Spay/Neuter Law in Pershing County, Nevada

As used in this chapter, the following terms are defined below:

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COMMERCIAL ANIMAL ESTABLISHMENT: Means and includes, but is not limited to, pet shop, grooming shop, guard dog training school, auction, riding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel.

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DOG KENNEL: Any place of business where dogs are kept for boarding, breeding, training, grooming, treating, sale or other commercial purpose. A veterinary clinic or hospital is excluded from this provision.

6.08.070: LICENSES AND PERMITS:

A. Business Licenses: The owner of any commercial animal establishment, including, but not limited to, dog kennels, pet stores, grooming shops, dog training centers or riding stables shall obtain a business license. Such license will be valid for one year and must be renewed yearly. Such license shall not issue until a permit has been approved by the Pershing County commissioners or their designee. Licenses cannot be renewed without a renewal permit having been granted. If a permit is revoked, the business license shall be revoked.

B. Permits:

1. The owner of any dog kennel, pet shop or other commercial animal enterprise situated in Pershing County shall procure and maintain a permit for each kennel, pet shop or other business. Such permits, unless surrendered or revoked, will be valid for one year from the date of issue.

2. An application for renewal of an unexpired permit may be made not earlier than thirty (30) days prior to the date of expiration.

3. A permit for a kennel, pet shop or other commercial animal enterprise situated in Pershing County will cease to be valid and must be surrendered when the owner ceases ownership of the kennel, pet shop or other business.

4. A kennel which contains more dogs than the number for which it was permitted is an unpermitted kennel. Operating a kennel with more dogs than the permit allows constitutes grounds for revoking the permit to operate the kennel.

5. Application forms for an initial permit or renewal permit may be obtained from the special officer. The special officer shall review the application and make a recommendation to the county commissioners for approval or denial. Reasons must be given for denial of permit. Issuance or denial of an initial permit or denial of renewal will be subject to the decision of the county commissioners.

6. If granted, such permit shall be on such conditions as may be deemed necessary by the county commissioners to prevent such business from becoming a nuisance and assure humane care of all animals. Such permit shall at all times be subject to the planning and zoning regulations of the county.

7. Every person obtaining a permit under the provisions of this section shall permit inspections of their premises at a reasonable time by the special officer.

8. Application forms for initial permits or renewal of expired kennel or pet shop permits must contain the following information:

a. Name of applicant owner;

b. Name of kennel or pet shop;

c. Physical address;

d. Mailing address;

e. Physical address of kennel or pet shop;

f. Business and home telephone numbers;

g. Statement of whether or not the kennel or pet shop will contain residential dogs;

h. Number of dogs and breed of dogs;

i. Statement noting whether or not the applicant:

(1) Has ever operated a kennel or pet shop;

(2) Has ever been granted a kennel or pet shop license or permit;

(3) Has ever had a kennel or pet shop license or permit suspended, revoked or denied;

(4) Has ever been convicted of a violation of any law relating to the licensing, care or control of any animal. Explanations of any affirmative answers to this subsection B8i;

j. A promise to maintain a current rabies vaccination for all kennel or pet shop dogs over six (6) months of age.

In addition, such applications shall be accompanied by drawings showing the proposed design and location of the kennel required. 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.

9. Application for renewal of a kennel or pet shop license which has not expired must contain the following information:

a. Statement that the information on the initial license application is still current or current with the corrections noted;

b. Explanations of any changes to the answers in subsection B8i(4) of this section.

10. An application form for all permits will be provided by the special officer.

11. Upon receipt of the application, the special 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 ordinance of the county, regulation of the county board of health or any law of the state;

b. Maintenance of the dogs will not endanger the peace, health or safety of persons residing in the county;

c. 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

d. Keeping and maintenance of the dogs will not constitute a nuisance as defined in Nevada Revised Statutes 40.140.

C. Denial Or Revocation Of A New Or Renewed Kennel Permit, Pet Shop Permit, Or Other Permit Required Under This Chapter:

1. Grounds For Denial:

a. Fraudulent practices or misrepresentation in the operation of any previous kennel or pet shop in Pershing County or elsewhere;

b. Concealment or misrepresentation in the application for a new or renewed kennel, pet shop or other permit;

c. Suspension or revocation of a kennel or pet shop permit or license in Pershing County or elsewhere;

d. One or more previous violations of any regulation designed to protect the public health, safety and welfare in any jurisdiction, including, but not limited to, health and sanitation regulations and building and fire codes;

e. Conviction of any criminal offense proscribing cruelty to animals, within the past five (5) years.

2. Grounds For Revocation: The following are grounds for revoking a new or renewed kennel, pet shop or other permit:

a. Fraudulent practices or misrepresentation in the application for a new or renewed kennel, pet shop or other permit;

b. Concealment or misrepresentation in the application for a new or renewed kennel or pet shop permit;

c. One or more violations of any county, state or federal regulation designed to protect the public health, safety and welfare, including, but not limited to, health and sanitation regulations and building fire codes;

d. Any violation by the permittee, his agents or employees of the provisions of this title;

e. One or more incidents of cruelty to animals perpetrated by the licensee or his agents or employees.

3. Procedure For Denial:

a. A decision by the board of commissioners after a public hearing to deny a kennel, pet shop or other permit application upon any of the above grounds shall be final.

b. An applicant whose application for a new or renewed kennel, pet shop or other permit has been denied may reapply for such license after a period of not less than one year has elapsed from the date of such denial. An earlier reapplication may be made if accompanied by satisfactory evidence that the grounds for the denial of the application no longer exists.

4. Procedure For Revocation:

a. The board of commissioners on its own motion, or upon complaint of any person, may institute proceedings to revoke a kennel or pet shop permit by serving written notice on the permittee.

b. The board shall fix a day and time for hearing at which the permittee will be given an opportunity to be heard and present new evidence, by witnesses or otherwise. The permittee shall be notified in writing of the day, reason and time set for such hearing.

c. If the permittee fails to appear at the place and time designated for the hearing, the board may order the permit revoked.

5. Disposal Of Animals: Any person whose permit or business license is revoked shall, within ten (10) days thereafter, humanely dispose of all animals owned, kept or harbored. No part of the permit or business license fee shall be refunded.

D. Business License Fees:

1. When a permit applicant has shown he is willing and able to comply with the regulations promulgated by the permitting authority, a business license may then issue upon payment of the applicable fee. The county retains the right to set by resolution or ordinance business license fees for the following:

a. Kennel authorized to house fewer than fifteen (15) dogs;

b. Kennel authorized to house fifteen (15) or more but fewer than fifty (50);

c. Kennel authorized to house fifty (50) or more dogs;

d. Pet shop;

e. Riding stable;

f. Grooming shop;

g. Petting zoo;

h. Guard dog training center;

i. Kennel boarding eight (8) or less animals which belong to another.

2. Every facility regulated by this section shall be considered a separate enterprise requiring an individual permit and business license.

3. No permit or business license is required of any veterinary hospital, government operated animal shelter or government operated zoological park.

4. Failure to obtain a permit before opening any facility covered in this section shall result in a fine of two hundred dollars ($200.00).

5. An animal obedience training business which is a part time business, does not train guard dogs, and does not board the dogs is exempt from the permit requirement but must obtain a business license.

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