Definitions
"Service animal" means a dog or miniature horse individually trained to provide assistance to an individual with a disability. The term does not include an emotional support animal..MCA 49-4-203
SDIT Covered?
Yes. A person with a disability has the right to be accompanied by a service animal or a service animal in training with identification complying with subsection (4) in any of the places mentioned in 49-4-211(2) without being charged extra for the service animal. The person with a disability is liable for any damage done to the property by the animal.(4) For the purposes of this section, a service animal in training shall wear a leash, collar, cape, harness, or backpack that identifies in writing that the animal is a service animal in training. The written identification for service animals in training must be visible and legible from a distance of at least 20 feet.
MCA 49-4-214
Accommodation Law
A person with a disability has the right to be accompanied by a service animal or a service animal in training with identification complying with subsection (4) in any of the places mentioned in 49-4-211(2) without being charged extra for the service animal.MCA 49-4-214
Violation of these rights is a misdemeanor.
MCA 49-4-215
Driving Law
On a way of the state open to the public, the operator of a vehicle shall yield the right-of-way to a blind pedestrian who is accompanied by a guide dog.MCA 61-8-516
Any person other than a person wholly or partially blind who shall fail to come to a full stop when approaching or coming in contact with a person so being led by a trained guide dog or who shall fail to take precaution against accidents or injury to such person after coming to a stop is guilty of a misdemeanor punishable by a fine not to exceed $25.
MCA 49-4-217
Service Dog Fraud
A person who misrepresents a service animal may be found guilty of a misdemeanor if:(a) the person was previously given a written warning regarding the fact that it is illegal to intentionally misrepresent a service animal; and
(b) the person continued to misrepresent the animal as a service animal in order to gain any of the rights or privileges afforded to a service animal.
Violation of the law:
(a) for a first offense, a fine of $50;
(b) for a second offense, a fine of not less than $75 or more than $200; and
(c) for a third or subsequent offense, a fine of not less than $100 or more than $1,000.
In addition to the monetary penalty, a person convicted may be required to perform community service for an organization that advocates on the behalf of persons with disabilities.
MCA 49-4-222
