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 Las Vegas
 Code of Ordinances
 Title 7. ANIMALS
 Chapter 7.16. DANGEROUS ANIMALS

  § 7.16.050. Criminal complaint—Hearing process.

Latest version.

  • (A)

    The owner or keeper of any animal declared vicious by the Animal Regulation Officer shall be notified by personal service or by certified mail, return receipt requested, sent to the last known address of the owner or keeper. Within ten days after notice has been served personally or deposited in the mail, the owner or keeper shall voluntarily transfer possession of the animal to the Animal Regulation Officer and do one of the following:

    (1)

    Voluntarily relinquish ownership of the animal for euthanasia in accordance with the provisions of LVMC 7.20.040;

    (2)

    Provide written proof to the Animal Regulation Officer that the animal has been euthanized by a properly licensed veterinary clinic; or

    (3)

    File with the Animal Regulation Officer a written request for hearing before a hearing officer to determine if the declaration that the animal is vicious should be upheld. The owner or keeper may not maintain possession of the animal during the hearing process.

    (B)

    If a hearing is requested within the specified time period, the Animal Regulation Officer shall present the matter to the hearing officer no later than forty-five days after receipt of the written request for hearing. The hearing officer shall act expeditiously to decide the matter and may:

    (1)

    Uphold the vicious animal declaration;

    (2)

    Recommend that the owner or keeper obtain a dangerous animal permit, if appropriate; or

    (3)

    Take such other action as the hearing officer deems appropriate.

    (C)

    If the hearing officer upholds the vicious animal declaration, the Animal Regulation Officer may proceed to destroy the animal, but not until at least ten days have elapsed from the date the owner or keeper receives notice of the decision. Within that ten-day period, the owner or keeper of the animal shall have the right to seek appropriate relief in the Municipal Court.

    (D)

    As an alternative to the procedure set forth in Subsections (A) through (C) of this Section, the question of whether an animal should be declared vicious may be referred to a hearing officer by the Municipal Court in connection with the filing and processing of a criminal complaint. The hearing officer shall hold an informal hearing and report his or her findings and recommendations to the Court. If a defendant is found guilty of violating this Title and the hearing officer recommends that the animal be destroyed, the Court may order the destruction of the animal as part of the defendant's sentence. The Court is not bound by any recommendations of the hearing officer and may in its discretion order that an animal be destroyed notwithstanding a contrary recommendation by the hearing officer.

(Ord. No. 6172, § 6, 12-7-11; Ord. 5220 § 28, 2000: Ord. 3618 § 87, 1991)