Elko County, NV Animal Ordinances: Breed Restrictions (2026)
Key Facts
- Definition
- A dog with the propensity to bite human beings
- Prima facie evidence
- Any bite to a person who was not trespassing
- Second bite
- Secure dog tight pen, approved by the Animal Control Officer
- Dangerous finding
- Dog license restricted, dog kept continuously in the pen
- Substantial bodily harm
- Animal surrendered, destroyed humanely and tested for rabies
- Section
- Elko County Code § 7-2-12
Summary
Unincorporated Elko County, Nevada defines a dangerous dog by behavior, not breed: a dog with the propensity to bite human beings, and a bite to any person who was not trespassing is prima facie evidence. A dangerous dog's license is restricted, it must stay in an approved secure pen, and a dog found out of the pen is destroyed.
(A) As used in this Section, "dangerous dog" means a dog with the propensity to bite human beings. It shall be prima facie evidence that a dog is dangerous if it has bitten any person, unless the person was trespassing upon the property of the owner. ... (D) The dog license issued pursuant to this Chapter shall be restricted whenever a dog is found to be dangerous, and the dog shall be continuously kept by the owner in a secure dog tight pen that has been inspected and approved by the Animal Control Officer. A dog whose license has been restricted upon that ground shall be forthwith destroyed if it is thereafter found or observed to be out of the pen in which it is required to be confined. ... (F) Substantial Bodily Harm: If any animal attacks a person, and such attack results in "substantial bodily harm," as defined by NRS 0.060, the animal shall be immediately surrendered to the animal control officer, and shall be destroyed in a humane manner, and shall be subsequently tested for rabies.
Full Breakdown
Section 7-2-12 of the Elko County Code does not list breeds. Subsection (A) defines a dangerous dog as a dog with the propensity to bite human beings, and makes it prima facie evidence of danger if the dog has bitten any person, unless that person was trespassing on the owner's property. The Board of County Commissioners adopted the section in Ordinance 1994-A and amended it in Ordinance 2021-02 on September 1, 2021.
Subsection (B) requires an owner who knows the dog has bitten a human being to inform the Animal Control Officer immediately, and requires strict compliance with Section 7-3-1 et seq., the rabies control chapter administered by the Elko County Sheriff's Department. If a dog bites a human being on a second occasion, subsection (C) requires the dog to be kept at all times in a secure dog tight pen that the Animal Control Officer has inspected and approved. A dog held in the animal shelter is not released until the officer approves the pen. An owner who refuses to provide the pen can appeal under Section 7-2-14(B) to the Board of County Commissioners, which sets the hearing within forty five days.
Subsection (D) restricts the dog license whenever a dog is found to be dangerous, and requires the owner to keep the dog continuously in the approved pen. A dog whose license has been restricted on that ground is destroyed forthwith if it is found or observed out of the pen. Subsection (F) goes further for serious attacks: if an animal attacks a person and the attack results in substantial bodily harm as defined by NRS 0.060, the animal must be immediately surrendered to the animal control officer, destroyed in a humane manner and tested for rabies, unless the person attacked was trespassing. Subsection (E) states these are minimum standards that do not supersede stricter or additional requirements imposed by the Nevada Revised Statutes.
Violations & Fines
Section 7-2-23 makes a violation of the animal control chapter a misdemeanor, with a fine not to exceed $1,000, imprisonment in the county jail not to exceed six months, or both, and each day a violation continues is a separate offense. Section 7-2-24 removes any need to prove the owner knew of the violation. The most severe consequence is in the section itself: a restricted dog found out of its approved pen is destroyed, and an animal causing substantial bodily harm is destroyed.
Frequently Asked Questions
Does Elko County ban specific dog breeds?
What must I do if my dog bites someone?
What happens after a second bite?
Can a dangerous dog be destroyed?
Sources & Official References
Other rules in Elko County
How Elko County compares: Cities with No Dog Breed Restrictions·Compare Elko County to another location·View the Nevada animal ordinances overview
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