Breeding moves off backburner

The contentious issue of changing the municipal code in Boulder City to set up a system under which residents interested in breeding cats and dogs would be able to get a license for doing that is not exactly back before the city council for consideration. But it has taken the first step in getting to that point.

The city announced last week that it is now accepting input for the formulation of a Business Impact Statement. Per NRS 237.080 and 237.090, a Business Impact Statement must be prepared to evaluate the effect of proposed fines and fees on businesses. Residents may “submit data and arguments to the city as to whether the proposed fee changes: (1) impose a direct and significant economic burden upon a business or (2) directly restricts the formation, operation, or expansion of a business.”

The notice that the process is open reads:

“Boulder City is proposing an ordinance to regulate the breeding of cats and dogs in the City. The proposed ordinance would create a breeder’s permit and require an applicant for a breeder’s permit to meet the following conditions:

• If breeding a dog, the person must lawfully occupy a space located in an R1-20, R1-40, or R1-80 zoning district that provides no less than 40 square feet of indoor space dedicated per dog being bred, and 1,000 square feet of quality outdoor space which is adequately shaded;

• The person must lawfully occupy a residence with a clean, healthy, safe environment with adequate feed, water, and shelter that is properly heated or cooled;

• The person must consent to an inspection by the Animal Control Officer of the premises to determine its compliance with the provisions above, as applicable;

• The person must obtain a business license issued by the City, and a home occupation permit as set forth in Title 4 and Title 11, respectively; and

• The person must have no previous violations of the Boulder City Code or state law related to animal welfare.”

As proposed, the permit would have to be renewed each year and the renewal would be tied to an inspection. The proposed fee for the license is $250 plus “actual costs” borne by the city for the inspection process. Renewals would run $100 plus the same inspection costs.

Fines for breeding without a permit would start at $500 for a first offense, moving up to $1,000 for third and subsequent violations.

Feedback is only accepted in writing to the city by Oct. 18, 2024. Feedback can be sent by email to fees@bcnv.org, or in writing at the following address:

City of Boulder City

Animal Control

ATTN: Ann Inabnitt, Animal Control Supervisor

810 Yucca Street

Boulder City, NV 89005

According to state law, the Business Impact Statement has to be presented to the council at least 10 calendar days before any action is taken on a bill. City staff has indicated that there is no date scheduled for the issue coming back before the council. But given the 10-day requirement, and the council calendar for the remainder of the year, it is unlikely that it would be presented to the council any sooner than the Nov. 12 meeting, which would mean it is unlikely to be voted on before early December. (The council recently voted to vacate the second meeting in November because it usually falls in the same week as Thanksgiving.)

If it were to come back in November, no vote could be taken until the next scheduled meeting on Dec. 10. That meeting is also the final one in the 2024 calendar year.

The issue has a topsy-turvy history. It first came before the council in June 2023 and, at that time multiple council members stated opposition to allowing any breeding. Boulder City law generally requires animals to be spayed or neutered. But there is an exception if someone has a valid license. However, there was no process in the city code for actually obtaining that license.

The breeding issue was combined with a fancier permit that would allow permit-holders to keep more than the legal limit of three dogs and/or cats. That combo nearly became law late last year with what appeared to be a motion and a second to move to a vote. But then Councilmember Sherri Jorgensen raised a question about the amount of space breeders would be required to have available and Councilmember Steve Walton proposed scaling back the fine to $250. At that point, the council declined to take any action, which tabled the issue.

The proposal had been brought forward by Councilmember Cokie Booth who had initially said she thought no breeding should be allowed. However, she did want an option available for fanciers. In an interview with the Review earlier this year, Booth said that she never wanted to see breeding and that she had only brought the proposal forward because City Attorney Brittany Walker told her that the city could not address a fancier permit without also addressing breeding. At that time, Booth reiterated her opposition to breeding.

However, separating the issues is exactly what the city ended up doing, voting to approve a fancier permit in June of this year.