Spay/Neuter Law in Elko County, Nevada

7-2-4: LICENSE – FEES:

(A) It is unlawful for an owner to keep or maintain a dog over the age of six (6) months, unless the dog is licensed.

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(D) License fee:

1. Every owner of a dog over six (6) months in age, shall pay to the County Clerk an annual license fee as follows:

Spayed female or neutered male dog	$ 5.00
Nonspayed female or nonneutered male dog	10.00

7-2-11: ADOPTION POLICY:

The Animal Control Officer may offer apparently healthy animal for adoption at the end of the claiming period set forth in subsection 7-2-10(A), upon the following conditions:

(A) Dog and Cats: That adoptive owner agree to have the dog or cat be neutered or spayed at the expense of the adoptive owner. That the adoptive owner obtains a valid rabies tag or certificate from a licensed veterinarian stating that the dog or cat has been inoculated with suitable vaccines for the prevention of rabies, or a statement from a licensed veterinarian that the dog should not be so vaccinated and present the same to the Animal Control Officer within thirty (30) days of adoption.

7-2-27: BUSINESSES THAT SELL OR BOARD DOGS OR CATS FOR PROFIT OR ACT AS A BREEDER:

It is unlawful for any business to keep or board any dog or cat for sale or profit or to act as a breeder within Elko County without first obtaining a permit from Elko County Sheriff’s Office.

(A) Application: The owner of the business shall submit an application to Elko County Sheriff’s Office on a form prescribed by the County. The application for a permit must contain the following:

1. The name of the person or businesses applying for the permit;

2. The address or location of the facility used in the applicant’s business;

3. The type of animals the person or business breeds; and

4. A copy of a State business license and Elko County Certificate of Business or Fictitious Firm name.

(B) Inspection: Prior to issuing the permit, Elko County Sheriff’s Office may inspect the business to see if the location is suitable for the proposed business operation. For the purposes of enforcing Nevada Revised Statutes 574.360 to 574.440, inclusive, as those provisions apply to breeders, a representative of Elko County Sheriff’s Office or the Animal Control Officer may enter and inspect the premises specified on the permit at any reasonable hour.

(D) Term Of Permit: The term of the permit for a breeder is for one year. The permit is nontransferable. The permit issued by Elko County Sheriff’s Office for a breeder must specify the address of the premises at which the person may act as a breeder.

(E) Grandfathering Provision: Any business keeping or boarding dogs for sale or profit in existence in Elko County prior to March 1, 2023, shall submit an application for permit no later than October 1, 2023. All existing business that fails to submit an application prior to October 1, 2023, shall be in violation of this provision.

(F) Suspension, Revocation or Denial of Permit: Any permit issued or requested pursuant to this section may be suspended, revoked, or denied for good cause. Good cause shall include, but is not limited to, the following:

1. Failure to renew this permit within thirty (30) days of the due date;

2. Failure to maintain other licenses required by federal, state or local law necessary to legally conduct the operation;

3. Failure to keep the enterprise free of unsanitary conditions, excessive noise, disturbances and other conditions on or about the premises which cause, or tend to cause, a nuisance or which injuriously affect the public health, safety and welfare;

4. Any act in the operation of the business which is unlawful or prohibited by federal, state or local law, including violations of Nevada Revised Statutes 574.360 to 574.440, inclusive, as those provisions apply to breeders;

5. Any fraudulent practices or misrepresentations in the operation of the business;

6. Any concealment or misrepresentation in procuring a license;

7. Two (2) or more violations of federal, state, local law, or the provisions of this chapter.

(G) Suspension Of Permit: If a permit holder violates any of the provisions contained in subsections (F)1. through (F)7. of this section, animal services may suspend the permit, pending board action on revocation, under the following conditions:

1. Contents Of Notice: Animal Control Officer or the Elko County Sheriff’s Office shall notify the permit holder of the violation. The notice shall contain:

(a) The name and address of the permit holder;

(b) The violation which has occurred;

(c) That the permit holder has five (5) days, excluding weekends and holidays, from the receipt of the notice to remedy the violation; and

(d) That if the permit holder fails to remedy the violation the permit will be suspended.

2. Second Notice: If the permit holder fails to remedy the violation, animal services shall send a second notice which shall contain:

(a) The name and address of the permit holder;

(b) The violation which has occurred;

(d) A notice of revocation and hearing as provided in subsection H1 of this section.

3. Service Date: The date the permit holder is deemed to receive the notice shall be determined as follows:

(a) If the permit holder is personally served, the date of service;

(b) If animal services posts the notice at the location, the date posted; and

(c) If animal services sends the notice by certified mail, return receipt requested, the date of delivery as evidenced by the return receipt.

4. Hearing: If a permit is suspended, the Sheriff’s Office shall place on the next available Elko County board of commissioner’s agenda a hearing for revocation pursuant to subsection (H) of this section.

(H) Revocation Of the Permit: Unless otherwise specified in this chapter, the board may revoke any permit issued under this chapter, under the following conditions:

1. Notice Of Revocation and Hearing: The board shall serve upon the permit holder a notice of revocation and hearing. The notice shall include:

(a) The name and address of the permit holder;

(b) The cause(s) of the revocation;

(d) That the permit holder may submit evidence in opposition to the revocation.

This notice shall be served upon the permit holder at least three (3) days prior to the time specified for the hearing. The Notice shall be deemed received in accordance with subsection G3 of this section

2. Hearing Of Revocation: In order to revoke a permit under this chapter, the board shall conduct a hearing to determine whether to revoke the permit. The board shall allow any interested party, including the permit holder, to testify or otherwise submit evidence in favor of or opposition to the revocation. The board shall consider all the evidence presented and cause to have entered in the minutes its findings, stating specifically any causes for revocation found by the board. The board shall then enter its order in the minutes.

3. Notice Of Revocation: If the board revokes the permit, the permit holder shall be served notice of revocation following the hearing. The revocation shall be effective upon receipt of the notice, as specified in subsection G3 of this section.

(I) Impounding Animals: At any time after suspension or revocation of the permit as provided hereunder, animal services may impound any animals that are in danger, constitute a nuisance, are a threat to the public, or are held in violation of this chapter. Any costs associated with the impounding and keeping of the animals is the responsibility of the permit holder.

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