Washoe County’s Regional Animal Services is proposing changes to existing county ordinances that define the way staff ensures public safety and animal protection in our community. And, we’d like to have a virtual community conversation with you about these changes! Below you will find some FAQs about these changes, the proposed ordinance changes, and how you can join a virtual community conversation about them.
Washoe County’s Regional Animal Services is proposing changes to the existing county ordinances that define the way staff ensures public safety and animal protection in our community. Below is some information about the proposed changes, along with information about how you can give us your input. Please take advantage of one of the ways you can let us know what you think—we want to hear from you!
Why are you proposing changes? The existing ordinances were last updated in 2005 and do not give our animal services staff full authority to perform all of the duties they are responsible for, which is to provide for public safety and animal protection within our community.
Why are the changes necessary? These ordinance changes will allow county staff to support our community’s goal of being a pet-friendly community. We are very proud of the fact that we have one of the highest save rates in the country for pets that come into our facility. This is due in large part to the partnerships we have with animal advocate organizations such as the Nevada Humane Society and individual citizens. These ordinance changes will allow us to do even more in this area.
What are the highlights of the changes? There are several, but in general, there are twelve major categories that are affected by these changes. Below is a listing of them, along with a brief explanation of each.
Dangerous Dog
Increases the insurance/bond requirements for dogs declared dangerous ($50,000 to $250,000); requires the County be listed as an additional interest on the insurance/bond so that the County is notified in the event in a lapse in coverage; will allow a Hearing Officer to conduct a dangerous dog hearing as opposed to the courts; requires secure containment of the dog pending the dangerous dog determination; requires microchip identification.
Exotic Animal Permit
More accurately defines those animals that would pose a safety threat to the public. Prohibits owning primates; except for existing permit holders and for service animals qualifying under the Americans with Disabilities Act.
Dog Variance Permit
This permit provides a quicker and less resource intensive process than the existing Kennel Permit process for residents with 4 or 5 dogs. Requirements include: not more than one dog related violation in the past year; all dogs must be spayed/neutered; all dogs must have microchip identification; and the property would still have to be inspected. Any violations of the Dog Variance Permit would result in a revocation of the permit and the dog owner would have to go before the Animal Control Board to request reinstatement. Note: This also promotes spaying/neutering and microchipping of pets.
Kennel and Cattery Permit
Requires the applicant provide proof that a permit would not violate any covenants pertaining to the property. Requires applicants for a cattery permit to meet standards similar to those recommended by the Cat Fancier Association. Extends permit requirement to include the entire designated animal congested areas of the county; currently a permit is only required in the incorporated areas.
Animal Control Officer Powers and Duties
Clarifies an officer’s authority regarding the issuing of warnings, notices of civil penalty and citations. Also limits animal services authority regarding the euthanasia of animals; animals requested by a bona fide releasing agency, and removed from the Center within 24 hours, will not be euthanized except for public safety reasons.
Found Animals
Requires that a person notify animal services when they find an animal; they can’t just keep it or give it to someone else.
Animal Cruelty
Prohibits horse tripping (i.e. intentionally causing a horse to fall for sport or entertainment).
Tethering
Expanded restrictions against tethering (chaining) of dogs to any public property (parks, sidewalk areas, etc.). Currently tethering is only restricted on gaming or other retail property.
Dog Licensing
Modified to permit greater flexibility in licensing durations (i.e. 3yr, lifetime), as the BCC may approve in the future via the fee schedule, and to simplify the online application and renewal process for citizens.
Redemption of Impounded Animals
Requires that an impounded dog or cat have a microchip identification implanted at the time of redemption (current fee $12). This will help an officer return the animal to its owners should it be found at-large in the future.
Definitions and Miscellaneous Modifications
A number of definitions added; clarifications and other minor legal modifications also made.
Civil Penalty
Nevada Revised Statutes permits civil penalties in lieu of criminal penalties for many violations of animal regulations. Washoe County recently passed a similar civil process for zoning, health, and development code violations and these proposed amendments will allow a similar civil process for most animal code violations. While the recently adopted administrative process works well for static conditions (junk cars, weeds, etc.), it does not work well for dynamic activities (barking dogs, dogs at large, exotic animal, etc.) because of the required 30-day notice to correct. The violation may involve a safety concern that needs to be corrected immediately. The proposed amendments will authorize an officer to immediately issue a Notice of Civil Penalty (NCP), when appropriate. It gives the citizen who receives an NCP the option to pay one-half the penalty amount if paid within 30-days from the date of issuance, which is similar to the federal civil penalty process. Alternatively the party may opt for an administrative hearing which would utilize the same Hearing Officers recently approved by the BCC.
A complete legal draft of the proposed revisions may be found on our website at www.washoecounty.us/animal.
What’s the next step? Comment On-Line. Beginning on January 10, 2011 you can visit our website at www.washoecounty.us and use our “Washoe County Listens” on-line feature which allows you to post your comment on proposed ordinance changes, as well as read what your fellow citizens think about it. Washoe County’s Animal Services staff will read each of your comments and may make ordinance revisions prior to the February 8, 2011 meeting and/or provide the County Commission with a summary of those comments.
Regional Animal Services Center Open-House. You can also give us your thoughts on the proposed ordinance as well as any facet of the regional animal services we provide by joining us for an Open House hosted by Washoe County and the Nevada Humane Society on Saturday, January 22, 2011 from 10 a.m. to 1 p.m. at our facility on Longley Lane. We’ll offer tours of the building and show you how we are using technology to enable owners to claim their lost pets, 7 days a week, including holidays. And, of course, the Nevada Humane Society will have animals available for adoption. For more information, visit our website at www.washoecounty.us/animal or call (775)353-8900.
How else can I give my input? If you can’t attend the two scheduled public meetings, you are welcome to give your input in other ways. The ordinance must be heard at two public hearings. The first will be at the Washoe County Commission meeting on February 8, 2011 and the second reading, with possible adoption, will be on February 22, 2011. Citizens are welcome to attend either of those hearings to express their opinions at that time. Please visit our website at www.washoecounty.us/bcc to view the agendas for those meetings.
SUMMARY: An ordinance amending the Washoe County Code by repealing, enacting and revising sections of Chapter 55 relating to animals and fowl and regarding animal control in Washoe County
BILL NO. ______
ORDINANCE NO. ______
AN ORDINANCE AMENDING THE WASHOE COUNTY CODE BY REPEALING CERTAIN SECTIONS OF CHAPTER 55 RELATING TO RIDING A HORSE WHILE INTOXICATED, KEEPING A NOISY ANIMAL, ABANDONING INJURED ANIMALS AND IMPOUNDING UNSPAYED PETS; BY ENACTING PROVISIONS REGARDING ANIMAL CONTROL IN WASHOE COUNTY, INCLUDING ESTABLISHING VARIENCE PERMITS, PROHIBITING THE KEEPING OF PRIMATES, RECOGNIZING COVENANTS, CONDITIONS AND RESTRICTIONS AND HOMEOWNERS’ ASSOCIATION RULES IN THE PERMIT PROCESS AND ESTABLISHING POTENTIALLY DANGEROUS DOG PROVISIONS AND BY REVISING PROVISIONS TO THE AUTHORITY OF ANIMAL CONTROL OFFICERS; BY AMENDING THE PROVISIONS RELATING TO CRUELTY TO ANIMALS AND OTHER PROVISIONS REGARDING THE CONTROL AND PROTECTION OF ANIMALS, AMENDING CERTAIN FEES FOR THE KEEPING OF DOGS AND CATS IN CONGESTED AREAS, AMENDING PROCEDURES IN MAKING DANGEROUS DOG DETERMINATIONS AND THE REGISTRATION OF DANGEROUS DOGS AND SETTING FORTH UNLAWFUL ACTS RELATING THERETO, PROSCRIBING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS OF THE ANIMAL CONTROL PROVISIONS, ALLOWING THE UTILIZATION OF WASHOE COUNTY’S CIVIL ENFORCEMENT PROCESS AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WASHOE DOES ORDAIN:
SECTION 1. Purpose and intent.
1.NRS 244.189 provides that the board of county commissioners exercise such powers and may enact such ordinances not in conflict with Nevada statutes for, inter alia, the control and protection of animals. NRS 244.359 provides that the board of county commissioners may enact and enforce ordinances fixing, imposing and collecting an annual license fee on dogs and providing for the capture and disposal of all dogs on which the license fee is not paid; regulating or prohibiting the running at large and disposal of all kinds of animals; establishing a pound, appointing a pound keeper and prescribing his duties; prohibiting cruelty to animals; and designating an animal as inherently dangerous and requiring the owner of such an animal to obtain a policy of liability insurance for the animal in an amount determined by the board of county commissioners. Any such ordinances may apply throughout the entire county or govern only a limited area within the county.
2.Pursuant to that authority, the Washoe County Board of Commissioners and the City Councils of the City of Reno and City of Sparks, have completed the consolidation of animal control functions in Washoe County. The consolidation of animal control services was accomplished by the adoption of ordinances of the three jurisdictions approving an interlocal agreement among the cities of Reno and Sparks and Washoe County which regionalized all field services, including, but not limited to, licensing, enforcement, rabies control, kennel permitting and related administrative functions relating thereto under the jurisdiction and control of Washoe County. The final step in the consolidation process occurred on June 14, 2005 when the Washoe County Board of Commissioners adopted the ordinance which amended Washoe County Code Chapter 55 in compliance with the interlocal agreement for the consolidation of animal services. Since that date, animal services within Washoe County has been operated and provided on a regional basis. We now have five years of regional operational experience.
3.It is the intention of this Ordinance to repeal, enact and revise sections to Washoe County Code Chapter 55 based upon that experience.
SECTION 2. Sections 55.125, 55.160, 55.180, 55.465, 55.480, 55.610(12), 55.790 and 55.800 of the Washoe County Code are hereby repealed.
SECTION 3. Chapter 55 of the Washoe County Code is hereby amended by adding thereto the provisions set forth in sections 4 to 7, inclusive, of this ordinance.
SECTION 4:
55.395 Dog Variance Permit
1. Owners with 4-5 dogs may obtain an annual permit from ANIMAL SERVICES and pay the appropriate fee as designated by the Board of County Commissioners. Such permit shall be obtained no later than 15 days after inspection of the property by an Animal Control officer or their designee. Permits must be renewed annually.
2. Payment by a dog variance permit holder shall not exempt such permit holder from payment of county registration fees for each dog owned.
3. An applicant for a dog variance permit shall consent to the inspection of the premises where the animals are kept or maintained. Such inspection shall be performed before issuance of the permit or upon receipt of a complaint. Annual inspections shall be required for all permit holders. Such inspection may be performed by an animal control officer or their designee. Failure to comply with a request for inspection is a violation of this chapter.
4. In addition to complying with all other regulations of this chapter the permit holder shall conform to the following additional requirements:
(a) The applicant must not have been found guilty of more than one violation of WCC Chapter 55 or NRS 574.100 within the previous year from the date of application.
(b) The owner shall immediately notify Washoe County Regional Animal Services of any change in the animals that are governed by the variance permit including the rabies vaccination and registration required pursuant to this chapter.
(c) Be accompanied by an emergency preparedness plan for evacuation of any and all animals on the property for which the permit application is submitted.
(d) All dogs covered under a dog variance permit must be spayed or neutered and be microchipped.
(e) Must not violate any covenants, conditions & restrictions or homeowners’ association rules pertaining to said property.
(f) Must provide letter of permission from the property owner if applicant is not the property owner.
5. Upon conviction of a second violation of the requirements pursuant to this chapter, the animal control officer or designee may revoke the variance permit.
6. If an animal control officer becomes aware that a permittee is not in compliance with the provisions of this chapter, or with any conditions imposed on the permit, the animal control officer may suspend or revoke the dog variance permit. If the animal control officer suspends or revokes a dog variance permit, the permittee shall be advised in writing of the reason or reasons therefore. The permittee shall reduce to the legal number of dogs (3) or may file an appeal of that decision to the animal control board not later than 14 days from the issuance of the written notice. A failure to appeal the revocation within 14 days constitutes an admission that the decision is well founded and precludes further administrative or judicial review.
7. Upon an appeal being filed, the animal control board shall, as soon as is practical, hold a hearing on the appeal.
8. 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.
9. 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 14 working days.
10. 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 dog variance permit shall be continued until a final court determination is reached.
SECTION 5.
55.661 Exotic Animal Permit Not Allowed; Violation of Existing Covenants, Conditions and Restrictions and Homeowners’ Association Rules.
The Washoe County Animal Control Board shall not approve any exotic animal permit if keeping the exotic animal violates any covenants, conditions and restrictions or homeowners’ association rules applicable to the location where the exotic animal is to be kept.
SECTION 6.
55.679 Keeping of Primates Prohibited; exceptions.
1. No person shall keep, harbor or in any way care for, maintain, lodge, or feed on private property any member of the order of primates as defined in WCC 55.030.
2. The prohibition contained in this section does not pertain to anyone that has a current exotic animal permit allowing the keeping of a primate on private property. Once the primate that is the subject of an existing exotic animal permit dies; or ownership is transferred; or the permit is allowed to expire, that permit may not be renewed.
3. The prohibition contained in this section does not apply to people with disabilities keeping a service animal as defined in WCC 55.010.
4. The provisions of this section do not apply to any entity or person operating in accordance with any validly issued government permit.
5. The Nevada Division of Wildlife (NDOW) or animal services may grant to any person an exemption from the provisions of this section that currently holds an approved permit through NDOW or ANIMAL SERVICES.
SECTION 7.
155.800 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 punishment 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), Washoe County or a hearing officer herein may impose a civil penalty in favor of the county 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 offense for any reason. All civil penalties collected pursuant to WCC 55.800 shall be deposited into a special fund to be used solely for animal related public education and awareness programs approved by the Washoe Board of County Commissioners
(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.
(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 so imprinted to remind 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 prescribed by the 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 approximate date and 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 person who issues the notice of civil penalty;
(e) Information which advises of the manner in which, 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 as indicated may result in the imposition of an additional $25.00administrative assessment;
(h) The NCP shall also inform 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 by any person who is authorized by the Washoe County Regional Animal Services. The NCP may be issued by the peace officer or a person authorized by the Washoe County Regional Animal Services 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 or by affixing the notice to the place of residence in a conspicuous place. Service of the notice of civil penalty by 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.
(13) – Notice of civil penalty—Duties of animal owner/respondent.
(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 to request a hearing, at which time, a date for a hearing and assignment of a hearing officer on the NCP shall be scheduled.
If a person served with a NCP fails to respond in any way, the court, a hearing officer or ANIMAL SERVICES is authorized to assess an additional administrative assessment of $25.00.
(d). Assignment of the hearing officer to each case will be in the sole discretion of Animal Services but the hearing officer must be chosen from a list of hearing officers that have been approved by the Washoe County Board of Commissioners. 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. Each hearing officer may exercise all of the power and discretion authorized by WCC 125.230.
(e). At that hearing, the respondent, a representative of Animal Services or any other interested party 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. The burden to prove
any defense shall be upon the respondent.
(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.
(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, 1seek 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 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.
SECTION 8. Section 55.010 of the Washoe County Code is hereby amended to read as follows:
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 abandonment” means a person who is the owner, the possessor, or having charge or custody of an animal, who abandons such animal or leaves it in a private or public place.
“Ambient Temperature” means the temperature of the environment surrounding the animal.
“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 congested area” includes any area of the county so designated as an animal congested area by the county board of commissioners and described herein, pursuant to the related interlocal agreement.
“Animal control board” means the board created pursuant to section 55.030.
“Animal control officer” means those employees of the county who have been designated by the county pursuant to NRS 280.125: 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); to prepare sign and serve written citations on persons accused of violating the provisions of Nevada Revised Statutes or the Washoe County Code as they relate to animal control as specified in NRS 171.17751(1); and to perform functions in connection with the operation of the animal services center.
or to do both.
“Animal services center” means the facility designated by the board of county commissioners for receiving, impounding, care and disposal of animals.
“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. 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. a domestic animal, except cats, which is physically off the premises of its owner, handler, or keeper, unless physically restrained by a leash not exceeding eight feet in length and under the control of a competent person within the animal congested areas designated herein.
“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.
“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.
“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, fence or electronic 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 pursuant to the related interlocal agreement. cities.
“Cruelty” means 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 any dog that: (a) inflicts severe injury upon a human being without provocation on public or private property, (b) inflicts severe injury on or kills an animal without provocation while the dog is off the property of its owner or keeper, or (c) has been so declared by a court and the owner or keeper having received notice of such and the dog again bites, attacks or endangers the safety of humans or other animals.
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.
“Euthanasia” means the humane destruction of an animal accomplished by a method that involves rapid unconsciousness and death without regaining consciousness.
“Exotic animal” includes any bear, canine, feline, hoofed animal, marsupial, primate, raptor, and reptile or hybrids thereof.
“Feline” includes any member of the cat family not customarily domesticated by man.
“Feral” means a domestic animal not socialized to human contact.
“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” 1has the meaning ascribed to it in NRS 441A.050 means the district health officer in a district, or the district health officer’s designee, or, if none, the State Health Officer, or the State Health Officer’s designee in accordance with NRS 441.A.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.
“Hobby 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. The term “hobby cattery” does not include a commercial enterprise operating under a business license.
“Hobby kennel” means an enclosure where more than three dogs over 4 months of age are kept and maintained. The term “hobby kennel” does not include a commercial enterprise operating under a business license.
“Hoofed animal” includes any ungulate animal not customarily domesticated by man.
“Horse tripping” means deliberately causing an equine to fall or lose its balance with a rope, stick or any other object for enjoyment or entertainment.
“Immediate supervision” means there is an adult within sight who can both monitor and control the behavior and actions of an animal.
“Indigenous” means native to the continental United States.
“Kennel” means an enclosure where more than three dogs over 4 months of age are kept and maintained.
“Livestock” means any animals, excluding domestic animals, kept for commercial purposes, including the following:
(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.
“Microchip” means a radio frequency identification device that is implanted into an animal.
“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. has the meaning ascribed to it in WCC 50.300 through 50.308 inclusive and as it may be amended from time to time.
“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 animal boarding operation or a caregiver of a feral cat colonykennel 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 animals owned by others that are temporarily maintained on the premises of a veterinarians or animal boarding kennel operators operation or a caregiver of a feral cat colonytemporarily 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. means any non-human member of the order Primates.
“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 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 3 ½ 6 feet in length or weighs 5 15 or more pounds except common species of non-poisonous indigenous snakes.
“Residence” means a totally enclosed structure which is the primary place where a person resides, sleeps and eats. their meals.
“Service animal” means an animal that has been individually trained to perform tasks for people with disabilities in accordance with NRS 426.097 and the Americans with Disabilities Act. Service animals are working animals not pets.
“Shelter” means a structure that promotes the retention of body heat during cold weather, which promotes cooling and provides protection from the rays of the sun during hot weather and which allows an animal to remain dry during times of wet weather.
“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 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. means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or causes prolonged physical pain.
“Tether” means a cable, chain, rope, or other similar device that is used to restrain an animal.
“Torture” or “cruelty” 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.
“Variance Permit” means a permit issued by Washoe County Regional Animal Services in compliance with WCC 55.395 and animal services policies and procedures which may apply.
“Veterinarian” means a member of the profession of veterinary medicine as described in Chapter 638 of NRS or as defined by the applicable veterinary medicine practice act in the statutes of any other 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.
SECTION 9. Section 55.030 of the Washoe County Code is hereby amended to read as follows:
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. 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 humane organization 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, 55.395 to 55.450 and 55.650 to 55.730, inclusive, as well as any additional powers and duties which may from time to time be assigned by the Washoe County Board of Commissioners. Technical assistance and support to the board shall be provided by county staff as designated by the director of public works animal services.
SECTION 10. Section 55.040 of the Washoe County Code is hereby amended to read as follows:
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 and NRS 574.
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 and NRS Chapter 574, except that no animal shall be destroyed, but for safety reasons, if there is a releasing agency requesting the animal.
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 recognized by professional animal control associations.
18. Washoe County Animal Control Officers, in furtherance of their duty to enforce the provisions of the Washoe County Code relating to animal control, are hereby designated by the Washoe County Board of Commissioners to prepare, sign and serve written citations on persons accused of violating a provision of Chapter 55 of the Washoe County Code or NRS Chapter 574. All citations so issued and served shall comply with the requirements of NRS 171.1773 and NRS 171.17751(5).
SECTION 11. Section 55.080 of the Washoe County Code is hereby amended to read as follows:
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 or NRS Chapter 574. The warning may precede or be issued in lieu of a written citation or notice of violation or NCP.
SECTION 12. Section 55.100 of the Washoe County Code is hereby amended to read as follows:
55.100 Restraining animals and found animal reporting.
1. In the animal 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, restrained by a fence, cage, coop, chain, leash, tether or other adequate means so that the animal shall not leave the premises upon which it is kept.
2. In the animal 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 an 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 service animals assisting 1handicapped persons with disabilities.
4. Each person who shall take custody of any lost, abandoned animal, or animal running at large, shall report the same to animal services within twenty-four (24) hours after taking custody thereof.
SECTION 13. Section 55.110 of the Washoe County Code is hereby amended to read as follows:
55.110 Keeping of animals in sanitary conditions.
No person shall keep any animal unless its area is kept clean and free from animal waste and odors that are offensive to a reasonable person of normal sensitivities in the vicinity.
SECTION 14. Section 55.120 of the Washoe County Code is hereby amended to read as follows:
155.120 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 the control of or in possession of any other person, whether or not open to the public. With the exception of pre-existing agricultural activities pursuant to NRS 40.140, as amended, it is unlawful for the owner or person having the care, custody or control of any animal to:
(1) keep, harbor or own any animal that by making loud and frequent sounds causes annoyance to, or disturbance of the peace or comfort of, the neighborhood or a reasonable person of normal sensitivities in the vicinity, the phrase “disturbance of the peace or comfort of” shall include, but is not limited to, the creation of any noise by any animal or animals which can be heard by any person, including an animal control officer or peace officer, from a location outside of the building or premises where the animal is being kept and which noise occurs repeatedly over at least a ten (10) minute period of time, with the total number of noises emitted exceeding thirty (30),
(2) allow any animal, except domestic cats, to be found off the real property of or not under the control of its owner or other person responsible for it within the congested areas as established herein.
SECTION 15. Section 55.130 of the Washoe County Code is hereby amended to read as follows:
55.130 Animal waste disposal.
1. Except as provided in subsection 3, within the animal congested areas designated 1in sections 55.240 and 55.245 herein, 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 animal congested areas designated in sections 55.240 and 55.245 herein, 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. 1Handicapped persons who use guide dogs, helping dogs or hearing dogs are exempt from this section. This provision does not apply to persons with disabilities who use service animals for assistance. 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.
SECTION 16. Section 55.140 of the Washoe County Code is hereby amended to read as follows:
155.140 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.
1. It is unlawful for any person to:
(a) Fail to provide an animal with sufficient and wholesome food.
(b) Fail to provide an animal with sufficient and potable water for adequate hydration.
(c) Fail to provide an animal with accessible necessary shelter to protect it from the elements of the weather.
(d) Fail to provide an animal with reasonable veterinary care when needed.
(e) Beat, cruelly treat, torment, overload, overwork, unjustifiably injure, maim, mutilate, poison, or kill any animal whether belonging to himself or to another.
(f) Intentionally allow an animal to fight with another animal or person.
(g) Abandon an animal.
(h) Crop a dog’s ears or dock a dog’s tail. This section does not apply to a veterinarian.
(i) Tether an animal in violation of NRS 574.100.
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 duties.
3. It is illegal for anyone to engage in the practice of “horse tripping” anywhere within Washoe County.
4. Any violation of this section of the Washoe County Code for cruelty to animals or “horse tripping” must be punished as a misdemeanor criminal violation in accordance with NRS 244.359.
SECTION 17. Section 55.175 of the Washoe County Code is hereby amended to read as follows:
155.175 Permitting dog to chase, worry, injure or kill domestic animals of another 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 the livestock or domestic animal of another within Washoe County.
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.
SECTION 18. Section 55.190 of the Washoe County Code is hereby amended to read as follows:
155.190 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 officer 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.
4. It is unlawful for the owner or person with the care, custody and control of any domestic animal to fail to provide adequate shelter to protect it from the elements of the weather. This does not apply to livestock kept for agricultural purposes.
SECTION 19. Section 55.200 of the Washoe County Code is hereby amended to read as follows:
155.200 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 without the permission of the property owner used for gaming or retail sales.
SECTION 20. Section 55.230 of the Washoe County Code is hereby amended to read as follows:
155.230 Determination of animal 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 animal congested areas, or areas not designated as animal 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 animal congested areas for purposes of this chapter.
SECTION 21. Section 55.240 of the Washoe County Code is hereby amended to read as follows:
55.240 Incorporated City of Sparks: Animal congested areas.
The land within the incorporated City of Sparks is hereby determined to be an animal congested area for purposes of this chapter. Any land annexed to the city is presumptively determined to be within the animal congested area pursuant to this section.
SECTION 22. Section 55.245 of the Washoe County Code is hereby amended to read as follows:
155.245 Incorporated City of Reno: Animal congested areas.
The land within the incorporated City of Reno is hereby determined to be a an animal congested area for purposes of this chapter. Any land annexed to the city is presumptively determined to be within the animal congested area pursuant to this section.
SECTION 23. Section 55.250 of the Washoe County Code is hereby amended to read as follows:
155.250 Greater Truckee Meadows and surrounding environs: Animal Congested area.
The Greater Truckee Meadows and surrounding environs are determined to be a an animal 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 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 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 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 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 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., 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 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.
SECTION 24. Section 55.251 of the Washoe County Code is hereby amended to read as follows:
55.251 Area 1 – Woodland Village: Animal congested area.
The Woodland Village area is determined to be a an animal congested area and is specifically described as: The W½ of section 15, T.21N., R.18E., M.D.B.& M.
SECTION 25. Section 55.252 of the Washoe County Code is hereby amended to read as follows:
155.252 Area 2 – Pebble Creek: Animal Congested area.
The Pebble Creek area is determined to be a an animal 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.
SECTION 26. Section 55.253 of the Washoe County Code is hereby amended to read as follows:
55.253 Area 3 – Eagles Nest: Animal Congested area.
The Eagles Nest area is determined to be a an animal 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.
SECTION 27. Section 55.254 of the Washoe County Code is hereby amended to read as follows:
55.254 Area 4 – Spring Ridge: Animal Congested area.
The Spring Ridge area is determined to be a an animal congested area and is specifically described as: The N½ of section 21, T.20N., R.20E., M.D.B.& M.
SECTION 28. Section 55.255 of the Washoe County Code is hereby amended to read as follows:
55.255 Area 5 – Arrow Creek/Southwest Vistas: Animal Congested area.
The Arrow Creek/Southwest Vistas area is determined to be a an animal congested area and is specifically described as: The E½ of sections 15 and 22, T.18N., R.19E., M.D.B.& M.; the W½ of section 14, T.18N., R.19E., M.D.B.& M.; all of section 23, T.18N., R.19E., M.D.B.& M.; the W½ of section 24, T.18N., R.19E., M.D.B.& M.; the W½ of the SE¼ of section 24, T.18N., R.19E., M.D.B.& M.
SECTION 29. Section 55.256 of the Washoe County Code is hereby amended to read as follows:
55.256 Area 6 – Timberline: Animal Congested area.
The Timberline area is determined to be a an animal congested area and is specifically described as: The NW¼ of the NW¼ of section 3, T.17N., R.19E., M.D.B.& M.; and the E½ of the W½ of section 34, T.18N., R.19E., M.D.B.& M.
SECTION 30. Section 55.257 of the Washoe County Code is hereby amended to read as follows:
55.257 Area 7 – Pleasant Valley: Animal Congested area.
The Pleasant Valley area is determined to be a an animal congested area and is specifically described as: The SE¼ of the SE¼ of section 6, T.17N., R.20E., M.D.B.& M.; the S½ of the SW¼ of section 5, T.17N., R.20E., M.D.B.& M.; the SW¼ of the SE¼ of section 5, T.17N., R.20E., M.D.B.& M.; the NE¼ of the SE¼ of section 5, T.17N., R.20E., M.D.B.& M.; the NW¼ of the SW¼ of section 4, T.17N., R.20E., M.D.B.& M.; and the NW¼ of section 4, T.17N., R.20E., M.D.B.& M.
SECTION 31. Section 55.258 of the Washoe County Code is hereby amended to read as follows:
55.258 Area 8 – Sunridge/Reindeer: Animal Congested area.
The Sunridge/Reindeer area is determined to be a an animal congested area and is specifically described as: The NW¼ of the NW¼ of section 16, T.17N., R.19E., M.D.B.& M.; and all of section 17, T.17N., R.19E., M.D.B.& M.
SECTION 32. Section 55.259 of the Washoe County Code is hereby amended to read as follows:
55.259 Area 9 – Saint James Village: Animal Congested area.
The Saint James Village area is determined to be a an animal congested area and is specifically described as: The E½ of section 15, T.17N., R.19E., M.D.B.& M.; and all of section 14, T.17N., R.19E., M.D.B.& M.
SECTION 33. Section 55.260 of the Washoe County Code is hereby amended to read as follows:
55.260 Old Washoe City: Animal Congested area.
The old Washoe City area is determined to be a an animal 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.
SECTION 34. Section 55.270 of the Washoe County Code is hereby amended to read as follows:
55.270 New Washoe City: Animal Congested area.
The New Washoe City area is determined to be a an animal congested area and is 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.
SECTION 35. Section 55.280 of the Washoe County Code is hereby amended to read as follows:
55.280 Incline Village: Animal Congested area.
The Incline Village area is determined to be a an animal 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.
SECTION 36. Section 55.290 of the Washoe County Code is hereby amended to read as follows:
55.290 Franktown: Animal Congested area.
The Franktown area is determined to be a an animal 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.
SECTION 37. Section 55.300 of the Washoe County Code is hereby amended to read as follows:
55.300 Gerlach: Animal Congested area.
The Gerlach area is determined to be a an animal congested area and is specifically described as: The SE 1/4 of section 15, T. 32 N., R. 23 E., M.D.B.&M.
SECTION 38. Section 55.310 of the Washoe County Code is hereby amended to read as follows:
55.310 Empire: Animal Congested area.
The Empire area is determined to be a an animal 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.
SECTION 39. Section 55.320 of the Washoe County Code is hereby amended to read as follows:
55.320 Spanish Springs: Animal Congested area.
The Spanish Springs area is determined to be a an animal 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 ½ of the SW 1/4 of the NW 1/4 and the W 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.
SECTION 40. Section 55.330 of the Washoe County Code is hereby amended to read as follows:
55.330 Wadsworth and Stampmill Estates Subdivision: Animal Congested area.
The following described area within the unincorporated area of the county is determined to be a an animal congested area: All that certain area within the following described parcels of land within the unincorporated area of Washoe County: The NW ¼ of section 3, the NE ¼ of section 4, the NW ¼ of section 8 and all that portion of the SW ¼ of section 8 lying northwesterly of the I-80 right of way, all in T. 20 N., R. 24 E., M.D.B. & M.
SECTION 41. Section 55.340 of the Washoe County Code is hereby amended to read as follows:
155.340 Licensing of dogs in animal congested areas required; annual license; fees; unlawful to fail to license.
1. Within a an animal 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 an animal 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 a certificate stating the license year period 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.
7. It is unlawful for the owner of any dog to keep or maintain the dog in any animal congested area unless it is licensed as provided in this chapter.
SECTION 42. Section 55.350 of the Washoe County Code is hereby amended to read as follows:
1 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. It is unlawful to own or possess a dog, cat or ferret which is not appropriately vaccinated against rabies by a veterinarian licensed to practice veterinary medicine in the state in which the dog animal was vaccinated. Each certificate of rabies vaccination shall expire as noted on the vaccination certificate and shall include the information specified in section 55.590.
(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. This section does not apply to the owner of an animal, that for medical reasons should not be vaccinated, provided the owner furnishes such a statement from a licensed veterinarian.
SECTION 43. Section 55.380 of the Washoe County Code is hereby amended to read as follows:
155.380 Licensing exemptions.
The licensing provisions of this chapter to do 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 service animal, 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; or
5. In the temporary care and custody of a releasing agency approved by Washoe County Regional Animal Services.
SECTION 44. Section 55.390 of the Washoe County Code is hereby amended to read as follows:
155.390 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, and except where limitations on the keeping of animals by covenants, conditions and restrictions or homeowners’ association rules are applicable to any property in Washoe County, 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 an animal congested area without a dog variance permit, hobby kennel or hobby cattery permit issued in accordance with section 55.400 395 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.
SECTION 45. Section 55.400 of the Washoe County Code is hereby amended to read as follows:
155.400 Hobby 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.
(d) Be accompanied by an emergency preparedness plan for evacuation of any and all animals on the property for which the permit application is submitted.
(e) Be accompanied by written evidence that the dogs have been microchipped.
(f) Be accompanied by a letter of authorization from the applicant’s landlord and/or property owner’s association if applicable.
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 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; and
(f) Keeping and maintaining the number of animals for which a permit is applied will not violate any applicable covenants, conditions and restrictions or homeowners’ association rules that apply to said property.
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; (f) Keeping and maintaining the number of animals for which a permit is applied will not violate any applicable covenants, conditions and restrictions or homeowners’ association rules that apply to said property.
5. Neither the Washoe County Animal Control Board nor Washoe County Regional Animal Services is authorized to issue or renew a hobby kennel permit or a hobby cattery permit if keeping and maintaining the number of animals for which a permit is applied violates any covenants, conditions and restrictions or homeowners’ association rules that apply to said property location.
6. No permit issued by animal services or the Washoe County Animal Control Board authorizes the operation of a commercial kennel or other business activity at the subject property location.
SECTION 46. Section 55.410 of the Washoe County Code is hereby amended to read as follows:
155.410 Hobby kennel permit requirements for keeping more than three adult dogs.
Sub paragraphs 1. through 5. (No changes)
SECTION 47. Section 55.415 of the Washoe County Code is hereby amended to read as follows:
155.415 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.
55.415 Hobby cattery permit requirements and specifications;
1. The cattery:
(a) Must be structurally sound and maintained in good repair;
(b) Must ensure that the cats are not allowed to be at large in the animal congested areas of the county;
(c) Must restrict the entrance of other animals into the cattery; and
(d) Must maintain an ambient temperature which protects the cats from excessive old and heat
2. The enclosure shall provide a minimum space for eight (8) cats of 500 cubic feet and an additional space of 100 cubic feet for each additional cat.
3. The enclosure shall be constructed and maintained so that the cats therein have access to clean food, water, resting perches, and litter.
4. Nothing in this section will prevent a cat owner from using his
residence as a cattery.
SECTION 48. Section 55.420 of the Washoe County Code is hereby amended to read as follows:
155.420 Approval, disapproval of application to keep more than three adult dogs or seven adult cats; issuance of hobby permit; appeals.
1. Within 10 30 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, (1) each person residing within a minimum of 200 feet of the closest property line of the location at which the dogs or cats will be kept or maintained and (2) 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 20 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 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 30 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.
7. 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.
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.
9.8. 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 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.
11.9. 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.
10. Before testifying in front of the Animal Control Board, every witness shall be required to declare, under penalty of perjury, that he will testify truthfully, by oath or affirmation administered by the Chairman or Acting Chairman. 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 before the Washoe County Animal Control Board 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 Animal Control Board shall not accept evidence from anyone that does not assent to the affirmation.
11. An applicant whose permit request has been denied by the Washoe County Animal Control Board and on which a final determination has been reached, may not reapply for a permit for the same location for a period of two years from the date of the final determination.
SECTION 49. Section 55.430 of the Washoe County Code is hereby amended to read as follows:
155.430 Hobby kennel or hobby 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) Commercial Kennels 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 or deployment, but in no event for a period greater than 18 months; and
(g) Service animals.
(h) Dogs or cats in the temporary care and custody of any releasing agency registered with and approved by Washoe County Regional Animal Services; and
(i) Dogs covered under a duly issued dog variance permit.
SECTION 50. Section 55.440 of the Washoe County Code is hereby
amended to read as follows:
155.440 Hobby kennel or hobby cattery 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 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, service animals or as a or a releasing agency as defined by 55.010.
SECTION 51. Section 55.450 of the Washoe County Code is hereby amended to read as follows:
155.450 Suspension; revocation of permit; appeal to animal control board; hearing.
1. The holder of a hobby kennel or hobby 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 as soon as is practical, 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 14 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.
SECTION 52. Section 55.460 of the Washoe County Code is hereby amended to read as follows:
155.460 Unlawful for animal domestic animals, except cats, to be at large in animal congested areas; damage by animals; capture and impoundment by individuals.
1. It is unlawful for any animal domestic animals, except cats, to be at large within the animal congested areas as designated herein.
2. It is unlawful for any animal domestic 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 domestic animal, except cats, which is found at large within a an animal congested area;
(b) Any animal domestic animal, which is trespassing on that person’s property; and
(c) Any animal domestic animal, which is endangering property, public safety, itself or any other animal.
5. “At large” does not include a dog exhibited in dog shows, trials, or obedience training while on private property; or a dog when otherwise safely and securely confined or completely controlled within or upon any vehicle; or under control in a designated off-leash area; or dogs used by law enforcement agencies; The provisions of this section do not apply to or livestock, which are governed by section 55.540.
SECTION 53. Section 55.470 of the Washoe County Code is hereby amended to read as follows:
155.470 Authority of animal control officer.
1. An animal control officer or peace officer is authorized under this section to take possession of and impound any animal, except livestock, if such animal has been observed by the animal control officer or peace 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 or peace officer taking possession of an animal pursuant to this section shall give written notice of impoundment, together with the reasons therefor, with to the owner or, if the owner cannot be found, shall post the notice on the property from which he takes the animal.
3. 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.
SECTION 54. Section 55.490 of the Washoe County Code is hereby amended to read as follows:
155.490 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, unless redeemed earlier by its owner.
2. If the identity of the owner of an impounded animal is known or discovered by the animal services center, the animal control officer services staff 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 animal control officer services after the end of the five day impoundment period, except that no animal shall be destroyed, but for safety reasons, if there is a releasing agency requesting the animal. Any such unredeemed animal authorized for destruction may be transferred to any person in accordance with the rules promulgated pursuant to section 55.4805.
SECTION 55. Section 55.500 of the Washoe County Code is hereby amended to read as follows:
155.500 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 proof of 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. Have a microchip implanted;
34. Payment of fees for the impoundment, board, care, costs related to microchip implant, and any medical treatment provided to the animal by the animal services center;
4 5. 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; a temporary license shall
be issued if one is required, the owner shall be notified regarding compliance with section 55.350 and the owner of said animal must provide proof of rabies vaccination within 14 days; and
5 6. Meet the conditions of any rules that have been promulgated in accordance with section 55.485.
SECTION 56. Section 55.540 of the Washoe County Code is hereby amended to read as follows:
155.540 Unlawful for livestock to be at large in animal congested area.
It is unlawful for livestock to be at large within any animal congested area. A violation of this section is committed by the owner or person having custody, control or possession of the livestock.
SECTION 57. Section 55.550 of the Washoe County Code is hereby amended to read as follows:
155.550 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 animal congested area.
2. When livestock are impounded, notice shall be given to the state department of agriculture as provided in NRS Chapter 569.
SECTION 58. Section 55.590 of the Washoe County Code is hereby amended to read as follows:
155.590 Veterinarians: Issuance of certificates of vaccination and rabies vaccination tags; cooperation with 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)(g) The name, address and license number of the veterinarian; and
(i) (h) 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 upon request; 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. 3. 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.
SECTION 59. Section 55.630 of the Washoe County Code is hereby amended to read as follows:
155.630 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 be set, and may be amended from time to time, by the Washoe County Board of Commissioners..
SECTION 60. Section 55.645 of the Washoe County Code is hereby amended to read as follows:
155.645 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.
3. Upon inspection by NDOW or animal services, the provisions of this section do not apply to any entity or person operating in accordance with a validly issued government permit and duly issued business license.
1 SECTION 61. Section 55.650 of the Washoe County Code is hereby amended to read as follows:
55.650 Exotic animals; application for permit to keep.
11. It is unlawful for any person to keep any exotic animal within the county without a permit therefor approved by the animal control board. Applications for permits to keep exotic animals pursuant to this section shall not be accepted or approved by the Washoe County Animal Control Board for a location within an animal congested area designated herein.
2. through 4. Unchanged
SECTION 62. Section 55.690(3) of the Washoe County Code is hereby amended to read as follows:
155.690 Enclosures for felines; minimum structural requirements.
1-2…unchanged.
13. Enclosures for large size felines, such as cougars, leopards and jaguars, shall be not less than 10 20 feet by 20 feet by 8 feet (1,600 3200 cubic feet) for one of such felines. The size of the enclosure shall be increased to 20 feet by 40 feet by 8 feet (3,200 6400 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 control board on a case-by-case basis.
4-8…unchanged.
SECTION 63. Section 55.710 of the Washoe County Code is hereby amended to read as follows:
155.710 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, in addition to the following:
(a) Size requirement for snakes:
Floor space in square feet
Flat coil x 5 (r x r x 3.14159)
(flat coil measures 3ft across would be 1.5 x 1.5 x 3.14159 = 35.34 sq ft)
Height: 2 x flat coil measurement
(b) Size requirements for lizards:
1.5 x Length of animal in length
½ length of animal in width
Length of animal in height for arboreal
½ length of animal in height for terrestrial
(c) Water supply requirements:
Snakes: must allow for full body submersion
Lizards: must allow for full body submersion (does not include tail)
Must be removable to allow for sanitation
(d) Lighting requirements
Provide a photo period that is species appropriate
Provide supply of UVB/UVA
(e) Heating requirements:
Must be designed to supply a temperature range specific to the species
Provide a basking area specific to the species
(f) Materials:
Made of materials that allow for proper sanitation
Must be designed to be escape proof for the animal
(g) Ventilation:
Provide a continuous supply of fresh air/can be mechanically assisted
(h) Cage furnishings:
Must be removable to facilitate sanitation of enclosure and items
(i) More than one animal per enclosure:
Multiply required square feet by 1.5 for each additional animal
(from the example above: 35.34 x 1.5 = 53.01 sq ft for two animals, 79.515 sq ft for three animals)
.
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.
SECTION 64. Section 55.740 of the Washoe County Code is hereby amended to read as follows:
155.740 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 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. 4. If the county is unable to sell transfer the animal to a person or releasing agency with the appropriate permit, 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 except that no animal shall be destroyed, but for safety reasons, if there is a releasing agency which complies with section 55.650 to 55.730, inclusive, requesting the animal.
SECTION 65. Section 55.750 of the Washoe County Code is hereby amended to read as follows:
155.750 Dangerous dog; determination.
1. For purposes of this section, a court of appropriate jurisdiction or an administrative hearing officer may declare that a dog is:
(a) “Dangerous” if:
(i) It is so declared pursuant to subsections 2 or 3; or
(ii) 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: off the premises of its owner.
(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).
(b) “Dangerous” if:
(i) Without provocation, it inflicts substantial bodily harm upon a human being on public or private property; or
(ii) It has killed or injured any domestic animal, without provocation, while the offending dog is off its owner’s property.
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 jurisdiction over the matter or an administrative hearing officer, approved by the Washoe County Board of Commissioners charging the owner of such a dog with harboring a dangerous dog or vicious dog requesting the dog be determined dangerous. The judge or hearing officer 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. Any dog pending a dangerous dog determination shall be kept in a completely enclosed and locked enclosure, approved by animal services, and shall only be removed from said enclosure if the dog is securely muzzled and physically restrained by the dog’s owner.
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. An owner shall not introduce into, transfer within, or remove from Washoe County any dog already declared to be dangerous or which has a dangerous dog determination or judgment pending.
5. 6 If a judge or hearing officer has made a finding under subsection 3, the judge or hearing officer shall make a report of a that determination to an animal control officer services. If a law enforcement agency has made the declaration under subsection 2, the agency shall make a report to an animal control officer animal services.
6.7. Upon receipt of the a determination from the judge or hearing officer or declaration from a law enforcement officer that a dog is a dangerous dog, an animal control officer animal services shall notify the owner of the dog that he must comply with the provisions of sections 55.760
SECTION 66. Section 55.760 of the Washoe County Code is hereby amended to read as follows:
155.760 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 letters 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 services. 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 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 that has been declared dangerous must:
(a) Post a surety bond with the county in an amount of $50,000.00 $250,000.00, per dog declared dangerous issued by an insurer agency authorized to do business in the State of Nevada, payable to any person(s) injured by the dangerous dog, with Washoe County Regional Animal Services listed as an additional interest; 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 $250,000.00 per dog declared dangerous, insuring the owner for any personal injuries inflicted by the dangerous dog, with Washoe County Regional Animal Services listed as an additional interest.
(c) Microchip the dog(s) declared dangerous and provide the identification number to animal services.
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 services 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 or has died. 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.
(c) Shall not transfer or give away any dog that has been declared dangerous
4. The owner of a dangerous dog shall pay a registration fee for the dog in an amount an application fee per dog, as set by the board of county commissioners, that has been declared dangerous and a yearly registration fee in the amount per dog as 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 confine the dog in a completely enclosed and locked enclosure, approved by animal services, pending registration. Under no circumstances shall the dog be permitted outside of the enclosure unless the dog is securely muzzled and physically restrained by the dog’s owner and 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 allow an animal control officer animal services upon the premises where the animal is maintained at any reasonable hour for inspection of such premises.
SECTION 67. Section 55.770 of the Washoe County Code is hereby amended to read as follows:
155.770 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.
SECTION 68. Section 55.780 of the Washoe County Code is hereby amended to read as follows:
155.780 Impoundment of dangerous dog.
1. A dangerous dog shall be immediately confiscated and impounded by an animal control officer animal services or law enforcement a peace 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.
(d) Attacks a person or attacks another animal.
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 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.
2 In addition to the criminal penalties provided in section 55.770, the dog shall be immediately confiscated and impounded, placed in quarantine if required for rabies control, and thereafter be destroyed in an expeditious and humane manner, with the costs of boarding and destruction to be borne by the dog’s owner.
[Business Impact Note: The Board of County Commissioners hereby finds that this ordinance does not impose a direct and significant economic burden upon a business, nor does it directly restrict the formation, operation or expansion of a business.]
Proposed on the _____ day of _______________________, 2010.
Proposed by Commissioner ________________________________.
Passed on the _____ day of _________________________, 2010.
Vote:
Ayes:
Nays:
Absent:
_________________________________
Chairman
Washoe County Commission
ATTEST:
_______________________
County Clerk
This ordinance shall be in force and effect from and after the _____ day of ____________________, 2010.
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