49-4-222. Misrepresentation of a service animal -- misdemeanor -- penalty. (1) A person who misrepresents a service animal as provided in 49-4-221 may be found guilty of a misdemeanor if:
(a) the person was previously given a written warning regarding the fact that it is illegal to intentionally misrepresent a service animal; and
(b) the person continued to misrepresent the animal as a service animal in order to gain any of the rights or privileges afforded to a service animal.
(2) A person who violates subsection (1) shall be punished as follows:
(a) for a first offense, a fine of $50;
(b) for a second offense, a fine of not less than $75 or more than $200; and
(c) for a third or subsequent offense, a fine of not less than $100 or more than $1,000.
(3) In addition to the penalty provided in subsection (2), a person convicted of the offense of misrepresentation of a service animal under subsection (1) may be required to perform community service for an organization that advocates on the behalf of persons with disabilities.
History: En. Sec. 4, Ch. 361, L. 2019.
Structure Montana Code Annotated
Chapter 4. Rights of Persons With Disabilities
Part 2. Rights of the Physically Disabled
49-4-204. through 49-4-210 reserved
49-4-211. Right to use public places and accommodations
49-4-212. Access to housing accommodations
49-4-213. Use of white or metallic-colored canes restricted to the blind
49-4-215. Penalty for violating rights
49-4-216. Duty and civil liability of pedestrian or driver approaching blind person
49-4-217. Penalty for violation of duty or unauthorized use of cane
49-4-218. through 49-4-220 reserved
49-4-221. Misrepresentation of a service animal -- complaint -- investigation
49-4-222. Misrepresentation of a service animal -- misdemeanor -- penalty