[NFBMT] Montana Guide Dog Laws

Thu Aug 24 04:15:47 UTC 2017

Consolidated Assistance Animal/Guide Dog Laws

*         Primary Citation:  MCA 49-4-202 to 49-4-217; 61-8-516

*         Country of Origin:
<https://www.animallaw.info/countries/united-states> United States

*         Last Checked:  December, 2016

<https://www.animallaw.info/statute/mt-assistance-animal-assistance-animalgui
de-dog-laws> more +

Summary:

The following statutes comprise the state's relevant assistance animal and
guide dog laws.

Statute Text

MONTANA CODE ANNOTATED. TITLE 49. HUMAN RIGHTS. CHAPTER 4. RIGHTS OF PERSONS
WITH DISABILITIES. PART 2. RIGHTS OF THE PHYSICALLY DISABLED.

49-4-201. Repealed by Laws 1983, ch. 239, § 11

<https://www.animallaw.info/statute/mt-assistance-animal-assistance-animalgui
de-dog-laws#s202> 49-4-202 . Policy of the state

<https://www.animallaw.info/statute/mt-assistance-animal-assistance-animalgui
de-dog-laws#s203> 49-4-203 . Definitions

49-4-204 through 49-4-210 reserved.

<https://www.animallaw.info/statute/mt-assistance-animal-assistance-animalgui
de-dog-laws#s211> 49-4-211 . Right to use public places and accommodations

<https://www.animallaw.info/statute/mt-assistance-animal-assistance-animalgui
de-dog-laws#s212> 49-4-212 . Access to housing accommodations

<https://www.animallaw.info/statute/mt-assistance-animal-assistance-animalgui
de-dog-laws#s213> 49-4-213 . Use of white or metallic-colored canes
restricted to the blind

<https://www.animallaw.info/statute/mt-assistance-animal-assistance-animalgui
de-dog-laws#s214> 49-4-214 . Right to be accompanied by service animal --
identification for service animals in training

<https://www.animallaw.info/statute/mt-assistance-animal-assistance-animalgui
de-dog-laws#s215> 49-4-215 . Penalty for violating rights

<https://www.animallaw.info/statute/mt-assistance-animal-assistance-animalgui
de-dog-laws#s216> 49-4-216 . Duty and civil liability of pedestrian or driver
approaching blind person

<https://www.animallaw.info/statute/mt-assistance-animal-assistance-animalgui
de-dog-laws#s217> 49-4-217 . Penalty for violation of duty or unauthorized
use of cane

TITLE 61. MOTOR VEHICLES. CHAPTER 8. TRAFFIC REGULATION. PART 5. PEDESTRIAN
TRAFFIC.

<https://www.animallaw.info/statute/mt-assistance-animal-assistance-animalgui
de-dog-laws#s516> 61-8-516 . Operator of vehicle to yield to blind pedestrian

TITLE 49. HUMAN RIGHTS. CHAPTER 4. RIGHTS OF PERSONS WITH DISABILITIES. PART
2. RIGHTS OF THE PHYSICALLY DISABLED.

49-4-201. Repealed by Laws 1983, ch. 239, § 11

49-4-202. Policy of the state

    It is the policy of the state to encourage and enable the blind, the
visually impaired, the deaf, and the otherwise physically disabled to
participate fully in the social and economic life of the state and to engage
in remunerative employment. The blind, the visually impaired, the deaf, and
the otherwise physically disabled must be employed in the state service, the
service of the political subdivisions of the state, the public schools, and
all other employment supported in whole or in part by public funds on the
same terms and conditions as the able-bodied, unless it is shown that the
particular disability prevents the performance of the work involved.

History: En. Sec. 2, Ch. 181, L. 1971; R.C.M. 1947, 71-1304; amd. Sec. 1, Ch.
176, L. 1981; amd. Sec. 21, Ch. 407, L. 1993.

49-4-203. Definitions

    (1) "Housing accommodation" means any real property or portion of real
property that is used or occupied or is intended, arranged, or designed to be
used or occupied as the home, residence, or sleeping place of one or more
human beings. The term does not include any single-family residence the
occupants of which furnish for compensation not more than one room within the
residence.

    (2) "Service animal" means a dog or other animal individually trained to
provide assistance to an individual with a disability.

History: En. 71-1305.1 by Sec. 5, Ch. 266, L. 1975; amd. Sec. 2, Ch. 35, L.
1977; R.C.M. 1947, 71-1305.1(2); amd. Sec. 1, Ch. 394, L. 1997.

49-4-211. Right to use public places and accommodations

    (1) The blind, the visually impaired, and the deaf have the same right as
the able-bodied to the full and free use of the streets, highways, sidewalks,
walkways, public buildings, public facilities, and other public places.

    (2) The blind, the visually impaired, and the deaf are entitled to full
and equal accommodations, advantages, facilities, and privileges of all
common carriers, as defined in 69-11-101, and all public accommodations, as
defined in 49-2-101, subject only to the conditions and limitations
established by law and applicable alike to all persons.

History: En. Sec. 3, Ch. 181, L. 1971; amd. Sec. 1, Ch. 266, L. 1975; R.C.M.
1947, 71-1305(2), (3); amd. Sec. 22, Ch. 177, L. 1979; amd. Sec. 2, Ch. 176,
L. 1981; amd. Sec. 22, Ch. 407, L. 1993.

49-4-212. Access to housing accommodations

    Blind, visually impaired, and deaf persons are entitled to as full and
equal access as other members of the general public to any housing
accommodation offered for compensation in this state.

History: En. 71-1305.1 by Sec. 5, Ch. 266, L. 1975; amd. Sec. 2, Ch. 35, L.
1977; R.C.M. 1947, 71-1305.1(1), (3); amd. Sec. 3, Ch. 176, L. 1981; amd.
Sec. 10, Ch. 801, L. 1991; amd. Sec. 23, Ch. 407, L. 1993.

49-4-213. Use of white or metallic-colored canes restricted to the blind

    No person, except those wholly or partially blind, shall carry or use on
any street or highway or in any other public place a cane or walking stick
which is white or metallic in color or white or metallic tipped with red.

History: En. Sec. 3, Ch. 181, L. 1971; amd. Sec. 1, Ch. 266, L. 1975; R.C.M.
1947, 71-1305(1).

49-4-214. Right to be accompanied by service animal -- identification for
service animals in training

    (1) A person with a disability has the right to be accompanied by a
service animal or a service animal in training with identification complying
with subsection (4) in any of the places mentioned in 49-4-211(2) without
being charged extra for the service animal. The person with a disability is
liable for any damage done to the property by the animal.

    (2) A person with a disability who has a service animal or who obtains a
service animal is entitled to full and equal access to all housing
accommodations as provided in 49-2-305 and 49-4-212. The person with a
disability may not be required to pay extra compensation for the service
animal but is liable for any damage done to the premises by the service
animal.

    (3) A person who is training a service animal is entitled to the same
rights and assumes the same responsibilities granted to a person with a
disability in this section.

    (4) For the purposes of this section, a service animal in training that
is a dog shall wear a leash, collar, cape, harness, or backpack that
identifies in writing that the dog is a service animal in training. Other
service animals in training must also be identifiable by written
identification as a service animal in training. The written identification
for service animals in training must be visible and legible from a distance
of at least 20 feet.

History: En. Sec. 4, Ch. 181, L. 1971; amd. Sec. 2, Ch. 266, L. 1975; R.C.M.
1947, 71-1306; amd. Sec. 23, Ch. 177, L. 1979; amd. Sec. 4, Ch. 176, L. 1981;
amd. Sec. 2, Ch. 394, L. 1997.

NOTES, REFERENCES, AND ANNOTATIONS

Compiler's Comments

    1997 Amendment: Chapter 394 in (1) and (2), in five places, substituted
"service animal" for "guide or hearing dog"; in (1) and (2), at beginning,
substituted "A person with a disability" for "Every totally or partially
blind or deaf person"; in (1), near middle of first sentence, substituted "or
a service animal in training with identification complying with subsection
(4)" for "especially trained for the purpose" and near end of second sentence
substituted "property" for "premises or facility" and at end substituted
"animal" for "dog"; inserted (3) concerning rights and responsibilities of
person training service animal; inserted (4) requiring service animal in
training to wear written identification; and made minor changes in style.

    1981 Amendment: Inserted "or deaf" after "blind" near the beginning of
(1) and (2); inserted "or hearing" between "guide" and "dog" throughout.

49-4-215. Penalty for violating rights

    Any person, firm, or corporation or the agent of any person, firm, or
corporation who denies or interferes with admittance to or enjoyment of the
public facilities enumerated in 49-4-211 or otherwise interferes with the
rights of a totally or partially blind, deaf, or otherwise disabled person
under 49-4-211 is guilty of a misdemeanor.

History: En. Sec. 4, Ch. 266, L. 1975; R.C.M. 1947, 71-1309; amd. Sec. 5, Ch.
176, L. 1981.

49-4-216. Duty and civil liability of pedestrian or driver approaching blind
person

    (1) A pedestrian who is not totally or partially blind or a driver of a
vehicle who approaches or comes in contact with a person who is totally or
partially blind and is carrying a cane or walking stick predominately white
or metallic in color or white tipped with red or is being led by a trained
guide dog wearing a harness and walking on either side of or slightly in
front of such blind person shall immediately come to a full stop and take
such precautions before proceeding as may be necessary to avoid accident or
injury to such blind person.

    (2) A driver or pedestrian who fails to take such precautions is liable
in damages for any injury caused the totally or partially blind person. A
totally or partially blind pedestrian who is not carrying such a cane or
using a guide dog in any of the places listed in 49-4-211 has all of the
rights and privileges conferred by law upon other persons, and the failure of
such a pedestrian to carry such a cane or to use a guide dog in any such
place may not be held to constitute or be evidence of contributory
negligence.

History: En. Sec. 5, Ch. 181, L. 1971; amd. Sec. 3, Ch. 266, L. 1975; R.C.M.
1947, 71-1307; amd. Sec. 24, Ch. 177, L. 1979.

49-4-217. Penalty for violation of duty or unauthorized use of cane

    Any person other than a person wholly or partially blind who shall carry
a cane or walking stick such as is described in this part, contrary to the
provisions of this part, or who shall fail to heed the approach of a person
carrying such a cane as is described by this part or who shall fail to come
to a full stop when approaching or coming in contact with a person so
carrying such a cane or walking stick or being led by a trained guide dog or
who shall fail to take precaution against accidents or injury to such person
after coming to a stop, as provided for herein, is guilty of a misdemeanor
punishable by a fine not to exceed $25.

History: En. Sec. 6, Ch. 181, L. 1971; R.C.M. 1947, 71-1308.

TITLE 61. MOTOR VEHICLES. CHAPTER 8. TRAFFIC REGULATION. PART 5. PEDESTRIAN
TRAFFIC.

61-8-516. Operator of vehicle to yield to blind pedestrian

    On a way of the state open to the public, the operator of a vehicle shall
yield the right-of-way to a blind pedestrian who is carrying a visible white
cane or who is accompanied by a guide dog.

History: En. Sec. 9, Ch. 374, L. 2003.

Joy Breslauer, President

National Federation of the Blind of Montana 

Web Site: http://www.nfbofmt.org <http://www.nfbofmt.org/> 

Live the life you want

The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise the
expectations of blind people, because low expectations create obstacles
between blind people and our dreams. You can live the life you want;
blindness is not what holds you back.