§ 20-14-1004 — Violations - Civil Penalty

(a) (1) A violation of the following shall be subject to a civil penalty: (A) Knowingly and fraudulently representing, selling, or offering for sale, or attempting to represent, sell, or offer for sale, an emotional support dog as being entitled to the rights and privileges accorded by law to a service animal; or (B) Violating the written notice requirements under § 20-14-1002 . (2) An action for civil penalties under this section may be brought by the: (A) Attorney General; (B) Prosecuting attorney of the county in which a violation of this subchapter occurs; (C) County attorney of the county in which a violation of this subchapter occurs; or (D) City attorney of the city in which a violation of this subchapter occurs. (b) The following civil penalties shall apply for a violation of subsection (a) of this section: (1) Five hundred dollars ($500) for the first violation; (2) One thousand dollars ($1,000) for the second violation; and (3) Two thousand five hundred dollars ($2,500) for the third and any subsequent violations. (c) This section shall not restrict or change existing federal law or state law related to a person's rights for reasonable accommodation and equal access to housing.

Legislative History

Added by Act 2023, No. 268,§ 1, eff. 8/1/2023.