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O-1591 Bill No. 1813 Introduced by: McCoy 1 ORDINANCE NO. 1592" AN ORDINANCE OF THE CITY OF BOULDER CITY, NEVADA, AMENDING TITLE 7, CHAPTER 3 OF THE BOULDER CITY CODE, ADDING THERETO A NEW SUB SECTION 7-3-3 REQUIRING THAT CERTAIN DOMESTIC ANIMALS BE SPAYED OR NEUTERED The City Council of Boulder City do ordain: Section 1. That Title 7, Chapter 3, Section 3, Subsection H of the Boulder City Code, Animal Control, requiring that no person shall harbor any cat or dog or ferret or pet rabbit or potbellied pig 5 months or older unless spayed or neutered is hereby approved and adopted as per the attached Exhibit A. Section2. VALIDITY. Each section and each provision or requirement of any section of this ordinance shall be considered separable and the invalidity of any portion shall not affect the validity or enforceability of any other portion. Section3. PUBLICATION. The City Clerk shall cause this Ordinance to be published in summary on Friday, the 30th day of June, 2017 in the Las Vegas Review Journal, a daily newspaper published in Las Vegas, Nevada. Section 4. EFFECTIVE. This ordinance shall become effective, after its approval and publication, on the 20th day of July, 2017. 6)\_ F.1N/at, RODNEY Woodbury, Mayor ATTEST: C2k-G4-° LORENE Krumm, ity Clerk Bill No. 1813 Introduced by: McCoy The foregoing Ordinance was first proposed and read by title to the City Council on the 6th day of June, 2017 which was a regular meeting; thereafter, on the 27th day of June, 2017 a regular meeting was held and the proposed Ordinance was adopted by the following vote: VOTING AYE: Harhay, Leavitt, McManus, Shuman, Woodbury VOTING NAY: None ABSENT: None DATED and APPROVED this 27th day of June, 2017. RODNEY WOODBURY, Mayor ATTEST: (969-6C-Gt-1 LORENE KRUMM, City Clef EXHIBIT A TITLE 7 POLICE REGULATIONS CHAPTER 3 ANIMAL CONTROL 7-3-3 H- Mandatory Spay/Neuter of Dogs, Cat, Pet Rabbits, Ferrets and Potbellied Pigs 1. Subject to the exceptions provided in this Section, it shall be unlawful to harbor within the City of Boulder City any un-spayed or unneutered dog, cat, pet rabbit, ferret or potbellied pig five months or older. 2. For purposes of this Section, "harbor" means legal ownership of, the providing of regular care or shelter, protection, refuge, nourishment, or medical treatment. This shall also include the providing of routine nourishment to a stray or feral cat or dog. 3. Exceptions: a. The spay and neuter requirements set forth in this Section shall not apply if a licensed veterinarian certifies in writing that a specific dog or cat or ferret or pet rabbit or potbellied pig is temporarily or permanently medically unfit to undergo the required spay or neuter procedure because of a physical condition that would be substantially aggravated by such procedure or would likely cause the animal's death. If temporary,the certificate shall indicate the period of time anticipated that the unsuitability will last. For an exemption to apply beyond that period, a new certificate must be obtained from a veterinarian. b. The spay and neuter requirement set forth in this Section shall not apply to animals harbored by an animal shelter, rescue organization, or business that keeps animals for sale provided that such organization requires the spaying or neutering of all dogs or cats or ferrets or pet rabbits or potbellied pigs in their custody and control prior to adoption or sale of such animal, unless one or more of the listed exceptions in the Section is applicable. c. The spay and neuter requirement set forth in this Section shall not apply to any dogs, cats, pet rabbits, ferrets or potbellied pigs harbored by a person/organization/business holding a valid breeder's permit issued in the State of Nevada and is in possession of a valid City of Boulder City business license. d. The spay and neuter requirement set forth in the Section shall not apply any dog engaging in active service with any federal, state or local law enforcement agency. EXHIBIT A 4. Forfeiture a. It shall be unlawful to own or possess any kitten(cat or rabbit)or puppy or piglet or kit (ferret)that has been born to a mother cat or rabbit or dog or potbellied pig or ferret not spayed in violation of this Section,unless adopted from an animal shelter, licensed pet store or breeder or rescue organization. As used in this Section, a"kitten' or"puppy"or "kit' means a cat or rabbit or dog or ferret under the age of five (5)months, as determined by the Animal Control Officer, and"piglet"means a potbellied pig under eight(8) pounds. i. Except after first determining that it is in the best interest of the kitten or puppy or piglet or kit because of violations of this Title, an Animal Control Officer shall not impound a kitten or puppy or piglet or kit without also impounding its mother for a violation of this Section if the kitten or puppy or kit is under eight(8)weeks of age, and under eight pounds for a piglet, and living with its mother or still taking its nourishment by nursing. As used in this Subsection, age and weight shall be estimated by the Animal Control Officer, after requesting documentary proof of age and weight from the person in possession of the animal. 5. Non-spayed/Unneutered Animals Running At-Large a. If an animal subject to the spay/neuter requirements of this Section is running at large and an Animal Control Officer determines,or has a veterinarian determine,that the animal has not been spayed or neutered in accordance with this Section; i. A citation, may be issued in accordance with this Chapter; and/or, ii. The owner may be required to have the animal spayed or neutered. 1. In such as case,the owner may elect to utilize a veterinarian of their choosing within 30 days of receiving a notice of being in violation and provide to the Boulder City Animal Control Supervisor written proof from said veterinarian that the procedure has been completed. 6. Release from the City of Boulder City Animal Shelter-Neutering or Spaying a. Before the release of any dog, cat, ferret,pet rabbit, or potbellied pig from the custody of the City of Boulder City Animal Shelter, unless an exception as outlined in this Section applies,the animal will be spayed/neutered before the animal is released. 7. Penalty for Violations a. Any person violating the provisions of this Section shall be guilty of a misdemeanor and shall, upon conviction,be fined not more than the maximum amount authorized by the applicable provisions of the Nevada Revised Statutes for criminal misdemeanor fines, or be imprisoned for not more than six(6)months in any penal facility currently authorized by the City Council for confining misdemeanants, or by both such fine and imprisonment. Each violation of any provision of this Section shall constitute a separate offense. NOTICE OF FILING Notice is hereby given that the following proposed ordinances were introduced by Council member McCoy and that a copy of such ordinances were filed with the City Clerk on the 6th day of June, 2017 for public examination. Bill No. 1812 "AN ORDINANCE OF THE CITY OF BOULDER CITY, NEVADA, APPROVING AGREEMENT NO. 10-1321 F, AN AGREEMENT BETWEEN THE CITY OF BOULDER CITY AND TECHREN SOLAR, LLC, FOR A THIRD AMENDED AND RESTATED LEASE-OPTION AGREEMENT RELATING TO THE CONSTRUCTION AND DEVELOPMENT OF A PHOTOVOLTAIC (PV) SOLAR ENERGY GENERATION FACILITY IN THE ELDORADO VALLEY TRANSFER AREA, AS PREVIOUSLY AUTHORIZED BY BOULDER CITY AGREEMENT NO. 10-1321 AND THE AMENDMENTS THERETO." Bill No. 1813 "AN ORDINANCE OF THE CITY OF BOULDER CITY, NEVADA, AMENDING TITLE 7, CHAPTER 3 OF THE BOULDER CITY CODE, ADDING THERETO A NEW SECTION 7-3-3-H, REQUIRING THAT CERTAIN DOMESTIC ANIMALS BE SPAYED OR NEUTERED." Notice is hereby further given that action on the proposed ordinances, or the ordinances as amended, will be taken at a regular meeting of the City Council of Boulder City, Nevada, on the 27th day of June, 2017, at the Council Chambers, City Hall, Boulder City, Nevada. Dated this 6th day of June, 2017. /s/Lorene Krumm Lorene Krumm, City Clerk Publish on June 9th, 2017 AFFIDAVIT OF PUBLICATION STATE OF NEVADA) COUNTY OF CLARK) SS: CITY OF BOULDER CITY CLERK Account# 20713 401 CALIFORNIA AVE BOULDER CITY NV 89005-2600 Ad Number 0000918008 Leslie McCormick,being 1st duly sworn,deposes and says: That she is the Legal NOTICE OF FILING Clerk fnr the I as Vegas Review-Journal and the Las Vegas Sun,daily newspapers Notice Is hereby given that the regularly issued, published and circulated in the City of Las Vegas, County of Clark, following proposed ordinances were introduced by Council State of Nevada,and that the advertisement,a true copy attached for,was member McCoy and that a copy of such ordinances were filed continuously published in said Las Vegas Review-Journal and/or Las Vegas Sun in 1 with the City Clerk on the 6th edition(s)of said newspaper issued from 06/09/2017 to 06/09/2017,on the following day of June, 2017 for public � ) 9 examination. days: Bill No.1812 06/09/17 "AN ORDINANCE OF THE CITY OF BOULDER CITY, NEVADA, APPROVING AGREEMENT NO.10- 1321F, AN AGREEMENT BETWEEN THE CITY OF BOULDER CITY AND TECHREN SOLAR, LLC, FOR A THIRD AMENDED AND RESTATED LEASE-OPTION AGREEMENT RELATING TO THE CONSTRUCTION AND DEVELOPMENT OF A PHOTOVOLTAIC (PV) SOLAR ENERGY GENERATION FACILITY IN THE ELDORADO VALLEY TRANSFER AREA, AS PREVIOUSLY AUTHORIZED BY BOULDER CITY AGREEMENT NO. 10-1321 AND THE AMENDMENTS THERETO." Bill No.1813 "AN ORDINANCE OF THE CITY OF BOULDER CITY, NEVADA, AMENDING TITLE 7, CHAPTER 3 OF THE BOULDER CITY CODE, ADDING THERETO A NEW SECTION 7-3-3-H, REQUIRING THAT CERTAIN ''DOMESTIC ANIMALS BE SPAYED OR NEUTERED." Notice is hereby further given that action on the proposed ordinances, or the ordinances as amended, will be taken at a regular meeting of the City Council of Boulder City,Nevada, on the 27th day of June,2017,at the Council Chambers, City Hall,Boulder City,Nevada. Dated this 6th day of June,2017. /s/Lorene Krumm Lorene Krumm, 9,City Clerk PUB:June 9,2017 LV Review-Journal LEGA ADVERTISEMENT REPRESENTATIVE Subscribed and sworn to before me on this 9th day of June,2017 Notary jj l O '''" MARY A. LEE ;.r;+,,1'-'; Notary Public, State of Nevada 0 4 .';��„� ' Appointment No. 09-8941-1 o My Appt. Expires Dec 15. 2020 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the following ordinances of the City of Boulder City, Nevada were introduced on June 6, 2017, and read by title. On June 27, 2017, Bill Nos. 1812 and 1813 were considered by the City Council and adopted as the following Ordinance Numbers: ORDINANCE NO. 1590 Introduced by: Council member McCoy Effective July 5, 2017 "AN ORDINANCE OF THE CITY OF BOULDER CITY, NEVADA APPROVING AGREEMENT NO. 10-1321 F, AN AGREEMENT BETWEEN THE CITY OF BOULDER CITY AND TECHREN SOLAR, LLC, FOR A THIRD AMENDED AND RESTATED LEASE-OPTION AGREEMENT RELATING TO THE CONSTRUCTION AND DEVELOPMENT OF A PHOTVOLTAIC (PV) SOLAR ENERGY GENERATION FACILITY IN THE ELDORADO VALLEY TRANSFER AREA, AS PREVIOUSLY AUTHORIZED BY BOULDER CITY AGREEMENT NO. 10-1321 AND THE AMENDMENT THERETO." Motion to adopt Ordinance No. 1590 was made by Council member Leavitt; seconded by Council member Shuman; and approved by the following vote: YEA: Harhay, Leavitt, McManus, Shuman, Woodbury NAY: None ABSENT: None ORDINANCE NO. 1591 Introduced by: Council member McCoy Effective July 20, 2017 "AN ORDINANCE OF THE CITY OF BOULDER CITY, NEVADA AMENDING TITLE 7, CHAPTER 3 OF THE BOULDER CITY CODE, ADDING THERETO A NEW SECTION 7-3-3-H, REQUIRING THAT CERTAIN DOMESTIC ANIMALS BE SPAYED OR NEUTERED." Motion to adopt Ordinance No. 1591 was made by Leavitt; seconded by Council member Shuman; and approved by the following vote: YEA: Harhay, Leavitt, McManus, Shuman, Woodbury NAY: None ABSENT: None Publish June 30, 2017 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the following ordinances of the City of Boulder City, Nevada were introduced on June 6, 2017, and read by title. On June 27, 2017, Bill Nos. 1812 and 1813 were considered by the City Council and adopted as the following Ordinance Numbers: ORDINANCE NO. 1590 Introduced by: Council member McCoy Effective July 5, 2017 "AN ORDINANCE OF THE CITY OF BOULDER CITY, NEVADA APPROVING AGREEMENT NO. 10-1321F, AN AGREEMENT BETWEEN THE CITY OF BOULDER CITY AND TECHREN SOLAR, LLC, FOR A THIRD AMENDED AND RESTATED LEASE-OPTION AGREEMENT RELATING TO THE CONSTRUCTION AND DEVELOPMENT OF A PHOTVOLTAIC (PV) SOLAR ENERGY GENERATION FACILITY IN THE ELDORADO VALLEY TRANSFER AREA, AS PREVIOUSLY AUTHORIZED BY BOULDER CITY AGREEMENT NO. 10-1321 AND THE AMENDMENT THERETO." Motion to adopt Ordinance No. 1590 was made by Council member Leavitt; seconded by Council member Shuman; and approved by the following vote: YEA: Harhay, Leavitt, McManus, Shuman, Woodbury NAY: None ABSENT: None ORDINANCE NO. 1591 Introduced by: Council member McCoy Effective July 20, 2017 "AN ORDINANCE OF THE CITY OF BOULDER CITY, NEVADA AMENDING TITLE 7, CHAPTER 3 OF THE BOULDER CITY CODE, ADDING THERETO A NEW SECTION 7-3-3-H, REQUIRING THAT CERTAIN DOMESTIC ANIMALS BE SPAYED OR NEUTERED." Motion to adopt Ordinance No. 1591 was made by Leavitt; seconded by Council member Shuman; and approved by the following vote: YEA: Harhay, Leavitt, McManus, Shuman, Woodbury NAY: None ABSENT: None Publish June 30, 2017 AFFIDAVIT OF PUBLICATION STATE OF NEVADA) COUNTY OF CLARK) SS: CITY OF BOULDER CITY CLERK Account# 20713 401 CALIFORNIA AVE Ad Number 0000922116 BOULDER CITY NV 89005-2600 Leslie McCormick, being 1st duly sworn,deposes and says: That she is the Legal PUBLIC NOTICE Clerk for the Las Vegas Review-Journal and the Las Vegas Sun, daily newspapers NOTICE IS HEREBY GIVEN that regularly issued, published and circulated in the City of Las Vegas,County of Clark, the following ordinances of the City of Boulder City, Nevada State of Nevada, and that the advertisement, a true copy attached for,was were introduced on June 6, continuously published in said Las Vegas Review-Journal and/or Las Vegas Sun in 2017,2017,and Bill Nos.s. 1812.and 1813 Y P 9 9 27,zo17, Bill Nos. 1812 and 1813 1 edition(s)of said newspaper issued from 06/30/2017 to 06/30/2017,on the following were considered by the City Council and adopted as the days: following Ordinance Numbers: 06/30/17 ORDINANCE NO.1590 Introduced by: Council member McCoy Effective July 5,2017 "AN ORDINANCE OF THE CITY OF BOULDER CITY, NEVADA APPROVING AGREEMENT NO.10- 1321F, AN AGREEMENT BETWEEN THE CITY OF BOULDER CITY AND TECHREN SOLAR, LLC, FOR A THIRD AMENDED AND RESTATED LEASE-OPTION AGREEMENT RELATING TO THE CONSTRUCTION AND DEVELOPMENT OF A PHOTVOLTAIC (PV) SOLAR ENERGY GENERATION FACILITY IN THE ELDORADO VALLEY TRANSFER AREA, AS PREVIOUSLY AUTHORIZED BY BOULDER CITY AGREEMENT NO. 10-1321 AND THE AMENDMENT THERETO." Motion to adopt Ordinance No. 1590 was made by Council member Leavitt; seconded by Council member Shuman; and approved by the following vote: YEA:Harhay, Leavitt, McManus, Shuman,Woodbury NAY: None ABSENT: None ORDINANCE NO.1591 Introduced by: Council member McCoy Effective July 20,2017 "AN ORDINANCE OF THE CITY OF '''''.--......---........:" BOULDER CITY, NEVADA AMENDING TITLE 7, CHAPTER 3 OF THE/ 'K ADDING BTTHERETOCITA CODE,NE LEGAL ADVERTISEMENT REPRESENTATIVE THATON CERTAIN DOQMESTIC C ANIMALS BE SPAYED OR NEUTERED." Subscribend sworn to bef•re me on this 30th day of June,2017 Motion to adopt Ordinance No. 1591 was made by Leavitt; seconded by Council member i ,1 t Ji /• Shuman; and approved by the ti9 following vote: l ,I /e Nota , ,,4,.. i 4 • 1 �at� A YEA: Harhay, Leavitt, - - — McManus,Shuman,Woodbury NAY: None ABSENT: None PUB:June 30,2017 4.0,,,,k,:.,,, LV Review-Journal ROSLIND R.ROBERTSON . 9 Notary Public,State of Nevada Appointment No.17-1892-1 My Appt.Expires Apr 20,2021