West's Nevada Revised Statutes Annotated.
Title 10. Property Rights and Transactions. Chapter 118. Discrimination in Housing: Landlord and Tenant. Discrimination in Housing.
118.105 . Landlord may not refuse to rent dwelling because person with disability will reside with animal that provides assistance, support or service
Title 38. Public Welfare. Chapter 426. Persons with Disabilities. General Provisions.
426.097 . "Service animal" defined
426.099 . "Service animal in training" defined
Title 38. Public Welfare. Chapter 426. Persons with Disabilities. Use of Service Animals and White or Metallic Canes.
426.510 . Restrictions on use service animal and white or metallic cane; duties of pedestrian; penalty
426.515 . Failure to use cane or service animal as evidence of contributory negligence in action against carrier or place of public accommodation
Title 38. Public Welfare. Chapter 426. Persons with Disabilities. Establishment and Operation of Vending Stands on Public Property.
426.695. Operator of vending stand may keep service animal on premises
Title 38. Public Welfare. Chapter 426. Persons with Disabilities. Penalties.
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
426.800 . Fraudulent acts: Penalty; presumption
426.805 . Fraudulent misrepresentation of animal as service animal or service animal in training unlawful; penalty
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
426.820 . Civil liability for engaging in certain prohibited acts concerning service animals or service animals in training
Title 43. Public Safety; Vehicles; Watercraft. Chapter 484. Traffic Laws. Rules of the Road. Pedestrians.
484B.290 . Right-of-way of person who is blind; penalty (substituted in revision for 484.328)
Title 53. Labor and Industrial Relations. Chapter 613. Employment Practices. Equal Opportunities for Employment.
613.330 . Unlawful employment practices: Discrimination on basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; interference with aid or appliance for disability; refusal to permit service animal at place of employment
Title 54. Professions, Occupations and Businesses. Chapter 651. Public Accommodations. Equal Enjoyment of Places of Public Accommodation.
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 service animal may not be presumed dangerous; exception for miniature horse under certain circumstances; person subject to same conditions and limitations as others; remedies
Title 58. Energy; Public Utilities and Similar Entities. Chapter 704. Regulation of Public Utilities Generally. General Standards and Practices.
704.145 . Unlawful to refuse service of public transportation or charge additional fee or deposit to certain persons accompanied by service animal or service animal in training; exception; remedies
Title 58. Energy; Public Utilities and Similar Entities. Chapter 706. Motor Carriers. Regulation and Licensing of Motor Carriers. Rates and Service.
706.366 . Unlawful to refuse service of public transportation or charge additional fee or deposit to certain persons accompanied by service animal or service animal in training; exception; remedies
Title 36. Military Affairs and Civil Emergencies (Chapters 412-416). Chapter 414. Emergency Management. General Provisions (laws on evacuation with service animals)
Title 10. Property Rights and Transactions. Chapter 118. Discrimination in Housing: Landlord and Tenant. Discrimination in Housing.
118.105. Landlord may not refuse to rent dwelling because person with disability will reside with animal that provides assistance, support or service
1. Except as otherwise provided in subsection 2, a landlord may not refuse to rent a dwelling subject to the provisions of chapter 118A of NRS to a person with a disability solely because an animal will be residing with the prospective tenant in the dwelling if the animal assists, supports or provides service to the person with a disability.
2. A landlord may require proof that an animal assists, supports or provides service to the person with a disability. This requirement may be satisfied, without limitation, by a statement from a provider of health care that the animal performs a function that ameliorates the effects of the person's disability.
Added by Laws 1977, p. 1347. Amended by Laws 1981, p. 1915; Laws 1987, p. 824; Laws 1991, pp. 1021, 1981; Laws 2003, c. 473, § 10, eff. Oct. 1, 2003; Laws 2005, c. 196, § 12.
Title 38. Public Welfare. Chapter 426. Persons with Disabilities. General Provisions.
426.097. "Service animal" defined
“Service animal” has the meaning ascribed to it in 28 C.F.R. § 36.104 and includes a miniature horse that has been trained to do work or perform tasks for the benefit of a person with a disability.
Credits
Added by Laws 1995, p. 1992. Amended by Laws 1999, p. 2515; Laws 2003, c.429, § 16, eff. July 1, 2003; Laws 2003, c. 473, § 7; Laws 2015, c. 63, § 1, eff. Oct. 1, 2015.
426.099. "Service animal in training" defined
“Service animal in training” means a dog or a miniature horse that is being trained as a service animal.
Credits
Added by Laws 2003, c. 473, § 3, eff. Oct. 1, 2003. Amended by Laws 2015, c. 63, § 2, eff. Oct. 1, 2015.
Chapter 426. Persons with Disabilities. Use of Service Animals and White or Metallic Canes.
426.510. Restrictions on use 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 person who is blind 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 person who is deaf may use a service animal.
4. A person with a disability not described in subsection 2 or 3 may use a service animal.
5. Any pedestrian who approaches or encounters a person who is blind 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 person who is blind.
6. Any person other than a person who is blind 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 person who is blind, person who is deaf or person with any other disability or training a service animal.
Credits
Added by Laws 1939, c. 58, §§ 1, 2, 3. NRS amended by Laws 1969, p. 511; Laws 1981, pp. 670, 1916; Laws 1987, p. 823; Laws 1995, p. 1992; Laws 2003, c. 429, § 17, eff. July 1, 2003; Laws 2003, c. 473, § 8; Laws 2005, c. 196, § 2; Laws 2015, c. 63, § 2.3, eff. Oct. 1, 2015; Laws 2015, c. 317, § 93, eff. Jan. 1, 2016.
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. Person who is blind to carry a white or metallic colored cane or to use a service animal;
2. Person who is deaf to use a service animal; or
3. Person with a disability not described in subsection 1 or 2 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 person who is blind, person who is deaf or person with any other disability making use of the facilities or services offered by the carrier or place of public accommodation.
Credits
Added by Laws 1971, p. 807. Amended by Laws 1981, p. 1917; Laws 1987, p. 824; Laws 1995, p. 1993; Laws 2003, c. 429, § 18, eff. July 1, 2003; Laws 2005, c. 196, § 3; Laws 2015, c. 63, § 2.7, eff. Oct. 1, 2015.
Chapter 426. Persons with Disabilities. Establishment and Operation of Vending Stands on Public Property.
426.695. Operator of vending stand may keep service animal on premises
A licensee who operates a vending facility pursuant to the provisions of NRS 426.630 to 426.715, inclusive, and sections 2 and 3 of this act may keep a service animal with him or her at all times on the premises where that vending facility is located.
Credits
Added by Laws 1973, p. 1496. Amended by Laws 1995, p. 1993; Laws 2005, c. 196, § 8; Laws 2021, c. 182, § 16, eff. July 1, 2021.
Chapter 426. Persons with Disabilities. Penalties.
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.
Added by Laws 1981, p. 1916. Amended by Laws 1987, p. 824; Laws 1995, p. 1993; Laws 1999, p. 2516; Laws 2001, c. 572, § 9, eff. June 13, 2001; Laws 2003, c. 473, § 9, eff. Oct. 1, 2003; Laws 2005, c. 196, § 9.
426.800. Fraudulent acts: Penalty; presumption
1. Except as otherwise provided in NRS 426.461, a person who knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, services to which he or she is not entitled, or services greater than those to which he or she is entitled, with the intent to defeat the purposes of this chapter, is guilty of a gross misdemeanor.
2. For the purposes of subsection 1, if a recipient of services pursuant to the provisions of this chapter receives an overpayment for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the Bureau of a change in his or her circumstances which would affect the amount of services the person receives, a rebuttable presumption arises that the payment was fraudulently received.
CREDIT(S)
Added by Laws 1969, p. 483. Amended by Laws 1973, p. 1406; Laws 1975, p. 1009; Laws 1993, p. 1619; Laws 1999, p. 1159, eff. July 1, 2000.
426.805. Fraudulent misrepresentation of animal as service animal or service animal in training unlawful; penalty
1. It is unlawful for a person to fraudulently misrepresent an animal as a service animal or service animal in training.
2. A person convicted of fraudulently misrepresenting an animal as a service animal or service animal in training is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
Added by Laws 2005, c. 196, § 1.
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.
Added by Laws 2003, c. 473, § 4, eff. Oct. 1, 2003. Amended by Laws 2005, c. 196, § 10.
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.
Added by Laws 2003, c. 473, § 5, eff. Oct. 1, 2003. Amended by Laws 2005, c. 196, § 11.
Title 43. Public Safety; Vehicles; Watercraft. Chapter 484. Traffic Laws. Rules of the Road. Pedestrians.
484B.290. Right-of-way of person who is blind; penalty
A person who is blind and who is on foot and using a service animal or carrying a cane or walking stick white in color, or white tipped with red, has the right-of-way when entering or when on a highway, street or road of this State. Any driver of a vehicle who approaches or encounters such a person shall yield the right-of-way, come to a full stop, if necessary, and take precautions before proceeding to avoid a crash or injury to the person. A person who violates this section is guilty of a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive.
Credits
Added by Laws 1981, p. 669. Amended by Laws 1995, p. 1993; Laws 2005, c. 196, § 14. Substituted in 2009 revision for NRS 484.328. Amended by Laws 2015, c. 317, § 21, eff. Jan. 1, 2016; Laws 2021, c. 506, § 47.5, eff. Jan. 1, 2023.
Title 53. Labor and Industrial Relations. Chapter 613. Employment Practices. Equal Opportunities for Employment.
613.330. Unlawful employment practices: Discrimination on basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; interference with aid or appliance for disability; refusal to permit service animal at place of employment
1. Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer:
(a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to the person's compensation, terms, conditions or privileges of employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;
(b) To limit, segregate or classify an employee in a way which would deprive or tend to deprive the employee of employment opportunities or otherwise adversely affect his or her status as an employee, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; or
(c) Except as otherwise provided in subsection 7, to discriminate against any employee because the employee has inquired about, discussed or voluntarily disclosed his or her wages or the wages of another employee.
2. It is an unlawful employment practice for an employment agency:
(a) To fail or refuse to refer for employment, or otherwise to discriminate against, any person because of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person;
(b) To classify or refer for employment any person on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person; or
(c) Except as otherwise provided in subsection 7, to discriminate against any person because the person has inquired about, discussed or voluntarily disclosed his or her wages or the wages of another person.
3. It is an unlawful employment practice for a labor organization:
(a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;
(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive the person of employment opportunities, or would limit the person's employment opportunities or otherwise adversely affect the person's status as an employee or as an applicant for employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;
(c) Except as otherwise provided in subsection 7, to discriminate or take any other action prohibited by this section against any member thereof or any applicant for membership because the member or applicant has inquired about, discussed or voluntarily disclosed his or her wages or the wages of another member or applicant; or
(d) To cause or attempt to cause an employer to discriminate against any person in violation of this section.
4. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including, without limitation, on-the-job training programs, to discriminate against any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.
5. Except as otherwise provided in subsection 6, it is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against a person with a disability by interfering, directly or indirectly, with the use of an aid or appliance, including, without limitation, a service animal, by such a person.
6. It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a disability to keep the employee's service animal with him or her at all times in his or her place of employment, except that an employer may refuse to permit an employee to keep a service animal that is a miniature horse with him or her if the employer determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.
7. The provisions of paragraph (c) of subsection 1, paragraph (c) of subsection 2 and paragraph (c) of subsection 3, as applicable, do not apply to any person who has access to information about the wages of other persons as part of his or her essential job functions and discloses that information to a person who does not have access to that information unless the disclosure is ordered by the Labor Commissioner or a court of competent jurisdiction.
8. It is an unlawful employment practice for an appointing authority governed by the provisions of chapter 284 of NRS, the Administrator of the Division of Human Resource Management of the Department of Administration or the governing body of a county, incorporated city or unincorporated town to consider the criminal history of an applicant for employment without following the procedure required in section 2, 3, 5, 6 or 6.3 of this act, as applicable.
9. As used in this section, “service animal” has the meaning ascribed to it in NRS 426.097.
Credits
Added by Laws 1965, p. 691. Amended by Laws 1967, p. 108; Laws 1971, p. 1056; Laws 1973, pp. 981, 1497; Laws 1981, pp. 1300, 1920; Laws 1991, p. 1024; Laws 1995, p. 1993; Laws 1999, c. 410, § 7; Laws 2003, c. 473, § 12; Laws 2005, c. 196, § 16; Laws 2011, c. 112, § 7; Laws 2015, c. 63, § 3, eff. Oct. 1, 2015; Laws 2017, c. 324, § 3, eff. June 3, 2017; Laws 2017, c. 340, § 6.5, eff. Jan. 1, 2018.
Title 54. Professions, Occupations and Businesses. Chapter 651. Public Accommodations. Equal Enjoyment of Places of Public Accommodation.
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 service animal may not be presumed dangerous; exception for miniature horse under certain circumstances; person subject to same conditions and limitations as others; remedies
1. Except as otherwise provided in subsection 5 and NRS 644.472, it is unlawful for a place of public accommodation to:
(a) Refuse admittance or service to a person with a disability because the person is accompanied by a service animal.
(b) Refuse admittance or service to a person who is training a service animal because the person is accompanied by a service animal in training.
(c) Refuse to permit an employee of the place of public accommodation who is training a service animal to bring the service animal in training 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 the person 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 is accompanied by a service animal in training from liability for damage caused by the service animal or service animal in training.
(b) A person who is accompanied by a police dog from liability for damage caused by the police dog.
5. A place of public accommodation is not required to comply with the provisions of subsection 1 with regard to a service animal or service animal in training that is a miniature horse if the place of public accommodation determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.
6. 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.
7. Persons who are accompanied by police dogs are subject to the same conditions and limitations that apply to persons who are not so accompanied.
8. 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.
9. 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.
10. 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 or her 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.
Credits
Added by Laws 1969, p. 587. Amended by Laws 1971, p. 1058; Laws 1973, p. 1499; Laws 1981, p. 1921; Laws 1987, p. 824; Laws 1991, p. 1028; Laws 1995, p. 1996; Laws 1997, p. 74; Laws 1999, p. 2519; Laws 2003, c. 429, § 23, eff. July 1, 2003; Laws 2003, c. 473, § 13; Laws 2005, c. 196, § 18; Laws 2015, c. 63, § 4, eff. Oct. 1, 2015; Laws 2015, c. 151, § 64, eff. Oct. 1, 2015.
Title 58. Energy; Public Utilities and Similar Entities. Chapter 704. Regulation of Public Utilities Generally. General Standards and Practices.
704.145. Unlawful to refuse service of public transportation or charge additional fee or deposit to certain persons accompanied by service animal or service animal in training; exception; remedies
1. Except as otherwise provided in subsection 2, it is unlawful for a common carrier or other means of public conveyance or transportation operating in this State to:
(a) Refuse service to a person with a disability because the person is accompanied by a service animal;
(b) Refuse service to a person who is training a service animal because the person is accompanied by the service animal in training; or
(c) Charge an additional fee or a deposit for a service animal or service animal in training.
2. A common carrier or other means of public conveyance or transportation is not required to comply with the provisions of subsection 1 with regard to a service animal or service animal in training that is a miniature horse if it determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.
3. This section does not relieve a person with a disability who is accompanied by a service animal or a person who is accompanied by a service animal in training from liability for damage which may be caused by the service animal or service animal in training.
4. Persons with disabilities accompanied by service animals on common carriers or other means of public conveyance or transportation operating in this State are subject to the same conditions and limitations that apply to persons without disabilities who are not so accompanied.
5. A common carrier or other means of public conveyance or transportation operating in this State that violates any of the provisions 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.
6. 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.
7. As used in this section:
(a) “Service animal” has the meaning ascribed to it in NRS 426.097.
(b) “Service animal in training” has the meaning ascribed to it in NRS 426.099.
Credits
Added by Laws 1969, p. 587. Amended by Laws 1971, p. 1059; Laws 1973, p. 1499; Laws 1981, p. 1921; Laws 1987, p. 825; Laws 1995, p. 1996; Laws 1997, p. 76; Laws 2003, c. 429, § 25, eff. July 1, 2003; Laws 2003, c. 473, § 14, eff. Oct. 1, 2003; Laws 2005, c. 196, § 19; Laws 2015, c. 63, § 5, eff. Oct. 1, 2015.
Title 58. Energy; Public Utilities and Similar Entities. Chapter 706. Motor Carriers. Regulation and Licensing of Motor Carriers. Rates and Service.
706.366. Unlawful to refuse service of public transportation or charge additional fee or deposit to certain persons accompanied by service animal or service animal in training; remedies
1. Except as otherwise provided in subsection 2, it is unlawful for a common motor carrier of passengers or other means of public conveyance or transportation operating in this State to:
(a) Refuse service to a person with a disability because the person is accompanied by a service animal;
(b) Refuse service to a person who is training a service animal because the person is accompanied by the service animal in training; or
(c) Charge an additional fee or a deposit for a service animal or service animal in training.
2. A common motor carrier of passengers or other means of public conveyance or transportation is not required to comply with the provisions of subsection 1 with regard to a service animal or service animal in training that is a miniature horse if it determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.
3. This section does not relieve a person with a disability who is accompanied by a service animal or a person who is accompanied by a service animal in training from liability for damage which may be caused by the service animal or service animal in training.
4. Persons with disabilities accompanied by service animals on common motor carriers of passengers or other means of public conveyance or transportation operating in this State are subject to the same conditions and limitations that apply to persons without disabilities who are not so accompanied.
5. A common motor carrier of passengers or other means of public conveyance or transportation operating in this State that violates any of the provisions 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.
6. 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.
7. As used in this section:
(a) “Service animal” has the meaning ascribed to it in NRS 426.097.
(b) “Service animal in training” has the meaning ascribed to it in NRS 426.099.
Credits
Added by Laws 1971, p. 700. Amended by Laws 1971, p. 946; Laws 1973, p. 1500; Laws 1981, p. 1922; Laws 1987, p. 825; Laws 1995, p. 1997; Laws 1997, p. 76; Laws 2003, c. 429, § 26, eff. July 1, 2003; Laws 2003, c. 473, § 15, eff. Oct. 1, 2003; Laws 2005, c. 196, § 20; Laws 2015, c. 63, § 6, eff. Oct. 1, 2015.