Animal Control / Microchipping Proposal — Title 7 (2023)
Las Vegas, Nevada
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Proposed Provisions Generally Requiring the Microchipping of Dogs
and Cats
Discussion and possible action to amend LVMC Title 7 to add provisions generally requiring the microchipping of dogs and cats within the City.
Contents:
- Summary of the proposed changes
- Draft of the proposed ordinance
Please note:
[abc]
bracketed text reflects a deletion
abc
underlined text reflects an addition
Where language indicates that a new Code section is to be added, all provisions in that section are new, although in some cases it is just a
replacement for language repealed in a previous section of the ordinance amendment.
Summary: Amends LVMC Title 7 to add provisions generally requiring the microchipping of dogs and cats within the City.
LVMC
Title/Subject
Existing Language
Proposed Language
7.15.010
Adds chapter and section
7.15.010
(A) Except as otherwise provided in this
Section, it is unlawful for any person to
own or harbor a dog or cat over the age of
four months unless the animal has been
implanted with microchip identification in
accordance with this Section and this Title.
For purposes of this Section, a dog or cat
to be offered for sale by a pet shop or
breeder is deemed to be owned or
harbored by that pet shop or breeder. The
age-based requirements of this Subsection
(A) do not affect the applicability of the
microchipping requirements of LVMC
7.42.050.
(B) The owner of a dog or cat that has
been implanted with microchip
identification shall register the microchip
number and the owner's contact
information with a microchip registration
company, as well as with the Animal
Regulation Officer.
(C) When the contact information of the
owner of a microchipped dog or cat
changes, the owner shall provide the new
contact information to the applicable
microchip registration company and to the
Animal Regulation Officer no later than
thirty days after the change in contact
information occurs.
(D) When there is a transfer of ownership
of a dog or cat that has been implanted
with microchip identification:
(1) The transferring owner must inform
the new owner of the microchip
registration company with which the dog's
or cat's microchip is registered; and
(2) The new owner must provide the
microchip registration company and the
Animal Regulation Officer with the new
owner's contact information no later than
thirty days after the transfer of ownership
occurs.
(E) The microchipping requirements of this
Section do not apply to:
(1) An animal whose owner has resided
within the City fewer than thirty days; or
(2) An animal brought into the City
temporarily and exclusively for the
purpose of entering the animal in a show
or exhibition, where the animal is not
allowed to run at large.
(F) A misdemeanor complaint or citation
for a violation of Subsection (A) of this
Section shall be dismissed upon proof that
the animal regarding which the violation
occurred was implanted with microchip
identification within thirty days after the
complaint or citation was served.
(G) This Section shall become effective
August 1, 2024.
7.15.020
Adds chapter and section
7.15.020
The City is authorized to establish one or
more programs to encourage and facilitate
the microchipping of animals, including
compliance with the microchipping
requirements of this Chapter and Title.
7.04.315
Add new section
7.04.315 by defining a
microchip and
microchipping
requirements
"Microchipping" and other forms of the word
shall be deemed to refer to the
subcutaneous implantation of an electronic
identification microchip into an animal
where:
(A) The manufacturer of the microchip has
been approved by the Animal Regulation
Officer;
(B) The implantation conforms to procedures
recommended by the manufacturer;
(C) The microchip is associated with a
registration that includes the animal's date of
birth, the breeder's name and address, and
the breeder's USDA license number; and
(D) The microchipping and registration
information are provided to the Animal
Regulation Officer
7.08.020
Adds section 7.08.020 to
require a microchip to
license a dog or cat
Every person applying for a dog or cat license
must provide evidence that the animal has
been implanted with a microchip in
accordance with this Title.
7.04.437
Adds new section
7.04.437, defines USDA
"USDA" means the United States Department
of Agriculture.
7.20.105
Deletes Microchip
Definition currently
found in 7.20.105.
Repealed in its entirety.
7.20.105 - Microchipping--Defined.
For purposes of Sections 7.20.090 and 7.20.100,
microchipping of an animal refers to the
implantation of an electronic identification
microchip under the skin of the animal where the
manufacturer of the microchip has been approved
by the Animal Regulation Officer and the
implantation conforms to procedures
recommended by the manufacturer.
7.42.010
Amends 7.42.010
For purposes of this Chapter:
"Animal care facility" means the Animal
Protection Services Center or any other
facility:
(A) That is operated by, or under contract
with and on behalf of, any unit of state or local
government; and
(B) Whose mission and practice consists, in whole
or significant part, of the rescue and placement of
animals in permanent homes.
"Animal Welfare Act and regulations" means the
animal welfare provisions of 7 U.S.C.
Section 2131 et seq. and the corresponding
federal animal welfare regulations located in
9 C.F.R. Chapter I, Subchapter A.
"Broker" means any person in the business of
selling dogs or cats to pet shops, whether or not
the broker is also the breeder of the dogs or cats
sold to pet shops.
"Distributor" means a person who acts as the
agent or contractor of a pet shop to obtain and
transport dogs, cats or a combination thereof to a
pet shop for purposes of sale.
"Microchipping" and other forms of the
word shall be deemed to include both the
subcutaneous insertion of a registered
microchip into a dog or cat and a registration that
includes the animal's date of birth, the
breeder's name and address, and the
breeder's USDA license number.
For purposes of this Chapter:
"Animal care facility" means the Animal
Protection Services Center or any other
facility:
(A) That is operated by, or under contract
with and on behalf of, any unit of state or
local government; and
(B) Whose mission and practice consists, in
whole or significant part, of the rescue and
placement of animals in permanent homes.
"Animal Welfare Act and regulations" means
the animal welfare provisions of 7 U.S.C.
Section 2131 et seq. and the corresponding
federal animal welfare regulations located in
9 C.F.R. Chapter I, Subchapter A.
"Broker" means any person in the business of
selling dogs or cats to pet shops, whether or
not the broker is also the breeder of the dogs
or cats sold to pet shops.
"Distributor" means a person who acts as the
agent or contractor of a pet shop to obtain
and transport dogs, cats or a combination
thereof to a pet shop for purposes of sale.
["Microchipping" and other forms of the
word shall be deemed to include both the
subcutaneous insertion of a registered
microchip into a dog or cat and a registration
that includes the animal's date of birth, the
breeder's name and address, and the
breeder's USDA license number.]
"Nonprofit animal rescue organization" means any
nonprofit organization which has
tax-exempt status under Section 501(c)(3) of
the Internal Revenue Code and whose
mission and practice consists, in whole or
significant part, of the rescue and placement of
animals in permanent homes.
"USDA" means the United States
Department of Agriculture.
"USDA license number" means the license number
issued to a breeder or broker by the
USDA pursuant to the Animal Welfare Act
and regulations.
"Nonprofit animal rescue organization"
means any nonprofit organization which has
tax-exempt status under Section 501(c)(3) of
the Internal Revenue Code and whose
mission and practice consists, in whole or
significant part, of the rescue and placement
of animals in permanent homes.
["USDA" means the United States
Department of Agriculture.]
"USDA license number" means the license
number issued to a breeder or broker by the
USDA pursuant to the Animal Welfare Act
and regulations.
7.42.050
Amends 7.42.050 (D) to
include breeders
(D) No breeder or pet shop shall sell or offer
for sale any dog or cat unless it has been
microchipped.
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BILL NO. 2023-
ORDINANCE NO. ______
AN ORDINANCE TO AMEND LMVC TITLE 7 TO ADD PROVISIONS GENERALLY REQUIRING
THE MICROCHIPPING OF DOGS AND CATS WITHIN THE CITY, AND TO PROVIDE FOR OTHER
RELATED MATTERS.
Sponsored by: Councilman Cedric Crear
Summary: Amends LVMC Title 7 to add
provisions generally requiring the microchipping
of dogs and cats within the City.
THE CITY COUNCIL OF THE CITY OF LAS VEGAS DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1:
Title 7 of the Municipal Code of the City of Las Vegas, Nevada, 1983
Edition, is hereby amended by adding thereto a new chapter, designated as Chapter 7.15 and consisting of
Sections 7.15.010 and 7.15.020, reading as follows:
7.15.010:
(A)
Except as otherwise provided in this Section, it is unlawful for any person to own or
harbor a dog or cat over the age of four months unless the animal has been implanted with microchip
identification in accordance with this Section and this Title. For purposes of this Section, a dog or cat to be
offered for sale by a pet shop or breeder is deemed to be owned or harbored by that pet shop or breeder. The
age-based requirements of this Subsection (A) do not affect the applicability of the microchipping
requirements of LVMC 7.42.050.
(B)
The owner of a dog or cat that has been implanted with microchip identification shall
register the microchip number and the owner's contact information with a microchip registration company,
as well as with the Animal Regulation Officer.
(C)
When the contact information of the owner of a microchipped dog or cat changes,
the owner shall provide the new contact information to the applicable microchip registration company and to
the Animal Regulation Officer no later than thirty days after the change in contact information occurs.
(D)
When there is a transfer of ownership of a dog or cat that has been implanted with
microchip identification:
(1)
The transferring owner must inform the new owner of the microchip
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registration company with which the dog's or cat's microchip is registered; and
(2)
The new owner must provide the microchip registration company and the
Animal Regulation Officer with the new owner's contact information no later than thirty days after the
transfer of ownership occurs.
(E)
The microchipping requirements of this Section do not apply to:
(1)
An animal whose owner has resided within the City fewer than thirty days;
or
(2)
An animal brought into the City temporarily and exclusively for the purpose
of entering the animal in a show or exhibition, where the animal is not allowed to run at large.
(F)
A misdemeanor complaint or citation for a violation of Subsection (A) of this
Section shall be dismissed upon proof that the animal regarding which the violation occurred was implanted
with microchip identification within thirty days after the complaint or citation was served.
(G)
This Section shall become effective August 1, 2024.
7.15.020:
The City is authorized to establish one or more programs to encourage and facilitate the
microchipping of animals, including compliance with the microchipping requirements of this Chapter and
Title.
SECTION 2:
Title 7, Chapter 4, of the Municipal Code of the City of Las Vegas, Nevada,
1983 Edition, is hereby amended by adding thereto a new section, designated as Section 315, reading as
follows:
7.04.315:
"Microchipping" and other forms of the word shall be deemed to refer to the subcutaneous
implantation of an electronic identification microchip into an animal where:
(A)
The manufacturer of the microchip has been approved by the Animal Regulation Officer;
(B)
The implantation conforms to procedures recommended by the manufacturer;
(C)
The microchip is associated with a registration that includes the animal's date of birth, the
breeder's name and address, and the breeder's USDA license number; and
(D)
The microchipping and registration information are provided to the Animal Regulation
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Officer.
SECTION 3:
Title 7, Chapter 8, of the Municipal Code of the City of Las Vegas, Nevada,
1983 Edition, is hereby amended by adding thereto a new section, designated as Section 20, reading as
follows:
7.08.020:
Every person applying for a dog or cat license must provide evidence that the animal has
been implanted with a microchip in accordance with this Title.
SECTION 4:
Title 7, Chapter 4, of the Municipal Code of the City of Las Vegas, Nevada,
1983 Edition, is hereby amended by adding thereto a new section, designated as Section 437, reading as
follows:
7.04.437:
"USDA" means the United States Department of Agriculture.
SECTION 5:
Title 7, Chapter 20, Section 105, of the Municipal Code of the City of Las
Vegas, Nevada, 1983 Edition, is hereby repealed in its entirety.
SECTION 6:
Title 7, Chapter 42, Section 10, of the Municipal Code of the City of Las
Vegas, Nevada, 1983 Edition, is hereby amended to read as follows:
7.42.010:
For purposes of this Chapter:
"Animal care facility" means the Animal Protection Services Center or any other facility:
(A)
That is operated by, or under contract with and on behalf of, any unit of state or local
government; and
(B)
Whose mission and practice consists, in whole or significant part, of the rescue and
placement of animals in permanent homes.
"Animal Welfare Act and regulations" means the animal welfare provisions of 7 U.S.C. Section 2131
et seq. and the corresponding federal animal welfare regulations located in 9 C.F.R. Chapter I, Subchapter
A.
"Broker" means any person in the business of selling dogs or cats to pet shops, whether or not the
broker is also the breeder of the dogs or cats sold to pet shops.
"Distributor" means a person who acts as the agent or contractor of a pet shop to obtain and transport
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dogs, cats or a combination thereof to a pet shop for purposes of sale.
["Microchipping" and other forms of the word shall be deemed to include both the subcutaneous
insertion of a registered microchip into a dog or cat and a registration that includes the animal's date of birth,
the breeder's name and address, and the breeder's USDA license number.]
"Nonprofit animal rescue organization" means any nonprofit organization which has tax-exempt
status under Section 501(c)(3) of the Internal Revenue Code and whose mission and practice consists, in
whole or significant part, of the rescue and placement of animals in permanent homes.
["USDA" means the United States Department of Agriculture.]
"USDA license number" means the license number issued to a breeder or broker by the USDA
pursuant to the Animal Welfare Act and regulations.
SECTION 7:
Title 7, Chapter 42, Section 50, of the Municipal Code of the City of Las
Vegas, Nevada, 1983 Edition, is hereby amended to read as follows;
7.42.050:
(A)
Each breeder, pet shop and distributor shall comply with applicable provisions of
NRS Chapter 574 and the Animal Welfare Act and regulations.
(B)
Each breeder and distributor shall ensure that all dogs and cats that are to be offered
for sale at a pet shop have been microchipped before being transported to the pet shop.
(C)
No pet shop shall accept delivery of any dog or cat that it proposes to sell unless the
pet shop ensures that the animal has been microchipped.
(D)
No breeder or pet shop shall sell or offer for sale any dog or cat unless it has
been microchipped.
SECTION 8:
If any section, subsection, subdivision, paragraph, sentence, clause or phrase
in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by
any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this ordinance or any part thereof. The City Council of the City of Las Vegas hereby
declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
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sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
SECTION 9:
Whenever in this ordinance any act is prohibited or is made or declared to
be unlawful or an offense or a misdemeanor, or whenever in this ordinance the doing of any act is required
or the failure to do any act is made or declared to be unlawful or an offense or a misdemeanor, the doing of
such prohibited act or the failure to do any such required act shall constitute a misdemeanor and upon
conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment for a term of
not more than six months, or by any combination of such fine and imprisonment. Any day of any violation
of this ordinance shall constitute a separate offense.
SECTION 10: All ordinances or parts of ordinances or sections, subsections, phrases,
sentences, clauses or paragraphs contained in the Municipal Code of the City of Las Vegas, Nevada, 1983
Edition, in conflict herewith are hereby repealed.
PASSED, ADOPTED and APPROVED this _____ day of _______________, 2023.
APPROVED:
By
CAROLYN G. GOODMAN, Mayor
ATTEST:
LUANN D. HOLMES, MMC
City Clerk
APPROVED AS TO FORM:
Val Steed,
Date
Deputy City Attorney
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23-1001.014 Mandatory Microchip Ord Alt Version
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The above and foregoing ordinance was first proposed and read by title to the City Council on the _____ day
of ____________________, 2023, and referred to a committee for recommendation, the committee being
composed of the following members
;
thereafter the said committee reported favorably on said ordinance on the ______ day of
_______________________, 2023, which was a _________________ meeting of said Council; that at said
_______________________ meeting, the proposed ordinance was read by title to the City Council as first
introduced and adopted by the following vote:
VOTING "AYE":
VOTING "NAY":
ABSENT:
APPROVED:
By
CAROLYN G. GOODMAN, Mayor
ATTEST:
LUANN D. HOLMES, MMC
City Clerk