[NFBMT] Montana Guide Dog Laws

Thu Aug 24 18:06:56 UTC 2017

All of this stuff just goes way over my head.
I just ignore it.
Way to much information of nothing.
Get down to the point or you don't have a point.
This is with any of the laws.
We are either et in or let out.
Way to sad to think that in where we are today we will still have to 
fight our way in working a guide dog.
We will never be able to stop folks beeing foolish.

Original message:

> 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 Repealed by Laws 1983, ch. 239, § 11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.

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