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Elko County, NV Animal Ordinances: Breed Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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.

These county ordinances apply to unincorporated areas of Elko County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(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?
Section 7-2-12 names no breeds. It defines a dangerous dog as a dog with the propensity to bite human beings, and a bite to any person who was not trespassing is prima facie evidence. The standard follows the dog's conduct, not its breed or appearance.
What must I do if my dog bites someone?
Section 7-2-12(B) requires the owner who knows the dog has bitten a human being to immediately inform the Animal Control Officer. Section 7-3-1 et seq. must also be strictly complied with, and the Elko County Sheriff's Department acts as the Rabies Control Authority for bite investigations.
What happens after a second bite?
Under Section 7-2-12(C), the dog must thereafter be kept at all times in a secure dog tight pen that the Animal Control Officer has inspected and approved. A dog held at the shelter is not released until the pen is approved. An owner who refuses can appeal to the Board of County Commissioners.
Can a dangerous dog be destroyed?
Yes. Under Section 7-2-12(D), a dog with a restricted license is forthwith destroyed if it is found or observed out of its required pen. Under subsection (F), an animal whose attack causes substantial bodily harm is surrendered, destroyed in a humane manner and tested for rabies, unless the victim was trespassing.

Sources & Official References

Other rules in Elko County

All Elko County rules

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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