TITLE 20. COUNTIES AND TOWNSHIPS; FORMATION, GOVERNMENT AND OFFICERS
CHAPTER 244. COUNTIES: GOVERNMENT HEALTH AND SAFETY
244.359. Ordinances concerning control of animals; license fee; applicability.
1. Each board of county commissioners may enact and enforce an ordinance or ordinances:
(a) Fixing, imposing and collecting an annual license fee on dogs and providing for the capture and disposal of all dogs on which the license fee is not paid.
(b) Regulating or prohibiting the running at large and disposal of all kinds of animals.
(c) Establishing a pound, appointing a poundkeeper and prescribing his duties.
(d) Prohibiting cruelty to animals.
2. Any ordinance or ordinances enacted pursuant to the provisions of paragraphs (a) and (b) of subsection 1 may apply throughout an entire county or govern only a limited area within the county which shall be specified in the ordinance or ordinances.
TITLE 21. CITIES AND TOWNS
CHAPTER 266. GENERAL LAW FOR INCORPORATION OF CITIES AND TOWNS POWERS OF CITY COUNCIL
266.325. Control of animals and poultry; collection of fee.
The city council may:
1. Fix, impose and collect an annual license fee on all animals and provide for the capture and disposal of all animals on which the license fee is not paid.
2. Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.
3. Establish a pound, appoint a poundkeeper and prescribe his duties.
4. Prohibit cruelty to animals.
TITLE 50. ANIMALS
CHAPTER 574. CRUELTY TO ANIMALS: PREVENTION AND PENALTIES
SOCIETIES FOR PREVENTION OF CRUELTY TO ANIMALS
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 (chapter 78 of NRS), for the purpose of preventing cruelty to animals, may avail themselves of the privileges and benefits of NRS 574.010 to 574.040, inclusive.
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.
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.
574.040. Arrests by members, agents and officers; exhibition of badge; resistance to officers unlawful.
1. Except as otherwise provided in NRS 574.350, all members, agents and all local and district officers of each of the societies so incorporating, as shall by the trustees of the societies be authorized in writing, approved by the district judge of the county, and sworn in the same manner as peace officers are sworn, may make arrests for the violation of the provisions of this chapter in the same manner as is provided for other officers.
2. All such members shall, when making such arrests, exhibit and expose a suitable badge, to be adopted by the society.
3. All persons resisting such specially appointed officers, as such, shall be punished for that resistance in the same manner as is provided for the punishment of resistance to other officers.
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. "Torture" or "cruelty" includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.
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 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. When an officer takes possession of an animal, he 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, he shall post the notice on the property from which he 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 subsection 2 or, if he 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. This section does 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 subsection 2 of NRS 574.100 and the impoundment is accomplished with the concurrence and supervision of the sheriff or his designee, a licensed veterinarian and the district brand inspector or his designee. In such a case, the sheriff shall direct that the impoundment occur no later than 48 hours after the veterinarian determines that a violation of subsection 2 of NRS 574.100 exists.
7. The owner of an animal impounded in accordance with subsection 6 must, before the animal is released to his 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 division of agriculture of the department of business and industry shall sell the animal. The division shall pay to the owner the proceeds of the sale remaining after deducting the charges reasonably related to the impoundment.
574.100. Overdriving, torturing, injuring or abandoning animals; failure to provide proper sustenance; penalty.
Except in any case involving a willful or malicious act for which a greater penalty is provided by NRS 206.150, a person who:
1. Overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether belonging to himself or to another;
2. Deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink;
3. Causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink;
4. Willfully sets on foot, instigates, engages in, or in any way furthers an act of cruelty to any animal, or any act tending to produce such cruelty; or
5. Abandons an animal in circumstances other than those prohibited in NRS 574.110, is guilty of a misdemeanor.
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 he 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 him to view the same in his 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 his 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.
574.120. Failure to provide proper food and water to impounded animal; penalty.
1. A person who, having impounded or confined any animal, refuses or neglects to supply to such animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water is guilty of a misdemeanor.
2. If any animal shall be at any time impounded as provided in subsection 1, and shall continue to be without necessary food and water for more than 12 successive hours, it shall be lawful for any person from time to time, and as often as it shall be necessary, to enter into and upon any pound in which any such animal shall be so confined and to supply it with necessary food and water, so long as it shall remain so confined. Such person shall not be liable to any action for such entry, and the reasonable cost of such food and water may be collected by him from the owner of such animal, and the animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor.
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.
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.
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 by domestic cattle, whether the horse, mule or domestic cattle are the property of himself 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 himself or another, is guilty of a gross misdemeanor.
3. This section does not prohibit the destruction of noxious animals.
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.
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.
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.
574.200. Intended applicability of provisions.
The provisions of NRS 574.050 to 574.190, inclusive, and 574.210 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.