Guide Dogs, Signal Dogs,and Service Dogs - - CA Food And Agriculture Code

Section § 30850

This law requires the animal control department to give an identification tag to assistance dogs, which include guide dogs, signal dogs, and service dogs. When someone applies for such a tag, they must sign a form acknowledging it's illegal to falsely claim to be an owner or trainer of a service dog, and violations can lead to jail time, fines, or both. If an assistance dog dies or retires, the tag must be returned to the department immediately.

(a) The animal control department shall endorse upon the application for an assistance dog identification tag the number of the identification tag issued. As used in this chapter, “assistance dogs” are dogs specially trained as guide dogs, signal dogs, or service dogs. All applications that have been endorsed shall be kept on file in the office of the animal control department and shall be open to public inspection.

(b) Whenever a person applies for an assistance dog identification tag, the person shall sign an affidavit stating as follows:

“By affixing my signature to this affidavit, I hereby declare I fully understand that Section 365.7 of the Penal Code prohibits any person to knowingly and fraudulently represent himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide dog, signal dog, or service dog, as defined in subdivisions (d), (e), and (f), respectively, of Section 365.5 of the Penal Code and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code, and that a violation of Section 365.7 of the Penal Code is a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.”

(c) Upon the death or retirement of an assistance dog, the owner or person in possession of the assistance dog identification tag shall immediately return the tag to the animal control department that issued the tag.

assistance dog identification tag animal control department guide dogs signal dogs service dogs application process public inspection affidavit requirement Penal Code Section 365.7 fraudulent representation misdemeanor penalties jail time fines tag return upon death or retirement service dog regulation

(Amended by Stats. 2004, Ch. 118, Sec. 9. Effective January 1, 2005.)

Section § 30851

If you own an assistance dog, you must follow all state and local rules about keeping your dog healthy and properly licensed.

The owners of assistance dogs shall comply with all state and local ordinances regarding health and licensure requirements for dogs.

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(Added by Stats. 1994, Ch. 1257, Sec. 10.5. Effective January 1, 1995.)

Section § 30852

This law ensures that only a person with a disability or a trainer of an assistance dog can use the identification tag for assistance dogs. The tag must have a shape, size, and color that is consistent across the state, making it easily recognizable. The Department of Food and Agriculture, alongside the State Department of Health Services, is responsible for deciding on the tag's design, and this process isn't bound by some usual government requirements for new regulations.

(a) The tag identifying a dog as an assistance dog shall be used only by a person with a disability or a trainer of an assistance dog and shall be of such uniform statewide shape, size, and color as to be easily recognized.

(b) The Department of Food and Agriculture, in consultation with the State Department of Health Services, shall specify the shape, size, and color of the tags. This subdivision shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

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(Amended by Stats. 1996, Ch. 498, Sec. 3. Effective January 1, 1997.)

Section § 30853

This law section ensures that none of its provisions are interpreted in a way that would restrict or violate anyone's access rights under the Americans with Disabilities Act of 1990.

Nothing in this chapter shall be construed to limit the access of any person in violation of the Americans with Disabilities Act of 1990 (Public Law 101-336).

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(Added by Stats. 1996, Ch. 498, Sec. 4. Effective January 1, 1997.)

Section § 30854

This law means that if any part of it is found to be invalid or clashing with the Americans with Disabilities Act of 1990, then only that specific part is affected. The rest of the law remains in effect without being impacted by the invalid part.

The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid or to be in conflict with the Americans with Disabilities Act of 1990 (Public Law 101-336), that invalidity or conflict shall not affect other provisions or applications that can be given effect without the invalid or conflicting provision or application.

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(Added by Stats. 1996, Ch. 498, Sec. 5. Effective January 1, 1997.)