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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]
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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
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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
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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
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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
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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
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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
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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.,
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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
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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
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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
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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
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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.
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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
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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
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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
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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]
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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
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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
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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
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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.
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['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
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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.
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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
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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
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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
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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
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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
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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
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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
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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]
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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(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.
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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
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