Section 28-11-1 – Repealed.
ANNOTATIONS Repeals. — Laws 1989, ch. 242, § 5 repealed 28-11-1 NMSA 1978, as enacted by Laws 1977, ch. 332, § 1, relating to hearing ear aid dogs, effective June 16, 1989.
Section 28-11-1.1 – Short title.
Chapter 28, Article 11 NMSA 1978 may be cited as the “Service Animal Act”. History: Laws 2005, ch. 224, § 1; 2013, ch. 57, § 1. ANNOTATIONS The 2013 amendment, effective June 14, 2013, changed the name of the act; after “cited as the”, deleted “Assistance” and added “Service”.
Section 28-11-2 – Definitions.
As used in the Service Animal Act: A. “emotional support animal”, “comfort animal” or “therapy animal” means an animal selected to accompany an individual with a disability that does not work or perform tasks for the benefit of an individual with a disability and does not accompany at all times an individual with a disability; […]
Section 28-11-3 – Admittance of qualified service animal.
A. Notwithstanding any other provision of law: (1) a person with a disability who is using a qualified service animal shall be admitted to any building open to the public and to all other public accommodations and shall be allowed access to all common carriers; provided that the qualified service animal is under the control […]
Section 28-11-4 – Penalty.
A. A person who violates a provision of the Service Animal Act is guilty of a misdemeanor and, upon conviction, shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. B. Nothing in this section shall be construed to preclude any other remedy otherwise available pursuant to common law or other law […]
Section 28-11-5 – Findings and purpose; interference with qualified service animals prohibited; criminal and civil penalties.
A. The legislature finds that unrestrained animals constitute a danger to qualified service animals and public safety. The purpose of this section is to protect persons with disabilities and qualified service animals from attack by unrestrained animals. B. It is unlawful for any person, with no legitimate reason, to: (1) intentionally interfere with the use […]
Section 28-11-6 – Prohibition of false presentation of animal as a qualified service animal.
A. A person shall not knowingly present as a qualified service animal any animal that does not meet a definition of “qualified service animal” pursuant to Section 28-11-2 NMSA 1978. A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished pursuant to Section 31-19-1 NMSA […]