Animal Control / Washoe County Code Chapter 55

Reno, Nevada

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Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-1 CHAPTER 55 ANIMALS AND FOWL 55.010 Definitions. 55.020 Animal services center established; functions. 55.030 Animal control board; composition; qualifications; powers and duties. 55.040 Animal control officer; powers and duties. 55.050 Powers of peace officer. 55.060 Interference with animal control officer or peace officer. 55.070 Report of violations. 55.080 Warning of certain violations of chapter. 55.090 Collection and disbursement; fees. 55.100 Restraining animals. 55.110 Keeping of animals in sanitary conditions. 55.120 Nuisance. 55.125 Keeping of noisy animals. 55.130 Animal waste disposal. 55.140 Cruelty to animals; generally. 55.150 Cruelty to or interference with police service animals. 55.160 Riding horses while intoxicated; prohibited. 55.170 Animal fighting; pigeon shoots. 55.175 Permitting dog to chase, worry, injure or kill domestic animals on open range or private property unlawful. 55.180 Abandoning injured animals. 55.190 Endangering animals. 55.200 Tethering animals. 55.210 Giving away of live animals as part of promotion. 55.220 Police dogs and horses exempt from chapter. 55.230 Determination of congested areas. 55.240 Incorporated City of Sparks: Congested areas. 55.245 Incorporated City of Reno: Congested areas. 55.250 Greater Truckee Meadows and surrounding environs: Congested area. 55.251 Area 1 - Woodland Village: Congested area. 55.252 Area 2 - Pebble Creek: Congested area. 55.253 Area 3 - Eagles Nest: Congested area. 55.254 Area 4 - Spring Ridge: Congested area. 55.255 Area 5 - Arrow Creek/Southwest Vistas: Congested area. 55.256 Area 6 - Timberline: Congested area. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-2 55.257 Area 7 - Pleasant Valley: Congested area. 55.258 Area 8 - Sunridge/Reindeer: Congested area. 55.259 Area 9 - Saint James Village: Congested area. 55.260 Old Washoe City: Congested area. 55.270 New Washoe City: Congested area. 55.280 Incline Village: Congested area. 55.290 Franktown: Congested area. 55.300 Gerlach: Congested area. 55.310 Empire: Congested area. 55.320 Spanish Springs: Congested area. 55.330 Wadsworth and Stampmill Estates Subdivision: Congested area. 55.340 Licensing of dogs in congested areas required; annual license; fees; license tags; unlawful to fail to license. 55.350 Rabies vaccination required. 55.360 Dogs to wear license tags and collars; lost tags; exceptions. 55.370 Unauthorized removal of license tag; use of non- current license tag. 55.380 Licensing exemptions. 55.390 Permit to keep more than three dogs over 4 months of age or 7 cats over four months of age. 55.400 Permit to keep more than three adult dogs or seven adult cats: Applications; inspections; fees. 55.410 Kennel requirements for keeping more than three adult dogs. 55.415 Permit: Cattery requirements; specifications. 55.420 Approval, disapproval of application to keep more than three adult dogs or seven adult cats; issuance of permit; appeals. 55.430 Kennel or cattery permit not required; circumstances. 55.440 Permit fees; exemptions. 55.450 Suspension; revocation of permit; appeal to animal control board; hearing. 55.460 Unlawful for animal, except cats, to be at large in congested areas; damage by animals; capture and impoundment by individuals. 55.465 Impoundment of unspayed female dogs or cats running at large. 55.470 Authority of animal control officer. 55.480 Impounded animals. 55.485 Promulgation of rules regarding impounded animals. 55.490 Period of impoundment; notice of impoundment; disposition of unclaimed animals. 55.500 Redeeming impounded animals. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-3 55.510 Adoption of unclaimed animals; deposit for sterilization of animal; exception. 55.530 Estrays: Applicability of state law. 55.540 Unlawful for livestock to be at large in congested area. 55.550 Impoundment of livestock; notice of impoundment of livestock. 55.560 Redemption of impounded livestock. 55.570 Control of rabies; enforcement by district health officer. 55.580 Rabies vaccination of dogs, cats, and ferrets required. 55.590 Veterinarians: Issuance of certificates of vaccination and rabies vaccination tags; cooperation with investigation by rabies control authority. 55.600 Vaccination cost. 55.610 Quarantine of biting animals; management of animals that have bitten persons; responsibility of owner for cost of quarantine, veterinary care and examination. 55.620 Disposal of captured animals, carcasses of destroyed animals. 55.630 Quarantine fees. 55.640 Management of animals that have been in close contact with animal suspected or known to have rabies; responsibility of owner for costs of quarantine, veterinary care and examination. 55.645 Prohibited activities involving high risk wild animals; relinquishment; exemptions. 55.650 Exotic animals; application for permit to keep. 55.660 Approval, disapproval of application to keep exotic animal; issuance of permit; appeals. 55.670 Suspension; revocation of exotic animal permit; appeal to animal control board; hearing. 55.680 Enclosures for primates; minimum structural requirements. 55.690 Enclosures for felines; minimum structural requirements. 55.700 Enclosures for canines; minimum structural requirements. 55.710 Enclosures for reptiles; minimum structural requirements. 55.720 Enclosures for bears, hoofed animals, marsupials and raptors; minimum structural requirements. 55.730 Additional standards. 55.740 Impoundment of exotic animals. 55.750 Dangerous dog; determination. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-4 55.760 Dangerous dog; registration. 55.770 Dangerous dog; unlawful acts. 55.780 Impoundment of dangerous dog. 55.790 Harboring vicious dog prohibited. 55.800 Penalties. ______________ ANIMALS AND FOWL 55.010 Definitions. As used in sections 55.010 to 55.790, inclusive, unless the context otherwise requires, the terms as defined herein shall have the meaning ascribed to them. "Animal" means every living creature, except members of the human race. "Animal bite" means breaking of the skin by the teeth of an animal. "Animal control board" means the board created pursuant to section 55.030. "Animal services center" means the facility designated by the board of county commissioners for receiving, impounding, care and disposal of animals. "Animal control officer" means those employees of the county who have been designated by the county: to enforce the provisions of chapter 55 and state law; to possess and administer a controlled substance in accordance with applicable regulations of the state board of pharmacy as specified in NRS 453.375(10); and to perform functions in connection with the operation of the animal services center. "At large" means every instance in which a domestic animal is found to be beyond the custody and control of its owner or other person responsible therefor. Within the congested areas designated in sections 55.240 and 55.245, a dog is deemed to be "at large" when it is found off the premises of its owner or other person responsible therefor and not under control by physical restraint such as a leash, cord or chain. In all other areas, a dog is deemed to be "at large" when it is found off the premises of its owner or other person responsible therefor and not accompanied and under immediate control by physical restraint or by signal or voice. "Attack" means 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 or animal with the intent to kill, wound, injure or otherwise harm the object of its actions. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-5 "Board" means the board of county commissioners of Washoe County, unless the context otherwise requires. "Canine" includes any member of the dog family not customarily domesticated by man. "Cat" means any domestic feline animal, male or female, sexed or neutered. "Cattery" means a building, residence, room or area used to house cats where more than 7 cats over the age of 4 months of age are kept and maintained. "Confined" means the animal is restricted to the property of the owner by leash, cord, chain, wall or fence barrier. "Congested area" includes any area of the county so designated by the board of county commissioners and described in sections 55.240 to 55.330, inclusive. "County" means all of Washoe County including the areas comprising the incorporated City of Sparks and incorporated City of Reno. "Cruelty" includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted. Cruelty has the same meaning as "torture". "Dangerous dog" means a dog determined to be dangerous under section 55.750. "District health officer" means the Washoe County district health officer and his authorized representatives. "Dog" means any domestic canine animal, male or female, sexed or neutered. "Domestic animal" includes, but is not limited to, the following: any dog, cat, equine animal, bovine animal, sheep, goat or porcine animal. "Exotic animal" includes any bear, canine, feline, hoofed animal, marsupial, primate, raptor and reptile. "Feline" includes any member of the cat family not customarily domesticated by man. "Game warden" has the meaning ascribed to it in NRS 501.047. "Guide dog" has the meaning ascribed to it in NRS 426.075. "Health authority" has the meaning ascribed to it in NRS 441A.050. "Hearing dog" has the meaning ascribed to it in NRS 426.081. "Helping dog" has the meaning ascribed to it in NRS 426.083. "High-risk species" refers to 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 district health officer. "Hoofed animal" includes any ungulate animal not customarily domesticated by man. "Immediate supervision" means there is an adult within sight Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-6 who can both monitor and control the behavior and actions of an animal. "Kennel" means an enclosure including a residence where more than three dogs over 4 months of age are kept and maintained. "Livestock" means: (a) All cattle or animals of the bovine species. (b) All horses, mules, burros, asses or animals of the equine species. (c) All swine or animals of the porcine species. (d) All goats or animals of the caprine species. (e) All sheep or animals of the ovine species. (f) All poultry or domesticated fowl or birds. "Low-risk species" refers to the gopher, mouse, hamster, various squirrels, rat (wild and pet), rabbit (wild and domestic) and all poultry (wild or domestic) and other such low risk transmitters of rabies as may from time to time be defined by the district health officer. "Marsupial" includes kangaroos, wombats, bandicoots, opossums and related animals. "Medium-risk species" refers to the dog and cat and such other medium-risk transmitters of rabies as may from time to time be defined by the district health officer. "Nuisance" means 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. As used in this ordinance, nuisance shall also have the meaning described in and as limited by, NRS 40.140. "Own" shall mean unless otherwise specified, to keep, harbor or have control, charge or custody of any animal. "Own" does not apply to animals owned by others that are temporarily maintained on the premises of a veterinarian or boarding kennel operator for a period of less than 30 days. "Owner" means any person keeping, harboring or having charge of or having the care, custody or control of an animal, or permitting any animal to be or remain on, or be lodged or fed within, such person=s house, yard or premises. "Owner" does not apply to veterinarians or boarding kennel operators temporarily maintaining on their premises animals owned by others for a period of less than 30 days. "Primate" includes any mammal having more than four digits with nails on hands and feet, binocular vision, a large brainpan and other such characteristics. "Primate" does not include any homo sapien. "Proper authority" means an animal control officer, humane officer authorized to make arrests pursuant to NRS 574.040, game warden or other peace officer having specific Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-7 responsibilities in animal control. "Proper enclosure of a dangerous dog" means 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. "Quarantine" means placement of a biting animal or an animal exposed to a rabid animal or to a high-risk species in isolation at a veterinary hospital, animal shelter or other approved facility in a manner such that the animal can be carefully observed for signs of illness or abnormal behavior. "Rabies control authority" means the district health officer or any person authorized by him to act and under his supervision. "Raptor" includes any bird of prey. "Releasing agency" means: (a) A society incorporated pursuant to NRS 574.010 to prevent cruelty to animals; (b) A nonprofit entity that provides for the temporary shelter, care or placement of pets; or (c) An organization that takes into custody pets which have been abandoned, abused or neglected and places those pets with new owners. "Reptile" includes any venomous member of the family reptilia and any other member of that family which, when fully grown, is greater than 52 feet in length or weighs 10 or more pounds. "Residence" means a totally enclosed structure which is the primary place where a person resides, sleeps and eats their meals. "Special event" includes, but is not limited to: (a) 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; (b) Any activity that substantially increases or disrupts the normal flow of traffic on any street or highway; (c) Any activity which involves the use of public facilities; or (d) Any activity which involves the use of any county or city services that would not be necessary in the absence of such an event. "Stray" means any animal running at large upon public or Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-8 private lands in the county whose owner is unknown in the places where such animal is found. "Substantial bodily harm" has the meaning set forth in NRS 0.060. "Torture" includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted. Torture has the same meaning as "cruelty". "Vaccination against rabies" means the inoculation of a dog, cat or ferret with rabies vaccine licensed by the United States Department of Agriculture and included in the latest Compendium of Animal Rabies Vaccines of the Public Health Service of the United States Department of Health and Human Services. Such vaccination must be performed by a licensed veterinarian. "Veterinarian" means a member of the profession of veterinary medicine as described in chapter 638 of NRS, or the term as defined by the applicable veterinary practice act in any state of the United States. "Wildlife" means any wild mammal, wild bird, fish, reptile, amphibian, mollusk or crustacean found naturally in a wild state, whether indigenous to Nevada or not and whether raised in captivity or not. ['4, Ord. No. 1207; A Ord. No. 1269] 55.020 Animal services center established; functions. 1. There is hereby established an animal services center which is and shall be maintained in such place as is provided for from time to time by the board of county commissioners. 2. The animal services center provides for the receipt, impoundment, care and disposal of animals. Operation, direction, supervision and necessary control of the animal services center shall be under the board of county commissioners and its duly authorized representatives by July 1, 2005. 3. In carrying out the functions of the animal services center, the board may enter into written agreements upon such terms and conditions as the board deems appropriate and in compliance with all applicable laws. ['3, Ord. No. 1269] 55.030 Animal control board; composition; qualifications; powers and duties. 1. An animal control board is hereby established. The animal control board shall consist of seven members to be appointed by the board of county commissioners. The cities of Reno and Sparks each may submit a list of persons recommended by the respective city councils for appointment to the board. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-9 The county may also consider other persons for appointment to the board. 2. In making appointments to the board, the board of county commissioners may establish such qualifications as it deems appropriate, but at any given time: (a) At least one member must be a person who owns or has previously owned an exotic animal or who has other qualifications demonstrating knowledge in the care and supervision of exotic animals; (b) At least one member must be a representative of a society for the prevention of cruelty to animals incorporated pursuant to chapter 574 of NRS. In addition, one member must be appointed from each of the commissioner districts as set forth in section 5.015 and as follows: (c) One member who resides in commissioner district no. 1; (d) One member who resides in commissioner district no. 2; (e) One member who resides in commissioner district no. 3; (f) One member who resides in commissioner district no. 4; and (g) One member who resides in commissioner district no. 5. 3. The terms of the members shall be four years, except that upon the appointment of the members constituting the first animal control board those members will serve terms as provided herein. Four members of the board shall be appointed to 4-year terms and three members shall be appointed to 2-year terms. If a vacancy occurs on the board, the board of county commissioners shall appoint a person with appropriate qualifications as specified herein until the expiration of the term which is the subject of the vacancy. 4. A majority of the animal control board constitutes a quorum for the transaction of business and a majority of those present and constituting a quorum must concur in any decision. 5. The animal control board shall elect a chairman and vice-chairman from among its members who shall hold office for 1 year and until the election and qualification of successors. The chairman shall be responsible for conduct of the meeting. The vice-chairman shall act in the chairman=s absence. 6. Any member who misses 3 consecutive meetings without a valid excuse may be removed by the board of county commissioners and the vacancy filled in accordance with the terms of this section. 7. The animal control board shall exercise those powers and duties set forth in sections 55.415, 55.420, 55.450 and 55.650 to 55.730, inclusive. Technical assistance and support to the board shall be provided by county staff as designated by the director of public works. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-10 ['5, Ord. No. 1207; A Ord. Nos. 1212, 1269] 55.040 Animal control officer; powers and duties. An animal control officer of the county shall have the following powers and duties: 1. To enforce all provisions of this chapter and all laws of the state relating to the care, treatment, impoundment and disposal of animals. 2. To possess and administer a controlled substance in accordance with applicable regulations of the state board of pharmacy as specified in NRS 453.375(10). 3. To maintain and keep the animal services center or other place where all animals which are subject to be impounded may be kept, safely held and provided with sufficient food, water and shelter. 4. To take up, impound and safely keep any animal found to be in violation of the provisions of this chapter. 5. To collect any costs or charges hereinafter provided in this chapter for the impounding and keeping of any animal; to account for all money received and disbursed; and to keep an accurate record of all animals impounded. 6. To dispose of animals, including by destruction, lawfully impounded in accordance with rules promulgated pursuant to section 55.485. 7. In the performance of his duties, the animal control officer shall have the authority to employ the use of the tranquilizer gun and all other animal control equipment commonly used by other animal control agencies within the state. ['6, Ord. No. 1207; A Ord. No. 1269] 55.050 Powers of peace officer. All duly authorized peace officers shall have the authority and power to assist when required in carrying out the provisions of this chapter. ['7, Ord. No. 1207] 55.060 Interference with animal control officer or peace officer. It is unlawful for any person to interfere with or oppose or resist an animal control officer or any peace officer who is enforcing the provisions of this chapter. ['8, Ord. No. 1207] 55.070 Report of violations. Any person who observes a violation of any provision of this chapter may report the suspected violation to an animal control officer. A report may be oral or written. ['9, Ord. No. 1207] Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-11 55.080 Warning of certain violations of chapter. An animal control officer may issue an oral or written warning to any person suspected of violating the provisions of this chapter. The warning may precede or be issued in lieu of a written citation. ['10, Ord. No. 1207] 55.090 Collection and disbursement; fees. 1. All money collected under the provisions of this chapter, unless otherwise provided by the board or by law, shall be paid into a special revenue fund. 2. All fees required to be paid pursuant to the provisions of this chapter shall be set by the board from time to time. ['11, Ord. No. 1207] 55.100 Restraining animals. 1. In the congested areas of the county, 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 rodent, sheep, swine or exotic 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. 2. In the congested areas of the county, it is unlawful for the owner of any dog to allow the dog to be in a public park unless the dog is on a leash. This provision does not apply to special areas that may be designated for training programs, dog shows or dog parks. 3. It is unlawful for any person to bring an animal into the area designated for a special event when the event has been posted as "no animals allowed". This provision does not apply to guide dogs, hearing dogs and helping dogs assisting handicapped persons. ['12, Ord. No. 1207] 55.110 Keeping of animals in sanitary conditions. No person shall keep any animal unless its area is kept clean and free from offensive odors and animal wastes. ['13, Ord. No. 1207] 55.120 Nuisance. 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, as defined herein, upon any public property or any other property under Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-12 the control of or in possession of any other person, whether or not open to the public. ['14, Ord. No. 1207; A Ord. No. 1269] 55.125 Keeping of noisy animals. Except as provided in NRS 40.140, it is unlawful for any person to keep, harbor or own any animal which by making loud and frequent noises causes annoyance to the neighborhood or to any persons in the vicinity. ['15, Ord. No. 1207; A Ord. No. 1269] 55.130 Animal waste disposal. 1. Except as provided in subsection 3, within the congested areas designated in sections 55.240 and 55.245 it is unlawful for any person owning or having control or custody of any animal to permit the animal to defecate upon the public property of the county 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. 2. Except as provided in subsection 3, within the congested areas designated in sections 55.240 and 55.245 it is unlawful for any person to walk a dog on public property of the county 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. 3. Handicapped persons who use guide dogs, helping dogs or hearing 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 animal is 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. ['16, Ord. No. 1207; A Ord. No. 1269] 55.140 Cruelty to animals; generally. 1. It is unlawful for any person to overdrive, overload, torture or cruelly beat, or unjustifiably injure, maim, mutilate, poison, or kill any animal whether belonging to himself or to another, or deprive any animal of necessary sustenance, food, drink or shelter, or willfully instigate, engage in, or in any way further an act of cruelty to any animal, or any act to produce such cruelty. 2. Nothing contained in this section shall be construed to prohibit or interfere with an animal control officer or law enforcement officer in the exercise and performance of their Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-13 duties. ['17, Ord. No. 1207] 55.150 Cruelty to or interference with police service animals. It is unlawful for a person to intentionally or knowingly: 1. Cause bodily injury or death to a police service animal; 2. Engage in any conduct likely to cause bodily injury or death to a police service animal; 3. 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; 4. Taunt, torment, strike or otherwise assault a police service animal; 5. Throw any object or substance at or in the path of a police service animal; 6. Interfere with or obstruct a police service animal, or attempt such interference or obstruction; 7. 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; 8. Release a police service animal from its area of control, or to trespass within such area; 9. Place any food, object or substance into a police service animal=s area of control; or 10. Offer or agree with one or more persons to engage in or cause the performance of any act which violates this section. ['18, Ord. No. 1207] 55.160 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 drug. ['19, Ord. No. 1207] 55.170 Animal fighting; pigeon shoots. 1. 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 willfully 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. 2. 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 or such other birds. ['20, Ord. No. 1207] Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-14 55.175 Permitting dog to chase, worry, injure or kill domestic animals on open range or private property unlawful. 1. It is unlawful for any person to permit a dog to chase, worry, injure or kill cattle, sheep or other domestic animals on the open range or on private property. 2. Subsection 1 does not apply to the use of a dog to herd domestic animals at the direction or with the permission of the owner of those animals. ['21, Ord. No. 1207] 55.180 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 three hours after he received notice that it is left disabled. ['22, Ord. No. 1207] 55.190 Endangering animals. 1. It is unlawful for any person to hold or confine an animal in a pen, house, car, truck, trailer or any other place without a sufficient supply of good and wholesome air, water, food and necessary veterinary care. 2. It is unlawful for any person to hold or confine an animal in a car, truck, trailer, box or crate when the temperature and surrounding environment may cause the animal unnecessary suffering or death. 3. To ensure humane treatment and alleviate suffering or needless death, any animal control or peace officer may remove an animal from a situation that restricts the animal=s ability to escape suffering or death. However, the officer will make every reasonable effort to allow the owner of the animal to remedy the situation before removal, or if no owner is available, the officer will attempt to notify the owner as soon as possible that the animal has been removed. ['23, Ord. No. 1207] 55.200 Tethering animals. It is unlawful for any person who has care, custody and control of any animal to tether it on public property or on private property used for gaming or retail sales. ['24, Ord. No. 1207] 55.210 Giving away of live animals as part of promotion. It is unlawful for any person in connection with any Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-15 advertising campaign or promotion to give, or offer to give, as a gift or prize any live animal of any description. [25, Ord. No. 1207] 55.220 Police dogs and horses exempt from chapter. Any and all dogs and horses in use by a peace officer shall be exempt from all provisions of this chapter that pertain to animals, unless the context specifically provides otherwise and except for sections 55.570 to 55.645, inclusive of this chapter. ['26, Ord. No. 1207] 55.230 Determination of congested areas. For the purpose of certain regulations regarding animals in Washoe County, the county will be divided by the board into areas either determined by the board from time to time to be congested areas, or areas not designated as congested areas under this chapter. The areas within the unincorporated area of Washoe County described in sections 55.240 to 55.330 are hereby determined to be congested areas for purposes of this chapter. ['27, Ord. No. 1207] 55.240 Incorporated City of Sparks: Congested areas. The land within the incorporated City of Sparks is hereby determined to be a congested area for purposes of this chapter. Any land annexed to the city is presumptively determined to be within the congested area pursuant to this section. ['28, Ord. No. 1207] 55.245 Incorporated City of Reno: Congested areas. The land within the incorporated City of Reno is hereby determined to be a congested area for purposes of this chapter. Any land annexed to the city is presumptively determined to be within the congested area pursuant to this section. ['4, Ord. No. 1269] 55.250 Greater Truckee Meadows and surrounding environs: Congested area. The Greater Truckee Meadows and surrounding environs are determined to be a congested area and are specifically described as: That area beginning at the section corner common to sections 4 and 5, T.21 N., R. 19 E., and sections 32 and 33, T. 22 N., R. 19 E., M.D.B. &M.; thence south along the section line to a section corner common to sections 8, 9, 16 and 17, T. 21 N., R. 19 E., M.D.B.&M.; thence east along the section line to a section corner common to sections 11, 12, 13 and 14, T. 21 N. R. 19 E., M.D.B.&M.; thence south along the section line to a section corner common Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-16 to sections 25, 26, 35 and 36, T. 21 N., R. 19 E., M.D.B.&M.; thence west along the section line to a section corner common to sections 26, 27, 34 and 35, T. 21 N., R. 19 E., M.D.B.&M.; thence south along the section line to the southern section corner common to sections 34 and 35, T. 21 N., R. 19 E., M.D.B.&M.; thence west along the township line to the N1/4 corner of section 3, T. 20 N., R. 19 E., M.D.B.&M.; thence south along the center section line to the NW corner of the SW 1/4 of the SE 1/4 of section 3, T. 20 N., R. 19 E., M.D.B.&M.; thence east to the NE corner of the SE 1/4 of the SE 1/4 of section 2, T. 20 N., R. 19 E., M.D.B.&M.; thence south along the section line to a section corner common to sections 1, 2, 11 and 12, T. 20 N., R. 19 E., M.D.B.&M.; thence east along the section line to the 1/4 corner common to sections 6 and 7, T. 20 N., R. 20 E., M.D.B.&M.; thence north along the center section line to the SE corner of the NE 1/4 of the NW 1/4 of section 6, T. 20 N., R. 20 E., M.D.B.&M.; thence east to the SE corner of the NE 1/4 of the NE 1/4 of section 6, T. 20 N., R. 20 E., M.D.B.&M.; thence south along the section line to a section corner common to sections 5, 6, 7 and 8, T. 20 N., R. 20 E., M.D.B.&M.; thence east to the 1/4 corner common to sections 5 and 8, T. 20 N., R. 20 E., M.D.B.&M.; thence south to the center of section 8, T. 20 N., R. 20 E., M.D.B.&M.; thence east to the center of section 9, T. 20 N., R. 20 E., M.D.B.&M.; thence south to the NW corner of the SW 1/4 of the SE 1/4 of section 16, T. 20 N., R. 20 E., M.D.B.&M.; thence east to the NE corner of the SE 1/4 of the SE 1/4 of section 16, T. 20 N., R. 20 E., M.D.B.&M.; thence south along the section line to the 1/4 corner common to sections 21 and 22, T. 20 N., R. 20 E., M.D.B.&M.; thence west to the SW corner of the SE 1/4 of the NE 1/4 of section 21, T. 20 N., R. 20 E., M.D.B.&M.; thence north to the NW corner of the SE 1/4 of the NE 1/4 of section 21, T. 20 N., R. 20 E., M.D.B.&M.; thence west to the easterly right-of-way of Highway 33, thence in a southerly direction along the easterly right-of- way of Highway 33 to the intersection with the east-west center section line of section 21, T. 20 N., R. 20 E., M.D.B.&M.; thence west to the center of section 21, T. 20 N., R. 20 E., M.D.B.&M.; thence north along the center section line to a 1/4 corner common to sections 16 and 21, T. 20 N., R. 20 E., M.D.B.&M., thence west along the section line to the section corner common with sections 16, 17, 20 and 21, T. 20 N., R. 20 E., M.D.B.&M.; thence south along the section line to the NW corner of the SW 1/4 of the SW 1/4 of section 28, T. 20 N., R. 20 E., M.D.B.&M.; thence east to the east right-of-way of Spanish Springs Road, thence northerly along the easterly right-of-way of Spanish Springs Road to an intersection of the Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-17 eastwest center section line of section 27, T. 20 N., R. 20 E., M.D.B.&M.; thence east along the center section line to the 1/4 corner common to sections 26 and 27, T. 20 N., R. 20 E., M.D.B.&M.; thence south along the section line to a section corner common to sections 26, 27, 34 and 35, T. 20 N., R. 20 E., M.D.B.&M.;, thence east to a section corner common to sections 25, 26, 35 and 36, T. 20 N., R. 20 E., M.D.B.&M.; thence south along the section line to an intersection with the Valley Road-to-Tracy 120 KV "H" frame powerline, thence southeasterly along the powerline to an intersection with the north-south center section line of section 36, T. 20 N., R. 20 E., M.D.B.&M.; thence south along the center section line to the south 1/4 corner of section 36, T. 20 N., R. 20 E., M.D.B.&M.; thence south to the center of section 1, T. 19 N., R. 20 E., M.D.B.&M.; thence west to the 1/4 corner common to sections 1 and 2, T. 19 N., R. 20 E., M.D.B.&M.; thence south along the section line to the SE corner of the NE 1/4 of the NE 1/4 of section 14, T. 19 N., R. 20 E., M.D.B.&M.; thence west to the SW corner of the NW 1/4 of the NE 1/4 of section 14, T. 19 N., R. 20 E., M.D.B.&M.; thence south along the center section line to the center of section 14, T. 19 N., R. 20 E., M.D.B.&M.; thence west to the NW corner of the NE 1/4 of the SW 1/4 of section 14, T. 19 N., R. 20 E., M.D.B. &M.; thence south to the SE corner of the SW 1/4 of the SW 1/4 of section 14, T. 19 N., R. 20 E., M.D.B.&M.; thence east along the section line to the 1/4 corner common to sections 14 and 23, T. 19 N., R. 20 E., M.D.B.&M.; thence south to the 1/4 corner common to sections 26 and 35, T. 19 N., R. 20 E., M.D.B.&M.; thence west to the NE corner of the NW 1/4 of the NW 1/4 of section 35, T. 19 N., R. 20 E., M.D.B.&M.; thence south to the SE corner of the NW 1/4 of the NW 1/4 of section 35, T. 19 N., R. 20 E., M.D.B.&M.; thence west to the SW corner of the NW 1/4 of the NW 1/4 of section 35, T. 19 N., R. 20 E., M.D.B.&M.; thence south along the section line to the section corner common to sections 34 and 35, T. 19 N., R. 20 E. , M.D.B.&M.; thence west along the township line to the NW corner of the NE 1/4 of the NE 1/4 of section 3, T. 18 N., R. 20 E., M.D.B.&M.; thence south to the SW corner of the SE 1/4 of the NE 1/4 of section 3, T. 18 N., R. 20 E., M.D.B.&M.; thence east to the 1/4 corner common to sections 2 and 3, T. 18 N., R. 20 E., M.D.B.&M.; thence south to a section corner common to sections 2, 3, 10 and 11, T. 18 N., R. 20 E., M.D.B.&M.; thence east along the section line to the NE corner of the NW 1/4 of the NW 1/4 of section 11, T. 18 N., R. 20 E., M.D.B.&M.; thence south to the SE corner of the NW 1/4 of the NW 1/4 of section 11, T. 18 N., R. 20 E., M.D.B.&M., thence Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-18 west to the SW corner of the NW 1/4 of the NW 1/4 of section 11, T. 18 N., R. 20 E., M.D.B.&M., thence south along the section line to a 1/4 corner common to sections 10 and 11, T. 18 N., R. 20 E., M.D.B.&M.; thence east along the center section line to the center of section 11, T. 18 N., R. 20 E., M.D.B.&M.; thence south to the SE corner of the NE 1/4 of the SW 1/4 of section 14, T. 18 N., R. 20 E., M.D.B.&M.; thence west to the SW corner of the NE 1/4 of the SW 1/4 of section 14, T. 18 N., R. 20 E., M.D.B.&M.; thence south to the SE corner of the SW 1/4 of the SW 1/4 of section 14, T. 18 N., R. 20 E., M.D.B. &M.; thence west along the section line common to sections 14 and 23 to the NE corner of the NW 1/4 of the NW 1/4 of the NW 1/4 of section 23, T. 18 N., R. 20 E., M.D.B.&M.; thence south to the SE corner of the SW 1/4 of the SW 1/4 of the NW 1/4 of section 23, T. 18 N., R. 20 E., M.D.B.&M.; thence west along the center section line to the 1/4 corner common to sections 22 and 23, T. 18 N., R. 20 E., M.D.B.&M.; thence south to a section corner common to sections 22, 23, 26 and 27, T. 18 N., R. 20 E., M.D.B.&M.; thence east to the section corner common to sections 23, 24, 25 and 26, T. 18 N., R. 20 E., M.D.B.&M.; thence south to the southeast section corner of section 35, T. 18 N., R. 20 E., M.D.B.&M.; thence west to the northeast section corner of section 3, T. 17 N., R. 20 E., M.D.B.& M.; thence south to the 1/4 corner common to sections 2 and 3, T. 17 N., R. 20 E., M.D.B.&M.; thence west to the center 1/4 corner of section 3, T. 17 N., R. 20 E., M.D.B.&M.; thence south along the north-south centerline of section 3 to the 1/4 corner common to sections 3 and 10, T. 17 N., R. 20 E., M.D.B.&M., thence west to the section corner common to sections 3, 4, 9 and 10, T. 17 N., R. 20 E., M.D.B.&M.; thence south to the 1/4 corner common to sections 9 and 10, T. 17 N., R. 20 E., M.D.B.&M.; thence west along the east-west centerline of section 9 to the 1/4 corner common to sections 8 and 9, T. 17 N., R. 20 E., M.D.B.&M.; thence north to the section corner common to sections 4, 5, 8 and 9, T. 17 N., R. 20 E., M.D.B.&M.; thence west to the 1/4 corner common to sections 5 and 8, T. 17 N., R. 20 E., M.D.B.&M.; thence south to the center of section 8, T. 17 N., R. 20 E., M.D.B.&M.; thence west to the 1/4 corner common to sections 7 and 8, T. 17 N., R. 20 E., M.D.B.&M.; thence south to the section corner common to sections 17, 18, 19 and 20, T. 17 N., R. 20 E., M.D.B.&M.; thence west to the southwest corner of section 18, T. 17 N., R. 20 E., M.D.B.&M.; thence north to the northwest section corner of section 7, T. 17 N., R. 20 E., M.D.B.& M.; thence east to the westerly right-of-way of U. S. Highway 395, thence northeasterly along the westerly right-of-way of U. S. Highway 395 to the intersection with the Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-19 section line common to section 4, T. 17 N., R. 20 E., and section 33, T. 18 N., R. 20 E., M.D.B.&M.; thence west along the section line to the north west section corner of section 1, T. 17 N., R. 20 E., M.D.B.&M.; thence south to the 1/4 corner common to sections 11 and 12, T. 17 N., R. 20 E., M.D.B.&M.; thence west along the center section line to the 1/4 corner common to sections 10 and 11, T. 17 N., R. 20 E., M.D.B.&M.; thence south to the section corner common to sections 10, 11, 14 and 15, thence west along the section line to the easterly right-of-way of Mt Rose Highway, thence northerly along said easterly right-of-way to the intersection of the north-south center line of section 34, T. 18 N., R. 19 E., M.D.B.& M.; thence north to the 1/4 corner common to sections 22 and 27, T. 18 N., R. 19 E., M.D.B.&M.; thence east to the SW corner of the SE 1/4 of the SE 1/4 of section 24, T. 18 N., R. 19 E., M.D.B.&M.; thence north to the SE corner of the SW 1/4 of the NE 1/4 of section 24, T. 18 N., R. 19 E., M.D.B.&M.; thence west to the center of section 24, T. 18 N., R. 19 E., M.D.B.&M.; thence north to the 1/4 corner common to sections 13 and 24, T. 18 N., R. 19 E., M.D.B.&M.; thence west to the 1/4 corner common to sections 14 and 23, T. 18 N., R. 19 E., M.D.B.&M.; thence north to the south 1/4 corner of section 35, T. 19 N., R. 19 E., M.D.B.&M.; thence west to the SW corner of the SE 1/4 of the SW 1/4 of section 35, T. 19 N., R. 19 E., M.D.B.&M.; thence north to the NW corner of the NE 1/4 of the SW 1/4 of section 35, T. 19 N., R. 19 E., M.D.B.&M.; thence west to the 1/4 corner common to sections 34 and 35, T. 19 N., R. 19 E., M.D.B. &M.; thence north to the SE corner of the NE 1/4 of the NE 1/4 of section 34, T. 19 N., R. 19 E., M.D.B.&M.; thence west to the SW corner of the NE 1/4 of the NE 1/4 of section 34, T. 19 N., R. 19 E., M.D.B.&M.; thence north to the NW corner of the NE 1/4 of the NE 1/4 of section 34, T. 19 N., R. 19 E., M.D.B.&M.; thence west to the section corner common to sections 27, 28, 33 and 34, T. 19 N., R. 19 E., M.D.B.&M.; thence north to the 1/4 corner common to sections 27 and 28, T. 19 N., R. 19 E., M.D.B.&M.; thence west to the 1/4 corner common to sections 28 and 29, T. 19 N., R. 19 E., M.D.B.&M.; thence north to the section corner common to sections 20, 21, 28 and 29, T. 19 N., R. 19 E., M.D.B.&M.; thence West to the SW corner of the SE 1/4 of the SW 1/4 of section 20, T. 19 N., R. 19 E., M.D.B. &M.; thence north to the NW corner of the SE 1/4, of the SW 1/4 of section 20, T. 19 N., R. 19 E., M.D.B.&M.; thence west to the SW corner of the NW 1/4 of the SE 1/4 of section 19, T. 19 N., R. 19 E., M.D.B.&M.; thence north to the center of section 19, T. 19 N., R. 19 E., M.D.B.&M.; thence west to the E 1/4 corner of section 24, T. 19 N., R. 18 E., M.D.B.&M., thence north to the Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-20 SE corner of the NE 1/4 of the NE 1/4 of section 24, T. 19 N., R. 18 E., M.D.B.&M., thence west to the SW corner of the NE 1/4 of the NW 1/4 of section 24, T. 19 N., R. 18 E., M.D.B.&M.; thence north to the NW corner of the NE 1/4 of the SW 1/4 of section 13, T. 19 N., R. 18 E., M.D.B.& M.; thence west to the center of section 14, T. 19 N., R. 18 E., M.D.B.&M.; thence south to the 1/4 corner common to sections 14 and 23, T. 19 N., R. 18 E., M.D.B.&M.; thence west to the section corner common to sections 14, 15, 22 and 23, T. 19 N., R. 18 E., M.D.B.&M.; thence south to the SE corner of the NE 1/4 of the NE 1/4 of section 22, T. 19 N., R. 18 E., M.D.B.&M.; thence west to the SW corner of the NW 1/4 of the NW 1/4 of section 22, T. 19 N., R. 18 E., M.D.B. &M.; thence north to the section corner common to sections 15, 16, 21 and 22, T. 19 N., R. 18 E., M.D.B.&M.; thence west to the 1/4 corner common to sections 17 and 20, T. 19 N., R. 18 E., M.D.B.&M.; thence south to the 1/4 corner common to sections 29 and 32, T. 19 N., R. 18 E., M.D.B.&M.; thence west to the section corner common to sections 29, 30, 31 and 32, T. 19 N., R. 18 E., M.D.B.&M.; thence south to the SE corner of section 31, T. 19 N., R. 18 E., M.D.B.&M.; thence west along the township line to the intersection with the Nevada-California state boundary line, thence north along the state line to the section line common to sections 6 and 7, T. 19 N., R. 18 E., M.D.B.&M.; thence east along the section line to the section corner common to sections 3, 4, 9 and 10, T. 19 N., R. 18 E., M.D.B.&M.; thence south to the section corner common to sections 9, 10, 15 and 16, T. 19 N., R. 18 E., M.D.B.&M.; thence east to the section corner common to sections 10, 11, 14 and 15, T. 19 N., R. 18 E., M.D.B.&M.; thence north to the NW corner of the SW 1/4 of the SW 1/4 of section 11, T. 19 N., R. 18 E., M.D.B.&M.; thence east to the NE corner of the SE 1/4 of the SE 1/4 of section 11, T. 19 N., R. 18 E., M.D.B.&M.; thence south to the section corner common to sections 11, 12, 13 and 14, T. 19 N., R. 18 E., M.D.B.&M.; thence east to the SW corner of section 7, T. 19 N., R. 19 E., M.D.B.&M.; thence north to the west 1/4 corner of section 7, T. 19 N., R. 19 E., M.D.B.&M.; thence east to the center of section 7, T. 19 N., R. 19 E., M.D.B.&M.; thence north to the 1/4 corner common to sections 6 and 7, T. 19 N., R. 19 E., M.D.B.&M.; thence north to the center of section 6, T. 19 N., R. 19 E., M.D.B.&M.; thence east to the 1/4 corner common to sections 5 and 6, T. 19 N., R. 19 E., M.D.B.&M.; thence south to the section corner common to sections 5, 6, 7 and 8, T. 19 N., R. 19 E., M.D.B.&M.; thence east to the 1/4 corner common to sections 5 and 8, T. 19 N., R. 19 E., M.D.B.&M.; thence north to the center of section 5, T. 19 N., R. 19 E., Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-21 M.D.B.&M.; thence east to the 1/4 corner common to sections 4 and 5, T. 19 N., R. 19 E., M.D.B.&M.; thence north to the section corner common to sections 32 and 33, T. 20 N., R. 19 E., M.D.B.&M.; thence east to the S 1/4 corner of section 33, T. 20 N., R. 19 E., M.D.B.&M.; thence north to the center of section 33, T. 20 N., R. 19 E., M.D.B.&M., thence east to the 1/4 corner common to sections 33 and 34, T. 20 N., R. 19 E., M.D.B.&M.; thence north along section lines to the intersection of the section line common to sections 15 and 16, T. 20 N., R. 19 E., M.D.B.&M.; and the southerly right-of-way of the Western Pacific Railroad, thence northwesterly along the southerly right-of-way of the Western Pacific Railroad to the intersection with the section line common to sections 16 and 17, T. 20 N., R. 19 E., M.D.B.&M.; thence south to the section corner common to sections 16, 17, 20 and 21, T. 20 N., R. 19 E., M.D.B.&M.; thence west to the section corner common to sections 17, 18, 19 and 20, T. 20 N., R. 19 E., M.D.B.&M.; thence north to the section corner common to sections 7, 8, 17 and 18, T. 20 N., R. 19 E., M.D.B.&M.; thence west to the section corner common to sections 7 and 18, T. 20 N., R. 19 E., and sections 12 and 13, T. 20 N., R. 18 E., M.D.B.&M.; thence north along the range line common to section 12, T. 20 N., R. 18 E., and section 7, T. 20 N., R. 19 E., to an intersection with the southerly right-of-way of the Western Pacific Railroad, thence westerly along the southerly right- of-way of the Western Pacific Railroad to an intersection with the north-south center section line of section 11, T. 20 N., R. 18 E., M.D.B.&M.; thence north to an intersection with the southerly right-of-way of U. S. Highway 395, thence northwesterly along the southerly right-of-way of U. S. Highway 395 to an intersection with the section line common to sections 29 and 32, T. 21 N., R. 18 E., M.D.B.&M.; thence west to an intersection with the state boundary line of Nevada and California, thence north along aforementioned state boundary line to an intersection with the section line common to sections 18 and 19, T. 21 N., R. 18 E., M.D.B.&M.; thence east to a section corner common to sections 17, 18, 19 and 20, T. 21 N., R. 18 E., M.D.B.&M.; thence north to the NW corner of the SW 1/4 of the SW 1/4 of section 17, T. 21 N., R. 18 E., M.D.B.&M.; thence east to the NW corner of the SE 1/4 of the SE 1/4 of section 17, T. 21 N., R. 18 E., M.D.B.&M.; thence north to the NW corner of the SE 1/4 of the NE 1/4 of section 17, T. 21 N., R. 18 E., M.D.B.&M.; thence east to the NE corner of the SE 1/4 of the NE 1/4 of section 17, T. 21 N., R. 18 E., M.D.B.&M.; thence north to the section corner common to sections 8, 9, 16 and 17, T. 21 N., R. 18 E., M.D.B.&M.; thence east to the section corner common to sections 9, 10, 15 Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-22 and 16, T. 21 N., R. 18 E., M.D.B.&M.; thence south to the section corner common to sections 21, 22, 27 and 28, T. 21 N., R. 18 E., M.D.B.&M.; thence east to the NE corner of the NW 1/4 of the NW 1/4 of section 27, T. 21 N., R. 18 E., M.D.B.&M.; thence south to an intersection with the northerly right-of-way of U.S. Highway 395, thence southeasterly along the northerly right-of-way of U. S. Highway 395 to an intersection with the north-south center of the section line of section 2, T. 20 N., R. 18 E., M.D.B.&M.; thence north to the N 1/4 corner of section 2, T. 20 N., R. 18 E., M.D.B.&M.; thence west to the S 1/4 corner of section 35, T. 21 N., R. 18 E., M.D.B.&M.; thence north to the N 1/4 corner of section2, T. 21 N., R. 18 E., M.D.B.&M.; thence east to the section corner common to sections 4 and 5, T. 21 N., R. 19 E., and sections 32 and 33, T. 22 N., R. 19 E., M.D.B.&M.; and being the point of beginning. ['29, Ord. No. 1207] 55.251 Area 1 - Woodland Village: Congested area. The Woodland Village area is determined to be a congested area and is specifically described as: The W2 of section 15, T.21N., R.18E., M.D.B.& M. ['5, Ord. No. 1269] 55.252 Area 2 - Pebble Creek: Congested area. The Pebble Creek area is determined to be a congested area and is specifically described as: Tract Map #3990, Pebble Creek Unit 1 lying in sections 11 and 14, T. 21N., R.20E., M.D.B.&M. ['6, Ord. No. 1269] 55.253 Area 3 - Eagles Nest: Congested area. The Eagles Nest area is determined to be a congested area and is specifically described as: All of Countryside Subdivision, TM #2226, except therefrom Lot 10 of Block B of said Countryside Subdivision, and all of government Lot 2 of Section 6, T.20N., R.21.E., M.D.B.& M. ['7, Ord. No. 1269] 55.254 Area 4 - Spring Ridge: Congested area. The Spring Ridge area is determined to be a congested area and is specifically described as: The N2 of section 21, T.20N., R.20E., M.D.B.& M. ['8, Ord. No. 1269] 55.255 Area 5 - Arrow Creek/Southwest Vistas: Congested area. The Arrow Creek/Southwest Vistas area is determined to be a congested area and is specifically described as: The E2 Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-23 of sections 15 and 22, T.18N., R.19E., M.D.B.& M.; the W2 of section 14, T.18N., R.19E., M.D.B.& M.; all of section 23, T.18N., R.19E., M.D.B.& M.; the W2 of section 24, T.18N., R.19E., M.D.B.& M.; the W2 of the SE3 of section 24, T.18N., R.19E., M.D.B.& M. ['9, Ord. No. 1269] 55.256 Area 6 - Timberline: Congested area. The Timberline area is determined to be a congested area and is specifically described as: The NW3 of the NW3 of section 3, T.17N., R.19E., M.D.B.& M.; and the E2 of the W2 of section 34, T.18N., R.19E., M.D.B.& M. ['10, Ord. No. 1269] 55.257 Area 7 - Pleasant Valley: Congested area. The Pleasant Valley area is determined to be a congested area and is specifically described as: The SE3 of the SE3 of section 6, T.17N., R.20E., M.D.B.& M.; the S2 of the SW3 of section 5, T.17N., R.20E., M.D.B.& M.; the SW3 of the SE3 of section 5, T.17N., R.20E., M.D.B.& M.; the NE3 of the SE3 of section 5, T.17N., R.20E., M.D.B.& M.; the NW3 of the SW3 of section 4, T.17N., R.20E., M.D.B.& M.; and the NW3 of section 4, T.17N., R.20E., M.D.B.& M. ['11, Ord. No. 1269] 55.258 Area 8 - Sunridge/Reindeer: Congested area. The Sunridge/Reindeer area is determined to be a congested area and is specifically described as: The NW3 of the NW3 of section 16, T.17N., R.19E., M.D.B.& M.; and all of section 17, T.17N., R.19E., M.D.B.& M. ['12, Ord. No. 1269] 55.259 Area 9 - Saint James Village: Congested area. The Saint James Village area is determined to be a congested area and is specifically described as: The E2 of section 15, T.17N., R.19E., M.D.B.& M.; and all of section 14, T.17N., R.19E., M.D.B.& M. ['13, Ord. No. 1269] 55.260 Old Washoe City: Congested area. The old Washoe City area is determined to be a congested area and is specifically described as: The NW 1/4 of section 24 and all of section 23, T. 17 N., R. 20 E., M.D.B.&M. ['30, Ord. No. 1207] 55.270 New Washoe City: Congested area. The New Washoe City area is determined to be a congested area and is Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-24 specifically described as: All that portion of section 25, T. 17 N., R. 19 E., M.D.B.&M., lying easterly of East Lake Boulevard; all of sections 30, 31 and 32, T. 17 N., R. 20 E., M.D.B.&M.; all of sections 5 and 6, T. 16 N., R. 20 E., M.D.B.&M. ['31, Ord. No. 1207] 55.280 Incline Village: Congested area. The Incline Village area is determined to be a congested area and is specifically described as: All of sections 3, 8, 9, 10, 11, 14 and 15; all of sections 18, 19 and 30 bounded by the California-Nevada state boundary line and Lake Tahoe, all of sections 16, 17, 21, 22 and 23, T. 16 N., R. 18 E., M.D.B.&M. ['32, Ord. No. 1207] 55.290 Franktown: Congested area. The Franktown area is determined to be a congested area and is specifically described as: The E 1/2 of the E 1/2 of section 9, all of section 10 and all those portions of sections 11, 14 and 15, T. 16 N., R. 19 E., M.D.B.&M., lying between New U. S. Highway 395 on the east and Old U.S. Highway 395 on the west. ['33, Ord. No. 1207] 55.300 Gerlach: Congested area. The Gerlach area is determined to be a congested area and is specifically described as: The SE 1/4 of section 15, T. 32 N., R. 23 E., M.D.B.&M. ['34, Ord. No. 1207] 55.310 Empire: Congested area. The Empire area is determined to be a congested area and is specifically described as: All that portion of the S 1/2 of section 11, T. 31 N., R. 23 E., M.D.B.&M., lying west of State Highway 34 and all that portion of the N 1/2 of section 14, T. 31 N., R. 23 E., M.D.B.&M., lying west of State Highway 34. ['35, Ord. No. 1207] 55.320 Spanish Springs: Congested area. The Spanish Springs area is determined to be a congested area and is specifically described as: All of sections 23, 26, 27, 34, 35, 36, and those portions of Bridle Path Homes Unit 4, Track Map #2953, Bridle Path Homes Unit 5, Tract Map #3030, Bridle Path Homes Unit 6, Tract Map #3116 lying in section 25, and the E 1/2 of sections 22 and 33, T. 21 N., R. 20 E., M.D.B.&M., and the E 1/2 of section 4 and all of section 3 west of the westerly right-of-way line of Highway 33, T. 20 N., R. 20 E., M.D.B.&M., and the W 2 of the SW 1/4 of the NW 1/4 and the W Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-25 1/2 of the NW 1/4 of the SW 1/4 of section 30, T. 21 N., R. 21 E., M.D.B.&M. ['36, Ord. No. 1207] 55.330 Wadsworth and Stampmill Estates Subdivision: Congested area. The following described area within the unincorporated area of the county is determined to be a congested area: All that certain area within the following described parcels of land within the unincorporated area of Washoe County: The NW 3 of section 3, the NE 3 of section 4, the NW 3 of section 8 and all that portion of the SW 3 of section 8 lying northwesterly of the I-80 right of way, all in T. 20 N., R. 24 E., M.D.B. & M. ['37, Ord. No. 1207] 55.340 Licensing of dogs in congested areas required; annual license; fees; license tags; unlawful to fail to license. 1. Within a congested area in the county, every person keeping or maintaining any dog over the age of 4 months, within 30 days after the dog attains this age, or after first bringing a dog into a congested area to keep and maintain, shall obtain and thereafter continuously maintain for the dog a current and valid dog license issued by the county and shall comply with the vaccination provisions of section 55.580. 2. Each dog license issued by the county shall be annual and must be renewed annually within 30 days from the expiration date of the license. After this date, a penalty fee shall be charged for late licensing. 3. The license fee shall be set, and may be amended from time to time by the board of county commissioners. 4. Upon exhibition of the proper certificate of vaccination pursuant to the provisions of section 55.590 and payment of the license fee, the county will issue: (a) A certificate stating the license year for which the license fee is paid, a description of the dog, the date of payment and the name and residence address of the person to whom the license is issued. (b) A metal or plastic tag numbered to correspond with the license or certificate of registry with the license year stamped thereon. 5. The dog license is not transferable from one dog to another. 6. No refund shall be made on any dog license fee because of death of the dog or the owner moving out of the county before expiration of the license period. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-26 7. It is unlawful for the owner of any dog to keep or maintain the dog in any congested area unless it is licensed as provided in this chapter. ['38, Ord. No. 1207] 55.350 Rabies vaccination required. 1. The county shall not issue a license for any dog until: (a) The dog has been vaccinated with canine rabies vaccine by a veterinarian licensed to practice veterinary medicine in the state in which the dog was vaccinated, and the owner of the dog produces a current certificate of rabies vaccination. Each certificate of rabies vaccination shall expire as noted on the vaccination certificate and shall include the information specified in section 55.590; or (b) The owner of the dog furnishes a statement from a veterinarian that the dog should not be vaccinated. 2. The county may accept the license fee from the applicant and withhold issuance of the license until the certificate or exemption statement is provided. ['39, Ord. No. 1207] 55.360 Dogs to wear license tags and collars; lost tags; exceptions. 1. The owner of the dog for which a license tag has been issued shall attach the license tag to a suitable collar around the dog=s neck. If such tag is lost, the owner shall procure a duplicate tag and pay a fee as set by the board. 2. Licensed dogs confined on the premises of the owner are not required to wear a license tag and collar while so confined, but the owner shall produce evidence of current licensing upon request by an animal control officer. ['40, Ord. No. 1207] 55.370 Unauthorized removal of license tag; use of non- current license tag. 1. It is unlawful for any person to remove any license tag issued under the provisions of section 55.340 to 55.360, inclusive, from any dog not owned by him or not lawfully in his possession or under his control. 2. It is unlawful 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 as provided in section 55.340 to 55.360, inclusive, for that particular dog for the then current license year. ['41, Ord. No. 1207] 55.380 Licensing exemptions. The licensing provisions of Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-27 this chapter to not apply to the owner of any dog which is: 1. Under 4 months of age if the dog is kept within an enclosure and is not allowed to run at large; 2. Being trained for use or actually used as a helping dog, hearing dog or guide dog, but the dog shall not be permitted to be at large; 3. Under the care and in the possession of a veterinarian; or 4. Used by a public law enforcement agency. ['42, Ord. No. 1207] 55.390 Permit to keep more than three dogs over 4 months of age or 7 cats over four months of age. Except as provided in section 55.430, a person shall not keep more than three dogs over 4 months of age nor more than seven cats over 4 months of age, for more than 30 days at any place or residence within a congested area without a permit issued in accordance with section 55.400 to 55.420, inclusive. For purposes of this chapter, a dog over 4 months of age shall be deemed an adult dog and a cat over 4 months of age shall be deemed an adult cat. ['43, Ord. No. 1207; A Ord. No. 1269] 55.400 Permit to keep more than three adult dogs or seven adult cats: Applications; inspections; fees. 1. Application for a permit to keep more than three adult dogs or seven adult cats must be made to the animal services staff. The application for a permit to keep more than three adult dogs must: (a) Specify the number and breed or breeds of dogs for which the permit is requested; (b) Be accompanied by construction drawings showing the proposed design and location of the kennel required under section 55.410. 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 (c) Be accompanied by an application fee in the amount established by the board. A releasing agency as defined herein is exempt from the application fee. 2. An application for a permit to keep more than seven adult cats must: (a) Specify the maximum number of cats for which a permit is requested; (b) Be accompanied by construction drawings showing the proposed design and location of the cattery required under Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-28 section 55.415. 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 (c) Be accompanied by an application fee in the amount established by the board. A releasing agency as defined herein is exempt from the application fee. 3. Upon receipt of the application to keep more than three adult dogs, an 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: (a) Keeping the dogs at the location specified in the application will not violate any state or local laws or regulations; (b) The kennel will meet the requirements contained in section 55.410. (c) Maintenance of the dogs will not endanger the peace, health or safety of persons residing in the county; (d) 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 (e) Keeping and maintaining the dogs will not constitute a nuisance as defined herein. 4. Upon receipt of an application to keep more than seven adult cats, an 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: (a) Keeping the cats at the location specified in the application will not violate any state or local laws or regulations; (b) The cattery will meet the requirements contained in section 55.415; (c) Maintenance of the cats will not endanger the peace, health or safety of persons residing in the county; (d) 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 (e) Keeping and maintaining the cats will not constitute a nuisance as defined herein. ['44, Ord. No. 1207; A Ord. No. 1269] 55.410 Kennel requirements for keeping more than three adult dogs. 1. The dogs which are the subject of the permit to keep more than three adult dogs must be kept in a kennel or under the immediate supervision of a responsible adult, except when Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-29 inside the residence. 2. Except as provided in subsection 4, new kennels must: (a) Be not less than 6 feet in width by 10 2 feet in length by 6 feet in height (540 cubic feet) for four small size dogs, such as Toy Poodles, Pekinese and Chihuahuas. The width of the kennel must be increased by 2 feet for each additional dog. (b) Be not less than 14 feet in width by 12 feet in length by 6 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 must be increased by 4 feet for each additional dog. (c) Be not less than 18 feet in width by 20 feet in length by 6 feet in height (2,160 cubic feet) for four large size dogs such as Saint Bernards and Great Danes. The width of the kennel must be increased by 6 feet for each additional dog. 3. In addition to the requirements of subsection 2, new kennels must: (a) Be constructed of 11.5 gauge chain link fence or sturdier or of other material of equal strength upon approval of the animal control officer; (b) Have a concrete floor. Wood, gravel or dirt flooring is permitted if the posts supporting the kennel walls have concrete footings not less than 24 inches in depth and the perimeter of the kennel has a concrete footing, or material of similar strength upon approval of the animal control officer, at least 6 inches wide and not less than 12 inches deep. 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 (c) 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 2 are met for the types and number of dogs kept. The kennel construction requirements of subsection 2 and 3 do not apply to animals to be kept inside the owner=s residence. 5. If the dogs will be kept in an existing kennel, an animal control officer shall inspect the kennel to determine that it 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. ['45, Ord. No. 1207; A Ord. No. 1269] Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-30 55.415 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 an animal control officer. If cages are used to house the cats, they must meet the minimum space requirements of 30 cubic feet as specified in the Cat Fancier Association=s Cattery Standards. The cattery permit requirements stated in this chapter do not apply to the unincorporated area of Washoe County. ['14, Ord. No. 1269] 55.420 Approval, disapproval of application to keep more than three adult dogs or seven adult cats; issuance of permit; appeals. 1. Within 10 days following the inspection of the premises and review and approval of the kennel or cattery, if already existing, or of the drawings for a new kennel or cattery, the animal control officer must notify, in writing, each person residing within 200 feet of the location at which the dogs or cats will be kept or maintained and each person residing on property adjacent to the property for which the permit application has been filed 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 county shall notify the applicant that he may proceed to construct or remodel the kennel or cattery as the case may be. The animal control officer shall not authorize the issuance of a permit to keep more than three adult dogs or seven adult cats unless the officer can make the findings set forth in section 55.400(3) for a kennel permit, or section 55.400(4) for a cattery permit. In addition, the animal control officer may specify additional conditions on the issuance of the permit. 2. If any person notified pursuant to subsection 1, objects to the issuance of the permit, he may, within 15 days after receipt of notification, file a written objection to the animal services staff. When a written objection is filed, the animal services staff shall notify the applicant of the filing of the written objection and the date on which the matter will be heard by the animal control board. 3. If the applicant for the permit objects to the animal control officer=s recommendations concerning construction or remodeling of the kennel or cattery, objects to other conditions imposed by the animal control officer on the permit, or wishes to appeal a denial of a permit, the Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-31 applicant may file an appeal with the county for a hearing before the animal control board. Any such appeal must be filed within 30 days of the animal control officer=s decision regarding the kennel or cattery or denial of the permit. 4. All proceedings of the animal control board shall be conducted in accordance with the provisions of Chapter 241 of the NRS. At the hearing, the animal control board will consider all objections filed and other evidence presented and may approve or prohibit the keeping of more than three adult dogs or seven adult cats on the premises. In taking action on the appeal, the animal control board may add to or modify conditions it deems necessary or advisable to the permit. 5. If the applicant is required to construct or remodel the kennel or the cattery, he must apply to the building department in the jurisdiction where the kennel or cattery is to be located for the appropriate permits if required, within 15 days of receipt of notice that authorization is granted. The kennel or cattery must be constructed or remodeled within 60 days of the animal control board authorization and in compliance with the plans reviewed by the county, including any conditions imposed thereon by the animal control officer and/or the animal control board. 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 or cattery. 6. Upon completion of the construction or remodeling of the kennel or cattery in accordance with requirements established by the animal control officer and/or the animal control board, the county shall issue the kennel or cattery permit. 7. If the applicant is unable to comply with the kennel or cattery remodel or construction requirements of Chapter 55 or any condition imposed on the permit by the animal control officer or animal control board, the applicant may re apply for a permit to the animal control board for appropriate relief. 8. If the animal control board denies the appeal thereby prohibiting the keeping of more than three adult dogs or seven adult cats on the premises, the applicant must comply with the provisions of section 55.390 within 30 days of the board=s action. If the kennel or cattery is not constructed or remodeled within the time limit specified in subsection 5, the applicant must immediately comply with the provisions of section 55.390 or reapply to the Washoe County animal control board for appropriate relief. 9. The decision of the animal control board is final and a person aggrieved by the decision may seek judicial review thereof and must file a petition for writ of mandamus within Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-32 30 days of the animal control board=s decision at its meeting. 10. Failure of the county to take action on the kennel or cattery application within 120 days from the date of application will constitute approval of the issuance of the permit. 11. As a condition of approval of a kennel or cattery permit, the permittee agrees to allow an animal control officer to inspect the premises that are the subject of the permit upon reasonable notice at a reasonable time. Special inspection requests will be considered. ['46, Ord. No. 1207; A Ord. No. 1269] 55.430 Kennel or cattery permit not required; circumstances. 1. A permit to keep more than three adult dogs or seven adult cats is not required and the provisions of sections 55.390 to 55.420, inclusive, do not apply to: (a) Kennels or catteries used to board animals owned by other persons and operated pursuant to a duly issued business license; (b) Kennels used by a member of a public law enforcement agency for dogs in the service of that agency; (c) Dogs or cats under the age of 4 months if kept within a sufficient enclosure; (d) Dogs or cats held by or in the custody or in the control of persons who are nonresidents of the county and who are temporarily in the county for a period not to exceed 30 days; (e) Dogs or cats brought to the county for participation in any dog or cat show or exhibition; (f) Dogs or cats belonging to activated military personnel that are being cared for by a resident of the county for the period of the activation, but in no event for a period greater than 12 months; and (g) Service animals. ['47, Ord. No. 1207; A Ord. No. 1269] 55.440 Permit fees; exemptions. 1. A person owning or operating a kennel pursuant to a permit shall pay an annual permit fee set by the board of county commissioners. The fee shall be paid each year not later than one year from the date on which the initial fee was paid. 2. A person owning or operating a cattery pursuant to a permit shall pay an annual permit fee set by the board of county commissioners. The fee shall be paid each year not later than one year from the date on which the initial fee was Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-33 paid. 3. The fee required under section 55.400 will not be charged if the principal purpose of operating the kennel is to keep and maintain helping dogs, hearing dogs, guide dogs, or a releasing agency as defined by 55.010. ['48, Ord. No. 1207; A Ord. No. 1269] 55.450 Suspension; revocation of permit; appeal to animal control board; hearing. 1. The holder of a kennel or cattery permit is subject to continued compliance with the provisions of sections 55.400 to 55.420, inclusive, and to any conditions imposed on the kennel or cattery permit. A kennel or cattery permit issued under sections 55.400 to 55.420, inclusive, may be suspended or revoked for failure of the permittee to comply with the provisions of sections 55.400 to 55.420, inclusive, or with any condition(s) imposed on the permit. 2. If an animal control officer becomes aware that a permittee in not complying with the provisions of sections 55.400 to 55.420, inclusive, or with any conditions imposed on the permit, the animal control officer may suspend or revoke the kennel or cattery permit. If the animal control officer suspends or revokes a kennel or cattery permit, the permittee shall be advised in writing of the reason or reasons therefor and may file an appeal of that decision to the animal control board not later than 14 days after receiving the written notice. A failure to appeal the decision of the animal control officer within 14 days constitutes an admission that the decision is well founded and precludes further administrative or judicial review. 3. Upon an appeal being filed, the animal control board shall, within 30 days, hold a hearing on the appeal. 4. The animal control board may take any testimony and evidence it deems necessary. All proceedings shall be conducted in accordance with the provisions of Chapter 241 of the NRS. 5. The decision of the animal control board sustaining, reversing, or sustaining with conditions the action of the animal control officer shall include findings of fact and be transmitted in writing to the applicant within 10 working days. 6. The permittee aggrieved by the decision of the animal control board may seek judicial review thereof and must file a petition for writ of mandamus within 30 days of the animal control board=s decision at its meeting. During the course of judicial review, the kennel or cattery permit shall be continued until a decision is rendered by the district court. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-34 ['49, Ord. No. 1207; A Ord. No. 1269] 55.460 Unlawful for animal, except cats, to be at large in congested areas; damage by animals; capture and impoundment by individuals. 1. It is unlawful for any animal, except cats, to be at large within the congested areas as designated herein. 2. It is unlawful for any animal, to endanger property, public safety, itself or any other animal. 3. A violation of subsection 1 or 2 is committed by the owner or person having custody, control or possession of the animal. 4. An animal control officer or any other person may take up and impound at the animal services center: (a) Any animal, except cats, which is found at large within a congested area; (b) Any animal which is trespassing on that person=s property; and (c) Any animal, which is endangering property, public safety, itself or any other animal. 5. The provisions of this section do not apply to livestock, which are governed by section 55.540. ['50, Ord. No. 1207; A Ord. No. 1269]] 55.465 Impoundment of unspayed female dogs or cats running at large. It is unlawful for the owner or any person having the control or possession of any unspayed female dog or cat to suffer or permit the dog or cat to run at large within any area of the county while the dog or cat is in the copulating season and the owner or person in charge of such female dog or cat shall keep the same secured upon his premises or in a boarding kennel so that other dogs or cats shall not have access thereto. Every female dog or cat that is not kept in conformance with this section shall be immediately seized and impounded at the animal services center. ['51, Ord. No. 1207; A Ord. No. 1269] 55.470 Authority of animal control officer. 1. An animal control officer is authorized under this section to take possession and impound any animal, except livestock, if such animal has been observed by the animal control officer to be in violation of this chapter, or if such animal is being subjected to torture or cruelty as defined herein or by state law. 2. An animal control officer taking possession of an animal Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-35 pursuant to this section, shall give written notice of impoundment, together with the reasons therefor, with the owner or, if the owner cannot be found, shall post the notice on the property from which he takes the animal. ['52, Ord. No. 1207] 55.480 Impounded animals. 1. Every animal kept or found under conditions which constitute a violation of this chapter may be impounded by an animal control officer. Upon denial, revocation or suspension of a permit, or when the owner refuses to apply for a permit, an animal control officer may also impound the animal. 2. The board of county commissioners hereby designates the animal services center as the facility in the county responsible for the care, custody and disposition of impounded animals. ['53, Ord. No. 1207; A Ord. No. 1269] 55.485 Promulgation of rules regarding impounded animals. 1. The board of county commissioners hereby designates the Washoe County Director of Public Works or his designee to promulgate reasonable rules which may include, but are not limited to: (a) Charging owners or persons having the care, custody or possession of animals impounded pursuant to this chapter, for all costs and maintenance incurred by the animal services center, including special assessments. (b) Destruction of impounded animals in a humane manner where the animals have been left unredeemed at the shelter beyond the specified impoundment period. (c) Destruction of impounded animals which are unfit for further keeping due to dangerous propensities, disease, age or injury. (d) Disposition by way of transfer of impounded, unredeemed animals. (e) Rescue and redemption of animals upon payment of all costs as outlined herein and upon licensing or relicensing and vaccination of such animals. (f) To provide for the periodic inspection of the entire Animal Services Center. ['15, Ord. No. 1269] 55.490 Period of impoundment; notice of impoundment; disposition of unclaimed animals. 1. Except in the case of livestock, an animal impounded at the animal services center will be kept there for a period of five days. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-36 2. If the identity of the owner of an impounded animal is known or discovered by the animal services center, the animal control officer shall attempt to provide notice to the owner of the impoundment of the animal. If the identity of the owner is ascertained and notice is given, the owner may redeem the animal in accordance with section 55.500. If the owner does not redeem the animal within the time period specified by the animal services center, the impounded animal may be destroyed as provided in subsection 3 below. 3. An impounded animal may be destroyed in a humane manner under direction of the animal control officer after the end of the five day impoundment period, but any such unredeemed animal authorized for destruction may be transferred to any person in accordance with the rules promulgated pursuant to section 55.480. ['16, Ord. No. 1269] 55.500 Redeeming impounded animals. The owner or person entitled to the custody or possession of any impounded animal, except livestock, may redeem such animal by: 1. Presenting a current license to the county animal services center, if the animal is of a type that must be licensed; 2. Payment of a license fee, if the animal is a dog and was unlicensed; 3. Payment of fees for the impoundment, care and any medical treatment provided to the animal by the animal services center; 4. Provide proof of rabies vaccination if the animal is a type that can be vaccinated, or if such animal has not been vaccinated, post an amount equal to the cost of vaccination which will be returned upon providing proof of vaccination; and 5. Meet the conditions of any rules that have been promulgated in accordance with section 55.485. ['17, Ord. No. 1269] 55.510 Adoption of unclaimed animals; deposit for sterilization of animal; exception. 1. Animals left unclaimed or unredeemed at the animal services center may be adopted. If the animal to be adopted is to be kept as a pet (as that term is defined in NRS 574.615), the new owner, (as that term is defined in NRS 574.610), must, prior to adopting, sign an adoption contract containing the provisions set forth in NRS 574.645 agreeing to, among other things, sterilization (as that term is defined in NRS 574.625) of the animal, on or before a date certain as Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-37 provided in the contract. 2. Every person seeking to adopt an animal as a pet from the animal services center must, prior to adopting the animal, deposit with the animal services center the current fee to sterilize that type of pet as set by the board of county commissioners which equates to the prevailing cost to sterilize that type of animal. 3. If the animal cannot be sterilized because it is exotic or for another legitimate reason, as determined by a veterinarian, the deposit for sterilization need not be paid. 4. Pursuant to section 55.020, the board of county commissioners may contract for adoption services. In such event, the entity providing the adoption services may establish such procedures for the adoption of animals that are consistent with state law and the terms of any agreement entered into between the county and such entity. ['18, Ord. No. 1269] 55.530 Estrays: Applicability of state law. If any livestock impounded pursuant to this chapter is an estray within the meaning of NRS 569.0075, then the provisions of NRS 569.005 to 569.130, inclusive, take precedence over any provisions of this chapter regarding the impoundment of animals, and take precedence over any rules promulgated or adopted pursuant to section 55.500. ['54, Ord. No. 1207; A Ord. No. 1269] 55.540 Unlawful for livestock to be at large in congested area. It is unlawful for livestock to be at large within any congested area. A violation of this section is committed by the owner or person having custody, control or possession of the livestock. ['55, Ord. No. 1207] 55.550 Impoundment of livestock; notice of impoundment of livestock. 1. An animal control officer or any peace officer may take up and impound livestock found at large within any congested area. 2. When livestock are impounded, notice shall be given to the state department of agriculture as provided in NRS Chapter 569. ['56, Ord. No. 1207] 55.560 Redemption of impounded livestock. The owner or person entitled to the custody or possession of any impounded livestock may, at any time before the sale or other Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-38 disposition thereof, reclaim and redeem such livestock by paying to the animal services center all charges imposed for the impounding of the livestock. ['57, Ord. No. 1207] 55.570 Control of rabies; enforcement by district health officer. Authority for the control of rabies in the enforcement of section 55.580 to 55.645, inclusive, is delegated to the district health officer. ['58, Ord. No. 1207] 55.580 Rabies vaccination of dogs, cats, and ferrets required. 1. An owner of a dog, cat or ferret shall maintain the dog, cat or ferret currently vaccinated against rabies in accordance with the provisions of this section and the recommendations set forth in the then current "Compendium of Animal Rabies Control", published by the National Association of State Public Health Veterinarians, Inc., which is hereby adopted by reference. The publication is available, free of charge, from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9325. Telephone (202) 512-1800. 2. A licensed veterinarian may exempt a dog, cat or ferret from vaccination for health reasons. The veterinarian shall record the reasons for exemption and a specific description of the dog, cat or ferret, including the name, age, sex, breed and color on a certificate which must bear the owner=s name and address. The veterinarian shall record whether the reason for the exemption is permanent, and if not, the date the exemption expires. 3. A dog, cat or ferret that is exempted from or too young for vaccination against rabies must be confined to the premises of the owner or kept under physical restraint by the owner. 4. The owner shall not allow a dog, cat or ferret over 3 months of age to enter this county unless the owner has in his immediate possession written proof that the dog, cat or ferret is currently vaccinated against rabies or has an exemption for health reasons. 5. If the owner of a dog, cat or ferret violates any provision of this section, the dog, cat or ferret may be impounded. ['59, Ord. No. 1207; A Ord. No. 1269] 55.590 Veterinarians: Issuance of certificates of vaccination and rabies vaccination tags; cooperation with Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-39 investigation by rabies control authority. 1. A veterinarian who vaccinates an animal against rabies shall complete three copies of a certificate of vaccination against rabies for the animal vaccinated. The certificate of vaccination against rabies must include, but is not limited to: (a) The name and address of the owner of the animal; (b) A description of the animal, including the name, age, sex, breed, color and weight of the animal; (c) The date the vaccination was administered; (d) The product name of the vaccine used; (e) The lot number of the vaccine; (f) The date the animal is due for re-vaccination based on the duration of immunity provided by the vaccine according to its label; (g) The number on the rabies vaccination tag issued pursuant to subsection 3; (h) The name, address and license number of the veterinarian; and (i) The signature of the veterinarian who administered the vaccine. The signature of the veterinarian may be handwritten, stamped, or produced by a computer. 2. The veterinarian shall: (a) Provide the original copy of the certificate of vaccination to the owner of the animal; (b) Provide a copy of the certificate of vaccination to the rabies control authority; and (c) Retain a copy of the certificate of vaccination for the period that the vaccination is current. 3. A veterinarian who vaccinates an animal against rabies shall issue to the owner a metal rabies vaccination tag, serially numbered to match the number on the certificate of vaccination against rabies. 4. A veterinarian shall cooperate with any investigation of an animal bite, or of a case of rabies or suspected case considered to have rabies by providing all information requested by the rabies control authority. ['60, Ord. No. 1207] 55.600 Vaccination cost. The cost of rabies vaccination shall be borne by the owner of the animal vaccinated. ['61, Ord. No. 1207] 55.610 Quarantine of biting animals; management of animals that have bitten persons; responsibility of owner for cost of quarantine, veterinary care and examination. 1. Except as otherwise provided in subsection 4, the rabies Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-40 control authority shall cause a dog, cat or ferret, regardless of current vaccination against rabies, which has bitten a person, to be quarantined and, for 10 days following the bite, to be observed under the supervision of a licensed veterinarian or any other person designated by the rabies control authority. The dog, cat or ferret must be quarantined within an enclosure or with restraints deemed adequate by the rabies control authority to prevent direct contact with a person or an animal. Alternatively, the animal control officer may take up and impound the animal and place it in quarantine for a period of time recommended by the health authority. 2. The rabies control authority authorizes an animal control officer to approve home quarantine under the following conditions: (a) The owner must show a current rabies vaccination certificate; and (b) The quarantine holding facilities must be approved by the animal control officer. So long as the rabies control authority continues to authorize home quarantine under the conditions listed in (a) and (b) above, an animal control officer may approve home quarantine as provided herein. 3. Nursing female animals or animals under the treatment of a veterinarian may be considered for home quarantine on a case-by-case basis in the absence of a current rabies vaccination. 4. If a dog which has bitten a person is owned by a canine unit of a law enforcement agency or is a guide dog, hearing dog or helping dog, the rabies control authority may waive the requirement that the dog be quarantined if: (a) The bite occurred while the dog was carrying out his normal duties for the law enforcement agency or as a guide dog, hearing dog or helping dog; (b) The dog has been vaccinated against rabies pursuant to section 55.580; and (c) For 10 days following the bite, the dog is observed under the supervision of a licensed veterinarian or any other person designated by the rabies control authority. 5. At the end of the 10-day quarantine period the animal may be released from quarantine under any of the following circumstances: (a) The owner of the animal presents to an animal control officer a written statement, executed by a veterinarian following the end of the quarantine period, that the animal has been examined and found to be free of any signs or symptoms of rabies and that it has been inoculated against Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-41 rabies. (b) The owner of a currently vaccinated animal presents the animal to an animal control officer or other individual designated by the rabies control authority. (c) The animal may be examined at the owner=s residence and released by an animal control officer or other individual designated by the rabies control authority. (d) An unclaimed animal whose owner is unknown, may be released from quarantine by an animal control officer or other individual designated by the rabies control authority. 6. An animal, wild, exotic or domestic, may be destroyed in the process of capture when there is reason to believe that it has bitten a person or has rabies. Animal destruction is authorized hereunder only when circumstances reasonably require such destruction in order to effect capture. 7. A dog, cat or ferret which has bitten a person may be euthanized and tested for rabies without a period of quarantine if: (a) The animal is so ill or so severely injured that it would be inhumane to keep it alive; (b) In the opinion of the health authority or licensed veterinarian, the animal exhibits paralysis or neurological or behavioral symptoms that are consistent with rabies; or (c) The behavior of the animal is so fractious or aggressive that it is not possible for the rabies control authority to manage the animal safely. 8. A dog, cat or ferret that is quarantined pursuant to subsections 1, 2, 3 or 4 must be examined by a licensed veterinarian at the first sign of illness during the 10 days of observation. Any illness must be reported immediately to the rabies control authority. If signs of rabies develop during the 10 days of observation, the dog, cat or ferret must be euthanized and its head removed and shipped under refrigeration (not frozen) for examination at the laboratory of the state department of agriculture. If at the end of the quarantine period, the animal is free of all signs of rabies: (a) The animal must be returned to its owner upon payment of all costs of quarantine and veterinary care and examination; or (b) The animal may be euthanized in a manner prescribed by the rabies control authority if the owner of the animal cannot be located. The head of the animal is not required to be submitted to the laboratory of the state department of agriculture for examination. 9. A bat, raccoon, skunk, or fox which has bitten a person must be euthanized immediately without a period of quarantine and the head submitted for laboratory examination as provided Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-42 in subsection 8 above. 10. Any other species of animal which has bitten a person must be managed as deemed appropriate in the discretion of the rabies control authority. 11. The owner of an animal quarantined pursuant to the provisions of this chapter is responsible for all costs of quarantine and veterinary care and examination. 12. The person responsible for supervising an animal quarantined pursuant to subsection 1 shall not release the animal to any person other than the owner of the animal at the time it was quarantined or a member of the immediate family of that person. ['62, Ord. No. 1207] 55.620 Disposal of captured animals, carcasses of destroyed animals. Where an animal, wild, exotic or domestic, has been destroyed pursuant to section 55.610(6), and except as otherwise provided herein, the district health officer shall make every effort to remove the head intact and deliver it 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. ['63, Ord. No. 1207] 55.630 Quarantine fees. Quarantine fees shall be borne by the owner. Fees for quarantine at public facilities shall be established by the head of that facility. ['64, Ord. No. 1207] 55.640 Management of animals that have been in close contact with animal suspected or known to have rabies; responsibility of owner for costs of quarantine, veterinary care and examination. 1. Except as otherwise provided in this section, a wild or exotic animal suspected or known to have rabies must be euthanized immediately. The rabies control authority may exempt a rare or valuable animal from the provisions of this section. 2. Unless the owner of the animal objects, a dog, cat or ferret which has not been vaccinated pursuant to section 55.580 and which is considered by the rabies control authority to have been in close contact with an animal suspected or known to have rabies must be euthanized immediately. If the owner of the animal objects, the dog, cat or ferret must be quarantined within an enclosure or with restraints deemed adequate by the rabies control authority to prevent direct Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-43 contact with a person or an animal for such period of time as designated in the most current Compendium of Animal Rabies Prevention and Control, and under the supervision of a licensed veterinarian or any other person designated by the rabies control authority. The dog, cat or ferret must be vaccinated 1 month before release. 3. A dog, cat or ferret which has been vaccinated pursuant to section 55.580 and which is considered by the rabies control authority to have been in close contact with an animal suspected or known to have rabies must be: (a) Immediately revaccinated and confined for such period of time as designated in the most current Compendium of Animal Rabies Prevention and Control, in a manner prescribed by the rabies control authority; or (b) Upon the request of the owner of the dog, cat or ferret, euthanized. 4. A domesticated animal of a rabies-susceptible species, other than a dog, cat or ferret, which is considered by the rabies control authority to have been in close contact with an animal suspected or known to have rabies must be managed according to the discretion of the rabies control authority. 5. The owner of an animal confined pursuant to the provisions of this section is responsible for all costs of confinement and veterinary care and examination. 6. As used in this section, "in close contact with an animal suspected or known to have rabies" means, within the past 180 days, to have been bitten, mouthed or mauled by, or closely confined on the same premises with, an animal suspected to have rabies. ['65, Ord. No. 1207; A Ord. No. 1269] 55.645 Prohibited activities involving high risk wild animals; relinquishment; exemptions. 1. Except as otherwise provided in subsection 2: (a) A person shall not intentionally keep, harbor or in any way care for, maintain lodge or feed on private property, a bat, skunk, raccoon, fox or coyote, or any other high-risk transmitters of rabies as defined by the health authority. (b) Any person violating the provisions of paragraph (a) of this subsection shall, upon request of the rabies control authority and the division of wildlife of the state department of conservation and natural resources, relinquish the animal to the rabies control authority or the division of wildlife. 2. The rabies control authority and the division of wildlife may grant to any person an exemption from the provisions of this section. ['66, Ord. No. 1207] Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-44 55.650 Exotic animals; application for permit to keep. 1. It is unlawful for any person to keep any exotic animal within the county without a permit therefor approved by the animal control board. 2. Application to keep an exotic animal must be filed with the county and must: (a) Specify the exotic animal or animals for which the permit is requested; and (b) Be accompanied by construction drawings showing the proposed design and location of the appropriate enclosure required under section 55.680, 55.690, 55.700, 55.710 or 55.720. If the animal or animals are to be kept in an existing enclosure, a detailed drawing of the enclosure must be submitted. All drawings must specify the type and size of the enclosure, the type of material used to construct the enclosure and the location of the enclosure on the premises. 3. Upon receipt of the application, the county will review the drawings of the enclosure and provide for an animal control officer to inspect the premises for which the application for a permit is made to determine that: (a) Keeping the animal or animals at the location specified in the application will not violate any state or local laws or regulations; (b) The enclosure will meet the requirements of section 55.680, 55.690, 55.700, 55.710 or 55.720; (c) Maintenance of the animal or animals will not endanger the peace, health or safety of persons residing in the county; (d) The premises are capable of being maintained in a clean and sanitary condition, and any animal or animals therein will not be subject to neglect, cruelty or abuse; (e) Keeping and maintaining the animal or animals will not constitute a nuisance as defined herein and by state law; and (f) If an exotic animal is to be imported into the county, a copy of the written approval received from the department of wildlife pursuant to NRS 503.597 must accompany the application. 4. Each application shall be accompanied by a nonrefundable fee set by the board of county commissioners. ['67, Ord. No. 1207; A Ord. No. 1269] 55.660 Approval, disapproval of application to keep exotic animal; issuance of permit; appeals. 1. Upon receipt of the completed application and within 10 days following the inspection of the premises, the county will set a date for a hearing before the animal control board. The county will notify any person residing within 200 feet of the Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-45 location at which the exotic animal will be kept or maintained and each person residing on property adjacent to the property for which the permit application has been filed. The notification will indicate the type of animal for which the permit is sought, the address of the applicant, and the date of the hearing. 2. Any person notified pursuant to subsection 1, may file a written objection within 15 days of receipt of the notification. The written objection must be filed with the county. 3. All proceedings of the animal control board shall be conducted in accordance with the provisions of Chapter 241 of the NRS. At the time and place set for the hearing, the animal control board will consider all objections filed and other evidence presented and may approve or prohibit the keeping of the exotic animal. The animal control board shall not approve a permit to keep an exotic animal unless the board can make the findings set forth in section 55.650(3). 4. In taking action at the hearing to approve the permit, the animal control board may impose conditions it deems necessary or advisable to the permit, including, but not limited to at what times and under what conditions the animal may be removed from its enclosure. In considering removal of the animal from its enclosure, the animal control board shall consider, among other things, and in the following order of priority: (a) The effect on public health and safety if such removal is allowed; (b) Whether the need exists for secure restraint of the animal by leash or other device, while the animal is removed from the enclosure; (c) Whether, and by what method, the animal will be transported to other areas within or without the county; and (d) Whether the method of transportation of the animal is adequate to insure public health and safety. Except in cases of emergency wherein the life, health or safety of the exotic animal is threatened or immediate medical treatment is required, the owner thereof shall strictly adhere to each condition imposed by the animal control board pursuant to this section. Failure to do so constitutes cause for immediate suspension and revocation of the permit to keep the animal. 5. If the applicant is required to construct or remodel an enclosure, he must immediately apply to the building department in the jurisdiction where the enclosure is to be located for the appropriate permits. The enclosure must be constructed or remodeled within 60 days of issuance of the Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-46 building permit and in strict compliance with the provisions this chapter, including any conditions imposed by the animal control board. 6. Upon completion of the construction or remodeling of the enclosure, the county shall issue the exotic animal permit. 7. If the animal control board denies the exotic animal permit or the applicant disagrees with a condition of approval of the permit, the applicant may seek judicial review thereof and must file a petition for writ of mandamus within 30 days of the animal control board=s decision at its meeting. 8. As a condition of approval of an exotic animal permit, the permittee agrees to allow an animal control officer to inspect the premises that are the subject of the permit upon reasonable notice at a reasonable time. 9. Except as otherwise provided in this chapter, a permit obtained under this section is valid for as long as the permittee owns the animal; however, when the permittee=s address or the location where the animal is kept changes, the permit automatically becomes void and a new application must be submitted to the county. ['68, Ord. No. 1207] 55.670 Suspension; revocation of exotic animal permit; appeal to animal control board; hearing. 1. The holder of an exotic animal permit is subject to continued compliance with the provisions of sections 55.650 to 55.730, inclusive, and to any conditions imposed on the permit. An exotic animal permit issued under sections 55.650 to 55.730, inclusive, may be suspended or revoked for failure of the permittee to comply with the provisions of sections 55.650 to 55.730, inclusive, or with any condition(s) imposed on the permit. 2. If an animal control officer becomes aware that a permittee in not complying with the provisions of sections 55.650 to 55.730, inclusive, or with any conditions imposed on the permit, the animal control officer may serve notice of suspension or revocation on the permittee. The notice must advise the permittee in writing of the reason or reasons for the suspension or revocation, and the permittee may appeal that decision to the animal control board not later than 14 days after receiving the notice. A failure to appeal the decision of the animal control officer within 14 days constitutes an admission that the decision is well founded and precludes further administrative or judicial review. 3. In cases where an animal control officer believes that the health and safety of the public or the animal is in jeopardy, the animal control officer may take action to Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-47 suspend immediately the permit and take appropriate action to protect the health and safety of the public or the animal, including, but not limited to, the removal of the animal from the premises. 4. Upon an appeal being filed, the animal control board shall, within 30 days, hold a hearing on the appeal. 5. The animal control board may take any testimony and evidence it deems necessary. All proceedings shall be conducted in accordance with the provisions of Chapter 241 of the NRS. 6. The decision of the animal control board sustaining, reversing, or sustaining with conditions the action of the animal control officer shall include findings of fact and be transmitted in writing within 10 working days. 7. The permittee aggrieved by the decision of the animal control board may seek judicial review thereof and must file a petition for writ of mandamus within 30 days of the animal control board=s decision at its meeting. During the course of judicial review, any exotic animal permit shall be continued until a decision is rendered by the district court. 8. If a permit is revoked, the owner of the animal which is the subject of the permit shall transfer ownership of the animal by sale or gift to another person who is capable of compliance with this chapter, or shall remove it from the county. If ownership of the animal is transferred, the transferee shall immediately apply for a permit to be issued not later than 60 days from the date of transfer of ownership. If a permit is not obtained by the end of the 60-day period, the animal shall be removed from the county. ['69, Ord. No. 1207] 55.680 Enclosures for primates; minimum structural requirements. 1. The minimum enclosure and shelter requirements specified in subsections 2 to 8 inclusive, shall be adhered to before a primate may be kept pursuant to a permit issued under the provisions of section 55.660. 2. Enclosures for small size primates, such as marmosets and squirrel monkeys, shall be not less than 3 feet by 4 feet (48 cubic feet) for two or less of such primates. The size of the enclosure shall be increased by not less than 1 foot by 3 feet by 4 feet (12 cubic feet) for each additional small size primate. 3. Enclosures for medium size primates, such as capuchins, shall be not less than 6 feet by 6 feet by 6 feet (216 cubic feet) for two or less of such primates. The size of the enclosure shall be increased by 2 feet by 4 feet by 6 feet (48 Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-48 cubic feet) for each additional medium size primate. 4. Enclosures for large size primates, such as spider monkeys, woolies and macaques, shall be not less than 10 feet by 10 feet by 8 feet (800 cubic feet) for two or less of such primates. The size of the enclosure shall be increased to 10 feet by 20 feet by 8 feet)(1,600 cubic feet) when there are more than two but less than five of such primates. The size of the enclosure shall be increased by 4 feet by 10 feet by 8 feet (320 cubic feet) for each additional large size primate thereafter. 5. Enclosures for large size primates, such as chimpanzees, gorillas, orangutans and gibbons, shall meet zoo specifications unless the animal control board determines, under the circumstances, that other specifications are appropriate. 6. Enclosures for small and medium size primates shall be constructed of not less than 11 gauge chain link or heavy wrapped wire. The floor of such enclosures shall consist of concrete, wood or gravel. All enclosures shall have a secure top. 7. All primates shall have access at all times to an area sheltered from adverse climatic conditions. The sheltered area shall be heated during winter months. 8. The animal control board may require security fencing surrounding any primate enclosure if it determines, under the circumstances, that such fencing is warranted. ['70, Ord. No. 1207] 55.690 Enclosures for felines; minimum structural requirements. 1. The minimum enclosure and shelter requirements specified in subsection 2 to 7 inclusive, shall be adhered to before a feline may be kept pursuant to a permit issued under the provisions of section 55.660. 2. Enclosures for small size felines, such as margays, servals and ocelots, shall be not less than 10 feet by 10 feet by 6 feet (600 cubic feet) for two or less of such felines. The size of the enclosure shall be increased by 6 feet by 6 feet by 6 feet (216 cubic feet) for each additional small size feline. 3. Enclosures for large size felines, such as cougars, leopards and jaguars, shall be not less than 10 feet by 20 feet by 8 feet (1,600 cubic feet) for one of such felines. The size of the enclosure shall be increased to 20 feet by 8 feet (3,200 cubic feet) when there is more than one but less than four of such felines. The size of the enclosure for four or more of such felines shall be established by the animal Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-49 control board on a case-by-case basis. 4. Enclosures for lions shall be not less than 15 feet by 20 feet by 8 feet (2,400 cubic feet) for each lion. No more than one lion may be housed in each enclosure. When more than one lion is kept, each additional enclosure may adjoin the primary enclosure. 5. Enclosures for tigers shall be not less than 15 feet by 20 feet by 10 feet (3,000 cubic feet) for each tiger. No more than one tiger may be housed in each enclosure. When more than one tiger is kept, each additional enclosure may adjoin the primary enclosure. 6. Enclosures for small size felines shall be constructed of not less than 11 gauge chain link or heavy wrapped wire. Enclosures for large size felines shall be constructed of not less than 9 gauge chain link. The floor of all enclosures for felines shall consist of concrete or wood. Gravel or dirt flooring may be used if the enclosure is properly secured against escape by such felines through digging. All enclosures must have a secure top. 7. All felines shall have access at all times to an area sheltered from adverse climatic conditions. 8. The enclosure requirements for felines set forth in subsections 2 to 7, inclusive, may be waived by the animal control board if it finds that the size and disposition of the feline are such that the feline poses no danger to public health and safety. ['71, Ord. No. 1207] 55.700 Enclosures for canines; minimum structural requirements. 1. The minimum enclosure and shelter requirements specified in subsection 2 to 5, inclusive, shall be adhered to before a canine may be kept pursuant to a permit issued under the provisions of section 55.660. 2. Enclosures for canines, such as wolves and coyotes, shall be not less than 10 feet by 20 feet by 6 feet (1,200 cubic feet) for one of such canines. The size of the enclosure shall be increased to 20 feet by 20 feet by 6 feet (2,400 cubic feet) when there is more than one but less than five of such canines. The size of the enclosure for five or more of such canines shall be established by the animal control board on a case-by-case basis. 3. Enclosures for canines shall be construed of not less than 9 gauge chain link. The floor of such enclosures shall consist of concrete or wood. Gravel or dirt flooring may be used if the enclosure is properly secured against escape by such canines through digging. All enclosures shall have a Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-50 secure top. 4. Canines may be kept in areas other than enclosures of the type described in subsections 2 and 3 if approved by the animal control board, however, the area shall be fenced to a height of not less than 6 feet by at least 11 gauge chain link. 5. All canines shall have access at all times to an area sheltered from adverse climatic conditions. ['72, Ord. No. 1207] 55.710 Enclosures for reptiles; minimum structural requirements. 1. The minimum enclosure and shelter requirements specified in subsections 2 to 4, inclusive, shall be adhered to before a reptile may be kept pursuant to a permit issued under the provisions of section 55.660. 2. Enclosures for reptiles shall be of an escape-proof design with sufficient area to insure that the reptile obtains necessary exercise. Enclosures shall be constructed in such a manner as to produce as closely as possible the temperature, humidity and other conditions found in the reptile=s native environment. 3. Enclosures for venomous reptiles shall not be constructed of screen wire unless the wire is at least 2 layers thick with a space of not less than 1 inch between layers. 4. Enclosures for potentially dangerous or venomous reptiles shall have an appropriate warning sign affixed thereto and shall be equipped with a locking device. ['73, Ord. No. 1207] 55.720 Enclosures for bears, hoofed animals, marsupials and raptors; minimum structural requirements. 1. The minimum structural enclosure and shelter requirements specified in subsection 2 and 3 shall be adhered to before a bear, hoofed animal, marsupial or raptor may be kept pursuant to a permit issued under the provisions of section 55.660. 2. The size of enclosures for bears, hoofed animals, marsupials and raptors shall be established by the animal control board on a case-by-case basis. The animal control board may require that the enclosures be at least equal in size to county, state or federal zoo enclosures for such animals. 3. Raptors shall be kept in accordance with all applicable provisions and standards therefor which are found in the falconry regulations (Commission General Regulation No. 15) of Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-51 the board of wildlife commissioners. ['74, Ord. No. 1207] 55.730 Additional standards. Notwithstanding any other provisions of this chapter, the animal control board may require that security fencing and double gates be installed with any enclosure if it determines that such fencing and gates are warranted. ['75, Ord. No. 1207] 55.740 Impoundment of exotic animals. 1. Any exotic animal which is kept by any person in contravention of section 55.650 to 55.730, inclusive, may be taken up and impounded by an animal control officer for the protection of public health and safety as well as for the protection and health of the animal. Whenever possible, the animal control officer shall take up and impound the animal in the presence of the owner. 2. If an animal is impounded pursuant to subsection 1, the owner shall be notified of that fact by the animal control officer either in person or, if the owner is not present when impoundment occurs, by certified mail, return receipt requested. Notification shall be considered completed on the date that the owner of the animal is personally notified, or if notified by certified mail, on the date indicated on the return receipt. Notice of impoundment may be accompanied by notice of immediate suspension and revocation. 3. Any animal impounded pursuant to this section shall be cared for at the expense of the owner for a period of not more than 30 days, or if the animal is being held pending a hearing on revocation of the permit pursuant to section 55.670, until the hearing and any appeal is concluded. 4. At the end of the impoundment period, or sooner if the animal has been abandoned by its owner, the animal may be sold by the county to the highest bidder capable of caring for the animal and all money received from the sale may be applied toward the payment of the expenses of the animal=s impoundment. Each person who bids on the animal shall submit his bid in writing to the county and shall submit an application for a permit to keep the animal pursuant to section 55.650. Application fees shall be refunded to all unsuccessful bidders. If the amount of the highest bid exceeds the expenses of impoundment, the excess shall be refunded to the former owner of the animal if the owner=s identity and whereabouts is known. If the owners= identity or whereabouts is not known, all money received shall be retained Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-52 by the county. 5. If the impounded animal is sold, the county shall notify the buyer of the permit and other requirements of sections 55.650 to 55.730, inclusive, and shall insure that the buyer has complied or is in the process of complying with such requirements before releasing the animal to his custody. 6. If the animal is not sold during the impoundment period, the county shall publish notice in the classified section where animals are advertised of a newspaper of general circulation in the county that the animal is available for purchase at the animal services center. The advertisement shall appear daily in the newspaper for a period of not less than 2 weeks. The county shall sell the animal to the highest bidder capable of caring for the animal at the end of the 2- week period in the same manner prescribed in subsections 4 and 5 hereof. 7. If the county is unable to sell the animal, the animal may be destroyed in a humane manner or the county may give the animal to any person who is capable of caring for the animal and complying with section 55.650 to 55.730, inclusive. ['76, Ord. No. 1207; A Ord. No. 1269] 55.750 Dangerous dog; determination. 1. As used in this section a dog is: (a) "Dangerous" if: (1) It is so declared pursuant to subsections 2 or 3; or (2) Without provocation, on 2 separate occasions within 18 months, it behaves menacingly, to a degree that would lead a reasonable person to defend himself against substantial bodily harm, when the dog is: (i) Off the premises of its owner or keeper; or (ii) Not confined in a cage, pen or vehicle. (b) "Provoked" when it is tormented or subject to pain. (c) "Vicious" if: (1) Without being provoked, it kills or inflicts substantial bodily harm upon a human being; or (2) After its owner or keeper has been notified by a law enforcement agency or animal control officer, it continues the behavior described in paragraph (a). 2. A dog may be declared dangerous by a law enforcement agency if it is used in the commission of a crime by its owner or keeper. 3. Any person who has been attacked by a dog, or an authorized representative of such person, or a person whose domestic animal has been killed or injured without provocation, or any law enforcement officer or animal control officer, may make a complaint before a judge having Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-53 jurisdiction over the matter, charging the owner of such a dog with harboring a dangerous dog or vicious dog. The judge in such action may make a determination that the dog is a dangerous dog or vicious dog based upon evidence of the dog=s history or propensity to attack without provocation as provided herein. 4. A dog may not be found dangerous or vicious because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog. 5. If a judge has made a finding under subsection 3, the judge shall make a report of a determination to an animal control officer. If a law enforcement agency has made the declaration under subsection 2, the agency shall make a report to an animal control officer. 6. Upon receipt of the determination from the judge or declaration from a law enforcement officer that a dog is a dangerous dog, an animal control officer shall notify the owner of the dog that he must comply with the provisions of sections 55.760 ['77, Ord. No. 1207] 55.760 Dangerous dog; registration. 1. The owner of a dog that has been certified to be dangerous pursuant to section 55.750 must: (a) Demonstrate that he has provided a proper enclosure to confine the dog and posted on his premises a clearly visible warning sign (containing letter at least 2 inches high) that there is a dangerous dog on the property. In addition, the owner shall display conspicuously a sign with a warning symbol that informs children of the presence of a dangerous dog. (b) A proper enclosure includes, but is not limited to: (1) 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 the posts supporting the kennel walls have concrete footings not less than 24 inches in depth and the perimeter of the kennel has a concrete footing at least 6 inches wide and not less than 12 inches deep. 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 6 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. The size of such enclosure shall be determined by the Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-54 size of the dog as follows: (i) Small breeds (20 pounds or less): 4 feet in width by 6 feet in length for one dog. An additional 2 feet in width for each additional dog. (ii) Medium breeds (under 40 pounds and over 20 pounds): 6 feet in width by 12 feet in length for one dog. An additional 4 feet in width for each additional dog. (iii) Large breeds (40 pounds or more): 12 feet in width by 18 feet in length for one dog. An additional 6 feet in width for each additional dog. Enclosures of other dimensions may be approved by an animal control officer on a case-by-case basis. 2. The owner of a dangerous dog must: (a) Post a surety bond with the county in an 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 (b) Provide evidence of 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. 3. The owner of the dangerous dog shall also provide a signed statement attesting that the owner: (a) Shall maintain and not voluntarily cancel the liability insurance policy or surety bond required herein during the period covered by the registration unless the owner ceases to own or have custody of the dangerous dog during the registration period; and (b) Shall immediately notify an animal control officer 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 an animal control officer with the name, address and telephone number of the new owner of the dangerous dog. 4. The owner of a dangerous dog shall pay a registration fee for the dog in an amount set by the board of county commissioners. The registration fee shall be in addition to any other fees payable under this chapter. 5. The owner of a dangerous dog shall comply with the provisions of this section within 30 days of receipt of notification of the court=s determination of a dangerous dog. Upon compliance with this section, the county shall issue a certificate of registration to the owner of the dangerous dog. 6. As a condition to the issuance of a certificate of registration for a dangerous dog, the owner of the dog shall Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-55 allow an animal control officer upon the premises where the animal is maintained at any reasonable hour for inspection of such premises. ['78, Ord. No. 1207; A Ord. No. 1269] 55.770 Dangerous dog; unlawful acts. 1. It is unlawful for an owner of a dog determined to be dangerous pursuant to section 55.750, to fail to register the dog in accordance with section 55.760. 2. It is unlawful for an owner of a dog determined to be dangerous pursuant to section 55.750 to permit the dog to be outside the required enclosure unless the dog is under the direct control and supervision of the owner and the dog is muzzled and restrained by a chain having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or license tag, but must prevent the dog from biting any person or animal or from destroying property with its teeth. 3. If a dog determined to be dangerous pursuant to section 55.750, through the intentional, reckless or negligent conduct of the dog=s owner, attacks a person or attacks another domestic animal, said person shall be guilty of a misdemeanor. ['79, Ord. No. 1207] 55.780 Impoundment of dangerous dog. 1. A dangerous dog shall be immediately confiscated and impounded by an animal control officer or law enforcement officer upon the occurrence of any of the following: (a) The dog is not validly registered under section 55.760; (b) The owner of the dangerous dog does not secure and maintain the surety bond or insurance required under section 55.760; (c) The dog is outside of the dwelling of the owner, or outside the proper enclosure and not under the required physical restraint of the owner. 2. If a dog determined to be dangerous pursuant to section 55.750, through the intentional, reckless or negligent conduct of the dog=s owner attacks a person or attacks another domestic animal, and in addition to the criminal penalty provided in section 55.770, the dog shall be immediately confiscated and impounded, placed in quarantine if required for rabies control, and thereafter may be destroyed in an expeditious and humane manner, with the costs of quarantine and destruction to be borne by the dog=s owner. 3. All known incidents of dog attacks in the county shall be reported to the county animal services staff. An animal Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-56 control officer shall conduct an investigation of the incident and take the appropriate steps as provided herein if a dog has been determined to be dangerous. ['80, Ord. No. 1207; A Ord. No. 1269] 55.790 Harboring vicious dog prohibited. 1. A person who knowingly: (a) Owns or keeps a vicious dog, for more than 7 days after he has actual notice that the dog is vicious; or (b) Transfers ownership of a vicious dog after he has actual notice that the dog is vicious, is guilty of a misdemeanor. 2. Upon demand of a peace officer or animal control officer, a vicious dog must be surrendered. ['81, Ord. No. 1207] 55.800 Penalties. 1. Except when a civil penalty is imposed pursuant to NRS 244.359 as provided below, any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $50 or more than $1,000, or by both fine and imprisonment. Failure to appear in the proper court to answer to such misdemeanor citation is a separate offense. 2. Each day that a violation occurs constitutes a separate offense. 3. For any second conviction for violation of the same provision of this chapter, such person violating that provision shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $100 nor more than $1,000, or both fine and imprisonment. 4. In lieu of all or part of the criminal penalty which may be imposed pursuant to this section, the convicted person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed by law. 5. Except as prohibited by NRS 244.359, and in lieu of any criminal penalty which may be imposed for the violation(s) of any ordinance enacted pursuant to NRS 244.359(3), a civil penalty in favor of the county may be imposed in an amount not to exceed $500. In order to impose a civil penalty as authorized by NRS 244.359, a peace officer or an animal control officer shall serve upon a person a "Notice of Civil Penalty" (NCP). The NCP shall contain the information required in WCC 55.800(8) and will be adjudicated in accordance with WCC 55.800(6) through 55.800(16) inclusive. A NCP is a civil infraction in nature and is not to be considered a criminal Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-57 offense for any reason. All civil penalties collected pursuant to WCC 55.800 shall be payable directly to Washoe County and shall be placed in the County's general fund. 6. Violation-Civil Infraction. It is a civil infraction for which a civil penalty may be imposed against an animal owner and in favor of the County, for an animal to be found in violation of any of the animal ordinances which are set forth in WCC 55.010 through 55.800 to the extent allowed by law. 7. Notice of civil penalty. Whenever any animal is found in violation of the animal ordinances which are set forth in WCC 55.010 through 55.800, a NCP may be issued. In lieu of issuing a NCP, a written warning may be served upon the owner of the animal by affixing the warning to the place of residence in a conspicuous place. The written warning shall be imprinted so as to advise the owner that the owner has violated the animal control ordinances, which animal control ordinances the owner violated, but that it carries no civil or criminal penalty. 8. Notice of civil penalty - Form. The NCP authorized by WCC 55.800(5) must be on a form which is provided by Washoe County Regional Animal Services and must contain the following information or as much of the following information as reasonably possible: (a) The name and address of the alleged violator; (b) The location at which the violation occurred together with the date and approximate time of the violation; (c) The description of the animal found in violation of WCC 55.010 through 55.800 together with the section(s) of the Washoe County Code allegedly violated; (d) The name of the peace officer or animal control officer who issues the notice of civil penalty; (e) Information which advises of the manner in which the violation occurred, and the time within which, the NCP should be answered; (f) Information that Washoe County Regional Animal Services Center (WCRASC) is the Washoe County agency where the alleged violator shall appear. The NCP shall also contain the address, telephone number and the hours of operation of WCRASC; (g) The amount of civil penalty imposed together with a statement that the NCP shall not be considered a criminal offense for any purpose and that a person who commits the infraction shall not be arrested as a result; the NCP shall also inform the person served that failure to respond to the NCP within 30 days of the date of issuance shall be deemed an admission of liability and a waiver of any right to a hearing and will result in the imposition of an additional $25.00 Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-58 administrative assessment; (h) The NCP shall also advise the individual that the Washoe County Board of Commissioners authorizes animal services to accept as payment in full for the civil penalty, one half of the authorized penalty indicated on the NCP if the individual pays that amount within 30 days of issuance. 9. Issuance. The notice of civil penalty may be issued by any peace officer or animal control officer. The NCP may be issued by the peace officer or animal control officer based upon a written and signed statement of a complaining party. In such a case, the complaining party must appear at a hearing subsequently scheduled pursuant to WCC 55.800(13) (d) below, to testify. If the complaining party does not appear at the hearing in the case, the NCP will be dismissed and the respondent released from liability. 10. Filing. The notice of civil penalty and/or an electronic facsimile thereof, must be filed with and retained by Washoe County Regional Animal Services and is deemed to be a public record of matters which are observed pursuant to a duty which is imposed by law and is prima facie evidence of the facts which are alleged therein. The notice of civil penalty must be served on the person to whom it is issued as provided in section 55.800(11). 11. Service. The notice of civil penalty may be served upon the owner of the animal by personal service, regular US Postal Service mail to the last known address of the owner, or by affixing the notice to the place of residence in a conspicuous place. Service of the notice of civil penalty by mail or affixation has the same force and effect and is subject to the same penalties for the disregard thereof as if the notice of civil penalty were personally served on the owner. 12. Liability. The owner of an animal is liable for all of the civil penalties which are imposed pursuant to this chapter. The following civil penalties are hereby authorized by the Board of County Commissioners: (a) For the first NCP relating to an ordinance: $100.00 (b) For second or subsequent NCPs issued for the same ordinance, as follows: (1) Second NCP - $200.00 (2) Third or subsequent NCP - $400.00 (c) A peace officer or animal control officer may issue a criminal citation for a fourth or subsequent violation by the owner of the same ordinance within a three year period. 13. Notice of civil penalty-duties of animal owner/respondent. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-59 (a) A person who responds ("the respondent") to a notice of civil penalty must either: (1) "Admit" the commission of the civil infraction and pay the civil penalty imposed on the NCP, or (2) "Deny" liability for the civil penalty. (b) A person may "admit" pursuant to paragraph (1) of subsection (a) of this section by paying the amount of the civil penalty which is appropriate for the violation and which has been approved by the Washoe County Board of Commissioners. (c) A person may "deny" liability pursuant to paragraph (2) of subsection (a) of this section by appearing in person at or by telephone contact to the Washoe County Regional Animal Services Center within 30 days of the date of issuance of the NCP to request a hearing, at which time, a date for a hearing and assignment of a hearing officer on the NCP shall be scheduled. (d) Assignment of the hearing officer to each case will be on a fixed daily rotation basis, but the hearing officer must be chosen from a list of hearing officers approved by the Washoe County Board of Commissioners. Only one hearing officer will be so assigned per day to hear scheduled cases. The assigned hearing officer is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law. At the hearing, the hearing officer shall have the authority to require every witness to declare, under penalty of perjury, that he will testify truthfully, by oath or affirmation, administered by the hearing officer. An affirmation is sufficient if the witness is addressed in the following terms: "Do you solemnly swear or affirm that the evidence you shall give in this matter now pending shall be the truth, the whole truth and nothing but the truth." Assent to this affirmation shall be made by the answer "I do". The hearing officer shall not accept evidence from any party that does not assent to the affirmation. (e) At that hearing, any witness may present relevant evidence regarding the infraction and the issuance of the NCP. If the hearing officer finds that the civil infraction has not occurred or a civil infraction has been committed but the respondent asserts and proves one or more legal defenses to the NCP, the hearing officer may dismiss the NCP and release the owner from liability. (f) If the hearing officer finds that a civil infraction has been committed and no defense exists, the hearing officer may, in the interest of justice and on behalf of the County, enter into an agreement for the timely or periodic payment of the applicable civil penalty. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-60 (g) In a contested hearing, the respondent against whom the hearing officer has entered a finding of liability and has assessed a civil penalty, by default or otherwise, may, if the assessed fine has been paid, seek judicial review thereof by filing a petition for a writ of mandate in the district court within 30 days of the hearing officer's findings. (h) If the person served with a NCP fails to respond as set forth in this subsection, animal services may serve on the violator by mail or by personal service, an overdue notice which shall contain payment instruction including the address to which payments should be mailed or personally delivered. The overdue notice shall also state that payment of the civil penalty in accordance with WCC 55.800(8)(h) is no longer available to the violator and that the entire amount of the civil penalty indicated on the NCP shall be paid. In addition, the overdue notice shall inform the violator that an additional administrative assessment of $25.00 will also be charged. 14. Judicial enforcement. Judicial enforcement of a notice of civil penalty must be by way of civil suit in the appropriate Justice's Court. A certified copy of the notice of civil penalty constitutes a prima facie showing that a civil infraction occurred. 15. Commencement of civil action - Procedure. The civil action authorized in WCC 55.800(14) may be commenced at any time after the expiration of 60 days following the date on which the notice of civil penalty was served pursuant to WCC 55.800(11) or 60 days following the hearing officer's findings, by the filing of a complaint in the name of Washoe County and the issuance of a summons with respect thereto. Service of such complaint and summons on the defendant must be made by certified mail, return receipt requested, addressed to the registered owner of the animal at the owner's last known address, as indicated by any animal identification or in any other manner which is authorized by law. The proceedings in the Justice's Court for actions commenced pursuant this chapter shall be governed by the appropriate Justice Court Rules of Civil Procedure. 16. Time limit. Civil actions pursuant to this chapter may only be commenced within one year after the date on which the civil penalty occurred, and the standard of proof which is applied is the preponderance of the evidence. The County has satisfied its burden of proof if it shows that a civil infraction occurred and that the animal was owned by, registered to, or in the custody of the defendant on the date the NCP was served, unless either of these elements is satisfactorily rebutted by the defendant. The defendant may Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-61 assert and prove defenses as allowed by law and the court may dismiss the notice of civil penalty if it finds that a defense has been proven by the respondent. 17. Administrative Enforcement Authority. In addition to any criminal or civil penalties which are authorized by this chapter, in the sole discretion of Washoe County Regional Animal Services and in lieu of the process contained in WCC 55.800(5) through 55.800(16), any animal control officer is authorized to utilize the administrative enforcement procedures contained within WCC Chapter 125 in appropriate cases. ['82, Ord. No. 1207; A sec. 4, Ord. No. 1460 eff. 4-1-2011] Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-62 [blank page]