Sections:

As used in this section:

1.

"Bear-proof collection bin" means a secured container, made of metal or its equivalent, with a locked lid or swinging door on top of the bin or its equivalent that makes the contents of the bin inaccessible to bears.

2.

"Bear-proof container or structure" means any container or structure that as a result of its construction makes the contents of the container or structure inaccessible to bears. A bear-proof container or structure should meet or exceed the standards of testing by the Living with Wildlife Foundation (LWWF) and Interagency Grizzly Bear Committee (IGBC). Wooden trash enclosures and trashcans kept in garages are not acceptable.

3.

"Garbage" means swill, offal, and any accumulation of animal, vegetable or other matter associated with the preparation, handling, consumption, storage or decay of plant and animal matter including meats, fish, fowl, buds, fruits, vegetable or dairy products and the waste wrappers or containers thereof and filthy or odoriferous objects.

4.

"Responsible Party" means a natural person, a lessee or lessor, any form of business or social organization, including, but not limited to, a corporation, partnership, association, trust or unincorporated organization exercising physical control of any private property.

5.

"Enforcement Officer" means any sheriff, deputy sheriff, animal control officer, peace officer, or code enforcement officer.

(Ord. No. 2009-25, § II, 10-15-2009)

The purpose of this ordinance is to stress the importance of handling garbage in such a way that the disposal does not become an attraction for bears, creating a serious public safety issue particularly in residential neighborhoods.

(Ord. No. 2009-25, § III, 10-15-2009)

All responsible parties with two (2) or more violations as defined in section 7.01.050, must, at all times, place garbage in a bear-proof collection bin, container or structure.

(Ord. No. 2009-25, § IV, 10-15-2009)

Each bear-proof collection bin, container or structure must be kept clean inside and out, by the responsible party so that no odor or nuisance is allowed to exist. A cover must not be removed, except when necessary to place or remove garbage inside the bear-proof collection bin, container or structure. The bear-proof collection bin, container or structure must not be overloaded to the extent a cover cannot be securely replaced or the container or structure securely enclosed.

(Ord. No. 2009-25, § V, 10-15-2009)

Enforcement officers are empowered to investigate, prepare, sign and serve written citations on a responsible party or person accused of violating this chapter

(Ord. No. 2009-25, § VI, 10-15-2009)

1.

A responsible party shall not allow a bear to gain access to garbage, or intentionally feed a bear.

2.

It is unlawful for any person to tamper with or disable a bear-proof collection bin, container or structure.

3.

Violations of this chapter will be punished by the following progression of sanctions:

a.

For the first incident, a verbal or written warning will be issued to the responsible party.

b.

For the second incident within two (2) years from receiving a verbal or written first incident, the responsible party will be issued a mandatory court citation or the responsible party can voluntarily purchase or construct a bear-proof collection bin, container or structure and install within ninety (90) days of the incident.

c.

For a successive incident within two (2) years of a second incident, the responsible party will be cited and, if convicted, punished for an infraction with a fine of not less than one hundred dollars ($100.00).

(Ord. No. 2009-25, § VII, 10-15-2009)

If any of the provisions of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not impair the other provisions of this chapter. To this end, the provisions of this chapter are declared to be severable.

(Ord. No. 2009-25, § VIII, 10-15-2009)

1.

Apiary: In accordance with NRS 552.0851, an "apiary" means any hive or other place where bees are kept, located or found, and all appliances used in connection thereof.

2.

Beekeeper: A person who owns or has charge of one (1) or more colonies of bees.

3.

Colony: Shall mean a hive and its equipment and appurtenances, including bees, comb, honey, pollen and brood.

4.

Department: Refers to the Carson City Health and Human Services Department, or any subsequent department deemed responsible by Carson City.

5.

Disease: In accordance with NRS 552.0858, a "disease" means any condition adversely affecting the bees or their brood which could become epidemic.

6.

Enforcement officer: Enforcement/animal services officer or their designee.

7.

Hive: Means a removable frame receptacle or container made or prepared for the use of bees described in NRS 552.086 and NRS 552.230. All other hives shall be deemed unlawful.

(Ord. No. 2012-8, § III, 4-5-2012)

1.

Hives will be allowed on any property, excluding parcels containing a multi-family residential dwelling, that meet the requirements of this section.

2.

A person shall not locate or allow a hive on property owned or occupied by another person without first obtaining written permission from the owner or occupant.

(Ord. No. 2012-8, § IV, 4-5-2012)

1.

Lot less than one-half (0.5) acre: Maximum of two (2) hives.

2.

Lot one-half (0.5) acre and above up to one (1.0) acre: Maximum of five (5) hives.

3.

Lot one (1) acre and above up to five (5) acres: Maximum of ten (10) hives.

4.

Lots above five (5) acres: No restrictions so long as not deemed a nuisance by the department.

5.

A hive shall be placed on property so the general flight pattern of bees is in a direction that will deter bee contact with humans and domesticated animals.

6.

No hive may be within ten (10) feet of any property line.

7.

Hives that are located closer than twenty-five (25) feet from any property line or public right-of-way must have a "flyaway barrier" of at least six (6) feet in height between the hive and such property line.

(Ord. No. 2012-8, § V, 4-5-2012)

1.

A water source must be placed in the immediate vicinity of all hives between April 1 and September 30.

(Ord. No. 2012-8, § VI, 4-5-2012)

Flyaway barrier requirements:

a.

Must surround the hive(s) on any side that is within twenty-five (25) feet of a property line or public right-of-way.

b.

Must be no less than six (6) feet in height.

c.

Must consist of a material impenetrable by bees (wood fencing, dense shrubbery, chain link with slats, etc.).

d.

Must allow at least a four-foot separation from the barrier to the hive entrance to allow for proper movement and landing of the bees.

e.

The location and height of the barriers must comply with applicable zoning and building code requirements.

(Ord. No. 2012-8, § VII, 4-5-2012)

In accordance with NRS 552.260, honey may only be extracted in an area where there is no access by bees before, during, or after the extraction process.

(Ord. No. 2012-8, § VIII, 4-5-2012)

1.

Any hive that has been abandoned by the owner will be considered a public nuisance and must be removed by the owner at the owner's expense in accordance with Title 8Chapter 8.08 of the Carson City Municipal Code.

2.

If the hive is occupied by bees, the owner must make arrangements for the bees to be relocated at his or her expense.

3.

If the hive is occupied by diseased bees, the hive must be destroyed at the owner's expense.

(Ord. No. 2012-8, § IX, 4-5-2012)

In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to re-queen the colony. Queens shall be selected from stock bred for gentleness and non-swarming characteristics.

(Ord. No. 2012-8, § X, 4-5-2012)

1.

If any hive is found to be diseased:

(a)

If the hive and appliances thereof can be treated so as to completely eradicate the disease in question, it shall be done immediately at the owner's expense.

(b)

If the hive is not treatable, the hive and all appliances thereof will be destroyed at the owner's expense in a manner prescribed or deemed reasonable by the department.

2.

If a hive is found to be diseased, the problem must be addressed as determined by the department.

(Ord. No. 2012-8, § XI, 4-5-2012)

1.

Enforcement officers shall have access to all apiaries, appliances, products, structures and premises on which bees are kept and shall have the right to inspect any apiary between the hours of 8:00 a.m. and 5:00 p.m.

2.

Violations to this Code:

a.

Must be corrected by the fourth day after receiving notice of a violation.

b.

If not corrected, the bees will be removed at the owner's expense.

(Ord. No. 2012-8, § XII, 4-5-2012)

If any of the provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not impair the other provisions of this chapter. To this end the provisions of this chapter are declared to be severable.

(Ord. No. 2012-8, § XIII, 4-5-2012)

1.

"Adequate feed" means a quantity of wholesome food suitable for a particular species of animal and its physical condition and age, provided at suitable intervals sufficient to maintain an adequate level of nutrition of the animal, and served in a clean receptacle, dish or container.

2.

"Adequate shelter" means a physical structure or place suitable for maintaining the health and life of an animal and protecting the animal from the weather.

3.

"Adequate water" means a supply of clean, fresh, potable water that is provided for an animal on a basis such that it is available to the animal at all times.

4.

"Animal" means every living creature except humans.

5.

"Animal Services" means the department(s) or organization(s) authorized by direction of or contract with the Carson City Board of Supervisors for the licensing, regulating, policing, enforcing, receiving, impounding, care and disposal of animals that come into the custody of Carson City.

6.

"Animal Services manager" means the person appointed by the city manager to be in charge of Animal Services, officers and personnel employed by Carson City or, alternatively, a society or organization that is under contract with Carson City and in charge of Animal Services and any enforcement personnel sworn pursuant to NRS 574.040.

7.

"Animal Services officer" means any person, including the Animal Services manager or enforcement personnel sworn pursuant to NRS 574.040, who is in Carson City and responsible for the enforcement of this chapter and regulations promulgated hereunder and who is authorized to possess and administer a controlled substance in accordance with federal law and the applicable regulations of the state board of pharmacy as specified in NRS 453.375, and who works at the direction and under the supervision of the health director or a Society under contract with Carson City.

8.

"Bite" means a puncture or tear of the skin inflicted by a tooth or fang of an animal.

9.

"Confined" means a condition whereby an animal is restricted by enclosed lot, leash, cord, cage or container, chain of suitable length or size for the type of animal, electronic or invisible fence, not including the conditions prohibited in subsection 1 of Section 7.13.090, and so placed that the animal has free access to food, water and shelter and further so affixed as to preclude the animal from becoming entangled on any obstruction. The cage, coop, stable, leash, container, cord, chain or fence barrier, electronic or invisible fence, shall be of such size and length to allow the animal to stand upright and lie down, and of such further dimensions as shall be deemed adequate by the Animal Services officer.

10.

"Cruelty or torture" means every act of omission or commission that results in unjustifiable physical pain, suffering or death to any animal.

11.

"Enclosed lot" means a parcel of land or portion thereof around the perimeter of which is a fence or wall adequate to contain the animals kept therein.

12.

"Estray" means any livestock running at large upon public or private lands in the State of Nevada, whose owner is unknown in the section where the animal is found.

13.

"Health director" means the Carson City Health and Human Services Director.

14.

"Humanely destroyed" means that an animal is euthanized using a method that quickly induces loss of consciousness followed by death, while ensuring the death is as free from pain, distress, anxiety, and apprehension as possible.

15.

"Impound" means to take or receive into custody, by the Animal Services officer, any animal for the purpose of confinement at an Animal Services facility consistent with the provisions of this chapter.

16.

"Livestock" means all cattle or animals of the bovine species; all horses, mules, burros and donkeys or animals of the equine species; all swine or animals of the porcine species; all goats or animals of the caprine species; all sheep or animals of the ovine species; and all poultry or domesticated fowl or birds.

17.

"Motor vehicle" means every self-propelled device in, upon, or by which any person or property is or may be transported or drawn upon a road or highway except devices powered by human power or used exclusively upon stationary rails or tracks.

18.

"Owner" means any person owning, keeping, possessing, harboring, or having the care, custody or control of any animal, or allowing any animal to be or remain on, or be lodged or fed within such person's house, yard or premises or furnishing a medical certificate, bill of sale, or other indicia of ownership or possession.

19.

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

20.

"Provocation" is when a dog is tormented or subjected to pain.

21.

"Rabies control authority" means the person designated by the Carson City Board of Supervisors to administer a rabies control program.

22.

"Rabies vaccination" 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 prepared by the National Association of State Public Health Veterinarians. Such vaccination must be performed by a licensed veterinarian.

23.

"Sheriff" means the Sheriff of Carson City, his or her deputies or any person designated by the sheriff to act herein.

24.

"Society" means a society for prevention of cruelty to animals incorporated in compliance with Nevada Revised Statutes Chapter 574.

25.

"Stray animal" means any domestic animal at large, excluding livestock, whose owner is unknown, who has no owner, or no apparent home.

26.

"Substantial bodily harm" has the meaning ascribed to it in NRS 0.060.

27.

"Vaccine" means any preparation intended for active immunologic prophylaxis.

28.

"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.

29.

"Wildlife" means any animal found naturally in the wild state, whether indigenous to the State of Nevada or not and whether raised in captivity or not.

(Ord. No. 2013-15, § II, 5-16-2013; Ord. No. 2013-30, § I, 12-5-2013; Ord. No. 2014-13, § I, 9-18-2014; Ord. No. 2017-7, § I, 4-20-2017)

1.

There is established Carson City Animal Services which is and shall be maintained in such place or places as provided for by the board of supervisors. The operation, direction, supervision and necessary control of Carson City Animal Services shall be duties delegated by or contracted for by the board of supervisors. Carson City Animal Services has the powers set forth in subsections 2 to 12, inclusive.

2.

To enforce all provisions of this chapter and all laws of the State of Nevada relating to the licensing, permitting, control, care, treatment, impoundment, confinement, maintenance, safekeeping, identification and destruction of animals; except wildlife.

3.

To keep records, accounts, receipts, and reports in accordance with provisions of this chapter and the laws of the State of Nevada.

4.

To receive and respond to complaints or violations of this chapter or the laws of the State of Nevada per applicable sections of the NRS, and prepare, sign and serve written citations to persons violating the provisions of this chapter or applicable laws of the State of Nevada.

5.

To collect from the public any costs, charges, or fees necessary to perform the requirements of this chapter pursuant to a fee schedule, or contract with a society, approved by the board of supervisors.

6.

To seize, impound or take custody of animals found to be in violation of the provisions of this chapter or the laws of the State of Nevada.

7.

In accordance with the provisions of this Chapter of the Code, to destroy in a humane manner, any animal lawfully seized, or impounded which is determined to be by reason of abandonment, injury, disease or other cause, unfit for further use, or which is determined by a municipal court judge or a court of competent jurisdiction to be dangerous, vicious or a clear threat to human life or public safety. In the event that an animal has bitten a person and the animal is a dog, cat or ferret, Animal Services must observe the protocol for quarantining the animal that is set forth in NAC 441A.425.

8.

To destroy in a humane manner, at the owner's expense, an animal whose owner relinquishes the animal to Animal Services if, after conducting an evaluation, Animal Services determines that the destruction is the most humane action for the animal because the animal is unhealthy or untreatable.

9.

To determine the adoptability of any animal that is seized, impounded or that comes into the custody of Animal Services after a five-day holding period.

10.

To vaccinate, microchip, and offer for adoption unclaimed or unredeemed animals as deemed appropriate.

11.

To provide chargeable services such as microchipping, vaccines, rabies vaccinations, euthanasia, and disposal.

12.

To maintain, operate, and collect fees/charges associated with the pet cemetery.

(Ord. No. 2013-15, § III, 5-16-2013; Ord. No. 2013-30, § II, 12-5-2013; Ord. No. 2014-13, § II, 9-18-2014; Ord. No. 2017-7, § II, 4-20-2017)

1.

It is the duty of the Carson City Sheriff and his/her deputies, while on duty, to assist when needed in carrying out the provisions of this chapter including locating, impounding, documenting and reporting violations of this chapter.

2.

It is unlawful for any person to resist, obstruct or interfere with an Animal Services officer, Animal Services manager, health director, or the Carson City Sheriff/Deputies, while engaged in the performance of their duties as imposed by this chapter.

3.

The Animal Services officer, Animal Services manager, health director or the Carson City Sheriff/Deputies, for probable cause, shall have the right to enter upon any private or public property in Carson City in order to examine or impound any animal thereon or therein; provided, however, that such person shall not have the right to enter a house or structure which is in use as a residence without having first secured a search warrant.

4.

The Animal Services officers shall have the authority to utilize a tranquilizer gun or any other device or substance on an emergency basis, with the permission of the health director, to apprehend, capture, impound, control or subdue any animal considered to be a threat to persons or property.

5.

The Animal Services officers or the Carson City Sheriff/Deputies or the employees of the Carson City fire department may break and enter any motor vehicle, if necessary, to remove and impound any animal endangered by extreme heat, cold, or under any such conditions affecting the health or well being of such animal due to heat, cold, lack of food, water, or such other circumstances as may reasonably be expected to cause suffering, disability or death to the animal. In addition, a private person may exercise the authority described in this subsection if the private person has a good faith belief that, without taking such action, an animal trapped in a motor vehicle is at imminent risk of death. An officer, employee or private person is immune from civil liability for any damage caused in taking an action authorized by this subsection.

(Ord. No. 2013-15, § IV, 5-16-2013; Ord. No. 2017-7, § III, 4-20-2017)

Editor's note— Ord. No. 2014-13, § III, adopted September 18, 2014, repealed § 7.13.040, which pertained to collections/disbursements/fee schedule and derived from Ord. No. 2013-15, § V, 5-16-2013.

1.

No person shall keep more than three (3) dogs over six (6) months of age or three (3) cats over six (6) months of age, at any place, or on any premises, or in any one (1) residence without first obtaining a permit to have more than the allowed number of animals from Animal Services.

2.

With respect to animals used for formal educational purposes, organizations such as 4H or Future Farmers of America, may apply for permits to have livestock on residential lots.

3.

Animals used in law enforcement are exempt from the permits described in subsection 1.

4.

No person shall keep any livestock or farm animals except as provided below:

a.

Horses, swine, fowl, sheep or other animals of a similar nature shall not be maintained on any lot or parcel other than a lot or parcel zoned agriculture (A), conservation reserve (CR), single-family one-acre (SF1A), single-family two-acre (SF2A) or single-family five-acre (SF5A).

b.

On residentially zoned properties requiring less than one (1) acre in land area, a maximum of two (2) rabbits, two (2) potbelly pigs that weigh less than one hundred fifty (150) pounds each and four (4) female chickens or female ducks may be kept. The keeping or raising of livestock and other farm animals as allowable under this section shall be permitted in accordance with the table of animal units and density standards described as follows:

Livestock and farm animal numbers will be established at the density of one (1) animal unit for each seven thousand (7,000) square feet of lot area. All fractional densities are to be rounded down to the nearest whole number. For example: On a one (1) acre parcel (forty-three thousand five hundred sixty (43,560) square feet), six (6) A.U.E's would be allowed. For every residential parcel larger than one (1) acre and zoned single-family two-acre (SF2A) or single-family five-acre (SF5A), only two (2) A.U.E's may be added per additional acre up to five (5) acres.

Calculations for allowable animals may be combined to total an allowable animal unit density. For example: On a one (1) acre parcel where six (6) animal units are allowed, 3 horses (3×1.00) = 3.00 A.U.E + 4 sheep (4×0.50) = 2.00 A.U.E + 5 chickens (5×0.20) = 1.00 A.U.E, for a total of 6.00 animal unit density.

No person shall keep more than the allowable livestock or farm animals on any premises, or on any one (1) property without first obtaining a permit to have more than the allowed number of animals from Animal Services.

5.

Every person must possess a current license for every dog he/she owns, keeps, harbors or possesses. The owner of any dog over the age of three (3) months shall maintain a current and valid license issued by Animal Services.

6.

Every owner shall securely fasten about the neck of a dog he or she owns: a collar with the license attached thereto. If such dog cannot wear a collar, it shall be implanted with a microchip. It is unlawful for any person to remove any license from any dog not owned by him/her, or to place on any dog a counterfeit, imitation, or altered license.

7.

It shall be the duty of the owner of any dog to procure a replacement license and pay the replacement license fee if such license is lost.

8.

Every person applying for or renewing a license must exhibit a current certificate of rabies vaccination, as required by state law, if applicable, and issued by a licensed veterinarian.

9.

Animal Services may, upon acquiring ownership of any animal, humanely destroy said animal or adopt such animal.

10.

Every person seeking to adopt an animal from Animal Services shall sign an adoption contract containing the provisions set forth in NRS 574.645.

(Ord. No. 2013-15, § VI, 5-16-2013; Ord. No. 2013-30, § III, 12-5-2013; Ord. No. 2017-7, § IV, 4-20-2017)

1.

The rabies control authority is designated as the county health officer or his/her designee in accordance with NAC 441A.410(1). The rabies control authority is responsible to administer the rabies control program.

2.

An owner of any dog, cat or ferret shall maintain such animal currently vaccinated against rabies in accordance with the provisions of this section and the recommendation set forth in the current "Compendium of Animal Rabies Prevention and Control" published by the National Association of State Public Health Veterinarians, Inc., which is hereby adopted by reference.

3.

Any owner of a dog, cat or ferret over the age of three (3) months shall cause such animal to be vaccinated with rabies vaccine.

4.

Any owner of a dog, cat or ferret that has been impounded shall provide Animal Services with a current certificate of rabies vaccination and pay any fees due, prior to reclaiming custody of said animal.

5.

Animal Services may administer vaccinations for any animal impounded at Animal Services. All fees for vaccinations shall be paid by the owner or owner's representative prior to reclaiming custody of the animal.

6.

Animal Services, on advice from a licensed veterinarian, may exempt any animal from alteration or vaccination requirements.

7.

Every veterinarian who vaccinates an animal with rabies vaccine shall issue the owner a certificate of rabies vaccination in accordance with NAC 441A.440, and shall provide a copy of said certificate to the health director.

8.

Animal Services shall investigate all reports of an animal bite in accordance with all applicable sections of the NAC 441A.410 to 441A.430, inclusive, and the current Compendium of Animal Rabies Prevention Control. The duties set forth in this subsection include observing the protocol for quarantining certain animals that is set forth in NAC 441A.425.

(Ord. No. 2013-15, § VII, 5-16-2013; Ord. No. 2013-30, § IV, 12-5-2013; Ord. No. 2017-7, § V, 4-20-2017)

1.

Every stray animal impounded shall be held by Animal Services for a minimum of five (5) days. If within the five (5) days an owner comes forth, provides proof of current rabies vaccine (if applicable) a current license (if applicable), a reclaim fee, a boarding fee (if applicable), and any other vaccination fee, such animal shall be released to its owner. The fees in this section may be waived by Carson City Animal Services for good cause shown.

2.

After five (5) days, for any stray animal that has not had an identified owner come forth to claim an ownership right in such animal, it will become the property of Carson City Animal Services. If an owner has asserted ownership rights to a stray animal, but has failed to claim their animal after five (5) days have elapsed, the animal will be kept for up to five (5) additional days as a possibly abandoned animal as provided in subsection 7. After five (5) days, the stray animal will become the property of Animal Services.

3.

Any stray shall be impounded at Animal Services in a manner substantially similar to the manner set forth for estray and feral livestock, as set forth in NRS 569.005 to 569.130, inclusive.

4.

Impound fees shall be increased for each additional impoundment of an animal and a boarding fee shall be assessed for each day over twenty-four (24) hours from the time of impound.

5.

At the owner's expense, any dog or cat impounded for the first time shall be required to be implanted with a microchip prior to release.

6.

Any animal impounded at Animal Services that is suspected of having or having been exposed to rabies or showing any other signs of disease shall be held for inspection by a certified veterinarian at the owner's expense.

7.

Any animal impounded as a result of the owner's arrest, hospitalization, protective shelter, death, or possible abandonment shall be kept under protective custody. Animal Services will board such animal for up to ten (10) days at the owner's expense. At the time of impound, written notice shall be posted upon the property from which the animal was taken or served upon the owner. If such animal is not reclaimed within ten (10) days of date and time of impound, Animal Services shall have legal ownership of such animal.

(Ord. No. 2013-15, § VIII, 5-16-2013; Ord. No. 2013-30, § V, 12-5-2013; Ord. No. 2017-7, § VI, 4-20-2017)

1.

Duty to restrain: Every person, who is the owner of, or has the care, custody or control of any dog shall keep such dog properly restrained by leash, chain, cord or effective restraint as demonstrated by signal or voice command when not confined to the property on which it is kept. The prohibition set forth in this subsection does not apply on public property that is designated and legally posted to allow dogs unrestrained.

2.

Duty to provide food and water: It is the responsibility of the owner of any animal to provide and maintain adequate food and water for the animal. It is the responsibility of the owner of any animal to provide adequate shelter for the animal although exceptions may apply for livestock.

3.

Duty to dispose of animal's solid waste: It shall be unlawful for any owner or person having custody or control of any animal to allow any animal to excrete any solid waste upon any sidewalk, street, park, or private property, without promptly removing and properly disposing of such waste.

4.

Prohibition against causing offensive conditions: No person shall keep, maintain, possess or allow on any property, animals in such a manner as to cause damage, hazards, offensive noise, dust, odor, waste, or any other offensive condition.

5.

Duty to arrange for medical care and report results that are positive for the rabies virus: Any person owning, possessing or having custody or control of any animal, after observing or learning of such animal having any disease, injury, or health issue, shall immediately notify a veterinarian for an examination of such animal at the owner's expense. Such owner shall immediately notify Animal Services if such examination result is positive for rabies virus.

(Ord. No. 2013-15, § IX, 5-16-2013; Ord. No. 2017-7, § VII, 4-20-2017)

1.

It shall be unlawful for any owner or person having custody or control of any dog to use a tether, chain, tie, trolley or pulley system or any other device to restrain such animal on any property that is less than twelve (12) feet in length, fails to allow such animal to move at least twelve (12) feet, allows such animal to reach a fence or object which could endanger such animal in any way or by entanglement or strangulation, or to use a prong, pinch, or choke collar with such constraint for more than fourteen (14) hours in a twenty-four (24) hour period.

2.

With respect to any animal, it shall be unlawful for any person to torture, inflict physical pain or harm upon in the course of any ritual, kill in an inhumane method, or engage in any sexual conduct or contact with that animal.

3.

It shall be unlawful for any person to overdrive, overload, cruelly beat, injure, maim, mutilate, kill or willfully instigate, engage in, or in any way further an act of cruelty to any animal, or any act to produce such cruelty, whether said person is the owner or not and regardless of whether the act occurs on private or public property.

4.

It shall be unlawful to deprive any animal of necessary sustenance, food, drink, or shelter, or expose the animal to the elements of the weather and to the extremes of heat or cold under such circumstance as may reasonably be expected to cause suffering, harm, disability or death to such animal.

5.

It shall be unlawful for any owner or person having custody or control of an animal to refuse to obtain veterinary medical care for the animal if the animal suffers from illness, injury, disease or infirmity.

6.

It shall be unlawful for any person to overcrowd any animal in any crate, box, enclosure, or other receptacle.

7.

It shall be unlawful for any person owning, possessing or having the care, custody or control of any animal, living or dead, to abandon such animal on any property whether private or public. An animal is considered abandoned when not claimed on or by a specified date after having been impounded, boarded, groomed, trained, handled or cared for by any person. For the purposes of this subsection, "abandonment" does not include the private burial of a dead animal on its owner's property or a property designated for the burial of animals.

8

. It shall be unlawful for any person to willfully throw, drop or place any glass, nails, metal or any other substance or device on any property, private or public, if such an act is calculated to wound, disable or injure any animal.

9.

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

10.

It shall be unlawful for any person to place, confine or allow to remain, any animal in a motor vehicle during periods of extreme heat or cold or any conditions for such period of time as may endanger the health of such animal due to heat, cold, lack of water or food or any other circumstance as may reasonably be expected to cause suffering, harm, disability or death to such animal.

11.

It shall be unlawful for any person selling an animal to dye or color any animal with the intent to defraud another.

12.

It shall be unlawful for any person to own, keep, use, or be in any manner connected with or financially interested in, the management of, or to wager on or receive money or other things of value for the admission of any person to public or private property or place used or occupied for baiting or fighting of any animal; or to instigate, promote, arrange, or carry on, or do any act as an assistant, umpire, principal, spectator or otherwise, a fight between animals, or in aid of or calculated to encourage or further any fight between animals.

13.

It shall be unlawful for any person not engaged in training a dog for field trial or hunting, a club, staging a field trial or training class, to fire upon any animal or otherwise use any type of weapon against any animal, unless hunting pursuant to authority granted from the U.S. Government or the State of Nevada.

14.

Any person, who intends to trap any wildlife on private or public property, shall notify the Nevada Department of Wildlife in accordance with title 45 of NRS.

15.

Any person, who intends to trap any dog or cat on private property within the Carson City limits shall notify Animal Services prior to such trapping.

(Ord. No. 2013-15, § X, 5-16-2013; Ord. No. 2017-7, § VIII, 4-20-2017)

1.

For the purposes of this section, a municipal court judge or a court of competent jurisdiction may make a finding that a dog is:

(a)

"Dangerous" if, without provocation, on two separate occasions within eighteen (18) months, it behaved menacingly, to a degree that would lead a reasonable person or another domestic animal to defend himself, herself or itself, as applicable, against substantial bodily harm, when the dog was:

(1)

Off the premises of its owner or keeper; or

(2)

Not confined in a cage, pen or vehicle.

(b)

"Vicious" if:

(1)

Without provocation, it killed or inflicted substantial bodily harm upon a human being;

(2)

Without provocation, it killed or inflicted substantial bodily harm upon another domestic animal; or

(3)

After its owner or keeper has notice that the dog has been declared dangerous, the dog continued the behavior described in paragraph (a) in such a manner as to threaten substantial bodily harm to a human being or another domestic animal.

2.

A law enforcement agency may declare a dog to be dangerous if it is used in the commission of a crime by its owner or keeper.

3.

If an Animal Services officer receives a report from a health care professional, the Carson City Sheriff's Office or the Nevada Highway Patrol that a dog, without provocation, has bitten a person or caused substantial bodily harm to a person while the dog is in its own home, the Animal Services officer has a duty to petition a municipal court judge or a court of competent jurisdiction for a hearing to make a finding as to whether the dog is dangerous or vicious.

4.

If a law enforcement agency declares a dog to be dangerous pursuant to subsection 2 or a municipal court judge or a court of competent jurisdiction makes a finding that a dog is dangerous or vicious pursuant to subsection 1 or 3, the agency or court shall, within ten (10) calendar days, communicate that declaration or finding, in writing, to Carson City Animal Services or the applicable organization on contract to perform Animal Services for Carson City. Animal Services shall maintain a record of the declaration or finding, as applicable, for not less than five (5) years.

5.

A dog may not be found dangerous or vicious:

(a)

Based solely on the breed of the dog; or

(b)

Because of a defensive act against a person who was committing or attempting to commit a crime or who subjected the dog to provocation.

6.

A person is guilty of a misdemeanor if the person knowingly commits any of the following acts:

(a)

Owns or keeps a vicious dog for more than three (3) days after the person has actual notice that the dog is vicious.

(b)

Transfers ownership of a vicious dog to another person after the person has actual notice that the dog is vicious,

(c)

Fails to transfer possession of a vicious dog to Animal Services within three (3) days after the person has actual notice that the dog is vicious.

7.

If substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper is guilty of a category D felony and shall be punished as provided in NRS 193.130. In lieu of, or in addition to, a penalty provided in this subsection, the judge may order the vicious dog to be humanely destroyed as described in Section 7.13.106 of this Chapter of the Code. However, if the dog has bitten a person, the dog must not be destroyed without observing the protocol for quarantining the dog that is set forth in NAC 441A.425.

8.

This section does not apply to a dog used by a law enforcement officer in the performance of his or her duty.

9.

As used in this section, "health care professional" has the meaning ascribed to it in NRS 629.076.

(Ord. No. 2013-15, § XI, 5-16-2013; Ord. No. 2017-7, § IX, 4-20-2017)

1.

The owner or keeper of a dog who disagrees with the decision of a finding that the dog is dangerous may appeal from the finding that the dog is dangerous to the district court at any time within ten (10) days after the date on which the decision was made. The owner or keeper of a dog declared to be vicious may seek judicial review with the district court by filing a notice of appeal within three (3) days after the date on which the decision was made.

2.

If an appeal is sought pursuant to a finding that a dog is vicious, the owner must still relinquish custody of the dog to Animal Services within three (3) days, and provide notice to Animal Services that the decision is being appealed. Animal Services shall not destroy the dog during this time, but will retain custody of the dog until a final decision is made. Furthermore, if the dog has bitten a person, Animal Services must observe the protocol for quarantining the dog that is set forth in NAC 441A.425.

3.

The standard of review for an appeal conducted pursuant to this section is an abuse of discretion standard.

(Ord. No. 2017-7, § X, 4-20-2017)

1.

It shall be unlawful for any person to display for sale, offer to sell, barter, give away or otherwise dispose of any animal on or within any street, sidewalk, public building, public park, or any public place or commercial establishment. This subsection does not apply to individuals or businesses licensed to sell animals, provided that the individuals or businesses are selling the animals at the storefront location ordinarily used for such business activity or at a location in which they are otherwise licensed to conduct such business activity.

2.

It shall be unlawful for any person to steal, relocate or dispose of any animal belonging to another person.

3.

It shall be unlawful for any person finding any dog or cat to refuse to contact Animal Services and to relinquish such animal to Animal Services if requested to do so by Animal Services.

(Ord. No. 2013-15, § XII, 5-16-2013; Ord. No. 2017-7, § XI, 4-20-2017)

1.

Any person found guilty of a misdemeanor for a violation of any provision of this chapter shall be punished by confinement in the Carson City jail for a period not to exceed six months, or by a fine that is at least two hundred fifty dollars ($250.00) but not more than one thousand dollars ($1,000.00), or by both fine and imprisonment. In accordance with NRS 244.359, an ordinance enacted pursuant to this title that creates an offense relating to bites of animals, vicious or dangerous animals or cruelty to animals must impose a criminal penalty for the offense.

2.

In addition to any other penalty for violations of the provisions of this chapter, if in a judge's discretion the judge makes a finding that a dog poses a threat to public safety because the dog is vicious, the judge may order the animal to be humanely destroyed.

(Ord. No. 2013-15, § XII, 5-16-2013; Ord. No. 2017-7, § XII, 4-20-2017)

1.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this chapter or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The Board of Supervisors of Carson City hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more section, subsections, subdivisions, paragraphs, sentences, clauses or phrased be declared unconstitutional, invalid or ineffective.

2.

All ordinances or parts of ordinances, sections in the Carson City Municipal Code in conflict herewith are hereby repealed

(Ord. No. 2013-15, § XIV, 5-16-2013)