25-13 Blind and Disabled Persons' Activities
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<![CDATA[CHAPTER 25-13BLIND AND DISABLED PERSONS' ACTIVITIES25-13-01. Legislative policy. It is the policy of this state to encourage and enable theblind, the visually handicapped, and the otherwise physically disabled to participate fully in the<br>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 guidedog, signal dog, or other animal trained to do work, perform tasks, or provide assistance for the<br>benefit of an individual with a disability.The term includes an animal trained to provideassistance or protection services to an individual with a disability, pull a wheelchair, lend balance<br>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<br>accommodations, common carriers, facilities of a health care provider, and all places to which<br>the public is generally invited, without being required to pay an extra charge for the animal;<br>provided, that the individual is liable for any damage done to the premises or facility by the<br>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<br>accommodation, common carrier, facility of a health care provider, and any place to<br>which the public is generally invited, without being required to pay an extra charge<br>for the service animal in training, provided:a.The trainer notifies an onsite manager that a service animal in training is being<br>brought onto the premises;b.The trainer wears a photo identification card issued by a nationally recognized<br>service animal training program; andc.The trainer is liable for any damage done to the premises or facility by the<br>service animal in training.2.Upon receiving notice as provided in subsection 1, the onsite manager may not deny<br>admission to the trainer and the service animal in training without good cause.25-13-03. Driver of motor vehicle - Precaution - Individual with service animal. Ifthe driver of a motor vehicle approaches an individual who is blind or visually impaired and who<br>is carrying a cane predominately white or metallic in color, with or without a red tip, or who is<br>accompanied by a service animal, the driver shall take all reasonable precautions to avoid injury<br>to the individual and the service animal. Any driver who fails to take reasonable precautions is<br>liable to the individual for any injury caused. An individual who is blind or visually impaired and<br>not carrying a cane or an individual with a disability who is not accompanied by a service animal<br>has all of the rights and privileges conferred by law upon other individuals. The failure of an<br>individual who is blind or visually impaired to carry a cane or the failure of an individual with a<br>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 deniesor interferes with admittance to or enjoyment of the public places or facilities enumerated in<br>section 25-13-02 or otherwise interferes with the rights of an individual who is blind or visually<br>impaired, or with the rights of an individual who is accompanied by a service animal, is guilty of a<br>class A misdemeanor.This section does not apply to a denial of admission under section25-13-02.1.Page No. 125-13-05. State employment of individuals who are blind or otherwise disabled. Itis the policy of this state that individuals who are blind, visually impaired, or otherwise disabled<br>shall be employed in the state service, the service of the political subdivisions of the state, the<br>public schools, and all other employment supported in whole or in part by public funds on the<br>same terms and conditions as individuals who are not disabled, unless the particular disability<br>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<br>thousand dollars if that person willfully and unjustifiably kills, shoots, tortures,<br>torments, beats, kicks, strikes, mutilates, disables, or otherwise injures a service<br>animal.2.A person is guilty of a class A misdemeanor and is subject to a civil penalty of up to<br>five thousand dollars if that person willfully:a.Harasses, taunts, or provokes a service animal; orb.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<br>animal to relieve the animal of undue suffering and pain.Page No. 2Document Outlinechapter 25-13 blind and disabled persons' activities]]>