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Pennsylvania

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: 3 P.S. § 459-102; 3 Pa.C.S.A. § 459-502; 18 Pa.C.S.A. § 5511; PA ST 43 P.S. § 953; PA ST 18 Pa.C.S.A. § 7325; PA ST 75 Pa.C.S.A. § 3549

Citation: 3 P.S. § 459-102; 3 P.S. § 459-502; 18 P.S. § 5511; 43 P.S. § 953; 18 Pa.C.S.A. § 7325; 75 Pa.C.S.A. § 3549


Summary:  

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



Statute in Full:

3 P.S. § 459-102. Definitions

(including "service dog" and "person with a disability")

3 Pa.C.S.A. § 459-502. Service dogs and dogs used by municipal or State Police departments

18 Pa.C.S.A. § 5511. Cruelty to animals

(subsection (iii) relates to harm to service animals)

 

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness. Title 43 P.S. Labor. Chapter 17. Human Relations.

§ 952. Findings and declaration of policy

(a) The practice or policy of discrimination against individuals or groups by reason of their race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability, use of guide or support animals because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals is a matter of concern of the Commonwealth. Such discrimination foments domestic strife and unrest, threatens the rights and privileges of the inhabitants of the Commonwealth, and undermines the foundations of a free democratic state. The denial of equal employment, housing and public accommodation opportunities because of such discrimination, and the consequent failure to utilize the productive capacities of individuals to their fullest extent, deprives large segments of the population of the Commonwealth of earnings necessary to maintain decent standards of living, necessitates their resort to public relief and intensifies group conflicts, thereby resulting in grave injury to the public health and welfare, compels many individuals to live in dwellings which are substandard, unhealthful and overcrowded, resulting in racial segregation in public schools and other community facilities, juvenile delinquency and other evils, thereby threatening the peace, health, safety and general welfare of the Commonwealth and its inhabitants.

(b) It is hereby declared to be the public policy of this Commonwealth to foster the employment of all individuals in accordance with their fullest capacities regardless of their race, color, religious creed, ancestry, age, sex, national origin, handicap or disability, use of guide or support animals because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals, and to safeguard their right to obtain and hold employment without such discrimination, to assure equal opportunities to all individuals and to safeguard their rights to public accommodation and to secure housing accommodation and commercial property regardless of race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability, use of guide or support animals because of blindness or deafness of the user or because the user is a handler or trainer of guide or support animals.

(c) This act shall be deemed an exercise of the police power of the Commonwealth for the protection of the public welfare, prosperity, health and peace of the people of the Commonwealth of Pennsylvania.

CREDIT(S)

1955, Oct. 27, P.L. 744, No. 222, § 2. As amended 1961, Feb. 28, P.L. 47, § 1; 1967, Aug. 11, P.L. 208, § 1; 1969, July 9, P.L. 133, No. 56, § 1; 1974, Dec. 19, P.L. 966, No. 318, § 1, imd. effective; 1982, April 8, P.L. 284, No. 80, § 1, imd. effective; 1986, Dec. 16, P.L. 1626, No. 186, § 1, imd. effective; 1991, Dec. 20, P.L. 414, No. 51, § 2, imd. effective.

 
 
§ 953. Right to freedom from discrimination in employment, housing and public accommodation

The opportunity for an individual to obtain employment for which he is qualified, and to obtain all the accommodations, advantages, facilities and privileges of any public accommodation and of any housing accommodation and commercial property without discrimination because of race, color, familial status, religious creed, ancestry, handicap or disability, age, sex, national origin, the use of a guide or support animal because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals is hereby recognized as and declared to be a civil right which shall be enforceable as set forth in this act.

CREDIT(S)

1955, Oct. 27, P.L. 744, No. 222, § 3. Amended 1961, Feb. 28, P.L. 47, § 1; 1967, Aug. 11, P.L. 208, § 1; 1969, July 9, P.L. 133, No. 56, § 1; 1974, Dec. 19, P.L. 966, No. 318, § 1, imd. effective; 1982, April 8, P.L. 284, No. 80, § 1, imd. effective; 1986, Dec. 16, P.L. 1626, No. 186, § 1, imd. effective; 1991, Dec. 20, P.L. 414, No. 51, § 2, imd. effective.

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness. Title 18 Pa.C.S.A. Crimes and Offenses. Part II. Definition of Specific Offenses. Article G. Miscellaneous Offenses. Chapter 73. Trade and Commerce. Subchapter A. Definition of Offenses Generally.

§ 7325. Discrimination on account of guide, signal or service dog or other aid animal
 
A person is guilty of a summary offense if he, being the proprietor, manager or employee of a theatre, hotel, restaurant or other place of public accommodation, entertainment or amusement, refuses, withholds or denies any person, who is using a guide, signal or service dog or other aid animal that has been certified by a recognized authority to assist a person, because of the physical disability, blindness or deafness of the user, or who is training a guide, signal or support dog or other aid animal for or from a recognized authority for such a user, the use of or access to any accommodation, advantage, facility or privilege of such theatre, hotel, restaurant or other place of public entertainment or amusement.

CREDIT(S)

1980, Dec. 18, P.L. 1251, No. 227, § 1, effective in 60 days. Amended 1982, May 12, P.L. 416, No. 121, § 1, imd. effective; 1990, May 31, P.L. 219, No. 47, § 2, effective in 60 days; 2000, Oct. 18, P.L. 605, No. 80, § 1, effective in 60 days.
 

Purdon's Pennsylvania Statutes and Consolidated Statutes Currentness. Title 75 Pa.C.S.A. Vehicles. Part III. Operation of Vehicles. Chapter 35. Special Vehicles and Pedestrians. Subchapter C. Rights and Duties of Pedestrians.

§ 3549. Blind pedestrians
(a) General rule.--The driver of a vehicle shall yield the right-of-way to any totally or partially blind pedestrian carrying a clearly visible white cane or accompanied by a guide dog and shall take such precautions as may be necessary to avoid injuring or endangering the pedestrian and, if necessary, shall stop the vehicle in order to prevent injury or danger to the pedestrian.

(b) Effect of absence of cane or dog.--This section shall not be construed to deprive a totally or partially blind pedestrian not carrying a cane or not being guided by a dog of the rights and privileges conferred by law upon pedestrians crossing streets or highways, nor shall the failure of a totally or partially blind pedestrian to carry a cane or to be guided by a guide dog upon the streets, highways or sidewalks of this Commonwealth be held to constitute contributory negligence in and of itself.

(c) Penalty.--A violation of subsection (a) constitutes a summary offense punishable by a fine of not less than $50 nor more than $150.

CREDIT(S)

1976, June 17, P.L. 162, No. 81, § 1, effective July 1, 1977. Amended 2002, Oct. 4, P.L. 845, No. 123, § 7, effective in 60 days.
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