# Title 25 — Mental and Physical Illness or Disability

## Chapter 25-13 — Blind and Disabled Persons' Activities

### § 25-13-01. Legislative policy.

It is the policy of this state to encourage and enable the blind, the visually handicapped, and
the otherwise physically disabled to participate fully in the social and economic life of the state
and to engage in remunerative employment.
### § 25-13-01.1. Definitions.

For purposes of this chapter "service animal" means any dog trained to do work, perform
tasks, or provide assistance for the benefit of an individual with a disability. The term includes a
dog trained to provide assistance to an individual with a disability, pull a wheelchair, lend
balance support, retrieve dropped objects, or provide assistance in a medical crisis.
### § 25-13-02. Individual with a disability - Service animal - Admission to public places.

An individual with a disability is entitled to be accompanied by a service animal in places of
public accommodations, common carriers, facilities of a health care provider, and all places to
which the public is generally invited, without being required to pay an extra charge for the
animal; provided, that the individual is liable for any damage done to the premises or facility by
the animal.
### § 25-13-02.1. Trainer and a service animal in training - Admission to public places.

1. A trainer with a service animal in training may enter any place of public
accommodation, common carrier, facility of a health care provider, and any place to
which the public is generally invited, without being required to pay an extra charge for
the service animal in training, provided:
a. The trainer notifies an onsite manager that a service animal in training is being
brought onto the premises;
b. The trainer wears a photo identification card issued by a nationally recognized
service animal training program; and
c. The trainer is liable for any damage done to the premises or facility by the service
animal in training.
2. Upon receiving notice as provided in subsection 1, the onsite manager may not deny
admission to the trainer and the service animal in training without good cause.
### § 25-13-02.2. Service animal - Misrepresentation - Penalty.

An individual is guilty of an infraction if the individual, in an attempt to gain admission to a
public place under this chapter or obtain a reasonable housing accommodation under section
47-16-07.5, knowingly makes a false claim that a pet is a service animal.
### § 25-13-03. Driver of motor vehicle - Precaution - Individual with service animal.

If the driver of a motor vehicle approaches an individual who is blind or visually impaired
and who is carrying a cane predominately white or metallic in color, with or without a red tip, or
who is accompanied by a service animal, the driver shall take all reasonable precautions to
avoid injury to the individual and the service animal. Any driver who fails to take reasonable
precautions is liable to the individual for any injury caused. An individual who is blind or visually
impaired and not carrying a cane or an individual with a disability who is not accompanied by a
service animal has all of the rights and privileges conferred by law upon other individuals. The
failure of an individual who is blind or visually impaired to carry a cane or the failure of an
individual with a disability to be accompanied by a service animal is not by itself evidence of
fault.
### § 25-13-04. Penalty for interfering or denying use of facilities.

Any person who denies or interferes with admittance to or enjoyment of the public places or
facilities enumerated in section 25-13-02 or otherwise interferes with the rights of an individual

who is blind or visually impaired, or with the rights of an individual who is accompanied by a
service animal, is guilty of a class A misdemeanor. This section does not apply to a denial of
admission under section 25-13-02.1.
### § 25-13-05. State employment of individuals who are blind or otherwise disabled.

It is the policy of this state that individuals who are blind, visually impaired, or otherwise
disabled shall be employed in the state service, the service of the political subdivisions of the
state, the public schools, and all other employment supported in whole or in part by public funds
on the same terms and conditions as individuals who are not disabled, unless the particular
disability prevents the performance of the work involved.
### § 25-13-06. Killing or injury of service animal - Penalty.

1. A person is guilty of a class C felony and is subject to a civil penalty of up to ten
thousand dollars if that person willfully and unjustifiably kills, shoots, tortures,
torments, beats, kicks, strikes, mutilates, disables, or otherwise injures a service
animal.
2. A person is guilty of a class A misdemeanor and is subject to a civil penalty of up to
five thousand dollars if that person willfully:
a. Harasses, taunts, or provokes a service animal; or
b. Interferes with a service animal while the animal is working.
3. This section does not apply to a veterinarian who terminates the life of a service
animal to relieve the animal of undue suffering and pain.
