Washington Code 49.60.214 – Misrepresentation of an animal as a service animal — Civil infraction — Investigation and enforcement — Miniature horse
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(1) It shall be a civil infraction under chapter 7.80 RCW for any person to misrepresent an animal as a service animal. A violation of this section occurs when a person:
Terms Used In Washington Code 49.60.214
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(a) Expressly or impliedly represents that an animal is a service animal as defined in RCW 49.60.040 for the purpose of securing the rights or privileges afforded disabled persons accompanied by service animals set forth in state or federal law; and
(b) Knew or should have known that the animal in question did not meet the definition of a service animal.
(2)(a) An enforcement officer as defined under RCW 7.80.040 may investigate and enforce this section by making an inquiry of the person accompanied by the animal in question and issuing a civil infraction. Refusal to answer the questions allowable under (b) of this subsection shall create a presumption that the animal is not a service animal and the enforcement officer may issue a civil infraction and require the person to remove the animal from the place of public accommodation.
(b) An enforcement officer or place of public accommodation shall not ask about the nature or extent of a person’s disability, but may make two inquiries to determine whether an animal qualifies as a service animal. An enforcement officer or place of public accommodation may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. An enforcement officer or place of public accommodation shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, or require that the service animal demonstrate its task. Generally, an enforcement officer or place of public accommodation may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for a person with a disability, such as a dog is observed guiding a person who is blind or has low vision, pulling a person’s wheelchair, or providing assistance with stability or balance to a person with an observable mobility disability.
(3) A place of public accommodation shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability in accordance with *RCW 49.60.040(24) if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a facility, a place of public accommodation shall act in accordance with all applicable laws and regulations.
[ 2018 c 176 § 4.]
NOTES:
Declaration—Finding—Purpose—Effective date—2018 c 176: See notes following RCW 49.60.215.