6-1-3: ANIMAL RESTRICTIONS:
   A.   Animals Running at Large, generally:
      1.   It is unlawful for any person who owns, harbors, or keeps or who has possession, charge, custody, or control of any animal to cause, permit, suffer, or allow such animal to stray, run or in any other manner to be at large in or upon any public highway, street, alley, sidewalk, park, place, or schoolground, or upon any unenclosed lot or land whether public or private, other than that of the owner.
      2.   Subsection A.1. of this section shall not apply to any animal working performing, or otherwise under the immediate direction and control of the person responsible for the animal or under the immediate direction and control of the agent or employee of such person.
      3.    Nothing in this section shall be construed or used in contradiction to the open range laws of the State of Nevada.
      4.   A warning notice will be served on the owner of any animal found or reported to be running at large. If any animal belonging to this owner is found or reported to be running at large, the owner may be charged with a misdemeanor and fined. Any animal found running at large by a special officer may be impounded, regardless of whether or not this is the animal’s first offense. If an animal is impounded, the owner shall be required to pay Forty Dollars ($40.00) for the first offense, Seventy-Five Dollars ($75.00) for the second offense, and One Hundred Twenty Dollars ($120.00) for each subsequent offense, in addition to any required fines that must be paid to animal control for boarding the animal before the dog can be released. Animal Control may charge Twenty-Five Dollars ($25.00) for administrative costs in addition to a per day charge for each day the dog is kept impounded.
   B.   Dogs at Large, Livestock: It is unlawful for any person who owns, harbors, keeps, or has possession, charge, custody or control of any dog to cause, permit, suffer or allow such a dog to stray or run at large if such dog, while straying or running at large, actively pursues, chases, attacks, injures, or kills, or worries any livestock within Lincoln County.
   C.   Barking or Howling Animal:
      1.   It is unlawful for the owner of any dog within the Towns of Alamo, Panaca or Pioche to allow the animal to continually or habitually howl, bark, or make any other loud or aggravating noise or in any other manner disturb the peace and quietude of the community. Such conduct on the part of any animal is a public nuisance.
      2.   The special officer will take whatever steps necessary to abate any such nuisance. The officer will first attempt to notify the animal’s owner of the problem. If the problem is not abated or the owner cannot be reached, then, in attempting to abate such a nuisance occurring in the presence of any officer, the officer may enter upon private property and take any such animal into custody and impound it, except no animal may be taken from any dwelling house or other building.
      3.   Any special officer forced to remove and impound an animal to alleviate a noise nuisance shall make every reasonable attempt to notify the owners that the animal has been removed and impounded.
   D.   Number of Dogs Allowed:
      1.   Unless otherwise provided herein, it is unlawful for any person within the Towns of Alamo, Panaca or Pioche to own, keep, harbor, or have in his possession or charge, custody, or control of a total of more than five (5) dogs over the age of four (4) months at any one time:
         a.   On the premises of a residence;
         b.   On the premises of a business other than a commercial dog kennel, veterinary clinic, or veterinary hospital;
      2.   Unless otherwise provided herein, any person having more than five (5) dogs over the age of four (4) months, must obtain a kennel permit. A kennel permit will be valid for one year.
      An owner in violation of this Subsection 4, may be charged with a misdemeanor and punished as provided within this Code.
   E.   Cats: The following controls are hereby established regarding the keeping of cats:
      1.   It is unlawful for any person within the Towns of Alamo, Panaca or Pioche to own, keep, harbor, or have in his possession or charge, custody, or control of a total of more than five (5) cats over the age of six (6) months:
         a.   On the premises of a residence;
         b.   On the premises of a business other than a farm, commercial kennel, veterinary clinic, or animal hospital;
      An owner in violation of this Subsection 6, may be charged with a misdemeanor and punished as provided within this Code.
      2.   Any cat which is a “public nuisance,” “stray,” or “feral” as defined in this Chapter, may be trapped in a humane manner.
      3.   A stray or feral cat may be destroyed, notwithstanding the provisions of 6-1-5 of this Chapter, by a special officer or any person under the following conditions:
         a.   The animal does not carry a tag or other clearly identifying information regarding the owner or where the animal lives; and
         b.   The animal has annoyed or interfered with the enjoyment of public property or a person’s private property.
      4.   If any person captures a cat which has a tag or other clearly identifying information in it giving the name and/or address of the owner, that cat shall be returned to the owner or an animal control officer forthwith.
      5.   A cat which becomes a public nuisance may be impounded as provided within this title and may be the subject of an abatement hearing as provided in this title. (Ord. 2020-04, 12-21-2020)