7.44.040 - Unlawful acts designated—Penalty.
(A) Any person owning, possessing or having the care, custody and control of any animal, who:
(1) Wilfully refuses, fails or neglects to furnish to the Animal Regulation Officer or an Animal Protection Services Officer the information required under this Title;
(2) Wilfully refuses, fails or neglects to cause said animals to be registered and pay said registration fee at the time and in the manner herein provided;
(3) Wilfully refuses, fails or neglects to perform any act or pay any other fee or charge required by this Title to be performed or paid;
(4) Resists, interferes with or prevents the Animal Regulation Officer or an Animal Protection Services Officer in the exercise of their duties; or
(5) Violates any of the provisions of Chapters 7.04 to 7.44, is guilty of a misdemeanor.
(B) Any person who violates any provision of Section 7.32.030, Section 7.32.120, Section 7.32.130, Section 7.32.160, or any provision of Subsections (1), (2), (3) or (5) of NRS 574.100 is guilty of a misdemeanor and:
(1) For the first offense within the immediately preceding seven years, shall be sentenced to imprisonment for a term of not less than two days nor more than six months; the performance of community service of not less than forty-eight hours nor more than one hundred twenty hours, and a fine of not less than two hundred dollars nor more than one thousand dollars. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge, except that each period of confinement must be not less than four consecutive hours and must occur at a time when the person is not required to be at a place of employment or on a weekend;
(2) For the second offense or subsequent offense within the immediately preceding seven years, shall be sentenced to imprisonment for a term of not less than ten days nor more than six months; the performance of community service of not less than one hundred hours nor more than two hundred hours, and a fine of not less than five hundred dollars nor more than one thousand dollars.
(C) Any person who violates any provision of Section 7.32.010 is guilty of a misdemeanor and:
(1) For the first offense within the immediately preceding seven years, shall be sentenced to imprisonment for a term of not less than two days nor more than six months; the performance of community service of not less than forty-eight hours nor more than one hundred twenty hours, and a fine of one thousand dollars. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge, except that each period of confinement must be not less than four consecutive hours and must occur at a time when the person is not required to be at a place of employment or on a weekend;
(2) For the second offense or subsequent offense within the immediately preceding seven years, shall be sentenced to imprisonment for a term of not less than ten days nor more than six months; the performance of community service of not less than one hundred hours nor more than two hundred hours, and a fine of one thousand dollars.
(D) In addition to any other fine or penalty provided in Subsection (B) or (C), a person who violates any provision described in Subsection (B) or (C) shall be ordered to pay restitution for all costs associated with the care and impoundment of any mistreated animal, including without limitation money expended for veterinary treatment, feed and housing.
(E) In connection with the imposition of any sentence pursuant to this Section, the court:
(1) May order the defendant to surrender ownership or possession of the mistreated animal;
(2) Except as otherwise provided in Paragraph (3) below, may enter an order prohibiting the defendant from harboring, owning, possessing, keeping or exercising control over any animal; from residing in any household where an animal is present; and from working at or volunteering for a business, animal shelter or other place where the person may access an animal, for a period not to exceed four years; and
(3) In a case where the mistreated animal died as a result of the mistreatment, must enter an order prohibiting the defendant from harboring, owning, possessing, keeping or exercising control over any animal; from residing in any household where an animal is present; and from working at or volunteering for a business, animal shelter or other place where the person may access an animal, for a period of at least two years and not to exceed five years, beginning either on the date of conviction or, in the case of a suspended sentence, at such other time as is determined by the court.
(F) If a person who owns, possesses or has custody, care and control of an animal resists, interferes with or prevents the Animal Regulation Officer or an Animal Protection Services Officer in the exercise of their duties, or violates any of the provisions of Chapters 7.04 to 7.44, inclusive, the animal may be impounded in accordance with the provisions of this Title.
(G) The City is authorized to treat a violation of the following provisions of this Title as a civil infraction, which shall then subject the violator to a civil penalty in accordance with the provisions of Sections 7.44.060 to 7.44.120, inclusive:
(1) Section 7.08.010 (relating to animal licensing);
(2) Section 7.08.090 (relating to license tags);
(3) Section 7.08.140 (relating to dog limitations);
(4) Section 7.08.160 (relating to cat limitations);
(5) Section 7.08.185 (relating to ferret limitations);
(6) Section 7.12.010 (relating to rabies vaccinations);
(7) Section 7.14.010 (relating to unspayed/unneutered animals);
(8) Section 7.20.020 (relating to unspayed female animals during copulating season);
(9) Section 7.36.010 (relating to noise annoyance);
(10) Section 7.36.020 (relating to animal interference, damage, etc.);
(11) Section 7.36.030 (relating to animals at large), if the violation is witnessed by the Animal Regulation Officer or an Animal Protection Services Officer;
(12) Section 7.36.040 (relating to animal waste);
(13) Section 7.36.050 (relating to animal restraint and sanitation);
(14) Section 7.38.040 (relating to hogs and pigs);
(15) Section 7.38.041 (relating to potbellied pigs);
(16) Section 7.38.042 (relating to potbellied pigs);
(17) Section 7.38.043 (relating to potbellied pigs);
(18) Section 7.38.050 (relating to poultry and birds);
(19) Section 7.38.060 (relating to rabbits);
(20) Section 7.38.070 (relating to owner responsibilities);
(21) Section 7.38.100 (relating to wild animal permits);
(22) Section 7.40.170 to Section 7.40.270, inclusive (relating to duties of operators);
(23) Section 7.42.030 (relating to pet shop sales);
(24) Section 7.42.050 (relating to breeder, pet shop and distributor obligations);
(25) Section 7.42.060 (relating to pet shop sales);
(26) Section 7.42.070 (relating to distributor obligations);
(27) Section 7.42.075 (relating to pet shop and breeder limitations and obligations); and
(28) Section 7.42.080 (relating to reporting and documentation).
(Ord. No. 6928, § 12, 11-5-25; Ord. No. 6896, § 1, 1-15-25; Ord. No. 6895, § 3, 1-15-25; Ord. No. 6816, § 82, 8-17-22; Ord. No. 6777, § 4, 5-5-21; Ord. No. 6180, § 1, 3-7-12; Ord. 5497 § 10, 2002: Ord. 3618 § 221, 1991)