[Rev. 5/1/2022 10:45:45 PM--2021]

CHAPTER 574A - DANGEROUS WILD ANIMALS

GENERAL PROVISIONS

NRS 574A.010        Definitions.

NRS 574A.012        “Animal control authority” defined.

NRS 574A.014        “Dangerous wild animal” defined.

NRS 574A.016        “Direct contact” defined.

NRS 574A.018        “Law enforcement officer” defined.

NRS 574A.020        Applicability.

NRS 574A.025        Construction.

PROHIBITED ACTS

NRS 574A.040        Direct contact of dangerous wild animal with member of public prohibited.

ENFORCEMENT

NRS 574A.060        Authority of law enforcement officer or animal control authority to seize or impound dangerous wild animal.

NRS 574A.065        Forfeiture and voluntary relinquishment of seized dangerous wild animal; return of forfeited dangerous wild animal to owner; conditions when return of forfeited dangerous wild animal is prohibited; euthanization of dangerous wild animal.

PENALTIES

NRS 574A.080        Civil penalty.

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GENERAL PROVISIONS

      NRS 574A.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 574A.012 to 574A.018, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2021, 1732)

      NRS 574A.012  “Animal control authority” defined.  “Animal control authority” means any entity designated by the county or city to enforce local ordinances and laws of this State relating to the control, shelter or welfare of animals. The term includes, without limitation, an animal control agency and a law enforcement agency.

      (Added to NRS by 2021, 1733)

      NRS 574A.014  “Dangerous wild animal” defined.  “Dangerous wild animal” means any of the following live animals held in captivity:

      1.  All elephants from the genera Elephas and Loxodonta.

      2.  All species of aardwolves and hyenas.

      3.  All species of primates, except humans.

      4.  The following species from the family Canidae:

      (a) Gray wolves (Canis lupus).

      (b) Red wolves (Canis rufus) that have been bred in captivity.

      5.  The following species from the family Felidae:

      (a) Cheetahs (Acinonyx jubatus), including hybrids thereof.

      (b) Clouded leopards (Neofelis nebulosa and Neofelis diardi), including hybrids thereof.

      (c) Jaguars (Panthera onca), including hybrids thereof.

      (d) Leopards (Panthera pardus), including hybrids thereof.

      (e) Lions (Panthera leo), including hybrids thereof.

      (f) Mountain lions (Puma concolor) that have been bred in captivity, including hybrids thereof.

      (g) Snow leopards (Panthera uncia), including hybrids thereof.

      (h) Tigers (Panthera tigris), including hybrids thereof.

      6.  The following species from the family Ursidae:

      (a) American black bears (Ursus americanus) that have been bred in captivity.

      (b) Asiatic black bears (Ursus thibetanus).

      (c) Brown bears (Ursus arctos).

      (d) Giant pandas (Ailuropoda melanoleuca).

      (e) Polar bears (Ursus maritimus).

      (f) Sloth bears (Melursus ursinus).

      (g) Spectacled bears (Tremarctos ornatus), including hybrids thereof.

      (h) Sun bears (Helarctos malayanus).

      (Added to NRS by 2021, 1733)

      NRS 574A.016  “Direct contact” defined.

      1.  “Direct contact” means physical contact with or a situation of physical proximity where physical contact is possible with a dangerous wild animal.

      2.  The term includes, without limitation, a situation in which a photograph is taken with a dangerous wild animal without the presence of a permanent physical barrier which is designed to prevent physical contact between the public and the dangerous wild animal.

      3.  The term does not include physical contact between or a situation of physical proximity where physical contact is possible between a dangerous wild animal and:

      (a) The owner of the dangerous wild animal;

      (b) An employee of the owner of the dangerous wild animal or another person engaged with the owner of the dangerous wild animal while the employee or other person is conducting his or her duties, as determined by the owner of the dangerous wild animal;

      (c) A veterinarian licensed pursuant to chapter 638 of NRS for the purpose of providing treatment to a dangerous wild animal;

      (d) A law enforcement officer or animal control authority for the purpose of enforcing local ordinances and the laws of this State; or

      (e) The Department of Wildlife or the agents or employees thereof for the purpose of enforcing title 45 of NRS.

      (Added to NRS by 2021, 1733)

      NRS 574A.018  “Law enforcement officer” defined.  “Law enforcement officer” means:

      1.  A sheriff of a county or metropolitan police department and any deputy thereof;

      2.  An employee of the Department of Public Safety who has the powers of a peace officer pursuant to NRS 289.270;

      3.  A police officer of a city or town; and

      4.  A game warden or other agent or employee of the Department of Wildlife.

      (Added to NRS by 2021, 1734)

      NRS 574A.020  Applicability.  The provisions of this chapter do not apply to the extent that those provisions conflict with or are otherwise inconsistent with the provisions of chapter 574 of NRS.

      (Added to NRS by 2021, 1734)

      NRS 574A.025  Construction.  The provisions of this chapter must not be construed to prohibit a county or a city from adopting or enforcing any rule or law that places additional restrictions or requirements on the importation, possession, sale, transfer or breeding of dangerous wild animals.

      (Added to NRS by 2021, 1735)

PROHIBITED ACTS

      NRS 574A.040  Direct contact of dangerous wild animal with member of public prohibited.  A person shall not allow a dangerous wild animal to come in direct contact with a member of the public.

      (Added to NRS by 2021, 1734)

ENFORCEMENT

      NRS 574A.060  Authority of law enforcement officer or animal control authority to seize or impound dangerous wild animal.

      1.  A law enforcement officer or an animal control authority may seize a dangerous wild animal if the officer or authority has probable cause to believe that the person who owns or possesses the dangerous wild animal has violated NRS 574A.040.

      2.  A law enforcement officer or an animal control authority may impound a dangerous wild animal seized pursuant to subsection 1 on the property of the person who owns or possesses the dangerous wild animal until a transfer and placement of the dangerous wild animal becomes possible.

      (Added to NRS by 2021, 1734)

      NRS 574A.065  Forfeiture and voluntary relinquishment of seized dangerous wild animal; return of forfeited dangerous wild animal to owner; conditions when return of forfeited dangerous wild animal is prohibited; euthanization of dangerous wild animal.

      1.  If a person from whom a dangerous wild animal is seized pursuant to NRS 574A.060 is found to have violated NRS 574A.040, the court may order the forfeiture of the dangerous wild animal by the person.

      2.  A person from whom a dangerous wild animal is seized pursuant to NRS 574A.060 may voluntarily relinquish the dangerous wild animal. A person who voluntarily relinquishes a dangerous wild animal pursuant to this section remains subject to the imposition of a civil penalty pursuant to NRS 574A.080 for a violation of NRS 574A.040.

      3.  Except as otherwise provided in subsection 4, a dangerous wild animal that is forfeited pursuant to this section may be returned to the owner of the dangerous wild animal if the investigating law enforcement officer or animal control authority determines that:

      (a) Possession of the dangerous wild animal is allowed by law;

      (b) The owner has corrected each violation resulting in the forfeiture;

      (c) The return of the dangerous wild animal does not create a risk to public health or safety;

      (d) The dangerous wild animal has not been treated cruelly; and

      (e) The owner is in compliance with the provisions of this chapter.

      4.  A dangerous wild animal that is forfeited pursuant to this section must not be returned to the owner if the investigating law enforcement officer or animal control authority determines that possession of the dangerous wild animal is prohibited pursuant to this chapter or title 45 of NRS. If possession of the dangerous wild animal is prohibited by law, the dangerous wild animal must be humanely euthanized by an animal control authority in compliance with all applicable federal, state and local laws.

      (Added to NRS by 2021, 1734)

PENALTIES

      NRS 574A.080  Civil penalty.  A person who violates any provision of this chapter is subject to a civil penalty of not more than $20,000.

      (Added to NRS by 2021, 1735)