Nye County, Nevada

6.04.040: Definitions

BREEDER:  A dealer, operator or other person who is engaged in the breeding of dogs or cats for sale or trade. One who sells, trades, or gives away, any number of cats or dogs in one (1) year, born and raised on his or her premises.

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COMMERCIAL KENNEL: A place where any numbers of dogs or cats are boarded and kept for commercial purposes, including breeding, boarding, or training. This term does not include state inspected veterinary hospitals, or an Animal Shelter designated by local government.

6.08.020: Commercial Kennel Permits

A. A person may keep any number of dogs or cats at any one location, residence, residential property, or commercial property (commercial property is the preferred location) provided that such person:

1. Keeps such animals for the purpose of providing an Animal Rescue or Animal Sanctuary facility or for commercial purposes, including breeding, boarding or training;

2. Obtains a Commercial Kennel permit;

3. Pays an annual fee pursuant to section 6.04.050 of this title; and

4. All animals maintained in these facilities, except those animals meant for resale which are less than six (6) months old, must be vaccinated against rabies in accordance with Nye County Code, Chapter 8.30, titled “Rabies Control” and this chapter.

B. The granting of a Commercial Kennel permit is at the discretion of Animal Services for the purposes described above and may be conditioned to address grandfathering, as defined in this title, of existing facilities, health and safety concerns, local zoning requirements or to prevent the animals from becoming unlawful. Animal Services will conduct an initial inspection of the facility and will periodically conduct follow-up inspections to assure the facility continues to meet the standard. Commercial Kennel permits are site specific and nontransferable.

1. The applicant must complete the Commercial Kennel Permit Application and submit the following required items:

a. One photograph of the Owner and facility manager; and

b. Conditional Use Permit, if applicable, obtained from the Nye County Planning Department pursuant to Nye County Code, Title 17; and

c. Copy of current USDA, USDI, NDOW Certificates or other applicable certificates i.e. animal husbandry and so on; and

d. Copy of the facility emergency management plan(s) i.e. recapture, destruction, evacuation; and

e. Current Animal Inventory with photographs of each animal; and

f. Copy of the Applicant(s) Driver’s License; and

g. Fingerprints; and

h. Photographs of the kennel and kennel site; and

i. Copy of the Town Business License (as applicable); and

j. Copy of filing of the Fictitious Firm Name with the Nye County Clerk’s Office; and

k. Completed and notarized application; and

l. Payment of License Fees.

C. A Commercial Kennel permit may be denied by Animal Services. If Animal Services denies a Commercial Kennel permit, the Owner shall be advised in writing of the reasons.  The Owner may appeal the decision to the Board pursuant to section 6.40.010 of this title.

1. A Commercial Kennel permit may be denied, suspended or revoked by Animal Services for the following reasons including but not limited to the completion of a Kennel Permit Application:

a. Animal cruelty

b. Animals maintained in crates or cages too small to accommodate easy standing, sitting, lying down or turning around within the cage or confined area.

c. Unclean or unsanitary conditions.

d. Animals deprived of medical services

e. Unsafe conditions.

f. Lack of food and water

g. No rabies certificate prior to selling/transferring/giving the animal to another person.

h. Providing ineffective protection from the elements and/or not meeting the cold or heat temperature requirements.

i. Or any special conditions the Owner has agreed to in order to obtain the Permit.

j. Applicant or designee shall not have been convicted of any violation of any state or federal wildlife regulations within ten (10) years of the date of application, or any offense involving cruelty to animals.

D. A Commercial Kennel permit may be suspended or revoked by Animal Services for a violation of this title or a violation of any condition(s) imposed on the Permittee.

E. If Animal Services suspends or revokes the permit, the Permittee shall be advised in writing of the reasons.  The Owner may appeal the decision to the Board pursuant to section 6.40.010 of this title.

6.15.010: Breeder

A Breeder shall comply with section 6.08.020 of this title and Nye County Code Title 17 relating to Commercial Kennel Permits.

A Breeder shall not:

A. Sell a dog or cat:

1. Unless the dog or cat has had:

a. A registered microchip subcutaneously inserted into the dog or cat; and

b. All the required vaccinations for rabies which are appropriate based upon the age of the dog or cat; or

2. Without providing a written sales contract to the purchaser; or

B. Breed a female dog:

1. Before she is eighteen (18) months old; or

2. More than once a year.

6.15.020: Breeder Permit

A. A Breeder shall obtain an annual permit issued by Animal Services to act as a Breeder.

B. A permit shall be issued and assigned a permit number to each Breeder who:

1. Submits an application on a form provided by Animal Services;

2. Pays an annual fee pursuant to section 6.04.050 of this title; and

3. Complies with all applicable requirements prescribed by this title.

4. The application requirements are noted below:

a. Breeder permit may be denied by Animal Services for the following reasons including but not limited to the completion of a Breeder Permit Application. The following items are required:

(1) One photograph of the Owner and facility manager; and

(2) Conditional Use Permit, if applicable, obtained from the Nye County Planning Department per title 17.04.110; and

(3) Copy of current USDA, USDI, NDOW Certificates or other applicable certificates i.e. animal husbandry and so on; and

(4) Copy of the facility emergency management plan(s) i.e. recapture, destruction, evacuation; and

(5) Current Animal Inventory with photographs of each animal; and

(6) Copy of the Applicant(s) Driver’s License; and

(7) Fingerprints; and

(8) Photographs of the Breeder site; and

(9) Copy of the Breeder Health Certificate; and

(10) Copy of the Town Business License (as applicable); and

(11) Copy of filing of the Fictitious Firm Name with the Nye County Clerk’s Office; and

(12) Completed and notarized application; and

(13) Payment of License Fees; and

(14) In addition operating Breeder Permits may be revoked for the following:

(15) Animal cruelty

(16) Animals maintained in crates or cages to small to accommodate easy standing, sitting, lying down or turning around within the cage or confined area.

(17) Unclean or unsanitary conditions.

(18) Animals deprived of medical services

(19) Unsafe conditions.

(20) Lack of food and water

(21) No rabies certificate prior to selling/transferring/giving the animal to another person.

(22) Providing ineffective protection from the elements and/or not meeting the cold or heat temperature requirements.

(23) Or any special conditions the Owner has agreed to obtain the Permit.

(24) Applicant or designee shall not have been convicted of any violation of any state or federal wildlife regulations within ten (10) years of the date of application, or any offense involving cruelty to animals. (should not be able to get a permit)

C. A permit shall contain the address of the premises at which the person may act as a Breeder.

D. The number of the permit assigned to the Breeder shall 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.

E. Animal Services may enter and inspect the premises specified on a Breeder permit at any reasonable hour to inspect the premises.

F. A Breeder’s permit may be suspended, revoked or denied by Animal Services for a violation of Nye County Code Title 6 Animals, or Nye County Code Title 17 Commercial Kennels or applicable NRS.

G. When Animal Services denies a Breeder permit, the Breeder shall be advised in writing of the reasons. The owner may appeal the decision to the Board of County Commissioners pursuant to section 6.40.010 of this title.

H. When Animal Services suspends or revokes the permit, the Permittee shall be advised in writing of the reasons. The Permittee may appeal the decision to the Board of County Commissioners pursuant to section 6.40.010 of this title.

6.15.190: Annual Inspection Of Premises Required

A. Any Retailer, Dealer or Operator which is required to obtain and/or maintain a business license shall have their premises inspected annually with periodic follow-up inspections conducted throughout the year by Animal Services to ensure compliance with the provisions of this chapter.

B. If it is determined by Animal Services that the premises failed inspection, the Retailer, Dealer or Operator shall be advised in writing of the reasons. The Retailer, Dealer or Operator may appeal the decision to the Board of County Commissioners pursuant to section 6.40.010 of this title.