West's Utah Code Annotated.
Title 10. Utah Municipal Code. Chapter 8. Powers and Duties of Municipalities. Part 1. General Powers
§ 10-8-65. Regulation of dogs--Service animals permitted
Title 17. Counties. Chapter 50. General Provisions for Counties. Part 3. County Powers
§ 17-50-336. Service animals permitted
Title 18. Dogs. Chapter 1. Injuries by Dogs.
§ 18-1-3 . Dogs attacking domestic animals, service animals, hoofed protected wildlife, or domestic fowls
Title 41. Motor Vehicles. Chapter 6A. Traffic Code. Part 10. Pedestrians' Rights and Duties.
§ 41-6a-1007 . Operators to yield right-of-way to blind pedestrian--Duties of blind pedestrian--Use of cane--Failure to yield--Liability
Title 53g. Public Education System--Local Administration. Chapter 9. Health and Welfare. Part 2. Miscellaneous Requirements
§ 53G-9-211. Therapy animal handling--Policy
Title 26b. Utah Health and Human Services Code. Chapter 6. Long Term Services and Supports, Aging, and Disabilities. Part 8. Rights and Privileges of Minors and Individuals with a Disability
§ 26B-6-801. Definitions
§ 26B-6-802. Rights and privileges of an individual with a disability
§ 26B-6-803. Right to be accompanied by service animal or support animal--Security deposits--Discrimination--Liability
§ 26B-6-804. Policy of state to employ individuals with a disability
§ 26B-6-805. Interference with rights provided in this part--Misrepresentation of rights under this part
Title 76. Utah Criminal Code. Chapter 9. Offenses Against Public Order and Decency. Part 3. Cruelty to Animals
§ 76-9-307 . Injury to service animals--Penalties
Title 78B. Judicial Code. Chapter 3. Actions and Venue. Part 7. Damages Regarding Injury to or Theft of Assistance Animal
§ 78B-3-701 . Definitions
§ 78B-3-702 . Damages recoverable for harm to or theft of service animal
§ 78B-3-703 . Limitation on cause of action
West's Utah Code Annotated. Title 10. Utah Municipal Code. Chapter 8. Powers and Duties of Municipalities. Part 1. General Powers
§ 10-8-65. Regulation of dogs--Service animals permitted
(1) Subject to Section 18-2-101, a municipality may:
(a) license, tax, regulate, or prohibit the keeping of dogs; and
(b) authorize the destruction, sale, or other disposal of a dog if the dog is at large contrary to ordinance.
(2)(a) As used in this Subsection (2):
(i) “Retired service animal” means a dog that:
(A) at one time was a service animal for the current owner; and
(B) no longer provides service animal services for the owner because of the dog's age or other factors limiting the dog's service capability.
(ii) “Service animal” means a dog that:
(A) is used by a law enforcement agency;
(B) is specially trained or is in training for law enforcement work; and
(C) assists a law enforcement agency in the performance of law enforcement duties.
(b) If a municipality adopts a limit as to the number of dogs a person may keep, the municipality shall allow a person to keep a service animal, a retired service animal, or both in addition to that limit.
Credits
Laws 1911, c. 120, § 1; Laws 1915, c. 100, § 1; Laws 1967, c. 23, § 1; Laws 2014, c. 28, § 1, eff. May 13, 2014; Laws 2014, c. 424, § 1, eff. Jan. 1, 2015; Laws 2023, c. 419, § 1, eff. May 3, 2023.
Codifications R.S. 1898, § 206, subd. 69; C.L. 1907, § 206, subd. 69; C.L. 1917, § 570x68; R.S. 1933, § 15-8-65; C. 1943, § 15-8-65.
Title 17. Counties. Chapter 50. General Provisions for Counties. Part 3. County Powers
§ 17-50-336. Service animals permitted
(1) As used in this section:
(a) “Retired service animal” means a dog that:
(i) at one time was a service animal for the current owner; and
(ii) no longer provides service animal services to the owner because of the dog's age or other factors limiting the dog's service capability.
(b) “Service animal” means the same as that term is defined in Section 18-8-65.
(2) If a county adopts a limit as to the number of dogs a person may keep, the county shall allow a person to keep a service animal, a retired service animal, or both in addition to that limit.
Credits
Laws 2014, c. 28, § 2, eff. May 13, 2014; Laws 2023, c. 419, § 2, eff. May 3, 2023.
Title 26b. Utah Health and Human Services Code. Chapter 6. Long Term Services and Supports, Aging, and Disabilities. Part 8. Rights and Privileges of Minors and Individuals with a Disability.
As used in this part:
(1) “Disability” has the same meaning as defined in 42 U.S.C. Sec. 12102 of the Americans With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R. Sec. 36.104 of the Code of Federal Regulations, as may be amended in the future.
(2) “Informed consent” means consent that is voluntary and based on an understanding by the person to be sterilized of the nature and consequences of sterilization, the reasonably foreseeable risks and benefits of sterilization, and the available alternative methods of contraception.
(3) “Institutionalized” means residing in the Utah State Developmental Center, the Utah State Hospital, a residential facility for persons with a disability as defined in Sections 10-9a-103 and 17-27a-103, a group home for persons with a disability, a nursing home, or a foster care home or facility.
(4)(a) “Service animal” includes any dog that:
(i) is trained, or is in training, to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and
(ii) performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual's disability, including:
(A) assisting an individual who is blind or has low vision with navigation or other tasks;
(B) alerting an individual who is deaf or hard of hearing to the presence of people or sounds;
(C) providing non-violent protection or rescue work;
(D) pulling a wheelchair;
(E) assisting an individual during a seizure;
(F) alerting an individual to the presence of an allergen;
(G) retrieving an item for the individual;
(H) providing physical support and assistance with balance and stability; or
(I) helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors.
(b) “Service animal” does not include:
(i) an animal other than a dog, whether wild or domestic, trained or untrained; or
(ii) an animal used solely to provide:
(A) a crime deterrent;
(B) emotional support;
(C) well-being;
(D) comfort; or
(E) companionship.
(5) “Sterilization” means any medical procedure, treatment, or operation rendering an individual permanently incapable of procreation.
(6) “Support animal” means an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law for an individual with a disability.
Credits
Laws 2023, c. 308, § 203, eff. May 3, 2023.
§ 26B-6-802. Rights and privileges of an individual with a disability
(1) An individual with a disability has the same rights and privileges in the use of highways, streets, sidewalks, walkways, public buildings, public facilities, and other public areas as an individual who is not an individual with a disability.
(2) An individual with a disability has equal rights to accommodations, advantages, and facilities offered by common carriers, including air carriers, railroad carriers, motor buses, motor vehicles, water carriers, and all other modes of public conveyance in this state.
(3) An individual with a disability has equal rights to accommodations, advantages, and facilities offered by hotels, motels, lodges, and all other places of public accommodation in this state, and to places of amusement or resort to which the public is invited.
(4)(a) An individual with a disability has equal rights and access to public and private housing accommodations offered for rent, lease, or other compensation in this state.
(b) This chapter does not require a person renting, leasing, or selling private housing or real property to modify the housing or property in order to accommodate an individual with a disability or to provide a higher degree of care for that individual than for someone who is not an individual with a disability.
(c) A person renting, leasing, or selling private housing or real property to an individual with a disability shall comply with the provisions of Section 26B-6-803.
Credits
Laws 2023, c. 308, § 204, eff. May 3, 2023.
§ 26B-6-803. Right to be accompanied by service animal or support animal--Security deposits--Discrimination--Liability
(1)(a) An individual with a disability has the right to be accompanied by a service animal, unless the service animal is a danger or nuisance to others as interpreted under the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102:
(i) in any of the places specified in Section 26B-6-802; and
(ii) without additional charge for the service animal.
(b) An owner or lessor of private housing accommodations:
(i) may not, in any manner, discriminate against an individual with a disability on the basis of the individual's possession of a service animal or a support animal, including by charging an extra fee or deposit for a service animal or a support animal; and
(ii) may recover a reasonable cost to repair damage caused by a service animal or a support animal.
(2) An individual who is not an individual with a disability has the right to be accompanied by an animal that is in training to become a service animal, as defined in Section 10-8-65:
(a) in any of the places specified in Section 26B-6-802; and
(b) without additional charge for the animal.
(3) An individual described in Subsection (1) or (2) is liable for any loss or damage the individual's accompanying service animal, support animal, or animal described in Subsection (2) causes or inflicts to the premises of a place specified in Section 26B-6-802.
(4) Nothing in this section prohibits the exclusion, as permitted under federal law, of a service animal or a support animal from a place described in Section 26B-6-802.
Credits
Laws 2023, c. 308, § 205, eff. May 3, 2023.
§ 26B-6-804. Policy of state to employ individuals with a disability
It is the policy of this state that an individual with a disability is employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as an individual who is not an individual with a disability, unless it is shown that the particular disability prevents the performance of the work involved.
Credits
Laws 2023, c. 308, § 206, eff. May 3, 2023.
§ 26B-6-805. Interference with rights provided in this part--Misrepresentation of rights under this part
(1) Any individual, or agent of any individual, who denies or interferes with the rights provided in this chapter is guilty of a class C misdemeanor.
(2) An individual is guilty of a class C misdemeanor if:
(a) the individual intentionally and knowingly falsely represents to another person that an animal is a service animal or a support animal;
(b) the individual knowingly and intentionally misrepresents a material fact to a health care provider for the purpose of obtaining documentation from the health care provider necessary to designate an animal as a service animal or a support animal; or
(c) the individual, except for an individual with a disability, uses an animal to gain treatment or benefits only provided for an individual with a disability.
(3) This section does not affect the enforceability of any criminal law, including Subsection 76-6-501(2).
(4) An agent of a protection and advocacy agency, acting in the agent's professional capacity and in compliance with 29 U.S.C. Sec. 794e et seq., 42 U.S.C. Sec. 15041 et seq., and 42 U.S.C. Sec. 1801 et seq., is not criminally liable under Subsection (2).
Credits
Laws 2023, c. 308, § 207, eff. May 3, 2023.
Title 41. Motor Vehicles. Chapter 6A. Traffic Code. Part 10. Pedestrians' Rights and Duties.
§ 41-6a-1007. Operators to yield right-of-way to blind pedestrian--Duties of blind pedestrian--Use of cane--Failure to yield--Liability
(1)(a) The operator of a vehicle shall yield the right-of-way to a blind or visually impaired pedestrian:
(i) carrying a clearly visible white cane; or
(ii) accompanied by a guide dog specially trained for that purpose and equipped with a harness.
(b)(i) Except as provided in Subsection (1)(b)(ii), a person who fails to yield the right-of-way is liable for any loss or damage which results as a proximate cause of the failure to yield the right-of-way to blind or visually impaired persons.
(ii) Blind or visually impaired persons shall:
(A) exercise due care in approaching and crossing roadways; and
(B) yield the right-of-way to authorized emergency vehicles giving an audible warning signal.
(2) A pedestrian other than a blind or visually impaired person may not carry a cane as described in Subsection (1).
Laws 2005, c. 2, § 125, eff. Feb. 2, 2005.
Title 18. Dogs. Chapter 1. Injuries by Dogs.
§ 18-1-3. Dogs attacking domestic animals, service animals, hoofed protected wildlife, or domestic fowls
Any person may injure or kill a dog while:
(1) the dog is attacking, chasing, or worrying:
(a) a domestic animal having a commercial value;
(b) a service animal, as defined in Section 26B-6-801; or
(c) any species of hoofed protected wildlife;
(2) the dog is attacking domestic fowls; or
(3) the dog is being pursued for committing an act described in Subsection (1) or (2).
Credits
Laws 1933, c. 17, § 1; Laws 1973, c. 27, § 1; Laws 2000, c. 302, § 1, eff. May 1, 2000; Laws 2007, c. 22, § 1, eff. April 30, 2007; Laws 2023, c. 327, § 62, eff. May 3, 2023.
Codifications C. 1943, § 24-0-3.
Title 76. Utah Criminal Code. Chapter 9. Offenses Against Public Order and Decency. Part 3. Cruelty to Animals
§ 76-9-307. Injury to service animals--Penalties
Laws 2000, c. 302, § 2, eff. May 1, 2000; Laws 2007, c. 22, § 9, eff. April 30, 2007; Laws 2009, c. 110, § 3, eff. May 12, 2009; Laws 2023, c. 330, § 55, eff. May 3, 2023.
West's Utah Code Annotated. Title 78B. Judicial Code. Chapter 3. Actions and Venue. Part 7. Damages Regarding Injury to or Theft of Assistance Animal
As used in this part:
(1) “Disability” has the same meaning as defined in Section 26B-6-801.
(2) “Search and rescue dog” means a dog:
(a) with documented training to locate persons who are:
(i) lost, missing, or injured; or
(ii) trapped under debris as the result of a natural or man-made event; and
(b) affiliated with an established search and rescue dog organization.
(3) “Service animal” means:
(a) a service animal, as defined in Section 26B-6-801; or
(b) a search and rescue dog.
Credits
Laws 2008, c. 3, § 735, eff. Feb. 7, 2008; Laws 2009, c. 110, § 4, eff. May 12, 2009; Laws 2023, c. 330, § 91, eff. May 3, 2023.
§ 78B-3-702. Damages recoverable for harm to or theft of service animal
(1) A person with a disability who uses a service animal, or the owner of a service animal has a cause of action for economic and noneconomic damages against:
(a) any person who steals or, without provocation, attacks the service animal; and
(b) the owner or keeper of any animal that without provocation attacks a service animal due to the owner's or keeper's negligent failure to exercise sufficient control over the animal to prevent the attack.
(2) The action authorized by this section maybe brought by a person with a disability who uses the service animal, or the owner of the service animal.
(3) The measure of economic damages in an action brought under Subsection (1) regarding a service animal that is not returned or is killed or injured due to an unprovoked attack so that the service animal is unable to function again as a service animal includes:
(a) the replacement value of an equally trained service animal, without any differentiation for the age or experience of the animal; and
(b) costs and expenses incurred by the person with a disability or the owner, including:
(i) costs of temporary replacement assistance services, whether provided by another service animal or by a person;
(ii) reasonable costs incurred in efforts to recover a stolen service animal; and
(iii) court and attorney costs incurred in bringing an action under this section.
(4) If the unprovoked attack on a service animal results in injuries from which the animal recovers so it is able to again function as a service animal for the person with a disability, or if the theft of the service animal results in the recovery of the service animal and the animal is again able to function as a service animal for the person with a disability, the measure of economic damages is the costs and expenses incurred by the person with a disability or the owner as a result of the theft of or injury to the service animal, and includes:
(a) veterinary medical expenses;
(b) costs of temporary replacement assistance services, whether provided by another service animal or a person;
(c) costs incurred in recovering the service animal, such as a reward; and
(d) court and attorney costs incurred in bringing an action under this section.
CREDIT(S)
Laws 2008, c. 3, § 736, eff. Feb. 7, 2008.
§ 78B-3-703. Limitation on cause of action
A cause of action does not exist under this section if the person with a disability who uses the service animal or the person having custody or supervision of the service animal was committing a civil or criminal trespass at the time of the:
(1) theft of, or the chasing or harassment of the service animal by a person who owns or exercises control over the property upon which the trespass is committed; or
(2) attack upon, or the chasing or harassment of a service animal by an animal that is currently kept or maintained on the property where the trespass is committed.
CREDIT(S)
Laws 2008, c. 3, § 737, eff. Feb. 7, 2008.
West's Utah Code Annotated. Title 53g. Public Education System--Local Administration. Chapter 9. Health and Welfare. Part 2. Miscellaneous Requirements
§ 53G-9-211. Therapy animal handling--Policy
(1) As used in this section:
(a) “Animal-assisted intervention” means an intervention designed to promote improvement in an individual's physical, social, emotional, or cognitive functioning through interactions with a specially trained animal.
(b) “Local education agency” means a school district or charter school.
(c)(i) “Therapy animal” means an animal that:
(A) provides affection and comfort to an individual for emotional support;
(B) is accompanied by a therapy animal handler; and
(C) is trained to provide animal-assisted intervention.
(ii) “Therapy animal” does not include a service animal or support animal as those terms are defined in Section 26B-6-801.
(d) “Therapy animal handler” means an individual who is trained to handle a therapy animal for animal-assisted interventions.
(2)(a) If a school within a local education agency provides animal-assisted interventions through therapy animals, the local education agency shall adopt a policy for proper handling of a therapy animal on school grounds.
(b) The policy described in Subsection (2)(a) shall include:
(i) local or national certification or registration requirements for a therapy animal and therapy animal handler;
(ii) guidelines for when a therapy animal and therapy animal handler are allowed on school grounds;
(iii) notice requirements for parents, students, and school faculty and staff regarding the use of a therapy animal on school grounds; and
(iv) guidelines to prevent students and staff who have an animal allergy or are uncomfortable around animals from interacting with a therapy animal on school grounds.
(3) This section does not require a school to allow the use of a therapy animal.
Credits
Laws 2021, c. 309, § 1, eff. May 5, 2021; Laws 2023, c. 328, § 108, eff. May 3, 2023.