Definitions
Under Dog Law:“Service dog.” Any dog which has been or is in the process of being trained as a guide dog, signal dog or has been trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, pulling a wheelchair or fetching dropped items.
3 P.S. § 459-102
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).
18 Pa.C.S.A. § 7325
“Service, guide or support dog.” A dog that is trained or is being trained to work or perform tasks for the benefit of an individual with a disability consistent with Federal and State law related to service animals.
18 Pa.C.S.A. § 5531
SDIT Covered?
Yes. A person is guilty of a summary offense if he . . . 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 . . .18 Pa.C.S.A. § 7325
Accommodation Law
Policy statement in law:The practice or policy of discrimination against individuals or groups by reason of their . . . 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.
43 P.S. § 952
Recognized as civil right:
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 . . . 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.
43 P.S. § 953
Public accommodation discrimination:
A person is guilty of a summary offense if he, being the proprietor, manager or employee of a . . . 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 . . .
18 Pa.C.S.A. § 7325
Harassment of/Interference with Service Dogs
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.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.
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.
If a dog attacks a service dog and the owner knew the dog had a vicious propensity and failed to restrain the dog, a court of common pleas may impose any of the following:
- A civil penalty of up to $15,000;
- Reparations for veterinary and, if necessary, the cost of retraining the dog or of obtaining and training a replacement guide, hearing or service dog;
- Loss of income for the time the individual is unable to work due to the unavailability of the guide, hearing or service dog.
Driving Law
The driver of a vehicle shall yield the right-of-way to any totally or partially blind pedestrian accompanied by a guide dog and shall take such precautions as may be necessary to avoid injuring or endangering the pedestrian.Violation is a summary offense punishable by a fine of not less than $50 nor more than $150.
75 Pa.C.S.A. § 3549
Licensing Law
The provisions of this act relating to the payment of fees and other charges shall not apply to any person who uses a service dog for aid . . . License tags for service dogs . . . shall be issued without charge.Also, puppies that are brought into this Commonwealth for a period of less than 18 months as part of a formalized training to be service dogs shall be exempt from the licensing requirements of this act.
3 P.S. § 459-217
Service Dog Fraud
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.
A person who violates the provisions commits a misdemeanor of the third degree.
68 P.S. § 405.5
