the equal use of and enjoyment of any public facility solely because said person is a person with a disability and is accompanied by a guide dog, hearing dog or service dog.
2. For the purposes of this section the term “public facility” shall include, but shall not be limited to, all modes of public and private transportation, all forms of public and private housing accommodations whether permanent or temporary, buildings to which the public is invited or permitted, including those maintained by the state or by any political subdivision thereof, all educational facilities and institutions, including those maintained by the state or by any political subdivision thereof, all places where food is offered for sale, all theatres, including both live playhouses and motion picture establishments and all other places of public accommodations, convenience, resort, entertainment, or business to which the general public or any classification of persons therefrom is normally or customarily invited or permitted.
CREDIT(S)
(Added L.1976, c. 469, § 2; amended L.1979, c. 491, § 4; L.1986, c. 404, § 10.)
§ 47-a. Employment of persons with a disability
Unless it can be clearly shown that a person's disability would prevent such person from performing the particular job no person who is otherwise qualified shall be denied equal opportunities to obtain and/or maintain employment and/or to advance in position in his job solely because said person is a person with a disability and is accompanied by a guide dog, hearing dog or service dog regardless of whether the employer or prospective employer is the state or any political subdivision thereof or any other category of employer.
CREDIT(S)
(Added L.1976, c. 469, § 2; amended L.1979, c. 491, § 4; L.1986, c. 404, § 10.)
§ 47-b. Miscellaneous provisions
1. Persons with a disability accompanied by guide dogs, hearing dogs or service dogs shall be guaranteed the right to have such dogs in their immediate custody while exercising any of the rights and privileges set forth in this article. Blind persons shall, further, have the right to carry a cane in their immediate custody while exercising any of the rights and privileges set forth in this section.
2. No person or legal entity, public or private, shall attempt to impose or maintain any direct or indirect additional charge for the admittance of a guide dog, hearing dog or service dog accompanying a person with a disability, nor shall any conditions or restrictions not specifically set forth in this article be imposed on the person's rights as set forth herein.
3. Persons qualified to train dogs to aid and guide persons with a disability, while engaged in such training activities, shall have the same rights and privileges set forth for persons with a disability in this article.
4. The term “guide dog”, “hearing dog” or “service dog” shall mean a dog which is properly harnessed and has been or is being trained by a qualified person, to aid and guide a person with a disability.
5. For the purposes of this article the term “disability” shall have the same meaning as provided for in subdivision twenty-one of section two hundred ninety-two of the executive law.
6. Any law, rule, or regulation conflicting with any provision of this article is, to the extent of said conflict only, deemed to be superseded by the provisions of this article.
CREDIT(S)
(Added L.1976, c. 469, § 2; amended L.1979, c. 358, § 1; amended L.1979, c. 358, § 1; L.1979, c. 491, § 4; L.1986, c. 404, § 10.)
§ 47-c. Penalties
1. Any person or legal entity, public or private, violating any provision of this article shall be guilty of a violation.
2. Any person or legal entity, public or private, violating section forty-seven and/or subdivision one or two of section forty-seven-b of this article two or more times within a two year period shall be guilty of a violation punishable by a fine of one thousand dollars.
CREDIT(S)
(Added L.1976, c. 469, § 2; amended L.1979, c. 491, § 4; L.1986, c. 404, § 10; L.2004, c. 295, § 1, eff. Jan. 1, 2005.)
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