A. It shall be unlawful and punishable as a misdemeanor for any person to operate an animal establishment without first having obtained a permit in compliance with this section.
1. The permit period shall begin with the first day of the fiscal year and shall run for one year.
2. Renewal application for permits may be made within sixty (60) days prior to the expiration date.
3. Application for a permit to establish a new breeding animal establishment may be made at any time.
4. The annual permit fee shall be fifty dollars ($50.00) and payable at the time of application. No fee shall be required of any animal shelter.
5. Every facility regulated by this section shall be considered a separate enterprise, requesting a separate permit.
6. Any change in category under which a permit is issued shall be reported to the county sheriff's office within sixty (60) days, whereupon reclassification and appropriate adjustment of the permit fee shall be made.
B. Application for a special permit shall be made to the county sheriff's office and shall specify the number of dogs or cats for which the special use permit is requested.
1. Upon receipt of the application the animal control officer shall notify each person residing within three hundred feet (300') of the location at which the animals will be kept or maintained that the application has been received for a special permit. The animal control officer shall also investigate the premises for which the application is made, and recommend approval of the application if he finds that:
a. Keeping the dogs or cats at the location specified in the application will not violate any ordinance, rule or regulation of Mineral County or the district health officer or any law of the state of Nevada;
b. The premises contain an adequate enclosure for keeping the dogs or cats;
c. Maintenance of the dogs or cats will not endanger the peace, health or safety of persons residing in Mineral County;
d. The premises are capable of being maintained in a clean, sanitary condition, and any dog or cat therein will not be subject to neglect, cruelty or abuse; and
e. Keeping and maintenance of the dogs or cats will not constitute a nuisance as defined in Nevada Revised Statutes 40.140 and as defined in this chapter.
C. Within ten (10) days following the inspection of the premises, the county sheriff's office shall approve, conditionally approve or disapprove the application for the special permit. If the application is conditionally approved, the animal control officer shall specify in writing those conditions upon which the special permit will be issued.
D. Failure of the county sheriff's office to render a decision within ninety (90) days from the date of application shall constitute approval of the application for a special permit.
E. If the applicant or any person notified pursuant to this section is dissatisfied with any decision of the county sheriff's office, he may, within fifteen (15) days after the decision, appeal it to the board of county commissioners. The board shall consider such evidence as is presented relating to the decision of the county sheriff's office and may reverse, approve or modify the decision of the county sheriff's office by a simple majority vote.
F. If an application for special permit is disapproved or the board of county commissioners reverses the decision of the county sheriff's office to approve the permit, the applicant shall cease from operating an animal establishment within thirty (30) days. (MC Ord. 102A § 2, 1986)