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AN ORDINANCE TO REPEAL ORDINANCES NO. 331, AND 449, ALSO KNOWN AS CHAPTER 4, CODE OF LAS VEGAS, NEVADA, 1949 BY PROVIDING FOR A PUBLIC POUND, APPOINTING A POUNDKEEPER AND PRESCRIBING HIS POWERS AND DUTIES; PROVIDING FOR THE REGISTRATION OF DOGS AND OTHER ANIMALS; PROVIDING FOR THE REDEMPTION, SALE, OR OTHER DISPOSITION OF DOGS AND OTHER ANIMALS IMPOUNDED; PROHIBITING CRUELTY TO ANIMALS, DEFINING CRUELTY TO ANIMALS; PROHIBITING ANIMALS FROM RUNNING AT LARGE; DEFINING OFFENSES OF THIS ORDINANCE; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR OTHER MATTERS RELATED THERETO; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. The Board of Commissioners of the City of Las Vegas do ordain as follows: SECTION 1. DEFINITIONS. As used in this Ordinance, unless the context otherwise indicates the word "dog" shall be intended to mean both male and female; the word "owner" shall be intended to mean any person owning, keeping or harboring a dog or other animal; the words "at large" shall be intended to mean off the premises of the owner and not under the control of a person by leash, cord, chain or otherwise; the term "animal" shall mean every domesticated and tame living creature, except members of the human race; the terms "torture" or "cruelty" shall mean every act of omission or commission whereby unjustifiable physical pain, suffering or death is caused or permitted. SECTION 2. CLARK COUNTY HUMANE SOCIETY, POUNDKEEPER. The Clark County Humane Society, a corporation organized and existing by virtue of the laws of the State of Nevada, is hereby appointed as Poundkeeper and is authorized to establish a pound and said appointment shall continue in force and effect pursuant to contract as long as said Poundkeeper shall enforce the provisions of this Ordinance and all other ordinances of the City of Las Vegas regulating the keeping of fowls and animals in a manner satisfactory to the City Commission, and said Poundkeeper shall have charge of the said Pound. SECTION 3. BUILDINGS FOR OPERATION OF POUND. The Poundkeeper shall provide, at the sole expense of the Poundkeeper, suitable buildings for the operation of said Pound. SECTION 4. PAYMENT OF POUNDKEEPER. Payment to Poundkeeper will be made according to the terms of a Contract between the City of Las Vegas and the Clark County Humane Society, together with all revenue derived from the sale of dog licenses, and the Poundkeeper shall in addition to said sums retain as additional compensation all sums realized from the operation of said pound and the Poundkeeper shall pay all necessary expenses of said public pound including the payment for the services of all deputy poundkeepers, sustenance for animals impounded and all other expenses connected with the equipment and maintenance of the said public pound and the impounding and disposal of animals impounded. SECTION 5. DEPUTY POUNDKEEPERS. The Poundkeeper may at any time appoint as many deputy pound- keepers as may be required to properly discharge the duties required by this Ordinance. SECTION 6. UNLAWFUL TO RESIST OR OBSTRUCT POUNDKEEPER. It shall be unlawful for any person to resist or obstruct the Poundkeeper or any deputy poundkeeper in the exercise of duties imposed by this ordinance. SECTION 7. DOG LICENSES. It shall be unlawful for any person to own, keep, or have in his possession any dog without paying a license fee of TWO AND ONE-HALF DOLLARS ($2.50) for the year 1953, and thereafter an annual license fee of THREE DOLLARS ($3.00) to the Poundkeeper for each spayed female or male dog and FIVE DOLLARS ($5.00) for each female dog so owned, kept or controlled. Such annual license shall be for the calendar year or any part thereof, during which any such dog is so owned, kept or controlled and shall be payable in advance. In the case of an unspayed female, a certificate from a licensed Veterinarian must be shown at the time of application for license, as proof of paying. Upon the payment of such license fee the Poundkeeper shall issue a certificate stating the calendar year for which such license fee is paid, the date of payment, the name and residence address of the person to whom such license is issued, and a description of the dog, and shall issue a metallic or plastic tag numbered to correspond with the license or certificate of registry with the calendar year stamped thereon. It shall be the duty of the owner or person having control or possession of the dog for which said license has been paid and such tag issued to attach such tag to a suitable collar around the dog's neck, and if such- tag shall be lost it shall be the duty of the owner or person having control of the dog for which said lost license was issued to procure a new license and to pay the fee of One Dollar ($1.00) therefor. Failure to secure the required annual license on or before January 31st of each year will result in a penalty in the amount of Fifty Gents ($.50) upon the securing of the proper license. SECTION 8. UNAUTHORIZED REMOVAL OF LICENSE TAGS. It shall be unlawful for any person to remove any license tag issued under the provisions of this Ordinance from any dog not owned by him or not lawfully in his possession or under his control, or for any person to place on any dog, or to permit any dog in his control or possession to wear, any license tag not issued or provided in this Ordinance for that particular dog for the then current calendar year, or to have in possession or to make or to place on a dog, or to have in possession any dog, wearing any counterfeit or imitation of any license tag provided for in this Ordinance. SECTION 9. WHEN LICENSING PROVISIONS INAPPLICABLE. The provisions of this Ordinance requiring the licensing of dogs shall not apply to dogs under the age of six (6) months if kept within a sufficient enclosure, nor to dogs owned by or in custody or under the control of persons who are non residents of the City of Las Vegas and temporarily sojourning therein for a period of not to exceed forty-five (45) days, nor to dogs brought to said City of Las Vegas exclusively for the purpose of entering the same in any dog show or exhibition, and which are actually entered in and kept at such show or exhibition, provided, that it shall be unlawful for any such unlicensed dog to be permitted to run at large in the City of Las Vegas. SECTION 10. POUNDKEEPER'S BOND. The Poundkeeper shall give and execute to the City of Las Vegas a bond in the sum of ONE THOUSAND DOLLARS ($1,000.00) conditioned for the faithful performance of the duties of the office of Poundkeeper and to save the City of Las Vegas harmless from any and all damages that may be adjudged against it by reason of any act or acts of the Poundkeeper or any other person acting under the direction of, or as agent of said Poundkeeper. SECTION 11. POUNDKEEPER'S RECORDS; OPEN TO PUBLIC INSPECTION. The Poundkeeper shall keep a record of the number, description and disposition of all animals, dogs and fowls impounded, showing in detail in the case of each animal, dog or fowl the date of receipt, the date and manner of disposal, the manner and time of advertising for sale, the name of the person reclaiming, redeeming or purchasing; the reason for destruction and the charges and proceeds of sales received on account thereof. Such records shall be subject to audit by duly authorized City officials or their agents. ORDINANCE NO. 521