Nevada's Cruelty to Animals Statutes

Relevant portions in BOLD

Nevada Cruelty to Animals Statutes

NEVADA STATUTES
TITLE 20. COUNTIES AND TOWNSHIPS; FORMATION, GOVERNMENT AND OFFICERS
CHAPTER 244. COUNTIES: GOVERNMENT
HEALTH AND SAFETY

244.359. Ordinances concerning control of animals; license fee; applicability.
1. Each board of county commissioners may enact and enforce an ordinance or ordinances:
(a) Fixing, imposing and collecting an annual license fee on dogs and providing for the capture and disposal of all dogs on which the license fee is not paid.
(b) Regulating or prohibiting the running at large and disposal of all kinds of animals.
(c) Establishing a pound, appointing a poundkeeper and prescribing his duties.
(d) Prohibiting cruelty to animals.
(e) Designating an animal as inherently dangerous and requiring the owner of such an animal to obtain a policy of liability insurance for the animal in an amount determined by the board of county commissioners.

2. Any ordinance or ordinances enacted pursuant to the provisions of paragraphs (a) and (b) of subsection 1 may apply throughout an entire county or govern only a limited area within the county which shall be specified in the ordinance or ordinances.

3. Except as otherwise provided in this subsection, a board of county commissioners may by ordinance provide that the violation of a particular ordinance enacted pursuant to this section imposes a civil liability to the county in an amount not to exceed $500, instead of a criminal penalty. An ordinance enacted pursuant to this section that creates an offense relating to bites of animals, vicious or dangerous animals, horse tripping or cruelty to animals must impose a criminal penalty for the offense. As used in this subsection, "horse tripping" does not include tripping a horse to provide medical or other health care for the horse.



TITLE 21. CITIES AND TOWNS
CHAPTER 266. GENERAL LAW FOR INCORPORATION OF CITIES AND TOWNS
POWERS OF CITY COUNCIL

266.325. Control of animals and poultry; collection of fee.
The city council may:

1. Fix, impose and collect an annual license fee on all animals and provide for the capture and disposal of all animals on which the license fee is not paid.

2. Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.

3. Establish a pound, appoint a poundkeeper and prescribe his duties.

4. Prohibit cruelty to animals.


TITLE 50. ANIMALS
CHAPTER 574. CRUELTY TO ANIMALS: PREVENTION AND PENALTIES
SOCIETIES FOR PREVENTION OF CRUELTY TO ANIMALS

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



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 district or local officers.

(c) Providing for means and systems for the effectual attainments of the objects contemplated by this chapter, for the regulation and management of its business affairs, and for the effectual working of the societies.

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

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


574.030. Elections; reports.
Such societies shall:

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

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

3. Report to the legislature, at each of its regular sessions, a full account of all their acts.


574.040. Arrests by members, agents and officers; exhibition of badge; resistance to officers unlawful.
1. Except as otherwise provided in this subsection and NRS 574.350, a member, agent or local or district officer of a society so incorporating, if authorized in writing by the trustees of the society, approved by the district judge of the county, and sworn in the same manner as peace officers are sworn, may make arrests for a violation of the provisions of this chapter in the same manner as is provided for other officers. The provisions of this subsection apply only to a society that, on the date the society submits an application to the district judge for approval for a member, agent or local or district officer of the society to make 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 years immediately preceding the submission of the application.

2. Before submitting an application specified in subsection 1, the society shall submit to the sheriff of the county a complete set of the fingerprints of the member, agent or local or district officer of the society to whom the application relates. Upon receipt of the fingerprints, the sheriff shall forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for a report concerning the criminal history of the member, agent or local or district officer of the society. Upon receipt of the report, the sheriff shall forward the report to the society. The society shall include the report in the application submitted pursuant to subsection 1.

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

4. A person who resists such a specially appointed officer shall be punished for that resistance in the same manner as is provided for the punishment of resistance to other officers.



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

1. "Animal" does not include the human race, but includes every other living creature.

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

3. "Torture" or "cruelty" includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.


574.055. Taking possession of animal being treated cruelly; notice to owner; lien for cost of care; disposition of animal; liability of officer; limitations and procedure when animal on agricultural land.
1. Any peace officer or officer of a society for the prevention of cruelty to animals who is authorized to make arrests pursuant to NRS 574.040 shall, upon discovering any animal which is being treated cruelly, take possession of it and provide it with shelter and care or, upon obtaining written permission from the owner of the animal, may destroy it in a humane manner.

2. If an officer takes possession of an animal, he shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, and the fact that there is a limited lien on the animal for the cost of shelter and care. If the owner is not present at the taking and the officer cannot find the owner after a reasonable search, he shall post the notice on the property from which he takes the animal. If the identity and address of the owner are later determined, the notice must be mailed to the owner immediately after the determination is made.

3. An officer who takes possession of an animal pursuant to this section has a lien on the animal 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 cost of care and shelter for more than 2 weeks.

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

5. An officer who seizes an animal pursuant to this section is not liable for any action arising out of the taking or humane destruction of the animal.

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

7. The owner of an animal impounded in accordance with the provisions of subsection 6 must, before the animal is released to his custody, pay the charges approved by the sheriff as reasonably related to the impoundment, including the charges for the animal's food and water. If the owner is unable or refuses to pay the charges, the state department of agriculture shall sell the animal. The department shall pay to the owner the proceeds of the sale remaining after deducting the charges reasonably related to the impoundment.


574.100. Overdriving, torturing, injuring or abandoning animals; failure to provide proper sustenance; penalty.
1. A person shall not:
(a) Overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an animal, whether belonging to himself or to another;
(b) Deprive an animal of necessary sustenance, food or drink, 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 act of cruelty to any animal, or any act tending to produce such cruelty; or
(e) Abandon an animal in circumstances other than those prohibited in NRS 574.110.

2. A person who violates subsection 1:
(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service. The person shall 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 served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.
(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall 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 the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.


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

4. The court may order the person convicted of violating subsection 1 to surrender ownership or possession of the mistreated animal.

5. The provisions of this section do not apply with respect to an injury to or the death of an animal that occurs accidentally in the normal course of:
(a) Carrying out the activities of a rodeo or livestock show; or
(b) Operating a ranch.


574.105. Mistreatment of police animal and interference with duties of police animal or handler unlawful; penalty; exception
1. A person shall not willfully and maliciously:
(a) Taunt, torment, tease, beat, strike or administer a desensitizing drug, chemical or substance to a police animal;
(b) Interfere with a police animal or a handler thereof in the performance of duties assigned to the police animal or handler; or
(c) Torture, mutilate, injure, poison, disable or kill a police animal.

2. A person who violates:
(a) Paragraph (a) or (b) of subsection 1 is guilty of a category 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 disabled or killed, a category D felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.
(2) If the police animal is totally disabled or killed, a category C felony and shall be punished as provided in NRS 193.130. In addition to the punishment imposed pursuant to this subparagraph, the court may require a person who is punished pursuant to this subparagraph to pay restitution to the agency that owns the police animal, including, without limitation, payment for veterinary services and the cost of replacing the police animal.

3. The provisions of this section do not prohibit a euthanasia technician licensed pursuant to chapter 638 of NRS, a peace officer or a veterinarian from euthanizing a police animal in an emergency if the police animal is critically wounded and would otherwise endure undue suffering and pain.


574.110. Abandonment of disabled animal unlawful; penalty.
1. A person being the owner or possessor, or having charge or custody, of a maimed, diseased, disabled or infirm animal, who abandons such animal or leaves it to die in a public street, road or public place, or who allows it to lie in a public street, road or public place more than 3 hours after he receives notice that it is left disabled, is guilty of a misdemeanor.

2. Any agent or officer of any society for the prevention of cruelty to animals, or of any society duly incorporated for that purpose, or any police officer, may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for, appearing, in the judgment of two reputable citizens called by him to view the same in his presence, to be glandered, injured or diseased past recovery for any useful purpose, or after such agent or officer has obtained in writing from the owner of such animal his consent to such destruction.

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


574.120. Failure to provide proper food and water to impounded animal; penalty.
1. A person who has impounded or confined any animal shall not refuse or neglect to supply to the animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water.

2. A person who violates subsection 1:
(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall 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 served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his place of employment or on a weekend.
(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall 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 the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

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

4. If any animal is at any time impounded as provided in subsection 1, and continues to be without necessary food and water for more than 12 successive hours, any person may, as often as it is necessary, the animal is so confined and supply it with necessary food and water, so long as it remains so confined. Such a person is not liable to any action for such entry, and the reasonable cost of such food and water may be collected by him from the owner of the animal, and the animal is not exempt from levy and sale upon execution issued upon a judgment therefor.


574.130. Selling, offering to sell or exposing diseased animal.
A person who willfully sells or offers to sell, uses, exposes, or causes or permits to be sold, offered for sale, used or exposed, any horse or other animal having the disease known as glanders or farcy, or other contagious or infectious 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 of life an animal affected with any such disease, is guilty of a misdemeanor.


574.140. Sale of disabled horses unlawful.
It shall be unlawful for any person to sell any horse which, by reason of disease, could not be worked in this state without violating the law against cruelty to animals.


574.150. Poisoning or attempting to poison animals unlawful; penalties.
1. A person who unjustifiably administers any poisonous or noxious drug or substance to a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with the intent that it be taken by a horse, mule or by domestic cattle, whether the horse, mule or domestic cattle are the property of himself or another, is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

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

3. This section does not prohibit the destruction of noxious animals.


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


574.180. Running horses on highway; penalty.
A person driving any vehicle upon any plank road, turnpike or public highway, who unjustifiably runs the horses drawing the same, or causes or permits them to run, is guilty of a misdemeanor.


574.190. Carrying animal in cruel manner; penalty.
A person who carries or causes to be carried in or upon any vessel or vehicle or otherwise any animal in a cruel or inhuman manner, or so as to produce torture, is guilty of a misdemeanor.


574.200. Intended applicability of provisions.
The provisions of NRS 574.050 to 574.190, inclusive, and 574.210 to 574.510, inclusive, do not:

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

2. Interfere with the right to destroy any venomous reptiles or animals, or any animal known as dangerous to life, limb or property.

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

4. Prohibit or interfere with any properly conducted scientific experiments or investigations which are performed under the authority of the faculty of some regularly incorporated medical college or university of this state.

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

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