Statute in Full:
West's New Mexico Statutes Annotated. Chapter 28. Human Rights. Article 7. Blind and Disabled Persons.
§ 28-7-3. Equal right to use public facilities
§ 28-7-4. Driver to take precautions approaching blind; liability for damage
§ 28-7-5. Interference with rights of blind; penalty
Chapter 28. Human Rights. Article 11. Assistance Animal Act.
§ 28-11-1. Repealed by L. 1989, Ch. 242, § 5, eff. June 16, 1989
§ 28-11-1.1. Short title
§ 28-11-2. Definitions
§ 28-11-3. Admittance of qualified assistance animals
§ 28-11-4. Penalty
§ 28-11-5. Findings and purpose; interference with qualified assistance animals prohibited; criminal and civil penalties
Chapter 77. Livestock Code. Article 1. Dogs and Domesticated Animals.
§ 77-1-15.1. Regulation and licensure of dogs; impoundment of animals; qualified service animals exempt
Chapter 28. Human Rights. Article 7. Blind and Disabled Persons.
§ 28-7-3. Equal right to use public facilities
A. Persons who are blind, visually impaired or who have another physical disability have the same right as others to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.
B. Persons who are blind, visually impaired or who have another physical disability are entitled to full and equal accommodations, advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort and any other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
C. Every totally or partially blind person shall have the right to be accompanied by a guide dog, specially trained for the purpose, in any of the places listed in this section without being required to pay an extra charge for the guide dog; provided that the person shall be liable for any damage done to the property or facilities by the dog.
D. The attorney general, district attorney or any person with a disability may file an action in the judicial district when a building has been built or altered and the work has not been accomplished in accordance with the current uniform building code, other applicable publications and established handicapped standards. The building official shall notify those applying for a permit that they shall comply with established standards. Any interested person may appeal the granting or denial of a waiver to the district court where the building is located. If the court finds that the building owner was required to comply with handicap access standards of the uniform building code and has failed to comply with such standards within a reasonable period of time, then the party filing action shall recover the court costs, attorney fees and appropriate injunctive relief to remedy the violation.
CREDIT(S)
L. 1967, Ch. 232, § 3; L. 1972, Ch. 51, § 9; L. 1987, Ch. 39, § 1; L. 2007, Ch. 46, § 25, eff. June 15, 2007.
§ 28-7-4. Driver to take precautions approaching blind; liability for damage
The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide dog shall take all necessary precautions to avoid injury to such blind pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused to such pedestrian; provided that a totally blind or partially blind pedestrian not carrying such a cane or using a guide dog in any of the places, accommodations or conveyances listed herein, shall have all the rights and privileges conferred by law upon other persons, and the failure of a totally blind pedestrian to carry such a cane or to use a guide dog in any such places, accommodations or conveyances shall not be held to constitute nor be evidence of contributory negligence.
L. 1967, Ch. 232, § 4; L. 1972, Ch. 51, § 9.
§ 28-7-5. Interference with rights of blind; penalty
A person, firm or corporation or the agent of a person, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities enumerated in Section 28-7-3 NMSA 1978 or otherwise interferes with the rights of a blind or visually impaired person or a person who has a physical disability enumerated in the White Cane Law is guilty of a misdemeanor.
CREDIT(S)
L. 1967, Ch. 232, § 5; L. 1972, Ch. 51, § 9; L. 2007, Ch. 46, § 26, eff. June 15, 2007.
Chapter 28. Human Rights. Article 11. Assistance Animal Act.
§ 28-11-1.1. Short title
Chapter 28, Article 11 NMSA 1978 may be cited as the "Assistance Animal Act".
CREDIT(S)
Added by L. 2005, Ch. 224, § 1, eff. June 17, 2005.
§ 28-11-2. Definitions
As used in the Assistance Animal Act, "qualified assistance animal" means any assistance dog or other animal that has been or is being trained to provide assistance to an individual with a disability and includes:
A. an assistance dog that has been or is being trained as a guide dog, hearing dog or service dog;
B. a guide dog that has been or is being trained to aid a blind or visually impaired person;
C. a hearing dog that has been or is being trained to aid a deaf or hearing-impaired person; and
D. a service dog that has been or is being trained to aid a person with a disability other than a sight or hearing impairment.
CREDIT(S)
L. 1989, Ch. 242, § 1; L. 1999, Ch. 262, § 1; L. 1999, Ch. 288, § 1; L. 2005, Ch. 224, § 2, eff. June 17, 2005.
§ 28-11-3. Admittance of qualified assistance animals
Notwithstanding any other provision of law:
A. A qualified assistance animal shall be admitted to any building open to the public and to all public accommodations such as restaurants, hotels, hospitals, swimming pools, stores, common carriers and theaters; provided that the qualified assistance animal is under the control of an owner or a trainer of the qualified assistance animal. No person shall be required to pay any additional charges for the qualified assistance animal, but shall be liable for any damage done by the qualified assistance animal.
B. In an emergency requiring transportation or relocation of the owner or trainer of the qualified assistance animal, to the extent practicable, accommodations shall be made for the qualified assistance animal to remain or be reunited with the owner or trainer.
CREDIT(S)
L. 1989, Ch. 242, § 2; L. 1999, Ch. 262, § 2; L. 1999, Ch. 288, § 2; L. 2005, Ch. 224, § 3, eff. June 17, 2005.
§ 28-11-4. Penalty
A person who violates a provision of the Assistance Animal Act shall be guilty of a misdemeanor and, upon conviction, shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
CREDIT(S)
L. 1989, Ch. 242, § 3; L. 2005, Ch. 224, § 4, eff. June 17, 2005.
§ 28-11-5. Findings and purpose; interference with qualified assistance animals prohibited; criminal and civil penalties
A. The legislature finds that unrestrained dogs constitute a danger to qualified assistance animals and public safety. The purpose of this section is to protect persons with disabilities and qualified assistance animals from attack by unrestrained dogs.
B. It is unlawful for any person, with no legal justification, to:
(1) intentionally interfere with the use of a qualified assistance animal by harassing or obstructing the owner or trainer of the qualified assistance animal or the qualified assistance animal; or
(2) intentionally fail or refuse to control the person's unrestrained dog, and that dog interferes with or obstructs the owner or trainer of the qualified assistance animal or the qualified assistance animal.
C. The provisions of this section shall not apply to unrestrained dogs on private property not open to the public.
D. A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished pursuant to Section 31-19- 1 NMSA 1978. A person convicted under this section may be ordered to pay restitution, including the cost of veterinary bills and replacement and training costs of a qualified assistance animal, if such costs are incurred as a result of the violation.
E. Nothing in this section shall be construed to preclude any other remedies otherwise available pursuant to common law or the NMSA 1978.
CREDIT(S)
L. 1999, Ch. 113, § 1; L. 2005, Ch. 224, § 5, eff. June 17, 2005.
Chapter 77. Livestock Code. Article 1. Dogs and Domesticated Animals.
§ 77-1-15.1. Regulation and licensure of dogs; impoundment of animals; qualified service animals exempt
A. Every municipality and each county may provide by ordinance for the mandatory licensure of dogs over the age of three months. License fees shall be fixed by the responsible municipality or county. Proof of vaccination against rabies shall be provided by the owner or keeper before a license is issued. A combined rabies vaccination certificate and license may be provided by ordinance.
B. Every municipality and each county shall provide for the impoundment of rabies-suspect animals and shall designate a part-time or full-time animal control officer who shall be deputized to enforce animal control laws, orders, ordinances and regulations.
C. No fee shall be charged for the licensure of qualified service animals who are trained to lead partially or totally blind persons, aid hearing impaired persons or assist mobility impaired persons.
L. 1979, Ch. 194, § 7; L. 1989, Ch. 242, § 4.
|
