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2001 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 51.5-44 of the Code of Virginia is amended and reenacted as follows:
§ 51.5-44. Rights of persons with disabilities in public places and places of public accommodation.
A. A person with a disability has the same rights as other persons to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.
B. A person with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, subways, boats or any other public conveyances or modes of transportation, restaurants, hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited subject only to the conditions and limitations established by law and applicable alike to all persons.
C. Each town, city or county, individually or through transportation district
commissions, shall ensure that persons with disabilities have access to the
public transportation within its jurisdiction by either (i) use of the same
transportation facilities or carriers available to the general public or (ii)
provision of paratransit or special transportation services for persons with
disabilities or (iii) both. All persons with disabilities in the jurisdiction's
service area who, by reason of their disabilities, are unable to use the
service for the general public shall be eligible to use such paratransit or
special transportation service. No fee which that exceeds the fee charged to
the general public shall be charged a person with a disability for the use of
the same transportation facilities or carriers available to the general public.
Paratransit or special transportation service for persons with disabilities may
charge fees to such persons comparable to the fees charged to the general
public for similar service in the jurisdiction service area, taking into
account especially the type, length and time of trip. Any variance between
special service and regular service fares shall be justifiable in terms of
actual differences between the two kinds of service provided.
D. Nothing in this title shall be construed to require retrofitting of any public transit equipment or to require the retrofitting, renovation, or alteration of buildings or places to a degree more stringent than that required by the applicable building code in effect at the time the building permit for such building or place is issued.
E. Every totally or partially blind person shall have the right to be
accompanied by a dog, in harness, trained as a guide dog, every deaf or
hearing-impaired person shall have the right to be accompanied by a dog trained
as a hearing dog on a blaze orange leash, and every mobility-impaired person
shall have the right to be accompanied by a dog, in a harness or backpack,
trained as a service dog in any of the places listed in subsection B without
being required to pay an extra charge for the dog; provided that he shall be
liable for any damage done to the premises or facilities by such dog. The
provisions of this section shall apply to persons accompanied by a dog that is
in training, at least six months of age, and is (i) in harness, which is in
training as a guide dog, provided such person is an experienced trainer of
guide dogs; (ii) on a blaze orange leash, which is in training as a hearing
dog, provided such person is an experienced trainer of hearing dogs; or (iii)
in a harness or backpack, which is in training as a service dog, provided such
person is an experienced trainer of service dogs; or (iv) wearing a jacket
identifying the recognized guide, hearing or service dog organization, provided
such person is an experienced trainer of the organization identified on the
jacket.
As used in this chapter, "hearing dog" means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond.
As used in this chapter, "service dog" means a dog trained to accompany its owner for the purpose of carrying items, retrieving objects, pulling a wheelchair or other such activities of service or support.
As used in this chapter, "mobility-impaired person" means any person who has completed training to use a dog for service or support because he is unable to move about without the aid of crutches, a wheelchair or any other form of support or because of limited functional ability to ambulate, climb, descend, sit, rise or perform any related function.