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BILL
NO.___________________________
SUMMARY – An ordinance amending Title 10 of the Clark County Code
by adding a new chapter concerning the managed care of feral cats; authorizing
feral cat colonies in designated urban areas of the county while prohibiting
colonies in wildlife areas; authorizing feral cat colony caretakers to manage
colonies by trapping, sterilizing, vaccinating and returning cats to permitted
areas; establishing responsibilities for feral cat caretakers and sponsors;
establishing procedures for the disposition of feral cats turned in to animal
shelters; designating the animal control office as the agency to enforce the
nuisance provisions; and providing for
other matters properly relating thereto.
ORDINANCE
NO._____________________________________
(of
AN ORDINANCE AMENDING TITLE 10 OF THE CLARK COUNTY CODE BY ADDING A
NEW CHAPTER CONCERNING THE MANAGED CARE OF FERAL CATS; AUTHORIZING FERAL CAT
COLONIES IN DESIGNATED URBAN AREAS OF THE COUNTY WHILE PROHIBITING COLONIES IN
WILDLIFE AREAS; AUTHORIZING FERAL CAT COLONY CARETAKERS TO MANAGE COLONIES BY
TRAPPING, STERILIZING, VACCINATING AND RETURNING CATS TO PERMITTED AREAS;
ESTABLISHING RESPONSIBILITIES FOR FERAL CAT CARETAKERS AND SPONSORS;
ESTABLISHING PROCEDURES FOR THE DISPOSITION OF FERAL CATS TURNED IN TO ANIMAL
SHELTERS; DESIGNATING THE ANIMAL CONTROL OFFICE AS THE AGENCY TO ENFORCE THE
NUISANCE PROVISIONS; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OF CLARK, STATE OF NEVADA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 10 is amended by the addition of a new chapter, designated as Chapter 10.06, to read as follows:
10.06.010
Definitions. For the purposes of this Chapter, the following
terms shall have the meaning set forth in this section. When not inconsistent with the context, words
used in the present tense include the future, words in the plural number
include the singular, and words in the singular number include the plural.
(a) "Animal
control office" means the Clark County animal control office designated to
enforce the provisions of Title 10 of the Clark County Code.
(b) "Animal control officer" shall have the
meaning found in section 10.04.070 of this title.
(c) "Central sponsor"
means the sponsor who is designated by the Board of County Commissioners in the
manner established by the Board and who assists with the requirements of this
Chapter.
(d)
"Domesticated cat" means a cat that is socialized to humans and is
appropriate as a companion for humans.
(e) "Ear tipping" means
straight-line cutting of the tip of the left or right ear of a cat while the
cat is anesthetized and has been sterilized and given a rabies shot. A cat with
a tipped ear is considered to be sterile and vaccinated against rabies.
(f) "Feral
cat" means a cat that is born in the wild or abandoned and is not socialized
or appropriate as a companion for humans.
(g) "Feral
cat colony" or "colony" means a group of cats that congregates,
more or less, together as a unit and, although not every cat in a colony may be
feral, any cats that congregate with a colony shall be deemed to be a part of
it.
(h) "Feral
cat colony caretaker" or "colony caretaker" means any person who
provides food, water, shelter and medical care to and traps, sterilizes, and
vaccinates a feral cat or cats and who is approved by a sponsor to care for a
feral cat colony.
(i) "Nuisance" means conduct by stray
or feral cats that disturb the peace by:
(1)
Habitually or continually howling and fighting; or
(2) Habitually and significantly destroying,
desecrating or soiling property against the wishes of the owner of the
property.
(j)
"Owner" means any person who has a right of property in an
animal, who keeps or harbors an animal, who has it in their care, who acts as
its custodian, or who knowingly permits an animal to remain on any premises occupied
by him or her. "Owner" does not include a feral cat colony caretaker.
(k) "Sponsor" means any approved animal
rescue or humane society that agrees to assist the central sponsor with the
requirements of this Chapter.
(l) "Stray
cat" means a cat that is regularly off the property of the owner, is not
under the physical control and restraint of the owner, and is not regularly
provided with food by its owner.
(m)
"TNR" means trap, neuter and return.
(n) "TNR
program" means a program in which feral and stray cats are humanely
trapped, sterilized, vaccinated against rabies, ear tipped, and then returned
to a location managed by a sponsor or a colony caretaker.
10.06.020
Feral cat colonies. Feral cat colonies shall be permitted, and
feral cat colony caretakers shall be entitled to maintain and care for feral
cats by providing food, water, shelter, medical care and other forms of
sustenance if the colonies are registered with the sponsor and if the colony
caretakers take all appropriate and available steps to meet the terms and
conditions of this Chapter. Feral cat colonies shall be prohibited in any
conservation area, state or national forest, Wetlands, or any other lands
managed for wildlife.
10.06.030
Feral cat colony caretakers. (a) Feral cat colony caretaker
responsibilities. It shall be the responsibility of a feral cat colony
caretaker to:
(1) Register the
feral cat colony with a sponsor.
(2) Take
all appropriate and available steps to trap each feral cat in the colony in
order to have the cat sterilized, vaccinated for rabies,
and ear tipped and to monitor for new feral cats that join the colony. The colony caretaker must maintain rabies
vaccination records and include them in the annual report provided to the
central sponsor pursuant to this section.
(3) Keep a written census of the colony that describes
each cat, its color, breed and sex, and notes the dates it was taken to a
veterinarian for TNR through a TNR program.
(4) Provide food, water, and, if necessary and
feasible, shelter for the colony.
(5) Keep in contact with its sponsor to report any
illness, strange behavior or missing feral cats in the colony.
(6) Report any kittens in the colony so they can be
trapped after they are weaned and to observe the mother feral cat so she can be
trapped after the kittens are trapped.
(7) Acquire written approval of a property owner, or
any authorized representative of the owner of any property, if the colony
caretaker requires access in order to provide colony care.
(8) Report annually to the central sponsor on the
colony including, but not limited to the following information: Its location; the number of feral cats; the
number of kittens; the number of TNRs done through TNR programs; and the number
of deaths of feral cats. This
information, along with the changes to the written colony census required to be
maintained by this section, shall be sent to the central sponsor either by
electronic mail or regular mail or provided by telephone.
(b) In the event that a feral cat colony caretaker is
unable or unwilling to continue to perform the responsibilities required by
this section, the colony caretaker shall give its sponsor a minimum of 30 days
written notice of its intention to cease being a colony caretaker for the feral
cat colony. The sponsor shall work to
provide a replacement colony caretaker for the colony.
(c) A feral cat colony caretaker in compliance
with the terms and conditions of this Chapter shall be exempt from the
provisions of section 10.36.020 and 10.36.040(a) that impose requirements on
owners of animals and persons having custody of animals.
(d)
A feral cat colony caretaker providing food, water and shelter to feral cats as
allowed by this Chapter shall not be considered to be violating the restriction
imposed by section 10.08.130 on the number of cats that may be kept at any one
place, or on any premises, or in any one residence without a permit unless the
colony caretaker's actions are determined to be more like the actions of an
actual owner or person in custody and control of the cats than a colony
caretaker.
10.06.040
Sponsors. (a) Any animal rescue or humane
society that agrees to assist the central sponsor with the requirements of this
Chapter shall be eligible to act as a sponsor. Any group intending to undertake
the responsibilities of a sponsor shall so advise the central sponsor in
writing and provide its address and telephone number and e-mail address if
available.
(b) Sponsor requirements. It shall be the duty of the
sponsor to:
(1) Review and, in its discretion, approve feral cat
colony caretakers.
(2) Help resolve any complaints over the conduct of a
feral cat colony caretaker or of complaints about cats within a colony.
(3) Assist, if requested, the central sponsor in
maintaining records provided by the feral cat colony caretaker on the size and
location of the colonies as well as the vaccination dates, spay/neuter dates,
and descriptions of each feral cat in the colony.
(4) Provide, at a minimum, written educational training
for all feral cat colony caretakers addressing uniform standards and procedures
for feral cat colony maintenance.
(5) Report annually to the animal control office the
number and location by zip code of feral cat colonies for which it acts as
sponsor with the approximate number of cats in each colony.
(6) Provide documentation necessary to allow feral cat
colony caretakers to receive any public or private subsidies, medical care or
other forms of assistance for their colonies.
(7) Provide to the animal control office the location
of feral cat colonies where feral cat colony caretakers have regularly failed
to comply with this Chapter or where the sponsor has been unable to resolve a
behavior situation that constitutes a nuisance.
10.06.050
Disposition of feral cat colony cats. (a) If a cat or kitten with a tipped ear is
trapped and turned into the Lied Animal Shelter or any other animal shelter or
to an animal control officer, the shelter or the animal control office shall
notify the central sponsor from the sponsors list giving it the description of
the feral cat and the address, location or zip code where the cat was
trapped. The Lied Animal Shelter or
other animal shelter shall only hold cats with a tipped ear for the time limit
established in the current shelter policy. The sponsor shall then take all
appropriate steps to take custody of the cat or kitten within twenty-four
hours. The sponsor shall be exempt from paying any charges or fees
allowed to be imposed by the Lied Animal Shelter or other animal shelter in
holding a feral cat with a tipped ear that is trapped or turned in pursuant to
this section in the first instance of impoundment; however, if the same feral
cat is trapped and turned in a second or subsequent time, all additional
charges or fees must be paid prior to releasing the cat to the sponsor. If the feral cat is ear tipped, the central
sponsor shall attempt to identify the feral cat colony and the feral cat colony
caretaker so the cat can be returned to its colony and provide the animal
control office with documentation to show the cat was vaccinated for rabies in
compliance with this section.
(b) If a feral cat
that is not ear tipped is trapped and turned into the Lied Animal Shelter or
any other animal shelter or to an animal control officer, the cat must go
through the regular and usual adoption process if the cat is deemed adoptable.
10.06.060
Enforcement of provisions by the animal control office. (a)
The animal control office shall have the right to trap in a humane manner any
cat that is deemed to be a threat to public health or safety. If a cat has
bitten or scratched a human being, the cat shall be confined pursuant to
section 10.28.030 or 10.28.040, as appropriate.
If a licensed veterinarian decides that the cat is too ill or injured or
that it has an illness that presents an imminent danger to the public health or
safety or to itself, the cat may be humanely euthanized. The central sponsor from the sponsors list
shall be notified of the cat's description, sex, illness and disposition. After
the mandatory quarantine, if the cat is found to be healthy and no other issues
of public health or safety exist, the cat may be given to the central sponsor
from the sponsors list for return to its feral cat colony.
(b) The animal control office shall have the right to
direct the central sponsor to communicate to a feral cat colony caretaker that
a feral cat is creating a nuisance. The complainant must provide the animal
control office with the address where the feral cat is creating a
nuisance. If the complainant desires,
the name and address of the complainant may be given to the central sponsor so
prompt action can be taken. The central sponsor shall make every effort to
resolve the nuisance within thirty days of the notice being given unless the
animal control office specifies a longer time period. If the nuisance complaint
cannot be resolved within the allowed time period, the central sponsor shall
direct the feral cat colony caretaker to remove the cat from the colony. If the caretaker is unsuccessful at trapping the
nuisance cat after the timeline previously set, the central sponsor must notify
the animal control office in writing requesting its assistance with removal.
(c) The animal control office shall have the right to
declare that a colony is in a location that is hazardous to the health and
safety of the public or the feral cat colony. The office shall give written
notice to the central sponsor who must take immediate action to trap and remove
the colony with the cooperation of the feral cat colony caretaker.
(d) If a caretaker
fails to perform any responsibility or duty required by this Chapter, the
animal control office shall notify the central sponsor in writing of the
violation and provide the caretaker thirty days to become compliant. If the
caretaker fails to comply, the animal control office must notify the central
sponsor who may move the non-compliance problem to another caretaker or may,
for just cause, remove the caretaker from the office's list of approved
caretakers. The caretaker removed from the list has the right to petition the
Board of County Commissioners or its designee regarding its removal and
reinstatement. If no caretaker agrees to
take on the feral cat colonies, the cats in those colonies may be trapped and humanly
euthanized.
10.06.070 Successor to Lied Animal Shelter. In the event another facility is
designated by the County to replace the Lied Animal Shelter as the facility for
the receiving and holding of animals, that successor animal shelter facility
shall assume the responsibilities of the Lied Animal Shelter under this
Chapter.
10.06.080 Applicability of Chapter. The provisions of this Chapter are applicable
only to the unincorporated urban towns and areas of Clark County
consisting of Enterprise, Lone Mountain, Lower Kyle Canyon, Paradise,
Spring Valley, Summerlin South, Sunrise Manor, Whitney, and Winchester as well
as any unincorporated area that is surrounded by the boundaries of the
cities of Las Vegas, North Las Vegas and Henderson.
SECTION 2. If any section of this ordinance or
portion thereof is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such holding shall not invalidate the remaining
parts of this ordinance.
SECTION 3.
All ordinances, parts of ordinances, chapters, sections, subsections,
clauses, phrases or sentences contained in the Clark County Code in conflict
herewith are hereby repealed.
SECTION
4. This ordinance shall be published by
title only, together with the names of the County Commissioners voting for or
against its passage, in a newspaper published in and having a general
circulation in Clark County, Nevada, at least once a week for a period of two
(2) weeks. This ordinance will take
effect and be in force thirty days from and after its passage.
PROPOSED on the ______ day of _____________, 2008.
PASSED on the _____ day
of ____________________ 2008.
AYES: _______________________________________
_______________________________________
_______________________________________
_______________________________________
_______________________________________
_______________________________________
NAYS:_______________________________________
_______________________________________
ABSTAINING:_______________________________________
ABSENT: ________________________________________
________________________________________
BOARD OF COUNTY
COMMISSIONERS
CLARK COUNTY, NEVADA
BY:_____________________________________
Rory
Reid, Chairman
ATTEST:
SHIIRLEY
B. PARRAGUIRRE, County Clerk
This ordinance shall be in force and effect from
and after
the
_____ day of ____________, 2008.