PA - Assistance Animals - Assistance Animal/Guide Dog Laws

Primary Citation: 3 P.S. § 459-102, 217; 18 Pa.C.S.A. § 5535; 43 P.S. § 952, 953; 18 Pa.C.S.A. § 7325; 75 Pa.C.S.A. § 3549; 68 P.S. § 405.1 - 405.7 Country of Origin: United States Last Checked: January, 2024 Alternate Citation: PA ST 3 P.S. § 459-102, 217; PA ST 18 Pa.C.S.A. § 5535; PA ST 43 P.S. § 952, 953; PA ST 18 Pa.C.S.A. § 7325; PA ST 75 Pa.C.S.A. § 3549; PA ST 68 P.S. § 405.1 - 405.7 Historical:

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

Links on Dog Law Page:

3 P.S. § 459-102. Definitions (including "service dog" and "person with a disability")

§ 459-217. Service dogs and dogs used by municipal or State Police departments

Purdon's Pennsylvania Statutes and Consolidated Statutes. Title 18 Pa.C.S.A. Crimes and Offenses.Part II. Definition of Specific Offenses. Article F. Offenses Against Public Order and Decency. Chapter 55. Riot, Disorderly Conduct and Related Offenses. Subchapter B. Cruelty to Animals

§ 5535. Attack of guide dog

Purdon's Pennsylvania Statutes and Consolidated Statutes. 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 service, guide or support dog or other aid animal

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

§ 952 . Findings and declaration of policy

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

Purdon's Pennsylvania Statutes and Consolidated Statutes. Title 68 P.S. Real and Personal Property. Chapter 8A. Assistance and Service Animal Integrity Act

§ 405.1. Short title

§ 405.2. Definitions

§ 405.3. Documentation of disability and disability-related need

§ 405.4. Immunity

§ 405.5. Misrepresentation of entitlement to assistance animal or service animal

§ 405.6. Misrepresentation of animal as assistance animal or service animal

§ 405.7. Effective date

Purdon's Pennsylvania Statutes and Consolidated Statutes. 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) Offense defined.--A person commits a misdemeanor of the third degree if the person is the owner of a dog that kills, maims or disfigures a guide dog of an individual who is blind, a hearing dog of an individual who is deaf or audibly impaired or a service dog of an individual who is physically limited without provocation by the guide, hearing or service dog or the individual.

(b) Culpability.--A person commits an offense under this section only if the person knew or should have known that the dog the person owns had a propensity to attack human beings or domestic animals without provocation, and the owner knowingly or recklessly failed to restrain the dog or keep the dog in a contained, secure manner.

(c) Penalty.--A person convicted of violating this section shall be sentenced to pay a fine of not more than $5,000 and shall be ordered to make reparations for veterinary costs in treating the guide, hearing or service dog and, if necessary, the cost of obtaining and training a replacement guide, hearing or service dog.

(d) Civil penalty and restitution.--

(1) A person who is the owner of a dog that kills, maims or disfigures a guide dog of an individual who is blind, a hearing dog of an individual who is deaf or audibly impaired or a service dog of an individual who is physically limited shall be subject to paragraph (2) if both of the following apply:

(i) The owner knew the dog had a propensity to attack human beings or domestic animals.

(ii) The owner failed to restrain the dog or keep the dog in a contained, secure manner.

(2) A court of common pleas may impose any of the following upon a person who is the owner of a dog under paragraph (1):

(i) A civil penalty of up to $15,000.

(ii) Reparations for veterinary costs in treating the guide, hearing or service dog and, if necessary, the cost of retraining the dog or of obtaining and training a replacement guide, hearing or service dog.

(iii) Loss of income for the time the individual is unable to work due to the unavailability of the guide, hearing or service dog.

Credits
2017, June 28, P.L. 215, No. 10, § 4, effective in 60 days [Aug. 28, 2017].

Purdon's Pennsylvania Statutes and Consolidated Statutes. 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.

§ 7325. Discrimination on account of service, guide or support dog or other aid animal

(a) Offense defined.--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 service, guide or support dog or other aid animal to assist an individual with a disability or who is training a service, guide or support dog or other aid animal for an individual with a disability, 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.

(b) Definition.--As used in this section, the term “service, guide or support dog” shall have the same meaning given it under section 5531 (relating to definitions).

Credits
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; 2018, Oct. 24, P.L. 685, No. 104, § 3, effective in 60 days [Dec. 24, 2018].

Purdon's Pennsylvania Statutes and Consolidated Statutess. 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.

Purdon's Pennsylvania Statutes and Consolidated Statutes. Title 68 P.S. Real and Personal Property. Chapter 8A. Assistance and Service Animal Integrity Act

§ 405.1. Short title

This act shall be known and may be cited as the Assistance and Service Animal Integrity Act.

Credits
2018, Oct. 24, P.L. 733, No. 118, § 1, effective in 60 days [Dec. 24, 2018].

§ 405.2. Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Assistance animal.” An animal, other than a service animal, that qualifies as a reasonable accommodation under the Fair Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.), section 504 of the Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.) or local law. The term includes an emotional support animal when the animal qualifies as a reasonable accommodation.

“Association.” The owners association established to operate a condominium, cooperative or planned community located in this Commonwealth.

“Disability.” A physical or mental impairment which substantially limits one or more major life activities.

“Service animal.” An animal, other than an assistance animal, that qualifies as a service animal under the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327)1 or as a guide or support animal under the act of October 27, 1955 (P.L. 744, No. 222),2 known as the Pennsylvania Human Relations Act or local law.

Credits
2018, Oct. 24, P.L. 733, No. 118, § 2, effective in 60 days [Dec. 24, 2018].

§ 405.3. Documentation of disability and disability-related need

(a) Right to request documentation.--A landlord or association that receives a request from a person to make an exception to the landlord's or association's policy prohibiting animals or limiting the size, weight, breed or number of animals on the landlord's property or within property controlled by the association because the person requires the use of an assistance animal or service animal may require the person to produce documentation of the disability and disability-related need for the animal only if the disability or disability-related need is not readily apparent or known to the landlord or, in the case of an association, the executive board of the association.

(b) Minimum standards.--Any documentation proving that a person is disabled and requires the use of an assistance animal or service animal as a reasonable accommodation in housing under the Fair Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.), the Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.), the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327)1 or the act of October 27, 1955 (P.L. 744, No. 222),2 known as the Pennsylvania Human Relations Act, or local law shall:

(1) Be in writing.

(2) Be reliable and based on direct knowledge of the person's disability and disability-related need for the assistance animal or service animal.

(3) Describe the person's disability-related need for the assistance animal or service animal.

Credits
2018, Oct. 24, P.L. 733, No. 118, § 3, effective in 60 days [Dec. 24, 2018].

§ 405.4. Immunity

Notwithstanding any other law to the contrary, a landlord or association shall not be liable for injuries caused by a person's assistance animal or service animal permitted on the landlord's property or within property controlled by the association as a reasonable accommodation to assist the person with a disability under the Fair Housing Act (Public Law 90-284, 42 U.S.C. § 3601 et seq.), section 504 of the Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 701 et seq.), the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327),1 the act of October 27, 1955 (P.L. 744, No. 222),2 known as the Pennsylvania Human Relations Act or any other Federal, State or local law.

Credits
2018, Oct. 24, P.L. 733, No. 118, § 4, effective in 60 days [Dec. 24, 2018].

Footnotes
1 42 U.S.C.A. § 12101 et seq.
2 43 P.S. § 951 et seq..

§ 405.5. Misrepresentation of entitlement to assistance animal or service animal

(a) Offense defined.--A person commits the offense of misrepresentation of entitlement to assistance animal or service animal if the person intentionally:

(1) misrepresents to another that the person has a disability or disability-related need for the use of an assistance animal or service animal in housing; or

(2) makes materially false statements for the purpose of obtaining documentation for the use of an assistance animal or service animal in housing.

(b) Grading.--A person who violates the provisions of subsection (a) commits a misdemeanor of the third degree.

Credits
2018, Oct. 24, P.L. 733, No. 118, § 5, effective in 60 days [Dec. 24, 2018].

§ 405.6. Misrepresentation of animal as assistance animal or service animal

(a) Offense defined.--A person commits the offense of misrepresentation of an animal as an assistance animal or service animal if the person intentionally:

(1) creates a document misrepresenting an animal as an assistance animal or service animal for use in housing;

(2) provides a document to another falsely stating that an animal is an assistance animal or service animal for use in housing; or

(3) fits an animal that is not an assistance animal or service animal with a harness, collar, vest or sign that the animal is an assistance animal or service animal for use in housing.

(b) Grading.--A person who violates the provisions of subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine not to exceed $1,000.

Credits
2018, Oct. 24, P.L. 733, No. 118, § 6, effective in 60 days [Dec. 24, 2018].

§ 405.7. Effective date

This act shall take effect in 60 days.

Credits
2018, Oct. 24, P.L. 733, No. 118, § 7, effective in 60 days [Dec. 24, 2018].

Full Statute Name: Consolidated Assistance Animal/Guide Dog Laws

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