(A) As used in this Section, "dangerous dog" means a dog with the propensity to bite human beings. It shall be prima facie evidence that a dog is dangerous if it has bitten any person, unless the person was trespassing upon the property of the owner.
(B) Whenever the owner of any dog has knowledge that the dog has bitten a human being, the owner shall immediately inform the Animal Control Officer. The provisions of Elko County Code Section 7-3-1 et seq. shall be strictly complied with.
(C) If a dog bites a human being on a second occasion, the owner shall comply with subsection (B). The dog must thereafter be kept at all times in a secure dog tight pen. The pen must be inspected and approved by the Animal Control Officer. If the dog is held in the animal shelter, the dog shall not be released until the Animal Control Officer has inspected and approved the pen. If the owner refuses to provide a secure dog tight pen that has been inspected and approved by the Animal Control Officer, the owner may appeal pursuant to the provisions contained in subsection 7-2-14(B).
(D) The dog license issued pursuant to this Chapter shall be restricted whenever a dog is found to be dangerous, and the dog shall be continuously kept by the owner in a secure dog tight pen that has been inspected and approved by the Animal Control Officer. A dog whose license has been restricted upon that ground shall be forthwith destroyed if it is thereafter found or observed to be out of the pen in which it is required to be confined.
(E) The provisions of this Section are minimum standards which do not supersede stricter or additional requirements which may be imposed by the Nevada Revised Statutes under the circumstances.
(F) Substantial Bodily Harm: If any animal attacks a person, and such attack results in "substantial bodily harm," as defined by NRS 0.060, the animal shall be immediately surrendered to the animal control officer, and shall be destroyed in a humane manner, and shall be subsequently tested for rabies. This provision shall not apply if the person attacked was trespassing upon the property of the owner. (Ord. 1994-A, 3-3-94, eff. 3-17-94; amd. Ord. 2021-02, 9-1-2021)