Assembly Bill No. 412–Assemblywoman Tiffany

 

March 16, 2001

____________

 

Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Revises provisions regarding treatment of certain animals in care of animal shelters. (BDR 50‑75)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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

 

AN ACT relating to animals; authorizing governing bodies of counties and cities to establish an advisory committee on animals; prescribing the duties of such an advisory committee; requiring certain animal shelters to observe certain animals perceived as dangerous to determine the appropriate disposition of the animals; requiring an animal shelter to report its determination regarding the appropriate disposition of an animal to the advisory committee under certain circumstances; providing limited immunity from civil or criminal liability under certain circumstances; 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

1-2  the provisions set forth as sections 2, 3 and 4 of this act.

1-3    Sec. 2.  As used in sections 2, 3 and 4 of this act, “animal” has the

1-4  meaning ascribed to it in NRS 574.230.

1-5    Sec. 3.  1.  The board of county commissioners of any county may

1-6  establish an advisory committee on animals for the care and control of

1-7  animals within the jurisdiction of the board of county commissioners.

1-8    2.  The governing body of any city may establish an advisory

1-9  committee on animals for the care and control of animals within the

1-10  jurisdiction of the city.

1-11    3.  Upon establishing such an advisory committee, the board of

1-12  county commissioners or other governing body, as applicable, shall:

1-13    (a) Appoint the members and establish the terms of the members of

1-14  the advisory committee; and

1-15    (b) Appoint a chairman and vice chairman of the advisory committee

1-16  from among the membership of the committee.

1-17    4.  Members of such an advisory committee must serve without salary

1-18  or other compensation, but may receive reimbursement for expenses, as

2-1  authorized by the board of county commissioners or other governing

2-2  body, as applicable.

2-3    5.  Such an advisory committee shall:

2-4    (a) Recommend the appropriate disposition of animals whose status

2-5  has been referred to the advisory committee by an animal shelter

2-6  pursuant to section 4 of this act;

2-7    (b) Advise the body that created the advisory committee concerning

2-8  the review and development of rules, regulations and ordinances for the

2-9  care and control of animals within the jurisdiction of the county or city,

2-10  as applicable;

2-11    (c) Study and make recommendations to the body that created the

2-12  advisory committee regarding:

2-13      (1) The acquisition and provision of services and facilities for the

2-14  care and control of animals within the jurisdiction of the county or city,

2-15  as applicable;

2-16      (2) Methods to facilitate cooperation regarding the care and control

2-17  of animals within the jurisdiction of the county or city, as applicable,

2-18  among governmental entities, veterinarians, retailers and dealers of

2-19  animals, owners of animals and organizations for the humane treatment

2-20  of animals;

2-21      (3) The preparation and compilation of data and reports relating to

2-22  the care and control of animals within the jurisdiction of the county or

2-23  city, as applicable; and

2-24      (4) Methods to control the population of animals within the

2-25  jurisdiction of the county or city, as applicable; and

2-26    (d) Otherwise perform duties relating to the care and control of

2-27  animals within the jurisdiction of the county or city, as applicable,

2-28  pursuant to the direction of the body that created the advisory committee.

2-29    Sec. 4.  1.  Except when the provisions of NRS 202.500 apply to a

2-30  dog and except for the impoundment of animals for the control of rabies,

2-31  if an animal:

2-32    (a) Is brought to an animal shelter because it is alleged that the

2-33  animal is dangerous or is perceived to be dangerous; or

2-34    (b) While in the custody of an animal shelter, is dangerous or

2-35  perceived to be dangerous,

2-36  the animal shelter shall observe the animal for 10 days to determine

2-37  whether the animal poses a continuing threat of danger.

2-38    2.  If, after the 10-day period of observation, the animal shelter

2-39  determines that the animal does not pose a continuing threat of danger,

2-40  the animal shelter shall submit a written report of its finding to the

2-41  appropriate advisory committee on animals. If the animal shelter

2-42  determines that the animal poses a continuing threat of danger, the

2-43  animal shelter shall take appropriate action for the disposition of the

2-44  animal.

2-45    3.  Upon receipt of a written report pursuant to subsection 2, the

2-46  chairman of the advisory committee shall, as soon as practicable, call a

2-47  meeting of the advisory committee. The advisory committee shall review

2-48  the written report of the animal shelter and determine whether the

2-49  animal poses a continuing threat of danger. Based upon its

3-1  determination, the advisory committee shall recommend that the animal

3-2  shelter:

3-3    (a) Return the animal to its owner;

3-4    (b) Secure the adoption of the animal to a person other than its

3-5  owner;

3-6    (c) Provide for the humane euthanasia of the animal; or

3-7    (d) Otherwise provide for the appropriate disposition of the animal.

3-8    4.  An animal may not be found to pose a continuing threat of danger

3-9  pursuant to this section because the animal:

3-10    (a) Behaved defensively against a person who provoked the animal; or

3-11    (b) Exhibited dangerous behavior as a result of injury or other harm

3-12  inflicted upon or suffered by the animal immediately before the behavior.

3-13    5.  If an animal shelter:

3-14    (a) Returns an animal to its owner;

3-15    (b) Provides for the adoption of an animal to another person; or

3-16    (c) Otherwise permits an animal to remain alive,

3-17  as a result of a recommendation of the advisory committee pursuant to

3-18  subsection 3, and the animal subsequently injures or causes harm to a

3-19  person, the body that created the advisory committee, the advisory

3-20  committee and the animal shelter are not subject to civil or criminal

3-21  liability for the injury or harm caused by the animal.

3-22    6.  As used in this section:

3-23    (a) “Animal shelter” means a facility for receiving and holding

3-24  animals that is:

3-25      (1) Designated by a local government for that purpose; or

3-26      (2) Operated by a society for the prevention of cruelty to animals
in compliance with the provisions of NRS 574.010 to 574.040,
inclusive,

3-27  and is located in an area for which an advisory committee on animals

3-28  has been created pursuant to section 3 of this act.

3-29    (b) “Dangerous” means behaving menacingly or aggressively.

3-30    (c) “Provoked” means when the animal is tormented or subjected to

3-31  pain.

3-32    Sec. 5.  NRS 574.200 is hereby amended to read as follows:

3-33    574.200  The provisions of NRS 574.050 to 574.190, inclusive, and

3-34  574.210 to 574.510, inclusive, do not:

3-35    1.  Interfere with any of the fish and game laws contained in Title 45 of

3-36  NRS or any laws for the destruction of certain birds.

3-37    2.  [Interfere] Except as otherwise provided in section 4 of this act,

3-38  interfere with the right to destroy any venomous reptiles or animals, or any

3-39  animal known as dangerous to life, limb or property.

3-40    3.  Interfere with the right to kill all animals and fowl used for food.

3-41    4.  Prohibit or interfere with any properly conducted scientific

3-42  experiments or investigations which are performed under the authority of

3-43  the faculty of some regularly incorporated medical college or university of

3-44  this state.

3-45    5.  Interfere with any scientific or physiological experiments conducted

3-46  or prosecuted for the advancement of science or medicine.

4-1    6.  Prohibit or interfere with established methods of animal husbandry,

4-2  including the raising, handling, feeding, housing and transporting of

4-3  livestock or farm animals.

4-4    Sec. 6.  NRS 574.440 is hereby amended to read as follows:

4-5    574.440  An operator shall, with the approval of a veterinarian,

4-6  establish and maintain a program to control disease and care for the health

4-7  of dogs and cats. As part of this program, an operator shall ensure that:

4-8    1.  Each dog and cat is observed daily by the person directly

4-9  responsible for its care, or by someone else under that person’s direct

4-10  supervision.

4-11    2.  Blind, lame, injured, ill or diseased dogs and cats are provided with

4-12  the appropriate veterinary care that is consistent with the purposes for

4-13  which a dog or cat is being kept or , except in circumstances to which the

4-14  provisions of section 4 of this act apply, humanely euthanized.

4-15    3.  Any dogs or cats under quarantine or being treated for a

4-16  communicable disease are kept separate from other dogs and cats.

 

4-17  H