Guam § 34406 - Penalties and Fines.

§ 34406. 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

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(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

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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.

2021 NOTE: Due to the renumbering and reorganization of Chapter 70,

Title 9 GCA, the reference to § 70.10.15 has been replaced with § 70.85.

2017 NOTE: Subsection/subitem designations altered/added pursuant to

authority of 1 GCA § 1606.

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