A. Permit for Exotic/Special Condition Animals:
1. No person shall keep, possess, maintain, sell or trade an exotic and/or special condition animal within the county without first obtaining an exotic animal permit from the county, as well as fulfilling all state and federal regulations. Exotic animal permits may be issued by the Board of County Commissioners. The application for a permit shall contain the name of the applicant, applicant’s address, the applicant’s home and business phone numbers, the address and description of the proposed location where the animal will be kept, if different from applicant’s, and a complete description of the animal. A permit obtained under this section is not transferable.
2. Except as otherwise provided in this chapter, a permit obtained under this section is valid for one (1) year and must be renewed on an annual basis; however, when the permittee’s address or the location where the animal is kept changes, the permit automatically becomes void and a new application must be submitted to the Board of County Commissioners. A nonrefundable fee of one hundred dollars ($100.00) must accompany each application for an exotic animal permit. Each permit is valid for one animal only.
3. This section shall not be applicable to:
a. Any zoo, or any university, college, governmental research agency or other bona fide scientific institution which, in the opinion of the special officer, is engaged in scientific or public health research. For purposes of this section, a “zoo” shall be considered any organization which exhibits animals to the general public at regular specified hours, equaling at least thirty (30) hours a week for thirty-six (36) weeks per year, and whose animals, whether maintained for exhibit purposes or not, are not for sale to private individuals; and
b. Any owners of establishments which treat or board animals on the premises or any owners of pet shops which house animals for the purpose of sale; provided, that the owner or operator shall keep a permanent record of the name, address, and phone number of the purchaser of any animal along with the breed, color, sex, and age of each animal sold or given away and shall forward such information to the special officer within ten (10) days after the transfer of the animal. The special officer shall have the right to inspect such records during normal business hours.
B. Issuance of Permit for Exotic/Special Condition Animal:
1. Upon receipt of the completed application together with the application fee and after interviewing adjacent property owners, the special officer may issue a permit to keep the exotic/special condition animal conditioned upon the applicant promising to adhere to any reasonable criteria related to the proper care and use of the animal which the special officer shall establish.
2. Within five (5) working days after the special officer’s decision to grant or deny the application, an aggrieved applicant or resident of the neighborhood may appeal the special officer’s decision to the Board of County Commissioners by filing a written petition with the County Clerk. The Board shall hold a public hearing to consider whether or not an exotic animal permit should be issued. In the event the Board determines that a permit should be issued, a written permit shall be drafted containing such conditions as the Board deem necessary for the protection of the health and safety of county residents and of the exotic animal.
C. Revocation or Suspension of Permit; Destruction of Animal:
1. Any permit issued pursuant to this section may be suspended or revoked and/or the exotic/special condition animal destroyed if the special officer determines that any permit condition or law relating to exotic or vicious animals has not been adhered to.
2. If, after investigation, the special officer concludes that grounds for suspension, revocation, or destruction exists, he shall notify the permittee in writing. Such notice must specify the grounds for suspension or revocation of the permit or destruction of the animal, specify the date when such action shall become effective, and advise the permittee of the right to appeal the decision of the special control officer to the Lincoln County Commissioners. The owner or possessor of an exotic animal may appeal to the Lincoln County Commissioners by filing a written petition with the County Clerk within five (5) working days after receipt of notice from the special control officer. The Lincoln County Commissioners shall then hold a public hearing to consider whether appropriate grounds exist to order the action sought by the special officer. The County Commissioners may, in their discretion, modify, suspend, or revoke the exotic animal permit or order the destruction of the animal. In the event an appellant fails to appear at the hearing, the appellant shall waive any right to contest the action proposed by the special officer and any claim against the county or its employees by reason of such action.
3. In the event it is reasonably necessary to protect against an immediate threat or danger to the public or to an animal’s health or safety, the special officer may suspend any permit and impound the animal without a hearing for a period not to exceed thirty (30) days unless such period is extended by reason of a pending appeal to the County Commissioners.
D. Inspection: Permits issued pursuant to this section shall provide that, as a condition for issuance, the premises upon such an animal is maintained shall be opened at any reasonable hour for inspection by the special officer or the health officer and that the premises shall be surrendered for inspection by the permittee upon request of such officers.
E. Certain Animals Not Permitted: No permit shall be issued pursuant to this section for any of the following animals, and possession of sch animals is unlawful:
1. Any animal which, under the laws or regulations of the State of Nevada or the United States, private individuals have been forbidden from keeping, possessing, maintaining, importing, or selling.
2. The owner or possessor of an exotic animal shall bear the cost of seizure, impoundment, and destruction of an exotic animal determined to be in violation of this section. (Ord. 2020-04, 12-21-2020)