It is unlawful for any business to keep or board any dog for sale or profit or to act as a breeder within the unincorporated area of the county without first obtaining a permit from Lyon County animal services.
A. Application: The owner of the business shall submit an application to Lyon County animal services on a form prescribed by the county.
B. Inspection: Prior to issuing the permit, Lyon County animal services may inspect the business to see if the location is suitable for the proposed business operation. For the purposes of enforcing Nevada Revised Statutes 574.360 to 574.440, inclusive, as those provisions apply to breeders, a representative of Lyon County may enter and inspect the premises specified on the permit at any reasonable hour.
C. Fee: The permit fee shall be set by the Lyon County board of commissioners.
D. Term Of Permit: The term of the permit for a breeder is for one year. The term of any other permit is for the length of operation of the business. The permit is nontransferable. The permit issued by Lyon County for a breeder must specify the address of the premises at which the person may act as a breeder.
E. Grandfathering Provision: Any business keeping or boarding dogs for sale or profit in existence in Lyon County prior to July 1, 2004, shall be granted a permit without charge by the county if the owner applies for the permit no later than October 1, 2004. Any owner who fails to apply for the permit by that date is subject to the provisions of this section.
F. Suspension, Revocation Or Denial Of Permit: Any permit issued or requested pursuant to this section may be suspended, revoked or denied for good cause. Good cause shall include, but is not limited to, the following:
1. Failure to pay business license fees within thirty (30) days of their due date;
2. Failure to update the business license or this permit;
3. Failure to have a current business license;
4. Failure to maintain other licenses required by federal, state or local law necessary to legally conduct the operation;
5. Failure to keep the enterprise free of unsanitary conditions, excessive noise, disturbances and other conditions on or about the premises which cause, or tend to cause, a nuisance or which injuriously affect the public health, safety and welfare;
6. Any act in the operation of the business which is unlawful or prohibited by federal, state or local law, including violations of Nevada Revised Statutes 574.360 to 574.440, inclusive, as those provisions apply to breeders;
7. Any fraudulent practices or misrepresentations in the operation of the business;
8. Any concealment or misrepresentation in procuring a license;
9. Revocation or suspension of the business license;
10. Two (2) or more violations of this chapter;
11. Two (2) or more violations of federal, state or local law relating to the treatment of animals.
G. Suspension Of Animal Services Permit: If a permit holder violates any of the provisions contained in subsections F1 through F11 of this section, animal services may suspend the permit, pending board action on revocation, under the following conditions:
1. Contents Of Notice: Animal services shall notify the permit holder of the violation. The notice shall contain:
a. The name and address of the permit holder;
b. The violation which has occurred;
c. That the permit holder has five (5) days, excluding weekends and holidays, from the receipt of the notice to remedy the violation; and
d. That if the permit holder fails to remedy the violation the permit will be suspended.
2. Second Notice: If the permit holder fails to remedy the violation, animal services shall send a second notice which shall contain:
a. The name and address of the permit holder;
b. The violation which has occurred;
c. The date the suspension will be in effect; and
d. A notice of revocation and hearing as provided in subsection H1 of this section.
3. Service Date: The date the permit holder is deemed to receive the notice shall be determined as follows:
a. If the permit holder is personally served, the date of service;
b. If animal services posts the notice at the location, the date posted; and
c. If animal services sends the notice by certified mail, return receipt requested, the date of delivery as evidenced by the return receipt.
4. Appeal: Any permit holder whose permit is suspended may appeal the decision in writing to the county manager. The appeal shall be filed with the county manager's office within forty eight (48) hours of the notice of suspension. The county manager shall review the suspension and may, at his discretion, hold a hearing on the matter. The county manager shall issue a decision in writing on the appeal within fourteen (14) days of the filing of the appeal.
H. Revocation Of The Permit: Unless otherwise specified in this chapter, the board may revoke any permit issued under this chapter, under the following conditions:
1. Notice Of Revocation And Hearing: The board shall serve upon the permit holder a notice of revocation and hearing. The notice shall include:
a. The name and address of the permit holder;
b. The cause(s) of the revocation;
c. The date and time of the revocation hearing; and
d. That the permit holder may submit evidence in opposition to the revocation.
This notice shall be served upon the permit holder at least forty eight (48) hours prior to the time specified for hearing. The notice shall be deemed received in accord with subsection G3 of this section.
2. Hearing Of Revocation: In order to revoke a permit under this chapter, the board shall conduct a hearing to determine whether to revoke the permit. The board shall allow any interested party, including the permit holder, to testify or otherwise submit evidence in favor of or opposition to the revocation. The board shall consider all the evidence presented and cause to have entered in the minutes its findings, stating specifically any causes for revocation found by the board. The board shall then enter its order in the minutes.
3. Notice Of Revocation: If the board revokes the permit, the permit holder shall be served notice of revocation following the hearing. The revocation shall be effective upon receipt of the notice, as specified in subsection G3 of this section.
I. Impounding Animals: At any time after suspension or revocation of the permit as provided hereunder, animal services may impound any animals that are in danger, constitute a nuisance, are a threat to the public, or are held in violation of this chapter. Any costs associated with the impounding and keeping of the animals is the responsibility of the permit holder.
J. Powers Not Limited: Nothing in this section limits the powers conferred on the county or animal services by local, state or federal law. (Ord. 563, 1-7-2013)