[Rev. 11/21/2013 12:25:18
PM--2013]
CHAPTER 574 - CRUELTY TO ANIMALS:
PREVENTION AND PENALTIES
SOCIETIES FOR PREVENTION OF CRUELTY TO ANIMALS
NRS 574.010 Incorporation.
NRS 574.020 Bylaws.
NRS 574.030 Elections;
reports.
NRS 574.040 Arrests
by members, agents and officers of certain societies: Application; submission
of fingerprints; exhibition of badge; resistance to officers unlawful.
CRUELTY TO ANIMALS
NRS 574.050 Definitions.
NRS 574.053 Reporting
acts of cruelty.
NRS 574.055 Taking
possession of animal being treated cruelly; notice to owner; lien for cost of
care; disposition of animal; liability of officer; limitations and procedure
when animal is located on agricultural land.
NRS 574.060 Commission
of certain acts concerning place kept or used for baiting or fighting birds or
other animals unlawful; penalties.
NRS 574.070 Instigating
or attending fights between birds or other animals unlawful; owning, training,
selling or purchasing animals to fight other animals unlawful; manufacturing,
possessing, selling or purchasing certain implements designed for attachment to
fighting birds unlawful; penalties; exceptions.
NRS 574.080 Officer
may take possession of animals and implements used in fights among animals.
NRS 574.090 Disposition
of animals or implements used in fights among animals.
NRS 574.100 Torturing,
overdriving, injuring or abandoning animals; failure to provide proper
sustenance; requirements for restraining dogs and using outdoor enclosures;
horse tripping; penalties; exceptions.
NRS 574.105 Mistreatment
of police animal and interference with duties of police animal or handler
unlawful; penalties; exception.
NRS 574.107 Mistreatment
of dogs used for certain events unlawful; penalties.
NRS 574.110 Abandonment
of disabled animal unlawful; penalty.
NRS 574.120 Failure
to provide proper air, food, shelter or water to impounded animal unlawful;
penalties.
NRS 574.130 Selling,
offering to sell or exposing diseased animal.
NRS 574.140 Sale
of disabled horses unlawful.
NRS 574.150 Poisoning
or attempting to poison animals unlawful; penalties.
NRS 574.160 Throwing
substance injurious to animals in public places unlawful.
NRS 574.170 Keeping
cow or other milk-producing animal in unhealthy place or diseased condition;
feeding resulting in impure milk; penalty.
NRS 574.180 Running
horses on highway; penalty.
NRS 574.190 Carrying
animal in cruel manner; penalty.
NRS 574.195 Allowing
cat or dog to remain unattended in motor vehicle during period of extreme heat
or cold unlawful; removal of animal; exceptions; immunity from liability;
penalty.
NRS 574.200 Intended
applicability of provisions.
CARE OF ANIMALS
General Provisions
NRS 574.210 Definitions.
NRS 574.220 “Ambient
temperature” defined.
NRS 574.230 “Animal”
defined.
NRS 574.240 “Animal
shelter” defined.
NRS 574.245 “Breeder”
defined.
NRS 574.250 “Cattery”
defined.
NRS 574.260 “Dealer”
defined.
NRS 574.270 “Housing
facility” defined.
NRS 574.280 “Kennel”
defined.
NRS 574.290 “Operator”
defined.
NRS 574.300 “Pet”
defined.
NRS 574.310 “Primary
enclosure” defined.
NRS 574.320 “Retailer”
defined.
NRS 574.330 “Veterinarian”
defined.
NRS 574.340 Applicability.
NRS 574.350 Enforcement
by society for prevention of cruelty to animals prohibited.
Breeders
NRS 574.353 Annual
permits: Application; fees; suspension, revocation or denial.
NRS 574.356 Prohibited
acts.
Duties of Operators
NRS 574.360 Buildings
and grounds; housing facilities.
NRS 574.370 Enclosures
generally.
NRS 574.380 Dogs
and cats kept outdoors.
NRS 574.390 Primary
enclosures generally.
NRS 574.400 Floor
space of primary enclosure.
NRS 574.410 Dogs
or cats kept in primary enclosures together.
NRS 574.420 Food
and water.
NRS 574.430 Sanitization.
NRS 574.440 Program
to control disease and care for health.
Retailers and Dealers
NRS 574.450 Examination
by veterinarian; sale of cat or dog that requires immediate treatment prohibited;
conditions under which presence of parasites requires treatment.
NRS 574.460 Provision
of written statement to purchaser of cat: Required disclosures; signature of
seller and purchaser.
NRS 574.470 Provision
of written statement to purchaser of dog: Required disclosures; signature of
seller and purchaser.
NRS 574.480 Posting
of notice concerning dog or cat offered for sale.
NRS 574.485 Imposition
of administrative fines for violation of NRS 574.460,
574.470 or 574.480;
deposit in State General Fund.
NRS 574.490 Duties
upon determination that pet was sold with condition that requires immediate
treatment.
NRS 574.500 Separating
dog or cat from mother; penalty.
NRS 574.510 Knowingly
selling dog or cat with condition requiring immediate treatment prohibited;
penalties.
SWAP MEETS INVOLVING ANIMALS
NRS 574.550 Sale,
attempted sale, offer for adoption or transfer of ownership of live animals
prohibited at swap meets; exceptions; applicability.
STERILIZATION OF PETS
Agreements for Sterilization
NRS 574.600 Definitions.
NRS 574.605 “Agreement
for sterilization” defined.
NRS 574.610 “New
owner” defined.
NRS 574.615 “Pet”
defined.
NRS 574.620 “Releasing
agency” defined.
NRS 574.625 “Sterilization”
defined.
NRS 574.630 “Veterinarian”
defined.
NRS 574.640 Restrictions
on release of certain pets; exceptions.
NRS 574.645 Required
contents of agreement for sterilization; determination of date for
sterilization and date for notification of sterilization.
NRS 574.650 Postponement
of date for sterilization: Letter signed by veterinarian required; modification
of agreement for sterilization.
NRS 574.655 Notification
of sterilization to releasing agency; exceptions; effect of failure to comply.
NRS 574.660 Duty
of releasing agency to establish account; deposit of money; authorized
expenditures.
Miscellaneous Provisions
NRS 574.670 Duty
of veterinarians and governmental entities to post local sterilization
requirements.
_________
SOCIETIES FOR PREVENTION OF CRUELTY TO ANIMALS
NRS 574.010 Incorporation. Any
three or more citizens of the State of Nevada who incorporate as a body
corporate under the general laws for corporations in this state set forth in chapter 78 of NRS for the purpose of preventing
cruelty to animals may, except as otherwise provided in NRS
574.040, avail themselves of the privileges and benefits of NRS 574.010 to 574.040,
inclusive.
[1:75:1873; B § 2482; BH § 4776; C § 4868; RL § 1373;
NCL § 3231]—(NRS A 1973, 984; 2001, 1913)
NRS 574.020 Bylaws.
1. Such societies may make and adopt
bylaws:
(a) Governing the admission of associates and
members.
(b) Providing for meetings and assistant and
district or local officers.
(c) Providing for means and systems for the
effectual attainments of the objects contemplated by this chapter, for the
regulation and management of its business affairs, and for the effectual
working of the societies.
(d) Prescribing the duties of their officers, for
the outlay of moneys, and the auditing of accounts.
2. Such bylaws shall not conflict with the
laws of the State of Nevada or of the United States, or any provision of NRS 574.010 to 574.040,
inclusive.
[2:75:1873; B § 2483; BH § 4777; C § 4869; RL § 1374;
NCL § 3232]
NRS 574.030 Elections; reports. Such
societies shall:
1. Elect officers and fill vacancies
according to the provisions of their bylaws.
2. Make such reports of elections as are
required of all corporations by law.
3. Report to the Legislature, at each of
its regular sessions, a full account of all their acts.
[3:75:1873; B § 2484; BH § 4778; C § 4870; RL § 1375;
NCL § 3233]
NRS 574.040 Arrests by members, agents and officers of certain societies:
Application; submission of fingerprints; exhibition of badge; resistance to
officers unlawful.
1. Except as otherwise provided in this
subsection and NRS 574.350, a member, agent or
local or district officer of a society so incorporating, if authorized in
writing by the trustees of the society, approved by the district judge of the
county, and sworn in the same manner as peace officers are sworn, may make
arrests for a violation of the provisions of this chapter in the same manner as
is provided for other officers. The provisions of this subsection apply only to
a society that, on the date the society submits an application to the district
judge for approval for a member, agent or local or district officer of the
society to make arrests pursuant to this subsection:
(a) Has at least 25 members; and
(b) Has been incorporated in accordance with NRS 574.010 for not less than 5 years immediately
preceding the submission of the application.
2. Before submitting an application
specified in subsection 1, the society shall require that each member, agent or
local or district officer of the society to whom the application relates submit
to the society a complete set of his or her fingerprints which the society
shall submit to the sheriff of the county.
3. The sheriff shall:
(a) Upon receipt of the fingerprints, forward the
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for a report concerning
the criminal history of the member, agent or local or district officer of the
society.
(b) Upon receipt of the report, forward the
report to the society. The society shall include the report in the application
submitted pursuant to subsection 1.
4. A member, agent or local or district
officer who is authorized to make arrests pursuant to subsection 1 shall, when
making those arrests, exhibit and expose a suitable badge, to be adopted by the
society.
5. A person who resists such a specially
appointed officer shall be punished for that resistance in the same manner as
is provided for the punishment of resistance to other officers.
[5:75:1873; B § 2486; BH § 4780; C § 4872; RL § 1377;
NCL § 3235]—(NRS A 1993, 2152; 2001, 1914; 2003, 2858)
CRUELTY TO ANIMALS
NRS 574.050 Definitions. As
used in NRS 574.050 to 574.200,
inclusive:
1. “Animal” does not include the human
race, but includes every other living creature.
2. “First responder” means a person who
has successfully completed the national standard course for first responders.
3. “Police animal” means an animal which
is owned or used by a state or local governmental agency and which is used by a
peace officer in performing his or her duties as a peace officer.
4. “Torture” or “cruelty” includes every
act, omission or neglect, whereby unjustifiable physical pain, suffering or
death is caused or permitted.
[1:178:1919; 1919 RL p. 3393; NCL § 10569]—(NRS A 1999, 2517; 2001, 997; 2007, 1926; 2011, 1604)
NRS 574.053 Reporting acts of cruelty.
1. Any person who knows or has reasonable
cause to believe that an animal has been subjected to an act of cruelty in
violation of NRS 574.100 may report the act of
cruelty to any:
(a) Peace officer;
(b) Officer of a society for the prevention of
cruelty to animals who is authorized to make arrests pursuant to NRS 574.040; or
(c) Animal control officer.
2. Any person, law enforcement agency,
society for the prevention of cruelty to animals or animal control agency that
willfully releases data or information concerning the identity of a person who
made a report pursuant to subsection 1, except for the purposes of a criminal
investigation or prosecution, is guilty of a misdemeanor.
(Added to NRS by 2011, 1604;
A 2013, 901)
NRS 574.055 Taking possession of animal being treated cruelly; notice to
owner; lien for cost of care; disposition of animal; liability of officer;
limitations and procedure when animal is located on agricultural land.
1. Any peace officer or officer of a society
for the prevention of cruelty to animals who is authorized to make arrests
pursuant to NRS 574.040 shall, upon discovering any
animal which is being treated cruelly, take possession of it and provide it
with shelter and care or, upon obtaining written permission from the owner of
the animal, may destroy it in a humane manner.
2. If an officer takes possession of an
animal, the officer shall give to the owner, if the owner can be found, a
notice containing a written statement of the reasons for the taking, the
location where the animal will be cared for and sheltered, and the fact that
there is a limited lien on the animal for the cost of shelter and care. If the
owner is not present at the taking and the officer cannot find the owner after
a reasonable search, the officer shall post the notice on the property from
which the officer takes the animal. If the identity and address of the owner
are later determined, the notice must be mailed to the owner immediately after
the determination is made.
3. An officer who takes possession of an
animal pursuant to this section has a lien on the animal for the reasonable
cost of care and shelter furnished to the animal and, if applicable, for its
humane destruction. The lien does not extend to the cost of care and shelter
for more than 2 weeks.
4. Upon proof that the owner has been
notified in accordance with the provisions of subsection 2 or, if the owner has
not been found or identified, that the required notice has been posted on the
property where the animal was found, a court of competent jurisdiction may,
after providing an opportunity for a hearing, order the animal sold at auction,
humanely destroyed or continued in the care of the officer for such disposition
as the officer sees fit.
5. An officer who seizes an animal
pursuant to this section is not liable for any action arising out of the taking
or humane destruction of the animal.
6. The provisions of this section do not
apply to any animal which is located on land being employed for an agricultural
use as defined in NRS 361A.030 unless
the owner of the animal or the person charged with the care of the animal is in
violation of paragraph (c) of subsection 1 of NRS
574.100 and the impoundment is accomplished with the concurrence and
supervision of the sheriff or the sheriff’s designee, a licensed veterinarian
and the district brand inspector or the district brand inspector’s designee. In
such a case, the sheriff shall direct that the impoundment occur not later than
48 hours after the veterinarian determines that a violation of paragraph (c) of
subsection 1 of NRS 574.100 exists.
7. The owner of an animal impounded in
accordance with the provisions of subsection 6 must, before the animal is
released to the owner’s custody, pay the charges approved by the sheriff as
reasonably related to the impoundment, including the charges for the animal’s
food and water. If the owner is unable or refuses to pay the charges, the State
Department of Agriculture shall sell the animal. The Department shall pay to
the owner the proceeds of the sale remaining after deducting the charges
reasonably related to the impoundment.
(Added to NRS by 1981, 671; A 1989, 272; 1991, 10; 1993, 1758; 1999, 2517, 3698; 2001, 186; 2011, 1604)
NRS 574.060 Commission of certain acts concerning place kept or used for
baiting or fighting birds or other animals unlawful; penalties.
1. A person shall not knowingly keep or
use, or in any manner be connected with, or be interested in the management of,
or receive money for the admission of any person to, a house, apartment, pit or
place kept or used for baiting or fighting any bird or animal, or be an owner
or occupant of a house, apartment, pit or place who willfully procures or
permits the same to be used or occupied for such baiting or fighting.
2. A person who violates any provision of
subsection 1 is guilty of:
(a) For a first offense, a category E felony and
shall be punished as provided in NRS
193.130.
(b) For a second or subsequent offense, a
category D felony and shall be punished as provided in NRS 193.130.
3. Upon complaint under oath or
affirmation to any magistrate authorized to issue warrants in criminal cases
that the complainant has just and reasonable cause to suspect that any
provision of law relating to or in any way affecting animals is being or is
about to be violated in any particular building or place, the magistrate shall
immediately issue and deliver a warrant to any person authorized by law to make
arrests for such offenses, authorizing the person to enter and search the
building or place, to arrest any person there present found violating any such
law and to bring the person before the nearest magistrate of competent
jurisdiction to be dealt with according to law.
[2:178:1919; 1919 RL p. 3393; NCL § 10570]—(NRS A
1981, 772; 2001,
2887; 2013,
2112)
NRS 574.070 Instigating or attending fights between birds or other animals
unlawful; owning, training, selling or purchasing animals to fight other
animals unlawful; manufacturing, possessing, selling or purchasing certain
implements designed for attachment to fighting birds unlawful; penalties;
exceptions.
1. Except as otherwise provided in this
section, a person shall not begin, cause, instigate, promote, carry on or do
any act as an assistant, umpire or principal, or in any way aid in or engage in
the furtherance of any fight between animals in an exhibition or for amusement
or gain which is premeditated by a person owning or having custody of the
animals.
2. A person shall not:
(a) Own, possess, keep, train, promote or
purchase an animal with the intent to use it to fight another animal; or
(b) Sell an animal knowing that it is intended to
be used to fight another animal.
3. A person shall not:
(a) Knowingly attend any fight between animals in
an exhibition or for amusement or gain; or
(b) Manufacture, own, possess, purchase, sell,
barter or exchange, or advertise for sale, barter or exchange, any gaff, spur
or other sharp implement designed for attachment to a cock or other bird with
the intent that the implement be used in fighting another cock or other bird.
4. Except as otherwise provided in
subsection 7, a person who violates any provision of subsection 1 is guilty of:
(a) For a first offense, a category E felony and
shall be punished as provided in NRS
193.130.
(b) For a second or subsequent offense, a
category D felony and shall be punished as provided in NRS 193.130.
5. A person who violates any provision of
subsection 2 is guilty of:
(a) For a first offense, a category E felony and
shall be punished as provided in NRS
193.130.
(b) For a second or subsequent offense, a
category D felony and shall be punished as provided in NRS 193.130.
6. A person who violates any provision of
subsection 3 is guilty of:
(a) For a first offense, a gross misdemeanor.
(b) For a second or subsequent offense, a category
E felony and shall be punished as provided in NRS 193.130.
7. If a violation of subsection 1 involves
a dog, a person who commits such a violation is guilty of:
(a) For a first offense, a category D felony and
shall be punished as provided in NRS
193.130.
(b) For a second offense, a category C felony and
shall be punished as provided in NRS
193.130.
(c) For a third or subsequent offense, a category
B felony and shall be punished by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than 6
years.
8. If a person who violates this section
is not a natural person, the person shall be punished by a fine of not more
than $10,000.
9. This section does not prohibit the use
of dogs or birds for:
(a) The management of livestock by the owner
thereof, the owner’s employees or agents or any other person in the lawful
custody of the livestock; or
(b) Hunting as permitted by law.
[Part 6:75:1873; B § 2487; BH § 4781; C § 4873; RL §
1378; NCL § 3236] + [3:178:1919; 1919 RL p. 3394; NCL § 10571]—(NRS A 1981,
772; 1989, 1870;
1995, 1303;
2001, 2888;
2009, 972;
2013, 2112)
NRS 574.080 Officer may take possession of animals and implements used in
fights among animals.
1. Any officer authorized by law to make
arrests may lawfully take possession of any animals, or implements, or other
property used or employed, or about to be used or employed, in the violation of
any provision of law relating to fights among animals.
2. The officer shall state to the person
in charge thereof, at the time of such taking, his or her name and residence,
and also the time and place at which the application provided for by NRS 574.090 will be made.
[4:178:1919; 1919 RL p. 3394; NCL § 10572]
NRS 574.090 Disposition of animals or implements used in fights among
animals.
1. The officer, after taking possession of
such animals, or implements or other property, pursuant to NRS 574.080, shall apply to the magistrate, before
whom the complaint is made against the offender violating such provision of
law, for the order mentioned in subsection 2, and shall make and file an
affidavit with such magistrate, stating therein:
(a) The name of the offender charged in such
complaint.
(b) The time, place and description of the
animals, implements or other property so taken, together with the name of the
person who claims the same, if known.
(c) That the affiant has reason to believe and
does believe, stating the grounds of such belief, that the same were used or
employed, or were about to be used or employed, in such violation, and will
establish the truth thereof upon the trial of such offender.
2. The officer shall then deliver such
animals, implements or other property to such magistrate, who shall thereupon,
by order in writing, place the same in the custody of an officer or other
proper person in such order named and designated, to be kept by him or her
until the trial or final discharge of the offender, and shall send a copy of
such order, without delay, to the district attorney of the county.
3. The officer or person so named and
designated in the order shall immediately thereupon assume custody, and shall
retain the same for the purpose of evidence upon the trial, subject to the
order of the court before which the offender may be required to appear, until
the offender’s final discharge or conviction.
4. Upon the conviction of the offender,
the animals, implements or other property shall be adjudged by the court to be
forfeited.
5. In the event of the acquittal or final
discharge, without conviction, of the offender, the court shall, on demand,
direct the delivery of the property so held in custody to the owner thereof.
[5:178:1919; 1919 RL p. 3394; NCL § 10573]
NRS 574.100 Torturing, overdriving, injuring or abandoning animals; failure
to provide proper sustenance; requirements for restraining dogs and using
outdoor enclosures; horse tripping; penalties; exceptions.
1. A person shall not:
(a) Torture or unjustifiably maim, mutilate or
kill:
(1) An animal kept for companionship or
pleasure, whether belonging to the person or to another; or
(2) Any cat or dog;
(b) Except as otherwise provided in paragraph
(a), overdrive, overload, torture, cruelly beat or unjustifiably injure, maim,
mutilate or kill an animal, whether belonging to the person or to another;
(c) Deprive an animal of necessary sustenance,
food or drink, or neglect or refuse to furnish it such sustenance or drink;
(d) Cause, procure or allow an animal to be
overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured,
maimed, mutilated or killed or to be deprived of necessary food or drink;
(e) Instigate, engage in, or in any way further
an act of cruelty to any animal, or any act tending to produce such cruelty; or
(f) Abandon an animal in circumstances other than
those prohibited in NRS 574.110.
2. Except as otherwise provided in
subsections 3 and 4 and NRS 574.210 to 574.510, inclusive, a person shall not restrain a dog:
(a) Using a tether, chain, tie, trolley or pulley
system or other device that:
(1) Is less than 12 feet in length;
(2) Fails to allow the dog to move at
least 12 feet or, if the device is a pulley system, fails to allow the dog to
move a total of 12 feet; or
(3) Allows the dog to reach a fence or
other object that may cause the dog to become injured or die by strangulation
after jumping the fence or object or otherwise becoming entangled in the fence
or object;
(b) Using a prong, pinch or choke collar or
similar restraint; or
(c) For more than 14 hours during a 24-hour
period.
3. Any pen or other outdoor enclosure that
is used to maintain a dog must be appropriate for the size and breed of the
dog. If any property that is used by a person to maintain a dog is of
insufficient size to ensure compliance by the person with the provisions of
paragraph (a) of subsection 2, the person may maintain the dog unrestrained in
a pen or other outdoor enclosure that complies with the provisions of this
subsection.
4. The provisions of subsections 2 and 3
do not apply to a dog that is:
(a) Tethered, chained, tied, restrained or placed
in a pen or enclosure by a veterinarian, as defined in NRS
574.330, during the course of the veterinarian’s practice;
(b) Being used lawfully to hunt a species of
wildlife in this State during the hunting season for that species;
(c) Receiving training to hunt a species of
wildlife in this State;
(d) In attendance at and participating in an
exhibition, show, contest or other event in which the skill, breeding or
stamina of the dog is judged or examined;
(e) Being kept in a shelter or boarding facility
or temporarily in a camping area;
(f) Temporarily being cared for as part of a
rescue operation or in any other manner in conjunction with a bona fide
nonprofit organization formed for animal welfare purposes;
(g) Living on land that is directly related to an
active agricultural operation, if the restraint is reasonably necessary to
ensure the safety of the dog. As used in this paragraph, “agricultural
operation” means any activity that is necessary for the commercial growing and
harvesting of crops or the raising of livestock or poultry; or
(h) With a person having custody or control of
the dog, if the person is engaged in a temporary task or activity with the dog
for not more than 1 hour.
5. A person shall not:
(a) Intentionally engage in horse tripping for
sport, entertainment, competition or practice; or
(b) Knowingly organize, sponsor, promote, oversee
or receive money for the admission of any person to a charreada or rodeo that
includes horse tripping.
6. A person who willfully and maliciously
violates paragraph (a) of subsection 1:
(a) Except as otherwise provided in paragraph
(b), is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) If the act is committed in order to threaten,
intimidate or terrorize another person, is guilty of a category C felony and
shall be punished as provided in NRS
193.130.
7. Except as otherwise provided in
subsection 6, a person who violates subsection 1, 2, 3 or 5:
(a) For the first offense within the immediately
preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county
jail or detention facility for not less than 2 days, but not more than 6
months; and
(2) Perform not less than 48 hours, but
not more than 120 hours, of community service.
Ê The person
shall be further punished by a fine of not less than $200, but not more than
$1,000. A term of imprisonment imposed pursuant to this paragraph may be served
intermittently at the discretion of the judge or justice of the peace, except
that each period of confinement must be not less than 4 consecutive hours and
must occur either at a time when the person is not required to be at the
person’s place of employment or on a weekend.
(b) For the second offense within the immediately
preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county
jail or detention facility for not less than 10 days, but not more than 6
months; and
(2) Perform not less than 100 hours, but
not more than 200 hours, of community service.
Ê The person
shall be further punished by a fine of not less than $500, but not more than
$1,000.
(c) For the third and any subsequent offense
within the immediately preceding 7 years, is guilty of a category C felony and
shall be punished as provided in NRS
193.130.
8. In addition to any other fine or
penalty provided in subsection 6 or 7, a court shall order a person convicted
of violating subsection 1, 2, 3 or 5 to pay restitution for all costs
associated with the care and impoundment of any mistreated animal under
subsection 1, 2, 3 or 5 including, without limitation, money expended for
veterinary treatment, feed and housing.
9. The court may order the person
convicted of violating subsection 1, 2, 3 or 5 to surrender ownership or
possession of the mistreated animal.
10. The provisions of this section do not
apply with respect to an injury to or the death of an animal that occurs
accidentally in the normal course of:
(a) Carrying out the activities of a rodeo or
livestock show; or
(b) Operating a ranch.
11. As used in this section, “horse
tripping” means the roping of the legs of or otherwise using a wire, pole,
stick, rope or other object to intentionally trip or intentionally cause a
horse, mule, burro, ass or other animal of the equine species to fall. The term
does not include:
(a) Tripping such an animal to provide medical or
other health care for the animal; or
(b) Catching such an animal by the legs and then
releasing it as part of a horse roping event for which a permit has been issued
by the local government where the event is conducted.
[Part 6:75:1873; B § 2487; BH § 4781; C § 4873; RL §
1378; NCL § 3236] + [Part 6:178:1919; 1919 RL p. 3394; NCL § 10574]—(NRS A
1981, 672; 1991,
491; 1999,
2518; 2009,
738; 2011,
1605; 2013,
2174)
NRS 574.105 Mistreatment of police animal and interference with duties of
police animal or handler unlawful; penalties; exception.
1. A person shall not willfully and
maliciously:
(a) Taunt, torment, tease, beat, strike or administer
a desensitizing drug, chemical or substance to a police animal;
(b) Interfere with a police animal or a handler
thereof in the performance of duties assigned to the police animal or handler;
or
(c) Torture, mutilate, injure, poison, disable or
kill a police animal.
2. A person who violates:
(a) Paragraph (a) or (b) of subsection 1 is
guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) Paragraph (c) of subsection 1 is guilty of:
(1) If the police animal is not totally
disabled or killed, a category D felony and shall be punished as provided in NRS 193.130, and may be further punished
by a fine of not more than $10,000.
(2) If the police animal is totally
disabled or killed, a category C felony and shall be punished as provided in NRS 193.130. In addition to the punishment
imposed pursuant to this subparagraph, the court may require a person who is
punished pursuant to this subparagraph to pay restitution to the agency that
owns the police animal, including, without limitation, payment for veterinary
services and the cost of replacing the police animal.
3. The provisions of this section do not
prohibit a euthanasia technician licensed pursuant to chapter 638 of NRS, a peace officer or a
veterinarian from euthanizing a police animal in an emergency if the police
animal is critically wounded and would otherwise endure undue suffering and
pain.
(Added to NRS by 1999, 2516; A 2001, 2889)
NRS 574.107 Mistreatment of dogs used for certain events unlawful;
penalties.
1. A person shall not:
(a) Willfully, unjustifiably and maliciously
tamper or interfere with;
(b) Willfully and unjustifiably abuse or injure,
or willfully and unjustifiably set on foot, instigate, engage in or in any way
further an act of abusing or injuring; or
(c) Willfully and unjustifiably kill or willfully
and unjustifiably set on foot, instigate, engage in or in any way further an
act of killing,
Ê a dog owned
by another person that is used in an exhibition, show, contest or other event
in which the skill, breeding or stamina of the dog is judged or examined.
2. A person who violates:
(a) Paragraph (a) of subsection 1 is guilty of a
category D felony and shall be punished as provided in NRS 193.130.
(b) Paragraph (b) of subsection 1 is guilty of a
category D felony and shall be punished as provided in NRS 193.130, and may be further punished
by a fine of not more than $10,000.
(c) Paragraph (c) of subsection 1 is guilty of a
category C felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1999, 2517; A 2001, 2889)
NRS 574.110 Abandonment of disabled animal unlawful; penalty.
1. A person being the owner or possessor,
or having charge or custody, of a maimed, diseased, disabled or infirm animal,
who abandons such animal or leaves it to die in a public street, road or public
place, or who allows it to lie in a public street, road or public place more
than 3 hours after the person receives notice that it is left disabled, is
guilty of a misdemeanor.
2. Any agent or officer of any society for
the prevention of cruelty to animals, or of any society duly incorporated for
that purpose, or any police officer, may lawfully destroy or cause to be
destroyed any animal found abandoned and not properly cared for, appearing, in
the judgment of two reputable citizens called by the agent or officer to view
the same in his or her presence, to be glandered, injured or diseased past
recovery for any useful purpose, or after such agent or officer has obtained in
writing from the owner of such animal the owner’s consent to such destruction.
3. When any person arrested is, at the
time of such arrest, in charge of any animal or of any vehicle drawn by or
containing any animal, any agent or officer of such society or societies or any
police officer may take charge of such animal and of such vehicle and its
contents and deposit the same in a safe place of custody, or deliver the same
into the possession of the police or sheriff of the county or place wherein
such arrest was made, who shall thereupon assume the custody thereof. All
necessary expenses incurred in taking charge of such property shall be a charge
thereon.
[Part 6:75:1873; B § 2487; BH § 4781; C § 4873; RL §
1378; NCL § 3236] + [7:178:1919; 1919 RL p. 3395; NCL § 10575]
NRS 574.120 Failure to provide proper air, food, shelter or water to
impounded animal unlawful; penalties.
1. A person who has impounded or confined
any animal shall not refuse or neglect to supply to the animal during its
confinement a sufficient supply of good and wholesome air, food, shelter and
water.
2. A person who violates subsection 1:
(a) For the first offense within the immediately
preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail
or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but
not more than 120 hours, of community service.
Ê The person
shall be further punished by a fine of not less than $200, but not more than
$1,000. A term of imprisonment imposed pursuant to this paragraph may be served
intermittently at the discretion of the judge or justice of the peace, except
that each period of confinement must be not less than 4 consecutive hours and
must occur at a time when the person is not required to be at the person’s
place of employment or on a weekend.
(b) For the second offense within the immediately
preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county
jail or detention facility for not less than 10 days, but not more than 6
months; and
(2) Perform not less than 100 hours, but
not more than 200 hours, of community service.
Ê The person
shall be further punished by a fine of not less than $500, but not more than
$1,000.
(c) For the third and any subsequent offense
within the immediately preceding 7 years, is guilty of a category C felony and
shall be punished as provided in NRS
193.130.
3. In addition to any other fine or
penalty provided in subsection 2, a court shall order a person convicted of
violating subsection 1 to pay restitution for all costs associated with the
care and impoundment of any mistreated animal under subsection 1, including,
without limitation, money expended for veterinary treatment, feed and housing.
4. If any animal is at any time impounded
as provided in subsection 1, and continues to be without necessary food and
water for more than 12 successive hours, any person may, as often as it is
necessary, enter into and upon any pound in which the animal is so confined and
supply it with necessary food and water, so long as it remains so confined.
Such a person is not liable to any action for such entry, and the reasonable
cost of such food and water may be collected by the person from the owner of
the animal, and the animal is not exempt from levy and sale upon execution
issued upon a judgment therefor.
[8:178:1919; 1919 RL p. 3395; NCL § 10576]—(NRS A 2001, 2890)
NRS 574.130 Selling, offering to sell or exposing diseased animal. A person who willfully sells or offers to
sell, uses, exposes, or causes or permits to be sold, offered for sale, used or
exposed, any horse or other animal having the disease known as glanders or
farcy, or other contagious or infectious disease dangerous to the life or
health of human beings or animals, or which is diseased past recovery, or who
refuses upon demand to deprive of life an animal affected with any such
disease, is guilty of a misdemeanor.
[9:178:1919; 1919 RL p. 3395; NCL § 10577]
NRS 574.140 Sale of disabled horses unlawful. It
shall be unlawful for any person to sell any horse which, by reason of disease,
could not be worked in this state without violating the law against cruelty to
animals.
[10:178:1919; 1919 RL p. 3395; NCL § 10578]
NRS 574.150 Poisoning or attempting to poison animals unlawful; penalties.
1. A person who unjustifiably administers
any poisonous or noxious drug or substance to a horse, mule or domestic cattle,
or unjustifiably exposes any such drug or substance with the intent that it be
taken by a horse, mule or domestic cattle, whether the horse, mule or domestic
cattle are the property of the person or another, is guilty of a category C
felony and shall be punished as provided in NRS
193.130. In addition to any other penalty, the court shall order the person
to pay restitution.
2. A person who unjustifiably administers
any poisonous or noxious drug or substance to any animal other than a horse,
mule or domestic cattle, or unjustifiably exposes any such drug or substance
with the intent that it be taken by an animal other than a horse, mule or
domestic cattle, whether the animal is the property of the person or another,
is guilty of a gross misdemeanor. In addition to any other penalty, the court
shall order the person to pay restitution.
3. This section does not prohibit the destruction
of noxious animals.
[1911 C&P § 510; RL § 6775; NCL § 10457] +
[11:178:1919; 1919 RL p. 3396; NCL § 10579]—(NRS A 1961, 402; 1967, 618; 1979,
1487; 1995,
1304; 2001,
2890)
NRS 574.160 Throwing substance injurious to animals in public places
unlawful. A person who willfully
throws, drops or places, or causes to be thrown, dropped or placed, upon any
road, highway, street or public place, any glass, nails, pieces of metal, or other
substance which might wound, disable or injure any animal is guilty of a
misdemeanor.
[12:178:1919; 1919 RL p. 3396; NCL § 10580]
NRS 574.170 Keeping cow or other milk-producing animal in unhealthy place or
diseased condition; feeding resulting in impure milk; penalty. A person who keeps a cow or any animal for the
production of milk in a crowded or unhealthy place, or in a diseased condition,
or feeds such cow or animal upon any food that produces impure or unwholesome
milk, is guilty of a misdemeanor.
[13:178:1919; 1919 RL p. 3396; NCL § 10581]
NRS 574.180 Running horses on highway; penalty. A
person driving any vehicle upon any plank road, turnpike or public highway, who
unjustifiably runs the horses drawing the same, or causes or permits them to
run, is guilty of a misdemeanor.
[15:178:1919; 1919 RL p. 3396; NCL § 10583]
NRS 574.190 Carrying animal in cruel manner; penalty. A person who carries or causes to be carried
in or upon any vessel or vehicle or otherwise any animal in a cruel or inhuman
manner, or so as to produce torture, is guilty of a misdemeanor.
[Part 6:75:1873; B § 2487; BH § 4781; C § 4873; RL §
1378; NCL § 3236] + [16:178:1919; 1919 RL p. 3396; NCL § 10584]
NRS 574.195 Allowing cat or dog to remain unattended in motor vehicle during
period of extreme heat or cold unlawful; removal of animal; exceptions;
immunity from liability; penalty.
1. Except as otherwise provided in
subsection 3, a person shall not allow a cat or dog to remain unattended in a
parked or standing motor vehicle during a period of extreme heat or cold or in
any other manner that endangers the health or safety of the cat or dog.
2. Any:
(a) Peace officer;
(b) Officer of a society for the prevention of
cruelty to animals who is authorized to make arrests pursuant to NRS 574.040;
(c) Animal control officer;
(d) Governmental officer or employee whose
primary duty is to ensure public safety;
(e) Employee or volunteer of any organized fire
department; or
(f) Member of a search and rescue organization in
this State that is under the direct supervision of a sheriff,
Ê may use any
force that is reasonable and necessary under the circumstances to remove from a
motor vehicle a cat or dog that is allowed to remain in the motor vehicle in
violation of subsection 1.
3. The provisions of subsection 1 do not
apply to:
(a) A police animal or an animal that is used by:
(1) A federal law enforcement agency to
assist the agency in carrying out the duties of the agency; or
(2) A search and rescue organization
specified in paragraph (f) of subsection 2 to assist the organization in
carrying out the activities of the organization;
(b) A dog that is under the possession or control
of:
(1) An animal control officer; or
(2) A first responder during an emergency;
(c) A dog that is under the possession or control
of a person who:
(1) Is actively engaged in hunting a
species of game mammal or game bird during the season for hunting that species
of game mammal or game bird;
(2) Is using the dog for the purpose set
forth in subparagraph (1); and
(3) Holds a license or tag to hunt that
species of game mammal or game bird during that season; or
(d) A dog that is participating in:
(1) Training exercises relating to
hunting; or
(2) Field trials relating to hunting.
4. A cat or dog that is removed from a
motor vehicle pursuant to subsection 2 shall be deemed to be an animal being
treated cruelly for the purposes of NRS 574.055.
The person who removed the cat or dog may take any action relating to the cat
or dog specified in that section and is entitled to any lien or immunity from
liability that is applicable pursuant to that section.
5. A person who violates a provision of
subsection 1 is guilty of a misdemeanor.
(Added to NRS by 2007, 1925)
NRS 574.200 Intended applicability of provisions. The
provisions of NRS 574.050 to 574.510,
inclusive, do not:
1. Interfere with any of the fish and game
laws contained in title 45 of NRS or any laws for the destruction of certain
birds.
2. Interfere with the right to destroy any
venomous reptiles or animals, or any animal known as dangerous to life, limb or
property.
3. Interfere with the right to kill all
animals and fowl used for food.
4. Prohibit or interfere with any properly
conducted scientific experiments or investigations which are performed under
the authority of the faculty of some regularly incorporated medical college or
university of this State.
5. Interfere with any scientific or
physiological experiments conducted or prosecuted for the advancement of
science or medicine.
6. Prohibit or interfere with established
methods of animal husbandry, including the raising, handling, feeding, housing
and transporting of livestock or farm animals.
[10:75:1873; B § 2491; BH § 4785; C § 4877; RL §
1381; NCL § 3239] + [Part 6:178:1919; 1919 RL p. 3394; NCL § 10574]—(NRS A 1989, 273; 1993, 2152; 2007, 1926; 2011, 1607)
CARE OF ANIMALS
General Provisions
NRS 574.210 Definitions. As
used in NRS 574.210 to 574.510,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 574.220 to 574.330,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1993, 2145; A 2011, 1595)
NRS 574.220 “Ambient temperature” defined. “Ambient
temperature” means the temperature surrounding an animal.
(Added to NRS by 1993, 2145)
NRS 574.230 “Animal” defined. “Animal”
includes every living creature that is not a human being.
(Added to NRS by 1993, 2145)
NRS 574.240 “Animal shelter” defined. “Animal
shelter” means a facility:
1. For receiving and holding animals;
2. Designated by a local government for
receiving and holding animals; or
3. Operated by a society for the
prevention of cruelty to animals, which is in compliance with the provisions of
NRS 574.010 to 574.040,
inclusive, for receiving and holding animals.
(Added to NRS by 1993, 2145)
NRS 574.245 “Breeder” defined. “Breeder”
means a dealer, operator or other person who is responsible for the operation
of a commercial establishment engaged in the business of breeding dogs or cats
for sale or trade. The term does not include a person who breeds dogs or cats as
a hobby.
(Added to NRS by 2011, 1593)
NRS 574.250 “Cattery” defined. “Cattery”
means a place where at least 10 cats of not less than 6 months of age are kept,
harbored or maintained for:
1. Boarding;
2. Training; or
3. Breeding for sale to a retailer or
dealer.
Ê For the
purposes of this section, spayed or neutered cats must not be counted when
determining the number of cats that are being kept, harbored or maintained.
(Added to NRS by 1993, 2146)
NRS 574.260 “Dealer” defined. “Dealer”
means a person who, for compensation or profit, buys, sells, breeds, trades or
imports cats or dogs for resale.
(Added to NRS by 1993, 2146)
NRS 574.270 “Housing facility” defined. “Housing
facility” means a building, room or other area which contains one or more
primary enclosures.
(Added to NRS by 1993, 2146)
NRS 574.280 “Kennel” defined. “Kennel”
means a place where at least 10 dogs of not less than 6 months of age are kept,
harbored or maintained for:
1. Boarding;
2. Training; or
3. Breeding for sale to a retailer or
dealer.
Ê For the
purposes of this section, spayed or neutered dogs, dogs used by or being
trained for use by the Armed Forces, police officers, search and rescue teams
or other similar organizations, dogs used in farming or ranching, and dogs used
by or being trained for use by persons with disabilities, including, but not
limited to, dogs used to assist persons in wheelchairs, must not be counted
when determining the number of dogs that are being kept, harbored or
maintained.
(Added to NRS by 1993, 2146; A 2005, 631)
NRS 574.290 “Operator” defined. “Operator”
means a person responsible for the operation of:
1. A cattery, kennel or commercial
establishment engaged in the business of selling animals; or
2. An animal shelter.
(Added to NRS by 1993, 2146)
NRS 574.300 “Pet” defined. “Pet”
means a domestic cat or dog commonly kept for pleasure.
(Added to NRS by 1993, 2146)
NRS 574.310 “Primary enclosure” defined. “Primary
enclosure” means a structure used to restrict the immediate movement of a dog
or cat to a limited amount of space, such as a room, pen, run, cage,
compartment or hutch, and in which an animal is regularly so restricted for
more than 7 hours during a 24-hour period.
(Added to NRS by 1993, 2146; A 2011, 1595)
NRS 574.320 “Retailer” defined. “Retailer”
means a person who acquires pets for resale.
(Added to NRS by 1993, 2146)
NRS 574.330 “Veterinarian” defined. “Veterinarian”
means a person authorized pursuant to chapter 638
of NRS to practice veterinary medicine in this state.
(Added to NRS by 1993, 2146)
NRS 574.340 Applicability.
1. The provisions of NRS 574.210 to 574.510,
inclusive, do not apply to:
(a) The exhibition, production, marketing or
disposal of any livestock, poultry, fish or other agricultural commodity or
animal.
(b) Activities for which a license is required by
the provisions of chapter 466 of NRS.
(c) The housing of domestic cats or dogs kept as
pets or cared for, without remuneration other than payment for reasonable
expenses relating to the care of the cats or dogs, on behalf of another person
in a home environment.
(d) The exhibition of dogs or cats.
2. As used in this section:
(a) “Animal” has the meaning ascribed to it in NRS 564.010.
(b) “Livestock” has the meaning ascribed to it in
NRS 569.0085.
(Added to NRS by 1993, 2146; A 2011, 1595)
NRS 574.350 Enforcement by society for prevention of cruelty to animals
prohibited. No member, agent or
officer of a society for the prevention of cruelty to animals may enforce the
provisions of NRS 574.210 to 574.510,
inclusive.
(Added to NRS by 1993, 2147; A 2011, 1595)
Breeders
NRS 574.353 Annual permits: Application; fees; suspension, revocation or
denial.
1. In addition to any ordinance adopted
pursuant to NRS 244.189, 244.335 or 244.359, the board of county commissioners
of each county, if its jurisdiction to enact and enforce ordinances relating to
animals is not limited by an interlocal agreement, shall adopt an ordinance
requiring each breeder in an unincorporated area of the county to obtain an
annual permit to act as a breeder issued by the board or by the animal control
agency of the county, if any. Each such board of county commissioners may
impose a fee for the issuance of the annual permit which does not exceed the
approximate cost of providing the services associated with the issuance of the
annual permits.
2. In addition to any ordinance adopted
pursuant to NRS 266.325 or 266.355, the city council or other
governing body of each incorporated city, whether organized under general law
or special charter, if its jurisdiction to enact and enforce ordinances
relating to animals is not limited by an interlocal agreement, shall adopt an
ordinance requiring each breeder in the incorporated area of the city to obtain
an annual permit to act as a breeder issued by the city council or other
governing body or by the animal control agency, if any. Each such city council
or other governing body of an incorporated city may impose a fee for the
issuance of the annual permit which does not exceed the approximate cost of
providing the services associated with the issuance of the annual permits.
3. After a board of county commissioners
or a city council or other governing body of an incorporated city adopts an
ordinance pursuant to subsection 1 or 2, as applicable, the board or governing
body shall issue a permit and assign a permit number to each breeder who:
(a) Submits an application on a form and in the
manner prescribed by the ordinance;
(b) Pays a fee, if any, prescribed by the
ordinance; and
(c) Complies with any other requirements
prescribed by the ordinance.
4. Each permit issued pursuant to
subsection 3 must specify the address of the premises at which the person may
act as a breeder.
5. The number of the permit assigned to a
breeder pursuant to subsection 3 must be displayed in all advertising in which
the breeder offers a dog or cat for sale and on any receipt of sale of a dog or
cat sold by the breeder.
6. For the purpose of enforcing the
provisions of NRS 574.360 to 574.440,
inclusive, as those provisions apply to breeders, any animal control agent of
the issuing authority may enter and inspect the premises specified on the
permit at any reasonable hour.
7. An ordinance adopted pursuant to
subsection 1 or 2 may provide for the suspension, revocation or denial of a
permit for a violation of the provisions of NRS 574.360
to 574.440, inclusive, as those provisions apply to
breeders.
(Added to NRS by 2011, 1594)
NRS 574.356 Prohibited acts. A
breeder shall not:
1. Sell a dog or cat:
(a) Unless the dog or cat has had:
(1) A registered microchip subcutaneously
inserted into the dog or cat; and
(2) All the required vaccinations for
rabies which are appropriate based upon the age of the dog or cat; or
(b) Without providing a written sales contract to
the purchaser; or
2. Breed a female dog:
(a) Before she is 18 months old; or
(b) More than once a year.
(Added to NRS by 2011, 1594)
Duties of Operators
NRS 574.360 Buildings and grounds; housing facilities. An operator shall ensure that:
1. The buildings and grounds at all
locations where dogs or cats are kept:
(a) Are clean and in good repair; and
(b) Do not become accumulated with trash.
2. Housing facilities:
(a) Are constructed and maintained in such a
manner as to:
(1) Protect the dogs or cats inside from
injury;
(2) Prevent the dogs or cats inside from
escaping; and
(3) Restrict the entrance of other dogs
and cats.
(b) Have adequate and reliable sources of
electrical power and potable water available.
(Added to NRS by 1993, 2147)
NRS 574.370 Enclosures generally. An
operator shall:
1. Provide all dogs and cats with primary
enclosures located indoors, except dogs and cats that are acclimated to the
outdoor environment.
2. Ensure that the interior of a housing
facility for indoor primary enclosures is constructed and maintained in such a
manner as to be substantially impervious to moisture and to facilitate regular
cleaning.
3. Provide a suitable method to eliminate
excessive water from the interior of a housing facility for indoor primary
enclosures. Any drains must be constructed and maintained in such a manner as
to avoid foul odors. Any closed system for drainage must be equipped with traps
that prevent the release of sewage into the housing facility.
4. Ensure that indoor primary enclosures
are constructed and maintained in such a manner as to:
(a) Protect the dogs or cats inside from
excessive illumination while providing an ample amount of light, by natural or
artificial means, or both, of a sufficient distribution and intensity to allow
for routine inspection and cleaning.
(b) Provide a sufficient amount of heat when
necessary to protect the dogs or cats inside from cold and to maintain their
health and comfort. The ambient temperature of an indoor primary enclosure in
which one or more cats or dogs are kept must not be allowed to fall below 50
degrees Fahrenheit, unless each cat or dog is acclimated to a lower
temperature.
(c) Provide adequate ventilation at all times to
maintain the health and comfort of the dogs or cats inside. The system of
ventilation must provide fresh air by means of windows, doors, vents or
air-conditioning, and be designed to maintain drafts, odors and the
condensation of moisture at a minimum. If the ambient temperature reaches 85
degrees Fahrenheit or greater, air-conditioning, exhaust fans and vents, or
other auxiliary ventilation must be provided.
(Added to NRS by 1993, 2147)
NRS 574.380 Dogs and cats kept outdoors. If
dogs or cats are kept outdoors, an operator shall:
1. Provide a suitable method for the rapid
drainage of surface water from the area where each dog or cat is kept.
2. Provide each dog or cat with a
sufficient amount of shelter to:
(a) Remain dry from rain and snow;
(b) Have enough shade to protect itself from any
direct sunlight that is likely to cause overheating or discomfort;
(c) Remain cool during a period for which the
National Weather Service has issued a heat advisory;
(d) Protect the animal from wind which creates a
wind chill below 50 degrees Fahrenheit or for which the National Weather
Service has issued a high wind warning; and
(e) Remain warm when the atmospheric temperature
falls below 50 degrees Fahrenheit. If the ambient temperature falls below 50
degrees Fahrenheit, the operator shall provide such an additional amount of
clean bedding material or other protection as necessary for the dog or cat to
remain warm.
3. After considering the ambient
temperature, provide each dog or cat with a sufficient amount of food and water
necessary to sustain it in a healthy condition at that temperature.
(Added to NRS by 1993, 2147; A 2011, 1595)
NRS 574.390 Primary enclosures generally.
1. An operator shall ensure that a primary
enclosure:
(a) Has a solid floor;
(b) Is not stacked on top of another primary
enclosure; and
(c) Is constructed and maintained in such a
manner as to:
(1) Protect the dogs or cats inside from
injury;
(2) Prevent the dogs or cats inside from
escaping;
(3) Keep other dogs or cats out;
(4) Allow the dogs or cats inside
convenient access to food and water;
(5) Enable the dogs or cats inside to
remain clean and dry;
(6) Provide sufficient space for each dog
or cat inside to turn about freely and to stand, sit and lie in a comfortable,
normal position; and
(7) Prevent the dogs or cats inside from
biting or otherwise harming an animal or person outside of the primary
enclosure.
2. The provisions of paragraphs (a) and
(b) of subsection 1 do not apply to an animal shelter.
(Added to NRS by 1993, 2148; A 2011, 1596)
NRS 574.400 Floor space of primary enclosure. An
operator shall ensure that a primary enclosure in which a dog or cat that is at
least 6 months old is kept has a minimum amount of floor space which is
calculated by finding the mathematical square of the sum of 6 inches plus the
length of the dog or cat measured from the tip of its nose to the base of its
tail, and dividing that amount by 144, to arrive at the minimum amount of
square footage required for the floor space.
(Added to NRS by 1993, 2148)
NRS 574.410 Dogs or cats kept in primary enclosures together. If dogs or cats are kept in primary
enclosures, an operator shall ensure that:
1. Dogs placed together with other dogs
and cats placed together with other cats are compatible.
2. A dog or cat that displays a vicious
disposition is not placed together with any other dog or cat.
3. A female dog or cat is not placed
together with any intact male dog or cat during periods of estrus, except for
supervised breeding.
4. An immature dog or cat is not placed
together with an adult dog or cat, except with its mother or when permanently
maintained in a breeding colony.
(Added to NRS by 1993, 2148)
NRS 574.420 Food and water. An
operator shall ensure that:
1. Potable water is offered to each dog or
cat at least twice daily for not less than 1 hour on each occasion, unless
potable water is accessible to the dog or cat at all times or except as
otherwise required to provide adequate care.
2. Each dog or cat is fed at least once
each day, except as otherwise required to provide adequate care.
3. The food provided to a dog or cat is
wholesome, palatable, free from contamination, and of sufficient quality and
nutritive value to meet the normal daily requirements for the dog or cat, based
upon its condition and size.
4. Supplies of perishable food are
adequately refrigerated.
5. Containers of food are:
(a) Durable, except that disposable receptacles
may be used if they are discarded after each feeding; and
(b) Located so as to be accessible to the dogs or
cats while reducing to a minimum any contamination from excreta.
6. Containers of food and water are kept
clean. Self-feeders must not be used for the feeding of dry food unless they
are cleaned regularly to prevent molding, deterioration and the caking of food.
(Added to NRS by 1993, 2148)
NRS 574.430 Sanitization. An
operator shall ensure that:
1. Insects, ectoparasites and avian,
mammalian and reptilian pests are kept under control.
2. Supplies of food and bedding material
are stored in facilities that afford adequate protection from infestation or
contamination by vermin.
3. For primary enclosures used to restrict
the immediate movement of a dog or cat:
(a) Excreta are removed at least once daily to
prevent contamination and to reduce to a minimum odors and the risk of disease;
and
(b) Each such primary enclosure is disinfected at
least once daily and before placing another dog or cat in the primary
enclosure. If a hosing or flushing method of cleaning is used, all dogs and
cats must be removed from the primary enclosure and adequate measures must be
taken to protect the dogs and cats in other primary enclosures from being contaminated
with water and other wastes.
4. Primary enclosures used to restrict the
immediate movement of an animal other than a dog or cat are cleaned, washed and
disinfected at least once every 2 weeks to prevent any accumulation of debris
or excreta and to reduce to a practical minimum substances and organisms
injurious to the health of animals or humans.
5. Pens or runs with hard surfaces, and
cages and rooms, are sanitized at least once every 2 weeks by:
(a) Washing them with water of a temperature not
less than 120 degrees Fahrenheit and with soap or detergent;
(b) Washing all soiled surfaces with a safe and
effective disinfectant; or
(c) Cleaning all soiled surfaces with live steam.
6. Pens or runs with gravel, sand or dirt
surfaces are cleaned as often as necessary by removing and replacing the soiled
gravel, sand or dirt.
7. Sewage, solid wastes, soiled bedding,
dead animals and debris are removed from housing facilities regularly and
disposed of properly.
8. Facilities for disposal are maintained
in such a manner as to reduce to a minimum odors and the risk of disease or
infestation by vermin.
9. Adequate facilities, such as washrooms,
basins or sinks, are provided for the cleanliness of persons handling animals.
(Added to NRS by 1993, 2149; A 2011, 1596)
NRS 574.440 Program to control disease and care for health. An operator shall, with the approval of a
veterinarian, establish and maintain a program to control disease and care for
the health of dogs and cats. As part of this program, an operator shall ensure
that:
1. Each dog and cat is observed daily by
the person directly responsible for its care, or by someone else under that
person’s direct supervision.
2. Blind, lame, injured, ill or diseased
dogs and cats are provided with the appropriate veterinary care that is
consistent with the purposes for which a dog or cat is being kept or humanely
euthanized.
3. Any dogs or cats under quarantine or
being treated for a communicable disease are kept separate from other dogs and
cats.
(Added to NRS by 1993, 2149)
Retailers and Dealers
NRS 574.450 Examination by veterinarian; sale of cat or dog that requires
immediate treatment prohibited; conditions under which presence of parasites
requires treatment.
1. A retailer or dealer shall, after the
acquisition of a cat or dog for resale, cause the cat or dog to be examined by
a veterinarian. The retailer or dealer shall not sell the cat or dog before it
is initially examined by a veterinarian.
2. A retailer or dealer shall cause a cat
or dog acquired for resale to be reexamined by a veterinarian:
(a) Fourteen days after the date of its initial
examination; and
(b) Every 30 days thereafter until sold.
3. If a veterinarian conducting an
examination pursuant to this section finds that the cat or dog has no illness,
disease or other condition that is terminal or requires immediate hospitalization
or immediate surgical intervention, the veterinarian shall provide a written
statement setting forth his or her findings to the retailer or dealer.
4. A retailer or dealer shall not
knowingly sell a cat or dog if it has an illness, disease or other condition
that is terminal or requires immediate hospitalization or immediate surgical
intervention.
5. For the purposes of this section, the
presence of internal or external parasites does not constitute an illness,
disease or other condition that is terminal or requires immediate
hospitalization or immediate surgical intervention unless the cat or dog is
clinically ill as a result of the parasite.
(Added to NRS by 1993, 2149; A 1997, 2772)
NRS 574.460 Provision of written statement to purchaser of cat: Required
disclosures; signature of seller and purchaser.
1. A retailer or dealer shall, before
selling a cat, provide the purchaser of the cat with a written statement that
discloses:
(a) The name, address and telephone number of the
retailer or dealer.
(b) The date the cat was born, if known.
(c) The name and address of the person from whom
the retailer or dealer obtained the cat and, if the person holds a license
issued by the United States Department of Agriculture, the person’s federal
identification number.
(d) The name and address of the breeder of the
cat and, if the breeder holds a license issued by the United States Department
of Agriculture, the breeder’s federal identification number.
(e) The registration numbers, if any, of the
cat’s sire and dam with the appropriate breed registry or any health
certifications from a health certification organization such as the Orthopedic
Foundation for Animals or its successor organization, if any.
(f) A record of any immunizations administered to
the cat before the time of sale, including the type of vaccine, date of
administration and name and address of the veterinarian who prescribed the
vaccine.
(g) Any sterilization requirements for the cat
required by local ordinance.
(h) The medical history of the cat, including,
without limitation:
(1) The date that a veterinarian examined
and, if applicable, reexamined the cat pursuant to subsections 1 and 2 of NRS 574.450 and determined that the cat did not have
any illness, disease or other condition that is terminal or requires immediate
hospitalization or immediate surgical intervention. For the purposes of this
subparagraph, the presence of internal or external parasites does not
constitute an illness, disease or other condition that is terminal or requires
immediate hospitalization or immediate surgical intervention, unless the cat is
clinically ill as a result of the parasite.
(2) Whether any treatment or medication has
been administered by the veterinarian who examined or, if applicable,
reexamined the cat pursuant to subsections 1 and 2 of NRS
574.450 and if such treatment or medication was administered, a statement
indicating on what date it was administered and for what illness, disease or
condition.
(3) The date on which the veterinarian
sterilized the cat, if applicable.
(4) The name and address of the
veterinarian who performed the examinations, reexaminations or sterilization or
administered any treatments or medications.
(i) That a copy of the veterinarian’s evaluation
of the health of the cat made pursuant to NRS 574.450
is available to the purchaser.
2. The written statement must be signed
and dated by the retailer or dealer and contain a space for the purchaser to
sign and date the statement as an attestation that the purchaser has read and
understands the disclosures contained in the statement.
(Added to NRS by 1993, 2150; A 1997, 2773; 2009, 2019)
NRS 574.470 Provision of written statement to purchaser of dog: Required
disclosures; signature of seller and purchaser.
1. A retailer
or dealer shall, before selling a dog, provide the purchaser of the dog with a
written statement that discloses:
(a) The name, address and telephone number of the
retailer or dealer.
(b) The date the dog was born, if known.
(c) The name and address of the person from whom
the retailer or dealer obtained the dog and, if the person holds a license
issued by the United States Department of Agriculture, the person’s federal
identification number.
(d) The name and address of the breeder of the
dog and, if the breeder holds a license issued by the United States Department
of Agriculture, the breeder’s federal identification number.
(e) The registration numbers, if any, of the
dog’s sire and dam with the appropriate breed registry or any health
certificates from a health certification organization such as the Orthopedic
Foundation for Animals or its successor organization, if any.
(f) A record of any immunizations administered to
the dog before the time of sale, including the type of vaccine, date of
administration and name and address of the veterinarian who prescribed the
vaccine.
(g) Any sterilization requirements for the dog
required by local ordinance.
(h) The medical history of the dog, including,
without limitation:
(1) The date that a veterinarian examined
and, if applicable, reexamined the dog pursuant to subsections 1 and 2 of NRS 574.450 and determined that the dog did not have
any illness, disease or other condition that is terminal or requires immediate
hospitalization or immediate surgical intervention. For the purposes of this
subparagraph, the presence of internal or external parasites does not
constitute an illness, disease or other condition that is terminal or requires
immediate hospitalization or immediate surgical intervention, unless the dog is
clinically ill as a result of the parasite.
(2) Whether any treatment or medication
has been administered by the veterinarian who examined or, if applicable,
reexamined the dog pursuant to subsections 1 and 2 of NRS
574.450 and, if such treatment or medication was administered, a statement
indicating on what date it was administered and for what illness, disease or
condition.
(3) The date on which the veterinarian
sterilized the dog, if applicable.
(4) The name and address of the
veterinarian who performed the examinations, reexaminations or sterilization or
administered any treatments or medications.
(i) That a copy of the veterinarian’s evaluation
of the health of the dog performed pursuant to NRS
574.450 is available to the purchaser.
2. The written statement must be signed
and dated by the retailer or dealer and contain a space for the purchaser to
sign and date the statement as an attestation that the purchaser has read and
understands the disclosures contained in the statement.
(Added to NRS by 1993, 2150; A 1997, 2774; 2009, 2020)
NRS 574.480 Posting of notice concerning dog or cat offered for sale. A retailer or dealer shall conspicuously post
within close proximity to the primary enclosure of a dog or cat offered for
sale the following notice printed in at least 48-point type upon paper that is
at least 11 inches wide and 17 inches long:
NEVADA LAW REQUIRES THAT INFORMATION
CONCERNING THE DATE OF BIRTH, SOURCE, LINEAGE AND MEDICAL HISTORY OF THESE DOGS
(OR CATS) BE PROVIDED TO THE PURCHASER BEFORE THE COMPLETION OF ANY SALE.
(Added to NRS by 1993, 2151; A 1997, 2775)
NRS 574.485 Imposition of administrative fines for violation of NRS
574.460, 574.470 or 574.480; deposit
in State General Fund.
1. In addition to any other penalty
provided by law, the Director of the State Department of Agriculture may impose
an administrative fine on any retailer or dealer who violates the provisions of
NRS 574.460, 574.470 or
574.480 in an amount not to exceed:
For the first violation........................................................................................... $250
For the second violation........................................................................................ 500
For each subsequent violation.......................................................................... 1,000
2. All fines collected by the Director
pursuant to subsection 1 must be deposited with the State Treasurer for credit
to the State General Fund.
(Added to NRS by 1997, 2772; A 1999, 3699)
NRS 574.490 Duties upon determination that pet was sold with condition that
requires immediate treatment. If a
person purchases a pet from a retailer or dealer and, within 10 days after the
sale, a veterinarian determines that the pet has an illness, disease or other
condition that is terminal or requires immediate hospitalization or immediate
surgical intervention and that was in existence on the date of the sale, the
retailer or dealer shall, at the option of the purchaser, either:
1. Refund the purchase price of the pet if
the pet is returned or provide the purchaser with another pet of equal value;
or
2. Reimburse the purchaser, in an amount
not to exceed the purchase price of the pet, for expenses incurred by the
purchaser in obtaining a diagnosis and treatment for the pet from a
veterinarian chosen by the retailer or dealer.
(Added to NRS by 1993, 2151)
NRS 574.500 Separating dog or cat from mother; penalty.
1. A retailer, dealer or operator shall
not separate a dog or cat from its mother until it is 8 weeks of age or
accustomed to taking food or nourishment other than by nursing, whichever is
later.
2. A person who violates the provisions of
this section is guilty of a misdemeanor.
(Added to NRS by 1993, 2151; A 2009, 2020;
2011, 1608)
NRS 574.510 Knowingly selling dog or cat with condition requiring immediate
treatment prohibited; penalties.
1. A retailer or dealer who sells a dog or
cat that the retailer or dealer knows has any illness, disease or other
condition that is terminal or requires immediate hospitalization or immediate
surgical intervention and fails to disclose such information at the time of
sale is guilty of a misdemeanor. In addition to any other penalty that may be
imposed, the court may prohibit a person convicted of a violation of this
section from selling any dogs or cats for not more than 1 year.
2. For the purposes of this section, the
presence of internal or external parasites does not constitute an illness,
disease or other condition that is terminal or requires immediate
hospitalization or immediate surgical intervention unless the dog or cat is
clinically ill as a result of the parasite.
(Added to NRS by 1993, 2151)
SWAP MEETS INVOLVING ANIMALS
NRS 574.550 Sale, attempted sale, offer for adoption or transfer of
ownership of live animals prohibited at swap meets; exceptions; applicability.
1. Except as otherwise provided in
subsections 2 and 3, a person who sells or attempts to sell, offers for
adoption or transfers ownership of a live animal at a swap meet is guilty of a
misdemeanor.
2. A person may sell, attempt to sell,
offer for adoption or transfer ownership of a live animal at a swap meet if:
(a) The swap meet is conducted in a county or
incorporated city in this State that has adopted an ordinance authorizing the
sale of live animals at a swap meet;
(b) The person sells, attempts to sell, offers
for adoption or transfers ownership of the animal in accordance with the
ordinance; and
(c) The ordinance, at a minimum:
(1) Includes provisions which are
substantially similar to the provisions of NRS 574.360
to 574.510, inclusive, and are applicable to all
animals offered for sale and all persons who sell, attempt to sell, offer for
adoption or transfer ownership of an animal at the swap meet; and
(2) Does not authorize a person to commit
an act of cruelty to an animal in violation of NRS
574.050 to 574.200, inclusive.
3. The provisions of this section do not:
(a) Apply to any sale or transfer of ownership of
any livestock.
(b) Apply to any event where the primary purpose
is to sell or auction livestock or agricultural implements.
(c) Apply to any adoption of a dog or cat at an
event held outdoors by an animal shelter or rescue organization that is
recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26
U.S.C. § 501(c)(3).
(d) Apply to a person who offers for adoption or
transfers ownership of a live animal at a swap meet if:
(1) A fee is not charged or collected for
the adoption or transfer of ownership or otherwise in connection with the
transaction; and
(2) The animal has had all the required
vaccinations which are appropriate based upon the age of the animal.
(e) Exempt a person from complying with:
(1) Any requirement to obtain a license or
other authorization to engage in a business in a county or incorporated city in
this State; or
(2) Any other requirement of the county or
incorporated city to engage in business or to sell, attempt to sell, offer for
adoption or transfer ownership of a live animal at a swap meet.
4. As used in this section:
(a) “Livestock” has the meaning ascribed to it in
NRS 569.0085.
(b) “Sell” means to barter, exchange, sell,
trade, offer for sale, expose for sale, have in possession for sale, arrange
the sale of or solicit for sale.
(c) “Swap meet” means a flea market, open-air
market or other organized event at which two or more persons offer merchandise
for sale or exchange.
(Added to NRS by 2013, 1863)
STERILIZATION OF PETS
Agreements for Sterilization
NRS 574.600 Definitions. As
used in NRS 574.600 to 574.660,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 574.605 to 574.630,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 2553)
NRS 574.605 “Agreement for sterilization” defined. “Agreement
for sterilization” means the written contract between a new owner and the
releasing agency from which the new owner adopts a pet, in which the new owner
agrees to have the pet sterilized.
(Added to NRS by 1997, 2553)
NRS 574.610 “New owner” defined. “New
owner” means a person who is adopting a pet from a releasing agency.
(Added to NRS by 1997, 2554)
NRS 574.615 “Pet” defined.
1. “Pet” means an animal that is kept by a
person primarily for personal enjoyment.
2. The term does not include an animal
that is kept by a person primarily for:
(a) Hunting;
(b) Use in connection with farming or
agriculture;
(c) Breeding;
(d) Drawing heavy loads; or
(e) Use as a service animal or a service animal
in training, as those terms are defined in NRS
426.097 and 426.099, respectively.
(Added to NRS by 1997, 2554; A 2003, 2976)
NRS 574.620 “Releasing agency” defined. “Releasing
agency” means:
1. A society incorporated pursuant to NRS 574.010 to prevent cruelty to animals;
2. An animal shelter designated by a local
government for receiving and holding animals;
3. A nonprofit entity that provides for
the temporary shelter, care or placement of pets; or
4. An organization that takes into custody
pets which have been abandoned, abused or neglected and places those pets with
new owners.
(Added to NRS by 1997, 2554)
NRS 574.625 “Sterilization” defined. “Sterilization”
means a procedure performed by a veterinarian on a pet that permanently
destroys the capacity of the pet to reproduce.
(Added to NRS by 1997, 2554)
NRS 574.630 “Veterinarian” defined. “Veterinarian”
has the meaning ascribed to it in NRS 574.330.
(Added to NRS by 1997, 2554)
NRS 574.640 Restrictions on release of certain pets; exceptions.
1. Except as otherwise provided in
subsection 2, a releasing agency shall not release a pet that is:
(a) Four months old or older unless the pet has
been sterilized; or
(b) Less than 4 months old unless the pet is
released to a new owner who:
(1) Is of competent legal capacity;
(2) Pays to the releasing agency a deposit
equal to the prevailing cost to sterilize that type of pet in the county in
which the releasing agency is located, as determined by the releasing agency,
or $25, whichever is greater; and
(3) Signs an agreement for sterilization
that meets the requirements set forth in NRS 574.645.
2. This section does not apply to:
(a) A pet that:
(1) Is reclaimed from a releasing agency
by a person who already owns the pet; or
(2) Cannot be sterilized because it is
exotic or for another legitimate reason, as determined by a veterinarian.
(b) A releasing agency that imposes higher or
more stringent standards for the adoption of pets.
(c) The temporary transfer of the custody of a
pet that requires medical attention from a releasing agency to a veterinarian.
(d) The temporary or permanent transfer of the
custody of a pet from one releasing agency to another releasing agency.
(Added to NRS by 1997, 2554)
NRS 574.645 Required contents of agreement for sterilization; determination
of date for sterilization and date for notification of sterilization.
1. An agreement for sterilization required
pursuant to subsection 1 of NRS 574.640 must contain:
(a) The date on which the agreement was executed;
(b) The date on which the new owner will receive
the pet, if that date is different than the date on which the agreement was
executed;
(c) The name and address of the new owner and the
releasing agency;
(d) The signature of the new owner and the
signature, official stamp or seal of the releasing agency;
(e) A physical description of the pet to be
adopted;
(f) The date by which the pet must be sterilized,
as determined pursuant to subsection 2;
(g) The date by which the new owner must notify
the releasing agency that the pet has been sterilized, as determined pursuant
to subsection 3;
(h) The conditions pursuant to which the
releasing agency will return to the new owner the deposit paid pursuant to NRS 574.640;
(i) A clause which provides that, if the new
owner fails to comply with the terms of the agreement, the new owner must pay a
penalty to the releasing agency in an amount equal to not less than three times
the amount of the deposit required pursuant to NRS
574.640, plus the amount of court costs incurred in the action to enforce
the clause;
(j) A clause which provides that, if the new
owner fails to comply with the terms of the agreement, the releasing agency may
require the new owner to return the pet to the releasing agency within 5 days
after the new owner receives from the releasing agency written notice of the
intent of the releasing agency to enforce the clause;
(k) A clause which provides that a new owner is
not released from his or her obligations under the agreement merely because the
new owner is experiencing a financial hardship; and
(l) A statement printed in at least 14-point bold
type that a new owner who fails to comply with subsection 1 or 2 of NRS 574.655:
(1) Will forfeit his or her deposit;
(2) May be required to pay a penalty to
the releasing agency if the releasing agency brings a successful action to
enforce the clause set forth in paragraph (i); and
(3) May be required to return the pet to
the releasing agency within 5 days after the new owner receives written notice
from the releasing agency of the intent of the releasing agency to enforce the
clause set forth in paragraph (j).
2. The releasing agency shall determine
the date by which each unsterilized pet that it releases for adoption must be
sterilized. The date must be the date on which the pet is 4 months old, as
estimated by the releasing agency. If the date determined pursuant to this
subsection falls on a Saturday, Sunday or a legal holiday, the pet must be
sterilized by 5 p.m. on the next following business day.
3. The date by which the new owner must
notify the releasing agency that the pet has been sterilized must be the 14th
day after the date by which the pet must be sterilized. If that date falls on a
Saturday, Sunday or a legal holiday, the new owner must notify the releasing
agency by 5 p.m. on the next following business day.
(Added to NRS by 1997, 2555)
NRS 574.650 Postponement of date for sterilization: Letter signed by
veterinarian required; modification of agreement for sterilization.
1. Except as otherwise provided in
subsection 2, if a new owner presents to the releasing agency a letter signed
by a veterinarian which includes:
(a) A statement that the life or health of the
pet may be jeopardized by sterilization; and
(b) The veterinarian’s medical reason for that
determination,
Ê the
releasing agency may postpone for 30 days the date by which the pet must be
sterilized. An additional 30-day postponement may be granted if the new owner
presents a letter from a veterinarian stating the medical reason for the
postponement. There is no limit on the number of postponements that may be
granted pursuant to this subsection.
2. Before the releasing agency may grant a
postponement pursuant to subsection 1, the agency and the new owner must modify
the agreement for sterilization to provide amended dates by which the pet must
be sterilized and the agency must be notified of the sterilization.
(Added to NRS by 1997, 2556)
NRS 574.655 Notification of sterilization to releasing agency; exceptions;
effect of failure to comply.
1. Except as
otherwise provided in subsection 2, a new owner who signs an agreement for
sterilization and receives an unsterilized pet from a releasing agency shall:
(a) Have that pet sterilized on or before the date
specified in the agreement for sterilization; and
(b) Submit to the releasing agency, on or before
the date by which notification is required in the agreement for sterilization:
(1) A letter signed by a veterinarian:
(I) Verifying that the pet has been
sterilized;
(II) Stating the date on which the
pet was sterilized; and
(III) Providing a physical
description of the pet; and
(2) A bill or receipt from the
veterinarian verifying that the pet has been sterilized.
2. A new owner shall be deemed to have
complied with the provisions of subsection 1 if the new owner submits to the
releasing agency, on or before the date by which notification is required in
the agreement for sterilization, a signed affidavit in which the new owner sets
forth a compelling reason why he or she is unable to have the pet sterilized,
including, without limitation, that the pet has been lost or stolen. For the
purposes of this subsection, financial hardship or the negligent or willful
failure of the new owner to have the pet sterilized does not constitute a
compelling reason.
3. A releasing agency shall refund to a
new owner the deposit paid pursuant to NRS 574.640
within 15 days after receipt of the letter and the bill or receipt required
pursuant to subsection 1 or the affidavit required pursuant to subsection 2.
4. If a new owner fails to comply with
subsection 1 or 2, the releasing agency:
(a) Shall retain the deposit paid by the new
owner;
(b) May bring an action against the new owner in
the Justice Court in whose jurisdiction the releasing agency is located to
enforce the clause included in the agreement for sterilization pursuant to
paragraph (i) of subsection 1 of NRS 574.645; and
(c) May require the new owner to return the pet
to the releasing agency pursuant to the clause included in the agreement for
sterilization pursuant to paragraph (j) of subsection 1 of NRS 574.645. The releasing agency must notify the new
owner in writing of its intent to enforce the clause included in the agreement
pursuant to paragraph (j) of subsection 1 of NRS
574.645.
(Added to NRS by 1997, 2556)
NRS 574.660 Duty of releasing agency to establish account; deposit of money;
authorized expenditures.
1. Each
releasing agency shall:
(a) Establish an account at a bank, credit union
or savings and loan association that is located within the State of Nevada; and
(b) Place in that account:
(1) A deposit paid by a new owner pursuant
to NRS 574.640; and
(2) Money collected by the agency pursuant
to subsection 4 of NRS 574.655.
2. The releasing agency may expend money
in such an account only to:
(a) Provide education and information regarding
the sterilization of pets;
(b) Provide financial assistance to persons with
financial need to enable such persons to have their pets sterilized; and
(c) Carry out and enforce NRS
574.600 to 574.660, inclusive.
3. If a releasing agency is an agency or
instrumentality of a local government, money in such an account at the end of
the fiscal year does not revert to the general fund of the local government but
remains in the account for expenditure pursuant to subsection 2.
(Added to NRS by 1997, 2557)
Miscellaneous Provisions
NRS 574.670 Duty of veterinarians and governmental entities to post local
sterilization requirements.
1. A licensed veterinarian shall post
written notice in a conspicuous place in the veterinarian’s office of any
sterilization requirements for dogs or cats required by local ordinance.
2. A governmental entity with jurisdiction
over a public park in which dogs or cats are allowed shall post written notice
in a conspicuous place in the park of any sterilization requirements for dogs
or cats required by local ordinance.
3. As used in this section, “licensed
veterinarian” has the meaning ascribed to it in NRS 638.007.
(Added to NRS by 2009, 2018)
