As used in NRS 569.005 to 569.130 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 569.006 to 569.0085
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1961, 512; A 1993, 1744; 1997, 461; 1999, 3682
; 2003, 2152 )
“Alternative
livestock” has the meaning ascribed to it in NRS 501.003 .
(Added to NRS by 2003, 2152 )
“Department” means the State
Department of Agriculture.
(Added to NRS by 2003, 2152 )
“Director” means the Director of
the Department.
(Added to NRS by 2003, 2152 )
“Estray” means any domesticated
livestock or progeny of domesticated livestock showing signs of
domestication, running at large upon public or private lands in the State
of Nevada, whose owner is unknown in the section where the animal is
found.
(Added to NRS by 2003, 2152 )
“Feral livestock” means
any formerly domesticated livestock or progeny of domesticated livestock
which have become wild and are running at large upon public or private
lands in the State of Nevada, and which have no physical signs of
domestication. The term does not include horses or burros that are
subject to the jurisdiction of the Federal Government pursuant to the
Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331 to 1340,
inclusive, and any regulations adopted pursuant thereto, or any other
federal statute or regulation.
(Added to NRS by 2003, 2152 )
“Livestock” means:
1. All cattle or animals of the bovine species;
2. All horses, mules, burros and asses or animals of the equine
species;
3. All swine or animals of the porcine species;
4. All goats or animals of the caprine species;
5. All sheep or animals of the ovine species;
6. All poultry or domesticated fowl or birds; and
7. All alternative livestock.
(Added to NRS by 2003, 2152 )
1. Except as otherwise provided by law, all estrays and feral
livestock within this state shall be deemed for the purpose of this
section to be the property of the Department.
2. The Department has all rights accruing pursuant to the laws of
this state to owners of those animals, and may:
(a) Dispose of estrays and feral livestock by sale through an agent
appointed by the Department; or
(b) Provide for the control, placement or disposition of estrays
and feral livestock through cooperative agreements pursuant to NRS
569.031 .
3. Except as otherwise provided by law, all money collected for
the sale or for the injury or killing of any such animals must be held
for 1 year, subject to the claim of any person who can establish legal
title to any animal concerned. All money remaining unclaimed must be
deposited in the Livestock Inspection Account after 1 year. The
Department may disallow all claims if it deems the claims illegal or not
showing satisfactory evidence of title.
4. The Department or any political subdivision of this state is
not liable for any trespass or other damage caused by any of those
estrays or feral livestock.
[1:200:1925; NCL § 3993]—(NRS A 1959, 641; 1961, 546; 1991, 1794;
1993, 295, 1744; 1995, 579; 1997, 461; 1999, 3682 ; 2003, 2153 )
1. Any county, city, town, township or other peace officer or
poundmaster who impounds under the provisions of any state law or county
or municipal ordinance any livestock shall, immediately after impounding
the livestock, send a written notice to the Department.
2. The notice must contain a full description, including all
brands and marks, sex, age, weight, color and kind of each animal so
impounded.
3. For the sale of livestock if the owner of the livestock is not
known, and for the sale of the impounded livestock as prescribed by law,
all notices posted or advertisements published by any officer or other
person having charge of the sale must include, unless the livestock is
feral livestock, a complete description of each animal to be sold,
including all brands and marks, sex, age, weight, color and kind.
[1:182:1925; NCL § 3990]—(NRS A 1959, 641; 1961, 546; 1993, 1744;
1999, 3683 ; 2003, 2153 )
The Department may enter into a cooperative
agreement for the control, placement or disposition of the livestock with
another agency of this state or with a county, city, town, township,
peace officer, poundmaster or nonprofit organization. If an agreement is
entered into, it must provide for:
1. The responsibility for the payment of the expenses incurred in
taking up, holding, advertising and making the disposition of the estray
or feral livestock, and any damages for trespass allowed pursuant to NRS
569.440 ;
2. The disposition of any money received from the sale of the
livestock;
3. The protection of the rights of a lawful owner of an estray or
feral livestock pursuant to NRS 569.040
to 569.130 , inclusive; and
4. The designation of the specific geographic area of this state
to which the cooperative agreement applies.
Ę The Department shall annually review the actions of the cooperating
person or entity for compliance with the agreement. The Department may
cancel the agreement upon a finding of noncompliant actions.
(Added to NRS by 1993, 294; A 1995, 649; 1997, 462; 1999, 3683
; 2003, 2153 )
1. Except as otherwise provided in subsection 2, NRS 569.040
to 569.130 , inclusive, or pursuant to a cooperative
agreement established pursuant to NRS 569.031 , it is unlawful for any person or his
employees or agents, other than an authorized agent of the Department, to:
(a) Take up any estray or feral livestock and retain possession of
it; or
(b) Feed any estray or feral livestock.
2. For a first violation of paragraph (b) of subsection 1, a
person must not be cited or charged criminally but must be informed that
it is unlawful to feed an estray or feral livestock.
[Part 1:27:1923; NCL § 3978] + [Part 9:27:1923; NCL § 3986]—(NRS A
1961, 547; 1991, 913; 1993, 295, 1744; 1995, 579; 1997, 462; 1999, 3683
; 2003, 2154 )
1. Before any person gathers any estrays or feral livestock, he
must cause notice of the gathering to be published in a newspaper of
general circulation within the county in which the gathering is to take
place.
2. The notice must:
(a) Be published at least once a week for the 4 weeks preceding the
gathering;
(b) Clearly identify the area in which the gathering is to take
place and the date and time of the gathering;
(c) If feral livestock are to be gathered, include a full
description of the species of feral livestock to be gathered;
(d) Indicate a location where owners or possible owners of the
estrays or feral livestock may go to claim an estray or feral livestock
that was gathered; and
(e) List the name and telephone number of a person who may be
contacted if an owner or possible owner is interested in viewing the
estrays or feral livestock gathered.
(Added to NRS by 1991, 912; A 2003, 2154 )
If a person takes up an estray, he shall, within 5 days
thereafter, make out a written description of the animal, setting forth
all marks or brands appearing upon the animal, and other marks of
identity, including color, age and sex, and forward the description by
mail to the Department at its office.
[Part 2:27:1923; NCL § 3979]—(NRS A 1959, 642; 1961, 547; 1993,
1745; 1999, 3683 )
1. Upon receiving notice of the taking up of an estray, the
Department, or its authorized agent, shall make or cause to be made an
examination of the state brand records.
2. If from the records the name of the owner or probable owner can
be determined, the Department, or its authorized agent, shall forthwith
notify him of the taking up of the estray.
3. Upon the owner’s proving to the satisfaction of the Department
that the estray animal is lawfully his, the Department shall issue to him
an order to receive the estray upon the payment of any damages allowed by
law and such charges as may be approved by the Department as reasonable
which may have been incurred in the care of the animal so taken up.
4. Upon receipt of a notice of the taking up of an estray, the
Department, or its authorized agent, may require a closer examination of
the brands and marks, as set forth in the notice, and may require a state
inspector to examine the brands before advertising.
[4:27:1923; A 1947, 426; 1943 NCL § 3981]—(NRS A 1959, 642; 1961,
547; 1969, 138; 1977, 249; 1993, 1745; 1999, 3684 )
1. Except as otherwise provided in subsection 4, if the owner or
probable owner of an estray cannot with reasonable diligence be
determined by the Department or its authorized agent, the Department
shall advertise the estray or cause it to be advertised.
2. A notice of the estray, with a full description, giving brands,
marks and colors thereon, must be published in a newspaper published at
the county seat of the county in which the estray was taken up. If there
is no newspaper published at the county seat of the county, the notice
must be published in the newspaper published at the nearest point to that
county.
3. Expenses incurred in carrying out the provisions of subsections
1 and 2 must be deducted from the proceeds of the sale of the estray
advertised.
4. The Department may sell an injured, sick or otherwise
debilitated estray if, as determined by the Department, the sale of the
estray is necessary to facilitate the placement or other disposition of
the estray. If an estray is sold pursuant to this subsection, the
Department shall give a brand inspection clearance certificate to the
purchaser.
[5:27:1923; A 1931, 83; 1931 NCL § 3982]—(NRS A 1961, 547; 1977,
249; 1993, 1745; 1997, 462; 1999, 3684 ; 2003, 2154 )
1. The Department may sell all feral livestock which it has
gathered if the Department determines that the sale of the feral
livestock is necessary to facilitate the placement or other disposition
of the feral livestock.
2. Except as otherwise provided in subsection 3, before the
Department may sell feral livestock, the Department must publish notice
of the sale of the feral livestock in a newspaper published at the county
seat of the county in which the gathering of the feral livestock
occurred. If there is no newspaper published at the county seat of the
county, the notice must be published in the newspaper published at the
nearest point to that county seat. A notice of a sale published pursuant
to this section need not include full descriptions of the feral
livestock, but may include such information and details as the Department
determines necessary.
3. The Department may sell injured, sick or otherwise debilitated
feral livestock if, as determined by the Department, the sale of the
feral livestock is necessary to facilitate the placement or other
disposition of the feral livestock. If feral livestock is sold pursuant
to this subsection, the Department shall give a brand inspection
clearance certificate to the purchaser.
(Added to NRS by 2003, 2152 )
1. If an estray is not claimed within 5 working days after the
last publication of the advertisement required by NRS 569.070 , it must be:
(a) Sold by the Department; or
(b) Held by the Department until the estray is given a placement or
other disposition through a cooperative agreement established pursuant to
NRS 569.031 .
2. If feral livestock is not claimed by the date of sale published
pursuant to NRS 569.075 , the feral
livestock must be sold by the Department pursuant to NRS 569.075 or placed pursuant to NRS 569.031 .
3. If the Department sells the estray or feral livestock, the
Department shall give a brand inspection clearance certificate to the
purchaser.
4. Estrays and feral livestock must be marked, branded or
identified with an individual animal identification before sale or
placement.
[6:27:1923; NCL § 3983]—(NRS A 1961, 548; 1993, 295, 1745; 1995,
579; 1997, 463; 1999, 3684 ; 2003, 2155 )
1. Except as otherwise provided pursuant to a cooperative
agreement established pursuant to NRS 569.031 , the Department shall:
(a) Pay the reasonable expenses incurred in taking up, holding,
advertising and selling the estray or feral livestock, and any damages
for trespass allowed pursuant to NRS 569.440 , from the proceeds of the sale of the estray
or feral livestock and shall place the balance in an interest-bearing
checking account in a bank or credit union qualified to receive deposits
of public money. The proceeds from the sale and any interest on those
proceeds, which are not claimed pursuant to subsection 2 within 1 year
after the sale, must be deposited in the State Treasury for credit to the
Livestock Inspection Account.
(b) Make a complete record of the transaction, including any marks
and brands and other means of identification of the estray, and shall
keep the record available for inspection by members of the general public.
2. If the lawful owner of the estray or feral livestock is found
within 1 year after its sale and proves ownership to the satisfaction of
the Department, the net amount received from the sale must be paid to the
owner.
3. If any claim pending 1 year after the date of sale is denied,
the proceeds and any interest thereon must be deposited in the Livestock
Inspection Account.
[7:27:1923; NCL § 3984]—(NRS A 1959, 642; 1961, 548; 1977, 250;
1983, 404; 1991, 1795; 1993, 295, 1745; 1995, 246, 579; 1999, 1513 , 3685 ; 2001, 91 ; 2003, 2155 )
1. A person who takes up an estray or feral livestock as provided
for in NRS 569.040 to 569.130 , inclusive, is entitled to hold the estray or
feral livestock lawfully until relieved of custody by the Department.
2. A person shall not use or cause to be used, for profit or
otherwise, any estray or feral livestock in his keeping under the
provisions of NRS 569.040 to 569.130
, inclusive. A violation of this
subsection shall be deemed grand larceny or petit larceny, as set forth
in NRS 205.2175 to 205.2707 , inclusive, and the person shall be punished
as provided in those sections.
3. Any person taking, leading or driving an estray or feral
livestock away from the possession of the lawful holder, as specified in
NRS 569.040 to 569.130 , inclusive, except as otherwise provided in
this section, is subject to all the penalties under the law, whether or
not he is the claimant of the estray or feral livestock.
[8:27:1923; NCL § 3985]—(NRS A 1961, 548; 1993, 1746; 1997, 347;
1999, 3685 ; 2003, 2155 )
If any estray or feral livestock,
after having been taken up by a person in accordance with the provisions
of NRS 569.040 to 569.130 , inclusive, escapes or is removed from the
custody of the person before being disposed of under the provisions of
NRS 569.040 to 569.130 , inclusive, the person has the legal right to
recover the estray or feral livestock wherever found and to hold it until
it is disposed of as provided in NRS 569.040 to 569.130 ,
inclusive.
[11:27:1923; NCL § 3988]—(NRS A 1961, 549; 2003, 2156 )
Estrays and feral livestock may
be taken up by authorized agents of the Department. The disposal of the
estrays and feral livestock must be conducted in the manner set forth in
the provisions of NRS 569.040 to
569.130 , inclusive.
[10:27:1923; NCL § 3987]—(NRS A 1961, 549; 1993, 1746; 1999, 3685
; 2003, 2156 )
Any person, including, without limitation,
any firm, company, association or corporation, who takes up or retains in
his possession any estray or feral livestock not his property, without
the owner’s consent, or except in accordance with the provisions of NRS
569.040 to 569.130 , inclusive, is guilty of a misdemeanor.
[3:27:1923; NCL § 3980] + [Part 9:27:1923; NCL § 3986]—(NRS A 1959,
643; 1961, 549; 2003, 2156 )
LIVESTOCK
As used in NRS 569.431 to 569.471 ,
inclusive, “legal fence” means a fence with not less than four horizontal
barriers, consisting of wires, boards, poles or other fence material in
common use in the neighborhood, with posts set not more than 20 feet
apart. The lower barrier must be not more than 12 inches from the ground
and the space between any two barriers must be not more than 12 inches
and the height of top barrier must be at least 48 inches above the
ground. Every post must be so set as to withstand a horizontal strain of
250 pounds at a point 4 feet from the ground, and each barrier must be
capable of withstanding a horizontal strain of 250 pounds at any point
midway between the posts.
(Added to NRS by 1991, 1147)
1. Except as otherwise provided in NRS 569.461 and 569.471 :
(a) If any livestock break into any grounds enclosed by a legal
fence, the owner or manager of the livestock is liable to the owner of
the enclosed premises for all damages sustained by the trespass. If the
trespass is repeated by neglect of the owner or manager of the livestock,
he is for the second and every subsequent offense or trespass, liable for
double the damages of the trespass to the owner of the premises.
(b) If any owner or occupier of any grounds or crops trespassed
upon by livestock entering upon or breaking into his grounds, whether
enclosed by a legal fence or not, kills, maims or materially injures the
livestock so trespassing, he is liable to the owner of the livestock for
all damages, and for the costs accruing from a suit for such damages,
when necessarily resorted to for their recovery.
(c) The owner or occupier of grounds or crops so damaged and
trespassed upon may take up and safely keep, at the expense of the owner
or owners thereof, after due notice to the owners, if known, the
livestock, or so many of them as may be necessary to cover the damages he
may have sustained, for 10 days, and if not applied for by the proper
owner or owners before the expiration of 10 days, the livestock may be
posted under the estray laws of the state, and before restitution may be
had by the owner or owners of the livestock, all damages done by them, as
well also as the expense of posting and keeping them, must be paid. Any
justice of the peace in the township has jurisdiction of all such
reclamation of livestock, together with the damages, and expense of
keeping and posting the same, when the amount claimed does not exceed
$2,500.
2. When two or more persons cultivate lands under one enclosure,
neither of them may place or cause to be placed any livestock on his
ground, to the injury or damage of the other or others, but is liable for
all damages thus sustained by the other or others. If repeated, after due
notice is given, and for every subsequent repetition, double damages are
recoverable in any court having jurisdiction.
[1:16:1862; B § 3992; BH § 741; C § 777; RL § 2332; NCL § 4016] +
[2:16:1862; B § 3993; BH § 742; C § 778; RL § 2333; NCL § 4017] +
[3:16:1862; B § 3994; BH § 743; C § 779; RL § 2334; NCL § 4018]—(NRS A
1961, 549; 1991, 1148)
No person is entitled to collect
damages, and no court in this state may award damages, for any trespass
of livestock on cultivated land in this state if the land, at the time of
the trespass was not enclosed by a legal fence.
[1:223:1917; 1919 RL p. 2846; NCL § 4022] + [2:223:1917; A 1929,
255; NCL § 4023]—(NRS A 1961, 550; 1991, 1149)
1. When a residential, commercial or industrial structure is
erected, or any other commercial or industrial activity is undertaken, on
land adjoining a pasture and separated from the pasture by a legal fence,
the developer of the structure or the person undertaking the activity,
unless he makes the election permitted by NRS 569.471 , shall repair any damage to the fence caused
by or related to the erection of the structure, the associated
development of the land or the activity undertaken. The developer or
person undertaking the activity is liable for any damage done by any
livestock which stray from the pasture through the damaged portion of the
fence for which he is responsible, and to the owner of the livestock for
any loss suffered as a result of their straying and for the loss accruing
from a suit for any such damages when necessarily resorted to for their
recovery.
2. For the purposes of this section, a structure is erected on
land adjoining a pasture if the land on which it is erected and land
adjoining the pasture are owned by the same person directly or through an
affiliate, even though the area may be divided into lots, and if the site
of the construction is within one-fourth of a mile of the pasture.
(Added to NRS by 1991, 1147)
A developer or a person undertaking an activity described
in NRS 569.461 , at his own expense, may
replace a legal fence with a fence certified by the Administrator of the
Division to be equally impervious to livestock, but if he does so, the
duty and liability imposed by NRS 569.461 exist and devolve in the same manner.
(Added to NRS by 1991, 1148; A 1993, 1746)
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