§ 90.045. SERVICE DOGS.

(A) A person commits the offense of violation on a service dog when the person intentionally injures, harasses or threatens to injure or harass or attempts to intentionally injure, harass or threaten a dog that the person knows or has reason to believe is a guide dog for a blind or visually impaired person, a hearing aid dog for a deaf or hearing-impaired person or a service dog for a physically limited person.

(B) A person commits the offense of interference with a service dog when the person intentionally impedes, interferes or threatens to impede or interfere or attempts to intentionally impede, interfere or threaten to impede or interfere with a dog that the person knows or has reason to believe is a guide dog for a blind or visually impaired person, a hearing aid dog for a deaf or hearing-impaired person or a service dog for a physically limited person.

(C) Evidence that the defendant initiated or continued conduct toward a dog as described in divisions (A) or (B) of this section after being requested to avoid or discontinue the conduct by the blind, visually impaired, deaf, hearing-impaired or physically limited person being served or assisted by the dog shall create a rebuttable presumption that the conduct of the defendant was initiated or continued intentionally.

(D) For purposes of this section, the following terms shall have and be given the following meanings.

BLIND PERSON. A person with totally impaired vision, with or without correction, which is so severely impaired that the primary means of the receiving information is through other sensory input, including, but not limited to braille, mechanical reproduction, synthesized speech or readers.

DEAF PERSON. A person with totally impaired hearing or with hearing, with or without amplification, which is so severely 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.

HEARING-IMPAIRED PERSON. A person who is unable to hear air conduction thresholds at an average of 40 decibels or greater in the person’s better ear.

PHYSICALLY LIMITED PERSON. A person having limited ambulatory abilities, including, but not limited to having a permanent impairment or condition that requires the person to use a wheelchair or to walk with difficulty or insecurity to the extent that the person is insecure or exposed to danger.

VISUALLY IMPAIRED PERSON. A person having a visual acuity of 20/20 or less in the person’s better eye with correction or having a limitation to the person’s field of vision so that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees.

(E) Violence on a service dog and interference with a service dog are crimes punishable by a fine of up to $500.

(F) Every guide dog, hearing aid dog and service dog shall be licensed as required by local ordinances or resolutions, but no license fee shall be charged upon a showing by the owner that the dog is a graduate of a recognized training school for guide dogs, hearing aid dogs or service dogs. Upon the retirement or discontinuance of the dog as a guide dog, hearing aid dog or service dog, the owner of the dog shall be liable for the payment of a license fee as prescribed by local ordinances or resolutions.

(‘63 Code, § 6-2-40) (Ord. 98-24, passed 7-6-98) Penalty, see § 90.999

Cross-reference:

Cruelty to animals, see § 90.036

License fee, see § 90.017

Statutory reference:

Exemption from license tax, see Neb. RS 54-603