(1) A person commits intentional misrepresentation of a service animal if:
(a) The person intentionally misrepresents an animal in his or her possession
as his or her service animal or service-animal-in-training for the purpose of
obtaining any of the rights or privileges set forth in section 24-34-803, C.R.S.;
(b) The person was previously given a written or verbal warning regarding
the fact that it is illegal to intentionally misrepresent a service animal; and
(c) The person knows that the animal in question is not a service animal or
service-animal-in-training.
(2) A person who violates subsection (1) of this section commits a petty
offense and, upon conviction, notwithstanding section 18-1.3-503, shall be punished
as follows:
(a) For a first offense, a fine of twenty-five dollars;
(b) For a second offense, a fine of not less than fifty dollars but not more
than two hundred dollars; and
(c) For a third or subsequent offense, a fine of not less than one hundred
dollars but not more than five hundred dollars.
(3) Repealed.
(4) As used in this section, unless the context otherwise requires:
(a) Disability has the same meaning as set forth in the federal Americans
with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related
amendments and implementing regulations.
(b) Qualified individual with a disability has the same meaning as set forth
in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.,
and its related amendments and implementing regulations.
(c) Service animal has the same meaning as set forth in the implementing
regulations of Title II and Title III of the federal Americans with Disabilities Act of
1990, 42 U.S.C. sec. 12101 et seq.
(d) Service-animal-in-training means a dog or miniature horse that is being
individually trained to do work or perform tasks for the benefit of a qualified
individual with a disability.
(e) Trainer of a service animal means a person who is individually training a
service animal to do work or perform tasks for the benefit of a qualified individual
with a disability.
L. 2016: Entire section added, (HB 16-1426), ch. 309, p. 1246, § 5, effective January 1, 2017. L. 2021: IP(2) amended, (SB 21-271), ch. 462, p. 3214, § 359, effective March 1, 2022. L. 2022: (3) repealed, (SB 22-099), ch. 276, p. 1986, § 7, effective August 10.
For the legislative declaration in HB 16-1426, see section 1 of chapter 309, Session Laws of Colorado 2016.
