Penalties and Fines

The Americans with Disabilities Act provides that the owners or operators of a place of public accommodation cannot deny access to the facility to a disabled person with a service animal or service animal trainee, except under very specific circumstances.

(a)Violators of the ADA can be required to pay money damages and penalties. The following ADA fine fee schedule is in effect, and shall be deemed adopted and applicable to Guam, as follows:

(1)for a first

(1st)offense, a fine of One Thousand Dollars ($1,000);

(2)for a second

(2nd)offense, a fine of Two Thousand Dollars ($2,000); and COL6/24/2021 CH. 34 KEEPING ANIMALS

(3)for subsequent offenses, a fine of Five Thousand Dollars ($5,000).

(b)It is unlawful for a person to fraudulently misrepresent an animal as a service animal or service animal in training.

(1)Fraudulent representation shall be a misdemeanor violation for any person to knowingly verbally misrepresent or affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs, or license tag; and

(2)the following fine fee schedule shall be deemed adopted and applicable to Guam, as follows:

(A)for a first

(1st)offense, a fine of One Thousand Dollars ($1,000);

(B)for a second

(2nd)offense, a fine of Two Thousand Dollars ($2,000); and

(C)for subsequent offenses, a fine of Five Thousand Dollars ($5,000).

(c)Refusing Access. Any place of public accommodation commits a misdemeanor violation if it refuses access to public accommodation or charges a fee for access to a public accommodation to a person using a service dog/service animal trainer.

(d)Harassment of or Interference With. Any person who knows or has reason to know that an animal is a Professional Working Dog, Service Dog or Therapy Dog, and who willfully taunts, teases, harasses, delays, obstructs, or attempts to delay or obstruct the animal in the performance of its duty as a Professional Working Dog, Service Dog or Therapy Dog shall be guilty of a misdemeanor in the second

(2nd)degree.

(e)Serious Harm to Assistance Animal. Any person who knows or has reason to know that an animal is a Professional Working Dog, Service Dog or Therapy Dog and who willfully causes or attempts to cause serious harm COL6/24/2021 CH. 34 KEEPING ANIMALS to the animal shall be guilty of animal abuse in the first

(1st)degree and subject to the penalties contained in 9 GCA § 70.10.1.

(f)Killing of Assistance Animal. Any person who knows or has reason to know that an animal is a law enforcement agency animal, an assistance animal, or a search and rescue animal and who willfully kills the animal shall be guilty of animal abuse in the first

(1st)degree and subject to the penalties contained in 9 GCA § 70.10.1.

(g)

(1)A defendant convicted of violating this Section shall also owe full financial restitution to the owner which shall include, but is not limited to, the following:

(A)veterinary, medical care, and boarding expenses;

(B)medical expenses for the person with the disability relating to the harm inflicted upon the assistance animal;

(C)replacement and training or retraining;

(D)expenses incurred to provide temporary mobility services to the person with a disability; and

(E)wages or income lost while the assistance animal is receiving training or retraining.

(2)Emergency medical treatment shall not be denied to an assistance dog assigned to a person regardless of the person’s ability to pay prior to treatment, and the convicted person(s) shall be fully liable for the payment of the medical treatment.