(a) A person commits the offense of interference with the training of a service animal if the person intentionally prevents or restricts a person who is authorized to train a service animal from being accompanied by an animal that is identified as being in training to be a service animal, or assesses an extra charge because of the animal, in a public facility, except as provided in (b) and (c) of this section.
(b) A trainer who is accompanied by an animal in training to be a service animal in a public facility is liable for property damage done by the animal.
(c) It is an affirmative defense to a prosecution under this section that
(1) the person accompanied by the animal in training to be a service animal did not, when requested by the defendant, give reasonable evidence of being a person authorized to train service animals; or
(2) the defendant prevented entry into the facility or caused the trainer and the animal to leave or be removed from the facility based on unruly or disruptive conduct of the animal that created
(A) a substantial risk of imminent physical injury to a person other than the trainer; or
(B) an atmosphere that made regular activities by other persons in the facility substantially more difficult than usual.
(d) In this section,
(1) "authorized" means employed by, or serving as a volunteer with, a school, agency, or other facility that trains service animals;
(2) "identified as being in training" means wearing a device or exhibiting an insignia approved by a school, agency, or other facility that trains service animals that identifies the animal as being in training to be a service animal;
(3) "in training to be a service animal" means being in the pre-training or training period as required under a program administered through a school, agency, or other training facility for service animals whose goal is to certify the animal as being able to assist physically or mentally challenged persons;
(4) "public facility" means a capital improvement owned, operated, or occupied by, or a mode of transportation owned or operated by, the state, a public corporation of the state, the University of Alaska, a political subdivision of the state, or a regional educational attendance area.
(e) Interference with the training of a service animal is a violation.
Section: Previous 11.76.100 11.76.105 11.76.106 11.76.107 11.76.109 11.76.110 11.76.113 11.76.115 11.76.120 11.76.130 11.76.133 11.76.140 NextLast modified: November 15, 2016