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Oklahoma

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: 7 Okl. St. Ann. 12 - 13; Okl. St. Ann. 19.1 - 19.2; 21 Okl. St. Ann. 649.3; 41 Okl. St. Ann. 113.1

Citation: OK ST T. 7 12 - 13; 7 OK ST T. 7 19.1 - 19.2; OK ST T. 21 649.3; OK ST T. 41 113.1


Last Checked by Web Center Staff: 01/2014

Summary:  

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



Statute in Full:

Oklahoma Statutes Annotated. Title 7. Blind Persons. Chapter 1. Services to the Blind. Canes.

§ 12. Duty of drivers of vehicles

§ 13. Penalty

Oklahoma Statutes Annotated. Title 7. Blind Persons. Chapter 1. Services to the Blind. Guide Dogs.

§ 19.1. Public conveyances and public accommodations--Guide, signal, or service dogs--Identification of dog--Definitions

§ 19.2. Penalty

Oklahoma Statutes Annotated. Title 21. Crimes and Punishments. Part III. Crimes Against The Person. Chapter 20. Assault and Battery.

649.3. Harming, mistreating or killing service animal--Willful interference with service animal's performance--Permitting animal to fight, injure or kill service animal--Penalties--Exemption from registration or license fees

Oklahoma Statutes Annotated. Title 41. Landlord and Tenant. Residential Landlord and Tenant Act.

§ 113.1. Denial or termination of tenancy because of guide, signal or service dog

 

 

Oklahoma Statutes Annotated. Title 7. Blind Persons. Chapter 1. Services to the Blind. Canes.

§ 12. Duty of drivers of vehicles

Any driver of a vehicle who knowingly approaches within fifteen (15) feet of a person who is in the roadway or at an intersection and who is wholly or partially blind and who is carrying a cane or walking stick white in color, or white tipped with red, or who is using a dog guide wearing a specialized harness, or who is wholly or partially deaf and is using a signal dog wearing an orange identifying collar, or who is physically handicapped and is using a service dog, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the person wholly or partially blind, deaf or physically handicapped. For purposes of this section, a "dog guide" means any dog that is specially trained to guide a blind person.

CREDIT(S)

Laws 1949, p. 47, § 2, emerg. eff. June 6, 1949; Laws 1997, c. 57, § 1, eff. Nov. 1, 1997; Laws 1998, c. 108, § 1, eff. Nov. 1, 1998; Laws 2002, c. 141, § 1, eff. Nov. 1, 2002.

 

§ 13. Penalty

Any person, other than a person wholly or partially blind, who shall carry a cane or walking stick such as is described in this act, contrary to the provisions of this act, [FN1] or who shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail not exceeding three (3) months, or by fine not exceeding One Hundred Dollars ($100.00), or by both such fine and imprisonment.

CREDIT(S)

Laws 1949, p. 47, § 3, emerg. eff. June 6, 1949.

 

Oklahoma Statutes Annotated. Title 7. Blind Persons. Chapter 1. Services to the Blind. Guide Dogs.

§ 19.1. Public conveyances and public accommodations--Guide, signal, or service dogs--Identification of dog--Definitions

A. Any blind, physically handicapped, deaf or hard-of-hearing person who is a passenger on any common carrier, airplane, motor vehicle, railroad train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation operating within this state or any dog trainer from a recognized training center when in the act of training guide, signal, or service dogs shall be entitled to have with him or her a guide, signal, or service dog specially trained or being trained for that purpose, without being required to pay an additional charge therefor, but shall be liable as hereafter set forth in subsection B of this section.

B. A blind, physically handicapped, deaf or hard-of-hearing person and his or her guide, signal, or service dog or a dog trainer from a recognized training center in the act of training guide, signal, or service dogs shall not be denied admittance to or refused access to any of the following because of such dog: Any street, highway, sidewalk, walkway, any common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or any other public conveyance or mode of transportation, hotel, motel, or other place of lodging, public building maintained by any unit or subdivision of government, building to which the general public is invited, college dormitory and other educational facility, restaurant or other place where food is offered for sale to the public, or any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited within the State of Oklahoma. Such blind, physically handicapped, deaf or hard-of-hearing person or dog trainer from a recognized training center in the act of training guide, signal, or service dogs shall not be required to pay any additional charges for his or her guide, signal, or service dog, but shall be liable for any damage done to the premises by such dog.

C. A dog used by a deaf or hard-of-hearing person shall be required to wear an orange identifying collar.

D. For the purposes of this section and Section 113.1 of Title 41 of the Oklahoma Statutes:

1. "Physically handicapped person" means any person who has a physical impairment which severely and permanently restricts mobility of two or more extremities, or who is so severely disabled as to be unable to move without the aid of a wheelchair;

2. "Service dog" means any dog individually trained to the physically handicapped person's requirements; and

3. "Signal dog" means any dog trained to alert a deaf or hard-of-hearing person to intruders or sounds.

CREDIT(S)

Laws 1968, c. 9, § 1, emerg. eff. Feb. 6, 1968; Laws 1981, c. 41, § 1; Laws 1985, c. 19, § 1, eff. Nov. 1, 1985; Laws 1988, c. 71, § 1, emerg. eff. March 25, 1988; Laws 1989, c. 154, § 3, operative July 1, 1989; Laws 1992, c. 122, § 1, emerg. eff. April 23, 1992; Laws 1998, c. 246, § 3, eff. Nov. 1, 1998.

 

§ 19.2. Penalty

Any person, or persons, firm, association, or corporation, or the agent of any person, firm, association, or corporation, who shall violate the provisions of Section 19.1 of this title shall be guilty of a misdemeanor.

CREDIT(S)

Laws 1968, c. 9, § 2, emerg. eff. Feb. 6, 1968; Laws 1985, c. 19, § 2, eff. Nov. 1, 1985.

 

Oklahoma Statutes Annotated. Title 21. Crimes and Punishments. Part III. Crimes Against The Person. Chapter 20. Assault and Battery.

§ 649.3. Harming, mistreating or killing service animal--Willful interference with service animal's performance--Permitting animal to fight, injure or kill service animal--Penalties--Exemption from registration or license fees

A. No person shall willfully harm, including torture, torment, beat, mutilate, injure, disable, or otherwise mistreat or kill a service animal that is used for the benefit of any handicapped person in the state.

B. No person including, but not limited to, any municipality or political subdivision of the state, shall willfully interfere with the lawful performance of any service animal used for the benefit of any handicapped person in the state.

C. Except as provided in subsection D of this section, any person convicted of violating any of the provisions of this section shall be guilty of a misdemeanor, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not exceeding one (1) year, or by both such fine and imprisonment.

D. Any person who knowingly and willfully and without lawful cause or justification violates the provisions of this section, during the commission of a misdemeanor or felony, shall be guilty of a felony, punishable by the imposition of a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the Department of Corrections not exceeding two (2) years, or by both such fine and imprisonment.

E. Any person who encourages, permits or allows an animal owned or kept by such person to fight, injure, disable or kill a service animal used for the benefit of any handicapped person in this state, or to interfere with a service animal in any place where the service animal resides or is performing, shall, upon conviction, be guilty of a misdemeanor punishable as provided in subsection C of this section. In addition to the penalty imposed, the court shall order the violator to make restitution to the owner of the service animal for actual costs and expenses incurred as a direct result of any injury, disability or death caused to the service animal, including but not limited to costs of replacing and training any new service animal when a service animal is killed, disabled or unable to perform due to injury. For purpose of this subsection, when a person informs the owner of an animal that the animal is a threat and requests the owner to control or contain the animal and the owner disregards the request, the owner shall be deemed to have encouraged, permitted or allowed any resulting injury to or interference with a service animal.

F. Notwithstanding any ordinance in effect as of the effective date of this act, [FN1] no municipality or political subdivision of the state, or any official thereof, may enact or enforce any ordinance or rule that requires any registration or licensing fee for any service animal as defined in this section that is used for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment. Any official violating the provisions of this paragraph shall be guilty of a misdemeanor punishable by a fine of not less than Fifty Dollars ($50.00).

G. As used in this section, "service animal" means an animal that is trained for the purpose of guiding or assisting a disabled person who has a sensory, mental, or physical impairment.

CREDIT(S)

Laws 2004, c. 281, § 1, emerg. eff. May 10, 2004; Laws 2005, c. 158, § 1, eff. Nov. 1, 2005.

[FN1] O.S.L. 2005, c. 158, effective November 1, 2005.

 

Oklahoma Statutes Annotated. Title 41. Landlord and Tenant. Residential Landlord and Tenant Act.

§ 113.1. Denial or termination of tenancy because of guide, signal or service dog

A landlord shall not deny or terminate a tenancy to a blind, deaf, or physically handicapped person because of the guide, signal, or service dog of such person unless such dogs are specifically prohibited in the rental agreement entered into prior to November 1, 1985.

CREDIT(S)

Laws 1982, c. 251, § 3, eff. May 11, 1982; Laws 1985, c. 19, § 3, eff. Nov. 1, 1985.

 

 



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