Reno, Nevada

Las Vegas, Nevada

Las Vegas Municipal Code

Main Table of Contents

Title 7 ANIMALS

Chapter 7.04 DEFINITIONS

Chapter 7.08 DOG AND CAT LICENSES AND PERMITS

Chapter 7.12 VACCINATION

Chapter 7.16 DANGEROUS ANIMALS

Chapter 7.20 IMPOUNDMENT

Chapter 7.24 RABIES PREVENTION AND QUARANTINE

Chapter 7.28 ANIMAL CLINIC

Chapter 7.32 CRUELTY

Chapter 7.36 NUISANCES

Chapter 7.38 WILD AND FARM ANIMALS

Chapter 7.40 PROFESSIONAL ANIMAL HANDLERS

Chapter 7.44 ENFORCEMENT

Chapter 7.46 POLICE SERVICE ANIMALS

Title 7 ANIMALS

Chapter 7.04 DEFINITIONS

7.04.010 Adequate feed.

7.04.020 Adequate water.

7.04.030 Animal.

7.04.040 Animal Advisory Committee.

7.04.050 Animal Control Center.

7.04.060 Animal Control Officer.

7.04.065 Animal fighting venture.

7.04.070 Animal Regulation Officer.

7.04.080 Animal vaccination certificate.

7.04.090 At large.

7.04.100 Bite.

7.04.110 Board.

7.04.120 Breeder.

7.04.130 Cat.

7.04.140 Cat fancier.

7.04.150 Cattery.

7.04.160 Commercial cattery.

7.04.170 Commercial kennel.

7.04.180 Commercial stables.

7.04.190 Confined.

7.04.200 Cruelty or torture.

7.04.210 Court.

7.04.215 Dangerous animal.

7.04.220 Dog.

7.04.230 Dog fancier.

7.04.240 Enclosed lot.

7.04.250 Fees.

7.04.253 Feral cat.

7.04.257 Ferret.

7.04.260 Grooming parlor.

7.04.270 Grooming school.

7.04.280 Guide dog.

7.04.290 Health Officer.

7.04.300 Impound.

7.04.310 License fee.

7.04.320 Motor vehicle.

7.04.330 Owner.

7.04.340 Person.

7.04.345 Pet fancier.

7.04.350 Pet shop.

7.04.360 Professional animal handler.

7.04.370 Professional animal handler permit.

7.04.380 Rabies quarantine area.

7.04.390 Research facility.

7.04.400 Restraint.

7.04.410 Shelter.

7.04.420 Sheriff.

7.04.430 Stray animal.

7.04.440 Vaccination.

7.04.450 Vaccine.

7.04.460 Veterinarian.

7.04.470 Veterinary clinic.

7.04.480 Veterinary hospital.

7.04.490 Vicious animal.

7.04.500 Wild animal.

7.04.010 Adequate feed.

“Adequate feed” means the provision at suitable intervals, depending upon the age of the animal; however, at least once every twenty-four hours, of a quantity of wholesome foodstuff suitable for the species’ physical condition and age, sufficient to maintain an adequate level of nutrition in the animal, which is served in a clean receptacle, dish or container.

(Ord. 3618 § 4, 1991)

7.04.020 Adequate water.

“Adequate water” means the access to a constant source of clean, fresh, potable water suitable for the species’ physical condition and age of the animal.

(Ord. 3618 § 5, 1991)

7.04.030 Animal.

“Animal” means any living vertebrate, domestic or wild, except human beings.

(Ord. 3618 § 6, 1991)

7.04.040 Animal Advisory Committee.

“Animal Advisory Committee” means a committee consisting of five members selected and appointed to a two-year term by the City Council, convened and administrated by the Animal Regulation Officer to gather information and make recommendations concerning whether an animal is vicious and should be destroyed. A quorum of three members must be present to hear evidence; a majority thereof is required to make a finding of facts in order to submit recommendations. This Committee shall possess subpoena power issued by the Las Vegas Municipal Court. The Committee may hear evidence from the complainant or the animal’s owner, or both, as well as view the animal in controversy.

(Ord. 5220 § 1, 2000: Ord. 3618 § 7, 1991)

7.04.050 Animal Control Center.

“Animal Control Center” means any establishment authorized by the City for the confinement, maintenance, safekeeping, and control of all animals that come into the custody of the Animal Regulation Officer in the performance of his official duties.

(Ord. 3618 § 8, 1991)

7.04.060 Animal Control Officer.

“Animal Control Officer” means an employee of the Department of Detention and Enforcement having the power and authority to enforce the provisions of this Title.

(Ord. 3618 § 9, 1991)

7.04.065 Animal fighting venture.

“Animal fighting venture” means any event or activity that involves a fight between at least two animals and is conducted for purposes of sport, wagering, exhibition or entertainment. The term does not include any activity the primary purpose of which involves the use of one or more animals in hunting another animal or animals.

(Ord. 5696 § 1, 2004)

7.04.070 Animal Regulation Officer.

“Animal Regulation Officer” is the Director of the Department of Detention and Enforcement of the City or his designee.

(Ord. 3618 § 10, 1991)

7.04.080 Animal vaccination certificate.

“Animal vaccination certificate” is the certificate approved in form by the Health Officer which is issued and signed by the veterinarian who inoculates an animal for rabies stating thereon the name and description of the animal, the date of such vaccination and the type of vaccine used by the veterinarian.

(Ord. 3618 § 11, 1991)

7.04.090 At large.

“At large” refers to any animal not secured to and restrained by a leash or lead, or not confined within the real property limits of its owner or keeper by means of a fence, cage, coop, chain, leash or other restraining device.

(Ord. 5220 § 2, 2000: Ord. 3618 § 12, 1991)

7.04.100 Bite.

“Bite” means a puncture or tear of the skin inflicted by teeth of an animal.

(Ord. 3618 § 13, 1991)

7.04.110 Board.

“Board” means the District Board of Health of the County.

(Ord. 3618 § 14, 1991)

7.04.120 Breeder.

“Breeder” means any person who, for pay or other compensation, causes the breeding of a male or female dog or cat or makes a dog or cat available for breeding purposes, or any person who sells or offers for sale any dog or cat.

(Ord. 3618 § 15, 1991)

7.04.130 Cat.

“Cat” means any male or female cat (felis catus). An adult cat is any cat older than four months of age.

(Ord. 3618 § 16, 1991)

7.04.140 Cat fancier.

“Cat fancier” means any person owning, keeping or possessing on his property, provided such person has safe, adequate cages in a completely enclosed building on the property, at one location, up to six adult cats for the purpose of showing, in recognized cat shows, or for improving the variety of breed in temperament or conformation with a view to exhibiting in shows or feline events and must be entered in at least one cat show each calendar year; said cats shall be registered with at least one association recognized by the Animal Regulation Officer or, if spayed and neutered, need not be so registered or shown.

(Ord. 3618 § 17, 1991)

7.04.150 Cattery.

“Cattery” means a completely enclosed area for the total confinement of one or more cats.

(Ord. 3618 § 18, 1991)

7.04.160 Commercial cattery.

“Commercial cattery” means any licensed establishment at which cats are bred, raised for sale, trained, rented, boarded, cared for, or quarantined, for profit, excluding dental, medical or surgical care. All commercial catteries shall be maintained within a completely enclosed building. This definition shall not apply to the premises of a private cat fancier and the animals raised thereon.

(Ord. 3618 § 19, 1991)

7.04.170 Commercial kennel.

“Commercial kennel” means any licensed establishment at which dogs are bred, raised for sale, trained, rented, boarded, cared for, or quarantined, for profit, excluding dental, medical or surgical care. This definition shall not apply to the premises of a private dog fancier and the animals raised thereon.

(Ord. 3618 § 20, 1991)

7.04.180 Commercial stables.

“Commercial stables” means any licensed establishment in the City at which horses are bred, raised for sale, boarded, cared for, quarantined, trained, sold, or rented, on a commercial basis, excluding dental, medical, or surgical care.

(Ord. 3618 § 21, 1991)

7.04.190 Confined.

“Confined” means a condition whereby an animal is restricted to the property of the owner by an enclosure or enclosed lot, secure enough so that the animal cannot bite, harm, or injure anyone by the animal overreaching the top of the fence or other enclosure.

(Ord. 3618 § 22, 1991)

7.04.200 Cruelty or torture.

“Cruelty or torture” means every act of omission or commission whereby unjustifiable physical pain, suffering, or death is caused to any animal.

(Ord. 3618 § 23, 1991)

7.04.210 Court.

“Court” means a municipal court of the City of Las Vegas or the Eighth Judicial District Court, County of Clark, State of Nevada, in the event of an appeal, a writ or any other legal process from the Municipal Court of the City of Las Vegas to the Eighth Judicial District Court or any other Court.

(Ord. 3618 § 24, 1991)

7.04.215 Dangerous animal.

“Dangerous animal” means any animal that has been declared to be dangerous pursuant to Section 7.16.010. (Ord. 5220 § 3, 2000)

7.04.220 Dog.

“Dog” means any male or female dog (canis familiaris). An adult dog is any dog older than four months of age.

(Ord. 3618 § 25, 1991)

7.04.230 Dog fancier.

“Dog fancier” means any person owning, keeping, or possessing on his property, provided such person has safe, adequate cages in a completely enclosed building on the property, at one location, up to six adult dogs for the purpose of showing in recognized dog shows, field trials or obedience trials, for working and hunting, or for improving the variety of breed in temperament or confirmation with a view to exhibition in shows or trials or for use as working dogs in hunting; said dogs shall be registered with at least one association recognized by the Animal Regulation Officer, and must be entered in at least one dog show per calendar year or, if spayed and neutered, need not be so registered or shown.

(Ord. 3618 § 26, 1991)

7.04.240 Enclosed lot.

“Enclosed lot” means a parcel of land or portion thereof around the perimeter of which is a fence or wall adequate to contain any animal kept therein.

(Ord. 3618 § 27, 1991)

7.04.250 Fees.

“Fees” means monies authorized by the City Council to be collected by the Animal Control Officer or designee for the impounding, maintenance, sale or destruction of animals.

(Ord. 3618 § 28, 1991)

7.04.253 Feral cat.

“Feral cat” means a cat that:

(A) Has no apparent owner or identification; and

(B) Appears to be unsocialized, unmanageable or demonstrates characteristics normally associated with wild or undomesticated animals.

(Ord. 5220 § 4, 2000)

7.04.257 Ferret.

“Ferret” means a domestic ferret (mustela furo).

(Ord. 5220 § 5, 2000)

7.04.260 Grooming parlor.

“Grooming parlor” means any establishment, or part thereof, or premises, maintained for the purpose of offering animal cosmetological services for profit.

(Ord. 3618 § 29, 1991)

7.04.270 Grooming school.

“Grooming school” means any profit-making establishment, or part thereof, or premises, maintained for the purpose of teaching students to perform cosmetological services on animals.

(Ord. 3618 § 30, 1991)

7.04.280 Guide dog.

“Guide dog” means a dog specifically trained and used to guide a blind or deaf person.

(Ord. 3618 § 31, 1991)

7.04.290 Health Officer.

“Health Officer” means the Clark County District Health Officer or his designated and duly authorized representative.

(Ord. 3618 § 32, 1991)

7.04.300 Impound.

“Impound” means the act of taking or receiving into custody by the Animal Regulation Officer any animal for the purpose of confinement in an Animal Control Center consistent with the provisions of this Title.

(Ord. 3618 § 33, 1991)

7.04.310 License fee.

“License fee” means the fee as established by the City Council for each animal license.

(Ord. 3618 § 34, 1991)

7.04.320 Motor vehicle.

“Motor vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway.

(Ord. 3618 § 35, 1991)

7.04.330 Owner.

“Owner” means any person owning, keeping, possessing, harboring, or having the care, custody or control of any animal, and furnishing proof of ownership with a medical certificate, bill of sale, or other proof of ownership or possession.

(Ord. 3618 § 36, 1991)

7.04.340 Person.

“Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.

(Ord. 3618 § 37, 1991)

7.04.345 Pet fancier.

“Pet fancier” means any person owning, keeping or possessing on his or her property, up to six spayed or neutered dogs over one year of age or twelve spayed or neutered cats over eight months of age, or combination thereof.

(Ord. 3642 § 1, 1992)

7.04.350 Pet shop.

“Pet shop” means any profit-making or commercial establishment, premises, or part thereof, maintained for the purchase, sale, exchange or hire of animals of any type; except that the term shall not include livestock auctions.

(Ord. 3618 § 38, 1991)

7.04.360 Professional animal handler.

“Professional animal handler” means the owner or owners of a commercial grooming parlor, grooming school, kennel, pet shop, dog training facility, veterinary clinic/hospital, or any breeder of cats and dogs for pay or other compensation.

(Ord. 3618 § 39, 1991)

7.04.370 Professional animal handler permit.

“Professional animal handler permit” means a permit issued to the owner or owners of a commercial grooming parlor, grooming school, kennel, pet shop, dog training facility, or breeders, which issuance means that minimum animal confinement standards have been met or surpassed by the business; the permit is required in order to operate or carry on the above businesses for profit.

(Ord. 3618 § 40, 1991)

7.04.380 Rabies quarantine area.

“Rabies quarantine area” means any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area. The Health Officer may, by public notice and proclamation, quarantine animals in any area of the City where he finds rabies or other disease to exist. During such quarantine period and until public notice of its termination has been given by the Health Officer, all designated animals in that area must be securely confined by their owners to that area. Any quarantined animals found at large in such areas during such period of quarantine may be destroyed, impounded, or quarantined.

(Ord. 3618 § 41, 1991)

7.04.390 Research facility.

“Research facility” means any place at which scientific tests, experiments, or investigations involving the use of any animal are conducted, attempted, or carried out.

(Ord. 3618 § 42, 1991)

7.04.400 Restraint.

“Restraint” means any animal secured by a leash or lead and under control of the owner or another responsible person and obedient to that person’s commands, or confined within the enclosed real property limits of its owner or keeper.

(Ord. 3618 § 43, 1991)

7.04.410 Shelter.

“Shelter” means protection from the elements as hereinafter provided.

(Ord. 3618 § 44, 1991)

7.04.420 Sheriff.

“Sheriff” means the sheriff of the Las Vegas Metropolitan Police Department or any person designated by him to act herein.

(Ord. 3618 § 45, 1991)

7.04.430 Stray animal.

“Stray animal” means any animal at large.

(Ord. 3618 § 46, 1991)

7.04.440 Vaccination.

“Vaccination” means administration of an antirabies vaccine to any animal by a veterinarian.

(Ord. 3618 § 47, 1991)

7.04.450 Vaccine.

“Vaccine” means an antirabies medication in a usage as designated by the State Veterinarian.

(Ord. 3618 § 48, 1991)

7.04.460 Veterinarian.

“Veterinarian,” unless otherwise indicated, means any person licensed to practice veterinary medicine in this State or any person employed in Nevada by a governmental agency to practice veterinary medicine.

(Ord. 3618 § 49, 1991)

7.04.470 Veterinary clinic.

“Veterinary clinic” means any establishment operated by a veterinarian to provide dental, medical, or surgical treatment, care and grooming for animals on an outpatient basis.

(Ord. 3618 § 50, 1991)

7.04.480 Veterinary hospital.

“Veterinary hospital” means any establishment operated by a veterinarian that provides clinical facilities and houses animals for dental, medical, or surgical treatment. A veterinary hospital may have adjacent to it or in connection with it, or as an integral part of it, pens, stalls, cages, or kennels for quarantine or observation, in a completely enclosed building.

(Ord. 3618 § 51, 1991)

7.04.490 Vicious animal.

“Vicious animal” means any animal that has been declared to be vicious pursuant to Section 7.16.010.

(Ord. 5220 § 6, 2000: Ord. 3618 § 52, 1991)

7.04.500 Wild animal.

“Wild animal” means:

(A) Any animal found naturally in the wild state, regardless of whether such animal is indigenous to the State or whether such animal was raised in captivity; or

(B) Any hybrid of such an animal.

(Ord. 5220 § 7, 2000: Ord. 3618 § 53, 1991)

Chapter 7.08 DOG AND CAT LICENSES AND PERMITS

7.08.010 Licenses--Required--Time limits.

7.08.030 Certificate of vaccination--Required.

7.08.040 Certificate of vaccination--Exemptions.

7.08.050 Right of entry for permit inspection.

7.08.060 License fees--Designated.

7.08.065 License fees--Reduced.

7.08.070 License fees--Guide dogs.

7.08.075 License fees--Time period expired.

7.08.080 Receipt and tag issuance--Replacement.

7.08.090 Tagging required--Misuse.

7.08.100 License--Term.

7.08.110 Administration.

7.08.120 License register.

7.08.130 License--Exemption.

7.08.140 Number of dogs permitted.

7.08.150 Dog fancier’s permit.

7.08.160 Number of cats permitted.

7.08.170 Cat fancier’s permit.

7.08.180 Pet fancier’s permit.

7.08.185 Ferrets--Number limited.

7.08.010 Licenses--Required--Time limits.

Every person, except a professional animal handler permit holder, owning, keeping, harboring or possessing within the City, any dog, cat or ferret over the age of four months shall, within thirty days after the animal attains the age of four months or is first brought into the City, obtain for the animal a current and valid license issued by the City.

(Ord. 5220 § 8, 2000: Ord. 3618 § 56, 1991)

7.08.030 Certificate of vaccination--Required.

Every person applying for a dog, cat or ferret license must exhibit a certificate of vaccination issued by a person licensed by this State, or by any other state or nation, to practice veterinary medicine, which shows that the animal has been vaccinated in accordance with the provisions of Chapter 7.12 and whether the animal is sterilized; provided that, as an alternative, the person may exhibit a current exemption-from-vaccination permit.

(Ord. 5220 § 9, 2000: Ord. 3618 § 58, 1991)

7.08.040 Certificate of vaccination--Exemptions.

The owner of any dog, cat or ferret may obtain for the animal an exemption-from-vaccination permit from the Animal Regulation Officer, provided that:

(A) The animal is confined at all times;

(B) The facilities for confinement have been inspected and approved by an Animal Control Officer;

(C) A fee of twenty-five dollars is paid for such inspection and permit per animal per year; and

(D) The owner provides a written statement, issued by a licensed veterinarian of this State, showing cause why the animal should not be vaccinated.

(Ord. 5220 § 10, 2000: Ord. 3618 § 59, 1991)

7.08.050 Right of entry for permit inspection.

Any person required to obtain any permit under any of the provisions of this Title shall permit their premises to be inspected by the Animal Control Officer at any time.

(Ord. 3618 § 60, 1991)

7.08.060 License fees--Designated.

Except as otherwise provided in Section 7.08.065, the following annual fees shall be paid for each license at the time of issuance of the license for each dog, cat or ferret:

Classification

Fee

(A) Dog, male

$25.00

(B) Dog, male, neutered

10.00

(C) Cat, male

25.00

(D) Cat, male, neutered

10.00

(E) Dog, female

25.00

(F) Dog, female, spayed

10.00

(G) Cat, female

25.00

(H) Cat, female, spayed

10.00

(I) Ferret, male

25.00

(J) Ferret, male, neutered

10.00

(K) Ferret female

25.00

(L) Ferret, female, spayed

10.00

(Ord. 5220 § 11, 2000: Ord. 5037 § 1, 1997: Ord. 5005 § 2, 1997: Ord. 3618 § 61, 1991)

7.08.065 License fees--Reduced.

The twenty-five dollar and ten dollar license fees described in Section 7.08.060 shall be reduced to fifteen dollars and five dollars, respectively, for any owner who:

(A) Is not required by this Chapter to obtain a dog fancier’s permit, a cat fancier’s permit or a pet fancier’s permit; and

(B) Is either:

(1) Sixty-five years of age or older; or

(2) Qualified to receive disability benefits under Social Security or an equivalent disability retirement program.

(Ord. 5037 § 2, 1997)

7.08.070 License fees--Guide dogs.

The fee provisions of Section 7.08.060 shall not apply to a dog which has been trained and is actually being used to act as a guide for the blind or deaf.

(Ord. 5005 § 2, 1997: Ord. 3618 § 62, 1991)

7.08.075 License fees--Time period expired.

In addition to the license fees set forth in Section 7.08.060, the City is authorized to charge a late fee of five dollars in connection with the issuance of a license that was not obtained within the thirty-day period described in Section 7.08.010.

(Ord. 5497 § 1, 2002)

7.08.080 Receipt and tag issuance--Replacement.

Each person paying the license fee under Section 7.08.060 shall receive a receipt stating the amount, date of payment, a brief description of the animal and, except as provided in Section 7.08.090(C), a numbered license tag of a durable material. If the tag is lost, the owner shall, within ten days from the date of the discovery of loss, procure a new numbered tag and pay the fee of five dollars therefor.

(Ord. 5220 § 12, 2000: Ord. 3618 § 63, 1991)

7.08.090 Tagging required--Misuse.

(A) The owner of any dog, cat or ferret licensed under this Chapter shall securely fasten about the neck of the animal a collar which has attached thereto the license tag referred to in Section 7.08.080.

(B) It is unlawful for any person to:

(1) Remove any license tag issued pursuant to Section 7.08.080 from any animal not owned by that person, or not lawfully in his possession or under his control or care;

(2) Place on any animal, or to permit any animal in his control or possession to wear any license tag which has not been issued pursuant to this Chapter for that particular animal; or

(3) Place on any animal, or to own, keep, or possess any animal wearing, any counterfeit, imitation, or altered license tag of the kind required by this Chapter.

(C) As an alterative to obtaining a license tag for, and attaching it to, a ferret, the owner may have an electronic identification microchip implanted under the skin of the ferret if the manufacturer of the microchip has been approved by the Animal Regulation Officer and the implantation conforms to procedures recommended by the manufacturer.

(Ord. 5220 § 13, 2000: Ord. 3618 § 64, 1991)

7.08.100 License--Term.

Each dog, cat or ferret license issued by the City shall be effective for one year following its issuance or until there is a change in ownership of the animal, in which case the new owner has thirty days from the date of the transfer of possession to obtain a new annual license, and to pay all applicable fees. In addition to the license fees set forth in Section 7.08.060, the City is authorized to charge a late fee of five dollars in connection with the issuance of a license that was not obtained within thirty days after a license has expired or ownership of an animal has been transferred.

(Ord. 5497 § 2, 2002: Ord. 5220 § 14, 2000: Ord. 5005 § 3, 1997: Ord. 3618 § 65, 1991)

7.08.110 Administration.

The licensing functions and duties shall be performed by the Director of the Department of Detention and Enforcement or his authorized representative.

(Ord. 3618 § 66, 1991)

7.08.120 License register.

The City shall keep a register of all issued licenses showing for each license:

(A) The name, current address, and telephone number, if any, of the person to whom the license was issued;

(B) Date of issuance;

(C) Description of the dog, cat or ferret;

(D) The number of the license tag, or the manufacturer and identifying information for any electronic microchip which is used in lieu of a license tag; and

(E) The expiration date of the most recent vaccination for rabies.

(Ord. 5220 § 15, 2000: Ord. 3618 § 67, 1991)

7.08.130 License--Exemption.

The provisions of this Chapter relating to licensing shall not apply to dogs, cats or ferrets under four months of age, provided that they are not running at large.

(Ord. 5220 § 16, 2000: Ord. 3618 § 68, 1991)

7.08.140 Number of dogs permitted.

Except as otherwise provided in Section 7.08.150, no person shall keep more than three dogs over three months of age, at any place, on any premises, or in any one residence, located within the City.

(Ord. 3618 § 69, 1991)

7.08.150 Dog fancier’s permit.

A dog fancier may keep and maintain on his property a maximum of six adult dogs, provided that such person has first obtained from the Animal Regulation Officer a dog fancier’s permit for said dogs and has paid the annual fee in the amount of fifty dollars, which cost shall include inspection. Any such permit, if granted, shall be subject to such conditions as may be prescribed by the Animal Regulation Officer or the County Health Officer, to prevent the keeping of the dogs from becoming a nuisance. Any person who meets the provisions of this Section and has in his or her possession, with respect to said dogs, a valid dog fancier’s permit, as described herein, need not have the property where the dogs are maintained rezoned in order to be allowed to keep and maintain such dogs thereon.

(Ord. 3618 § 70, 1991)

7.08.160 Number of cats permitted.

Except as otherwise provided in Section 7.08.170, no person shall keep more than three cats over four months of age, at any place, or on any premises, or in any one residence, located within the City.

(Ord. 3618 § 71, 1991)

7.08.170 Cat fancier’s permit.

A cat fancier may keep and maintain on his property a maximum of six adult cats, provided such person has first obtained from the Animal Regulation Officer a cat fancier’s permit for said cats and has paid the annual fee in the amount of fifty dollars, which cost shall include inspection. If granted, such permit shall be on such conditions as may be deemed necessary or advisable and as prescribed by the Health Officer to prevent the keeping of any and all such cats from becoming a nuisance. All cat fanciers meeting the provisions of this Section and having a cat fancier’s permit as described herein need not have the property where the cats are so maintained.

(Ord. 3618 § 70, 1991)

7.08.180 Pet fancier’s permit.

A pet fancier may own, keep or possess on his or her property not more than six spayed or neutered dogs over one year of age or twelve spayed or neutered cats over eight months of age, or any combination thereof if the number of dogs does not exceed six and the combined number of animals does not exceed twelve, provided that the pet fancier has obtained from the Animal Regulation Officer a pet fancier’s permit. The pet fancier shall obtain a pet fancier’s permit from the Animal Regulation Officer each and every twelve-month period. The Animal Regulation Officer shall issue the pet fancier’s permit only after inspecting the applicant’s property and determining that the dogs or cats, or both, will be safely confined in a completely enclosed building, residence or enclosed lot and do not pose a nuisance to the public. As a part of the application process, the Animal Control Officer shall notify all property owners contiguous to the applicant’s property that the applicant has applied for a pet fancier’s permit. The cost of the inspection and permit shall be fifty dollars. A pet fancier who has obtained a pet fancier’s permit need not have his or her property rezoned for the purpose of owning, keeping or possessing such pets.

(Ord. 3642 § 4, 1992)

7.08.185 Ferrets--Number limited.

No person shall keep more than three ferrets over four months of age at any residence or premises within the City.

(Ord. 5220 § 17, 2000)

Chapter 7.12 VACCINATION

7.12.005 Rabies control authority designated.

7.12.010 Rabies vaccination--Required--When.

7.12.020 Other vaccinations.

7.12.030 Revaccination requirements.

7.12.040 Tag and certificate.

7.12.050 Certificate form.

7.12.060 Other animals.

7.12.005 Rabies control authority designated.

The Animal Regulation Officer shall serve as the City’s Rabies Control Authority. The Rabies Control Authority is authorized to issue citations to the owner of any dog, cat or ferret that is not vaccinated against rabies as prescribed in Section 441A.435 of the Nevada Administrative Code (NAC). The only acceptable proof of vaccination is a certificate of vaccination of rabies issued pursuant to NAC 441A.440.

(Ord. 5220 § 18, 2000)

7.12.010 Rabies vaccination--Required--When.

(A) Any person owning, keeping, harboring or possessing a dog, cat or ferret within the City shall cause said animal to be vaccinated with a rabies vaccine within thirty days after the animal reaches the age of three months. Any person subsequently owning, keeping, harboring or possessing an animal within the City which has already reached the age of three months shall cause said animal to be vaccinated with a rabies vaccine within thirty days after the dog, cat or ferret came into the possession or under the control of that person, if the animal has not been previously vaccinated for rabies.

(B) Any person owning, keeping, harboring or possessing a dog, cat or ferret which was initially vaccinated for rabies in a jurisdiction other than the City while the animal was between the ages of three months and twelve months shall cause that dog, cat or ferret to be vaccinated one year after that vaccination in accordance with the requirements of Section 7.12.030.

(C) Any person owning, keeping, harboring or possessing a dog, cat or ferret which was vaccinated for rabies in a jurisdiction other than the City after the animal reached the age of twelve months is temporarily exempt from the requirements of having the animal revaccinated, pursuant to Section 7.12.030, for the effective period of the vaccine which was used in that vaccination, as stated by the manufacturer of the vaccine, measured from the date of such vaccination; provided, however, that no such animal will be exempt from the requirements of revaccination contained in Section 7.12.030 for more than three years, in the case of dogs and cats, and one year, in the case of ferrets after the date of such vaccination, regardless of the effective period of the vaccine. Any vaccination of a dog, cat or ferret for rabies which has occurred in a jurisdiction other than the City must:

(1) Have been by a person licensed to practice veterinary medicine within that jurisdiction; and

(2) Be evidenced by a Certificate of Vaccination which contains the information required in Section 7.12.050, in order for the person owning, keeping, harboring or possessing the dog, cat or ferret to be entitled to the temporary exemption provided for herein.

(Ord. 5220 § 19, 2000: Ord. 3618 § 75, 1991)

7.12.020 Other vaccinations.

Vaccinations, other than rabies vaccinations, may be required of any animal according to veterinarian recommendation, but only upon adequate notice to such person owning, harboring, keeping, or possessing such animal.

(Ord. 3618 § 76, 1991)

7.12.030 Revaccination requirements.

(A) Every person owning, keeping, harboring or possessing a dog or cat within the City which was initially vaccinated for rabies between the ages of three months and twelve months shall have his dog or cat revaccinated one year after the initial vaccination, and thereafter shall be revaccinated at least every three years with a vaccine effective for a minimum of three years.

(B) Every person owning, keeping, harboring or possessing a ferret within the City shall have his ferret revaccinated on an annual basis with a vaccine effective for a minimum of one year.

(Ord. 5220 § 20, 2000: Ord. 3618 § 77, 1991)

7.12.040 Tag and certificate.

Every veterinarian who vaccinates a dog, cat or ferret with rabies vaccine shall issue to the person owning, keeping, harboring, or possessing that animal within the City, a numbered tag of durable material with the name and phone number of his veterinarian clinic thereon, and shall issue a certificate of vaccination, substantially as reproduced in blank in Section 7.12.050. The certificate shall be prepared in triplicate with the original to the owner of the animal, a copy to the Animal Regulation Officer and a copy to be kept in the veterinarian’s records for a period of not less than three years.

(Ord. 5220 § 21, 2000: Ord. 3618 § 78, 1991)

7.12.050 Certificate form.

The certificate of vaccination contemplated in Section 7.12.040 shall be substantially as follows:

Certificate of Vaccination

Rabies Tag No.__________

Owner_________________________

Date vaccinated_______________

Street_________________________

City_______________ State_____ Zip__________

Owner’s Telephone Number_______________

Dog/Cat/Ferret__________ Name_______________

Breed_______________ Color_______________

Markings_________________________

Weight_____ Sex_____ Spayed_____ Neutered_____

Age:

3 mo. to 12 mo. [_____ (1 year vaccination)

12 mo. or older [_____] (multi-year vaccination)

Actual age of animal_____

Vaccine Serial Number__________

Producer____________________

By_____________________________,

Licensed Veterinarian

Veterinarian’s License No.__________

Address_________________________

Telephone Number_______________

(Ord. 5220 § 22, 2000: Ord. 3618 § 79, 1991)

7.12.060 Other animals.

The same vaccination procedure and exemption shall apply to other animals if the Animal Regulation Officer or his designee shall deem this prudent to ensure the safety of the public.

(Ord. 3618 § 80, 1991)

Chapter 7.16 DANGEROUS ANIMALS

7.16.010 Vicious animals at large--Misdemeanor.

7.16.020 Vicious animals--Ownership unlawful.

7.16.030 Vicious animals--Ownership permitted when.

7.16.040 Permit revocation conditions.

7.16.050 Criminal complaint--Animal Advisory Committee.

7.16.010 Vicious animals at large--Misdemeanor.

(A) Except as otherwise provided in Subsection (B) of this Section:

(1) An animal may be declared dangerous by the Animal Regulation Officer if it constitutes a physical threat to human beings or to other animals and, on two separate occasions within eighteen months:

(a) It behaves menacingly to a degree that would lead a reasonable person to defend himself against substantial bodily harm; or

(b) It bites a person, but without causing substantial bodily harm.

(2) An animal may be declared dangerous by the Animal Regulation Officer if it constitutes a physical threat to human beings or to other animals and, without regard to any previous behavior:

(a) It is used in the commission of a crime by its owner or keeper;

(b) While either at large or restrained, it causes serious injury or death to another animal that is not at large or is not otherwise in violation of this Title; or

(c) It exhibits a condition or behavior which causes the Animal Regulation Officer to believe the animal is a threat to public safety.

(3) An animal may be declared vicious by the Animal Regulation Officer if it constitutes a physical threat to human beings or to other animals and:

(a) It has killed or inflicted substantial harm upon a human being or other animal; or

(b) After having previously been declared dangerous, with notice of the declaration having been provided to the owner or keeper, it continues to exhibit the same type of behavior which resulted in the declaration, or is in violation of the provisions of Section 7.16.030.

(B)(1) An animal may not be declared dangerous pursuant to this Section for constituting a physical threat:

(a) To another animal which, or person who, provoked the animal as a result of and to the extent of the provocation;

(b) To another animal which, or person who, was unlawfully upon premises owned or occupied by the owner or keeper of the animal constituting the threat;

(c) To another animal which was running at large or otherwise in violation of this Title; or

(d) In connection with its use by law enforcement officers in the performance of their duties.

(2) An animal may not be declared vicious pursuant to this Section for constituting a physical threat:

(a) To another animal which, or person who, provoked the animal, as a result of and to the extent of the provocation;

(b) To another animal which, or person who, was unlawfully upon premises owned or occupied by the owner or keeper of the animal constituting the threat; or

(c) In connection with its use by law enforcement officers in the performance of their duties.

(Ord. 5220 § 23, 2000: Ord. 3618 § 83, 1991)

7.16.020 Vicious animals--Ownership unlawful.

It shall be unlawful for:

(A) Any person to knowingly possess, house, shelter, quarter, own or in any other way have under his control, or to transfer ownership of, a vicious or dangerous animal within the City, except as provided in this Chapter; or

(B) The owner, or any person having possession, custody or control, of a dangerous or vicious animal to permit the animal to be at large.

(Ord. 5220 § 24, 2000: Ord. 3618 § 84, 1991)

7.16.030 Vicious animals--Ownership permitted when.

Any animal which is declared to be dangerous by the Animal Regulation Officer may be kept within the City, provided that:

(A) Within fourteen days after the owner or keeper is notified of the declaration, the area in which the owner or keeper intends to keep the animal must pass an inspection by the Animal Regulation Officer, and the owner or keeper must obtain from the Animal Regulation Officer a permit to keep the animal, based upon such terms and conditions as the Animal Regulation Officer deems appropriate. A nonrefundable inspection fee of fifty dollars will be charged the owner or keeper. For purposes of this Subsection (A), notice of the declaration shall be deemed complete if it is served personally, or upon mailing by certified mail, return receipt requested, sent to the last known address of the owner or keeper.

(B) The animal shall be kept, confined or housed within an enclosure:

(1) That will ensure the animal’s retention and comfort, is of a size to permit the animal to stand upright, and is of a dimension deemed adequate by the Animal Regulation Officer; and

(2) That is secure enough so that the animal cannot bite, harm or injure anyone by overreaching the top of the fence or other enclosure.

(C) At no time shall the animal be allowed to leave the private property confines of the owner or person in charge of the animal unless it is muzzled, leashed and under the effective control of an adult.

(D) The private property shall be adequately and properly posted with conspicuous warning signs, with a listing of the name and telephone number of the owner of the animal.

(E) The animal must be sterilized by a licensed veterinarian. The owner or keeper shall maintain all sterilization records, including the type of animal sterilized, the name of the veterinarian performing the procedure, and the date the sterilization was performed.

(F) The animal shall be implanted with an electronic microchip from a manufacturer approved by the Animal Regulation Officer. The implantation must be performed by a licensed veterinarian and must conform to procedures recommended by the manufacturer. The owner or keeper shall register the microchip number in a national database in accordance with instructions from the manufacturer, and shall provide the number to the Animal Control Officer.

(G) The owner or keeper shall obtain and maintain in effect a policy of liability insurance in the amount of not less than fifty thousand dollars insuring against possible injuries inflicted by the dangerous animal. The liability insurance shall be maintained in effect as long as the owner or keeper maintains possession of the dangerous animal.

(H) The owner of a dangerous animal may not sell, relocate or give away the animal without first obtaining prior written approval from an Animal Control Officer. If such a transaction is approved, the owner or transferee shall pay a nonrefundable inspection fee of fifty dollars for inspection of the new location for the animal. The owner or transferee shall also have the national microchip number updated in the national database to reflect the change in ownership, and shall provide evidence of the update to the Animal Control Officer.

(Ord. 5497 § 3, 2002: Ord. 5220 § 26, 2000: Ord. 3618 § 85, 1991)

7.16.040 Permit revocation conditions.

(A) Any permit issued under Section 7.16.030 shall be revoked if the animal, without provocation, bites or attempts to bite any person or animal lawfully upon the permit holder’s property or upon any other property.

(B) Any person who keeps a dangerous animal after his permit has been revoked or any person who keeps, houses, quarters, or in any way has under his care or custody a dangerous animal without first obtaining a permit as set forth in Section 7.16.030 is guilty of a misdemeanor.

(Ord. 5220 § 27, 2000: Ord. 3618 § 86, 1991)

7.16.050 Criminal complaint--Animal Advisory Committee.

(A) The owner or keeper of any animal declared vicious by the Animal Regulation Officer shall be notified by personal service or by certified mail, return receipt requested, sent to the last known address of the owner or keeper. Within ten days after notice has been served personally or deposited in the mail, the owner or keeper shall voluntarily transfer possession of the animal to the Animal Regulation Officer and do one of the following:

(1) Voluntarily relinquish ownership of the animal for euthanasia in accordance with the provisions of LVMC 7.20.040;

(2) Provide written proof to the Animal Regulation Officer that the animal has been euthanized by a properly licensed veterinary clinic; or

(3) File with the Animal Regulation Officer a written request for hearing before the Animal Advisory Committee to determine if the declaration that the animal is vicious should be upheld. The owner or keeper may not maintain possession of the animal during the hearing process.

(B) If a hearing is requested within the specified time period, the Animal Regulation Officer shall convene the Animal Advisory Committee no later than forty-five days after receipt of the written request for hearing. The Animal Advisory Committee shall act expeditiously to decide the matter and may:

(1) Uphold the vicious animal declaration;

(2) Recommend that the owner or keeper obtain a dangerous animal permit, if appropriate; or

(3) Take such other action as it deems appropriate.

(C) If the Animal Advisory Committee upholds the vicious animal declaration, the Animal Regulation Officer may proceed to destroy the animal, but not until at least ten days have elapsed from the date the owner or keeper receives notice of the decision. Within that ten-day period, the owner or keeper of the animal shall have the right to seek appropriate relief in the Municipal Court.

(D) As an alternative to the procedure set forth in Subsections (A) through (C) of this Section, the question of whether an animal should be declared vicious may be referred to the Animal Advisory Committee by the Municipal Court in connection with the filing and processing of a criminal complaint. The Committee shall hold an informal hearing and report its findings and recommendations to the Court. If a defendant is found guilty of violating this Title and the Committee recommends that the animal be destroyed, the Court may order the destruction of the animal as part of the defendant’s sentence. The Court is not bound by any recommendations of the Committee and may in its discretion order that an animal be destroyed notwithstanding a contrary recommendation by the Committee.

(Ord. 5220 § 28, 2000: Ord. 3618 § 87, 1991)

Chapter 7.20 IMPOUNDMENT

7.20.010 Impoundment authorized when--Release conditions.

7.20.020 Copulating season--Confinement required--Impoundment.

7.20.030 Copulating season--Charges--Release to owner.

7.20.035 Feral cats.

7.20.040 Voluntary impoundment.

7.20.050 Animal Control Officer duties.

7.20.060 Right of entry.

7.20.070 Means of capture.

7.20.080 Holding period--Fees--Release or destruction of animals.

7.20.090 Release--Conditions.

7.20.100 Release--Adoption.

7.20.110 Release--Vaccination required.

7.20.120 Release--Rabies suspicion.

7.20.130 Determination of owner indigency.

7.20.010 Impoundment authorized when--Release conditions.

(A) Unless otherwise directed by the Animal Regulation Officer, and subject to the provisions of Subsection (B), any dog or cat running at large wearing a current City license tag as required by this Title may be returned to its owner by the Animal Control Officer if the dog or cat:

(1) Is captured within a one mile radius of the owner’s residence;

(2) Has not previously been returned to its owner pursuant to this Subsection within the past six months; and

(3) The owner is home and willing to take possession of the dog or cat, and the dog or cat can be secured at the residence of the owner.

(B) Any dog or cat running at large may be impounded by the Animal Control Officer at the Animal Control Center if the dog or cat:

(1) Does not qualify to be returned to its owner pursuant to Subsection (A);

(2) Is afflicted or suspected of being afflicted with rabies;

(3) Has a history of biting;

(4) Is a vicious animal; or

(5) Is sick or injured and the owner cannot be personally contacted or is unable to take immediate possession of the dog or cat.

(C) Upon proof of ownership, the owner shall be able to remove the dog or cat from impoundment, subject to the provisions of LVMC 7.20.080, upon payment of an impound fee of twenty-five dollars plus payment of boarding fees of five dollars per day or part thereof; provided, however, these impound and boarding fees may be waived or partially waived if the owner is indigent and qualifies, pursuant to regulations adopted by the Animal Regulation Officer, for such waivers. Fees paid pursuant to this Subsection shall go to the credit of the City.

(D) If any such animal is licensed and the license tag has been lost, the same shall, before the release of the animal from the Animal Control Center, be replaced at the expense of the owner at a cost of five dollars, payable to the Animal Regulation Officer.

(E) If such dog or cat is unlicensed, its release shall be conditioned upon the delivery of a certificate of vaccination to the Animal Regulation Officer, and the payment to said Animal Regulation Officer of the license fee in accordance with the provisions of this Title, whereupon such owner so reclaiming such dog or cat shall be entitled to a license and numbered license tag.

(F) If the dog or cat is unvaccinated, the owner shall also be required to have the dog or cat vaccinated prior to release.

(Ord. 4091 § 1, 1997: Ord. 3618 § 90, 1991)

7.20.020 Copulating season--Confinement required--Impoundment.

It is unlawful for the owner of any female dog or cat to suffer, permit, or allow their dog or cat to run at large while the dog or cat is in its copulating season, and the owner of such female dog or cat shall keep the same secured upon his premises in an adequately enclosed area or in a boarding kennel so that other dogs or cats shall not have access thereto. Every female dog or cat which is not kept in conformance with this Section shall be immediately seized and impounded in the Animal Control Center and held subject to the provisions of this Chapter.

(Ord. 3618 § 91, 1991)

7.20.030 Copulating season--Charges--Release to owner.

(A) The fee for impounding such dog or cat as provided in Section 7.20.020 shall be fifty dollars, plus five dollars per day or any part thereof, twenty-five dollars of which can, at the option of the owner, be applied toward the spaying of the dog or cat at a veterinarian of the owner’s choice if the spaying is performed within ninety days. The Animal Regulation Officer shall forward the thirty-five dollars to the veterinarian upon the latter’s proof of the spaying of the dog or cat. Should the owner opt not to have the spaying performed, the entire fifty dollars shall be retained by the City.

(B) If a dog or cat running at large in copulating season is captured by the Animal Regulation Officer for the second time within a five-year period of the first capture in copulating season, then a fine of one hundred dollars plus five dollars per day for any time over twenty-four hours shall be levied by the City with the same option of spay to the owner of the dog or cat as on the first capture.

(C) All subsequent captures in copulating season within a five-year period of the first capture shall cause a fine of one hundred fifty dollars plus five dollars per day for any time over twenty-four hours to be levied by the City with the same option to the owner of the dog or cat as on the first capture.

(Ord. 3618 § 92, 1991)

7.20.035 Feral cats.

(A) Notwithstanding any other provision of this Title, a duly recognized animal welfare society, humane organization or animal clinic, in order to encourage the stabilization of the feral cat population in the City, may, at its own expense, do the following with respect to a feral cat:

(1) Trap the animal in a humane manner;

(2) Have the cat properly sterilized and vaccinated for rabies; and

(3) Release the cat either:

(a) To an Animal Control Officer for adoption or other disposition in accordance with law, or

(b) To a responsible person who is willing to:

(i) On a regular and ongoing basis, provide the cat with food, water, shelter and, when necessary, medical care;

(ii) Maintain a record of the cat’s sterilization and vaccination; and

(iii) Revaccinate the cat for rabies in accordance with Section 7.12.030 and provide other vaccinations as may be required by the Health Officer according to veterinarian recommendation.

(B) The licensing requirements of this Title shall not apply to any cat that has been released pursuant to Subsection (A) and to the extent that:

(1) The releasing organization has notched the ear of the cat or otherwise identified it as a feral cat that has been properly sterilized and vaccinated;

(2) The releasing organization has created and maintains a record of the release, and has notified the Animal Regulation Officer in writing of the location of the cat and to whom it was released, unless it was released to the Animal Regulation Officer; and

(3) The person to whom the cat is released maintains and makes available for inspection, upon request, a record of the cat’s sterilization and vaccination.

(C) The Animal Control Officer may impound any feral cat if:

(1) The cat poses a threat to public safety or health by reason of a disease or condition which may be transmitted to other animals or humans;

(2) The cat becomes a public nuisance as described in Chapter 7.36; or

(3) With respect to that cat, the releasing organization or the person to whom the cat is released fails to comply with the requirements of this Section.

(Ord. 5220 § 29, 2000: Ord. 3733 § 1 1993)

7.20.040 Voluntary impoundment.

(A) Any animal brought to the Animal Control Center by any person purporting to be the owner thereof, to be impounded or destroyed, shall be kept by the designated Animal Control Center for a period not less than twenty-four hours after impoundment and before disposition as required by law; the person purporting to be the owner of said animal shall pay a reasonable fee to be determined by the Animal Regulation Officer to personnel of the Animal Control Center upon the delivery of said animal.

(B) Any sick or injured animal impounded may be euthanized at any time after impoundment, if, in the professional judgment and certification of a veterinarian, inhumane suffering may be prevented thereby.

(C) Litters of animals up to three months of age and the nursing mothers thereof impounded by the owner for purposes of adoption may be made available for adoption by the public immediately after impoundment.

(Ord. 3618 § 93, 1991)

7.20.050 Animal Control Officer duties.

The Animal Control Officer shall capture any large or dangerous dog or cat found running at large within the City.

(Ord. 3618 § 94, 1991)

7.20.060 Right of entry.

The Animal Control Officer or any Peace Officer shall have the right for just cause to enter upon any private or public property in the City in order to examine or capture any animal thereon or therein; provided, however, that no such officer shall have the right to enter a house or structure which is in use as a residence without having first secured a search warrant therefor.

(Ord. 3618 § 95, 1991)

7.20.070 Means of capture.

The Animal Regulation Officer and any Animal Control Officer shall have the authority, when deemed reasonably necessary, to utilize any weapon, device or substance in order to apprehend, capture, control, or subdue any animal running at large, or considered to be a threat to persons or property in the immediate area.

(Ord. 3618 § 96, 1991)

7.20.080 Holding period--Fees--Release or destruction of animals.

(A) Any animal impounded in the Animal Control Center as provided in this Title shall be kept for a minimum of seventy-two hours; provided, however, that any such animal may, after the first seventy-two hours, be released to any person who shall pay all reasonable veterinary medical costs incurred by the City and any other appropriate fees as provided in this Title; however, that if ownership is proven, the owner may pick up the animal at any time contingent on compliance with all provisions of this Title.

(B) If the ownership of an animal is not proven or if such animal is not released pursuant to Subsection (A) of this Section within seventy-two hours, or within the ten-day period of observation for rabies as provided in Chapter 7.24, the animal may be destroyed in a humane manner in compliance with and pursuant to the provisions of Sections 7.32.260 through 7.32.290, under the direction of the Animal Regulation Officer.

(C) If the animal is on a court or Animal Regulation Officer’s hold to determine if the animal is vicious, the owner must pay the impound fee of twenty-five dollars plus payment of boarding fees of ten dollars per day or any part thereof until the animal has been released. Payment shall go to the credit of the City.

(D) Any sick or injured animal may be euthanized at any time after impoundment if inhumane suffering may be prevented in the professional judgment and certification of the shelter services or contracted veterinarian.

(E) Any feral cat impounded in the Animal Control Center may be euthanized after forty-eight hours if the cat has been deemed feral by both the shelter services veterinarian and an Animal Control Officer.

(Ord. 5220 § 30, 2000: Ord. 3618 § 97, 1991)

7.20.090 Release--Conditions.

No dog or cat so impounded shall be released to any person except upon performance of the following conditions:

(A) There has been presented to the Animal Regulation Officer a current license for such dog or cat issued by the City, County or one of their political subdivisions, or a current license from any other state or nation, or a political subdivision of the same, by the person owning or possessing such dog or cat;

(B) Where the person owning, keeping, harboring, or possessing such dog or cat is a resident of the City and the dog or cat is unlicensed, there has been paid to the Animal Regulation Officer the license fee for a City dog or cat license as provided by law;

(C) There has been paid all appropriate licensing and certification fees as provided by law;

(D) The Animal Regulation Officer has determined that such dog or cat does not have or is not reasonably suspected of having rabies.

(Ord. 3618 § 98, 1991)

7.20.100 Release--Adoption.

Before the release of any animal by way of an adoption, an adoption fee, plus the cost of sterilization and rabies vaccination, will be paid to the Animal Regulation Officer. All dogs and cats older than four months must be sterilized prior to being released for adoption from the Animal Control Center.

(Ord. 3618 § 99, 1991)

7.20.110 Release--Vaccination required.

After the animal has been vaccinated, or the fee for vaccination has been paid, and if all the conditions of this Title have been satisfied, the Animal Control Officer shall release such dog or cat to the owner, or to the person applying for the release of such animal as herein provided.

(Ord. 3618 § 100, 1991)

7.20.120 Release--Rabies suspicion.

If the Animal Control Officer suspects that any dog or cat so impounded has rabies, he shall hold such animal for inspection by a veterinarian. In the event that such animal is afflicted with rabies, it shall be disposed of or confined for such time as the Health Officer shall direct. Whenever the veterinarian determines that such dog or cat does not have rabies, it shall be released as provided herein.

(Ord. 3618 § 101, 1991)

7.20.130 Determination of owner indigency.

For the purposes of this Title, a dog or cat owner is deemed to be indigent if his or her annual income is at or below the poverty threshold established by the Census Bureau of the United States Department of Commerce for the year in question.

(Ord. 4091 § 2, 1997)

Chapter 7.24 RABIES PREVENTION AND QUARANTINE

7.24.010 Quarantine authority generally.

7.24.020 Biting animal--Reporting.

7.24.030 Biting animal--Confinement if vaccinated.

7.24.040 Biting animal--Confinement if unvaccinated.

7.24.050 Rabies suspect--Confinement and release conditions.

7.24.060 Rabies suspect--Impoundment--Destruction procedures.

7.24.070 Rabies suspect--Period of confinement.

7.24.080 Owner to report suspicion.

7.24.090 Bitten animals.

7.24.100 Right of entry.

7.24.110 Duty of Health and Animal Regulation Officers.

7.24.120 Animal bite record.

7.24.010 Quarantine authority generally.

The Health Officer may, by public notice and proclamation, quarantine any animal in any area of the City where he finds rabies or other disease to exist. During such quarantine period and until public notice of its termination has been given by the Health Officer, each animal in that area must be securely confined by its owner. All such designated animals found at large in that area during such period may be impounded, quarantined, or destroyed at the order of the Health Officer.

(Ord. 3618 § 104, 1991)

7.24.020 Biting animal--Reporting.

Any person, including the owner of an animal, who has knowledge that the animal has bitten a human being has a duty to promptly report the same to the Health Officer or the Animal Control Officer, and to provide all pertinent information requested by them.

(Ord. 5497 § 4, 2002: Ord. 3618 § 105, 1991)

7.24.030 Biting animal--Confinement if vaccinated.

(A) A home confinement may be approved by the Animal Control Officer. If the biting animal has been properly vaccinated against rabies, it shall be the duty of the person owning, possessing or having the care, custody and control of said animal to confine such animal separately and securely in an enclosed building or lot for a period of ten days, and shall comply with the terms and conditions of the home confinement approval by the Animal Control Officer. If the biting animal is considered vicious by the Animal Control Officer, the owner shall immediately relinquish custody of the animal upon demand by the Animal Control Officer, and the animal will be impounded at the Animal Control Center. In the event such animal develops any illness during such period of time, the owner or person having the care, custody, and control must promptly notify a veterinarian, who shall make such examination as he deems necessary and report to the Animal Control Officer in the event said animal is deemed to have rabies, and said animal shall be handled in accordance with the provisions hereof.

(B) The maximum period of confinement for observation of the vaccinated animal confined at the Animal Control Center shall be ten days, even if said animal is obtained from any other governmental entity, including, but not limited to, the State, the County, the City of North Las Vegas, the City of Henderson, and the City of Boulder City. If the animal is not released after the maximum ten-day period, as provided by law, it may be destroyed thereafter, except when the animal has a hold on it.

(Ord. 5497 § 5, 2002: Ord. 3618 § 106, 1991)

7.24.040 Biting animal--Confinement if unvaccinated.

(A) In the event the biting animal has not been vaccinated against rabies, said animal shall be confined, at the owner’s expense, separately, in either the animal quarters at the business premises of a veterinarian, at a commercial kennel, or in the City Animal Control Center for a period of ten days’ observation, and if not released as provided by law, may be destroyed thereafter. Such animal shall not be released before suitable provisions for vaccination and licensing have been made as set forth in this Title. If the biting animal is considered vicious by the Animal Control Officer, the animal will be impounded at the Animal Control Center.

(B) The maximum period of confinement for observation of the unvaccinated animal confined at the Animal Control Center shall be ten days, even if said animal is obtained from any other governmental entity, including, but not limited to, the State, the County, the City of North Las Vegas, the City of Henderson, and the City of Boulder City. If the animal is not released after the maximum ten-day period, as provided by law, it may be destroyed thereafter, except when the animal has a hold on it.

(Ord. 3618 § 107, 1991)

7.24.050 Rabies suspect--Confinement and release conditions.

(A) Upon the receipt by the Animal Control Officer of any animal believed to be afflicted with rabies, which has been bitten by any animal afflicted or suspected of being afflicted with rabies, or which has been exposed to the infection of rabies, the Animal Control Officer shall separately confine such animal and shall immediately notify a veterinarian and the Health Officer. The veterinarian or Health Officer shall thereupon make such examination of the animal as may be deemed necessary. If, upon such examination, it is determined that such animal is afflicted with rabies, the Animal Control Officer shall be so advised.

(B) It shall be the duty of the Animal Control Officer to keep such animal suspected of having rabies confined for such time as the veterinarian or Health Officer may direct, and such animal shall not be redeemed or released except upon written order signed by the Health Officer. Such animal shall not be released before suitable provisions for vaccination and licensing have been made as set forth in this Title.

(C) The cost of all examinations shall be borne by the owner of said animal.

(Ord. 3618 § 108, 1991)

7.24.060 Rabies suspect--Impoundment--Destruction procedures.

It shall be the duty of the Animal Control Officer to impound any animal found in or upon any public street, alley or other public place, or in or upon any lot or premises, whether public or private, if such animal is known to have or suspected of having rabies, or known to have been bitten by any animal having or suspected of having rabies, and such animal shall be brought immediately before the Health Officer and a veterinarian for determination of whether the animal shall be destroyed or impounded. If destruction of the animal is required, destruction shall be accomplished in such manner as to preserve intact the head. Such head shall promptly and without delay be properly removed and packaged for shipment for laboratory analysis as prescribed by the Health Officer.

(Ord. 3618 § 109, 1991)

7.24.070 Rabies suspect--Period of confinement.

The maximum period of confinement for observation at the Animal Control Center of a animal known to have or suspected of having rabies shall be ten days, even if said animal is obtained from any other governmental entity, including, but not limited to, the State, the County, and the cities of North Las Vegas, Henderson, and Boulder City. If the animal is not released after the maximum ten-day period, as provided by law, it may be destroyed thereafter. Any other animal known to have or suspected of having rabies shall be confined for observation at the Animal Control Center for such necessary period of time as shall be determined by the Health Officer, but in no event less than ten days.

(Ord. 3618 § 110, 1991)

7.24.080 Owner to report suspicion.

Whenever any person owning, possessing or having the custody or control of an animal shall observe or learn that such animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, he shall immediately notify a veterinarian or the Health Officer to make an inspection or examination of such animal until it shall be established to the satisfaction of said veterinarian or Health Officer that such animal has or does not have rabies. There shall be immediate notification to the Health Officer and the Animal Regulation Officer of any animal which dies during quarantine and any such animal shall be preserved for laboratory analysis.

(Ord. 3618 § 111, 1991)

7.24.090 Bitten animals.

Whenever any animal is bitten by another animal suspected of having rabies, the owner of the bitten animal and the owner of the biting animal shall immediately notify the Health Officer and the Animal Control Officer who, in their discretion, may quarantine such animals for a period to be determined and in such manner as prescribed by the Health Officer.

(Ord. 3618 § 112, 1991)

7.24.100 Right of entry.

The Health Officer is hereby empowered to enter upon any private or public property for the purpose of ascertaining whether any animal kept or harbored therein is afflicted with rabies.

(Ord. 3618 § 113, 1991)

7.24.110 Duty of Health and Animal Regulation Officers.

If it shall appear to the Health Officer or Animal Control Officer that an animal has rabies, he shall forthwith impound for observation such animal until released by the Health Officer.

(Ord. 3618 § 114, 1991)

7.24.120 Animal bite record.

It shall be the duty of the Animal Regulation Officer to keep an accurate record of all reports of animal bites, including the place of occurrence, time of report, person making the report, disposition of the case, and such other information as may be required by the Animal Regulation Officer or the Health Officer. Each such case shall be investigated and the animal properly dealt with in accordance with the provisions of this Chapter.

(Ord. 3618 § 115, 1991)

Chapter 7.28 ANIMAL CLINIC

7.28.010 Establishment--Purpose.

7.28.020 Consent for services--Liability waiver.

7.28.030 Pickup date--Board and care charges.

7.28.010 Establishment--Purpose.

The City Council is hereby authorized and empowered to establish or designate a clinic to perform low-cost spays, neuters and health inoculations on, and administer birth-control drugs or devices to, animals belonging to the general public. The clinic is authorized to charge reasonable fees for those services in amounts established:

(A) By the Animal Regulation Officer, if the clinic is operated by the City; or

(B) Otherwise, in accordance with an agreement between the City and the operator of the clinic.

(Ord. 5497 § 6, 2002: Ord. 3618 § 116, 1991: Ord. 1777 § 2 (part), 1975: prior code § 6-2-8 (A))

7.28.020 Consent for services--Liability waiver.

(A) A person submitting an animal for such services shall sign a consent form stating thereon that he or she is the owner of said animal or is otherwise authorized to present the animal for the services contemplated in Section 7.28.010 and such person may be required to furnish proof of such ownership or authority.

(B) Such consent shall contain a waiver and indemnity from any and all liability of the City and any City employees, agents or servants for any injury or death to an animal arising out of the aforementioned operations or services provided thereto.

(Ord. 1777 § 2 (part), 1975: prior code § 6-2-8 (B))

7.28.030 Pickup date--Board and care charges.

The clinic shall establish a return date by which the person submitting the animal for the above operations or services shall pick up said animal or otherwise be responsible for a reasonable board and care fee to commence after such return date. Failure to pick up an animal within seventy-two hours of said return date shall be deemed abandonment of such animal and the Animal Control Center may dispose of it according to law.

(Ord. 3618 § 117, 1991: Ord. 1777 § 2 (part), 1975: prior code § 6-2-8 (C))

Chapter 7.32 CRUELTY

7.32.010 Abandonment.

7.32.020 Protective care by officer.

7.32.030 Poisoning.

7.32.040 Placing injurious substances to harm animals.

7.32.050 Vehicle confinement--Open trucks.

7.32.060 Vehicle confinement--Responsible owner.

7.32.070 Vehicle confinement--Vehicle owner.

7.32.080 Vehicle confinement--Right of entry.

7.32.090 Found animal--Reporting.

7.32.100 Injury by vehicle--Motorist responsibility.

7.32.110 Keeping animals for fights--Shooting animals or birds.

7.32.120 Injury and overwork.

7.32.130 Sustenance deprivation.

7.32.130 Greyhound racing prohibited.

7.32.140 Riding or driving animals while intoxicated.

7.32.150 Reflectors for roadside travel.

7.32.160 Insufficient size of confinement area.

7.32.170 Trapping--Manner--Care while trapped.

7.32.180 Trapping--Disposal.

7.32.190 Crating or boxing.

7.32.200 Sale--Age requirements.

7.32.210 Sale--Business license required.

7.32.220 Use of animal--Advertisement purposes.

7.32.230 Amusement game--Target.

7.32.240 Dyeing or coloring baby animals.

7.32.250 Research or medical use.

7.32.260 Euthanasia--Permitted methods.

7.32.270 Euthanasia--Permit required.

7.32.280 Euthanasia--Inspection authority.

7.32.290 Animal Control Officer--Right of entry.

7.32.010 Abandonment.

It shall be unlawful for any person owning, possessing or having the care, custody and control of any animal, living or dead, to go away and leave without adequate care and control the same in a public street, road, alley, or any other public place, or upon the private property of himself or another.

(Ord. 5497 § 7, 2002: Ord. 3618 § 120, 1991)

7.32.020 Protective care by officer.

Whenever an Animal Control Officer finds that any animal is, or will be, without proper care, the Animal Control Officer may take such animal into his protective care; and in the event of sickness, injury or abuse of the animal, the Animal Control Officer may take any action to prevent undue pain and suffering, including impoundment or immediate destruction of the animal.

(Ord. 3618 § 121, 1991)

7.32.030 Poisoning.

It shall be a misdemeanor for any person unjustifiably to administer any poisonous drug or substance with intent that the same shall be taken by an animal, whether such animal is the property of himself or another, or whether said drug or substance is exposed upon such person’s property, the private property of another, or any public place; provided, that nothing herein shall be construed to prevent or restrict the Animal Regulation Officer or Health Officer in the exercise and performance of the powers and duties in this Title.

(Ord. 3618 § 122, 1991)

7.32.040 Placing injurious substances to harm animals.

It shall be a misdemeanor for any person to wilfully throw, drop or place, or cause to be thrown, dropped or placed upon any road, highway, street, alley or public place, or upon the private property of himself or another, any glass, nails, pieces of metal or other substance or device calculated to wound, disable or injure any animal.

(Ord. 3618 § 123, 1991)

7.32.050 Vehicle confinement--Open trucks.

It shall be a misdemeanor for any person to carry or enclose, or cause to be carried or enclosed, in or upon any vehicle any animal in a cruel or inhumane manner. It shall be a misdemeanor for any person to transport or convey any animal in the bed of an open pickup or similar open vehicle, without making provisions to prevent said animal from jumping or being thrown from said vehicle.

(Ord. 3618 § 124, 1991)

7.32.060 Vehicle confinement--Responsible owner.

No person having charge or custody of an animal, as owner or otherwise, shall place or confine such animal or allow such animal to be placed or confined or to remain in a motor vehicle under such conditions or for such period of time as may endanger the health or well-being of such animal due to heat, cold, lack of food or drink, or such other circumstances as may reasonably be expected to cause suffering, disability or death.

(Ord. 3618 § 125, 1991)

7.32.070 Vehicle confinement--Vehicle owner.

No person having dominion or control over a motor vehicle, as owner or otherwise, shall place or confine an animal or allow an animal to be placed or confined or to remain in a motor vehicle under such conditions or for such period of time as may endanger the health or well-being of such animal due to heat, cold, lack of food or drink, or such other circumstances as may reasonably be expected to cause suffering, disability or death.

(Ord. 3618 § 126, 1991)

7.32.080 Vehicle confinement--Right of entry.

Any peace officer or Animal Control Officer who finds an animal in a motor vehicle in violation of this Chapter may break and enter the motor vehicle causing the minimum damage necessary to safely remove the animal if necessary to remove the animal.

(A) The Officer removing the animal shall take the animal to the Animal Control Center or to a veterinary clinic for safekeeping and shall, in the event the person having custody cannot be otherwise contacted, leave in a prominent place in the motor vehicle a written notice bearing his name and office and the address where the animal may be claimed by the owner thereof.

(B) The animal will be surrendered to the owner if the owner claims the animal within five working days from the time the animal was removed from the motor vehicle and pays all applicable charges that have accrued for the maintenance of the animal.

(C) Any animal impounded in the Animal Control Center as provided in this Title shall be kept for a minimum of seventy-two hours. After that period, the animal may be released to any person, who shall pay all appropriate fees as provided in this Title.

(Ord. 5220 § 31, 2000: Ord. 3618 § 127, 1991)

7.32.090 Found animal--Reporting.

Each person who takes custody of any animal that is lost, abandoned, or apparently running at large, shall report the same to the Las Vegas Animal Control Center immediately after taking custody thereof. For purposes of this Section, an animal shall be considered to be abandoned if:

(A) The person having care, custody or control of the animal leaves the animal without adequate care or control on public or private property; or

(B) The animal has not been claimed by the agreed-upon time after having been boarded, groomed, trained, handled or cared for by a professional animal handler or veterinarian.

(Ord. 5497 § 8, 2002: Ord. 3618 § 128, 1991)

7.32.100 Injury by vehicle--Motorist responsibility.

(A) Every operator of any vehicle upon the streets and ways of the City shall immediately upon injury, striking, maiming or running down any animal give such aid as he is reasonably able to render. In the absence of the animal’s owner, he shall immediately notify the Animal Control Officer furnishing sufficient facts relative to such injury.

(B) It is the duty of such operator to remain at or near the scene until the appropriate authorities arrive, and such operator shall immediately identify himself to the appropriate authority.

(C) Alternatively, in the absence of the animal’s owner, a person may give aid by taking the animal to a veterinary hospital or the Animal Control Center and thereafter notifying the Animal Regulation Officer. Such animal shall be deemed an uncared for animal within the meaning of Section 7.32.020.

(D) Emergency vehicles are not required to stop but shall notify the Animal Control Officer, furnishing sufficient facts relative to such injury.

(Ord. 3618 § 129, 1991)

7.32.110 Keeping animals for fights--Shooting animals or birds.

(A) It is unlawful for any person to:

(1) Own, keep, or use, or be in any manner connected with or financially interested in the management of, or to receive money or other thing of value for the admission of any person to, a house, apartment, pit or place procured or permitted to be used or occupied for an animal fighting venture;

(2) Instigate, promote, arrange, or carry on an animal fighting venture;

(3) Breed or train any animal for the purpose of using the animal in an animal fighting venture;

(4) Keep or possess any animal under circumstances evincing an intent to use the animal in an animal fighting venture; or

(5) Perform any act as assistant, umpire, principal, spectator or otherwise in a fight between animals, or in aid of or calculated to encourage or further any animal fighting venture.

(B) It is unlawful for any person who is not engaged in training a dog for field trial or hunting, or in staging a field trial or training class, to fire upon any animal, including a pigeon or other bird, unless hunting pursuant to authority granting from the U.S. Government, the State, or one of their respective political subdivisions.

(Ord. 5696 § 2, 2004: Ord. 3618 § 130, 1991)

7.32.120 Injury and overwork.

(A) It shall be a misdemeanor for any person to overdrive, overload, torture or cruelly beat, or unjustifiably injure, maim, mutilate or kill any animal whether belonging to himself or to another, and whether on or off the premises of the owner of said animal.

(B) It shall be a misdemeanor for any person to intentionally trip or fell any equine animal by the legs or any means whatsoever for the purpose of entertainment or sport whether belonging to himself or another, and whether on or off the premises of the owner of said animal.

(Ord. 4037 § 1, 1996: Ord. 3618 § 131, 1991)

7.32.130 Sustenance deprivation.

It shall be unlawful to:

(A) Deprive any animal of necessary sustenance, food, drink or shelter;

(B) Expose any animal to the elements of the weather and to the extremes of heat or cold;

(C) Fail or refuse to obtain for an animal veterinary care for illness, injury, disease or infirmity; or

(D) Wilfully instigate, engage in, or in any way further an act of cruelty to any animal, or any act to produce such cruelty.

(Ord. 5220 § 32, 2000: Ord. 3618 § 132, 1991)

7.32.130 Greyhound racing prohibited.

(A) “Greyhound” means a purebred greyhound dog registered by the National Greyhound Association.

(B) It is unlawful to conduct greyhound racing within the City of Las Vegas, Clark County, Nevada.

(Ord. 4054 § 1, 1997)

7.32.140 Riding or driving animals while intoxicated.

It shall be a misdemeanor for any person to ride or drive an equine while such person is under the influence of intoxicating liquor or drug.

(Ord. 3618 § 133, 1991)

7.32.150 Reflectors for roadside travel.

It shall be a misdemeanor to drive, ride or lead any animal except dog or cats, upon or beside any public highway, road or way between the hours of sunset and sunrise without having safety reflectors or reflective tape visible from any direction on their tack or body.

(Ord. 3618 § 134, 1991)

7.32.160 Insufficient size of confinement area.

It shall be a misdemeanor to confine an animal in any cage, coop, or fence barrier of a size deemed insufficient by the Animal Control Officer, or to restrict any animal by leash, cord, or chain of a length deemed insufficient for that type of animal by the Animal Control Officer.

(Ord. 3618 § 135, 1991)

7.32.170 Trapping--Manner--Care while trapped.

It shall be a misdemeanor for any person to trap any animal with other than a humane “live” trap which will inflict no physical injury upon the animal; and it shall be unlawful for any person to lure or entice, by means of food or otherwise, any animal into other than a humane “live” trap; it shall be unlawful for any person having trapped an animal to leave it without food, water or shelter, for an unreasonable period of time.

(Ord. 3618 § 136, 1991)

7.32.180 Trapping--Disposal.

It shall be a misdemeanor for any person who has trapped an animal, or discovers any animal so trapped, to dispose of it in any fashion not otherwise provided by law, but said person shall call the Animal Control Officer to have said animal picked up, deliver it to the Animal Control Center, or otherwise dispose of it as directed by the Animal Control Officer.

(Ord. 3618 § 137, 1991)

7.32.190 Crating or boxing.

It shall be a misdemeanor for any person to overcrowd any animal in any crate, box or other receptacle, or fail to provide food, water, shelter, or sanitation for same.

(Ord. 3618 § 138, 1991)

7.32.200 Sale--Age requirements.

It shall be a misdemeanor for any person to sell or offer for sale, barter or give away baby chicks, ducklings, other fowl under four weeks of age or rabbits under two weeks of age, as pets or novelties. This Chapter shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fowl, in proper breeder facilities by hatcheries, or stores engaged in the business of selling the same to be raised for commercial purposes.

(Ord. 3618 § 139, 1991)

7.32.210 Sale--Business license required.

It shall be a misdemeanor for any person to display, sell or offer for sale, barter, give away, or otherwise dispose of any animal upon any street, sidewalk, public building, public park, or other public place, without the proper business license to do so.

(Ord. 3618 § 140, 1991)

7.32.220 Use of animal--Advertisement purposes.

It shall be a misdemeanor for any person in connection with any advertising campaign or promotion to use, give, sell, or barter, or offer to use, give, sell, or barter, as a gift or prize, any live animal in any manner where there will be a transfer of ownership or possession.

(Ord. 3618 § 141, 1991)

7.32.230 Amusement game--Target.

It shall be a misdemeanor for any owner, operator, or agent or any carnival, fair, or amusement park to use any live animal as or for a target.

(Ord. 3618 § 142, 1991)

7.32.240 Dyeing or coloring baby animals.

It shall be a misdemeanor for any person to dye or color by any means any baby chick, rabbit, duckling or fowl, or to dye or color any animal for purposes of concealing its identity.

(Ord. 3618 § 143, 1991)

7.32.250 Research or medical use.

(A) It shall be a misdemeanor, except as provided in Subsection (B), for any person to sell or offer for sale, buy or offer to buy, barter or offer to barter, give or offer to give, or furnish any animal for experimental, laboratory, vivisection, dissection or teaching purposes.

(B) Any person may sell or offer for sale, buy or offer to buy, barter or offer to barter, give or offer to give, or furnish any animal for properly conducted scientific experiments or investigations which are performed under the authority of the faculty of any regularly incorporated medical college or university of this State, or under the authority of the staff of a licensed hospital or laboratory facility in the course and scope of their work.

(C) Notwithstanding the provisions of Subsection (B), the City Animal Control Center shall not knowingly release an animal to any person who intends to use the animal for experimental, laboratory or vivisection purposes.

(Ord. 5073 § 1, 1998: Ord. 3618 § 144, 1991)

7.32.260 Euthanasia--Permitted methods.

No device or method may be used in the euthanasia of any dog or cat, except the injection of sodium pentobarbital. An exception is permitted if approved by the American Veterinarians Association.

(Ord. 3618 § 145, 1991)

7.32.270 Euthanasia--Permit required.

No employee of a public or private Animal Control Center may use sodium pentobarbital in the euthanasia of animals unless he is certified to use those substances.

(Ord. 3618 § 146, 1991)

7.32.280 Euthanasia--Inspection authority.

Any member of the local Board of Health or member of the Nevada State board of Veterinary Medical Examiners may inspect the operation of any public or private facility used in the euthanasia of animals in this City.

(Ord. 3618 § 147, 1991)

7.32.290 Animal Control Officer--Right of entry.

The Animal Control Officer and any Peace Officer shall have the right with probable cause to enter upon any private or public property in the City in order to examine or capture any animal thereon or therein; provided, however, that no such officer shall have the right to enter a house or structure which is in use as a residence without having first secured a search warrant therefor.

(Ord. 3618 § 148, 1991)

Chapter 7.36 NUISANCES

7.36.010 Noise annoyance.

7.36.020 Interfering with pedestrians.

7.36.030 At large.

7.36.040 Solid waste nuisances.

7.36.050 Restraint and sanitation.

7.36.010 Noise annoyance.

It shall be a misdemeanor for any person to wilfully permit or allow any animal kept, possessed, maintained or otherwise controlled by such person to engage in continuous barking, yelping, braying or the creation of other loud noise. A noise is “continuous” for purposes of this provision if, because of its duration or repetition, a reasonable person would consider it an unreasonable invasion of the peace and quiet of a neighboring resident.

(Ord. 4029 § 1, 1996: Ord. 3618 § 151, 1991)

7.36.020 Interfering with pedestrians.

The owner or any person having possession, custody or control of any animal which interferes with a pedestrian or vehicle traffic, trespasses on school grounds, or damages the property of another person, is guilty of a misdemeanor.

(Ord. 5220 § 33, 2000: Ord. 3618 § 152, 1991)

7.36.030 At large.

If any animal is at large, its owner or any person having possession, custody or control is guilty of a misdemeanor.

(Ord. 5220 § 34, 2000: Ord. 3618 § 153, 1991)

7.36.040 Solid waste nuisances.

Any person owning or having custody or care of any animal which excretes any solid waste upon any public property, upon any real property owned by or leased by another person or upon any common area of an apartment or similar complex is guilty of a misdemeanor provided that no violation of this Section shall occur if the owner of the animal promptly and voluntarily removes the solid excretion.

(Ord. 3618 § 154, 1991)

7.36.050 Restraint and sanitation.

Every owner or any person having possession, custody or control of any animal, and keeps the same upon premises under his control, shall keep the animal restrained by a fence, cage, coop, chain, leash or other adequate means so that said animal shall not leave or escape from the premises upon which it shall be kept; provided, that no person shall keep any such animal unless its living area is kept clean and free from offensive odors, animal wastes, rodents, flies, or any other offensive or unwholesome condition.

(Ord. 5220 § 35, 2000: Ord. 3618 § 155, 1991)

Chapter 7.38 WILD AND FARM ANIMALS

7.38.010 Wild animals--Permit required.

7.38.020 Wild animals--Records maintained.

7.38.030 Wild animals--Determination of viciousness.

7.38.040 Hogs and pigs--Permit and area required.

7.38.041 Potbellied pigs--Requirements.

7.38.042 Potbellied pigs--Licensing.

7.38.043 Potbellied pigs--Maximum.

7.38.044 Potbellied pigs--Vaccinations.

7.38.045 Potbellied pigs--Applicability of Chapters 7.08 and 7.12.

7.38.050 Poultry and birds--Permit and other requirements.

7.38.060 Rabbits--Number allowed.

7.38.065 Exemptions--Zoological parks.

7.38.070 Owner responsibility.

7.38.080 Impoundment--Release fee.

7.38.090 Impoundment--Disposal of animal when.

7.38.100 Wild animal possession--Misdemeanor when.

7.38.110 Applicability of provisions.

7.38.125 Carrier or racing pigeon defined.

7.38.010 Wild animals--Permit required.

(A) No wild animal shall be exhibited in public or private or kept anywhere within the City unless and until the owner thereof has obtained a wild animal permit from the Animal Regulation Officer.

(B) Such wild animal permit shall not be issued for the keeping or exhibiting of a wild animal until an investigation has been made to ascertain what precautions shall be reasonable and necessary to protect the health, safety and general welfare of the public and of the animal.

(C) The Animal Regulation Officer may issue a permit for each wild animal or reptile that meets the below listed conditions. The application for permit shall have attached thereto a veterinarian’s certificate, certifying that said animal is properly vaccinated and possesses no health hazard to itself, other animals, or the general public, for each animal to be covered by the permit. Each permit application shall contain the following information and documentation:

(1) Type of animal(s) to be covered by the permit;

(2) Purpose of keeping such animals, with particular emphasis on the knowledge of such person about the animals in question, and the experience of such person in handling the animals in question;

(3) Period and location for which the permit is requested;

(4) Description of the quarters in which the animal will be kept and/or exhibited, including plans and specifications, where appropriate;

(5) Documentation from the City’s Planning and Development Department that the location in question complies with zoning regulations and requirements applicable to the keeping of wild animals;

(6) Circumstances, if any, under which the animal will be removed from quarters;

(7) Name and address of applicant and any other person to be placed in charge of the animal; and

(8) Any other conditions or restrictions as set forth by the Animal Regulation Officer.

(D) After a review of all available information, including the permit application, the criteria or standards of recognized societies or groups dealing with the animal in question, and any citizen input, the Animal Regulation Officer may issue a permit for the keeping or exhibiting of such animal if, in his considered judgment, such animal does not constitute a danger or nuisance to the general public.

(E) A permit to keep one or more wild animals, with no exhibition intended, may be issued for the period prescribed by the Animal Regulation Officer upon payment of a twenty-five-dollar fee and a favorable inspection by an Animal Control Officer. The permit authorizes the keeping of the animal(s) only, in accordance with the conditions and restrictions imposed thereon, and does not authorize exhibition. A new application and a new fee is required in order to extend the time period or to change or remove any condition or restriction. The quarters for the animals must be adequate to ensure public safety and the safety, health and welfare of the animals. The owner or keeper of a wild animal not intended for exhibition shall:

(1) Have the animal implanted with an electronic microchip from a manufacturer approved by the Animal Regulation Officer. The implantation must be performed by a licensed veterinarian and must conform to procedures recommended by the manufacturer. The owner or keeper shall register the microchip number in a national database in accordance with instructions from the manufacturer, and shall provide the number to the Animal Control Officer.

(2) Obtain and maintain in effect a policy of liability insurance in the amount of not less than one hundred thousand dollars insuring against possible injuries inflicted by the wild animal. The liability insurance shall be maintained in effect as long as the owner or keeper maintains possession of the wild animal.

(F) A permit to exhibit one or more wild animals may be issued for the period prescribed by the Animal Regulation Officer upon payment of a twenty-five-dollar fee and a favorable inspection by an Animal Control Officer. The permit authorizes the keeping and exhibiting of the animal in accordance with this Section and with the conditions and restrictions imposed upon the permit. The twenty-five-dollar fee includes an inspection of one location and the animals to be exhibited at that location. If the permittee proposes to change the location or to exhibit additional animals, the Animal Regulation Officer is authorized to require an additional inspection and an additional twenty-five-dollar fee. The exhibit site, the quarters for the animals and the exhibition facilities must be adequate to ensure public safety and the safety, health and welfare of the animals. Before and with respect to the period of any exhibition, the permittee must obtain and maintain in effect liability insurance coverage for the exhibition in an amount not less than one million dollars.

(Ord. 5497 § 9, 2002: Ord. 5220 § 36, 2000: Ord. 5055 § 1, 1998: Ord. 3804 § 1, 1994: Ord. 3618 § 158, 1991)

7.38.020 Wild animals--Records maintained.

A record shall be kept of all the wild animal permits issued, the location of the wild animals, and the name, address, and telephone number of the owners thereof.

(Ord. 3618 § 159, 1991)

7.38.030 Wild animals--Determination of viciousness.

The issue as to whether a wild animal as defined by Section 7.04.490 is vicious may be determined by an Animal Advisory Committee following procedures as set forth in Chapter 7.16 prior to the destruction of said animal.

(Ord. 3618 § 160, 1991)

7.38.040 Hogs and pigs--Permit and area required.

(A) No person without a special permit first obtained from the Animal Regulation Officer shall own, keep, possess, or maintain hogs or pigs on any parcel of land.

(B) No person shall, in any event, keep any hogs or pigs on any parcel of land which is less than twenty-five acres in area and within two hundred fifty feet of any residence other than his own.

(C) The provisions of Subsections (A) and (B) do not apply to those person who own, keep, possess, or maintain a potbellied pig at a detached single-family residence in accordance with the provisions of this Chapter.

(Ord. 3730 § 1, 1993: Ord. 3618 § 161, 1991)

7.38.041 Potbellied pigs--Requirements.

Potbellied pigs maintained, possessed or kept in a detached single-family residence must:

(A) Weigh not in excess of one hundred twenty pounds;

(B) Be not in excess of twenty-two inches in height;

(C) Be appropriately vaccinated; and

(D) Be neutered or spayed.

(Ord. 5220 § 37, 2000: Ord. 3730 § 2, 1993)

7.38.042 Potbellied pigs--Licensing.

(A) Owners of a potbellied pig maintained, possessed or kept in a detached single-family residence must obtain an annual permit from the City, and at the time of application must:

(1) Pay a fifty dollar annual licensing permit fee;

(2) Submit proof that the animal meets the requirements of Section 7.38.041.

(B) The permit required in Subsection (A) shall be obtained within thirty days after the potbellied pig attains the age of four months or is first brought into the City.

(Ord. 5220 § 38, 2000: Ord. 3730 § 3, 1993)

7.38.043 Potbellied pigs--Maximum.

A maximum of one potbellied pig may be maintained, possessed or kept at a detached single-family residence.

(Ord. 3730 § 4, 1993)

7.38.044 Potbellied pigs--Vaccinations.

(A) Vaccinations may be required of potbellied pigs according to Nevada Department of Agriculture recommendation, but only upon adequate notice to such person owning, harboring, keeping, possessing, or maintaining the animal.

(B) Every veterinarian who vaccinates a potbellied pig is required to fulfill the same requirements pertaining to the issuance of a tag and certificate of vaccination as is required by LVMC 7.12.040 in situations involving the vaccination of a dog, cat or ferret.

(Ord. 5220 § 39, 2000: Ord. 3730 § 5, 1993)

7.38.045 Potbellied pigs--Applicability of Chapters 7.08 and 7.12.

The general provisions of LVMC Chapter 7.12 pertaining to the vaccination of a dog, cat or ferret and the administration and enforcement thereof, unless in conflict, inconsistent or superseded by the provisions of this Chapter, shall apply to potbellied pigs being maintained, possessed or kept at a detached single-family residence.

(Ord. 5220 § 40, 2000: Ord. 3730 § 6, 1993)

7.38.050 Poultry and birds--Permit and other requirements.

(A) Except as otherwise provided in Subsection (B), it is unlawful for any person to keep, or cause to be kept, on premises over which any such person may have control within the City:

(1) Any poultry within three hundred fifty feet of any dwelling of another person unless such other person has filed with the Animal Control Officer a written, unrevoked consent authorizing the keeping of such poultry within three hundred fifty feet of the dwelling. In the case of pigeons, this distance shall be two hundred feet from any dwelling owned by another person unless such other person has filed with the Animal Control Officer a written, unrevoked consent authorizing the keeping of the pigeons within two hundred feet of the dwelling, in which case the number of pigeons shall be limited to twelve pair over the age of twelve months;

(2) Any crowing rooster;

(3) Any poultry or birds that are not, at all times, confined within a suitable outbuilding, coop, or enclosed runway that is clean and free from offensive odors, animal wastes, rodents, flies, or any other offensive or unwholesome condition; or

(4) Any poultry within any dwelling house, basement, sub-basement, or cellar.

(B) A person may keep up to a maximum of three hundred carrier or racing pigeons if the use is approved under, and complies with, the provisions of Title 19. The pigeons must be confined in accordance with Paragraph 3 of Subsection (A) of this Section except during limited periods necessary for exercise, training or competition.

(Ord. 5609 § 2, 2003: Ord. 5220 § 41, 2000: Ord. 3618 § 162, 1991)

7.38.060 Rabbits--Number allowed.

Except as otherwise provided in this Title, no person shall keep more than three rabbits over four months of age at any place, on any premises, or in any one residence located within the City.

(Ord. 3618 § 163, 1991)

7.38.065 Exemptions--Zoological parks.

The provisions of Sections 7.38.010, 7.38.040, 7.38.050 and 7.38.060 shall not apply to any zoological park that is regulated by the United States Department of Agriculture and the Nevada Department of Wildlife.

(Ord. 3729 § 1, 1993)

7.38.070 Owner responsibility.

Every person who is the owner of any animal, and keeps the same upon his premises under this control, shall keep the animal restrained by a fence, cage, coop, chain, leash or other adequate means so that said animal shall not leave or escape from the premises upon which it shall be kept; provided, that no person shall keep any such animal unless its living area is kept clean and free from offensive odors, animal wastes, and rodents, flies, or any other offensive or unwholesome condition.

(Ord. 3618 § 164, 1991)

7.38.080 Impoundment--Release fee.

Animals running at large shall be impounded at the Animal Control Center for seventy-two hours, or for such other period as may be required by State or Federal law or regulations, within which time the owner may prove ownership and remove such animal upon the payment of a fee for its impoundment in the amount of one hundred dollars, which shall go to the credit of the City of Las Vegas.

(Ord. 5220 § 42, 2000: Ord. 3618 § 165, 1991)

7.38.090 Impoundment--Disposal of animal when.

If the ownership of the animal is not proven within seventy-two hours, or within such other period as may be required by State or Federal law or regulations, the animal, whether domestic or wild, may be sold, given away or disposed of in a humane manner.

(Ord. 5220 § 43, 2000: Ord. 3618 § 166, 1991)

7.38.100 Wild animal possession--Misdemeanor when.

It shall be a misdemeanor for any person to possess any wild animal without having in his possession a wild animal permit or receipt therefor issued by the Animal Regulation Officer.

(Ord. 3618 § 167, 1991)

7.38.110 Applicability of provisions.

No provision of this Chapter, nor compliance therewith, shall be deemed to supersede or affect the applicability of any other provision of law pertaining to animals, including the City’s zoning regulations and applicable health regulations.

(Ord. 5220 § 44, 2000)

7.38.125 Carrier or racing pigeon defined.

“Carrier or racing pigeon” means a pigeon that is bred and kept for the purpose of demonstration or racing, is registered with a national pigeon registry or organization, and is identified as to ownership and registration by a stamp or a band.

(Ord. 5609 § 1, 2003)

Chapter 7.40 PROFESSIONAL ANIMAL HANDLERS

Article I Permits

7.40.010 Commercial business--License required.

7.40.020 Certain businesses--Professional animal handlers permit required.

7.40.030 Permit--Fee.

7.40.040 Permit--Form.

7.40.050 Permit--Nontransferable.

7.40.060 Permit--Expiration.

7.40.070 Permit--Change notice to City.

7.40.080 Compliance responsibility.

7.40.090 Animal Control Officer--Right of entry.

7.40.100 Violation--Investigation.

7.40.110 Breeders--Fees--Restrictions.

7.40.120 Violation--Correction notice--Citation.

7.40.130 Violation--Revocation.

7.40.140 Violation--Hearing procedure.

7.40.150 Reinstatement.

Article II Regulations

7.40.160 Applicability of Article II provisions.

7.40.170 Operator duties.

7.40.180 Indoor enclosures.

7.40.190 Keeping animals outdoors.

7.40.200 Primary enclosure--Construction and maintenance requirements.

7.40.210 Primary enclosure--Floor space.

7.40.220 Compatibility of animals in enclosures.

7.40.230 Water and feeding requirements.

7.40.240 Pest control requirements.

7.40.250 Disease control program.

7.40.260 Separating animals from mothers--Restrictions.

7.40.270 Retailer or dealer--Examination of animals by veterinarian required.

7.40.280 Retailer or dealer--Animal immunization and other records.

7.40.290 Retailer or dealer--Information posting requirements.

7.40.300 Retailer or dealer--Refund of sale price required when.

7.40.310 Retailer or dealer--Selling ill animal--Misdemeanor.

7.40.320 Animal transport--Vehicle requirements.

7.40.330 Animal transport--Primary enclosure--Requirements generally.

7.40.340 Animal transport--Primary enclosure--Interior space requirements.

7.40.350 Animal transport--Primary enclosure--Placement during transit.

7.40.360 Animal transport--Primary enclosure--Cleaning and sanitizing requirements.

7.40.370 Animal transport--Primary enclosure--Same species or compatible group required.

7.40.380 Animal transport--Attendant or driver duties.

Article I Permits

7.40.010 Commercial business--License required.

Every person owning, operating or maintaining a commercial business within the City must first obtain a license from the City to operate said business. The issuance of any license therefor shall at all times be subject to planning and zoning regulations of the City; provided, however, that this Section as to the business license shall not apply to quarters maintained by political entities for the purpose of using animals in law enforcement or animal control or to quarters maintained by veterinarians for the purpose of surveillance or treatment of animals on a temporary basis.

(Ord. 3618 § 170, 1991)

7.40.020 Certain businesses--Professional animal handlers permit required.

Any person who operates a commercial grooming school, grooming parlor, kennel, pet shop, dog training facility, or any other establishment which sells, grooms, trains, boards or breeds animals, must, in order to operate or carry on the above businesses for profit, obtain a professional animal handler permit.

(Ord. 5220 § 45, 2000: Ord. 3618 § 171, 1991)

7.40.030 Permit--Fee.

When a professional animal handler permit is applied for, a fee of fifty dollars shall be paid to the Animal Regulation Officer for an inspection of the commercial breeder’s facility, grooming parlor, grooming school, kennel, pet shop, or dog training facility. The inspection shall be conducted by an Animal Control Officer to determine compliance with this Title, and if compliance is met the permit shall issue. If inspection reveals that this Title or other applicable laws or regulations have not been complied with, the professional animal handler permit shall be withheld and the person so applying shall have ninety days within which to request a reinspection without charge. The Animal Control Center itself shall be exempt from the operation of this Section.

(Ord. 3618 § 172, 1991)

7.40.040 Permit--Form.

The form of professional animal handler permit shall be as follows:

City of Las Vegas

Professional Animal Handler Permit

The person, firm or corporation herein named is hereby granted this permit as shown herein pursuant to City Ordinance.

Issued to:_________________________

Permit Number_______________

Issued Date:_______________

From:_________________________

Expires:_______________

Post in a Conspicuous Place

Signed:_________________________

Signed:_________________________

(Ord. 3618 § 173, 1991)

7.40.050 Permit--Nontransferable.

Professional animal handler permits are not transferable. A current permit shall be posted in a conspicuous place in every commercial grooming parlor, grooming school, kennel, pet shop and dog training facility.

(Ord. 3618 § 174, 1991)

7.40.060 Permit--Expiration.

A professional animal handler permit shall expire on December 31st of each calendar year, and shall be renewed after the payment of the applicable fifty-dollar fee by February 1st of the following year, after an inspection by an Animal Control Officer.

(Ord. 3618 § 175, 1991)

7.40.070 Permit--Change notice to City.

A permit holder shall notify the Animal Regulation Officer of any change in his operation which may or does affect the status of his permit, including any change in name or location of his business.

(Ord. 3618 § 176, 1991)

7.40.080 Compliance responsibility.

A person or persons in immediate charge of a commercial grooming parlor, grooming school, kennel, pet shop, or dog training facility shall be responsible for complying with this Title and other applicable ordinances.

(Ord. 3618 § 177, 1991)

7.40.090 Animal Control Officer--Right of entry.

The Animal Control Officer, after proper identification, shall be permitted to enter any commercial grooming parlor, grooming school, kennel, pet shop, dog training facility or breeding establishment for the purpose of making inspections to determine compliance with this Title. The Animal Control Officer shall make as many inspections as reasonably necessary for the enforcement of this Title except that the time period between inspections shall not exceed one year.

(Ord. 3618 § 178, 1991)

7.40.100 Violation--Investigation.

Upon the receiving of a complaint from the public of a violation of this Title, the Animal Regulation Officer shall order an investigation. Upon completion of the investigation, the Animal Regulation Officer shall ensure that all violations are brought into compliance with this Title.

(Ord. 3618 § 179, 1991)

7.40.110 Breeders--Fees--Restrictions.

Any person who, for pay or other compensation, causes the breeding of a male or female dog or cat or makes a dog or cat available for breeding purposes, or any person who sells or offers for sale any dog or cat shall pay an annual permit/inspection fee of fifty dollars for the privilege of engaging in such activity. However, any person who possesses a valid City permit to operate a dog kennel, cat kennel or pet shop and has paid the annual permit fee therefor shall receive a credit in the amount of the fee paid but in no event shall the amount of credit exceed the amount of tax hereunder.

(A) Each person subject to the provisions of this Section shall:

(1) Not allow the whelping of more than two litters per each female dog or cat in an eighteen-month period;

(2) Not cause the whelping of more than two litters in the permit holder’s or any other person’s domestic household in an eighteen-month period. Notwithstanding this provision, however, the Animal Control Center is hereby authorized, upon application of a permit, to allow on a one-time basis the whelping of up to a total of three dog or cat litters in a domestic household in an eighteen-month period where the permit holder establishes within regulations promulgated by the Animal Regulation Officer that such breeding is required to protect the health of the animal. In the event a permit holder is forced to destroy a litter of dogs or cats, the Animal Regulation Officer may authorize the whelping of one additional litter of dogs or cats within the same year by the permit holder;

(3) Not have more than six adult dogs or cats over the age of one year and no more than ten dogs or cats over the age of three months;

(4) Cause all dogs and cats prior to their sale to be immunized against common disease; in the case of dogs, against distemper, DHLD, and in the case of cats, against panleukopenia. The sale of a dog or cat shall include a signed statement from the seller attesting to the seller’s knowledge of the animal’s health. Such statement shall include the animal’s immunization history;

(5) Not sell any dog or cat under the age of seven weeks;

(6) Furnish the Animal Control Center with the animal breeder’s permit number and the name, address, and telephone number of the buyer or new owner of any dog or cat sold or transferred within five days after the date of such sale or transfer.

(B) The Animal Control Center shall furnish the permit holder with printed information regarding the pet care and control services of the City which shall be provided by the seller to the purchaser of any dog or cat.

(C) Persons subject to this Section shall not publish or advertise the sale of any dog or cat unless said publication or advertisement is accompanied by the seller’s breeder’s permit number.

(D) Each permit issued hereunder shall expire one year from the date of issuance. However, it may be renewed at any time up to and including the last day of the calendar month in which it is due to expire.

(E) The payment of this permit fee shall not exempt the permit holder from compliance with any other applicable provision of the City of Las Vegas Municipal Codes.

(Ord. 3618 § 180, 1991)

7.40.120 Violation--Correction notice--Citation.

(A) If the Animal Regulation Officer, in the course of a routine inspection or while investigating a complaint, observes a violation of this Title by the holder of a professional animal handler permit, the officer may do the following:

(1) In the case of a minor violation, issue a written correction notice to the permit holder or operator; or

(2) In the case of a violation which presents a public health hazard, a hazard to the health or welfare of an animal, or cruel or inhumane treatment of an animal, issue a citation to the permit holder or operator.

(B) In the case of a written correction notice, the permit holder or operator shall have twenty-four hours to correct the violation, or such other time as may be provided in writing by the Animal Regulation Officer. Upon reinspection, a citation may be issued and an additional twenty-four hour correction notice given.

(C) In the case of the issuance of a citation, the permit holder or operator shall have twenty-four hours to correct the violation, or such other time as may be provided in writing by the Animal Regulation Officer. Upon further reinspection, if compliance has not been obtained, the Animal Regulation Officer may commence proceedings to revoke the permit.

(Ord. 5105 § 2, 1998)

7.40.130 Violation--Revocation.

For a serious or repeated violation of any of the requirements of this Title, or for interference with the Animal Regulation Officer in the performance of his duties, the professional animal handler permit may be permanently revoked after an opportunity for a hearing has been provided to the permit holder by the Animal Regulation Officer. Prior to such action, the Animal Regulation Officer shall notify the permit holder in writing stating the reasons for which the permit is subject to revocation and advising the permit holder that the permit shall be permanently revoked at the end of fifteen days following service of such notice, unless a request for a hearing is filed with the Animal Regulation Officer by the permit holder within such fifteen-day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.

(Ord. 3618 § 182, 1991)

7.40.140 Violation--Hearing procedure.

The hearing provided for in this Chapter shall be conducted by the Animal Regulation Officer within a reasonable time at a place designated by him. Based upon the record of such hearing, the Animal Regulation Officer shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder or operator by the Animal Regulation Officer within a reasonable time. This Section shall not be intended to preclude the institution of court action as provided elsewhere in this Title.

(Ord. 3618 § 183, 1991)

7.40.150 Reinstatement.

Any person whose permit has been suspended may, at any time, make application for an inspection for the purpose of reinstatement of the permit. Within thirty days following such request for reinstatement the Animal Regulation Officer shall make an inspection. If the applicant has complied with the requirements of this Title or other applicable laws, regulations and ordinances the permit may be reinstated.

(Ord. 3618 § 184, 1991)

Article II Regulations

7.40.160 Applicability of Article II provisions.

The provisions of Sections 7.40.160 through 7.40.380, inclusive, of the ordinance codified in this Article II, shall apply to all persons and business operations which are required by this Chapter to have a professional animal handler permit. For purposes of Sections 7.40.160 through 7.40.380, inclusive, of the ordinance codified in this Article II:

(A) The term “operator” means the holder of a permit and any person who operates a business described in this Section.

(B) The term “primary enclosure” means the cage, run or other enclosure immediately surrounding an animal.

(Ord. 5220 § 48, 2000)

7.40.170 Operator duties.

An operator shall ensure that:

(A) The buildings and grounds at all locations where animals are shall be kept clean and in good repair, shall not become accumulated with trash and the interior building surfaces shall be maintained so that they are substantially impervious to animal wastes and may be readily sanitized.

(B) All animal housing facilities shall be constructed and maintained in such a manner as to protect the animals inside from injury, prevent the animals inside from escaping and restrict the entrance of other animals. In addition, all animal housing facilities shall have adequate and reliable sources of electrical power and potable water available.

(Ord. 5220 § 49, 2000)

7.40.180 Indoor enclosures.

(A) An operator shall provide all animals with enclosures located indoors, except animals that are acclimated to the outdoor environment, and ensure that the interior of a housing facility for indoor enclosures is constructed and maintained in such a manner as to be substantially impervious to moisture as required by species and to facilitate regular cleaning. In addition, an operator shall provide a suitable method to eliminate excessive water from the interior of a housing facility for indoor enclosures. All drains must be constructed and maintained in such a manner as to avoid foul odors. Any closed system for drainage must be equipped with traps that prevent the release of sewage into the housing facility.

(B) All indoor enclosures shall be constructed and maintained in such a manner as to protect the animals inside from excessive illumination while providing an ample amount of light, by natural or artificial means or both, of a sufficient distribution and intensity to allow for routine inspection and cleaning. The indoor enclosure shall also provide a sufficient amount of heat when necessary to protect the animals inside from cold and to maintain their health and comfort. The ambient temperature of an indoor enclosure in which one or more animals are kept must not be allowed to fall below fifty degrees Fahrenheit, unless each animal is acclimated to a lower temperature. In addition, all indoor enclosures shall be provided with adequate ventilation at all times to maintain the health and comfort of the animal(s) inside as required by species. The system of ventilation must provide fresh air by means of windows, doors, vents or air conditioning and be designed to maintain drafts, odors and the condensation of moisture at a minimum. If the ambient temperature reaches eighty-five degrees Fahrenheit or greater, air conditioning, exhaust fans and vents, or other auxiliary ventilation must be provided.

(Ord. 5220 § 50, 2000)

7.40.190 Keeping animals outdoors.

If animals are kept outdoors, an operator shall provide a suitable method for the rapid drainage of surface water from the area where each animal is kept. An operator shall also provide a sufficient amount of shelter to ensure the animal remains dry from rain and snow and protected from wind when a high wind warning has been issued by the National Weather Service or which creates a wind chill of less than fifty degrees Fahrenheit unless each animal is acclimated to a lower temperature. It addition, an animal shall have enough shade to protect itself from any direct sunlight that is likely to cause overheating or discomfort and remain warm when the atmospheric temperature falls below fifty degrees Fahrenheit. If the ambient temperature falls below the temperature to which an animal is acclimated, the operator shall provide such an additional amount of clean bedding material or other protection as necessary for the animal to remain warm. After considering the ambient temperature, the operator shall provide each animal with a sufficient amount of food and water necessary to sustain it in a healthy condition at that temperature.

(Ord. 5220 § 51, 2000)

7.40.200 Primary enclosure--Construction and maintenance requirements.

An operator shall ensure that a primary enclosure is constructed and maintained in such a manner as to protect the animals inside from injury, prevent the animals inside from escaping, keep other animals out and allow the animals inside convenient access to food and water. In addition, an operator shall enable animals inside to remain clean and dry as required by species and provide sufficient space for each animal inside to turn about freely and to stand, sit and lie in a comfortable, normal position as appropriate for the species.

(Ord. 5220 § 52, 2000)

7.40.210 Primary enclosure--Floor space.

An operator shall ensure that a primary enclosure in which each mammal that is at least six weeks old is kept has a minimum amount of floor space which is calculated by finding the mathematical square of the sum of six inches plus the length of the animal measured from the tip of its nose to the base of its tail, and dividing that amount by one hundred forty-four, to arrive at the minimum amount of square footage required for the floor space per animal. Floor space for mice and rats shall be provided as set forth in Section 7.40.200.

(Ord. 5220 § 53, 2000)

7.40.220 Compatibility of animals in enclosures.

If animals are kept in enclosures together, an operator shall ensure that animals placed with other animals are compatible. Any animal that displays a vicious disposition shall not be placed together with any other animal. A female animal shall not be placed together with any intact male animal during periods of estrus, except for supervised breeding. Furthermore, an immature animal shall not be placed together with an adult animal, except with its mother or when permanently maintained in a breeding colony.

(Ord. 5220 § 54, 2000)

7.40.230 Water and feeding requirements.

(A) An operator shall ensure that clean potable water is accessible to the animal at all times except as directed by a veterinarian to provide adequate care. Each animal shall be fed at least once each day, except as otherwise required to provide adequate care. The food provided to an animal must be wholesome, palatable, free from contamination, and of sufficient quality and nutritive value to meet the normal daily requirements for the animal, based upon its condition and size. Supplies of perishable food must be adequately refrigerated or properly stored to prevent spoilage.

(B) Containers of food shall be durable, except that disposable receptacles may be used if they are discarded after each feeding and located so as to be accessible to the animals. The containers shall also reduce to a minimum any contamination from excreta. Containers of food and water shall be kept clean and self-feeders must not be used for the feeding of dry food unless they are cleaned regularly to prevent molding, deterioration and the caking of food.

(Ord. 5220 § 55, 2000)

7.40.240 Pest control requirements.

(A) An operator shall ensure that insects, ectoparasites and avian, mammalian and reptilian pests are kept under control. An operator shall also ensure that supplies of food and bedding material are stored in facilities that afford adequate protection from infestation or contamination by vermin. All excreta must be removed regularly from enclosures during business hours to prevent contamination and to reduce to a minimum odors and the risk of disease.

(B) An enclosure must be disinfected at least once daily and before placing another animal in the enclosure. If a hosing or flushing method of cleaning is used, all animals must be removed from the enclosure and adequate measures must be taken to protect the animals in other enclosures from being contaminated with water and other wastes.

(1) Pens or runs with hard surfaces, and cages and rooms, shall be sanitized at least once every two weeks by:

(a) Washing them with water of a temperature not less than one hundred twenty degrees Fahrenheit and with soap or detergent;

(b) Washing all soiled surfaces with a safe and effective disinfectant; or

(c) Cleaning all soiled surfaces with live steam.

(2) Pens or runs with gravel, sand or dirt surfaces shall be cleaned as often as necessary by removing and replacing the soiled gravel, sand or dirt.

(C) Sewage, solid wastes, soiled bedding, dead animals and debris must be removed from housing facilities regularly during the business day and disposed of properly. Enclosures not in use must be cleaned, washed and disinfected at least once every two weeks to prevent any accumulation of debris or excreta and to reduce to a practical minimum substances and organisms injurious to the health of animals or humans. Facilities for disposal shall be maintained in such a manner as to reduce to a minimum odors and the risk of disease or infestation by vermin. Adequate facilities, such as washrooms, basins or sinks, shall be provided for the cleanliness of persons handling animals.

(Ord. 5220 § 56, 2000)

7.40.250 Disease control program.

An operator shall, with the approval of a veterinarian, establish and maintain a program to control disease and care for the health of animals. As part of this program, an operator shall ensure that:

(A) Each animal is observed daily by the person directly responsible for its care, or by someone else under that person’s direct supervision.

(B) Blind, lame, injured, ill or diseased animals are provided with the appropriate veterinary care that is consistent with the purposes for which an animal is being kept or humanely euthanized.

(C) Any animals under quarantine or being treated for a communicable disease are kept separate from other animals.

(Ord. 5220 § 57, 2000)

7.40.260 Separating animals from mothers--Restrictions.

An operator shall not separate an animal from its mother until it is accustomed to taking food or nourishment other than nursing.

(Ord. 5220 § 58, 2000)

7.40.270 Retailer or dealer--Examination of animals by veterinarian required.

(A) A retailer or dealer shall, after the acquisition of an animal for resale, cause the animal to be examined by a veterinarian. The retailer or dealer shall not sell the animal before it is initially examined by a veterinarian. In addition, a retailer or dealer shall cause an animal acquired for resale to be reexamined by a veterinarian as follows:

(1) Fourteen days after the date of its initial examination; and

(2) Every thirty days thereafter until sold.

(B) If a veterinarian conducting an examination pursuant to this Section finds that a dog or cat has no illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention, he shall provide a written statement setting forth his findings to the retailer or dealer. A retailer or dealer shall provide to the purchaser of an animal, at the time of sale, written notice of any veterinary treatment or medication received by the animal after it was acquired by the retailer or dealer, including a copy of any statement provided by a veterinarian. The notice must be signed by the retailer or dealer, dated and including the dates on which the animal was examined and on which the animal received medication or a vaccination.

(C) A retailer or dealer shall not knowingly sell an animal if it has an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention. For the purposes of this Section, the presence of internal or external parasites does not constitute an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention unless the animal is clinically ill as a result of the parasite.

(Ord. 5220 § 59, 2000)

7.40.280 Retailer or dealer--Animal immunization and other records.

A retailer or dealer shall provide upon request a written statement containing:

(A) The name and address of the owner and date the dog or cat was born.

(B) The name and address of the person from whom the retailer or dealer obtained the dog or cat, if the person holds a license issued by the United States Department of Agriculture, the person’s federal identification number.

(C) A record of any immunizations administered to the dog or cat before the time of sale, including the type of vaccine, date of administration and name and address of the veterinarian who prescribed the vaccine.

(D) On a dog the registration numbers, if any, of the dog’s sire and dam with the appropriate breed registry or any health certification organization such as the Orthopedic Foundation for Animals or its successor organization, if any.

(Ord. 5220 § 60, 2000)

7.40.290 Retailer or dealer--Information posting requirements.

A retailer or dealer shall conspicuously post within close proximity to the primary enclosure of an animal offered for sale the following notice in at least 100-point type:

INFORMATION ON THE SOURCE OF DOGS OR CATS AND OF VETERINARIAN TREATMENTS RECEIVED BY ANY ANIMALS IS AVAILABLE FOR REVIEW

(Ord. 5220 § 61, 2000)

7.40.300 Retailer or dealer--Refund of sale price required when.

If a person purchases a pet from a retailer or dealer and, within ten days after the sale, a veterinarian determines that the pet has an illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention and that was in existence on the date of the sale, the retailer or dealer shall, at the option of the purchaser, either:

(A) Refund the purchase price of the pet if the pet is returned or provide the purchaser with another pet of equal value; or

(B) Reimburse the purchaser, in an amount not to exceed the purchase price of the pet, for expenses incurred by the purchaser in obtaining a diagnosis and treatment for the pet from a veterinarian chosen by the retailer or dealer.

(Ord. 5220 § 62, 2000)

7.40.310 Retailer or dealer--Selling ill animal--Misdemeanor.

A retailer or dealer who sells an animal that he knows has any illness, disease or other condition that is terminal or requires immediate hospitalization or immediate surgical intervention at the time of sale is guilty of a misdemeanor. In addition to any other penalty that may be imposed, the court may prohibit a person convicted of a violation of this Section from selling any animals for not more than one year. For the purposes of this Section, the presence of internal or external parasites does not constitute an illness, disease or other condition that is terminal or requires clinically immediate hospitalization or immediate surgical intervention unless the animal is clinically ill as a result of the parasite.

(Ord. 5220 § 63, 2000)

7.40.320 Animal transport--Vehicle requirements.

(A) Vehicles used in transporting animals shall be equipped to provide fresh air to all animals being transported without injurious drafts.

(B) The animal cargo space shall be so constructed and maintained as to prevent the entrance of exhaust from the vehicle’s engine.

(C) The interior of the animal cargo space shall be kept clean and dry.

(Ord. 5220 § 64, 2000)

7.40.330 Animal transport--Primary enclosure--Requirements generally.

(A) Primary enclosures, such as compartments, transport cages, cartons or crates used in the transport of animals shall be well constructed and well ventilated and designed to protect the health and ensure the safety of the animal.

(B) Such enclosures shall be constructed or positioned in the vehicle in such a manner that:

(1) Each animal in the vehicle has sufficient air for normal breathing;

(2) The openings of such enclosures are easily accessible at all times for emergency removal of the animal; and

(3) The animal is afforded adequate protection from the elements.

(C) The ambient temperature within such enclosures shall not be allowed to exceed a temperature that may endanger the health and well-being of such animal.

(Ord. 5220 § 65, 2000)

7.40.340 Animal transport--Primary enclosure--Interior space requirements.

Primary enclosures used to transport animals shall be large enough to ensure that each animal contained therein has sufficient space to turn about freely, to stand, sit or lie in a natural position.

(Ord. 5220 § 66, 2000)

7.40.350 Animal transport--Primary enclosure--Placement during transit.

Animals shall not be placed in primary enclosures over other animals in primary enclosures in transit unless each enclosure is fitted with a floor of a material which prevents animal excretion from entering the lower enclosures.

(Ord. 5220 § 67, 2000)

7.40.360 Animal transport--Primary enclosure--Cleaning and sanitizing requirements.

Primary enclosures used to transport animals shall be cleaned and sanitized between trips. All litter in the primary enclosure shall be clean at the beginning of each trip.

(Ord. 5220 § 68, 2000)

7.40.370 Animal transport--Primary enclosure--Same species or compatible group required.

(A) Animals transported in the same primary enclosure shall be of the same species or maintained in compatible groups.

(B) Animals less than three months of age shall not be transported in the same primary enclosure with an adult animal other than their dam.

(C) Any animal exhibiting a vicious disposition shall be transported individually in a primary enclosure.

(D) Any female animal in season (estrus) shall not be transported in the same primary enclosure with any male.

(Ord. 5220 § 69, 2000)

7.40.380 Animal transport--Attendant or driver duties.

It shall be the responsibility of the attendant or driver to inspect the animals frequently to determine whether they need emergency veterinary care and, if so, to obtain such care at the earliest opportunity.

(Ord. 5220 § 70, 2000)

Chapter 7.44 ENFORCEMENT

7.44.010 Deposit of collected funds--Source for expenses.

7.44.020 Duty of officers.

7.44.030 Interfering or resisting.

7.44.040 Unlawful acts designated--Penalty.

7.44.050 Officers--Right of entry.

7.44.010 Deposit of collected funds--Source for expenses.

All moneys collected under this Title, unless otherwise provided herein, shall be paid to the General Fund of the City and all expenses incurred in carrying out or enforcing the provisions hereof shall be paid therefrom.

(Ord. 3618 § 218, 1991)

7.44.020 Duty of officers.

It shall be the duty of the Sheriff, the Animal Regulation Officer, and every peace officer while on duty to enforce the provisions of this Title.

(Ord. 3618 § 219, 1991)

7.44.030 Interfering or resisting.

No person shall interfere with or oppose or resist the Sheriff or any of his Officers, the Animal Regulation Officer, or any other City law enforcement officer, or the Health Officer or any member or employee of the Health Department while engaged in the performance of the duties pertaining to the enforcement of this Title, all of which said Officers, members and employees are hereby empowered to enforce all the provisions of this Title.

(Ord. 3618 § 220, 1991)

7.44.040 Unlawful acts designated--Penalty.

(A) Any person owning, possessing or having the care, custody and control of any animal, who:

(1) Wilfully refuses, fails or neglects to furnish to the Animal Regulation Officer the information required under this Title;

(2) Wilfully refuses, fails or neglects to cause said animals to be registered and pay said registration fee at the time and in the manner herein provided;

(3) Wilfully refuses, fails or neglects to perform any act or pay any other fee or charge required by this Title to be performed or paid;

(4) Resists, interferes with or prevents the Animal Regulation Officer or any of his assistants in the exercise of their duties; or

(5) Violates any of the provisions of Chapters 7.04 to 7.44, is guilty of a misdemeanor.

(B) Any person who violates any provision of Section 7.32.010, Section 7.32.030, Section 7.32.120 or Section 7.32.130 is guilty of a misdemeanor and:

(1) For the first offense within the immediately preceding seven years, shall be sentenced to imprisonment for a term of not less than two days nor more than six months; the performance of community service of not less than forty-eight hours nor more than one hundred twenty hours, and a fine of not less than two hundred dollars nor more than one thousand dollars. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge, except that each period of confinement must be not less than four consecutive hours and must occur at a time when the person is not required to be at his place of employment or on a weekend;

(2) For the second offense or subsequent offense within the immediately preceding seven years, shall be sentenced to imprisonment for a term of not less than ten days nor more than six months; the performance of community service of not less than one hundred hours nor more than two hundred hours, and a fine of not less than five hundred dollars nor more than one thousand dollars.

(C) In addition to any other fine or penalty provided in Subsection (B), a person who violates any provision of Section 7.32.010 or Section 7.32.130 shall be ordered to pay restitution for all costs associated with the care and impoundment of any mistreated animal, including without limitation money expended for veterinary treatment, feed and housing.

(D) In connection with the imposition of any sentence pursuant to this Section, the court may order the defendant to surrender ownership or possession of the mistreated animal.

(E) If a person who owns, possesses or has custody, care and control of an animal resists, interferes with or prevents the Animal Regulation Officer or any of his assistants in the exercise of their duties, or violates any of the provisions of Chapters 7.04 to 7.44, inclusive, the animal may be impounded in accordance with the provisions of this Title.

(Ord. 5497 § 10, 2002: Ord. 3618 § 221, 1991)

7.44.050 Officers--Right of entry.

Any Animal Control Officer or peace officer shall have the right with probable cause to enter upon any private or public property in order to examine or capture any animal thereon or therein or to enforce any provision of this Title; provided, however, that no such officer or employee, agent or servant thereof shall have the right to enter a house or structure which is in use as a residence without having first secured a search warrant therefor.

(Ord. 5220 § 71, 2000: Ord. 3618 § 222, 1991)

Chapter 7.46 POLICE SERVICE ANIMALS

7.46.010 Definitions.

7.46.020 Unlawful acts.

7.46.010 Definitions.

As used in this Chapter, the following terms shall have the meanings ascribed to them:

(A) “Area of control” means a vehicle, kennel, pen, enclosure or other surroundings in which a police service animal is temporarily or regularly kept or maintained.

(B) “Handler” means an officer of a law enforcement agency who has been trained in law enforcement activities, performs law enforcement-related duties and uses a police service animal in the performance of those duties.

(C) “Police service animal” means a dog or horse which has been trained in law enforcement activities and which is used by or contracted to a law enforcement agency in the performance of law enforcement duties.

(Ord. 5111 § 2, 1998)

7.46.020 Unlawful acts.

It is unlawful for a person to intentionally or knowingly:

(A) Cause bodily injury or death to a police service animal;

(B) Engage in any conduct likely to cause bodily injury or death to a police service animal;

(C) Lay out, place or administer any poison, trap, substance or object which is likely to cause bodily injury or death to a police service animal;

(D) Taunt, torment, strike or otherwise assault a police service animal;

(E) Throw any object or substance at or in the path of a police service animal;

(F) Interfere with or obstruct a police service animal, or attempt such interference or obstruction;

(G) Interfere with a handler in such a manner as to inhibit, restrict or deprive the handler of his or her control of a police service animal;

(H) Release a police service animal from its area of control, or to trespass within such area;

(I) Place any food, object or substance into a police service animal’s area of control; or

(J) Offer or agree with one or more persons to engage in or cause the performance of any act which violates this Section.

(Ord. 5111 § 3, 1998)

Reno, Nevada

Municipal Code City of Reno Nevada

CHAPTER 8.28. ANIMAL CONTROL*

__________

*Cross references: Health and sanitation, Tit. 10; regulation of pig pens, § 10.04.080; animal hospitals, Ch. 10.12.

__________

Art. I. In General

Sec. 8.28.000 Interlocal agreement for animal services

Sec. 8.28.010. Scope

Sec. 8.28.020. Definitions

Sec. 8.28.030. Restraining animals

Sec. 8.28.040. Keeping of animals in sanitary conditions

Sec. 8.28.050. Keeping of noisy animals

Sec. 8.28.060. Unlawful for person having custody of animal to allow animal to commit nuisance

Sec. 8.28.070. Animal waste disposal

Sec. 8.28.080. Cruelty to animals generally

Sec. 8.28.090. Cruelty to and prohibition of hunting animals

Sec. 8.28.100. Cruelty to or interference with police service animals

Sec. 8.28.110. Riding horses while intoxicated prohibited

Sec. 8.28.120. Animal fighting; pigeon shoots

Sec. 8.28.130. Abandoning injured animals

Sec. 8.28.135. Removal of dead animals.

Sec. 8.28.140. Reserved

Sec. 8.28.150. Endangering animals

Sec. 8.28.160. Transporting animals

Sec. 8.28.170. Overcrowding animals

Sec. 8.28.175. Drove limit of animals.

Sec. 8.28.180. Selling or giving away certain animals

Sec. 8.28.185. Keeping of livestock.

Sec. 8.28.190. Artificially colored or dyed animals or birds

Sec. 8.28.200. Giving away of animals, fish or reptiles

Sec. 8.28.210. Collections and disbursements

Sec. 8.28.215. Horses on sidewalks.

Sec. 8.28.220. Police dogs and horses exempt from chapter

Sec. 8.28.230. Penalties for violations

Art. II. Enforcement

Sec. 8.28.240. Animal control center established

Sec. 8.28.250. Animal regulation officer and personnel

Sec. 8.28.255. Reserved

Sec. 8.28.260. Powers and duties of animal regulation officer

Sec. 8.28.270. Powers and duties of health officer

Sec. 8.28.280. Powers and duties of police department

Sec. 8.28.290. Resisting or obstructing animal regulation officer or personnel unlawful

Art. III. Licenses, Permits and Vaccinations

Sec. 8.28.300. Dog licenses

Sec. 8.28.305. Spay/neuter deposits

Sec. 8.28.306. Adoption contract

Sec. 8.28.310. Vaccination

Sec. 8.28.320. Permit to keep more than three dogs over four months of age or seven cats over four months of age

Sec. 8.28.322. Permit to keep more than three adult dogs or seven adult cats: applications; inspections; fees

Sec. 8.28.324. Permit: Kennel requirements; specifications

Sec. 8.28.326. Permit: Cattery requirements; specifications

Sec. 8.28.328. Permit: Premises inspections

Sec. 8.28.330. Permit: Approval, disapproval of applications; objections; appeals

Sec. 8.28.332 Administrative hearings for objections and appeals

Sec. 8.28.334 Hearing

Sec. 8.28.336 Permit; exemption

Sec. 8.28.338. Permit: Fees; exemption

Sec. 8.28.340. Permit: Suspension; revocation

Sec. 8.28.350. [Reserved.]

Sec. 8.28.360. [Reserved.]

Sec. 8.28.370. [Reserved.]

Art. IV. Impoundment

Sec. 8.28.380. Impoundment of dogs generally

Sec. 8.28.390. Impoundment of unspayed female dogs running at large

Sec. 8.28.400. Redemption of dogs

Sec. 8.28.410. Conditions for release of impounded dogs

Sec. 8.28.420. Disposal of unclaimed dogs

Sec. 8.28.430. Impound fees for cats

Sec. 8.28.440. Impounding of stray animals

Sec. 8.28.445. Adoption of animals; fees

Sec. 8.28.446. Surrender of animals; facility acceptance fee

Sec. 8.28.450. Delivery of trespassing animals by property owners

Sec. 8.28.460. Disposal of stray animals

Sec. 8.28.470. Destruction of dangerous or wild animals

Sec. 8.28.480. Sales of impounded livestock

Art. V. Rabies Control

Sec. 8.28.490. Definitions

Sec. 8.28.500. Rabies vaccination required

Sec. 8.28.510. Duties of veterinarian

Sec. 8.28.520. Quarantine of biting animals

Sec. 8.28.530. Destruction of suspected rabid animals and animals inflicting bites

Sec. 8.28.540. Handling of animals exposed to rabid animals

Sec. 8.28.550. High risk species

Sec. 8.28.560. Enforcement

Sec. 8.28.570. Exemptions

Art. VI. Dangerous Dogs

Sec. 8.28.600. Definitions

Sec. 8.28.610. Registration

Sec. 8.28.620. Requirements

Sec. 8.28.630. Control of dangerous dogs

Sec. 8.28.640. Public safety and penalties

Sec. 8.28.700. Fees, charges, and penalties

ARTICLE I. IN GENERAL

Sec. 8.28.000 Interlocal agreement for animal services.

(a)     Adoption and ratification of Interlocal Agreement. Washoe County, the City of Sparks and the City of Reno have entered into an Interlocal Agreement providing for the consolidation of animal control services in Washoe County. A copy of the Interlocal Agreement is attached hereto and incorporated by reference herein. The adoption of this ordinance by the City of Reno constitutes adoption and ratification of the attached Interlocal Agreement, which agreement shall be effective on the effective date of this ordinance.

(b)     Repeal of Sections 8.28.010 through and including Section 8.28.700 of the Reno Municipal Code. Sections 8.28.010 through and including Section 8.28.700 of the Reno Municipal Code shall be repealed on the date the County assumes the responsibility to perform shelter operations for the Regional Animal Services Shelter and Field Operations for the City of Reno, which at the latest will be July 1, 2005, the date referred to herein and in the attached Interlocal Agreement as "Closing".

(c)     No ordinances adopted related to animal control and animal services after Closing. The City of Reno hereby commits that on and after Closing and so long as this ordinance is in effect, the City will not enact or attempt to enforce City of Reno ordinances covering animal control and animal services as set forth in the Interlocal Agreement.

(d)     City law enforcement to assist county animal control officers. After closing, all law enforcement personnel of the City shall have the authority and power while on duty to assist all County animal control officers in carrying out their duties under the County's animal control ordinance(s) when those animal control officers are operating within the jurisdiction of the City of Reno.

(e)     Notice. The City shall give notice to the City of Sparks and Washoe County in the event the City of Reno takes action to introduce or otherwise act upon an ordinance repealing the ordinance adopting this Interlocal Agreement.

(f)     Effective date. This ordinance shall be in force and effect on and after July 1, 2003.

(Ord. No. 5464, § 1, 6-25-03)

Sec. 8.28.010. Scope.

The provisions of this chapter shall apply to the city and other areas which may enter into a contract for such services requesting the application of the provisions hereof while within the confines of the city.

(Code 1966, § 11.24.020)

Sec. 8.28.020. Definitions.

The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them:

(a)     Animal means every domesticated and tame living creature, except members of the human race.

(b)     At large means every instance in which a dog is found to be beyond the custody and control of its owner or other person responsible therefore. A dog is deemed to be "at large" when it is found off the premises of its owner or other person responsible therefore and not under control by physical restraint such as a leash, cord or chain.

(c)     Breeder means a person who keeps dogs and cats for the purpose of producing offspring for sale.

(d)     Cat means any domestic feline animal, male or female, sexed or neutered.

(e)     Cattery means a building, room or area used to house cats.

(f)     Confined means the dog is restricted to the property of the owner by leash, cord, chain, wall or fence barrier.

(g)     Dog means any domestic canine animal, male or female, sexed or neutered.

(h)     [ Reserved. ]

(i)     Dog pound means the animal control center designated by the city council to receive animals.

(j)     Immediate supervision means there is an adult within sight who can both monitor and control the behavior and actions of an animal.

(k)     Kennel means an enclosure where more than three dogs over four months of age are kept and maintained.

(l)     Owner means any person keeping, harboring, or having charge or control of, or permitting any animal habitually to be or remain on, or be lodged or fed within, such person's house, yard or premises, excluding therefrom veterinarians or kennel operators temporarily maintaining on their premises, for a period of 30 days or less, animals owned by others.

(m)     Residence means a totally enclosed structure which is the primary place where a person resides, sleeps and eats their meals.

(n)     Service animal means an animal which has been or is being trained to provide a specialized service to a handicapped person by a school that is approved by the Rehabilitation Division of the Department of Employment and Rehabilitation of the State of Nevada to train such an animal.

(o)     Special event includes but is not limited to:

(1)     Any activity involving entertainment and/or amplified sound, food, beverage, merchandise sales or any activity promoted as a festival, trade show open to the public, craft show, public dance, special event, concert or performance, or

(2)     Any activity that substantially increases or disrupts the normal flow of traffic on any street or highway, or

(3)     Any activity which involves the use of public facilities; or

(4)     Any activity which involves the use of any city services that would not be necessary in the absence of such an event.

(p)     Torture or cruelty means every act or omission or commission whereby unjustifiable physical pain, suffering or death is caused or permitted.

(q)     Veterinarian means a member of the profession of veterinary medicine as described in the State of Nevada Veterinary Practice, Chapter 638, Nevada Revised Statutes or as defined by the applicable veterinary practice act in any state of the United States and licensed to practice in the State of Nevada.

(Code 1966, §§ 11.24.010, 11.24.065; Ord. No. 3982, § 1, 7-24-90; Ord. No. 4232, § 1, 6-9-92; Ord. No. 4753, § 1, 5-20-97; Ord. No. 4943, § 1, 12-8-98; Ord. No. 5220, § 1, 2-27-01; Ord. No. 5523, § 1, 12-3-03)

Cross references: Definitions generally, § 1.01.020.

Sec. 8.28.030. Restraining animals.

(a)     Every person who is the owner of or has the care, custody or control of any cow, dog, goat, horse, ox, poultry, rabbits or any other rodent, sheep, swine or wild animal, has an absolute duty to keep the same upon the premises under the control of such person, restrained by a fence, cage, coop, chain, leash or other adequate means so that the animal shall not leave the premises upon which it is kept.

(b)     It is unlawful for the owner or person having custody of any dog to allow the dog to be in a public park or other public property unless the dog is on a leash. No leash shall be more than ten feet in length. This provision shall not apply to special areas that may be designated by the city manager for training programs or purposes under direct obedience command.

(c)     It is unlawful for the owner or person having custody of any dog to permit the dog to be at large within the City of Reno.

(d)     It is unlawful for any person to bring an animal into the area designated for a special event during the course of the event when posted in accordance with this section. This provision shall not apply to guide dogs, hearing dogs and helping dogs assisting handicapped persons as provided in NRS Chapter 426, to police service animals, or to the presence of animals provided by the special event permittee as part of or participants in the special event.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78; Ord. No. 3982, § 2, 7-24-90; Ord. No. 4365, § 1, 1-25-94; Ord. No. 5220, § 2, 2-27-01)

Sec. 8.28.040. Keeping of animals in sanitary conditions.

No person shall keep any animal unless its area is kept clean and free from offensive odors, animal wastes and nuisance matter.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

Sec. 8.28.050. Keeping of noisy animals.

It is unlawful for any person to keep, harbor or own any animal or poultry which by loud or frequent habitual barking, yelping, braying or other noise cause annoyance to the neighborhood or to any persons in the vicinity.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

Sec. 8.28.060. Unlawful for person having custody of animal to allow animal to commit nuisance.

(a)     It is unlawful for the owner or person having the care, custody or control of any animal to permit, either willfully or through failure to exercise due care or control, any such animal to commit any nuisance upon any public property or any other property under the control of or in the possession of any other person, whether or not open to the public.

(b)     "Nuisance" shall mean any act, conduct or circumstance, which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property of others.

(Ord. No. 4034, § 1, 11-27-90)

Editor's note: Ord. No. 3982, § 3, adopted July 24, 1990, repealed § 8.28.060, committing of nuisances, in its entirety. Former § 8.28.060 derived from the Code of 1966, § 11.24.100, and Ord. No. 2706, § 1, adopted October 23, 1978.

Sec. 8.28.070. Animal waste disposal.

(a)     It shall be unlawful for any person owning or having control or custody of any animal to permit the animal to defecate upon the public property of this city or upon the private property of another unless the person immediately removes the feces and properly disposes of it; provided, however, that nothing herein contained authorizes such person to enter upon the private property of another without permission.

(b)     It shall be unlawful for any person to walk a dog on public property of this city or upon the private property of another without carrying at all times a suitable container or other suitable instrument for the removal and disposal of dog feces.

(c)     Handicapped persons who use seeing-eye dogs are exempt from this section. Persons whose dogs are participating in dog shows or direct command obedience classes are exempt from this section while their animals are actually participating in such shows or classes, but all feces must be removed and disposed of immediately upon the conclusion of the show or class.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78; Ord. No. 3982, § 4, 7-24-90)

Sec. 8.28.080. Cruelty to animals generally.

(a)     It is unlawful for any person to overdrive, overload, torture or cruelly beat, or unjustifiably injure, maim, mutilate or kill any animal whether belonging to himself or to another, or deprive any animal of necessary sustenance, food, drink or shelter, or wilfully instigate, engage in, or in any way further an act of cruelty to any animal, or any act to produce such cruelty.

(b)     Nothing contained in this section shall be construed to prohibit or interfere with the animal regulation officer in the exercise and performance of the powers and duties in this chapter set forth.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

State law references: Cruelty to animals, NRS Ch. 574.

Sec. 8.28.090. Cruelty to and prohibition of hunting animals.

(a)     It shall be unlawful for any person in the city to beat or torture an animal, whether belonging to himself or to any other person.

(b)     It shall be unlawful for any person in the city to hunt any game animals, migratory game birds, upland game birds or nongame birds. There shall be excepted from the provisions of this subsection (b) the state fish and game commission and its employees and agents while performing their duties as imposed by law.

(c)     It shall be unlawful for any person to maliciously shoot, poison, kill, injure, abuse or ill-treat any dog, and any person who kills or injures a dog while driving a vehicle shall stop at the scene of the accident and shall immediately report the incident to the police department.

(d)     As used in this section, the term "to hunt" means the search for or pursuit of game animals, game birds or nongame birds for the purpose and with the means of capturing and killing the same, and shall include the shooting, killing, capturing, wounding, injuring or crippling of game animals, game birds or nongame birds, and the pursuing, tracking, calling, baiting and decoying of such animals or birds with intent to shoot, kill, capture, wound, injure or cripple the same, and the disturbing or worrying of game animals, game birds or nongame birds, whether the same results in the shooting, killing, capturing, wounding, injuring or crippling or not, and every attempt to shoot, kill, capture, wound, injure, cripple, pursue, track, call, bait or decoy such game animals, game birds or nongame birds, and every act of assistance to any other person in shooting, killing, capturing, wounding, injuring, crippling, pursuing, tracking, calling, baiting or decoying game animals, game birds or nongame birds.

(e)     As used in this section, the term "migratory game birds" means and includes the band-tailed pigeon, the mourning dove, the white-winged dove, the Anatidae or water-fowl, commonly known as geese, brant, swans, river and diving ducks, the snipe, the rails and the coots.

(f)     As used in this section, the term "nongame birds" means and includes all wild birds other than those classified as migratory, upland game or predatory birds, as defined in NRS 501.075.

(g)     As used in this section, the term "game animals" means and includes the elk, antelope, deer, mountain sheep, mountain goat, black, brown or grizzly bear, javelina, cottontail rabbit, pygmy rabbit, mountain hare, and all species of squirrels other than ground squirrels.

(h)     As used in this section, the term "upland game birds" means and includes the sagehen and sagecock and all other grouse, wild turkey, all pheasants, bobwhite quail, mountain quail, valley quail, Gambel quail and all other quail, and Hungarian chukar and all other partridge.

(Code 1966, § 11.12.050)

State law references: Hunting, fishing and trapping regulations, NRS Ch. 503.

Sec. 8.28.100. Cruelty to or interference with police service animals.

It is unlawful for a person to intentionally or knowingly:

(a)     Cause bodily injury or death to a police service animal;

(b)     Engage in any conduct likely to cause bodily injury or death to a police service animal;

(c)     Lay out, place or administer any poison, trap, substance or object which is likely to cause bodily injury or death to a police service animal;

(d)     Taunt, torment, strike or otherwise assault a police service animal;

(e)     Throw any object or substance at or in the path of a police service animal;

(f)     Interfere with or obstruct a police service animal, or attempt such interference or obstruction;

(g)     Interfere with a handler in such a manner as to inhibit, restrict or deprive the handler of his or her control of a police service animal;

(h)     Release a police service animal from its area of control, or to trespass within such area;

(i)     Place any food, object or substance into a police service animal's area of control; or

(j)     Offer or agree with one or more persons to engage in or cause the performance of any act which violates this section.

(Code 1966, § 11.24.140; Ord. No. 5220, § 3, 2-27-01)

Sec. 8.28.110. Riding horses while intoxicated prohibited.

It is unlawful for any person to ride or drive a horse while under the influence of intoxicating liquor or drugs.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

Sec. 8.28.120. Animal fighting; pigeon shoots.

It is unlawful for any person to keep or use, or be in any manner connected with or interested in the management of, or receive money or other things of value for the admission of any person to a house, apartment, pit or place to wilfully procure or permit the same to be used or occupied for such baiting or fighting, or to instigate, promote, arrange or carry on, or do any act as assistant, umpire, principal, spectator or otherwise, in aid of or calculated to encourage or further any fight between birds or animals. It is unlawful for any person to provide or use pigeons or other birds, or to fire upon the same, in connection with any "shoot" which may result in the killing or injuring of any pigeons and such other birds.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

State law references: Instigating fights between birds and animals, NRS 574.070.

Sec. 8.28.130. Abandoning injured animals.

It is unlawful for any person owning, possessing or having the care, custody and control of a maimed, disabled or infirm animal, to abandon the same, or leave it to die in a public street, road, alley or other public place, or upon the private property of himself or another, more than one hour after he receives notice that it is left disabled.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

State law references: Similar provisions, NRS 574.110(1).

Sec. 8.28.135. Removal of dead animals.

It is unlawful for any person having charge of any animal which may die, to neglect or refuse to remove, or cause to be removed, such dead animal to the municipal dump, and to provide for the disposal of the same in the manner provided by law within six hours after having notice of the death of such animal.

(Ord. No. 4649, § 1, 7-9-96)

Sec. 8.28.140. Reserved.

Editor's note: Ord. No. 5233, § 1, adopted April 10, 2001, repealed § 8.28.140, which pertained to poisoning animals. See the Code Comparative Table.

Sec. 8.28.150. Endangering animals.

It is unlawful for any person to wilfully throw, drop or place, or cause to be thrown, dropped or placed upon any road, highway, street, alley or public place, or upon the private property of another, any glass, nails, pieces of metal or other substance or device which might wound, disable or injure any animal, or to drop, place, or throw or cause to be dropped, placed or thrown any substance or device upon his own property with intent to wound, disable or injure any animal.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

State law references: Similar provisions, NRS 574.160.

Sec. 8.28.160. Transporting animals.

(a)     It is unlawful for any person to carry or enclose, or cause to be carried or enclosed, in or upon any vehicle or conveyance, any animal in a cruel or inhumane manner, or so as to produce torture. Appropriate shelter, taking into account outside weather conditions, shall be provided to any animal transported or carried in or upon any vehicle or conveyance.

(b)     No person, other than an individual actually working a dog for ranching purposes, shall transport or carry, on any street, highway, alley or premises to which the public has access, any dog in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a cap, container, cage or other enclosing device secured to the vehicle, or confined by means of a humane tethering device in such a manner as to prevent the dog from falling, from being thrown from or jumping from the motor vehicle.

(c)     Any tethering device used to confine a dog in a motor vehicle as described in paragraph (b) must be a cross-tie construction secured to the animal by means of a harness and secured to the sides of the vehicle in such a manner as to ensure that the dog will remain centered in the vehicle. Tethering devices shall provide for the use of a harness and shall not include tethering by utilizing a collar, choke chain or any other device that attaches to the dog's neck.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78; Ord. No. 3991, § 1, 8-28-90; Ord. No. 4037, § 1, 12-11-90)

Cross references: Vehicles and traffic, Tit. 6.

State law references: Carrying animal in cruel manner, NRS 574.190.

Sec. 8.28.170. Overcrowding animals.

It is unlawful for any person to overcrowd in any crate, box or other receptacle, rabbits, domestic fowl or poultry, or fail to provide food, water, shelter or sanitation for same.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

State law references: Overloading animals, NRS 574.100.

Sec. 8.28.175. Drove limit of animals.

It is unlawful for any person to drive any loose horses, mules,cattle, hogs, sheep or other animals through any part of the city;provided that a drove of not more than four horses or mules,at any one time, securely fastened together and led by one or morepersons, may be taken through any of the streets of the city, ata gait not faster than a walk.

(Ord. No. 4649, § 2, 7-9-96)

Sec. 8.28.180. Selling or giving away certain animals.

It is unlawful for any person to sell or offer for sale, barter, or give away, baby chicks, rabbits, ducklings, or other fowl as pets or novelties. This section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fowls, in proper breeder facilities by hatcheries or stores engaged in the business of selling the same to be raised for commercial purposes.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

Sec. 8.28.185. Keeping of livestock.

It shall be unlawful for any person to keep or maintain livestock including, but not limited to, any goat, horse, cow, sheep, mule or hog in such a manner as to constitute a nuisance to adjacent properties.

(Ord. No. 4649, § 3, 7-9-96)

Sec. 8.28.190. Artificially colored or dyed animals or birds.

It is unlawful for any person to dye, color or artificially treat any baby chick, rabbit, duckling, fowl or other animal.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

Sec. 8.28.200. Giving away of animals, fish or reptiles.

It is unlawful for any person in connection with any advertising campaign or promotion to give, or offer to give, as a gift or prize any live animal, reptile, bird or fish of any description whatsoever or for any owner, operator or agent of any carnival, fair or amusement park to use any live animal, reptile, bird or fish as or for a target or to use any live animal, reptile, bird or fish in any cruel or unusual manner; provided, however, this shall not prohibit the proper display of animals, birds, fish or reptiles in proper facilities for educational purposes.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

Sec. 8.28.210. Collections and disbursements.

All moneys collected under this chapter unless otherwise provided by the city council shall be paid over to the city clerk for deposit in the general fund. All expenses and disbursements incurred in carrying out and enforcing the provisions hereof shall be paid out of the same fund.

(Code 1966, § 11.24.040)

Sec. 8.28.215. Horses on sidewalks.

It shall be unlawful for any person to ride, drive or lead any horse, mule, or other animal of similar kind upon any sidewalk in the city, except at regular crossings, or to suffer any horse or other animal to stand thereon.

(Ord. No. 4649, § 4, 7-9-96)

Sec. 8.28.220. Police dogs and horses exempt from chapter.

Any and all dogs and horses in use by the police department shall be exempt from any and all provisions as pertains to animals, with the exception of article V of this chapter.

(Code 1966, § 11.24.130)

Sec. 8.28.230. Penalties for violations.

Any person violating any of the provisions of this chapter:

(1)     Upon conviction, shall be guilty of a misdemeanor and punished as provided in section 1.04.010; or

(2)     Shall be subject to provisions of Chapter 1.05 of the Code.

(Code 1966, § 11.24.150; Ord. No. 4364, § 1, 1-25-94; Ord. No. 5070, § 1, 11-9-99)

ARTICLE II. ENFORCEMENT

Sec. 8.28.240. Animal control center established.

(a)     There is established the animal control center which is and shall be maintained in such place as is provided for from time to time by the city council.

(b)     The operation, direction, supervision and necessary control of the animal control center, shall be duties delegated by or, contracted for by, the city council.

(c)     Any contracted service which may be granted for operation of the animal control center shall not become effective until a written agreement is entered into with a person or persons offering the best and most advantageous terms to the city.

(Code 1966, § 11.24.020)

Sec. 8.28.250. Animal regulation officer and personnel.

(a)     The animal regulation officer, who has at least three consecutive years of prior active supervisory and administrative experience with animals, shall be appointed by the city manager subject to the confirmation of the city council, unless otherwise provided for by the city council.

(b)     Animal control officers and other personnel may be designated as required to properly discharge the duties required by this chapter.

(c)     The animal regulation officer and the personnel employed at the animal control center shall be subject to the direction and control of the city manager unless otherwise provided for.

(Code 1966, §§ 11.24.020, 11.24.050)

Sec. 8.28.255. Reserved

Editor's note: Ord. No. 4943, § 1, adopted Dec. 8, 1998, repealed § 8.28.255, which pertained to regulation of horses used to draw horse-drawn vehicles. See the Code Comparative Table.

Sec. 8.28.260. Powers and duties of animal regulation officer.

The powers and duties of the animal regulation officer shall be as follows:

(1)     To enforce all provisions of this chapter and all laws of the state relating to the care, treatment and impounding of animals;

(2)     To maintain and keep the animal control center or other place where all animals which are subject to be impounded may be kept and safely held and provided with sufficient food, water and shelter.

(3)     To take up, impound and safely keep any animal found to be in violation of the provisions of this chapter;

(4)     To collect any costs or charges hereinafter provided in this chapter for the impounding and keeping of any animal;

(5)     To enter upon any premises upon which any animal is kept, with the consent of the owner, or his agent, for the purpose of taking, seizing or impounding any animal found to be in violation of any of the provisions of this chapter or for the purpose of determining whether such animal is licensed or is violating the provisions of this chapter;

(6)     To forthwith destroy any animal lawfully impounded which is shown by reason of injury, disease or other cause to be unfit for further use or is dangerous to keep impounded;

(7)     To keep an accurate record of all animals impounded; to account for all money received and disbursed; and to record all reports received involving animals, including all reports of dog bites and the time of the report, the person making the report and the disposition of each such case; each such report shall be investigated and the animal properly quarantined or impounded in accordance with the provisions of this chapter;

(8)     In the performance of his duties, the animal regulation officer and each of his deputies shall have the authority to employ the use of the tranquilizer gun and all other animal control services commonly used by other animal control agencies located within the state.

(Code 1966, § 11.24.030)

Sec. 8.28.270. Powers and duties of health officer.

The health officer employed is empowered to enter upon any private property, with the consent of the owner, or the owner's agent, for the purpose of ascertaining whether any dog or other animal kept or harbored is infected with rabies. If it shall appear to the health officer or the animal regulation officer that a dog or other animal has rabies, he shall forthwith impound for observation such animal until examined by a veterinarian and released.

(Code 1966, § 11.24.030)

Sec. 8.28.280. Powers and duties of police department.

It shall be the duty of the chief of police and every police officer in the city, while on duty, to assist when required in carrying out the provisions of this chapter.

(Code 1966, § 11.24.030)

Sec. 8.28.290. Resisting or obstructing animal regulation officer or personnel unlawful.

No person shall interfere with or oppose or resist the chief of police or any of his officers, the animal regulation officer or any of his deputies, or the county district health officer or any member of the health department while engaged in the performance of their duties pertaining to the enforcement of this chapter. All such officers, members and employees are hereby empowered to enforce all of the provisions of this chapter.

(Code 1966, § 11.24.060)

ARTICLE III. LICENSES, PERMITS AND VACCINATIONS

Sec. 8.28.300. Dog licenses.

(a)     Required. Every person keeping, harboring or having within and under city jurisdiction any dog over the age of four months shall, within 30 days after the dog attains this age, or after first bringing the dog into the city, obtain for the dog and thereafter continuously maintain for the dog a current and valid dog license issued by the city and shall comply with the vaccination provisions of this article.

(b)     Renewals. Each dog license issued by the city shall be annual from January first to December thirty-first of each year, but shall be considered current and valid for an additional 30 days after December thirty-first. After this date, a penalty fee shall be charged for late licensing.

(c)     Fees. Each person owning or having the care, custody or control or maintaining a dog in the city shall pay to the city an annual license fee for each such spayed female or neutered male dog and for each unaltered male or female dog. A dog owner shall pay the fee established for an unaltered dog unless the owner presents to the animal regulation officer at the time of securing the license a certificate of a licensed veterinarian that the dog is spayed or neutered.

(d)     Attaching license to dog. The owner of any dog licensed under this section shall securely fasten about the neck of the dog a collar with the number of the license cut or engraved thereon, or a tag attached thereto bearing the number of such license. It shall be unlawful for any person to remove any license tag issued under the provisions of this section from any dog not owned by him or not lawfully in his possession or under his control, or for any person to place on any dog, or to permit any dog in his control or possession to wear any license tag not issued or provided in this section for that particular dog for the then current calendar year, or to have in possession or to make or place on a dog or to have in possession any dog wearing any counterfeit or imitation of any license tag provided for in this section.

(e)     License receipts and tags. The animal regulation officer shall issue to each person paying a license fee a receipt stating the amount and date of payment and the date of expiration of the dog license, and containing a brief description of the dog, and he shall furnish the owner a numbered tag of durable material unless the owner prefers to cut or engrave the number directly upon the dog collar. If a tag is lost, the owner shall procure a new license and pay the fee of $2.00 therefor.

(f)     Exemptions. Notwithstanding the foregoing, the provisions relating to licensing do not apply to a dog under four months of age, provided it is kept within an enclosure and is not allowed to run at large. The provisions of subsection (c) do not apply to a dog which has been trained and is actually being used to act as a helper for a disabled person.

(Code 1966, § 11.24.070; Ord. No. 3086, § 1, 6-13-83; Ord. No. 3208, § 1, 9-10-84; Ord. No. 3717, § 1, 8-22-88; Ord. No. 3950, § 1, 5-22-90; Ord. No. 5036, § 1, 9-14-99)

Sec. 8.28.305. Spay/neuter deposits.

Every person seeking to adopt a dog or cat from the animal control facility shall, prior to adopting said dog or cat, deposit with animal control a spay/neuter fee as follows:

(1)     Cat . . . $ 25.00

(2)     Dog under 40 pounds . . . 40.00

(3)     Dog over 40 pounds . . . 50.00

(Ord. No. 4128, § 1, 7-9-91)

Sec. 8.28.306. Adoption contract.

Every person seeking to adopt a dog or cat from the animal control facility shall, prior to adopting said dog or cat, sign an adoption contract approved by the director of the animal control facility agreeing to, among other things, having said dog or cat spayed or neutered on or before a date certain as provided in the contract.

Failure to have said dog or cat spayed or neutered on or before the time provided in the adoption contract is a misdemeanor.

(Ord. No. 4128, § 1, 7-9-91)

Sec. 8.28.310. Vaccination.

(a)     Dog vaccination required. Every person keeping, harboring or having a dog over the age of four months within and under city jurisdiction shall cause such dog to be vaccinated with rabies vaccine within a period of 30 days from the date of harboring, keeping or having the dog within the city, or from the date the dog attains the age of four months; provided, however, that the aforesaid provisions shall not apply so as to require the vaccination of any dog which has been vaccinated by a person licensed by the state, or by another state or nation, to practice veterinary medicine hereinafter prescribed in this section. If chick embryo or tissue culture vaccine was used in such vaccination, it must have been completed within two years prior to the date such dog was kept, harbored or brought into the city. If tissue phenolized vaccine was used, such vaccination must have been completed within six months prior to the date such dog was kept, harbored or brought into the city.

(b)     Revaccination of dogs:

(1)     Chick embryo or tissue culture vaccine. Every person keeping, harboring or having a dog in the city which has been vaccinated with chick embryo or tissue culture vaccine shall cause such dog to be revaccinated within a period of not more than two years after such prior vaccination.

(2)     Tissue phenolized vaccine. Every person keeping, harboring, or having a dog in the city which has been vaccinated with tissue phenolized vaccine shall cause such dog to be revaccinated with rabies vaccine within a period of not more than one year after such prior vaccination.

(3)     Dog vaccination certificate. Every person practicing veterinary medicine in the city who vaccinates a dog with rabies vaccine shall issue to the person keeping, harboring or having such a dog a certificate which is signed by the veterinarian and which states thereon the name, sex, age and description of the dog, the date of such vaccination, and the type of vaccine used.

(c)     Certificates required for dog licensing. Every person applying for a dog license must exhibit a certificate issued by a person licensed by the state, or any other state or nation, to practice veterinary medicine, which certificate shall show that the dog for which the license shall be issued has been vaccinated in accordance with the provisions of this section, whether the dog is a female or male, and if the dog is sterilized. A license for such dog shall not be issued unless and until such a certificate is so exhibited; provided, however, that the city may accept the license fee from the applicant and withhold issuance of the license until the certificate or exemption permit is provided. A rabies certificate of vaccination must be valid for at least six months of the licensing period.

(d)     Vaccination of cats and other animals. The same vaccination procedure shall apply to cats and other animals if the county district health officer shall deem this prudent to insure the safety of the public.

(Code 1966, § 11.24.070)

State law references: Authority for city to require inoculation of dogs against rabies, NRS 268.427.

Sec. 8.28.320. Permit to keep more than three dogs over four months of age or seven cats over four months of age.

(a)     A person shall not keep more than three dogs over four months of age, nor more than t seven cats over four months of age for more than 30 days within the city without first obtaining a permit issued in accordance with section 8.28.322.

(b)     Persons who, on the effective date of this ordinance, have more than three adult dogs or seven adults cats shall have until April 30, 2004 to meet the permit requirements of this chapter.

(c)     All dogs or cats on premise are subject to the permit requirements contained herein.

(Code 1966, § 11.24.070; Ord. No. 3950, § 1, 5-22-90; Ord. No. 5036, § 1, 9-14-99; Ord. No. 5523, § 2, 12-3-03)

Sec. 8.28.322. Permit to keep more than three adult dogs or seven adult cats: applications; inspections; fees.

(a)     Application for a permit to keep more than three adult dogs or seven adult cats must be made to the animal control officer.

(b)     An application for a permit to keep more than three adult dogs must:

(1)     Specify the maximum number of dogs for which a permit is requested;

(2)     Be accompanied by construction drawings showing the proposed design and location of the kennel required under section 8.28.324. If the dogs are to be kept in an existing kennel, a detailed drawing of the kennel must be submitted. All drawings must specify the type and size of the kennel, the type of material used to construct the kennel and the location of the kennel on the premises; and

(3)     Be accompanied by an application fee in the amount established by the city council. "Releasing agencies", as defined by Nevada Revised Statutes, are exempt from the application fee.

(c)     An application for a permit to keep more than seven adult cats must:

(1)     Specify the maximum number of cats for which a permit is requested;

(2)     Be accompanied by construction drawings showing the proposed design and location of the cattery required under section 8.28.326. If the cats are to be kept in an existing cattery, a detailed drawing of the cattery must be submitted. All drawings must specify the type and size of the cages, the type of material used to construct the cattery and the location of the cattery on the premises; and

(3)     Be accompanied by an application fee in the amount established by the city council. "Releasing agencies", as defined by Nevada Revised Statutes, are exempt from the application fee.

(d)     Upon receipt of an application to keep more than three adult dogs, the animal control officer shall review the drawings of the kennel and inspect the premises for which the application for a permit is made to determine that:

(1)     Keeping the dogs at the location specified in the application will not violate any ordinance of Washoe County, regulation of the Washoe County District Board of Health or any law of the State of Nevada;

(2)     The kennel will meet the requirements contained in section 8.28.324;

(3)     Maintenance of the dogs will not endanger the peace, health or safety of persons residing in the city;

(4)     The premises are capable of being maintained in a clean and sanitary condition, and any dog therein will not be subject to neglect, cruelty or abuse; and

(5)     Keeping and maintenance of the dogs will not constitute a nuisance as defined in RMC 8.28.060.

(e)     Upon receipt of an application to keep more than seven adult cats, the animal control officer shall review the drawings of the cattery and inspect the premises for which the application for a permit is made to determine that:

(1)     Keeping the cats at the location specified in the application will not violate any ordinance of Washoe County, regulation of the Washoe County District Board of Health or any law of the State of Nevada;

(2)     The cattery will meet the requirements contained in section 8.28.326;

(3)     Maintenance of the cats will not endanger the peace, health or safety of persons residing in the city;

(4)     The premises are capable of being maintained in a clean and sanitary condition, and any cat therein will not be subject to neglect, cruelty or abuse; and

(5)     Keeping and maintenance of the cats will not constitute a nuisance as defined in RMC 8.28.060.

(Ord. No. 5523, § 4, 12-3-03)

Sec. 8.28.324. Permit: Kennel requirements; specifications.

(a)     The dogs which are the subject of the permit must be kept in a kennel or under the immediate supervision of a responsible adult, except when inside the residence.

(b)     Except as provided in subsection (d), new kennels must:

(1)     Be not less than six feet in width by 10 1/2 feet in length by six feet in height (540 cubic feet) for four small size dogs such as Toy Poodles, Pekinese and Chihuahuas. The width of the kennel shall be increased by two feet for each additional dog.

(2)     Be not less than 14 feet in width by 12 feet in length by six feet in height (1,008 cubic feet) for four medium size dogs such as Labrador Retrievers, German Shepherds and Collies. The width of the kennel shall be increased by four feet for each additional dog.

(3)     Be not less than 18 feet in width by 20 feet in length by six feet in height (2,160 cubic feet) for four large size dogs such as Saint Bernards and Great Danes. The width of the kennel shall be increased by six feet for each additional dog.

(c)     In addition to the requirements of subsection (b), new kennels must:

(1)     Be constructed of not less than 11 gauge chain link fence or of other material of equal strength upon approval of the animal control officer.

(2)     Have a concrete floor. Wood, gravel or dirt flooring is permitted if the kennel walls have concrete footings not less than 24 inches in depth. The walls of the kennel shall be securely fixed to the concrete floor or footings. When deemed necessary by the animal control officer, the top of the kennel shall be enclosed and shall be securely attached to the walls; and

(3)     Contain an area sheltered from adverse climatic conditions to which the dogs have access at all times.

(4)     Width and length of kennels may be altered upon approval of the animal control officer provided that the overall cubic foot size requirements specified in subsection (b) are met.

(5)     If the dogs will be kept in an existing kennel, the animal control officer shall inspect to determine that the kennel is adequate or meets the requirements contained in this section. The animal control officer may specify alterations to be made to an existing kennel to meet the requirements of this section.

(Ord. No. 5523, § 4, 12-3-03)

Sec. 8.28.326. Permit: Cattery requirements; specifications.

The cats which are the subject of the permit must be kept in a cattery. The cattery must conform to the Cat Fancier Association's Cattery Standards, as determined by the animal control officer. Cages used to house the cats must meet the minimum space requirements of 30 cubic feet as specified in the Cat Fancier Association's Cattery Standards.

(Ord. No. 5523, § 5, 12-3-03)

Sec. 8.28.328. Permit: Premises inspections.

As a condition of approval of a permit to keep more than three adult dogs or more than seven adult cats, the permittee agrees to allow the animal control officer to inspect the premises which are the subject of the permit at any reasonable time.

(Ord. No. 5523, § 6, 12-3-03)

Sec. 8.28.330. Permit: Approval, disapproval of applications; objections; appeals.

(a)     Within ten days following the inspection of the premises and review and approval of the kennel or cattery drawings, the animal control officer shall notify, in writing, each person residing within 200 feet of the location at which the animals will be kept or maintained and each person residing on adjacent property that a kennel or cattery permit application has been filed and the street address of the applicant. If no objection to the application is filed within the time limit and in the manner hereinafter provided, the animal control officer shall notify the applicant that he may proceed to construct or remodel the kennel or cattery. In addition, the animal control officer may specify additional conditions on the issuance of the permit.

(b)     If any person notified pursuant to subsection 1 objects to the issuance of the permit, he shall have 15 days after receipt of notification to file a written objection with the city. If an objection is filed, the city shall notify the applicant of that fact and of the date on which the matter will be heard.

(c)     If the applicant for the permit objects to the animal control officer's requirements concerning construction or remodeling of the kennel or cattery, objects to other conditions imposed by the animal control officer, or wishes to appeal a denial of a permit, the applicant may file a request with the city for a hearing. Any such request must be filed within 15 days of the animal control officer's decision regarding the kennel or cattery and the permit.

(d)     Objections and appeals will be heard by the administrative hearing officer as provided in section 8.28.332.

(e)     If the applicant is required to construct or remodel the kennel or cattery, he must apply to the building department for the appropriate permits within ten days of receipt of notice that preliminary approval is granted. The kennel or cattery must be constructed or remodeled within 60 days of issuance of the building permit and in strict compliance with the plans reviewed by the animal control officer, including any conditions imposed thereon and/or any conditions imposed by the administrative hearing officer. In case of demonstrated hardship or for other good cause, the animal control officer may permit a longer period of time in which to construct or remodel the kennel.

(f)     Upon completion of the construction or remodeling of the kennel or cattery in accordance with the requirements established by the animal control officer and final inspection by the city, the animal control officer shall issue the kennel or cattery permit.

(g)     If the animal control officer does not approve the kennel or cattery drawings or the administrative hearing officer prohibits the keeping of more than three adult dogs or seven adult cats on the premises, the applicant shall, within 30 days of the disapproval or prohibition, comply with the provisions contained in section 8.28.320. If the kennel or cattery is not constructed or remodeled within the time limit specified in subsection (e), the applicant must immediately comply with the provisions of section 8.28.320.

(h)     If the administrative hearing officer prohibits the keeping of more than three adult dogs or seven adult cats on the premises and the applicant files a timely appeal in accordance with section 8.28.332(d), compliance with section 8.28.320 will be stayed pending resolution of the appeal.

(Code 1966, § 11.24.070; Ord. No. 5523, § 7, 12-3-03)

Sec. 8.28.332. Administrative hearings for objections and appeals.

(a)     The following procedure will govern the conduct of hearings for applicants' appeals of conditions on permits and objections to the issuance of a permit by anyone entitled to notice under section 8.28.330(a).

(b)     An applicant appealing conditions placed upon a permit or a person entitled under section 8.28.330(a) to file an objection to the granting of a permit may do so by filing a written statement setting forth fully the grounds for appeal or the grounds for objection to the issuance of the permit.

(c)     Upon receipt of the appeal or objection, the administrative hearing officer shall set the matter for hearing within ten business days and cause notice of the time and place to be given to the applicant and any persons objecting to the issuance of the permit. Notice shall be given no less than five business days prior to the date of such hearing.

(d)     The hearing shall be conducted in the manner set forth in section 8.28.334. The decision and order of the administrative hearing officer shall be final and conclusive. The city, the applicant and persons with standing to file objections to the issuance of the permit shall have the right to appeal the decision of the administrative hearing officer to municipal court, unless appeal to another tribunal is required by law. Any appeal from the hearing officer's decision must be taken within 30 calendar days after notice of the final decision. Trial in municipal court shall be de novo.

(Ord. No. 5523, § 8, 12-3-03)

Sec. 8.28.334 Hearing.

(a)     All parties may be present at a hearing conducted pursuant to section 8.28.332, may be represented by counsel, may present testimony, and may cross-examine witnesses.

(b)     The hearing need not be conducted according to the technical rules relating to evidence and witnesses and may be continued from time to time.

(c)     The administrative hearing officer shall deliberate upon the evidence and render a decision. If a decision is not rendered within ten business days after the conclusion of the presentation of evidence, the action will be deemed to be resolved in favor of the applicant.

(d)     The administrative hearing officer shall file his or her written order. A copy of the order shall be served personally or by certified mail, return receipt requested, to the parties at the addresses set forth in the written appeal.

(Ord. No. 5523, § 9, 12-3-03)

Sec. 8.28.336 Permit; exemption.

A permit is not required for:

(a)     kennels or catteries used to board animals owned by other persons and operated pursuant to a business license;

(b)     breeders operating pursuant to a business license;

(c)     kennels used by a member of a law enforcement agency for dogs used in the service of the agency;

(d)     dogs or cats under the age of four months if kept within a sufficient enclosure;

(e)     dogs or cats held by or in the custody or in the control of persons who are nonresidents of the city and who are temporarily in the city for a period not to exceed 30 days;

(f)     dogs or cats brought to the city for participation in any dog or cat show or exhibition;

(g)     dogs or cats belonging to activated military personnel that are being cared for by a resident of the city for the period of the activation, but in no event for a period greater than 12 months; or

(h)     service animals.

(Ord. No. 5523, § 10, 12-3-03)

Sec. 8.28.338. Permit: Fees; exemption.

(a)     A person owning or operating a kennel pursuant to a permit need not license each dog contained therein but shall pay an annual permit fee set by resolution of the city council. The fee shall be used to defray costs of inspection of the kennel by the animal control officer and shall be paid each year not later than the date on which the initial fee was paid.

(b)     A person owning or operating a cattery pursuant to a permit shall pay an annual permit fee set by resolution of the city council. The fee shall be used to defray costs of inspection of the cattery by the animal control officer and shall be paid each year not later than the date on which the initial fee was paid.

(Ord. No. 5523, § 11, 12-3-03)

Sec. 8.28.340. Permit: Suspension; revocation.

(a)     A permit issued pursuant to this section may be suspended or revoked for failure of the permittee to comply with the provisions of this section, with any condition imposed on the permit, with any ordinance of Washoe County, with any regulation of the Washoe County District Board of Health, or with any law of the State of Nevada.

(b)     The permit may not be suspended or revoked by the animal control officer until after a hearing thereon before the administrative hearing officer if requested by the permittee.

(c)     Any hearing requested by the permittee under this section shall be conducted in accordance with section 8.28.334 above.

(d)     No permit may be suspended or revoked on the basis of any complaint which cannot be verified by the animal control officer.

(Code 1966, § 11.24.070; Ord. No. 5523, § 12, 12-3-03)

Sec. 8.28.350. [ Reserved. ]

Editor's note: Ord. No. 5523, § 13, adopted Dec. 3, 2003, repealed § 8.28.350, which pertained to premises inspections. See the Code Comparative Table for a detailed analysis of inclusion.

Sec. 8.28.360. [ Reserved. ]

Editor's note: Ord. No. 5523, § 14, adopted Dec. 3, 2003, repealed § 8.28.360, which pertained to enforcement, penalty. See the Code Comparative Table for a detailed analysis of inclusion.

Sec. 8.28.370. [ Reserved. ]

Editor's note: Ord. No. 5523, § 15, adopted Dec. 3, 2003, repealed § 8.28.370, which pertained to exemptions. See the Code Comparative Table for a detailed analysis of inclusion.

ARTICLE IV. IMPOUNDMENT

Sec. 8.28.380. Impoundment of dogs generally.

Every dog found running at large in violation of any section of this chapter or without a numbered collar or license tag as required by article III of this chapter, shall be impounded by the animal regulation officer (or someone designated by him) at the dog pound and there kept for a period of five days. The animal regulation officer of the city shall capture and impound any dog found within the city which is not wearing a license issued by the city or by any other political subdivision in the county and stamped as provided in article III of this chapter.

(Code 1966, § 11.24.080)

Sec. 8.28.390. Impoundment of unspayed female dogs running at large.

It is unlawful for the owner or any person having the control or possession of any unspayed female dog to suffer or permit the dog to run at large while the dog is in the copulating season and the owner or person in charge of such female dog shall keep the same secured upon his premises or in a boarding kennel so that other dogs shall not have access thereto. Every female dog which is not kept in conformance with this section shall be immediately seized and impounded in the animal control center and held subject to the provisions of this article. The charge for impounding such a dog shall be set by city council.

(Code 1966, § 11.24.080; Ord. No. 3087, § 1, 6-13-83; Ord. No. 3950, § 1, 5-22-90; Ord. No. 5036, § 1, 9-14-99)

Sec. 8.28.400. Redemption of dogs.

If the ownership of an impounded dog is proved within the five-day impoundment period, the owner may remove it upon payment of the impound fee. In addition to the impound fee and boarding fee assessed upon redemption, there shall also be assessed a special assessment fee which will be deposited into the injured animal fund to offset emergency medical services. If such a dog is licensed and the collar bearing the license number has been lost, or the license tag has been lost, the same must be replaced at the expense of the owner. If the dog is unlicensed, its release must be conditioned upon the delivery of a certificate of vaccination to the animal regulation officer and the payment to the animal regulation officer the license fee in accordance with the provisions of Article III of this chapter, whereupon the owner reclaiming the dog may obtain license and numbered tag.

(Code 1966, § 11.24.080; Ord. No. 3088, § 1, 6-13-83; Ord. No. 3950, § 1, 5-22-90; Ord. No. 4246, § 1, 7-14-92; Ord. No. 5036, § 1, 9-14-99)

Sec. 8.28.410. Conditions for release of impounded dogs.

A dog impounded under this article must not be released to any person except where there has been a performance of the following conditions:

(1)     Presenting a current license. The person presents to the animal regulation officer a current license for the dog issued by the city or, if the person is not a resident of the city, he presents a current license for such dog conforming hereto, issued by any other political subdivision in the county.

(2)     Payment of license fee. Where the person is a resident of the city and the dog is unlicensed, the person must pay to the animal regulation officer the license fee for a city dog license and penalty as provided by law.

(3)     Payment of impounding fees. The person must pay to the animal regulation officer the impounding, collection and other fees as provided by law;

(4)     Proof of vaccination. The person establishes to the satisfaction of the animal regulation officer that such dog has been vaccinated with rabies vaccine within the time periods according to the other requirements as prescribed in Articles III and V of this chapter.

(5)     Inspection for health. The animal regulation officer has determined that the dog is in a healthy condition.

(6)     Release of dog. After the dog has been vaccinated, or the fee for vaccination has been paid, and if all the conditions of Articles III and V of this chapter have been satisfied, the animal regulations officer shall release the dog to the person making application for the release of such dog.

(7)     Suspicion of rabies and release. If the animal regulation officer suspects that any dog so impounded has rabies he shall hold the dog for inspection by a veterinarian. If veterinarian determines that the dog is afflicted with rabies, it must be disposed of or confined for such time as the county district health officer directs. Whenever the veterinarian determines that such dog does not have rabies, it shall be released in accordance with the provisions of Article V of this chapter.

(8)     Neutering or spaying deposit. A neutering or spaying deposit in the amount of $25.00 must be paid at the time of adoption of any dog over four months of age unless released to a licensed handler in addition to these requirements.

(Code 1966, § 11.24.080; Ord. No. 3950, § 1, 5-22-90)

Sec. 8.28.420. Disposal of unclaimed dogs.

If the ownership of an impounded dog is not proven within five days with notice to the owner, if known, then such dog may be destroyed in a humane manner under the direction of the animal regulation officer; provided, however, any such unredeemed dog authorized for destruction may be sold or given to any person who shall procure for such dog the necessary collar or collar and tag with license number thereof, and who shall pay the cost of vaccination as required in this article.

(Code 1966, § 11.24.080)

Sec. 8.28.430. Impound fees for cats.

When the owner of an impounded cat calls for it at the animal control center, he shall be required to pay the fee set by city council.

(Code 1966, § 11.24.080; Ord. No. 3089, § 1, 6-13-83; Ord. No. 3950, § 1, 5-22-90; Ord. No. 5036, § 1, 9-14-99)

Sec. 8.28.440. Impounding of stray animals.

Any animal, unless otherwise provided by this chapter, except dogs, running at large or which is not restrained as herein provided, and any wild animal not kept under proper control shall be impounded and kept at a suitable location for a period of five days within which time if the ownership of the animal is proven and the owner calls for it, the owner may remove the animal upon the payment of the impound fee set by city council.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78; Ord. No. 3090, § 1, 6-13-83; Ord. No. 3950, § 1, 5-22-90; Ord. No. 5036, § 1, 9-14-99)

Sec. 8.28.445. Adoption of animals; fees.

(a)     A person may adopt an impounded animal from the animal control center by paying the adoption fee set by city council.

(Ord. No. 3950, § 1, 5-22-90; Ord. No. 4507, § 1, 5-9-95; Ord. No. 5036, § 1, 9-14-99)

Sec. 8.28.446. Surrender of animals; facility acceptance fee.

A person may, by delivering to the animal control center, give up ownership to:

(1)     An adult animal by paying a facility acceptance fee; or

(2)     A litter of offspring, by paying a facility acceptance fee.

(Ord. No. 4507, § 2, 5-9-95; Ord. No. 5036, § 1, 9-14-99)

Sec. 8.28.450. Delivery of trespassing animals by property owners.

Any dog, cat, animal or fowl found doing damage or trespassing on private property in the city may be taken up by the owner of such property or his representative, at his own risk, and delivered forthwith to the animal control center. Any such dog, cat, animal or fowl trespassing shall be held by the animal regulation officer for a period as shall be deemed proper by the animal regulation officer and then shall be released upon demand to the person legally entitled thereto upon payment of all fees provided for in this article for the keep of the dog, cat, animal or fowl and if no demand is made, then such dog, cat, animal or fowl shall be sold or disposed of as provided in this article.

(Code 1966, § 11.24.090)

Sec. 8.28.460. Disposal of stray animals.

If the ownership of a stray animal is not proven within five days with notice to the owner if known, then such unredeemed animal, whether domestic or wild, which by reason of age or disease, or injury or other cause is unfit for further use or dangerous to keep impounded shall be destroyed in a humane manner.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

Sec. 8.28.470. Destruction of dangerous or wild animals.

Nothing in this article shall require the impounding of any dangerous beast or wild animal or the preventing of the destruction thereof in order to protect the public health, safety or general welfare.

(Code 1966, § 11.24.100; Ord. No. 2706, § 1, 10-23-78)

Sec. 8.28.480. Sales of impounded livestock.

All livestock not destroyed under the provisions of this article and not redeemed within five days after the same is impounded and oral notice has been given to the owner thereof, provided that if the owner cannot be determined or found, no notice shall be necessary, shall be advertised for sale by the animal control officer, and a written notice shall be mailed to the registered owner at the last known address of such owner of such livestock so impounded having traceable identification within the five day period. Immediately after due advertisement all such livestock will be put up for adoption to the highest bidder for cash. If no bids are made for the livestock, they shall be bid in by the animal control officer and may thereafter be sold by the animal control officer at private sale or destroyed.

(Code 1966, § 11.24.120; Ord. No. 3982, § 5, 7-24-90)

ARTICLE V. RABIES CONTROL

Sec. 8.28.490. Definitions.

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:

High risk species means such species as the striped skunk, spotted skunk, raccoon, fox, bat, coyote, bobcat, badger, weasel, and such other high risk transmitters of rabies as may from time to time be defined by the health officer.

Livestock means:

(1)     All cattle or animals of the bovine species;

(2)     All horses, mules, burros and asses or animals of the equine species;

(3)     All swine or animals of the porcine species; and

(4)     All goats or animals of the caprine species.

Low risk species means the gopher, mouse, hamster, various squirrels; rat (wild and pet), rabbit (wild and domestic), and all poultry (wild and domestic).

Medium risk species means the dog and cat.

Own means to keep, harbor, or have control, charge, or custody of any animal. This term shall not apply to animals owned by others which are temporarily maintained on the premises of a veterinarian or kennel operator for a period of less than thirty (30) days.

Proper authority means animal control officer, humane officer, fish and game warden or other law enforcement officer having specific responsibilities in animal control.

Rabies control authority means the health officer.

Stray means any animal running at large upon public or private lands in the city, whose owner is unknown in the section or place where such animal is found.

Vaccination against rabies means the inoculation of a dog or cat with rabies vaccine licensed by the United States Department of Agriculture and included in the latest Compendium of Animal Rabies Vaccines of the U.S. Department of Health, Education and Welfare, Department of Public Health Service. Such vaccination must be performed by a veterinarian.

(Code 1966, § 11.24.065; Ord. No. 3982, § 1, 7-24-90)

Cross references: Definitions generally, § 1.01.020.

Sec. 8.28.500. Rabies vaccination required.

(a)     Every dog four months of age and older shall be vaccinated against rabies. Young dogs shall be vaccinated within 30 days after they have reached four months of age. Unvaccinated dogs acquired or moved in the city must be vaccinated within 30 days after purchase or arrival, unless under four months of age, as specified above.

(b)     Every dog shall be revaccinated within the intervals specified in the latest Compendium of Animal Rabies Vaccines referred to under the definition of "vaccination against rabies."

(c)     The cost of rabies vaccine shall be borne by the owner of the dog.

(d)     The provisions of this section with respect to vaccination shall not apply to any dog owned by a person temporarily remaining within the city for less than 30 days, or any dog brought into the city for field trial or show purposes, nor for hunting dogs in the state for less than 30 days. Such dogs shall be kept under strict supervision of the owner. However, it shall be unlawful to bring any dog into the city which does not comply with the animal health laws and import regulations of the state, which are applicable to dogs. Knowledge of animal health laws and import regulation laws is the responsibility of each animal owner. Copies of such laws and regulations and information can be obtained at the health department.

(Code 1966, § 11.24.065)

Sec. 8.28.510. Duties of veterinarian.

(a)     It shall be the duty of each veterinarian, at time of vaccinating any dog, to complete a certificate of rabies vaccination in duplicate which shall include the following information:

(1)     Owner's name and address;

(2)     Description of dog (breed, sex, markings, age, name);

(3)     Date of vaccination;

(4)     Rabies vaccination tag number;

(5)     Type of rabies vaccine administered;

(6)     Manufacturer's serial number of vaccine;

(7)     Date of expiration of the vaccine as set forth under the "duration of immunity" in the Compendium of Animal Rabies Vaccines.

(b)     The original of the certificate shall be given to the owner and the copy shall be retained by the issuing veterinarian. The veterinarian and the owner shall retain their copies for the interval between vaccinations specified in section 8.28.500. A metal or durable plastic tag, serially numbered, issued by the veterinarian who has vaccinated the dog, shall be securely attached to the collar of the dog. Whenever a dog is out-of-doors, whether or not off the owner's premises, the collar with the vaccination tag must be worn.

(Code 1966, § 11.24.065)

Sec. 8.28.520. Quarantine of biting animals.

(a)     When any animal bites a human within the city, the owner of such animal shall immediately place the animal in quarantine, or the animal regulation officer or any peace officer may seize such animal, whether on or off the owner's premises, and place the animal in quarantine for such period of time as may be ordered by the animal regulation officer. The animal to be quarantined shall be placed in confinement with a licensed veterinarian in a veterinary hospital or other place of quarantine approved by the animal regulation officer, and such quarantine shall be at the owner's expense. Home quarantine may be authorized by the animal control officer or persons duly authorized under his supervision, under the following conditions:

(1)     The owner must show a current vaccination certificate against rabies;

(2)     The quarantine holding facilities must be approved for isolating the animal from public contact.

(3)     A quarantine notice will be posted by the animal control officer on the property/residence in a location(s) that is visible to anyone who enters the property/residence. The quarantine notice shall remain posted on said property/residence until the animal is released from quarantine or for a period not to exceed six months. The notice shall be at least eight and one-half by 11 inches and contain the words "Quarantined Animal" on lettering at least one and one-quarter inches in height. The notice shall contain the bite case number, the release date, and the following language: "As required by the provisions of Reno Municipal Code 8.28.520, the dog or other animal on these premises is hereby ordered under quarantine to be held at all times securely on a chain, leash or in a closed cage or paddock or by any other humane form of restraint designated and approved by Animal Control until released by Animal Control."

(4)     The owner, custodian or any person having care, custody or control of any animal subject to quarantine shall immediately report any symptoms of illness or death to the animal control center.

(b)     Any animal quarantined shall remain in quarantine for such period of time as the animal regulation officer shall order, not to exceed six months, and such animal shall not be released until a written release is issued by the animal regulation officer.

(c)     The owner of any animal placed in quarantine shall present to the animal control officer a written statement executed by a veterinarian that the animal has been examined and found to be free of the signs or symptoms of rabies and has received inoculation against rabies.

(d)     It shall be the duty of the animal regulation officer, the county district health officer and the chief of police to see that an accurate record is kept of all dog bites, including the time of report, the person making the report and disposition of the case. Each such case shall be investigated and the animal properly quarantined or impounded all in accordance with the provisions of this section.

(e)     Any and all animals in use by the police department shall be exempt from the foregoing subsections and allowed to remain in service when adhering to the following:

(1)     The animal shall have been regarded as having been on duty and engaged in an official law enforcement capacity.

(2)     The animal in question shall have all required current vaccinations and be subject to an immediate examination by a licensed veterinarian as well as a follow-up examination at the end of the ten day period.

(3)     The police department shall assume the responsibility of observing the animal's over-all physical condition within the ten day period and documenting same. This report will be forwarded to the animal regulation officer accompanied by a written report by a licensed veterinarian having examined the animal in question.

(f)     Animals which have been trained and are actually being used to act as a guide for the blind need not be confined or impounded with a licensed veterinarian if the owner of such animal presents to the animal control officer a written statement executed by a licensed veterinarian that the animal is free from diseases communicable to humans and that the animal has received inoculations required by city ordinances. Further, the owner shall assume the responsibility of checking the animal's over-all physical condition within the ten day period of the bite and immediately report to the animal regulation officer any change in the animal's temperament.

(Code 1966, § 11.24.065; Ord. No. 4093, § 1, 4-23-91)

Sec. 8.28.530. Destruction of suspected rabid animals and animals inflicting bites.

(a)     Destruction of high risk species. All animals considered to be a high risk species may be destroyed immediately upon capture or in the process of capture by representatives of the county district health officer, the animal control center, any state fish and game warden, or any peace officer, where there is reason to believe such animal has bitten a human being or has rabies.

(b)     Destruction of any other animal. Any other animal which has no marking, license or other identification showing ownership, and upon reasonable and speedy inquiry, if time permits, no owner may be found, may be destroyed immediately upon capture or in the process of capture by representatives of the county district health officer, the animal control center, and state fish and game warden, or any peace officer, where there is reason to believe such animal has bitten a human being or has rabies.

(c)     Destruction of dogs, cats, horses, cattle or other livestock, or wildlife clearly owned by a private party:

(1)     All captured dogs, cats, horses, other livestock, or animals clearly owned by a private party, may be destroyed immediately by order of the animal control officer or his representative where there is reason to believe such animal has rabies and has in fact bitten a human being.

(2)     All dogs, cats, horses, cattle or other livestock, or animals clearly owned by a private party, running at large upon public or private roads may be destroyed in the process of capture, when the circumstances reasonably require such destruction to effect capture, by any representatives of the county district health officer, the animal control center, any state fish and game warden, or any peace officer, where there is reason to believe such animal has rabies or has in fact bitten a human being.

(3)     It shall be the duty of the county health officer and his staff to circulate at least yearly to the director of any enforcement agency designated herein information describing the medically accepted signs of rabies in an animal and to provide current information on rabies control and other pertinent information. The director of any such designated enforcement agency shall take reasonable steps to inform his agents of such signs of rabies.

(d)     Disposal of animal captured and disposal of carcasses of destroyed animals. In subsections (a), (b) and (c) where an animal has been destroyed, the county district health officer or his representatives shall go where the animal is and shall see to it that in accordance with written health department policy directives, the head is removed intact to be delivered to the animal disease laboratory of the state department of agriculture for appropriate laboratory examination. The remaining carcass shall be destroyed or buried as prescribed by regulations governing the disposal of pathological wastes. Copies of such regulations and policy directives may be obtained at the county district health office.

(e)     Live capture and destruction at quarantine facility. If the animal in subsections (a), (b) and (c) has not been destroyed upon capture, the animal shall be delivered to such quarantine facility as is designated by the county district health officer, and there shall be destroyed and the head sent intact for appropriate laboratory examination to the animal diseases laboratory of the state department of agriculture. The carcass shall be disposed of as prescribed by regulations governing the disposal of pathological wastes. In the destruction of any animal, humane measures shall be employed and in such a manner as to maintain the head and brain intact.

(Code 1966, § 11.24.065)

Sec. 8.28.540. Handling of animals exposed to rabid animals.

Any animal of a species subject to rabies which has been bitten by a known rabid or suspected rabid animal or has been in intimate contact with a rabid or suspected rabid animal shall be quarantined in a place and manner approved by the animal regulation officer for a period of six months or destroyed, with the exception that the following alternative is permitted in the case of dogs and cats. If the dog or eat has been vaccinated against rabies within two years but not less than 30 days with a canine live-virus rabies vaccine or within one year but not less than 30 days with a canine killed-virus rabies vaccine of a type approved in the latest compendium of animal rabies vaccines, the dog or cat may be revaccinated in a manner prescribed by animal control and quarantined in a place and manner approved by the animal regulation officer for a period of 90 days.

(Code 1966, § 11.24.065)

Sec. 8.28.550. High risk species.

(a)     Due to the presence of rabies in skunks, raccoons, foxes, coyotes, bats, bobcat, badger, weasel, and such other high risk transmitters of rabies as defined by the county district health officer, no such animal may be intentionally kept, harbored or in any way cared for, maintained or fed on private property in the city as pets. Any such animal must be turned over to proper authority within 48 hours of its initial entry onto the property.

(b)     Any owner of any such animal who has kept or harbored such animal as a pet prior to July 12, 1976, must obtain a certificate to this effect from the county district health department within 90 days of such date and thereupon shall be exempt from subsection (a) of this section. No such certificate from the county district health department shall be issued unless the owner produces a veterinarian's certification of good health.

(c)     Any high risk species which is kept pursuant to subsection (b) must be confined in a humane and proper cage.

(Code 1966, § 11.24.065)

Sec. 8.28.560. Enforcement.

To enforce the provisions of this article, authority for the control of rabies shall be delegated to the animal regulation officer.

(Code 1966, § 11.24.065)

Sec. 8.28.570. Exemptions.

The provisions of this article shall not apply to dogs under the age of four months if kept within a sufficient enclosure, nor to dogs held by or in the custody or in the control of persons who are nonresidents of the city and temporarily sojourning therein for a period not to exceed 30 days, nor to dogs brought to the city assumably for the purpose of entering the same in any dog show or exhibition and which are actually entered in and kept at such show or exhibition, provided that it is unlawful for any such unlicensed dog to be permitted to run at large in the city.

(Code 1966, § 11.24.080)

ARTICLE VI. DANGEROUS DOGS

Sec. 8.28.600. Definitions.

The following words and phrases when used in this article shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

Attack. The deliberate action of a dog, whether or not in response to a command by a person, to bite, to seize with its teeth or to pursue any human, animal or inanimate object, with the intent to destroy, kill, wound, injure or otherwise harm the object of its action.

Dangerous. A dog determined to be a dangerous dog under section 8.28.610.

Domestic animal. A domestic animal includes, but is not limited to, the following: any dog, cat, equine animal, bovine animal, sheep, goat or porcine animal.

Proper enclosure of a dangerous dog. The secure confinement of a dangerous dog either indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of children and designed to prevent the animal from escaping, Such pen or structure shall have secure sides and a secure top and shall also provide protection from the elements for the dog. If the pen or structure has no bottom secured to the sides, the sides must be embedded at least two feet into the ground.

Substantial bodily harm. This term has the meaning set forth in NRS 0.060.

(Ord. No. 4245, § 1, 6-23-92)

Sec. 8.28.610. Registration.

(a)     Determination. Any person who has been attacked by a dog, or anyone on behalf of such person, a person whose domestic animal has been killed or injured without provocation, or any police officer or animal control officer may make a complaint before a municipal judge, charging the owner or a person having the care, custody or control of such a dog with harboring a dangerous dog. The determination of a dog as a dangerous dog shall be made by the municipal judge upon evidence of the dog's history or propensity to attack without provocation based upon an incident in which the dog has done one or more of the following:

(1)     Caused substantial bodily harm to a human being without provocation on public or private property;

(2)     Killed or caused substantial bodily harm to a domestic animal without provocation while off the owner's property;

(3)     Attacked a human being without provocation;

(4)     Been used in the commission of a crime; or

(5)     Owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

(b)     Report of determination. The municipal judge shall make a report of a determination under subsection (a) to the chief of police.

(c)     Certificate required. It is unlawful for an owner to have a dangerous dog without a certificate of registration issued under this article. Failure to have a required certificate of registration is a misdemeanor.

(d)     [Exceptions.] This chapter shall not apply to dogs used by law enforcement officials for police work, certified guide dogs for the blind, hearing dogs for the deaf nor aid dogs for the handicapped.

(Ord. No. 4245, § 1, 6-23-92)

Sec. 8.28.620. Requirements.

(a)     Enclosure and insurance. The Director of Reno Animal Control shall issue, upon payment of all fees required under subsection (b), a certificate of registration to the owner of such animal within 30 days of notification, in writing, by the Reno Animal Control Department that the dog has been determined to be dangerous and that the owner has presented sufficient evidence of:

(1)     A proper enclosure to confine a dangerous dog and the posting on the premises with a clearly visible warning sign (containing letters at least two inches in height) that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog.

A proper enclosure includes, but is not limited to, the following:

An enclosure constructed of not less than 11 gauge chain link fencing or other material of equal strength as approved by animal control. The floor(s) need not be concrete provided that a perimeter footing of at least 24 inches in depth of concrete is utilized. The enclosure fencing shall be securely fixed to the pad or footing. A roof over the entire enclosure shall be constructed of not less than 11 gauge chain link fencing and securely fixed to all sides of the enclosure. All fencing and gate(s) shall be at least six feet in height. All animals shall at all times have access to an area sheltered from adverse climatic conditions. All sheltered areas must be located inside the enclosure. All entrances to the enclosure must be secured by a padlock at all times.

a.     Small breeds (20 pounds or less)

1.     Four feet in width by six feet in length for one dog.

2.     Add an additional two feet in width for each additional dog.

b.     Medium breeds (under 40 pounds and over 20 pounds)

1.     Six feet in width by 12 feet in length for one dog.

2.     Add an additional four feet in width for each additional dog.

c.     Large breeds (40 pounds or more)

1.     Twelve feet in width by 18 feet in length for one dog.

2.     Add an additional six feet in width for each additional dog.

Enclosures of other dimensions may be approved by the animal control officer on a case-by-case basis; and

(2)     A surety bond in the amount of $50,000.00 issued by an insurer authorized to do business in the State of Nevada, payable to any person(s) injured by the dangerous dog; or

(3)     A policy of liability insurance, such as homeowner's insurance, issued by an insurer authorized to do business in the State of Nevada in the amount of at least $50,000.00, insuring the owner for any personal injuries inflicted by the dangerous dog. The policy shall contain a provision requiring the Director of the Reno Animal Control Facility to be named, in his or her official capacity, as an additional insured for the sole purpose of being notified by the insurance company providing coverage of cancellation, termination or expiration of the liability insurance policy.

(b)     Fee. The registration fee for a dangerous dog certificate shall be set by city council . This registration fee shall be in addition to any other fees collectable under this article.

(c)     Other requirements. The owner shall sign a statement attesting that:

(1)     The owner shall maintain and not voluntarily cancel the liability insurance or surety bond required herein during the period for which licensing is sought unless the owner ceases to own the dangerous dog prior to the expiration of the license.

(2)     The owner shall immediately notify the Director at Reno Animal Control or the Reno Police Department once the owner has knowledge that the dangerous dog is at large, is unconfined, has attacked another animal, has attacked a human being, has died or has been sold or given away. If the dangerous dog has been sold or given away, the owner shall provide the Director of Reno Animal Control with the name, address and telephone number of the new owner of the dangerous dog.

(Ord. No. 4245, § 1, 6-23-92; Ord. No. 5036, § 1, 9-14-99)

Sec. 8.28.630. Control of dangerous dogs.

It is unlawful for an owner or the person having the care, custody or control of a dangerous dog to permit the dog to be outside the required enclosure unless the dog is muzzled and restrained by a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length. The dangerous dog shall be under the direct control and supervision of the owner or the person having the care, custody or control of the dangerous dog.

The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or registration, but shall prevent it from biting any person or animal or from destroying property with its teeth.

(Ord. No. 4245, § 1, 6-23-92)

Sec. 8.28.640. Public safety and penalties.

(a)     Failure to register and restrain. A dangerous dog shall be immediately confiscated and impounded by any animal control officer or police officer or sheriff upon the occurrence of any of the following:

(1)     The dog is not validly registered under this article;

(2)     The owner does not secure and maintain the liability insurance coverage or post the required bond under section 8.28.620;

(3)     The dog is not maintained or confined in the proper enclosure;

(4)     The dog is outside of the dwelling of the owner or of the person having the care, custody or control of the dog, or outside the proper enclosure and not under the required physical restraint of the owner or of the person having the care, custody or control of the dog.

A violation of this section is a misdemeanor.

(b)     Attacks upon persons or animals. If a dangerous dog, through the intentional, reckless or negligent conduct of the dog's owner or of the person having the care, custody or control of the dog, attacks a person or attacks another domestic animal, said person shall be guilty of a misdemeanor. In addition, the dangerous dog shall be immediately confiscated and impounded, placed in quarantine for the proper length of time and, thereafter, be destroyed in an expeditious and humane manner, with the costs of quarantine and destruction to be borne by the dog's owner.

(c)     Mandatory reporting. All known incidents of dog attacks in the City of Reno shall be reported to the Director of Reno Animal Control, who shall investigate each incident and take the appropriate steps if a dog has been determined to be dangerous.

(Ord. No. 4245, § 1, 6-23-92)

Sec. 8.28.700. Fees, charges, and penalties.

All fees, charges, and penalties in this chapter will be set by city council annually by a resolution adopted during the budget process.

(Ord. No. 5036, § 1, 9-14-99)