§ 123-b. Offenses against service animals and handlers. 1.\nDefinitions. For purposes of this section:\n (a) "Service animal" shall mean any animal that has been partnered\nwith a person who has a disability and has been trained or is being\ntrained, by a qualified person, to aid or guide a person with a\ndisability.\n (b) "Disability" shall have the same meaning as provided in section\ntwo hundred ninety-two of the executive law.\n (c) "Handler" shall mean a disabled person using a service animal.\n (d) "Formal training program" or "certified trainer" shall mean an\ninstitution, group or individual who has documentation and community\nrecognition as a provider of service animals.\n 2. Any person who owns an animal or possesses control of such animal\nand who, through any act or omission, recklessly permits his or her\nanimal to interfere with the proper working of a service animal,\nexposing the handler and service animal to danger or resulting in injury\nor death of the service animal shall be subject to a civil penalty not\nto exceed one thousand dollars in addition to any other applicable\npenalties.\n 3. Any person who owns an animal or possesses control of such animal\nand who, through any act or omission, recklessly permits his or her\nanimal to interfere with the proper working of a service animal,\nexposing the handler and service animal to danger or resulting in injury\nor death of the service animal, where the animal causing such injury has\npreviously been determined to be dangerous pursuant to this article,\nshall be guilty of a violation punishable by a fine of not more than two\nthousand dollars, or by a period of imprisonment not to exceed fifteen\ndays, or by both such fine and imprisonment in addition to any other\napplicable penalties.\n 4. The handler of the service animal incapacitated, injured or killed\nshall have the right to pursue any and all civil remedies available to\nrecover damages for medical and veterinary expenses, rehabilitation or\nreplacement of the service animal, and lost wages, transportation\nexpenses or other expenses directly related to the temporary or\npermanent loss of the service animal.\n
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