Service Dogs in Training Laws in North Dakota
Overview

North Dakota law provides public access protections for service dogs in training (SDITs), allowing trainers and individuals with disabilities to bring dogs in training into many public places.

Unlike federal law under the Americans with Disabilities Act (ADA), which does not specifically grant public access rights to service animals in training, North Dakota law expressly recognizes service animals in training under state statute.

Legal Foundation

North Dakota’s service animal and SDIT laws are primarily found in:

• North Dakota Century Code (NDCC) § 25-13-02.1

• NDCC § 25-13-02.2

• NDCC § 25-13-03

• NDCC § 25-13-04

• NDCC § 12.1-21.1-03

These laws protect individuals with disabilities and service animal trainers from discrimination in public accommodations and other covered settings.

Service Dogs in Training Under North Dakota Law

North Dakota law specifically recognizes:

• Service animals, and

• Service animals in training

under state disability-access laws.

Under NDCC § 25-13-02.1:

“Service animal in training” means an animal undergoing training to become a service animal.

North Dakota allows:

• Individuals with disabilities training their own dog

• Professional service dog trainers

• Persons legitimately engaged in service animal training

to bring SDITs into public places for training purposes.

Public Access Rights

Service dogs in training may generally accompany handlers and trainers into places open to the public, including:

• Restaurants and food establishments

• Retail stores and shopping centers

• Hotels and lodging

• Public transportation

• Government buildings

• Hospitals and medical offices

• Educational institutions

• Most places open to the general public

North Dakota law grants SDITs substantially similar public access rights as fully trained service animals.

Additionally:

• Businesses may not charge extra fees or deposits because of a service dog or service dog in training.

• SDITs generally must be permitted anywhere members of the public are allowed to go.

Requirements for Service Dogs in Training

North Dakota generally requires service dogs in training to be:

• Under the handler’s control

• Properly behaved in public

• Housebroken

• Non-disruptive and safe

Service animals and SDITs are generally expected to be:

• Harnessed, leashed, or tethered unless doing so interferes with the dog’s work or training.

North Dakota does not generally require:

• State certification

• Registration

• Identification cards

• Special vests or patches

Businesses generally may not require proof of certification or documentation.

Who Can Train a Service Dog

North Dakota law protects:

• Individuals with disabilities training their own dog

• Professional service dog trainers

• Persons engaged in legitimate service animal training activities

The statutes do not impose universal statewide licensing or certification requirements for service dog trainers.

Handler Responsibilities

The handler or trainer is responsible for:

• Maintaining control of the dog

• Preventing disruptive or dangerous behavior

• Ensuring the dog is housebroken

• Paying for damage caused by the dog

A business may require removal of the dog if:

• The dog is out of control and the handler fails to take corrective action

• The dog poses a direct threat to health or safety

• The dog is not housebroken

Even if a dog is removed, the business generally must still provide the individual an opportunity to obtain goods or services without the animal present.

What Businesses Can and Cannot Do

Businesses MAY:

• Ask whether the dog is a service animal required because of a disability

• Ask what work or task the dog has been trained — or is being trained — to perform

Businesses MAY NOT:

• Require certification or registration

• Demand proof of disability

• Require the dog to demonstrate tasks

• Charge additional fees or deposits

• Deny access solely because the dog is still in training under North Dakota law

Misrepresentation and Interference

North Dakota law prohibits:

• Fraudulently misrepresenting a pet as a service animal

• Interfering with, injuring, or denying access rights involving service animals or SDITs

Under NDCC § 12.1-21.1-03:

• Injuring or interfering with a service animal may result in criminal penalties, restitution, and civil liability.

Violations may result in:

• Criminal penalties

• Civil damages

• Fines and restitution in some circumstances

North Dakota law also protects handlers and trainers from intentional harassment or obstruction involving service animals.

Federal vs. North Dakota Law

ADA (federal law):

• Does not specifically grant public access rights to service dogs in training

North Dakota law:

• Expressly recognizes service animals in training and grants public access protections under state statute

Because North Dakota law provides broader protections in this area, those state protections generally apply within North Dakota.

Summary

• North Dakota allows service dogs in training in many public places

• Trainers and individuals with disabilities are both protected

• SDITs must remain under control and behave appropriately

• North Dakota generally does not require certification or identification for SDITs

• Businesses cannot charge extra fees or deny access solely because a dog is in training

• Fraudulent representation and interference may result in civil or criminal penalties

Sources

North Dakota Century Code Chapter 25-13:
https://www.ndlegis.gov

North Dakota Century Code § 12.1-21.1-03:
https://www.ndlegis.gov

North Dakota Legislative Branch:
https://www.ndlegis.gov

North Dakota Department of Labor and Human Rights:
https://www.nd.gov/labor

Animal Legal & Historical Center – North Dakota Assistance Animal Laws:
https://www.animallaw.info

Disclaimer

This content is provided for informational and educational purposes only and does not constitute legal advice. Laws and regulations may change, and their application can vary depending on specific circumstances. For the most current and accurate information, consult official North Dakota statutes or a qualified attorney.

Service Dogs in Training Laws in the State of North Dakota are Recognized!