What is the law on service dogs in the state of Nevada?

10/05/2007 - Animals - State: NV #9686

Full Question:

I have 2 service dogs, one is a sensory dog and the other is a guide dog. I am in an electric wheelchair. I am constantly stopped by shop owners who say "you can't have dogs in here". I have certifications in an ID card for both dogs and a "service dog" patch on their harnesses. What I would like to know is what is the required "service dog" outfit/harness that Las Vegas, NV has... if any. According to the ADA law, neither of the dogs need special items on them. Nevada does require the dogs to have certification papers which I have...and carry a smaller card version of it in my wallet at all times. I am just getting frustrated with the attitudes of others and want to clarify what the law in Nevada is concerning service dogs.

Answer:

The applicable Nevada statutes are as follows:

NRS 651.070 All persons entitled to equal enjoyment of places of public accommodation.
All persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin or disability.
NRS 651.075 Rights, duties and liabilities of persons training or accompanied by service animal, service animal in training or police dog; unlawful acts; rights of place of accommodation; unmuzzled animal may not be presumed dangerous; person subject to same conditions and limitations as others; remedies.
1. It is unlawful for a place of public accommodation to:
(a) Refuse admittance or service to a person with a disability because he is accompanied by a service animal.
(b) Refuse admittance or service to a person training a service animal.
(c) Refuse to permit an employee of the place of public accommodation who is training a service animal to bring the service animal into:
(1) The place of public accommodation; or
(2) Any area within the place of public accommodation to which employees of the place of public accommodation have access, regardless of whether the area is open to the public.
(d) Refuse admittance or service to a person because he is accompanied by a police dog.
(e) Charge an additional fee or deposit for a service animal, service animal in training or a police dog as a condition of access to the place of public accommodation.
(f) Require proof that an animal is a service animal or service animal in training.
2. A place of public accommodation may:
(a) Ask a person accompanied by an animal:
(1) If the animal is a service animal or service animal in training; and
(2) What tasks the animal is trained to perform or is being trained to perform.
(b) Ask a person to remove a service animal or service animal in training if the animal:
(1) Is out of control and the person accompanying the animal fails to take effective action to control it; or
(2) Poses a direct threat to the health or safety of others.
3. A service animal may not be presumed dangerous by reason of the fact it is not muzzled.
4. This section does not relieve:
(a) A person with a disability who is accompanied by a service animal or a person who trains a service animal from liability for damage caused by the service animal.
(b) A person who is accompanied by a police dog from liability for damage caused by the police dog.
5. Persons with disabilities who are accompanied by service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.
6. Persons who are accompanied by police dogs are subject to the same conditions and limitations that apply to persons who are not so accompanied.
7. A person who violates paragraph (e) of subsection 1 is civilly liable to the person against whom the violation was committed for:
(a) Actual damages;
(b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and
(c) Reasonable attorney's fees as determined by the court.
8. The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.
9. As used in this section:
(a) "Police dog" means a dog which is owned by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer.
(b) "Service animal" has the meaning ascribed to it in NRS 426.097.
(c) "Service animal in training" has the meaning ascribed to it in NRS 426.099.
NRS 651.080 Deprivation of, interference with and punishment for exercising rights and privileges unlawful; penalty.
1. Any person is guilty of a misdemeanor who:
(a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by NRS 651.070 or 651.075;
(b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right or privilege secured by NRS 651.070 or 651.075; or
(c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right or privilege secured by NRS 651.070 or 651.075.
2. A prosecution for violation of a local ordinance authorized by NRS 651.100 is a bar to any prosecution pursuant to this section.
NRS 651.090 Civil actions; damages; equitable relief; costs and attorney's fees.
1. Any person who:
(a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by NRS 651.070 or 651.075;
(b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right or privilege secured by NRS 651.070 or 651.075; or
(c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right or privilege secured by NRS 651.070 or 651.075, is liable to the person whose rights pursuant to NRS 651.070 or 651.075 are affected for actual damages, to be recovered by a civil action in a court in and for the county in which the infringement of civil rights occurred or in which the defendant resides.
2. In an action brought pursuant to this section, the court may:
(a) Grant any equitable relief it considers appropriate, including temporary, preliminary or permanent injunctive relief, against the defendant.
(b) Award costs and reasonable attorney's fees to the prevailing party.
NRS 651.120 Limitation on criminal and civil actions.
A criminal or civil action authorized by NRS 651.075, 651.080, 651.090 or 651.100 may not be brought after the expiration of 1 year from the date of the act complained of. When a complaint is filed with the Nevada Equal Rights Commission pursuant to NRS 651.110, the limitation provided by this section is tolled as to any action authorized by NRS 651.075, 651.080, 651.090 or 651.100 during the pendency of such complaint before the Commission. For the purposes of this section, a complaint is pending before the Commission until the time expires for filing a petition for judicial review of the final decision of the Commission on the complaint or, if proceedings for such review are instituted, then until the proceedings are completed.
NRS 651.110 Filing of complaint with Nevada Equal Rights Commission.
Any person who believes he has been denied full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation because of discrimination or segregation based on race, color, religion, national origin or disability may file a complaint to that effect with the Nevada Equal Rights Commission.
NRS 426.097 "Service animal" defined.
"Service animal" means an animal that has been trained to assist or accommodate a person with a disability.
NRS 426.510 Restrictions on use of service animal and white or metallic cane; duties of pedestrian; penalty.
1. Except as otherwise provided in subsections 2, 3 and 4, a person shall not:
(a) Use a service animal; or
(b) Carry or use on any street or highway or in any other public place a cane or walking stick which is white or metallic in color, or white tipped with red.
2. A blind person may use a service animal and a cane or walking stick which is white or metallic in color, or white tipped with red.
3. A deaf person may use a service animal.
4. A person with a physical disability may use a service animal.
5. Any pedestrian who approaches or encounters a blind person using a service animal or carrying a cane or walking stick, white or metallic in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the blind person.
6. Any person other than a blind person who:
(a) Uses a service animal or carries a cane or walking stick such as is described in this section, contrary to the provisions of this section;
(b) Fails to heed the approach of a person using a service animal or carrying such a cane as is described by this section;
(c) Fails to come to a stop upon approaching or coming in contact with a person so using a service animal or so carrying such a cane or walking stick; or
(d) Fails to take precaution against accident or injury to such a person after coming to a stop as provided for in this section, is guilty of a misdemeanor.
7. This section does not apply to any person who is instructing a blind person, deaf person or person with a physical disability or training a service animal.
NRS 426.515 Failure to use cane or service animal as evidence of contributory negligence in action against carrier or place of public accommodation.
The failure of a:
1. Blind person to carry a white or metallic colored cane or to use a service animal;
2. Deaf person to use a service animal; or
3. Person with a physical disability to use a service animal, does not constitute contributory negligence per se, but may be admissible as evidence of contributory negligence in a personal injury action by that person against a common carrier or any other means of public conveyance or transportation or a place of public accommodation as defined by NRS 651.050 when the injury arises from the blind person's, deaf person's or person with a physical disability's making use of the facilities or services offered by the carrier or place of public accommodation.
NRS 426.790 Unlawfully interfering with or allowing dog or other animal to interfere with use of service animal or service animal in training; unlawfully beating or killing service animal or service animal in training; penalties.
1. A person shall not:
(a) Without legal justification, interfere with, or allow a dog or other animal he owns, harbors or controls to interfere with, the use of a service animal or service animal in training by obstructing, intimidating or otherwise jeopardizing the safety of the service animal or service animal in training or the person using the service animal or service animal in training.
(b) Willfully and maliciously beat a service animal or service animal in training.
(c) Willfully and maliciously kill a service animal or service animal in training.
2. Unless a greater penalty is provided in NRS 206.150, a person who violates:
(a) Paragraph (a) of subsection 1 is guilty of a gross misdemeanor.
(b) Paragraph (b) of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(c) Paragraph (c) of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. A person who violates paragraph (a), (b) or (c) of subsection 1 is, in addition to any criminal penalty that may be imposed, civilly liable to the person against whom the violation was committed as provided in NRS 426.820.
4. In addition to any other penalty, the court shall order a person convicted of a violation of paragraph (a), (b) or (c) of subsection 1 to pay restitution to the person who has the disability or the person who has custody or ownership of the service animal or service animal in training for any veterinary bills, and for the replacement cost of the service animal or service animal in training if it was killed or disabled or has become mentally or physically unable to perform its duties. The restitution must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.
NRS 426.810 Allowing dog or other animal to injure or kill service animal or service animal in training unlawful; allowing dog or other animal to endanger or injure person accompanied by service animal or service animal in training unlawful; penalties.
1. It is unlawful for a person to allow a dog or other animal that he owns, harbors or controls to cause injury to or the death of any service animal or service animal in training, or to endanger or cause injury to a person who has a disability and is accompanied by a service animal or a person who trains service animals and is accompanied by a service animal in training.
2. Any person, including, without limitation, any firm, association or corporation, who violates the provisions of subsection 1:
(a) Is guilty of a misdemeanor and shall be punished by a fine of not more than $500; and
(b) In addition to any criminal penalty that may be imposed, is civilly liable to the person against whom the violation was committed as provided in NRS 426.820.
3. In addition to any other penalty, the court shall order a person convicted of a violation of subsection 1 to pay restitution to the person who has the disability or the person who has custody or ownership of the service animal or service animal in training for any veterinary bills, and for the replacement cost of the service animal or service animal in training if it was killed or disabled or has become mentally or physically unable to perform its duties. The restitution must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.
NRS 426.820 Civil liability for engaging in certain prohibited acts concerning service animals or service animals in training.
1. In addition to any criminal penalty that may be imposed, any person, including, without limitation, any firm, association or corporation, who violates the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 426.790 or subsection 1 of NRS 426.810 is civilly liable to the person against whom the violation was committed for:
(a) Actual damages;
(b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and
(c) Reasonable attorney's fees as determined by the court.
2. The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.


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10/05/2007 - Category: Animals - State: NV #9686

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