These Washoe County, Nevada ordinances prohibit any person from keeping an animal unless the area in which the animal lives is kept clean and free of offensive odors and animal wastes. Additionally, these ordinances also require that any person who wishes to keep more than 3 adult dogs or 7 adult cats obtain a permit; permit requirement, exemption, and revocation or suspension provisions are also included, as are the penalties for violating these provisions.
55.110 Keeping of animals in sanitary conditions.
...
55.390 Permit to keep more than three dogs over 4 months of age or 7 cats over four months of age.
55.400 Permit to keep more than three adult dogs or seven adult cats: Applications; inspections; fees.
55.410 Kennel requirements for keeping more than three adult dogs.
55.415 Permit: Cattery requirements; specifications.
55.420 Approval, disapproval of application to keep more than three adult dogs or seven adult cats; issuance of permit;
appeals.
55.430 Kennel or cattery permit not required; circumstances.
55.440 Permit fees; exemptions.
55.450 Suspension; revocation of permit; appeal to animal control board; hearing.
...
55.800 Penalties.
55.110 Keeping of animals in sanitary conditions.
No person shall keep any animal unless its area is kept clean and free from offensive odors and animal wastes.
['13, Ord. No. 1207]
...
55.390 Permit to keep more than three dogs over 4 months of age or 7 cats over four months of age.
Except as provided in section 55.430, a person shall not keep more than three dogs over 4 months of age nor more than seven cats over 4 months of age, for more than 30 days at any place or residence within a congested area without a permit issued in accordance with section 55.400 to 55.420, inclusive. For purposes of this chapter, a dog over 4 months of age shall be deemed an adult dog and a cat over 4 months of age shall be deemed an adult cat.
['43, Ord. No. 1207; A Ord. No. 1269]
55.400 Permit to keep more than three adult dogs or seven adult cats: Applications; inspections; fees.
1. Application for a permit to keep more than three adult dogs or seven adult cats must be made to the animal services staff. The application for a permit to keep more than three adult dogs must:
(a) Specify the number and breed or breeds of dogs for which the permit is requested;
(b) Be accompanied by construction drawings showing the proposed design and location of the kennel required under section 55.410. If the dogs are to be kept in an existing kennel, a detailed drawing of the kennel must be submitted. All drawings must specify the type and size of the kennel, the type of material used to construct the kennel and the location of the kennel on the premises; and
(c) Be accompanied by an application fee in the amount established by the board. A releasing agency as defined herein is exempt from the application fee.
2. An application for a permit to keep more than seven adult cats must:
(a) Specify the maximum number of cats for which a permit is requested;
(b) Be accompanied by construction drawings showing the proposed design and location of the cattery required under Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-28 section 55.415. If the cats are to be kept in an existing cattery, a detailed drawing of the cattery must be submitted. All drawings must specify the type and size of the cages, the type of material used to construct the cattery and the location of the cattery on the premises; and
(c) Be accompanied by an application fee in the amount established by the board. A releasing agency as defined herein is exempt from the application fee.
3. Upon receipt of the application to keep more than three adult dogs, an animal control officer shall review the drawings of the kennel and inspect the premises for which the application for a permit is made to determine that:
(a) Keeping the dogs at the location specified in the application will not violate any state or local laws or regulations;
(b) The kennel will meet the requirements contained in section 55.410.
(c) Maintenance of the dogs will not endanger the peace, health or safety of persons residing in the county;
(d) The premises are capable of being maintained in a clean and sanitary condition, and any dog therein will not be subject to neglect, cruelty or abuse; and
(e) Keeping and maintaining the dogs will not constitute a nuisance as defined herein.
4. Upon receipt of an application to keep more than seven adult cats, an animal control officer shall review the drawings of the cattery and inspect the premises for which the application for a permit is made to determine that:
(a) Keeping the cats at the location specified in the application will not violate any state or local laws or regulations;
(b) The cattery will meet the requirements contained in section 55.415;
(c) Maintenance of the cats will not endanger the peace, health or safety of persons residing in the county;
(d) The premises are capable of being maintained in a clean and sanitary condition, and any cat therein will not be subject to neglect, cruelty or abuse; and
(e) Keeping and maintaining the cats will not constitute a nuisance as defined herein.
['44, Ord. No. 1207; A Ord. No. 1269]
55.410 Kennel requirements for keeping more than three adult dogs.
1. The dogs which are the subject of the permit to keep more than three adult dogs must be kept in a kennel or under the immediate supervision of a responsible adult, except when Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-29 inside the residence.
2. Except as provided in subsection 4, new kennels must:
(a) Be not less than 6 feet in width by 10 2 feet in length by 6 feet in height (540 cubic feet) for four small size dogs, such as Toy Poodles, Pekinese and Chihuahuas. The width of the kennel must be increased by 2 feet for each additional dog.
(b) Be not less than 14 feet in width by 12 feet in length by 6 feet in height (1,008 cubic feet) for four medium size dogs such as Labrador Retrievers, German Shepherds and Collies. The width of the kennel must be increased by 4 feet for each additional dog.
(c) Be not less than 18 feet in width by 20 feet in length by 6 feet in height (2,160 cubic feet) for four large size dogs such as Saint Bernards and Great Danes. The width of the kennel must be increased by 6 feet for each additional dog.
3. In addition to the requirements of subsection 2, new kennels must:
(a) Be constructed of 11.5 gauge chain link fence or sturdier or of other material of equal strength upon approval of the animal control officer;
(b) Have a concrete floor. Wood, gravel or dirt flooring is permitted if the posts supporting the kennel walls have concrete footings not less than 24 inches in depth and the perimeter of the kennel has a concrete footing, or material of similar strength upon approval of the animal control officer, at least 6 inches wide and not less than 12 inches deep. The walls of the kennel shall be securely fixed to the concrete floor or footings. When deemed necessary by the animal control officer, the top of the kennel shall be enclosed and shall be securely attached to the walls; and
(c) Contain an area sheltered from adverse climatic conditions to which the dogs have access at all times.
4. Width and length of kennels may be altered upon approval of the animal control officer provided that the overall cubic foot size requirements specified in subsection 2 are met for the types and number of dogs kept. The kennel construction requirements of subsection 2 and 3 do not apply to animals to be kept inside the owner's residence.
5. If the dogs will be kept in an existing kennel, an animal control officer shall inspect the kennel to determine that it is adequate or meets the requirements contained in this section. The animal control officer may specify alterations to be made to an existing kennel to meet the requirements of this section.
['45, Ord. No. 1207; A Ord. No. 1269]
55.415 Permit: Cattery requirements; specifications.
The cats which are the subject of the permit must be kept in a cattery. The cattery must conform to the Cat Fancier Association's Cattery Standards, as determined by an animal control officer. If cages are used to house the cats, they must meet the minimum space requirements of 30 cubic feet as specified in the Cat Fancier Association's Cattery Standards. The cattery permit requirements stated in this chapter do not apply to the unincorporated area of Washoe County.
['14, Ord. No. 1269]
55.420 Approval, disapproval of application to keep more than three adult dogs or seven adult cats; issuance of permit; appeals.
1. Within 10 days following the inspection of the premises and review and approval of the kennel or cattery, if already existing, or of the drawings for a new kennel or cattery, the animal control officer must notify, in writing, each person residing within 200 feet of the location at which the dogs or cats will be kept or maintained and each person residing on property adjacent to the property for which the permit application has been filed that a kennel or cattery permit application has been filed and the street address of the applicant. If no objection to the application is filed within the time limit and in the manner hereinafter provided, the county shall notify the applicant that he may proceed to construct or remodel the kennel or cattery as the case may be. The animal control officer shall not authorize the issuance of a permit to keep more than three adult dogs or seven adult cats unless the officer can make the findings set forth in section 55.400(3) for a kennel permit, or section 55.400(4) for a cattery permit. In addition, the animal control officer may specify additional conditions on the issuance of the permit.
2. If any person notified pursuant to subsection 1, objects to the issuance of the permit, he may, within 15 days after receipt of notification, file a written objection to the animal services staff. When a written objection is filed, the animal services staff shall notify the applicant of the filing of the written objection and the date on which the matter will be heard by the animal control board.
3. If the applicant for the permit objects to the animal control officer's recommendations concerning construction or remodeling of the kennel or cattery, objects to other conditions imposed by the animal control officer on the permit, or wishes to appeal a denial of a permit, the Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-31 applicant may file an appeal with the county for a hearing before the animal control board. Any such appeal must be filed within 30 days of the animal control officer's decision regarding the kennel or cattery or denial of the permit.
4. All proceedings of the animal control board shall be conducted in accordance with the provisions of Chapter 241 of the NRS. At the hearing, the animal control board will consider all objections filed and other evidence presented and may approve or prohibit the keeping of more than three adult dogs or seven adult cats on the premises. In taking action on the appeal, the animal control board may add to or modify conditions it deems necessary or advisable to the permit.
5. If the applicant is required to construct or remodel the kennel or the cattery, he must apply to the building department in the jurisdiction where the kennel or cattery is to be located for the appropriate permits if required, within 15 days of receipt of notice that authorization is granted. The kennel or cattery must be constructed or remodeled within 60 days of the animal control board authorization and in compliance with the plans reviewed by the county, including any conditions imposed thereon by the animal control officer and/or the animal control board. In case of demonstrated hardship or for other good cause, the animal control officer may permit a longer period of time in which to construct or remodel the kennel or cattery.
6. Upon completion of the construction or remodeling of the kennel or cattery in accordance with requirements established by the animal control officer and/or the animal control board, the county shall issue the kennel or cattery permit.
7. If the applicant is unable to comply with the kennel or cattery remodel or construction requirements of Chapter 55 or any condition imposed on the permit by the animal control officer or animal control board, the applicant may re apply for a permit to the animal control board for appropriate relief.
8. If the animal control board denies the appeal thereby prohibiting the keeping of more than three adult dogs or seven adult cats on the premises, the applicant must comply with the provisions of section 55.390 within 30 days of the board's action. If the kennel or cattery is not constructed or remodeled within the time limit specified in subsection 5, the applicant must immediately comply with the provisions of section 55.390 or reapply to the Washoe County animal control board for appropriate relief.
9. The decision of the animal control board is final and a person aggrieved by the decision may seek judicial review thereof and must file a petition for writ of mandamus within Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-32 30 days of the animal control board=s decision at its meeting.
10. Failure of the county to take action on the kennel or cattery application within 120 days from the date of application will constitute approval of the issuance of the permit.
11. As a condition of approval of a kennel or cattery permit, the permittee agrees to allow an animal control officer to inspect the premises that are the subject of the permit upon reasonable notice at a reasonable time. Special inspection requests will be considered.
['46, Ord. No. 1207; A Ord. No. 1269]
55.430 Kennel or cattery permit not required; circumstances.
1. A permit to keep more than three adult dogs or seven adult cats is not required and the provisions of sections 55.390 to 55.420, inclusive, do not apply to:
(a) Kennels or catteries used to board animals owned by other persons and operated pursuant to a duly issued business license;
(b) Kennels used by a member of a public law enforcement agency for dogs in the service of that agency;
(c) Dogs or cats under the age of 4 months if kept within a sufficient enclosure;
(d) Dogs or cats held by or in the custody or in the control of persons who are nonresidents of the county and who are temporarily in the county for a period not to exceed 30 days;
(e) Dogs or cats brought to the county for participation in any dog or cat show or exhibition;
(f) Dogs or cats belonging to activated military personnel that are being cared for by a resident of the county for the period of the activation, but in no event for a period greater than 12 months; and
(g) Service animals.
['47, Ord. No. 1207; A Ord. No. 1269]
55.440 Permit fees; exemptions.
1. A person owning or operating a kennel pursuant to a permit shall pay an annual permit fee set by the board of county commissioners. The fee shall be paid each year not later than one year from the date on which the initial fee was paid.
2. A person owning or operating a cattery pursuant to a permit shall pay an annual permit fee set by the board of county commissioners. The fee shall be paid each year not later than one year from the date on which the initial fee was Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-33 paid.
3. The fee required under section 55.400 will not be charged if the principal purpose of operating the kennel is to keep and maintain helping dogs, hearing dogs, guide dogs, or a releasing agency as defined by 55.010.
['48, Ord. No. 1207; A Ord. No. 1269]
55.450 Suspension; revocation of permit; appeal to animal control board; hearing.
1. The holder of a kennel or cattery permit is subject to continued compliance with the provisions of sections 55.400 to 55.420, inclusive, and to any conditions imposed on the kennel or cattery permit. A kennel or cattery permit issued under sections 55.400 to 55.420, inclusive, may be suspended or revoked for failure of the permittee to comply with the provisions of sections 55.400 to 55.420, inclusive, or with any condition(s) imposed on the permit.
2. If an animal control officer becomes aware that a permittee in not complying with the provisions of sections 55.400 to 55.420, inclusive, or with any conditions imposed on the permit, the animal control officer may suspend or revoke the kennel or cattery permit. If the animal control officer suspends or revokes a kennel or cattery permit, the permittee shall be advised in writing of the reason or reasons therefor and may file an appeal of that decision to the animal control board not later than 14 days after receiving the written notice. A failure to appeal the decision of the animal control officer within 14 days constitutes an admission that the decision is well founded and precludes further administrative or judicial review.
3. Upon an appeal being filed, the animal control board shall, within 30 days, hold a hearing on the appeal.
4. The animal control board may take any testimony and evidence it deems necessary. All proceedings shall be conducted in accordance with the provisions of Chapter 241 of the NRS.
5. The decision of the animal control board sustaining, reversing, or sustaining with conditions the action of the animal control officer shall include findings of fact and be transmitted in writing to the applicant within 10 working days.
6. The permittee aggrieved by the decision of the animal control board may seek judicial review thereof and must file a petition for writ of mandamus within 30 days of the animal control board's decision at its meeting. During the course of judicial review, the kennel or cattery permit shall be continued until a decision is rendered by the district court. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-34
['49, Ord. No. 1207; A Ord. No. 1269]
...
55.800 Penalties.
1. Except when a civil penalty is imposed pursuant to NRS 244.359 as provided below, any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $50 or more than $1,000, or by both fine and imprisonment. Failure to appear in the proper court to answer to such misdemeanor citation is a separate offense.
2. Each day that a violation occurs constitutes a separate offense.
3. For any second conviction for violation of the same provision of this chapter, such person violating that provision shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $100 nor more than $1,000, or both fine and imprisonment.
4. In lieu of all or part of the criminal penalty which may be imposed pursuant to this section, the convicted person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed by law.
5. Except as prohibited by NRS 244.359, and in lieu of any criminal penalty which may be imposed for the violation(s) of any ordinance enacted pursuant to NRS 244.359(3), a civil penalty in favor of the county may be imposed in an amount not to exceed $500. In order to impose a civil penalty as authorized by NRS 244.359, a peace officer or an animal control officer shall serve upon a person a "Notice of Civil Penalty" (NCP). The NCP shall contain the information required in WCC 55.800(8) and will be adjudicated in accordance with WCC 55.800(6) through 55.800(16) inclusive. A NCP is a civil infraction in nature and is not to be considered a criminal Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-57 offense for any reason. All civil penalties collected pursuant to WCC 55.800 shall be payable directly to Washoe County and shall be placed in the County's general fund.
6. Violation-Civil Infraction. It is a civil infraction for which a civil penalty may be imposed against an animal owner and in favor of the County, for an animal to be found in violation of any of the animal ordinances which are set forth in WCC 55.010 through 55.800 to the extent allowed by law.
7. Notice of civil penalty. Whenever any animal is found in violation of the animal ordinances which are set forth in WCC 55.010 through 55.800, a NCP may be issued. In lieu of issuing a NCP, a written warning may be served upon the owner of the animal by affixing the warning to the place of residence in a conspicuous place. The written warning shall be imprinted so as to advise the owner that the owner has violated the animal control ordinances, which animal control ordinances the owner violated, but that it carries no civil or criminal penalty.
8. Notice of civil penalty - Form. The NCP authorized by WCC 55.800(5) must be on a form which is provided by Washoe County Regional Animal Services and must contain the following information or as much of the following information as reasonably possible:
(a) The name and address of the alleged violator;
(b) The location at which the violation occurred together with the date and approximate time of the violation;
(c) The description of the animal found in violation of WCC 55.010 through 55.800 together with the section(s) of the Washoe County Code allegedly violated;
(d) The name of the peace officer or animal control officer who issues the notice of civil penalty;
(e) Information which advises of the manner in which the violation occurred, and the time within which, the NCP should be answered;
(f) Information that Washoe County Regional Animal Services Center (WCRASC) is the Washoe County agency where the alleged violator shall appear. The NCP shall also contain the address, telephone number and the hours of operation of WCRASC;
(g) The amount of civil penalty imposed together with a statement that the NCP shall not be considered a criminal offense for any purpose and that a person who commits the infraction shall not be arrested as a result; the NCP shall also inform the person served that failure to respond to the NCP within 30 days of the date of issuance shall be deemed an admission of liability and a waiver of any right to a hearing and will result in the imposition of an additional $25.00 Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-58
administrative assessment;
(h) The NCP shall also advise the individual that the Washoe County Board of Commissioners authorizes animal services to accept as payment in full for the civil penalty, one half of the authorized penalty indicated on the NCP if the individual pays that amount within 30 days of issuance.
9. Issuance. The notice of civil penalty may be issued by any peace officer or animal control officer. The NCP may be issued by the peace officer or animal control officer based upon a written and signed statement of a complaining party. In such a case, the complaining party must appear at a hearing subsequently scheduled pursuant to WCC 55.800(13) (d) below, to testify. If the complaining party does not appear at the hearing in the case, the NCP will be dismissed and the respondent released from liability.
10. Filing. The notice of civil penalty and/or an electronic facsimile thereof, must be filed with and retained by Washoe County Regional Animal Services and is deemed to be a public record of matters which are observed pursuant to a duty which is imposed by law and is prima facie evidence of the facts which are alleged therein. The notice of civil penalty must be served on the person to whom it is issued as provided in section 55.800(11).
11. Service. The notice of civil penalty may be served upon the owner of the animal by personal service, regular US Postal Service mail to the last known address of the owner, or by affixing the notice to the place of residence in a conspicuous place. Service of the notice of civil penalty by mail or affixation has the same force and effect and is subject to the same penalties for the disregard thereof as if the notice of civil penalty were personally served on the owner.
12. Liability. The owner of an animal is liable for all of the civil penalties which are imposed pursuant to this chapter. The following civil penalties are hereby authorized by the Board of County Commissioners:
(a) For the first NCP relating to an ordinance: $100.00
(b) For second or subsequent NCPs issued for the same ordinance, as follows:
(1) Second NCP - $200.00
(2) Third or subsequent NCP - $400.00
(c) A peace officer or animal control officer may issue a criminal citation for a fourth or subsequent violation by the owner of the same ordinance within a three year period.
13. Notice of civil penalty-duties of animal owner/respondent. Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-59
(a) A person who responds ("the respondent") to a notice of civil penalty must either:
(1) "Admit" the commission of the civil infraction and pay the civil penalty imposed on the NCP, or
(2) "Deny" liability for the civil penalty.
(b) A person may "admit" pursuant to paragraph (1) of subsection (a) of this section by paying the amount of the civil penalty which is appropriate for the violation and which has been approved by the Washoe County Board of Commissioners.
(c) A person may "deny" liability pursuant to paragraph(2) of subsection (a) of this section by appearing in person at or by telephone contact to the Washoe County Regional Animal Services Center within 30 days of the date of issuance of the NCP to request a hearing, at which time, a date for a hearing and assignment of a hearing officer on the NCP shall be scheduled.
(d) Assignment of the hearing officer to each case will be on a fixed daily rotation basis, but the hearing officer must be chosen from a list of hearing officers approved by the Washoe County Board of Commissioners. Only one hearing officer will be so assigned per day to hear scheduled cases. The assigned hearing officer is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law. At the hearing, the hearing officer shall have the authority to require every witness to declare, under penalty of perjury, that he will testify truthfully, by oath or affirmation,
administered by the hearing officer. An affirmation is sufficient if the witness is addressed in the following terms: "Do you solemnly swear or affirm that the evidence you shall give in this matter now pending shall be the truth, the whole truth and nothing but the truth." Assent to this affirmation shall be made by the answer "I do". The hearing officer shall not accept evidence from any party that does not assent to the affirmation.
(e) At that hearing, any witness may present relevant evidence regarding the infraction and the issuance of the NCP. If the hearing officer finds that the civil infraction has not occurred or a civil infraction has been committed but the respondent asserts and proves one or more legal defenses to the NCP, the hearing officer may dismiss the NCP and release the owner from liability.
(f) If the hearing officer finds that a civil infraction has been committed and no defense exists, the hearing officer may, in the interest of justice and on behalf of the County, enter into an agreement for the timely or periodic payment of the applicable civil penalty.Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-60
(g) In a contested hearing, the respondent against whom the hearing officer has entered a finding of liability and has assessed a civil penalty, by default or otherwise, may, if the assessed fine has been paid, seek judicial review thereof by filing a petition for a writ of mandate in the district court within 30 days of the hearing officer's findings.
(h) If the person served with a NCP fails to respond as set forth in this subsection, animal services may serve on the violator by mail or by personal service, an overdue notice which shall contain payment instruction including the address to which payments should be mailed or personally delivered. The overdue notice shall also state that payment of the civil penalty in accordance with WCC 55.800(8)(h) is no longer available to the violator and that the entire amount of the civil penalty indicated on the NCP shall be paid. In addition, the overdue notice shall inform the violator that an additional administrative assessment of $25.00 will also be
charged.
14. Judicial enforcement. Judicial enforcement of a notice of civil penalty must be by way of civil suit in the appropriate Justice's Court. A certified copy of the notice of civil penalty constitutes a prima facie showing that a civil infraction occurred.
15. Commencement of civil action - Procedure. The civil action authorized in WCC 55.800(14) may be commenced at any time after the expiration of 60 days following the date on which the notice of civil penalty was served pursuant to WCC 55.800(11) or 60 days following the hearing officer's findings, by the filing of a complaint in the name of Washoe County and the issuance of a summons with respect thereto. Service of such complaint and summons on the defendant must be made by certified mail, return receipt requested, addressed to the registered owner of the animal at the owner's last known address, as indicated by any animal identification or in any other manner which is authorized by law. The proceedings in the Justice's Court for actions commenced pursuant this chapter shall be governed by the appropriate Justice Court Rules of Civil Procedure.
16. Time limit. Civil actions pursuant to this chapter may only be commenced within one year after the date on which the civil penalty occurred, and the standard of proof which is applied is the preponderance of the evidence. The County has satisfied its burden of proof if it shows that a civil infraction occurred and that the animal was owned by, registered to, or in the custody of the defendant on the date the NCP was served, unless either of these elements is satisfactorily rebutted by the defendant. The defendant may Washoe County Code Supplement 13, April 2012 CHAPTER 55 - ANIMALS AND FOWL Page 55-61assert and prove defenses as allowed by law and the court may dismiss the notice of civil penalty if it finds that a defense has been proven by the respondent.
17. Administrative Enforcement Authority. In addition to any criminal or civil penalties which are authorized by this chapter, in the sole discretion of Washoe County Regional Animal Services and in lieu of the process contained in WCC 55.800(5) through 55.800(16), any animal control officer is authorized to utilize the administrative enforcement procedures contained within WCC Chapter 125 in appropriate cases.
['82, Ord. No. 1207; A sec. 4, Ord. No. 1460 eff. 4-1-2011]