2005 Nevada Revised Statutes - Chapter 574 — Cruelty to Animals: Prevention and Penalties

CHAPTER 574 - CRUELTY TO ANIMALS:PREVENTION AND PENALTIES

SOCIETIES FOR PREVENTION OF CRUELTY TO ANIMALS

NRS 574.010 Incorporation.

NRS 574.020 Bylaws.

NRS 574.030 Elections;reports.

NRS 574.040 Arrestsby members, agents and officers of certain societies: Application; submissionof fingerprints; exhibition of badge; resistance to officers unlawful.

CRUELTY TO ANIMALS

NRS 574.050 Definitions.

NRS 574.055 Takingpossession of animal being treated cruelly; notice to owner; lien for cost ofcare; disposition of animal; liability of officer; limitations and procedurewhen animal is located on agricultural land.

NRS 574.060 Commissionof certain acts concerning place kept or used for baiting or fighting birds orother animals unlawful; penalties.

NRS 574.070 Instigatingor witnessing fights between birds or other animals unlawful; penalties;exceptions.

NRS 574.080 Officermay take possession of animals and implements used in fights among animals.

NRS 574.090 Dispositionof animals or implements used in fights among animals.

NRS 574.100 Overdriving,torturing, injuring or abandoning animals; failure to provide propersustenance; penalties; exceptions.

NRS 574.105 Mistreatmentof police animal and interference with duties of police animal or handlerunlawful; penalties; exception.

NRS 574.107 Mistreatmentof dogs used for certain events unlawful; penalties.

NRS 574.110 Abandonmentof disabled animal unlawful; penalty.

NRS 574.120 Failureto provide proper air, food, shelter or water to impounded animal unlawful;penalties.

NRS 574.130 Selling,offering to sell or exposing diseased animal.

NRS 574.140 Sale of disabled horses unlawful.

NRS 574.150 Poisoningor attempting to poison animals unlawful; penalties.

NRS 574.160 Throwingsubstance injurious to animals in public places unlawful.

NRS 574.170 Keepingcow or other milk-producing animal in unhealthy place or diseased condition;feeding resulting in impure milk; penalty.

NRS 574.180 Runninghorses on highway; penalty.

NRS 574.190 Carryinganimal in cruel manner; penalty.

NRS 574.200 Intendedapplicability of provisions.

CARE OF ANIMALS

General Provisions

NRS 574.210 Definitions.

NRS 574.220 Ambienttemperature defined.

NRS 574.230 Animaldefined.

NRS 574.240 Animalshelter defined.

NRS 574.250 Catterydefined.

NRS 574.260 Dealerdefined.

NRS 574.270 Housingfacility defined.

NRS 574.280 Kenneldefined.

NRS 574.290 Operatordefined.

NRS 574.300 Petdefined.

NRS 574.310 Primaryenclosure defined.

NRS 574.320 Retailerdefined.

NRS 574.330 Veterinariandefined.

NRS 574.340 Applicability.

NRS 574.350 Enforcementby society for prevention of cruelty to animals prohibited.

 

Duties of Operators

NRS 574.360 Buildingsand grounds; housing facilities.

NRS 574.370 Enclosuresgenerally.

NRS 574.380 Dogsand cats kept outdoors.

NRS 574.390 Primaryenclosures generally.

NRS 574.400 Floorspace of primary enclosure.

NRS 574.410 Dogsor cats kept in primary enclosures together.

NRS 574.420 Foodand water.

NRS 574.430 Sanitization.

NRS 574.440 Programto control disease and care for health.

 

Retailers and Dealers

NRS 574.450 Examinationby veterinarian; sale of cat or dog that requires immediate treatment prohibited;conditions under which presence of parasites requires treatment.

NRS 574.460 Provisionof written statement to purchaser of cat: Required disclosures; signature ofseller and purchaser.

NRS 574.470 Provisionof written statement to purchaser of dog: Required disclosures; signature ofseller and purchaser.

NRS 574.480 Postingof notice concerning dog or cat offered for sale.

NRS 574.485 Impositionof administrative fines for violation of NRS574.460, 574.470 or 574.480; deposit in State General Fund.

NRS 574.490 Dutiesupon determination that pet was sold with condition that requires immediatetreatment.

NRS 574.500 Separatingdog or cat from mother.

NRS 574.510 Knowinglyselling dog or cat with condition requiring immediate treatment prohibited;penalties.

STERILIZATION OF PETS

NRS 574.600 Definitions.

NRS 574.605 Agreementfor sterilization defined.

NRS 574.610 Newowner defined.

NRS 574.615 Petdefined.

NRS 574.620 Releasingagency defined.

NRS 574.625 Sterilizationdefined.

NRS 574.630 Veterinariandefined.

NRS 574.640 Restrictionson release of certain pets; exceptions.

NRS 574.645 Requiredcontents of agreement for sterilization; determination of date forsterilization and date for notification of sterilization.

NRS 574.650 Postponementof date for sterilization: Letter signed by veterinarian required; modificationof agreement for sterilization.

NRS 574.655 Notificationof sterilization to releasing agency; exceptions; effect of failure to comply.

NRS 574.660 Dutyof releasing agency to establish account; deposit of money; authorizedexpenditures.

_________

SOCIETIES FOR PREVENTION OF CRUELTY TO ANIMALS

NRS 574.010 Incorporation. Any three or more citizens of the State of Nevada whoincorporate as a body corporate under the general laws for corporations in thisstate set forth in chapter 78 of NRS for thepurpose of preventing cruelty to animals may, except as otherwise provided in NRS 574.040, avail themselves of theprivileges and benefits of NRS 574.010to 574.040, inclusive.

[1:75:1873; B 2482; BH 4776; C 4868; RL 1373;NCL 3231](NRS A 1973, 984; 2001, 1913)

NRS 574.020 Bylaws.

1. Such societies may make and adopt bylaws:

(a) Governing the admission of associates and members.

(b) Providing for meetings and assistant and districtor local officers.

(c) Providing for means and systems for the effectualattainments of the objects contemplated by this chapter, for the regulation andmanagement of its business affairs, and for the effectual working of thesocieties.

(d) Prescribing the duties of their officers, for theoutlay of moneys, and the auditing of accounts.

2. Such bylaws shall not conflict with the laws of theState of Nevada or of the United States, or any provision of NRS 574.010 to 574.040, inclusive.

[2:75:1873; B 2483; BH 4777; C 4869; RL 1374;NCL 3232]

NRS 574.030 Elections;reports. Such societies shall:

1. Elect officers and fill vacancies according to theprovisions of their bylaws.

2. Make such reports of elections as are required ofall corporations by law.

3. Report to the Legislature, at each of its regularsessions, a full account of all their acts.

[3:75:1873; B 2484; BH 4778; C 4870; RL 1375;NCL 3233]

NRS 574.040 Arrestsby members, agents and officers of certain societies: Application; submissionof fingerprints; exhibition of badge; resistance to officers unlawful.

1. Except as otherwise provided in this subsection andNRS 574.350, a member, agent or local ordistrict officer of a society so incorporating, if authorized in writing by thetrustees of the society, approved by the district judge of the county, andsworn in the same manner as peace officers are sworn, may make arrests for aviolation of the provisions of this chapter in the same manner as is providedfor other officers. The provisions of this subsection apply only to a societythat, on the date the society submits an application to the district judge forapproval for a member, agent or local or district officer of the society tomake arrests pursuant to this subsection:

(a) Has at least 25 members; and

(b) Has been incorporated in accordance with NRS 574.010 for not less than 5 yearsimmediately preceding the submission of the application.

2. Beforesubmitting an application specified in subsection 1, the society shall requirethat each member, agent or local or district officer of the society to whom theapplication relates submit to the society a complete set of his fingerprintswhich the society shall submit to the sheriff of the county.

3. The sheriffshall:

(a) Upon receipt of the fingerprints, forward thefingerprints to the Central Repository for Nevada Records of Criminal Historyfor submission to the Federal Bureau of Investigation for a report concerningthe criminal history of the member, agent or local or district officer of thesociety.

(b) Upon receipt of the report, forward the report tothe society. The society shall include the report in the application submittedpursuant to subsection 1.

4. A member, agent or local or district officer who isauthorized to make arrests pursuant to subsection 1 shall, when making thosearrests, exhibit and expose a suitable badge, to be adopted by the society.

5. A person who resists such a specially appointedofficer shall be punished for that resistance in the same manner as is providedfor the punishment of resistance to other officers.

[5:75:1873; B 2486; BH 4780; C 4872; RL 1377;NCL 3235](NRS A 1993, 2152; 2001, 1914; 2003, 2858)

CRUELTY TO ANIMALS

NRS 574.050 Definitions. As used in NRS 574.050to 574.200, inclusive:

1. Animal does not include the human race, but includesevery other living creature.

2. Police animal means an animal which is owned orused by a state or local governmental agency and which is used by a peaceofficer in performing his duties as a peace officer.

3. Torture or cruelty includes every act, omissionor neglect, whereby unjustifiable physical pain, suffering or death is causedor permitted.

[1:178:1919; 1919 RL p. 3393; NCL 10569](NRS A 1999, 2517; 2001, 997)

NRS 574.055 Takingpossession of animal being treated cruelly; notice to owner; lien for cost ofcare; disposition of animal; liability of officer; limitations and procedurewhen animal is located on agricultural land.

1. Any peaceofficer or officer of a society for the prevention of cruelty to animals who isauthorized to make arrests pursuant to NRS574.040 shall, upon discovering any animal which is being treated cruelly,take possession of it and provide it with shelter and care or, upon obtainingwritten permission from the owner of the animal, may destroy it in a humanemanner.

2. If anofficer takes possession of an animal, he shall give to the owner, if the ownercan be found, a notice containing a written statement of the reasons for thetaking, the location where the animal will be cared for and sheltered, and thefact that there is a limited lien on the animal for the cost of shelter andcare. If the owner is not present at the taking and the officer cannot find theowner after a reasonable search, he shall post the notice on the property fromwhich he takes the animal. If the identity and address of the owner are laterdetermined, the notice must be mailed to the owner immediately after thedetermination is made.

3. An officerwho takes possession of an animal pursuant to this section has a lien on theanimal for the reasonable cost of care and shelter furnished to the animal and,if applicable, for its humane destruction. The lien does not extend to the costof care and shelter for more than 2 weeks.

4. Upon proofthat the owner has been notified in accordance with the provisions ofsubsection 2 or, if he has not been found or identified, that the required noticehas been posted on the property where the animal was found, a court ofcompetent jurisdiction may, after providing an opportunity for a hearing, orderthe animal sold at auction, humanely destroyed or continued in the care of theofficer for such disposition as the officer sees fit.

5. An officerwho seizes an animal pursuant to this section is not liable for any actionarising out of the taking or humane destruction of the animal.

6. Theprovisions of this section do not apply to any animal which is located on landbeing employed for an agricultural use as defined in NRS 361A.030 unless the owner of theanimal or the person charged with the care of the animal is in violation ofparagraph (b) of subsection 1 of NRS 574.100and the impoundment is accomplished with the concurrence and supervision of thesheriff or his designee, a licensed veterinarian and the district brandinspector or his designee. In such a case, the sheriff shall direct that theimpoundment occur not later than 48 hours after the veterinarian determinesthat a violation of paragraph (b) of subsection 1 of NRS 574.100 exists.

7. The owner of an animal impounded in accordance withthe provisions of subsection 6 must, before the animal is released to hiscustody, pay the charges approved by the sheriff as reasonably related to theimpoundment, including the charges for the animals food and water. If theowner is unable or refuses to pay the charges, the State Department ofAgriculture shall sell the animal. The Department shall pay to the owner theproceeds of the sale remaining after deducting the charges reasonably relatedto the impoundment.

(Added to NRS by 1981, 671; A 1989, 272; 1991, 10;1993, 1758; 1999,2517, 3698; 2001, 186)

NRS 574.060 Commissionof certain acts concerning place kept or used for baiting or fighting birds orother animals unlawful; penalties.

1. A person shall not keep or use, or in any manner beconnected with, or be interested in the management of, or receive money for theadmission of any person to, a house, apartment, pit or place kept or used forbaiting or fighting any bird or animal, or be an owner or occupant of a house,apartment, pit or place who willfully procures or permits the same to be usedor occupied for such baiting or fighting.

2. A person who violates any provision of subsection 1is guilty of:

(a) For a first offense, a gross misdemeanor.

(b) For a second offense, a category E felony and shallbe punished as provided in NRS 193.130.

(c) For a third or subsequent offense, a category Dfelony and shall be punished as provided in NRS193.130.

3. Upon complaint under oath or affirmation to anymagistrate authorized to issue warrants in criminal cases that the complainanthas just and reasonable cause to suspect that any provision of law relating toor in any way affecting animals is being or is about to be violated in anyparticular building or place, the magistrate shall immediately issue anddeliver a warrant to any person authorized by law to make arrests for suchoffenses, authorizing him to enter and search the building or place, to arrestany person there present found violating any such law and to bring the personbefore the nearest magistrate of competent jurisdiction to be dealt withaccording to law.

[2:178:1919; 1919 RL p. 3393; NCL 10570](NRS A1981, 772; 2001, 2887)

NRS 574.070 Instigatingor witnessing fights between birds or other animals unlawful; penalties;exceptions.

1. Except as otherwise provided in this section, aperson shall not set on foot, instigate, promote, carry on or do any act as anassistant, umpire or principal, or in any way aid in or engage in thefurtherance of any fight between cocks or other birds, or bulls, bears or otheranimals in an exhibition or for amusement or gain, premeditated by a personowning or having custody of such birds or animals.

2. A person shall not witness any fight between cocksor other birds, or bulls, bears or other animals in an exhibition or foramusement or gain, which is premeditated by a person having custody of suchbirds or animals.

3. Except as otherwise provided in subsection 5, aperson who violates any provision of subsection 1 is guilty of:

(a) For a first offense, a gross misdemeanor.

(b) For a second offense, a category E felony and shallbe punished as provided in NRS 193.130.

(c) For a third or subsequent offense, a category Dfelony and shall be punished as provided in NRS193.130.

4. A person who violates any provision of subsection 2is guilty of:

(a) For a first offense, a misdemeanor.

(b) For a second offense, a gross misdemeanor.

(c) For a third or subsequent offense, a category Efelony and shall be punished as provided in NRS193.130.

5. If a violation of subsection 1 involves a dog, aperson who commits such a violation is guilty of:

(a) For a first offense, a category D felony and shallbe punished as provided in NRS 193.130.

(b) For a second offense, a category C felony and shallbe punished as provided in NRS 193.130.

(c) For a third or subsequent offense, a category Bfelony and shall be punished by imprisonment in the state prison for a minimumterm of not less than 1 year and a maximum term of not more than 6 years.

6. If a person who violates this section is not anatural person, he shall be punished by a fine of not more than $10,000.

7. This section does not prohibit the use of dogs orbirds for:

(a) The management of livestock by the owner thereof,his employees or agents or any other person in the lawful custody of thelivestock; or

(b) Hunting as permitted by law.

[Part 6:75:1873; B 2487; BH 4781; C 4873; RL 1378; NCL 3236] + [3:178:1919; 1919 RL p. 3394; NCL 10571](NRS A 1981,772; 1989, 1870; 1995, 1303; 2001, 2888)

NRS 574.080 Officermay take possession of animals and implements used in fights among animals.

1. Any officer authorized by law to make arrests maylawfully take possession of any animals, or implements, or other property usedor employed, or about to be used or employed, in the violation of any provisionof law relating to fights among animals.

2. He shall state to the person in charge thereof, atthe time of such taking, his name and residence, and also the time and place atwhich the application provided for by NRS574.090 will be made.

[4:178:1919; 1919 RL p. 3394; NCL 10572]

NRS 574.090 Dispositionof animals or implements used in fights among animals.

1. The officer, after taking possession of suchanimals, or implements or other property, pursuant to NRS 574.080, shall apply to the magistrate,before whom the complaint is made against the offender violating such provisionof law, for the order mentioned in subsection 2, and shall make and file anaffidavit with such magistrate, stating therein:

(a) The name of the offender charged in such complaint.

(b) The time, place and description of the animals,implements or other property so taken, together with the name of the person whoclaims the same, if known.

(c) That the affiant has reason to believe and doesbelieve, stating the grounds of such belief, that the same were used oremployed, or were about to be used or employed, in such violation, and willestablish the truth thereof upon the trial of such offender.

2. He shall then deliver such animals, implements orother property to such magistrate, who shall thereupon, by order in writing,place the same in the custody of an officer or other proper person in suchorder named and designated, to be kept by him until the trial or finaldischarge of the offender, and shall send a copy of such order, without delay,to the district attorney of the county.

3. The officer or person so named and designated inthe order shall immediately thereupon assume custody, and shall retain the samefor the purpose of evidence upon the trial, subject to the order of the courtbefore which the offender may be required to appear, until his final dischargeor conviction.

4. Upon the conviction of the offender, the animals,implements or other property shall be adjudged by the court to be forfeited.

5. In the event of the acquittal or final discharge,without conviction, of the offender, the court shall, on demand, direct thedelivery of the property so held in custody to the owner thereof.

[5:178:1919; 1919 RL p. 3394; NCL 10573]

NRS 574.100 Overdriving,torturing, injuring or abandoning animals; failure to provide propersustenance; penalties; exceptions.

1. A person shall not:

(a) Overdrive, overload, torture, cruelly beat orunjustifiably injure, maim, mutilate or kill an animal, whether belonging tohimself or to another;

(b) Deprive an animal of necessary sustenance, food ordrink, or neglect or refuse to furnish it such sustenance or drink;

(c) Cause, procure or allow an animal to be overdriven,overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed,mutilated or killed, or to be deprived of necessary food or drink;

(d) Instigate, engage in, or in any way further an actof cruelty to any animal, or any act tending to produce such cruelty; or

(e) Abandon an animal in circumstances other than thoseprohibited in NRS 574.110.

2. A person who violates subsection 1:

(a) For the first offense within the immediatelypreceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail ordetention facility for not less than 2 days, but not more than 6 months; and

(2) Perform not less than 48 hours, but not morethan 120 hours, of community service.

The personshall be further punished by a fine of not less than $200, but not more than$1,000. A term of imprisonment imposed pursuant to this paragraph may be servedintermittently at the discretion of the judge or justice of the peace, exceptthat each period of confinement must be not less than 4 consecutive hours andmust occur either at a time when the person is not required to be at his placeof employment or on a weekend.

(b) For the second offense within the immediatelypreceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail ordetention facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but notmore than 200 hours, of community service.

The personshall be further punished by a fine of not less than $500, but not more than$1,000.

(c) For the third and any subsequent offense within theimmediately preceding 7 years, is guilty of a category C felony and shall bepunished as provided in NRS 193.130.

3. In addition to any other fine or penalty providedin subsection 2, a court shall order a person convicted of violating subsection1 to pay restitution for all costs associated with the care and impoundment ofany mistreated animal under subsection 1, including, without limitation, moneyexpended for veterinary treatment, feed and housing.

4. The court may order the person convicted ofviolating subsection 1 to surrender ownership or possession of the mistreatedanimal.

5. The provisions of this section do not apply withrespect to an injury to or the death of an animal that occurs accidentally inthe normal course of:

(a) Carrying out the activities of a rodeo or livestockshow; or

(b) Operating a ranch.

[Part 6:75:1873; B 2487; BH 4781; C 4873; RL 1378; NCL 3236] + [Part 6:178:1919; 1919 RL p. 3394; NCL 10574](NRS A1981, 672; 1991, 491; 1999,2518)

NRS 574.105 Mistreatmentof police animal and interference with duties of police animal or handlerunlawful; penalties; exception.

1. A person shall not willfully and maliciously:

(a) Taunt, torment, tease, beat, strike or administer adesensitizing drug, chemical or substance to a police animal;

(b) Interfere with a police animal or a handler thereofin the performance of duties assigned to the police animal or handler; or

(c) Torture, mutilate, injure, poison, disable or killa police animal.

2. A person who violates:

(a) Paragraph (a) or (b) of subsection 1 is guilty of acategory D felony and shall be punished as provided in NRS 193.130.

(b) Paragraph (c) of subsection 1 is guilty of:

(1) If the police animal is not totally disabledor killed, a category D felony and shall be punished as provided in NRS 193.130, and may be further punished bya fine of not more than $10,000.

(2) If the police animal is totally disabled orkilled, a category C felony and shall be punished as provided in NRS 193.130. In addition to the punishmentimposed pursuant to this subparagraph, the court may require a person who ispunished pursuant to this subparagraph to pay restitution to the agency thatowns the police animal, including, without limitation, payment for veterinaryservices and the cost of replacing the police animal.

3. The provisions of this section do not prohibit aeuthanasia technician licensed pursuant to chapter638 of NRS, a peace officer or a veterinarian from euthanizing a policeanimal in an emergency if the police animal is critically wounded and wouldotherwise endure undue suffering and pain.

(Added to NRS by 1999, 2516; A 2001, 2889)

NRS 574.107 Mistreatmentof dogs used for certain events unlawful; penalties.

1. A person shall not:

(a) Willfully, unjustifiably and maliciously tamper orinterfere with;

(b) Willfully and unjustifiably abuse or injure, orwillfully and unjustifiably set on foot, instigate, engage in or in any wayfurther an act of abusing or injuring; or

(c) Willfully and unjustifiably kill or willfully andunjustifiably set on foot, instigate, engage in or in any way further an act ofkilling,

a dog ownedby another person that is used in an exhibition, show, contest or other eventin which the skill, breeding or stamina of the dog is judged or examined.

2. A person who violates:

(a) Paragraph (a) of subsection 1 is guilty of acategory D felony and shall be punished as provided in NRS 193.130.

(b) Paragraph (b) of subsection 1 is guilty of acategory D felony and shall be punished as provided in NRS 193.130, and may be further punished bya fine of not more than $10,000.

(c) Paragraph (c) of subsection 1 is guilty of acategory C felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1999, 2517; A 2001, 2889)

NRS 574.110 Abandonmentof disabled animal unlawful; penalty.

1. A person being the owner or possessor, or havingcharge or custody, of a maimed, diseased, disabled or infirm animal, whoabandons such animal or leaves it to die in a public street, road or publicplace, or who allows it to lie in a public street, road or public place morethan 3 hours after he receives notice that it is left disabled, is guilty of amisdemeanor.

2. Any agent or officer of any society for theprevention of cruelty to animals, or of any society duly incorporated for thatpurpose, or any police officer, may lawfully destroy or cause to be destroyedany animal found abandoned and not properly cared for, appearing, in thejudgment of two reputable citizens called by him to view the same in hispresence, to be glandered, injured or diseased past recovery for any usefulpurpose, or after such agent or officer has obtained in writing from the ownerof such animal his consent to such destruction.

3. When any person arrested is, at the time of sucharrest, in charge of any animal or of any vehicle drawn by or containing anyanimal, any agent or officer of such society or societies or any police officermay take charge of such animal and of such vehicle and its contents and depositthe same in a safe place of custody, or deliver the same into the possession ofthe police or sheriff of the county or place wherein such arrest was made, whoshall thereupon assume the custody thereof. All necessary expenses incurred intaking charge of such property shall be a charge thereon.

[Part 6:75:1873; B 2487; BH 4781; C 4873; RL 1378; NCL 3236] + [7:178:1919; 1919 RL p. 3395; NCL 10575]

NRS 574.120 Failureto provide proper air, food, shelter or water to impounded animal unlawful;penalties.

1. A person who has impounded or confined any animalshall not refuse or neglect to supply to the animal during its confinement asufficient supply of good and wholesome air, food, shelter and water.

2. A person who violates subsection 1:

(a) For the first offense within the immediatelypreceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail ordetention facility for not less than 2 days, but not more than 6 months; and

(2) Perform not less than 48 hours, but not morethan 120 hours, of community service.

The personshall be further punished by a fine of not less than $200, but not more than$1,000. A term of imprisonment imposed pursuant to this paragraph may be servedintermittently at the discretion of the judge or justice of the peace, exceptthat each period of confinement must be not less than 4 consecutive hours andmust occur at a time when the person is not required to be at his place ofemployment or on a weekend.

(b) For the second offense within the immediatelypreceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail ordetention facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but notmore than 200 hours, of community service.

The personshall be further punished by a fine of not less than $500, but not more than$1,000.

(c) For the third and any subsequent offense within theimmediately preceding 7 years, is guilty of a category C felony and shall bepunished as provided in NRS 193.130.

3. In addition to any other fine or penalty providedin subsection 2, a court shall order a person convicted of violating subsection1 to pay restitution for all costs associated with the care and impoundment ofany mistreated animal under subsection 1, including, without limitation, moneyexpended for veterinary treatment, feed and housing.

4. If any animal is at any time impounded as providedin subsection 1, and continues to be without necessary food and water for morethan 12 successive hours, any person may, as often as it is necessary, enterinto and upon any pound in which the animal is so confined and supply it withnecessary food and water, so long as it remains so confined. Such a person isnot liable to any action for such entry, and the reasonable cost of such foodand water may be collected by him from the owner of the animal, and the animalis not exempt from levy and sale upon execution issued upon a judgmenttherefor.

[8:178:1919; 1919 RL p. 3395; NCL 10576](NRS A 2001, 2890)

NRS 574.130 Selling,offering to sell or exposing diseased animal. Aperson who willfully sells or offers to sell, uses, exposes, or causes orpermits to be sold, offered for sale, used or exposed, any horse or otheranimal having the disease known as glanders or farcy, or other contagious orinfectious disease dangerous to the life or health of human beings or animals,or which is diseased past recovery, or who refuses upon demand to deprive oflife an animal affected with any such disease, is guilty of a misdemeanor.

[9:178:1919; 1919 RL p. 3395; NCL 10577]

NRS 574.140 Saleof disabled horses unlawful. It shall beunlawful for any person to sell any horse which, by reason of disease, couldnot be worked in this state without violating the law against cruelty toanimals.

[10:178:1919; 1919 RL p. 3395; NCL 10578]

NRS 574.150 Poisoningor attempting to poison animals unlawful; penalties.

1. A person who unjustifiably administers anypoisonous or noxious drug or substance to a horse, mule or domestic cattle, orunjustifiably exposes any such drug or substance with the intent that it betaken by a horse, mule or domestic cattle, whether the horse, mule or domesticcattle are the property of himself or another, is guilty of a category C felonyand shall be punished as provided in NRS193.130. In addition to any other penalty, the court shall order the personto pay restitution.

2. A person who unjustifiably administers anypoisonous or noxious drug or substance to any animal other than a horse, muleor domestic cattle, or unjustifiably exposes any such drug or substance withthe intent that it be taken by an animal other than a horse, mule or domesticcattle, whether the animal is the property of himself or another, is guilty ofa gross misdemeanor. In addition to any other penalty, the court shall orderthe person to pay restitution.

3. This section does not prohibit the destruction ofnoxious animals.

[1911 C&P 510; RL 6775; NCL 10457] +[11:178:1919; 1919 RL p. 3396; NCL 10579](NRS A 1961, 402; 1967, 618; 1979,1487; 1995, 1304; 2001,2890)

NRS 574.160 Throwingsubstance injurious to animals in public places unlawful. A person who willfully throws, drops or places, or causesto be thrown, dropped or placed, upon any road, highway, street or publicplace, any glass, nails, pieces of metal, or other substance which might wound,disable or injure any animal is guilty of a misdemeanor.

[12:178:1919; 1919 RL p. 3396; NCL 10580]

NRS 574.170 Keepingcow or other milk-producing animal in unhealthy place or diseased condition;feeding resulting in impure milk; penalty. Aperson who keeps a cow or any animal for the production of milk in a crowded orunhealthy place, or in a diseased condition, or feeds such cow or animal uponany food that produces impure or unwholesome milk, is guilty of a misdemeanor.

[13:178:1919; 1919 RL p. 3396; NCL 10581]

NRS 574.180 Runninghorses on highway; penalty. A person drivingany vehicle upon any plank road, turnpike or public highway, who unjustifiablyruns the horses drawing the same, or causes or permits them to run, is guiltyof a misdemeanor.

[15:178:1919; 1919 RL p. 3396; NCL 10583]

NRS 574.190 Carryinganimal in cruel manner; penalty. A person whocarries or causes to be carried in or upon any vessel or vehicle or otherwiseany animal in a cruel or inhuman manner, or so as to produce torture, is guiltyof a misdemeanor.

[Part 6:75:1873; B 2487; BH 4781; C 4873; RL 1378; NCL 3236] + [16:178:1919; 1919 RL p. 3396; NCL 10584]

NRS 574.200 Intendedapplicability of provisions. The provisions ofNRS 574.050 to 574.510, inclusive, do not:

1. Interfere with any of the fish and game lawscontained in Title 45 of NRS or any laws for the destruction of certain birds.

2. Interfere with the right to destroy any venomousreptiles or animals, or any animal known as dangerous to life, limb orproperty.

3. Interfere with the right to kill all animals andfowl used for food.

4. Prohibit or interfere with any properly conductedscientific experiments or investigations which are performed under theauthority of the faculty of some regularly incorporated medical college oruniversity of this state.

5. Interfere with any scientific or physiologicalexperiments conducted or prosecuted for the advancement of science or medicine.

6. Prohibit or interfere with established methods ofanimal husbandry, including the raising, handling, feeding, housing andtransporting of livestock or farm animals.

[10:75:1873; B 2491; BH 4785; C 4877; RL 1381; NCL 3239] + [Part 6:178:1919; 1919 RL p. 3394; NCL 10574](NRS A1989, 273; 1993, 2152)

CARE OF ANIMALS

General Provisions

NRS 574.210 Definitions. As used in NRS 574.210to 574.510, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 574.220 to 574.330, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1993, 2145)

NRS 574.220 Ambienttemperature defined. Ambient temperaturemeans the temperature surrounding an animal.

(Added to NRS by 1993, 2145)

NRS 574.230 Animaldefined. Animal includes every livingcreature that is not a human being.

(Added to NRS by 1993, 2145)

NRS 574.240 Animalshelter defined. Animal shelter means afacility:

1. For receiving and holding animals;

2. Designated by a local government for receiving andholding animals; or

3. Operated by a society for the prevention of crueltyto animals, which is in compliance with the provisions of NRS 574.010 to 574.040, inclusive, for receiving andholding animals.

(Added to NRS by 1993, 2145)

NRS 574.250 Catterydefined. Cattery means a place where atleast 10 cats of not less than 6 months of age are kept, harbored or maintainedfor:

1. Boarding;

2. Training; or

3. Breeding for sale to a retailer or dealer.

For thepurposes of this section, spayed or neutered cats must not be counted whendetermining the number of cats that are being kept, harbored or maintained.

(Added to NRS by 1993, 2146)

NRS 574.260 Dealerdefined. Dealer means a person who, forcompensation or profit, buys, sells, breeds, trades or imports cats or dogs forresale.

(Added to NRS by 1993, 2146)

NRS 574.270 Housingfacility defined. Housing facility means abuilding, room or other area which contains one or more primary enclosures.

(Added to NRS by 1993, 2146)

NRS 574.280 Kenneldefined. Kennel means a place where at least10 dogs of not less than 6 months of age are kept, harbored or maintained for:

1. Boarding;

2. Training; or

3. Breeding for sale to a retailer or dealer.

For the purposesof this section, spayed or neutered dogs, dogs used by or being trained for useby the Armed Forces, police officers, search and rescue teams or other similarorganizations, dogs used in farming or ranching, and dogs used by or beingtrained for use by handicapped persons, including, but not limited to, dogsused to assist persons in wheelchairs, must not be counted when determining thenumber of dogs that are being kept, harbored or maintained.

(Added to NRS by 1993, 2146; A 2005, 631)

NRS 574.290 Operatordefined. Operator means a person responsiblefor the operation of:

1. A cattery, kennel or commercial establishmentengaged in the business of selling animals; or

2. An animal shelter.

(Added to NRS by 1993, 2146)

NRS 574.300 Petdefined. Pet means a domestic cat or dogcommonly kept for pleasure.

(Added to NRS by 1993, 2146)

NRS 574.310 Primaryenclosure defined. Primary enclosure meansa structure used to restrict the immediate movement of a dog or cat to alimited amount of space, such as a room, pen, run, cage, compartment or hutch.

(Added to NRS by 1993, 2146)

NRS 574.320 Retailerdefined. Retailer means a person whoacquires pets for resale.

(Added to NRS by 1993, 2146)

NRS 574.330 Veterinariandefined. Veterinarian means a person authorizedpursuant to chapter 638 of NRS to practiceveterinary medicine in this state.

(Added to NRS by 1993, 2146)

NRS 574.340 Applicability. The provisions of NRS574.210 to 574.510, inclusive, donot apply to:

1. The exhibition, production, marketing or disposalof any livestock, poultry, fish or other agricultural commodity.

2. Activities for which a license is required by theprovisions of chapter 466 of NRS.

3. The housing of domestic cats or dogs kept as petsor cared for, without remuneration other than payment for reasonable expensesrelating to the care of the cats or dogs, on behalf of another person in a homeenvironment.

4. The exhibition of dogs or cats.

(Added to NRS by 1993, 2146)

NRS 574.350 Enforcementby society for prevention of cruelty to animals prohibited. No member, agent or officer of a society for theprevention of cruelty to animals may enforce the provisions of NRS 574.210 to 574.510, inclusive.

(Added to NRS by 1993, 2147)

Duties of Operators

NRS 574.360 Buildingsand grounds; housing facilities. An operatorshall ensure that:

1. The buildings and grounds at all locations wheredogs or cats are kept:

(a) Are clean and in good repair; and

(b) Do not become accumulated with trash.

2. Housing facilities:

(a) Are constructed and maintained in such a manner asto:

(1) Protect the dogs or cats inside from injury;

(2) Prevent the dogs or cats inside fromescaping; and

(3) Restrict the entrance of other dogs andcats.

(b) Have adequate and reliable sources of electrical powerand potable water available.

(Added to NRS by 1993, 2147)

NRS 574.370 Enclosuresgenerally. An operator shall:

1. Provide all dogs and cats with primary enclosureslocated indoors, except dogs and cats that are acclimated to the outdoorenvironment.

2. Ensure that the interior of a housing facility forindoor primary enclosures is constructed and maintained in such a manner as tobe substantially impervious to moisture and to facilitate regular cleaning.

3. Provide a suitable method to eliminate excessivewater from the interior of a housing facility for indoor primary enclosures.Any drains must be constructed and maintained in such a manner as to avoid foulodors. Any closed system for drainage must be equipped with traps that preventthe release of sewage into the housing facility.

4. Ensure that indoor primary enclosures areconstructed and maintained in such a manner as to:

(a) Protect the dogs or cats inside from excessiveillumination while providing an ample amount of light, by natural or artificialmeans, or both, of a sufficient distribution and intensity to allow for routineinspection and cleaning.

(b) Provide a sufficient amount of heat when necessaryto protect the dogs or cats inside from cold and to maintain their health and comfort.The ambient temperature of an indoor primary enclosure in which one or morecats or dogs are kept must not be allowed to fall below 50 degrees Fahrenheit,unless each cat or dog is acclimated to a lower temperature.

(c) Provide adequate ventilation at all times tomaintain the health and comfort of the dogs or cats inside. The system ofventilation must provide fresh air by means of windows, doors, vents orair-conditioning, and be designed to maintain drafts, odors and thecondensation of moisture at a minimum. If the ambient temperature reaches 85degrees Fahrenheit or greater, air-conditioning, exhaust fans and vents, orother auxiliary ventilation must be provided.

(Added to NRS by 1993, 2147)

NRS 574.380 Dogsand cats kept outdoors. If dogs or cats arekept outdoors, an operator shall:

1. Provide a suitable method for the rapid drainage ofsurface water from the area where each dog or cat is kept.

2. Provide each dog or cat with a sufficient amount ofshelter to:

(a) Remain dry from rain and snow;

(b) Have enough shade to protect itself from any directsunlight that is likely to cause overheating or discomfort; and

(c) Remain warm when the atmospheric temperature fallsbelow 50 degrees Fahrenheit. If the ambient temperature falls below thetemperature to which a dog or cat is acclimated, the operator shall providesuch an additional amount of clean bedding material or other protection asnecessary for the dog or cat to remain warm.

3. After considering the ambient temperature, provideeach dog or cat with a sufficient amount of food and water necessary to sustainit in a healthy condition at that temperature.

(Added to NRS by 1993, 2147)

NRS 574.390 Primaryenclosures generally. An operator shall ensurethat a primary enclosure is constructed and maintained in such a manner as to:

1. Protect the dogs or cats inside from injury;

2. Prevent the dogs or cats inside from escaping;

3. Keep other dogs or cats out;

4. Allow the dogs or cats inside convenient access tofood and water;

5. Enable the dogs or cats inside to remain clean anddry; and

6. Provide sufficient space for each dog or cat insideto turn about freely and to stand, sit and lie in a comfortable, normalposition.

(Added to NRS by 1993, 2148)

NRS 574.400 Floorspace of primary enclosure. An operator shallensure that a primary enclosure in which a dog or cat that is at least 6 monthsold is kept has a minimum amount of floor space which is calculated by findingthe mathematical square of the sum of 6 inches plus the length of the dog orcat measured from the tip of its nose to the base of its tail, and dividingthat amount by 144, to arrive at the minimum amount of square footage requiredfor the floor space.

(Added to NRS by 1993, 2148)

NRS 574.410 Dogsor cats kept in primary enclosures together. Ifdogs or cats are kept in primary enclosures, an operator shall ensure that:

1. Dogs placed together with other dogs and catsplaced together with other cats are compatible.

2. A dog or cat that displays a vicious disposition isnot placed together with any other dog or cat.

3. A female dog or cat is not placed together with anyintact male dog or cat during periods of estrus, except for supervisedbreeding.

4. An immature dog or cat is not placed together withan adult dog or cat, except with its mother or when permanently maintained in abreeding colony.

(Added to NRS by 1993, 2148)

NRS 574.420 Foodand water. An operator shall ensure that:

1. Potable water is offered to each dog or cat atleast twice daily for not less than 1 hour on each occasion, unless potablewater is accessible to the dog or cat at all times or except as otherwiserequired to provide adequate care.

2. Each dog or cat is fed at least once each day,except as otherwise required to provide adequate care.

3. The food provided to a dog or cat is wholesome,palatable, free from contamination, and of sufficient quality and nutritivevalue to meet the normal daily requirements for the dog or cat, based upon itscondition and size.

4. Supplies of perishable food are adequatelyrefrigerated.

5. Containers of food are:

(a) Durable, except that disposable receptacles may beused if they are discarded after each feeding; and

(b) Located so as to be accessible to the dogs or catswhile reducing to a minimum any contamination from excreta.

6. Containers of food and water are kept clean.Self-feeders must not be used for the feeding of dry food unless they arecleaned regularly to prevent molding, deterioration and the caking of food.

(Added to NRS by 1993, 2148)

NRS 574.430 Sanitization. An operator shall ensure that:

1. Insects, ectoparasites and avian, mammalian andreptilian pests are kept under control.

2. Supplies of food and bedding material are stored infacilities that afford adequate protection from infestation or contamination byvermin.

3. Excreta are removed from primary enclosures atleast once daily to prevent contamination and to reduce to a minimum odors andthe risk of disease. A primary enclosure must be disinfected at least oncedaily and before placing another dog or cat in the primary enclosure. If ahosing or flushing method of cleaning is used, all dogs and cats must beremoved from the primary enclosure and adequate measures must be taken toprotect the dogs and cats in other primary enclosures from being contaminatedwith water and other wastes.

4. Other enclosures are cleaned, washed anddisinfected at least once every 2 weeks to prevent any accumulation of debrisor excreta and to reduce to a practical minimum substances and organismsinjurious to the health of animals or humans.

5. Pens or runs with hard surfaces, and cages androoms, are sanitized at least once every 2 weeks by:

(a) Washing them with water of a temperature not lessthan 120 degrees Fahrenheit and with soap or detergent;

(b) Washing all soiled surfaces with a safe andeffective disinfectant; or

(c) Cleaning all soiled surfaces with live steam.

6. Pens or runs with gravel, sand or dirt surfaces arecleaned as often as necessary by removing and replacing the soiled gravel, sandor dirt.

7. Sewage, solid wastes, soiled bedding, dead animalsand debris are removed from housing facilities regularly and disposed ofproperly.

8. Facilities for disposal are maintained in such a manneras to reduce to a minimum odors and the risk of disease or infestation byvermin.

9. Adequate facilities, such as washrooms, basins orsinks, are provided for the cleanliness of persons handling animals.

(Added to NRS by 1993, 2149)

NRS 574.440 Programto control disease and care for health. Anoperator shall, with the approval of a veterinarian, establish and maintain aprogram to control disease and care for the health of dogs and cats. As part ofthis program, an operator shall ensure that:

1. Each dog and cat is observed daily by the persondirectly responsible for its care, or by someone else under that personsdirect supervision.

2. Blind, lame, injured, ill or diseased dogs and catsare provided with the appropriate veterinary care that is consistent with thepurposes for which a dog or cat is being kept or humanely euthanized.

3. Any dogs or cats under quarantine or being treatedfor a communicable disease are kept separate from other dogs and cats.

(Added to NRS by 1993, 2149)

Retailers and Dealers

NRS 574.450 Examinationby veterinarian; sale of cat or dog that requires immediate treatmentprohibited; conditions under which presence of parasites requires treatment.

1. A retailer or dealer shall, after the acquisitionof a cat or dog for resale, cause the cat or dog to be examined by aveterinarian. The retailer or dealer shall not sell the cat or dog before it isinitially examined by a veterinarian.

2. A retailer or dealer shall cause a cat or dogacquired for resale to be reexamined by a veterinarian:

(a) Fourteen days after the date of its initialexamination; and

(b) Every 30 days thereafter until sold.

3. If a veterinarian conducting an examinationpursuant to this section finds that the cat or dog has no illness, disease orother condition that is terminal or requires immediate hospitalization orimmediate surgical intervention, he shall provide a written statement settingforth his findings to the retailer or dealer.

4. A retailer or dealer shall not knowingly sell a cator dog if it has an illness, disease or other condition that is terminal orrequires immediate hospitalization or immediate surgical intervention.

5. For the purposes of this section, the presence ofinternal or external parasites does not constitute an illness, disease or othercondition that is terminal or requires immediate hospitalization or immediatesurgical intervention unless the cat or dog is clinically ill as a result ofthe parasite.

(Added to NRS by 1993, 2149; A 1997, 2772)

NRS 574.460 Provisionof written statement to purchaser of cat: Required disclosures; signature ofseller and purchaser.

1. A retailer or dealer shall, before selling a cat,provide the purchaser of the cat with a written statement that discloses:

(a) The name, address and telephone number of theretailer or dealer.

(b) The date the cat was born, if known.

(c) The name and address of the person from whom theretailer or dealer obtained the cat and, if the person holds a license issuedby the United States Department of Agriculture, the persons federalidentification number.

(d) The name and address of the breeder of the cat, ifany, and, if the breeder holds a license issued by the United States Departmentof Agriculture, the breeders federal identification number.

(e) The registration numbers, if any, of the cats sireand dam with the appropriate breed registry or any health certifications from ahealth certification organization such as the Orthopedic Foundation for Animalsor its successor organization, if any.

(f) A record of any immunizations administered to thecat before the time of sale, including the type of vaccine, date ofadministration and name and address of the veterinarian who prescribed thevaccine.

(g) The medical history of the cat, including, withoutlimitation:

(1) The date that a veterinarian examined and,if applicable, reexamined the cat pursuant to subsections 1 and 2 of NRS 574.450 and determined that the cat didnot have any illness, disease or other condition that is terminal or requiresimmediate hospitalization or immediate surgical intervention. For the purposesof this subparagraph, the presence of internal or external parasites does notconstitute an illness, disease or other condition that is terminal or requiresimmediate hospitalization or immediate surgical intervention, unless the cat isclinically ill as a result of the parasite.

(2) Whether any treatment or medication has beenadministered by the veterinarian who examined or, if applicable, reexamined thecat pursuant to subsections 1 and 2 of NRS574.450 and if such treatment or medication was administered, a statementindicating on what date it was administered and for what illness, disease orcondition.

(3) The name and address of the veterinarian whoperformed the examinations or reexaminations or administered any treatments ormedications.

(h) That a copy of the veterinarians evaluation of thehealth of the cat made pursuant to NRS574.450 is available to the purchaser.

2. The written statement must be signed and dated bythe retailer or dealer and contain a space for the purchaser to sign and datethe statement as an attestation that he has read and understands thedisclosures contained in the statement.

(Added to NRS by 1993, 2150; A 1997, 2773)

NRS 574.470 Provisionof written statement to purchaser of dog: Required disclosures; signature ofseller and purchaser.

1. A retailer or dealer shall, beforeselling a dog, provide the purchaser of the dog with a written statement thatdiscloses:

(a) The name, address and telephone number of theretailer or dealer.

(b) The date the dog was born, if known.

(c) The name and address of the person from whom theretailer or dealer obtained the dog and, if the person holds a license issuedby the United States Department of Agriculture, the persons federalidentification number.

(d) The name and address of the breeder of the dog, ifany, and, if the breeder holds a license issued by the United States Departmentof Agriculture, the breeders federal identification number.

(e) The registration numbers, if any, of the dogs sireand dam with the appropriate breed registry or any health certificates from ahealth certification organization such as the Orthopedic Foundation for Animalsor its successor organization, if any.

(f) A record of any immunizations administered to thedog before the time of sale, including the type of vaccine, date ofadministration and name and address of the veterinarian who prescribed thevaccine.

(g) The medical history of the dog, including, withoutlimitation:

(1) The date that a veterinarian examined and,if applicable, reexamined the dog pursuant to subsections 1 and 2 of NRS 574.450 and determined that the dog didnot have any illness, disease or other condition that is terminal or requiresimmediate hospitalization or immediate surgical intervention. For the purposesof this subparagraph, the presence of internal or external parasites does notconstitute an illness, disease or other condition that is terminal or requiresimmediate hospitalization or immediate surgical intervention, unless the dog isclinically ill as a result of the parasite.

(2) Whether any treatment or medication has beenadministered by the veterinarian who examined or, if applicable, reexamined thedog pursuant to subsections 1 and 2 of NRS574.450 and, if such treatment or medication was administered, a statementindicating on what date it was administered and for what illness, disease orcondition.

(3) The name and address of the veterinarian whoperformed the examinations or reexaminations or administered any treatments ormedications.

(h) That a copy of the veterinarians evaluation of thehealth of the dog performed pursuant to NRS574.450 is available to the purchaser.

2. The written statement must be signed and dated bythe retailer or dealer and contain a space for the purchaser to sign and datethe statement as an attestation that he has read and understands thedisclosures contained in the statement.

(Added to NRS by 1993, 2150; A 1997, 2774)

NRS 574.480 Postingof notice concerning dog or cat offered for sale. Aretailer or dealer shall conspicuously post within close proximity to theprimary enclosure of a dog or cat offered for sale the following notice printedin at least 48-point type upon paper that is at least 11 inches wide and 17inches long:

 

NEVADA LAW REQUIRES THAT INFORMATION CONCERNING THE DATE OFBIRTH, SOURCE, LINEAGE AND MEDICAL HISTORY OF THESE DOGS (OR CATS) BE PROVIDEDTO THE PURCHASER BEFORE THE COMPLETION OF ANY SALE.

 

(Added to NRS by 1993, 2151; A 1997, 2775)

NRS 574.485 Impositionof administrative fines for violation of NRS 574.460, 574.470or 574.480;deposit in State General Fund.

1. In addition to any other penalty provided by law,the Director of the State Department of Agriculture may impose anadministrative fine on any retailer or dealer who violates the provisions of NRS 574.460, 574.470 or 574.480 in an amount not to exceed:

 

For the first violation............................................................................................. $250

For the second violation......................................................................................... 500

For each subsequent violation........................................................................... 1,000

 

2. All fines collected by the Director pursuant tosubsection 1 must be deposited with the State Treasurer for credit to the StateGeneral Fund.

(Added to NRS by 1997, 2772; A 1999, 3699)

NRS 574.490 Dutiesupon determination that pet was sold with condition that requires immediatetreatment. If a person purchases a pet from aretailer or dealer and, within 10 days after the sale, a veterinariandetermines that the pet has an illness, disease or other condition that isterminal or requires immediate hospitalization or immediate surgicalintervention and that was in existence on the date of the sale, the retailer ordealer shall, at the option of the purchaser, either:

1. Refund the purchase price of the pet if the pet isreturned or provide the purchaser with another pet of equal value; or

2. Reimburse the purchaser, in an amount not to exceedthe purchase price of the pet, for expenses incurred by the purchaser inobtaining a diagnosis and treatment for the pet from a veterinarian chosen bythe retailer or dealer.

(Added to NRS by 1993, 2151)

NRS 574.500 Separatingdog or cat from mother. A retailer, dealer oroperator shall not separate a dog or cat from its mother until it is accustomedto taking food or nourishment other than by nursing.

(Added to NRS by 1993, 2151)

NRS 574.510 Knowinglyselling dog or cat with condition requiring immediate treatment prohibited;penalties.

1. A retailer or dealer who sells a dog or cat that heknows has any illness, disease or other condition that is terminal or requiresimmediate hospitalization or immediate surgical intervention and fails todisclose such information at the time of sale is guilty of a misdemeanor. Inaddition to any other penalty that may be imposed, the court may prohibit aperson convicted of a violation of this section from selling any dogs or catsfor not more than 1 year.

2. For the purposes of this section, the presence ofinternal or external parasites does not constitute an illness, disease or othercondition that is terminal or requires immediate hospitalization or immediatesurgical intervention unless the dog or cat is clinically ill as a result ofthe parasite.

(Added to NRS by 1993, 2151)

STERILIZATION OF PETS

NRS 574.600 Definitions. As used in NRS 574.600to 574.660, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 574.605 to 574.630, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1997, 2553)

NRS 574.605 Agreementfor sterilization defined. Agreement for sterilizationmeans the written contract between a new owner and the releasing agency fromwhich the new owner adopts a pet, in which the new owner agrees to have the petsterilized.

(Added to NRS by 1997, 2553)

NRS 574.610 Newowner defined. New owner means a person whois adopting a pet from a releasing agency.

(Added to NRS by 1997, 2554)

NRS 574.615 Petdefined.

1. Pet means an animal that is kept by a personprimarily for personal enjoyment.

2. The term does not include an animal that is kept bya person primarily for:

(a) Hunting;

(b) Use in connection with farming or agriculture;

(c) Breeding;

(d) Drawing heavy loads; or

(e) Use as a service animal or a service animal intraining, as those terms are defined in NRS426.097 and 426.099, respectively.

(Added to NRS by 1997, 2554; A 2003, 2976)

NRS 574.620 Releasingagency defined. Releasing agency means:

1. A society incorporated pursuant to NRS 574.010 to prevent cruelty to animals;

2. An animal shelter designated by a local governmentfor receiving and holding animals;

3. A nonprofit entity that provides for the temporaryshelter, care or placement of pets; or

4. An organization that takes into custody pets whichhave been abandoned, abused or neglected and places those pets with new owners.

(Added to NRS by 1997, 2554)

NRS 574.625 Sterilizationdefined. Sterilization means a procedureperformed by a veterinarian on a pet that permanently destroys the capacity ofthe pet to reproduce.

(Added to NRS by 1997, 2554)

NRS 574.630 Veterinariandefined. Veterinarian has the meaning ascribedto it in NRS 574.330.

(Added to NRS by 1997, 2554)

NRS 574.640 Restrictionson release of certain pets; exceptions.

1. Except as otherwise provided in subsection 2, areleasing agency shall not release a pet that is:

(a) Four months old or older unless the pet has beensterilized; or

(b) Less than 4 months old unless the pet is releasedto a new owner who:

(1) Is of competent legal capacity;

(2) Pays to the releasing agency a deposit equalto the prevailing cost to sterilize that type of pet in the county in which thereleasing agency is located, as determined by the releasing agency, or $25,whichever is greater; and

(3) Signs an agreement for sterilization thatmeets the requirements set forth in NRS574.645.

2. This section does not apply to:

(a) A pet that:

(1) Is reclaimed from a releasing agency by aperson who already owns the pet; or

(2) Cannot be sterilized because it is exotic orfor another legitimate reason, as determined by a veterinarian.

(b) A releasing agency that imposes higher or morestringent standards for the adoption of pets.

(c) The temporary transfer of the custody of a pet thatrequires medical attention from a releasing agency to a veterinarian.

(d) The temporary or permanent transfer of the custodyof a pet from one releasing agency to another releasing agency.

(Added to NRS by 1997, 2554)

NRS 574.645 Requiredcontents of agreement for sterilization; determination of date forsterilization and date for notification of sterilization.

1. An agreement for sterilization required pursuant tosubsection 1 of NRS 574.640 must contain:

(a) The date on which the agreement was executed;

(b) The date on which the new owner will receive thepet, if that date is different than the date on which the agreement wasexecuted;

(c) The name and address of the new owner and thereleasing agency;

(d) The signature of the new owner and the signature,official stamp or seal of the releasing agency;

(e) A physical description of the pet to be adopted;

(f) The date by which the pet must be sterilized, asdetermined pursuant to subsection 2;

(g) The date by which the new owner must notify thereleasing agency that the pet has been sterilized, as determined pursuant tosubsection 3;

(h) The conditions pursuant to which the releasingagency will return to the new owner the deposit paid pursuant to NRS 574.640;

(i) A clause which provides that, if the new ownerfails to comply with the terms of the agreement, he must pay a penalty to thereleasing agency in an amount equal to not less than three times the amount ofthe deposit required pursuant to NRS 574.640,plus the amount of court costs incurred in the action to enforce the clause;

(j) A clause which provides that, if the new ownerfails to comply with the terms of the agreement, the releasing agency mayrequire the new owner to return the pet to the releasing agency within 5 daysafter the new owner receives from the releasing agency written notice of theintent of the releasing agency to enforce the clause;

(k) A clause which provides that a new owner is notreleased from his obligations under the agreement merely because he isexperiencing a financial hardship; and

(l) A statement printed in at least 14-point bold typethat a new owner who fails to comply with subsection 1 or 2 of NRS 574.655:

(1) Will forfeit his deposit;

(2) May be required to pay a penalty to thereleasing agency if the releasing agency brings a successful action to enforcethe clause set forth in paragraph (i); and

(3) May be required to return the pet to thereleasing agency within 5 days after the new owner receives written notice fromthe releasing agency of the intent of the releasing agency to enforce theclause set forth in paragraph (j).

2. The releasing agency shall determine the date bywhich each unsterilized pet that it releases for adoption must be sterilized.The date must be the date on which the pet is 4 months old, as estimated by thereleasing agency. If the date determined pursuant to this subsection falls on aSaturday, Sunday or a legal holiday, the pet must be sterilized by 5 p.m. onthe next following business day.

3. The date by which the new owner must notify thereleasing agency that the pet has been sterilized must be the 14th day afterthe date by which the pet must be sterilized. If that date falls on a Saturday,Sunday or a legal holiday, the new owner must notify the releasing agency by 5 p.m.on the next following business day.

(Added to NRS by 1997, 2555)

NRS 574.650 Postponementof date for sterilization: Letter signed by veterinarian required; modificationof agreement for sterilization.

1. Except as otherwise provided in subsection 2, if anew owner presents to the releasing agency a letter signed by a veterinarianwhich includes:

(a) A statement that the life or health of the pet maybe jeopardized by sterilization; and

(b) The veterinarians medical reason for thatdetermination,

thereleasing agency may postpone for 30 days the date by which the pet must besterilized. An additional 30-day postponement may be granted if the new ownerpresents a letter from a veterinarian stating the medical reason for thepostponement. There is no limit on the number of postponements that may begranted pursuant to this subsection.

2. Before the releasing agency may grant apostponement pursuant to subsection 1, the agency and the new owner must modifythe agreement for sterilization to provide amended dates by which the pet mustbe sterilized and the agency must be notified of the sterilization.

(Added to NRS by 1997, 2556)

NRS 574.655 Notificationof sterilization to releasing agency; exceptions; effect of failure to comply.

1. Except as otherwiseprovided in subsection 2, a new owner who signs an agreement for sterilizationand receives an unsterilized pet from a releasing agency shall:

(a) Have that pet sterilized on or before the datespecified in the agreement for sterilization; and

(b) Submit to the releasing agency, on or before thedate by which notification is required in the agreement for sterilization:

(1) A letter signed by a veterinarian:

(I) Verifying that the pet has beensterilized;

(II) Stating the date on which the pet wassterilized; and

(III) Providing a physical description ofthe pet; and

(2) A bill or receipt from the veterinarianverifying that the pet has been sterilized.

2. A new owner shall be deemed to have complied withthe provisions of subsection 1 if he submits to the releasing agency, on orbefore the date by which notification is required in the agreement forsterilization, a signed affidavit in which he sets forth a compelling reasonwhy he is unable to have the pet sterilized, including, without limitation,that the pet has been lost or stolen. For the purposes of this subsection,financial hardship or the negligent or willful failure of the new owner to havethe pet sterilized does not constitute a compelling reason.

3. A releasing agency shall refund to a new owner thedeposit paid pursuant to NRS 574.640within 15 days after receipt of the letter and the bill or receipt requiredpursuant to subsection 1 or the affidavit required pursuant to subsection 2.

4. If a new owner fails to comply with subsection 1 or2, the releasing agency:

(a) Shall retain the deposit paid by the new owner;

(b) May bring an action against the new owner in theJustice Court in whose jurisdiction the releasing agency is located to enforcethe clause included in the agreement for sterilization pursuant to paragraph(i) of subsection 1 of NRS 574.645; and

(c) May require the new owner to return the pet to thereleasing agency pursuant to the clause included in the agreement forsterilization pursuant to paragraph (j) of subsection 1 of NRS 574.645. The releasing agency mustnotify the new owner in writing of its intent to enforce the clause included inthe agreement pursuant to paragraph (j) of subsection 1 of NRS 574.645.

(Added to NRS by 1997, 2556)

NRS 574.660 Dutyof releasing agency to establish account; deposit of money; authorizedexpenditures.

1. Each releasingagency shall:

(a) Establish an account at a bank, credit union orsavings and loan association that is located within the State of Nevada; and

(b) Place in that account:

(1) A deposit paid by a new owner pursuant to NRS 574.640; and

(2) Money collected by the agency pursuant tosubsection 4 of NRS 574.655.

2. The releasing agency may expend money in such anaccount only to:

(a) Provide education and information regarding thesterilization of pets;

(b) Provide financial assistance to persons with financialneed to enable such persons to have their pets sterilized; and

(c) Carry out and enforce NRS 574.600 to 574.660, inclusive.

3. If a releasing agency is an agency orinstrumentality of a local government, money in such an account at the end ofthe fiscal year does not revert to the general fund of the local government butremains in the account for expenditure pursuant to subsection 2.

(Added to NRS by 1997, 2557)

 

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