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Michigan

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: MCL 287.291 and MCL 750.50a, 750.502c; MCL 752.51a, 752.52, 752.61 - 63

Citation: MI ST 287.291 and MI ST 750.50a, 750.502c; MI ST 752.51a, 752.52, 752.61 - 63


Last Checked by Web Center Staff: 01/2014

Summary:  

The following statutes comprise the state's relevant assistance animal and guide dog laws.



Statute in Full:
Michigan Compiled Laws Annotated. Chapter 287. Animal Industry. Leader Dogs for Blind Persons.

287.291. Guide or leader dogs for blind, hearing dog for deaf or audibly impaired, service dog for physically limited; exempt from licensing fees

Michigan Compiled Laws Annotated. Chapter 750. Michigan Penal Code. The Michigan Penal Code. Chapter IX. Animals.

750.50a. Conduct directed toward dogs assisting or serving blind, deaf, audibly impaired, or physically limited individuals; misdemeanor, penalties; evidence of initiated or continued conduct, rebuttable presumption; conviction and imposition of sentence; definitions

750.50c. Intentionally killing, causing physical harm to, harassing, or interfering with police dog, police horse, or search and rescue dog

Michigan Compiled Laws Annotated. Chapter 752. Crimes and Offenses. Protection of Blind Persons.

752.51a. Definitions

752.52. Approaching crosswalk by driver without taking precautions to avoid accidents or injuries to blind pedestrians; civil actions; investigations

Michigan Compiled Laws Annotated. Chapter 752. Crimes and Offenses. Collars, Harnesses and Leashes for Dogs Used by Deaf or Audibly Impaired Persons

752.61. Definitions

752.62. Use of dog wearing blaze orange leash and collar or harness

752.63. Penalties

Michigan Compiled Laws Annotated. Chapter 750. Michigan Penal Code. The Michigan Penal Code. Chapter LXXII. Public Safety.

750.502c. Refusal of entry or use of public or private accommodations by persons led or accompanied by guide, hearing or service dogs

 

Chapter 287. Animal Industry. Leader Dogs for Blind Persons.


287.291. Guide or leader dogs for blind, hearing dog for deaf or audibly impaired, service dog for physically limited; exempt from licensing fees

Sec. 1. (1) Notwithstanding any law or ordinance to the contrary, a dog is not subject to any fee for licensing if either of the following applies:

(a) The dog is used as a guide or leader dog for a blind person, a hearing dog for a deaf or audibly impaired person, or a service dog for a physically limited person.

(b) The dog is owned by a partnership, corporation, or other legal entity that trains dogs for use as guide or leader dogs for blind persons, hearing dogs for deaf or audibly impaired persons, or service dogs for physically limited persons.

(2) As used in this section:

(a) “Audibly impaired” means audibly impaired as defined in section 1 of 1981 PA 82, MCL 752.61.

(b) “Blind person” means a blind person as defined in section 1 of 1978 PA 260, MCL 393.351.

(c) “Deaf person” means a deaf person as defined in section 1 of 1981 PA 82, MCL 752.61.

(d) “Physically limited” means physically limited as defined in section 1 of 1966 PA 1, MCL 125.1351.

CREDIT(S)

Amended by P.A.1981, No. 74, § 1, Imd. Eff. June 30, 1981; P.A.1984, No. 112, § 1, Imd. Eff. May 24, 1984; P.A.2000, No. 4, Imd. Eff. Feb. 22, 2000.

 

Chapter 750. Michigan Penal Code. The Michigan Penal Code. Chapter IX. Animals.

750.50a. Conduct directed toward dogs assisting or serving blind, deaf, audibly impaired, or physically limited individuals; misdemeanor, penalties; evidence of initiated or continued conduct, rebuttable presumption; conviction and imposition of sentence; definitions

Sec. 50a. (1) An individual shall not do either of the following:

(a) Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass or injure a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual.

(b) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with duties performed by a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual.

(2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(3) In a prosecution for a violation of subsection (1), evidence that the defendant initiated or continued conduct directed toward a dog described in subsection (1) after being requested to avoid or discontinue that conduct or similar conduct by a blind, deaf, audibly impaired, or physically limited individual being served or assisted by the dog shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously.

(4) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law.

(5) As used in this section:

(a) “Audibly impaired” means the inability to hear air conduction thresholds at an average of 40 decibels or greater in the individual's better ear.

(b) “Blind” means having a visual acuity of 20/200 or less in the individual's better eye with correction, or having a limitation of the individual's field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees.

(c) “Deaf” means the individual's hearing is totally impaired or the individual's hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling, or reading.

(d) “Harass” means to engage in any conduct directed toward a guide, leader, hearing, or service dog that is likely to impede or interfere with the dog's performance of its duties or that places the blind, deaf, audibly impaired, or physically limited individual being served or assisted by the dog in danger of injury.

(e) “Injure” means to cause any physical injury to a dog described in subsection (1).

(f) “Maliciously” means any of the following:

(i) With intent to assault, beat, harass or injure a dog described in subsection (1).

(ii) With intent to impede or interfere with duties performed by a dog described in subsection (1).

(iii) With intent to disturb, endanger, or cause emotional distress to a blind, deaf, audibly impaired, or physically limited individual being served or assisted by a dog described in subsection (1).

(iv) With knowledge that the individual's conduct will, or is likely to harass or injure a dog described in subsection (1).

(v) With knowledge that the individual's conduct will, or is likely to impede or interfere with duties performed by a dog described in subsection (1).

(vi) With knowledge that the individual's conduct will, or is likely to disturb, endanger, or cause emotional distress to a blind, deaf, audibly impaired, or physically limited individual being served or assisted by a dog described in subsection (1).

(g) “Physically limited” means having limited ambulatory abilities and includes but is not limited to having a temporary or permanent impairment or condition that does 1 or more of the following:

(i) Causes the individual to use a wheelchair or walk with difficulty or insecurity.

(ii) Affects sight or hearing to the extent that an individual is insecure or exposed to danger.

(iii) Causes faulty coordination.

(iv) Reduces mobility, flexibility, coordination, or perceptiveness.

CREDIT(S)

P.A.1931, No. 328, § 50a, added by P.A.1994, No. 42, § 1, Eff. June 1, 1994.

 

750.50c. Intentionally killing, causing physical harm to, harassing, or interfering with police dog, police horse, or search and rescue dog

Sec. 50c. (1) As used in this section:
(a) “Dog handler” means a peace officer who has successfully completed training in the handling of a police dog pursuant to a policy of the law enforcement agency that employs that peace officer.
(b) “Physical harm” means any injury to a dog's or horse's physical condition.
(c) “Police dog” means a dog used by a law enforcement agency of this state or of a local unit of government of this state that is trained for law enforcement work and subject to the control of a dog handler.
(d) “Police horse” means a horse used by a law enforcement agency of this state or of a local unit of government of this state for law enforcement work.
(e) “Search and rescue dog” means a dog that is trained for, being trained for, or engaged in a search and rescue operation.
(f) “Search and rescue operation” means an effort conducted at the direction of an agency of this state or of a political subdivision of this state to locate or rescue a lost, injured, or deceased individual.
(g) “Serious physical harm” means any injury to a dog's or horse's physical condition or welfare that is not necessarily permanent but that constitutes substantial body disfigurement, or that seriously impairs the function of a body organ or limb.
(2) A person shall not intentionally kill or cause serious physical harm to a police dog or police horse or a search and rescue dog.
(3) A person shall not intentionally cause physical harm to a police dog or police horse or a search and rescue dog.
(4) A person shall not intentionally harass or interfere with a police dog or police horse or search and rescue dog lawfully performing its duties.
(5) A person who violates subsection (2) is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.
(6) Except as provided in subsection (7), a person who violates subsection (3) or (4) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.
(7) A person who violates subsection (3) or (4) while committing a crime is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $15,000.00, or both.
(8) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law committed by that individual while violating this section.

Credits
P.A.1931, No. 328, § 50c, added by P.A.1994, No. 336, § 1, Eff. April 1, 1995. Amended by P.A.2002, No. 672, Eff. March 31, 2003; P.A.2006, No. 517, Imd. Eff. Dec. 29, 2006.

 

Michigan Compiled Laws Annotated Currentness. Chapter 752. Crimes and Offenses. Protection of Blind Persons.

752.51a. Definitions

Sec. 1a. As used in this act:

(a) “Blind” means a person who has a visual acuity of 20/200 or less in the better eye with correction, or has limitation of his or her field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees.

(b) “Cane” means an aid used by a blind pedestrian for travel and identification purposes that is white in color with or without a red tip.

(c) “Crosswalk” means that term as defined in section 10 of the Michigan vehicle code, 1949 PA 300, MCL 257.10.

(d) “Dog guide” means a dog, in harness, that has been formally trained and that is used by a blind person as a travel aid.

(e) “Walker” means an aid used by a blind pedestrian for travel and identification purposes that is white in color or has white legs with or without a red tip.

Credits
P.A.1937, No. 10, § 1a, added by P.A.1986, No. 62, § 1, Eff. Jan. 1, 1987. Amended by P.A.2002, No. 401, Imd. Eff. June 3, 2002.


752.52. Approaching crosswalk by driver without taking precautions to avoid accidents or injuries to blind pedestrians; civil actions; investigations

Sec. 2. (1) A driver of a vehicle shall not approach a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian carrying a cane or using a dog guide or walker.

(2) A driver who approaches a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian carrying a cane or using a dog guide or walker is liable in damages for any injuries caused the blind pedestrian. A blind pedestrian who does not carry a cane or use a dog guide or walker has all of the rights and privileges conferred upon any other pedestrian by the laws of this state. The failure of a blind pedestrian to carry a cane or use a dog guide or walker shall not be treated as evidence of negligence in a civil action for injury to the blind pedestrian or for the blind pedestrian's wrongful death.

(3) If a person alleges to a peace officer a violation of subsection (1), the peace officer shall investigate the alleged violation. The prosecuting attorney shall review the peace officer's investigative report to determine whether a violation of subsection (1) has occurred and whether to issue charges. Upon the request of the blind pedestrian and after reviewing the investigative report, a prosecuting attorney shall inform the blind pedestrian of his or her decision and the reason or reasons supporting that decision.

CREDIT(S)

Amended by P.A.1986, No. 62, § 1, Eff. Jan. 1, 1987; P.A.2002, No. 401, Imd. Eff. June 3, 2002.

 

Michigan Compiled Laws Annotated Currentness. Chapter 752. Crimes and Offenses. Collars, Harnesses and Leashes for Dogs Used by Deaf or Audibly Impaired Persons.

752.61. Definitions

Sec. 1. As used in this act:

(a) "Audibly impaired" means the inability to hear air conduction thresholds at an average of 40 decibels or greater in the better ear.

(b) "Deaf person" means a person whose hearing is totally impaired or whose hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input, including but not limited to, lip reading, sign language, finger spelling, or reading.

(c) "Physically limited" means physically limited as defined in section 1 of Act No. 1 of the Public Acts of 1966, being section 125.1351 of the Michigan Compiled Laws.

CREDIT(S)
P.A.1981, No. 82, § 1, Imd. Eff. July 1. Amended by P.A.1984, No. 111, § 1, Imd. Eff. May 24.

 

752.62. Use of dog wearing blaze orange leash and collar or harness

Sec. 2. A person, except a person who is deaf, audibly impaired, or otherwise physically limited shall not use or be in possession of a dog that is wearing a blaze orange leash and collar or harness in any public place.

CREDIT(S)
P.A.1981, No. 82, § 2, Imd. Eff. July 1. Amended by P.A.1984, No. 111, § 1, Imd. Eff. May 24.

 

752.63. Penalties

Sec. 3. A person who knowingly violates this act is guilty of a misdemeanor, punishable by a fine of not more than $10.00.

CREDIT(S)
P.A.1981, No. 82, § 3, Imd. Eff. July 1.

 

Michigan Compiled Laws Annotated Currentness. Chapter 750. Michigan Penal Code. The Michigan Penal Code. Chapter LXXII. Public Safety.

750.502c. Refusal of entry or use of public or private accommodations by persons led or accompanied by guide, hearing or service dogs

Sec. 502c. (1) A person who is an owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public or private housing, accommodation, amusement, or recreation, including but not limited to any inn, hotel, motel, apartment building, trailer park, restaurant, barbershop, billiard parlor, store, public conveyance on land or water, theater, motion picture house, public or private educational institution, or elevator, who refuses to permit a person with disabilities to enter or use the place when the place is available because the person with disabilities is being led or accompanied by a guide or leader dog, hearing dog, or service dog is guilty of a misdemeanor if the guide or leader dog is wearing a harness or if the hearing dog or service dog is wearing a blaze orange leash and collar, hearing dog cape, or service dog backpack, and the person with disabilities being led or accompanied has in his or her possession a pictured identification card certifying that the dog was trained by a qualified organization or trainer. The department of labor shall maintain a list of organizations or trainers that train guide or leader dogs, hearing dogs, and service dogs.

(2) A person who is an owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public or private housing, accommodation, amusement, or recreation, including, but not limited to, the places listed in subsection (1), who refuses to permit a trainer of guide or leader dogs, hearing dogs, or service dogs to enter or use the place when the place is available because the trainer is being led or accompanied by a guide or leader dog, hearing dog, or service dog is guilty of a misdemeanor if the guide or leader dog is wearing a harness or if the hearing dog or service dog is wearing a hearing dog cape or service dog backpack, if the trainer is being led or accompanied by an adult dog for the purpose of training the dog, and if the trainer has in his or her possession picture identification and identification stating that he or she is a representative or employee of an organization or trainer, or is a trainer, included on the department of labor list of organizations or trainers that train guide or leader dogs, hearing dogs, or service dogs.

(3) As used in this section:

(a) "Adult dog" means a domestic dog of the species canis familiaris that is 12 months of age or older.

(b) "Audibly impaired" means audibly impaired as defined in section 1 of 1981 PA 82, MCL 752.61.

(c) "Blind person" means a blind person as defined in section 1 of 1978 PA 260, MCL 393.351.

(d) "Deaf person" means a deaf person as defined in section 1 of 1981 PA 82, MCL 752.61.

(e) "Person with disabilities" means a person who is audibly impaired, blind, deaf, or otherwise physically limited.

(f) "Physically limited" means physically limited as defined in section 1 of 1966 PA 1, MCL 125.1351.

CREDIT(S)

Amended by P.A.1980, No. 317, § 1, Eff. March 31, 1981; P.A.1984, No. 110, § 1, Eff. Oct. 1; P.A.1995, No. 114, § 1, Eff. Jan. 1, 1996; P.A.1998, No. 38, Imd. Eff. March 18, 1998.

 

 



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