574.195 - Allowing cat or dog to remain unattended in motor vehicle during period of extreme heat or cold unlawful; removal of animal; exceptions; immunity from liability; penalty.
574.195 Allowing cat or dog to remain unattended in motor vehicle during period of extreme heat or cold unlawful; removal of animal; exceptions; immunity from liability; penalty.
1. Except as otherwise provided in subsection 3, a person shall not allow a cat or dog to remain unattended in a parked or standing motor vehicle during a period of extreme heat or cold or in any other manner that endangers the health or safety of the cat or dog.
2. Any:
(a) Peace officer;
(b) Officer of a society for the prevention of cruelty to animals who is authorized to make arrests pursuant to NRS 574.040;
(c) Animal control officer;
(d) Governmental officer or employee whose primary duty is to ensure public safety;
(e) Employee or volunteer of any organized fire department; or
(f) Member of a search and rescue organization in this State that is under the direct supervision of a sheriff,
Ê may use any force that is reasonable and necessary under the circumstances to remove from a motor vehicle a cat or dog that is allowed to remain in the motor vehicle in violation of subsection 1.
3. The provisions of subsection 1 do not apply to:
(a) A police animal or an animal that is used by:
(1) A federal law enforcement agency to assist the agency in carrying out the duties of the agency; or
(2) A search and rescue organization specified in paragraph (f) of subsection 2 to assist the organization in carrying out the activities of the organization;
(b) A dog that is under the possession or control of:
(1) An animal control officer; or
(2) A first responder during an emergency;
(c) A dog that is under the possession or control of a person who:
(1) Is actively engaged in hunting a species of game mammal or game bird during the season for hunting that species of game mammal or game bird;
(2) Is using the dog for the purpose set forth in subparagraph (1); and
(3) Holds a license or tag to hunt that species of game mammal or game bird during that season; or
(d) A dog that is participating in:
(1) Training exercises relating to hunting; or
(2) Field trials relating to hunting.
4. A cat or dog that is removed from a motor vehicle pursuant to subsection 2 shall be deemed to be an animal being treated cruelly for the purposes of NRS 574.055. The person who removed the cat or dog may take any action relating to the cat or dog specified in that section and is entitled to any lien or immunity from liability that is applicable pursuant to that section.
5. A person who violates a provision of subsection 1 is guilty of a misdemeanor.
(Added to NRS by 2007, 1925)