49-4-222. Misrepresentation of a service animal — misdemeanor — penalty. (1) A person who misrepresents a service animal as provided in 49-4-221 may be found guilty of a misdemeanor if:

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Terms Used In Montana Code 49-4-222

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(a)the person was previously given a written warning regarding the fact that it is illegal to intentionally misrepresent a service animal; and

(b)the person continued to misrepresent the animal as a service animal in order to gain any of the rights or privileges afforded to a service animal.

(2)A person who violates subsection (1) shall be punished as follows:

(a)for a first offense, a fine of $50;

(b)for a second offense, a fine of not less than $75 or more than $200; and

(c)for a third or subsequent offense, a fine of not less than $100 or more than $1,000.

(3)In addition to the penalty provided in subsection (2), a person convicted of the offense of misrepresentation of a service animal under subsection (1) may be required to perform community service for an organization that advocates on the behalf of persons with disabilities.