[§711-1109.4]  Causing injury or death to a
guide dog, signal dog, or service animal.  (1)  A person commits the
offense of causing injury or death to a guide dog, signal dog, or service
animal if:



(a) The person recklessly causes injury to or the
death of any guide dog, signal dog, or service animal, while the dog is in the discharge of its
duties; or



(b) The person is the owner of a dog and recklessly
permits that dog to attack a guide dog, signal dog, or service animal while
that dog is in the
discharge of its duties, resulting in the injury or death of the guide dog,
signal dog, or service animal.



(2)  Any person who commits the offense of
causing injury or death to a guide dog, signal dog, or service animal shall be
punished as follows:



(a) For a first offense by a fine of not more than
$2,000, imprisonment of not more than thirty days, or both; and



(b) For a second or subsequent offense by a fine of
not more than $5,000, imprisonment of not more than thirty days, or both.



(3)  Any person who is convicted of a violation
of this section shall be ordered to make restitution to:



(a) The person with a disability who has custody or
ownership of the guide dog, signal dog, or service animal, for any veterinary
bills and out-of-pocket costs incurred as a result of the injury to the dog;
and



(b) The person or organization that incurs the cost
of retraining or replacing the animal, for the cost of retraining or replacing
the animal if it is disabled or killed.



(4)  As used in this section, "guide
dog", "signal dog", and "service animal" shall have
the same meaning as in section 515-3(8). [L 2002, c 259, pt of §1]