2005 Nevada Revised Statutes - Chapter 569 — Estrays and Livestock

CHAPTER 569 - ESTRAYS AND LIVESTOCK

ESTRAYS AND FERAL LIVESTOCK

NRS 569.005 Definitions.

NRS 569.006 Alternativelivestock defined.

NRS 569.0065 Departmentdefined.

NRS 569.007 Directordefined.

NRS 569.0075 Estraydefined.

NRS 569.008 Ferallivestock defined.

NRS 569.0085 Livestockdefined.

NRS 569.010 Estraysand feral livestock deemed property of Department; control, placement anddisposition of estrays and feral livestock; disposition of money; liability.

NRS 569.020 Dutiesof certain officers who impound livestock to notify Department; contents ofnotice.

NRS 569.031 Cooperativeagreements for control, placement or disposition of livestock: Requiredprovisions; annual review by Department; cancellation.

NRS 569.040 Unlawfulto take up or feed estray or feral livestock.

NRS 569.045 Persongathering estray or feral livestock to publish notice in newspaper;requirements of notice.

NRS 569.050 Writtennotice to Department when person takes up estray.

NRS 569.060 Examinationby Department of brand records upon receipt of notice of taking up of estray;notice to owner; payment of charges incurred for care; authority for closerexamination of brands.

NRS 569.070 Publicationof notice of estray required if owner cannot be determined; reimbursement ofexpenses for publication; sale of injured or debilitated estray.

NRS 569.075 Sale of feral livestock gathered by Department; publication of notice of sale of ferallivestock; sale of injured or debilitated feral livestock.

NRS 569.080 Sale, placement or other disposition of unclaimed estray; sale or placement of unclaimedferal livestock; issuance of brand inspection clearance certificate upon sale;marking, branding or identifying required before sale or placement.

NRS 569.090 Depositof balance of proceeds of sale; records; payment to owner.

NRS 569.100 Persontaking up estray or feral livestock entitled to hold animal until relieved ofcustody; unlawful use or taking of estray or feral livestock; penalties.

NRS 569.110 Escapedor removed estray or feral livestock may be recovered by person who took it up.

NRS 569.120 Estraysand feral livestock may be taken up by agents of Department; procedure fordisposal.

NRS 569.130 Penalties.

LIVESTOCK

NRS 569.431 Legalfence defined.

NRS 569.440 Liabilitycaused by trespassing livestock; liability of landowner for injury totrespassing livestock; trespassing livestock treated as estrays.

NRS 569.450 Trespasson cultivated land: No award of damages unless land enclosed by legal fence.

NRS 569.461 Liabilityof developer of residential, commercial or industrial structure adjoiningpasture for damages to legal fence.

NRS 569.471 Replacementof legal fence permitted; conditions; duty and liability.

_________

ESTRAYS AND FERAL LIVESTOCK

NRS 569.005 Definitions. As used in NRS 569.005to 569.130, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 569.006 to 569.0085, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1961, 512; A 1993, 1744; 1997, 461; 1999, 3682; 2003, 2152)

NRS 569.006 Alternativelivestock defined. Alternative livestockhas the meaning ascribed to it in NRS501.003.

(Added to NRS by 2003, 2152)

NRS 569.0065 Departmentdefined. Department means the State Departmentof Agriculture.

(Added to NRS by 2003, 2152)

NRS 569.007 Directordefined. Director means the Director of theDepartment.

(Added to NRS by 2003, 2152)

NRS 569.0075 Estraydefined. Estray means any domesticated livestockor progeny of domesticated livestock showing signs of domestication, running atlarge upon public or private lands in the State of Nevada, whose owner is unknownin the section where the animal is found.

(Added to NRS by 2003, 2152)

NRS 569.008 Ferallivestock defined. Feral livestock meansany formerly domesticated livestock or progeny of domesticated livestock whichhave become wild and are running at large upon public or private lands in theState of Nevada, and which have no physical signs of domestication. The termdoes not include horses or burros that are subject to the jurisdiction of theFederal Government pursuant to the Wild Free-Roaming Horses and Burros Act, 16U.S.C. 1331 to 1340, inclusive, and any regulations adopted pursuantthereto, or any other federal statute or regulation.

(Added to NRS by 2003, 2152)

NRS 569.0085 Livestockdefined. Livestock means:

1. All cattle or animals of the bovine species;

2. All horses, mules, burros and asses or animals ofthe equine species;

3. All swine or animals of the porcine species;

4. All goats or animals of the caprine species;

5. All sheep or animals of the ovine species;

6. All poultry or domesticated fowl or birds; and

7. All alternative livestock.

(Added to NRS by 2003, 2152)

NRS 569.010 Estraysand feral livestock deemed property of Department; control, placement anddisposition of estrays and feral livestock; disposition of money; liability.

1. Except as otherwise provided by law, all estraysand feral livestock within this state shall be deemed for the purpose of thissection to be the property of the Department.

2. The Department has all rights accruing pursuant tothe laws of this state to owners of those animals, and may:

(a) Dispose of estrays and feral livestock by salethrough an agent appointed by the Department; or

(b) Provide for the control, placement or dispositionof estrays and feral livestock through cooperative agreements pursuant to NRS 569.031.

3. Except as otherwise provided by law, all moneycollected for the sale or for the injury or killing of any such animals must beheld for 1 year, subject to the claim of any person who can establish legaltitle to any animal concerned. All money remaining unclaimed must be depositedin the Livestock Inspection Account after 1 year. The Department may disallowall claims if it deems the claims illegal or not showing satisfactory evidenceof title.

4. The Department or any political subdivision of thisstate is not liable for any trespass or other damage caused by any of thoseestrays or feral livestock.

[1:200:1925; NCL 3993](NRS A 1959, 641; 1961, 546;1991, 1794; 1993, 295, 1744; 1995, 579; 1997, 461; 1999, 3682; 2003, 2153)

NRS 569.020 Dutiesof certain officers who impound livestock to notify Department; contents ofnotice.

1. Any county, city, town, township or other peaceofficer or poundmaster who impounds under the provisions of any state law orcounty or municipal ordinance any livestock shall, immediately after impoundingthe livestock, send a written notice to the Department.

2. The notice must contain a full description,including all brands and marks, sex, age, weight, color and kind of each animalso impounded.

3. For the sale of livestock if the owner of thelivestock is not known, and for the sale of the impounded livestock asprescribed by law, all notices posted or advertisements published by anyofficer or other person having charge of the sale must include, unless thelivestock is feral livestock, a complete description of each animal to be sold,including all brands and marks, sex, age, weight, color and kind.

[1:182:1925; NCL 3990](NRS A 1959, 641; 1961, 546;1993, 1744; 1999,3683; 2003, 2153)

NRS 569.031 Cooperativeagreements for control, placement or disposition of livestock: Requiredprovisions; annual review by Department; cancellation.The Department may enter into a cooperative agreement for the control,placement or disposition of the livestock with another agency of this state orwith a county, city, town, township, peace officer, poundmaster or nonprofitorganization. If an agreement is entered into, it must provide for:

1. The responsibility for the payment of the expensesincurred in taking up, holding, advertising and making the disposition of theestray or feral livestock, and any damages for trespass allowed pursuant to NRS 569.440;

2. The disposition of any money received from the saleof the livestock;

3. The protection of the rights of a lawful owner ofan estray or feral livestock pursuant to NRS569.040 to 569.130, inclusive; and

4. The designation of the specific geographic area ofthis state to which the cooperative agreement applies.

TheDepartment shall annually review the actions of the cooperating person orentity for compliance with the agreement. The Department may cancel theagreement upon a finding of noncompliant actions.

(Added to NRS by 1993, 294; A 1995, 649; 1997, 462; 1999, 3683; 2003, 2153)

NRS 569.040 Unlawfulto take up or feed estray or feral livestock.

1. Except as otherwise provided in subsection 2, NRS 569.040 to 569.130, inclusive, or pursuant to acooperative agreement established pursuant to NRS569.031, it is unlawful for any person or his employees or agents, otherthan an authorized agent of the Department, to:

(a) Take up any estray or feral livestock and retainpossession of it; or

(b) Feed any estray or feral livestock.

2. For a first violation of paragraph (b) ofsubsection 1, a person must not be cited or charged criminally but must beinformed that it is unlawful to feed an estray or feral livestock.

[Part 1:27:1923; NCL 3978] + [Part 9:27:1923; NCL 3986](NRS A 1961, 547; 1991, 913; 1993, 295, 1744; 1995, 579; 1997, 462; 1999, 3683; 2003, 2154)

NRS 569.045 Persongathering estray or feral livestock to publish notice in newspaper;requirements of notice.

1. Before any person gathers any estrays or ferallivestock, he must cause notice of the gathering to be published in a newspaperof general circulation within the county in which the gathering is to takeplace.

2. The notice must:

(a) Be published at least once a week for the 4 weekspreceding the gathering;

(b) Clearly identify the area in which the gathering isto take place and the date and time of the gathering;

(c) If ferallivestock are to be gathered, include a full description of the species offeral livestock to be gathered;

(d) Indicate a location where owners or possible ownersof the estrays or feral livestock may go to claim an estray or feral livestockthat was gathered; and

(e) List the name and telephone number of a person whomay be contacted if an owner or possible owner is interested in viewing theestrays or feral livestock gathered.

(Added to NRS by 1991, 912; A 2003, 2154)

NRS 569.050 Writtennotice to Department when person takes up estray. Ifa person takes up an estray, he shall, within 5 days thereafter, make out awritten description of the animal, setting forth all marks or brands appearingupon the animal, and other marks of identity, including color, age and sex, andforward the description by mail to the Department at its office.

[Part 2:27:1923; NCL 3979](NRS A 1959, 642; 1961,547; 1993, 1745; 1999,3683)

NRS 569.060 Examinationby Department of brand records upon receipt of notice of taking up of estray;notice to owner; payment of charges incurred for care; authority for closerexamination of brands.

1. Upon receiving notice of the taking up of anestray, the Department, or its authorized agent, shall make or cause to be madean examination of the state brand records.

2. If from the records the name of the owner orprobable owner can be determined, the Department, or its authorized agent,shall forthwith notify him of the taking up of the estray.

3. Upon the owners proving to the satisfaction of theDepartment that the estray animal is lawfully his, the Department shall issueto him an order to receive the estray upon the payment of any damages allowedby law and such charges as may be approved by the Department as reasonablewhich may have been incurred in the care of the animal so taken up.

4. Upon receipt of a notice of the taking up of anestray, the Department, or its authorized agent, may require a closerexamination of the brands and marks, as set forth in the notice, and mayrequire a state inspector to examine the brands before advertising.

[4:27:1923; A 1947, 426; 1943 NCL 3981](NRS A1959, 642; 1961, 547; 1969, 138; 1977, 249; 1993, 1745; 1999, 3684)

NRS 569.070 Publicationof notice of estray required if owner cannot be determined; reimbursement ofexpenses for publication; sale of injured or debilitated estray.

1. Except as otherwise provided in subsection 4, ifthe owner or probable owner of an estray cannot with reasonable diligence bedetermined by the Department or its authorized agent, the Department shalladvertise the estray or cause it to be advertised.

2. A notice of the estray, with a full description,giving brands, marks and colors thereon, must be published in a newspaperpublished at the county seat of the county in which the estray was taken up. Ifthere is no newspaper published at the county seat of the county, the noticemust be published in the newspaper published at the nearest point to thatcounty.

3. Expenses incurred in carrying out the provisions ofsubsections 1 and 2 must be deducted from the proceeds of the sale of theestray advertised.

4. The Department may sell an injured, sick orotherwise debilitated estray if, as determined by the Department, the sale ofthe estray is necessary to facilitate the placement or other disposition of theestray. If an estray is sold pursuant to this subsection, the Department shallgive a brand inspection clearance certificate to the purchaser.

[5:27:1923; A 1931, 83; 1931 NCL 3982](NRS A 1961,547; 1977, 249; 1993, 1745; 1997, 462; 1999, 3684; 2003, 2154)

NRS 569.075 Saleof feral livestock gathered by Department; publication of notice of sale offeral livestock; sale of injured or debilitated feral livestock.

1. The Department may sell all feral livestock whichit has gathered if the Department determines that the sale of the ferallivestock is necessary to facilitate the placement or other disposition of theferal livestock.

2. Except as otherwise provided in subsection 3,before the Department may sell feral livestock, the Department must publishnotice of the sale of the feral livestock in a newspaper published at thecounty seat of the county in which the gathering of the feral livestockoccurred. If there is no newspaper published at the county seat of the county,the notice must be published in the newspaper published at the nearest point tothat county seat. A notice of a sale published pursuant to this section neednot include full descriptions of the feral livestock, but may include such informationand details as the Department determines necessary.

3. The Department may sell injured, sick or otherwisedebilitated feral livestock if, as determined by the Department, the sale ofthe feral livestock is necessary to facilitate the placement or otherdisposition of the feral livestock. If feral livestock is sold pursuant to thissubsection, the Department shall give a brand inspection clearance certificateto the purchaser.

(Added to NRS by 2003, 2152)

NRS 569.080 Sale,placement or other disposition of unclaimed estray; sale or placement ofunclaimed feral livestock; issuance of brand inspection clearance certificateupon sale; marking, branding or identifying required before sale or placement.

1. If an estray is not claimed within 5 working daysafter the last publication of the advertisement required by NRS 569.070, it must be:

(a) Sold by the Department; or

(b) Held by the Department until the estray is given aplacement or other disposition through a cooperative agreement establishedpursuant to NRS 569.031.

2. If ferallivestock is not claimed by the date of sale published pursuant to NRS 569.075, the feral livestock must besold by the Department pursuant to NRS569.075 or placed pursuant to NRS569.031.

3. If the Department sells the estray or ferallivestock, the Department shall give a brand inspection clearance certificateto the purchaser.

4. Estrays and feral livestock must be marked, brandedor identified with an individual animal identification before sale orplacement.

[6:27:1923; NCL 3983](NRS A 1961, 548; 1993, 295,1745; 1995, 579; 1997, 463; 1999, 3684; 2003, 2155)

NRS 569.090 Depositof balance of proceeds of sale; records; payment to owner.

1. Except as otherwise provided pursuant to acooperative agreement established pursuant to NRS569.031, the Department shall:

(a) Pay the reasonable expenses incurred in taking up,holding, advertising and selling the estray or feral livestock, and any damagesfor trespass allowed pursuant to NRS 569.440,from the proceeds of the sale of the estray or feral livestock and shall placethe balance in an interest-bearing checking account in a bank or credit unionqualified to receive deposits of public money. The proceeds from the sale andany interest on those proceeds, which are not claimed pursuant to subsection 2within 1 year after the sale, must be deposited in the State Treasury forcredit to the Livestock Inspection Account.

(b) Make a complete record of the transaction,including any marks and brands and other means of identification of the estray,and shall keep the record available for inspection by members of the generalpublic.

2. If the lawful owner of the estray or ferallivestock is found within 1 year after its sale and proves ownership to thesatisfaction of the Department, the net amount received from the sale must bepaid to the owner.

3. If any claim pending 1 year after the date of saleis denied, the proceeds and any interest thereon must be deposited in theLivestock Inspection Account.

[7:27:1923; NCL 3984](NRS A 1959, 642; 1961, 548;1977, 250; 1983, 404; 1991, 1795; 1993, 295, 1745; 1995, 246, 579; 1999, 1513, 3685; 2001, 91; 2003, 2155)

NRS 569.100 Persontaking up estray or feral livestock entitled to hold animal until relieved ofcustody; unlawful use or taking of estray or feral livestock; penalties.

1. A person who takes up an estray or feral livestockas provided for in NRS 569.040 to 569.130, inclusive, is entitled to hold theestray or feral livestock lawfully until relieved of custody by the Department.

2. A person shall not use or cause to be used, forprofit or otherwise, any estray or feral livestock in his keeping under theprovisions of NRS 569.040 to 569.130, inclusive. A violation of thissubsection shall be deemed grand larceny or petit larceny, as set forth in NRS 205.2175 to 205.2707, inclusive, and the person shallbe punished as provided in those sections.

3. Any person taking, leading or driving an estray orferal livestock away from the possession of the lawful holder, as specified in NRS 569.040 to 569.130, inclusive, except as otherwiseprovided in this section, is subject to all the penalties under the law,whether or not he is the claimant of the estray or feral livestock.

[8:27:1923; NCL 3985](NRS A 1961, 548; 1993, 1746;1997, 347; 1999, 3685;2003, 2155)

NRS 569.110 Escapedor removed estray or feral livestock may be recovered by person who took it up. If any estray or feral livestock, after having been takenup by a person in accordance with the provisions of NRS 569.040 to 569.130, inclusive, escapes or is removedfrom the custody of the person before being disposed of under the provisions ofNRS 569.040 to 569.130, inclusive, the person has thelegal right to recover the estray or feral livestock wherever found and to holdit until it is disposed of as provided in NRS569.040 to 569.130, inclusive.

[11:27:1923; NCL 3988](NRS A 1961, 549; 2003, 2156)

NRS 569.120 Estraysand feral livestock may be taken up by agents of Department; procedure fordisposal. Estrays and feral livestock may betaken up by authorized agents of the Department. The disposal of the estraysand feral livestock must be conducted in the manner set forth in the provisionsof NRS 569.040 to 569.130, inclusive.

[10:27:1923; NCL 3987](NRS A 1961, 549; 1993,1746; 1999, 3685;2003, 2156)

NRS 569.130 Penalties. Any person, including, without limitation, any firm,company, association or corporation, who takes up or retains in his possessionany estray or feral livestock not his property, without the owners consent, orexcept in accordance with the provisions of NRS569.040 to 569.130, inclusive, isguilty of a misdemeanor.

[3:27:1923; NCL 3980] + [Part 9:27:1923; NCL 3986](NRS A 1959, 643; 1961, 549; 2003, 2156)

LIVESTOCK

NRS 569.431 Legalfence defined. As used in NRS 569.431 to 569.471, inclusive, legal fence means afence with not less than four horizontal barriers, consisting of wires, boards,poles or other fence material in common use in the neighborhood, with posts setnot more than 20 feet apart. The lower barrier must be not more than 12 inchesfrom the ground and the space between any two barriers must be not more than 12inches and the height of top barrier must be at least 48 inches above theground. Every post must be so set as to withstand a horizontal strain of 250pounds at a point 4 feet from the ground, and each barrier must be capable ofwithstanding a horizontal strain of 250 pounds at any point midway between theposts.

(Added to NRS by 1991, 1147)

NRS 569.440 Liabilitycaused by trespassing livestock; liability of landowner for injury totrespassing livestock; trespassing livestock treated as estrays.

1. Except as otherwise provided in NRS 569.461 and 569.471:

(a) If any livestock break into any grounds enclosed bya legal fence, the owner or manager of the livestock is liable to the owner ofthe enclosed premises for all damages sustained by the trespass. If thetrespass is repeated by neglect of the owner or manager of the livestock, he isfor the second and every subsequent offense or trespass, liable for double thedamages of the trespass to the owner of the premises.

(b) If any owner or occupier of any grounds or cropstrespassed upon by livestock entering upon or breaking into his grounds, whetherenclosed by a legal fence or not, kills, maims or materially injures thelivestock so trespassing, he is liable to the owner of the livestock for alldamages, and for the costs accruing from a suit for such damages, whennecessarily resorted to for their recovery.

(c) The owner or occupier of grounds or crops sodamaged and trespassed upon may take up and safely keep, at the expense of theowner or owners thereof, after due notice to the owners, if known, thelivestock, or so many of them as may be necessary to cover the damages he mayhave sustained, for 10 days, and if not applied for by the proper owner orowners before the expiration of 10 days, the livestock may be posted under theestray laws of the state, and before restitution may be had by the owner orowners of the livestock, all damages done by them, as well also as the expenseof posting and keeping them, must be paid. Any justice of the peace in thetownship has jurisdiction of all such reclamation of livestock, together withthe damages, and expense of keeping and posting the same, when the amountclaimed does not exceed $2,500.

2. When two or more persons cultivate lands under oneenclosure, neither of them may place or cause to be placed any livestock on hisground, to the injury or damage of the other or others, but is liable for alldamages thus sustained by the other or others. If repeated, after due notice isgiven, and for every subsequent repetition, double damages are recoverable inany court having jurisdiction.

[1:16:1862; B 3992; BH 741; C 777; RL 2332;NCL 4016] + [2:16:1862; B 3993; BH 742; C 778; RL 2333; NCL 4017] +[3:16:1862; B 3994; BH 743; C 779; RL 2334; NCL 4018](NRS A 1961,549; 1991, 1148)

NRS 569.450 Trespasson cultivated land: No award of damages unless land enclosed by legal fence. No person is entitled to collect damages, and no court inthis state may award damages, for any trespass of livestock on cultivated landin this state if the land, at the time of the trespass was not enclosed by alegal fence.

[1:223:1917; 1919 RL p. 2846; NCL 4022] +[2:223:1917; A 1929, 255; NCL 4023](NRS A 1961, 550; 1991, 1149)

NRS 569.461 Liabilityof developer of residential, commercial or industrial structure adjoiningpasture for damages to legal fence.

1. When a residential, commercial or industrialstructure is erected, or any other commercial or industrial activity isundertaken, on land adjoining a pasture and separated from the pasture by alegal fence, the developer of the structure or the person undertaking theactivity, unless he makes the election permitted by NRS 569.471, shall repair any damage to thefence caused by or related to the erection of the structure, the associateddevelopment of the land or the activity undertaken. The developer or personundertaking the activity is liable for any damage done by any livestock whichstray from the pasture through the damaged portion of the fence for which he isresponsible, and to the owner of the livestock for any loss suffered as aresult of their straying and for the loss accruing from a suit for any suchdamages when necessarily resorted to for their recovery.

2. For the purposes of this section, a structure iserected on land adjoining a pasture if the land on which it is erected and landadjoining the pasture are owned by the same person directly or through anaffiliate, even though the area may be divided into lots, and if the site ofthe construction is within one-fourth of a mile of the pasture.

(Added to NRS by 1991, 1147)

NRS 569.471 Replacementof legal fence permitted; conditions; duty and liability. A developer or a person undertaking an activity describedin NRS 569.461, at his own expense, mayreplace a legal fence with a fence certified by the Administrator of theDivision to be equally impervious to livestock, but if he does so, the duty andliability imposed by NRS 569.461 existand devolve in the same manner.

(Added to NRS by 1991, 1148; A 1993, 1746)

 

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