Henderson, Nevada

7.01.140– Breeder.

Breeder means any person who causes the breeding of or birthing of pets or makes an unsterilized pet available for breeding purposes, or any person who sells or offers for sale any unsterilized pet, whether for profit or not-for-profit. This includes any person who is in possession of an unsterilized dog, cat, and/or rabbit over the age of four months.

7.01.145– Breeder’s permit.

Breeder’s permit means a permit issued by the director or designee which has been issued to a breeder. The permit is required for person(s) meeting the definition as set forth in section 7.01.140.

7.04.020– Fees.

All fees set forth in the fee schedule herein shall be set by the city council. The chief of police or designee is granted the limited authority to establish the service or adoption fees not specifically listed within this fee schedule.

7.04.080– Number of animals permitted on residential property.

A. Except as otherwise provided in sections 7.04.090 and 7.04.100, no person shall keep more than three sterilized dogs, three sterilized cats, three sterilized rabbits, one sterilized potbellied pig, and three sterilized ferrets over four months of age, at any place, or any premises, or in any one residence, located within the city.

7.04.090 – Breeder’s permit.

A. A breeder, as defined in section 7.01.140, may keep and maintain unsterilized animals, provided that such person has first obtained from the director, or designee, a breeder’s permit for said unsterilized animals. The breeder shall apply every year for said permit and pay the annual fee.

B. When an initial application or renewal for a breeder permit is made, a fee as established in the fee schedule in section 7.04.020, as set forth by the city council, shall be paid to the city for the application review. If applicant is not the home owner they must provide a written approval from the home owner/leasing agent that they have approval to apply for said permit at the time permit is submitted.

C. The application review shall be conducted by the director or designee to determine compliance with this title; and if compliance is met, the permit shall be issued after inspection and will expire one year from the date the permit was applied for.

D. If the application review reveals that this title or other applicable laws, or regulations have not been complied with, the permit shall be denied, section 7.04.130 and 7.04.135 shall apply.

E. A breeder may keep and maintain the following dogs, cats, and/or rabbits:

1. No more than five unsterilized dogs over four months of age; or

2. No more than five unsterilized cats over four months of age; or

3. No more than five unsterilized rabbits over four months of age; or

4. Any combination of dogs, cats, and/or rabbits to not exceed eight animals in total, whether or not said dogs, cats, and/or rabbits are in combination with spayed/neutered dogs, cats, and/or rabbits.

This shall include any puppy, kitten, or kit that reaches the age of four months and remains on property.

F. All other species of animals (excluding dogs, cats, and/or rabbits) may be kept in numbers suitable to the housing requirements and space required to keep each species as set forth in chapter 7.70.

G. A breeder shall not breed, cause unsterilized animals to be made available for breeding, sell, gift, adopt, or rehome an unsterilized animal:

1. Unless the unsterilized dog, unsterilized cat, or unsterilized rabbit has had a registered microchip subcutaneously inserted into the dog, cat, or rabbit (unsterilized animals that are not a dog, cat, or rabbit do not require a microchip); and

2. Without providing a written sales contract or receipt to the purchaser/recipient that contains the breeder’s permit number; and

3. Obtain pet licenses for all dogs, cats, and/or ferrets on the property in accordance with section 7.04.010.

H. A breeder cannot breed a female dog or female cat until she is at least 18 months old and shall only allow a female dog or cat to have no more than one litter every 12 months. A breeder shall only allow a female rabbit to have no more than one litter every 12 months.

I. A breeder shall display the breeder’s permit number in all advertising in which the breeder advertises an unsterilized household pet for sale.

J. A breeder cannot breed a dog, cat, and/or rabbit until the animal has been examined by a veterinarian and deemed healthy to breed. Proof of exam required by a veterinarian within six months of breeding. Upon request, the breeder must provide the document to animal care and control.

K. No dogs, cats, and/or rabbits shall be sold, given away, adopted, gifted, or in any manner transferred to another person(s) or business prior to eights weeks of age.

L. No puppy or kitten shall be sold, given away, adopted, gifted, or in any manner transferred to another person(s) or business without having been first examined and deemed healthy by a veterinarian and received vaccines appropriate for the age of the puppy and/or kitten; copy of veterinary exam and vaccines shall be provided to the buyer/new owner upon transfer of puppy/kitten.

M. All puppies, kittens, and kits sold must be reported to animal protection services with the name and address of the buyer within three months of sale.

N. Any such breeder permit, if granted, shall be subject to such conditions as may be prescribed by the director, or designee, or the county health officer, in the exercise of sound discretion, to prevent the breeding of animals from becoming a nuisance. Permit holder shall be in compliance with all other applicable requirements under title 7.

O. A breeder shall not maintain any unsterilized dog(s), unsterilized cat(s), unsterilized rabbit(s), or other unsterilized animals used for breeding on property without obtaining and maintaining the necessary business license pursuant to title 4 of the Henderson Municipal Code.

P. If a permit has been revoked or denied, applicable sections 7.04.120, 7.04.125, 7.04.130, 7.04.135, 7.04.160 shall apply.

7.04.120– Revocation of permit.

Any permit issued under this title may be revoked by the director, or designee, if the holder of the permit, or person(s) responsible for the animal(s) that are the subject of the permit, violates any provision of this title or any other federal, state, or local laws relating to animals.

7.04.125– Appeal of permit revocation.

A. Upon the revocation of any permit within this title, the permit holder shall be notified by: 1) personal service; or 2) certified mail, return receipt requested, and first class United States mail, sent to the last known address of the permit holder. The revocation letter shall set forth the basis for the revocation of the permit.

B. Date of service shall be the date of actual receipt of the notice if personally served. If the notice is mailed, service shall be deemed complete upon mailing.

C. The permit holder may make a request for a review of the revocation of the permit by submitting a written request for review to the director, or designee, and filing written notice of the same with the city clerk no later than the close of business on the tenth City of Henderson business day after the revocation letter is sent from the animal control administrator, or designee, to the permit holder pursuant to section 7.04.120.

D. The city manager, or designee, shall review all relevant information, including but not limited to, the written statement of the applicant; the revocation letter from the animal control administrator, or designee; and other pertinent information considered by the animal control administrator, or designee, in revoking the permit. The decision of the city manager, or designee, shall be final.

7.04.130– Denial of permit applications.

The City of Henderson, through the director or designee, may deny any permit application pursuant to this title if any of the following apply:

A. If applicant has failed to complete, willfully withheld, or falsified any information required for a permit.

B. If the applicant has violated any federal, state, or local laws relating to animals.

C. If the applicant has been convicted of cruelty to animals.

D. If the applicant has been convicted of assault, battery, domestic violence, or any similar physical violence related offenses against a person in this state or any other state.

E. Fails to allow inspection pursuant to section 7.04.150.

For the purpose of this section, a bail forfeiture shall be deemed to be a conviction of the charged offense.

7.04.135– Appeal of permit denial.

A. Upon a denial of any permit application within this title, the applicant shall be notified by: 1) personal service; or 2) certified mail, return receipt requested, and first class United States mail, sent to the last known address of the applicant. The denial letter shall set forth the basis for the denial of the permit.

B. Date of service shall be the date of actual receipt of the notice if personally served. If the notice is mailed, service shall be deemed complete upon mailing.

C. The applicant may make a written request for a review of the application denial by submitting a request for review to the city manager and filing written notice of the same with the city clerk no later than the close of business on the tenth City of Henderson business day after the denial letter is sent from the director or designee to the applicant pursuant to subsection A.

D. The city manager or his designee shall review all relevant information, including but not limited to, the written appeal statement of the applicant, the denial letter from the director or designee, and other pertinent information considered by the director or designee in denying the application. The city manager’s decision shall be final.

7.04.140– Permit application.

A completed permit application and fees paid shall be submitted to animal care and control for any animal related business prior to operating in the City of Henderson, including pet fancier or breeder in the City of Henderson. The applicant shall permit a background check for any related offences or violations that may deny said permit per subsection 7.04.130(D).

7.04.150– Inspection—Right of entry.

A. As a condition to the issuance of any permit under this title, any licensing department inspector, animal control officer, police officer or other authorized representative of the city shall have the authority to inspect the permit location at any reasonable time.

B. Any animal control officer, upon showing proper identification, shall be permitted to enter, at a reasonable time, any animal permit location, for the purposes of making inspections to determine compliance with this title relating to any permit or license issued by the chief of police or designee. Any animal control officer may make as many inspections as necessary for the enforcement of this title. Said inspections may not be performed more than every six months unless there are reasonable grounds to believe the health and safety of the public or animals are in jeopardy.

7.04.160– No new permit after revocation or denial.

If a permit has been revoked or denied, the director or designee shall not accept any new animal permit application from the same person(s), for any location, for a period of no less than 12 months after such denial or revocation.

Chapter 7.10– MANDATORY SPAYING AND NEUTERING OF ANIMALS

7.10.010– Mandatory spay/neuter of dogs, cats, and ferrets.

Subject to the exceptions provided in this chapter, it shall be unlawful to harbor within the City of Henderson any dog, cat, ferret, rabbit, or potbellied pig over the age of four months that has not been spayed or neutered. For purposes of this section and chapter, “harbor” means having the legal ownership of, or providing on a regular basis, care, shelter, protection, refuge, nourishment, or medical treatment. This shall also include the providing of nourishment to a stray or feral cat or dog.

7.10.020 – Exceptions to spay/neuter requirements.

A. The spay/neuter requirement set forth in section 7.10.010 shall not apply if a licensed veterinarian certifies in writing that a specific dog, cat, rabbit, potbellied pig, or ferret is medically unfit to undergo the required spay or neuter procedure because of a physical condition that would be substantially aggravated by such procedure or would likely cause the animal’s death.

B. The spay/neuter requirement set forth in section 7.10.010 shall not apply to animals harbored by an animal shelter or humane society, whether public or private, the principal purpose of which is securing the adoption of dogs, cats, rabbits, potbellied pigs, or ferrets provided that such organization has a policy and rules requiring the spaying or neutering of all dogs, cats, rabbits, potbellied pigs, or ferrets placed for adoption by such organization.

C. The spay/neuter requirement set forth in section 7.10.010 shall not apply to any dogs, cats, rabbits, or ferrets harbored by a person holding a valid breeder’s permit as provided in section 7.04.090 of this title.

D. The spay/neuter requirement set forth in section 7.10.010 shall not apply to the sale of dogs, cats, or rabbits from an animal establishment under section 7.70.010.

E. The spay/neuter requirement set forth in section 7.10.010 shall not apply to law enforcement K-9’s currently engaging in active service.

7.10.030– Forfeiture.

Kittens and puppies born to cats and dogs not spayed or neutered in violation of this chapter shall be forfeited and surrendered, immediately upon demand to the animal control bureau, or at a set time determined by the animal control bureau.

7.10.040– Unspayed/unneutered animals running at large.

If a dog or cat is running at large pursuant to section 7.30.010, and the animal control bureau determines that the dog or cat has not been spayed or neutered in accordance with section 7.10.010;

A. A citation may be issued; or

B. The owner may be required to have the dog or cat spayed or neutered at a veterinarian of their choosing within 30 days and provide proof to the animal control bureau.

7.10.050– Release—Neutering or spaying.

Before the release of any dog, cat, rabbit, potbellied pig, or ferret by way of sale or adoption the animal will be spayed or neutered by the animal control bureau.