Chapter 7.06 DANGEROUS OR VICIOUS ANIMALS

A. Except as otherwise provided in subsection B of this section:
1. An animal may be declared dangerous by the animal control officer if it constitutes a physical threat to human beings or to other animals and, on two separate occasions within eighteen months:
a. It behaves menacingly to a degree that would lead a reasonable person to defend himself against substantial bodily harm; or
b. It bites a person, but without causing substantial bodily harm.
2. An animal may be declared dangerous by the animal control officer if it constitutes a physical threat to human beings or to other animals and, without regard to any previous behavior:
a. It is used in the commission of a crime by its owner or keeper;
b. While either at large or restrained, it causes serious injury or death to another animal that is not at large or is not otherwise in violation of this title; or
c. It exhibits a condition or behavior which causes the animal control officer to believe the animal is a threat to public safety.
3. An animal may be declared vicious by the animal control officer if it constitutes a physical threat to human beings or to other animals and:
a. It has killed or inflicted substantial harm upon a human being or other animal; or
b. After having previously been declared dangerous, with notice of the declaration having been provided to the owner or keeper, it continues to exhibit the same type of behavior which resulted in the declaration, or is in violation of the provisions of Section 7.06.030.
B. 1. An animal may not be declared dangerous pursuant to this Section for constituting a physical threat:
a. To another animal which, or person who, provoked the animal as a result of and to the extent of the provocation;
b. To another animal which, or person who, was unlawfully upon premises owned or occupied by the owner or keeper of the animal constituting the threat;
c. To another animal which was running at large or otherwise in violation of this title; or
d. In connection with its use by law enforcement officers in the performance of their duties.
2. An animal may not be declared vicious pursuant to this Section for constituting a physical threat:
a. To another animal which, or person who, provoked the animal, as a result of and to the extent of the provocation;
b. To another animal which, or person who, was unlawfully upon premises owned or occupied by the owner or keeper of the animal constituting the threat; or
c. In connection with its use by law enforcement officers in the performance of their duties. (Ord. 2599 § 1, 2007; Ord. 2468 § 3 (part), 2006)

Any animal which is declared to be dangerous by the animal control officer may be kept within the city, provided that:
A. Within fourteen days after the owner or keeper is notified of the declaration, the area in which the owner or keeper intends to keep the animal must pass an inspection by the animal control officer, and the owner or keeper must obtain from the animal control officer a permit to keep the animal, based upon such terms and conditions as the animal control officer deems appropriate. A nonrefundable inspection fee of fifty ($50.00) dollars will be charged the owner or keeper. For purposes of this subsection, notice of the declaration shall be deemed complete if it is served personally, or upon mailing by certified mail, return receipt requested, sent to the last known address of the owner or keeper.
B. The animal shall be kept, confined or housed within an enclosure:
1. That will ensure the animal’s retention and comfort, is of a size to permit the animal to stand upright, and is of a dimension deemed adequate by the animal control officer; and
2. That is secure enough so that the animal cannot bite, harm or injure anyone by overreaching the top of the fence or other enclosure.
C. At no time shall the animal be allowed to leave the private property confines of the owner or person in charge of the animal unless it is muzzled, leashed and under the effective control of an adult.
D. The private property shall be adequately and properly posted with conspicuous warning signs, with a listing of the name and telephone number of the owner of the animal.
E. The animal must be sterilized by a licensed veterinarian. The owner or keeper shall maintain all sterilization records, including the type of animal sterilized, the name of the veterinarian performing the procedure, and the date the sterilization was performed.
F. The animal shall be implanted with an electronic microchip from a manufacturer approved by the animal control officer. The implantation must be performed by a licensed veterinarian and must conform to procedures recommended by the manufacturer. The owner or keeper shall register the microchip number in a national database in accordance with instructions from the manufacturer, and shall provide the number to the animal control officer.
G. The owner or keeper shall obtain and maintain in effect a policy of liability insurance in the amount of not less than fifty thousand ($50,000.00) dollars insuring against possible injuries inflicted by the dangerous animal. The liability insurance shall be maintained in effect as long as the owner or keeper maintains possession of the dangerous animal.
H. The owner of a dangerous animal may not sell, relocate or give away the animal without first obtaining prior written approval from an animal control officer. If such a transaction is approved, the owner or transferee shall pay a nonrefundable inspection fee of fifty ($50.00) dollars for inspection of the new location for the animal. The owner or transferee shall also have the national microchip number updated in the national database to reflect the change in ownership, and shall provide evidence of the update to the animal control officer. (Ord. 2468 § 3 (part), 2006)

A. The owner or keeper of any animal declared vicious by an animal control officer shall be notified by personal service or by certified mail, return receipt requested, sent to the last known address of the owner or keeper. Within ten days after notice has been served personally or deposited in the mail, the owner or keeper shall voluntarily transfer possession of the animal to the animal control officer and do one of the following:
1. Voluntarily relinquish ownership of the animal for euthanasia in accordance with the provisions of Chapter 638 of the Nevada Revised Statutes and any regulations promulgated pursuant thereto, as amended from time to time;
2. Provide written proof to the animal control officer that the animal has been euthanized by a properly licensed veterinary clinic; or
3. File with the animal control officer a written request for hearing before the animal advisory committee to determine if the declaration that the animal is vicious should be upheld. The owner or keeper may not maintain possession of the animal during the hearing process.
B. If a hearing is requested within the specified time period, the animal control officer shall convene the animal advisory committee no later than forty-five days after receipt of the written request for hearing. The animal advisory committee shall act expeditiously to decide the matter by a majority vote of its members and may:
1. Uphold the vicious animal declaration;
2. Recommend that the owner or keeper obtain a dangerous animal permit, if appropriate; or
3. Take such other action as it deems appropriate.
C. If the animal advisory committee upholds the vicious animal declaration, the animal control officer may proceed to destroy the animal, but not until at least ten days have elapsed from the date the owner or keeper receives notice of the decision. Within that ten-day period, the owner or keeper of the animal shall have the right to seek appropriate relief in the municipal court.
D. As an alternative to the procedure set forth in subsections A through C of this section, the question of whether an animal should be declared vicious may be referred to the animal advisory committee by the municipal court in connection with the filing and processing of a criminal complaint. The committee shall hold an informal hearing and report its findings and recommendations to the court. If a defendant is found guilty of violating this title and the committee recommends that the animal be destroyed, the court may order the destruction of the animal as part of the defendant’s sentence. The court is not bound by any recommendations of the committee and may in its discretion order that an animal be destroyed notwithstanding a contrary recommendation by the committee. (Ord. 2468 § 3 (part), 2006)

A. The animal advisory committee is hereby established. Membership consists of three persons appointed by the city council, two of whom shall be duly-licensed veterinarians currently in good standing with the appropriate licensing board and not under contract nor employed by the city of Henderson; and a third person who is either affiliated with an animal rights group or foundation, or a professional animal handler with a minimum of ten years of experience in handling animals professionally. Appointments to the animal advisory committee are for a term of five years, and any member may be re-appointed by the city council for any number of consecutive terms. If a vacancy shall occur during the term of office of a member, whether by resignation or otherwise, the city council shall appoint a successor for the remaining portion of the current five-year term. Members of the animal advisory committee serve without compensation but are entitled to receive travel, meal and incidental expense reimbursement upon proper documentation of such authorized expenses. Members of the animal advisory committee while serving in such capacity perform governmental functions and are immune from suit for their official actions as provided pursuant to NRS Chapter 41 and under the common law.
B. The animal advisory committee shall conduct a hearing pursuant to the provisions of Section 7.06.050 to determine whether to uphold a declaration of an animal as vicious only when a written request for such a hearing has been properly filed pursuant to the procedures describe therein. Any member of the animal advisory committee has the power to issue subpoenaes for attendance of witnesses at the hearing, or for production of records or other tangible or intangible things either prior to or at such hearing, and may issue such subpoenaes at the request of any party to such proceeding or upon the request or action of any committee member. Enforcement of obedience to any duly-issued subpoena shall rest with the Henderson municipal court. The animal advisory committee may, if deemed appropriate, continue a hearing upon cause where justice requires. (Ord. 2468 § 3 (part), 2006)