Nye County Agenda Information Form
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NYE COUNTY AGENDA INFORMATION FORM Action U Presentation U Presentation & Action Department: Nye County Sheriff’s Office Agenda Bate: Category: Timed Agenda Item— 10:00 a.m. November 20, 2018 Contact: Sheriff Sharon Vehr1y Phone: 775-751-7000 Continued from meeting of: Return to: Lt. Harry D. Williams Location: Pahrump Phone: 751-7000 Action requested: ([nclude what, with whom, when, where, why, how much ($) mid tenns) Discussion and deliberation on appeal (pursuant to Nyc County Code Title 6, Animals, Section 6.40.0 10) of the Nyc County Sheriffs Office’s amended denial of a Special Conditions Animal Permit application (as required by Nye County Code Title 6, Animals, Section 6.30.030) to allow the possession often (10) special conditions animals (tigers) located at 6061 N. Woodchips Road, Pahrump, Nevada 89060, APN 027-241-26. Karl Mitchell/Kayla Mitchell/Big Cat Encounters — Appellants; Arlette Newvine, Esq. — Attorney for Appellants; Raymond Mielzvnski — Property Owner. Complete description of requested action: jinclude. ifapphcihle. background. impact. Iong-:eni commitment, existing county policy. future gnals, oht&ned by competitive bid. accountability measures Any information provided after the agenda is published or (luring the meeting of the Coni,nissionei-s will require you to provide 20 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two [or the County Manager. Contracts or documents requiring signatLire must be submitted with three original copies. Expenditure Impact by FY(s): (Provide detail on Financial Fonii) No tinancial impact Routing & Approval (Sign & Date) I. Dept Date 6. Date Date Date 2. 7 FIR Date 3 s. Legal 4 Date 9. Finance Date Date Date 5 jo. County Manager _s.oJi Agenda c)i UEM# ___ , iJE I ‘A 27, 2018 Karl Mitchell Kayla Mitchell 6061 Woodchips Rd, Pahrump, Nevada 89048 RE: Special Conditions Animal PermIt Amended Denial Karl and Kayla Mitchell, The NCSO is in receipt of your apphcation for a Special Conditions Animal Permit, You have been noticed several tines of your need to come into the NCSO’s Pahrump Office and pay the fees for this permit. You have failed to do so and such failure are grounds for denial oF your application. However, you have requested the Nyc County Sheriff’s Office waive these fees, as you allege the tigers are your emotional support animals, and therefore, a fee waiver should be given as an accommodation under the Fair Housing Act. Based thereon, we have agreed with your counsel to refrain from taking any action based on the failure to pay the fee and/or the fee waiver request for now, as there are additional reasons for denying your Special Conditions Animal Permit application and if these additional issues are resolved, you can have your waiver request addressed through your applying for a fee waiver to the Board of County Commissioners (“BoCC”). Below you will find an explanation of the additional reasons for the NCSO’s denial. You have not complied with Nye County Code (“NCC”) Chapter 6.30 requirements since Mrs, Mitchell’s Special Conditions Animal Permit expired in November 2016. From that date until the present, you and Mrs. Mitchell have continued to possess Special Conditions Animals on your property without the required permits from Nye County or the United States Department of Agriculture (“USDA”). Particularly, under NCC 6.30.100 and 6.30.030, once the 2016 Special Conditions Animal 775-751•7000 . http:j/www.r.y.countysherlffsofflce.com — . .C5flr ARIA COMMAND SOUTHtPN AREA COMMAND CENTRAL AMA cOMMAND NORTHERN 931 1520€ GAS’N AVENUE P.O. SOX 005 P.O BOX Prn4RItMP NflJtjlA RQflcfl RFAT1V NTVAfl Rrm3 TflNflPA4 NnJAna Rqnaq I . - “t .‘ . 4 Permit expired and was not renewed, you started possessing these Special Conditions Animals illegally without the required permit. As you have not yet received the Special Conditions Animal Permit, you are still illegally possessing these tigers on your property. Additionally, the NCSO is aware that you have been exhibiting these Special Conditions Animals. NCC 6.20020 prohibits exhibiting of Special Conditions Animals without obtaining a Special Conditions Animal Permit from Animal Control. Further, the USDA also requires an exhibitor’s license. See NCC 6.20.020 and NCC 6.30.050(0). Animal central is aware that you do not possess the required USDA exhibitor’s license. The investigation into your exhibiting activities are ongoing, however, Animal Control is currently in possession of photographs from social media of certain celebrities visiting “the ranch” and petting, holding and taking photographs with tigers. Enclosed are examples of such photographs. Further, Animal Control has spoken to David Goldrake, who has stated that you brought a tiger cub (Abraham) to the Tropicana Hotel in Las Vegas, Nevada, in September 2017. Once at the Tropicana, you walked Abraham on a leash to a dressing room at the Tropicana where approximately ten people petted and took photos with the tiger cub. Mr Goidrake stated that he paid you a fee of $750 in cash for the photo session. This activity would violate our code, federal USDA law, as well as the laws of Clark County. (See i.e. Clark County Code 10.18) Consider this communication your notification that your application and request for a Nye County Special Animal Permit has been DENI€D due to nonpayment (although this reason for denial is temporarily “5tayed” pending the outcome of the noncompliance reasons for denial) and due to your engaging in illegal exhibitions of your tigers, Page 12 .. ... rjz—___._. —‘.———-. SOUTHLRN AREA COMMNO CENTRAl AREA COMMAND NOWTWERN AREA COMMAND AVENUE P.O. BOX SOS P.O. sox 031 152CC UASIN qn.aQ PAHPIIMP NFLJAflA Rfln pr4flv PFVbflA RQflfll TOPSC3P4H NrvAnA IL. ___________________________________ OflM4°fl4— a Pursuant to NCC 6.40.010, you have a right to appeal this denial to the Board of County Commissioners within ten (10) calendar days from the date of this denial letter. Therefore, your appeal request must be filed no later than August 6, 2018. Therefore, in accordance with Title 6, as cited above, you are noticed that you are out of compliance. If you fail to file a timely appeal to the Board of County Commissioners, you are required to remove all Special Conditions Animals .1 residing on your property by August 20, 2018. If you fail to remove the Special Condition5 Animals, Nye County may take any and all legal and equitable action permitted by law. Please contact Janice Maurizio, 775-751-4255 or Lt. Harry williams, 775-751-6362 .1 of this office for questions and assistance during your permitting process. Cordially, S aron A. Weh Nye County Sheriff Cc: Michael Elsenloftel, tindersheriff John Koenig, 80CC Chairperson Dan Schinhofen, 80CC Vice Chairperson Lorinda Wichman, Member Donna Cox, Member Andrew Borasky, Member Michael Eisenloffel, Undersheriff II Harry Williams, Lieutenant Janice Maurizio, Sheriff’s Supervising Admin Page 13 -: -au__— C-——.— tz-zj COMMAND SOUThERN AREA COMMAND CENTRAL AREA COMMAND NORThERN ARIA 15101 BASIN AVENUE P.O. BOX 805 P.0, 80* 831 PWAHMP NFVMI&M4flR RFAI1’W TONflDM4 NFVAflhR’fldU 3 ____________ p 6.30.100: GENERAL RESTRICTIONS, CONDITIONS, AND REQUIREMENTS: control on A. If an application for a permit renewal is not submitted to Nye County animal or before the expiration date, animals possessed pursuant to the expired permit shall be deemed to be possessed unlawfully If an application for a permit renewal with no changes in the current permit Is submitted ten (10) calendar days pnor to expiration fr date, the current permit remains in effect while the application is being reviewed by the Nye County animal control. 6.30.030: OWNERSHIP AND POSSESSION: A. It is unlawful for any person, corporation, partnership, or other legal entity to import, transfer sell purchase or possess an animal classified as special conditions within Nye ki County unless that person, corporation, partnership, or other legal entity holds a permit or is exempt fom holding a pennit under this chapter and under the provisions of Nevada F Revised Statutes 571 and 503 and Nevada administrative code 441,4, 503, and 504, B. It is unlawful for any person, corporation, partnership, or other legal entity who holds a special conditions animal permit to sefl, transfer, deliver or give an animal dassified as special conditions to any other person, corporation, partnersh p, or other legal entity within Nye County unless the other person, corporation, partnership, or other legal entity V also holds a permit or is exempt from holding a permit under this chapter and under the provisions of Nevada Revised Statutes 571 and 503 and Nevada administrative code U 441A, 503, and 504. (Ord. 499, 2016) 6.20.020: EXHIBITiONS; WiLD ANIMALS OR SPECIAL CONDITIONS ANIMALS: U No wId animal or special condihons animal shall be exhibited until the owner or person having care, custody or control thereof obtains a special conditions arth’nal permit from animal conlrol to do so. The granting of said permit is at the discretion of animal control for the purposes described herein and shall be conditioned to address health and safety concerns and local zoning requirements, or to prevent the animal Iron becoming unlawful. Special conditIons animal permits are site specific and nontransferable. ProvisIons of this chapter inclusive do not apply to any livestock. Exhibitor must have United States department o’ agriculture (USDA) exhibitors license for those animals that requite it. (Ord. 499, 2016) 6 30 050 PERMIT APPLICATION it The applicant shall submIt the Mowing to Nye County animal control for each permit, permit amendment, or permit renewal. Any fatse statements made by applicant on the permit application will render such application null and void.