Assembly Bill No. 208–Assemblymen Collins, Claborn, de Braga, Von Tobel, Anderson, Angle, Arberry, Beers, Brown, Carpenter, Cegavske, Chowning, Dini, Freeman, Gibbons, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Marvel, Mortenson, Neighbors, Nolan, Oceguera, Parks, Parnell, Perkins, Price, Smith, Tiffany and Williams

 

February 20, 2001

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Joint Sponsors: Senators O’Connell, Rawson, Amodei, Neal, Coffin, Jacobsen, Mathews, McGinness, O’Donnell, Raggio, Rhoads, Schneider, Shaffer and Washington

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Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Revises provisions governing treatment of animals. (BDR 50‑206)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to animals; prohibiting an agency, board, commission or political subdivision of this state or an agency, board, commission or governing body of a local government in this state from imposing certain requirements or restrictions concerning the treatment of animals or from regulating certain events in a manner that causes the event to be economically infeasible to conduct; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 574 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  An agency, board, commission or political subdivision of this state,

1-4  including any agency, board, commission or governing body of a local

1-5  government, shall not:

1-6    (a) Impose more stringent restrictions concerning the handling, care,

1-7  transporting, use or other treatment of an animal than the restrictions

1-8  that are set forth in this chapter;

1-9    (b) Require an animal to be spayed or neutered;

2-1    (c) Prohibit:

2-2       (1) The ownership or possession of an animal; or

2-3       (2) The conducting of any rodeo, livestock show, circus, exhibition

2-4  or other event in which an animal is used; or

2-5    (d) Regulate an event specified in subparagraph (2) of paragraph (c)

2-6  in a manner that causes the event to be economically infeasible to

2-7  conduct.

2-8    2.  As used in this section, “animal” has the meaning ascribed to it in

2-9  NRS 574.050.

2-10    Sec. 2.  NRS 244.359 is hereby amended to read as follows:

2-11    244.359  1.  [Each] Except as otherwise provided in section 1 of this

2-12  act, each board of county commissioners may enact and enforce an

2-13  ordinance : [or ordinances:]

2-14    (a) Fixing, imposing and collecting an annual license fee on dogs and

2-15  providing for the capture and disposal of all dogs [on] for which the license

2-16  fee is not paid.

2-17    (b) Regulating or prohibiting the running at large of domestic animals

2-18  and the disposal of all kinds of animals.

2-19    (c) Establishing a pound, appointing a poundkeeper and prescribing his

2-20  duties.

2-21    (d) Prohibiting cruelty to animals.

2-22    2.  Any ordinance [or ordinances] enacted pursuant to the provisions of

2-23  paragraphs (a) and (b) of subsection 1 may apply throughout an entire

2-24  county or govern only a limited area within the county which [shall] must

2-25  be specified in the ordinance . [or ordinances.]

2-26    Sec. 3.  NRS 266.325 is hereby amended to read as follows:

2-27    266.325  [The] Except as otherwise provided in section 1 of this act,

2-28  the city council may:

2-29    1.  Fix, impose and collect an annual license fee on all domestic

2-30  animals and provide for the capture and disposal of all domestic animals

2-31  [on] for which the license fee is not paid.

2-32    2.  Regulate or prohibit the running at large of domestic animals and

2-33  the disposal of all kinds of animals and poultry.

2-34    3.  Establish a pound, appoint a poundkeeper and prescribe his duties.

2-35    4.  Prohibit cruelty to animals.

2-36    Sec. 4.   Section 2.250 of the charter of the City of Caliente, being

2-37  chapter 31, Statutes of Nevada 1971, at page 62, is hereby amended to read

2-38  as follows:

2-39  Sec. 2.250 Powers of city council: Animals and poultry. [The]

2-40  Except as otherwise provided in section 1 of this act, the city council

2-41  may:

2-42  1.  Fix, impose and collect an annual license fee on all domestic

2-43  animals and provide for the capture and disposal of all domestic

2-44  animals [on] for which the license fee is not paid.

2-45  2.  Regulate or prohibit the running at large of domestic animals

2-46  and the disposal of all kinds of animals and poultry.

2-47  3.  Establish a pound, appoint a poundkeeper and prescribe his

2-48  duties.

2-49  4.  Prohibit cruelty to animals.

3-1    Sec. 5.  Section 2.270 of the charter of the City of Carlin, being

3-2  chapter 344, Statutes of Nevada 1971, at page 611, is hereby amended to

3-3  read as follows:

3-4  Sec. 2.270  Powers of board of councilmen: Animals and poultry.

3-5  [The] Except as otherwise provided in section 1 of this act, the board

3-6  of councilmen may:

3-7  1.  Fix, impose and collect an annual per capita tax on all domestic

3-8  animals and provide for the capture and disposal of all domestic

3-9  animals [on] for which the tax is not paid.

3-10  2.  Regulate or prohibit the running at large of domestic animals

3-11  and the disposal of all kinds of animals and poultry.

3-12  3.  Establish a pound, appoint a poundkeeper and prescribe his

3-13  duties.

3-14  4.  Prohibit cruelty to animals.

3-15    Sec. 6.  Section 2.180 of the charter of Carson City, being chapter 213,

3-16  Statutes of Nevada 1969, as last amended by chapter 341, Statutes of

3-17  Nevada 1999, at page 1407, is hereby amended to read as follows:

3-18  Sec. 2.180  Power of board: Animals and poultry. [The] Except

3-19  as otherwise provided in section 1 of this act, the board may:

3-20  1.  Fix, impose and collect an annual per capita tax on all dogs and

3-21  provide for the capture and disposal of all dogs [on] for which the tax

3-22  is not paid.

3-23  2.  Regulate or prohibit the running at large within Carson City of

3-24  all [kinds of] domestic animals and poultry, establish a pound, appoint

3-25  a poundkeeper and prescribe his duties, distrain and impound

3-26  domestic animals and poultry running at large, and provide for the

3-27  disposition of [such] all animals and poultry. The proceeds arising

3-28  from the disposition of [such] those animals and poultry, after the

3-29  payment of all costs, must be deposited in the treasury to be disposed

3-30  of according to law.

3-31  3.  Prohibit cruelty to animals.

3-32    Sec. 7.  Section 2.300 of the charter of the City of Elko, being chapter

3-33  276, Statutes of Nevada 1971, at page 484, is hereby amended to read as

3-34  follows:

3-35  Sec. 2.300 Powers of board of supervisors: Animals and poultry.

3-36  [The] Except as otherwise provided in section 1 of this act, the board

3-37  of supervisors may:

3-38  1.  Fix, impose and collect an annual per capita tax on all domestic

3-39  animals and provide for the capture and disposal of all domestic

3-40  animals [on] for which the tax is not paid.

3-41  2.  Regulate or prohibit the running at large of domestic animals

3-42  and the disposal of all kinds of animals and poultry.

3-43  3.  Establish a pound, appoint a poundkeeper and prescribe his

3-44  duties.

3-45  4.  Prohibit cruelty to animals.

3-46    Sec. 8.  Section 2.250 of the charter of the City of Gabbs, being

3-47  chapter 265, Statutes of Nevada 1971, at page 393, is hereby amended to

3-48  read as follows:

4-1  Sec. 2.250  Powers of board of councilmen: Animals and poultry.

4-2  [The] Except as otherwise provided in section 1 of this act, the board

4-3  of councilmen may:

4-4  1.  Fix, impose and collect an annual license fee on all domestic

4-5  animals and provide for the capture and disposal of all domestic

4-6  animals [on] for which the license fee is not paid.

4-7  2.  Regulate or prohibit the running at large of [all kinds of]

4-8  domestic animals and poultry.

4-9  3.  Establish a pound, appoint a poundkeeper and prescribe his

4-10  duties.

4-11  4.  Prohibit cruelty to animals.

4-12    Sec. 9.  Section 2.250 of the charter of the City of Henderson, being

4-13  chapter 266, Statutes of Nevada 1971, as last amended by chapter 596,

4-14  Statutes of Nevada 1995, at page 2210, is hereby amended to read as

4-15  follows:

4-16  Sec. 2.250  Powers of city council: Animals and poultry. [The]

4-17  Except as otherwise provided in section 1 of this act, the city council

4-18  may regulate and control domestic animals and poultry in the city and

4-19  may construct facilities for this purpose.

4-20    Sec. 10.  Section 2.270 of the charter of the City of Las Vegas, being

4-21  chapter 517, Statutes of Nevada 1983, at page 1402, is hereby amended to

4-22  read as follows:

4-23  Sec. 2.270  Powers of city council: Animals and poultry. [The]

4-24  Except as otherwise provided in section 1 of this act, the city council

4-25  may:

4-26  1.  Fix, impose and collect an annual license tax on all domestic

4-27  animals and provide for the capture and disposal of all [of the animals

4-28  with respect to which that] domestic animals for which the tax is not

4-29  paid.

4-30  2.  Regulate or prohibit the running at large of domestic animals

4-31  and the disposal of all kinds of animals and fowl.

4-32  3.  Establish, operate and maintain an animal shelter.

4-33  4.  Prohibit cruelty to animals.

4-34  5.  Provide regulations for the prevention of diseases of animals

4-35  and fowl.

4-36    Sec. 11.  Section 2.250 of the charter of the City of North Las Vegas,

4-37  being chapter 573, Statutes of Nevada 1971, at page 1218, is hereby

4-38  amended to read as follows:

4-39  Sec. 2.250  Powers of city council: Animals and poultry. [The]

4-40  Except as otherwise provided in section 1 of this act, the city council

4-41  may:

4-42  1.  Fix, impose and collect an annual fee on all domestic animals

4-43  and provide for the capture and disposal of all domestic animals [on]

4-44  for which the fee is not paid.

4-45  2.  Regulate or prohibit the running at large of domestic animals

4-46  and the disposal of all kinds of animals and poultry.

4-47  3.  Establish a pound.

4-48  4.  Prohibit cruelty to animals.

5-1    Sec. 12.  Section 2.270 of the charter of the City of Wells, being

5-2  chapter 275, Statutes of Nevada 1971, at page 465, is hereby amended to

5-3  read as follows:

5-4  Sec. 2.270  Powers of board of councilmen: Animals and poultry.

5-5  [The] Except as otherwise provided in section 1 of this act, the board

5-6  of councilmen may:

5-7  1.  Fix, impose and collect an annual per capita tax on all domestic

5-8  animals and provide for the capture and disposal of all domestic

5-9  animals [on] for which the tax is not paid.

5-10  2.  Regulate or prohibit the running at large of domestic animals

5-11  and the disposal of all kinds of animals and poultry.

5-12  3.  Establish a pound, appoint a poundkeeper and prescribe his

5-13  duties.

5-14  4.  Prohibit cruelty to animals.

5-15    Sec. 13.  Section 2.250 of the charter of the City of Yerington, being

5-16  chapter 465, Statutes of Nevada 1971, at page 908, is hereby amended to

5-17  read as follows:

5-18  Sec. 2.250  Powers of city council: Animals and poultry. [The]

5-19  Except as otherwise provided in section 1 of this act, the city council

5-20  may:

5-21  1.  Fix, impose and collect an annual license fee on all domestic

5-22  animals and provide for the capture and disposal of all domestic

5-23  animals [on] for which the license fee is not paid.

5-24  2.  Regulate or prohibit the running at large of domestic animals

5-25  and the disposal of all kinds of animals and poultry.

5-26  3.  Establish a pound, appoint a poundkeeper and prescribe his

5-27  duties.

5-28  4.  Prohibit cruelty to animals.

 

5-29  H