August 19, 2025

Kelly Crouch, CFA Legislative Information Liaison

Boulder City, Nevada, is considering a breeder permit ordinance (https://www.bcnv.org/1105/Proposed-Pet-Breeding-Ordinance) mandating permits for anyone who breeds a cat or dog in the city limits. Nevada Revised Statutes (NRS) §574.353 requires all cities and counties, not limited by interlocal agreements, to adopt ordinances requiring annual breeder permits for commercial breeders. NRS §574.245 defines a breeder as “a dealer, operator or other person who is responsible for the operation of a commercial establishment engaged in the business of breeding dogs or cats for sale or trade. The term does not include a person who breeds dogs or cats as a hobby.” [Emphasis added.] It appears the city was unsure how restrictive it could be under state law.

The City Attorney requested an Opinion Letter (https://ag.nv.gov/uploadedFiles/agnvgov/Content/Publications/AGO%202025-02.pdf) about NRS 574.353 from the Office of the Nevada Attorney General. Specifically, the city Attorney asked if the law preempted city governments from banning breeding cats and dogs. If so, does the statute also preempt a city government from regulating hobby breeding of cats and dogs? The short answer is that while the city is preempted from prohibiting commercial animal breeding, there is no prohibition preventing a city government from banning or limiting animal breeding by hobby breeders in order to address a local concern. The Attorney General’s Opinion Letter goes on to say that a city is within its express statutory authority to regulate animal breeding to prevent animal cruelty. The Opinion Letter does not address whether there is a matter of local concern or animal cruelty that would enable Boulder City to institute such a ban consistent with its powers under state law.

As a result of that Opinion Letter, Boulder City is considering an amendment to its current animal control laws that would require every person who wishes to breed a cat or dog to obtain annual breeder permits and adhere to specified requirements, including but not limited to:

1. Meet zoning restrictions and, for dogs, space requirements;
2. Is subject to inspections and facility and care requirements;
3. Must have a business license and home occupation permit in addition to the breeder’s permit;
4. Keeps and maintains no more than three intact dogs or cats that are one year of age or older, provided the following conditions are met:
a. Each dog or cat is registered with a nationally recognized club or registry,
b. Each dog or cat being bred has a registered microchip and is up-to-date on its rabies vaccination, and
c. A dog or cat may not be bred until it is at least two years of age and may only have a litter every two years.

However, cats are not little dogs! Requiring that a cat be two years old and only have litters every two years endangers not only its reproductive capability but also its life. Deliberately endangering a cat runs counter to the animal welfare philosophy. Both cats and dogs are subject to reproductive problems due to repeated unbred heats. But while a female dog may have up to three cycles a year, some female cats may cycle as often as every three to four weeks. That’s up to 17 cycles per year and 34 cycles in two years, significantly increasing the risk of reproductive health issues in female cats.

Furthermore, the limitation of three intact animals does not allow the breeder to maintain a genetically diverse breeding program. Genetic diversity is crucial to a healthy population. This arbitrary cap guarantees hobby breeders will have difficulty maintaining adequate genetic diversity. This only hurts our pedigreed cats and purebred dogs and the people who buy them. It is hard to believe this is the intention of the city council.

As written, the proposed ordinance will require hobby breeders to meet all the requirements of commercial breeders. Breeding cats is not the primary full-time job for hobby breeders, most of whom work outside the home. It is not a livelihood; it is a passion that generally costs more money than it generates. Requiring a breeder’s permit, a business license, and a home occupation permit, along with all the other requirements for commercial breeders, is overkill for hobby breeders who dedicate time and money to producing and preserving healthy specimens of their chosen breed, and usually lose money doing it! Furthermore, pedigreed cats make up only three to five percent of the cat population in the country. Few pedigreed cats, or even mixes with pedigreed cats, will find themselves in local shelters. Treating hobby breeders the same as commercial breeders punishes the people who dedicate their time, knowledge, and bank accounts to producing quality cats. One-size legislation does not fit all!

To find out when the Boulder City Council will consider the ordinance, residents can monitor the council meeting agendas here (https://bcnv.primegov.com/public/portal/) and submit comments online (https://www.bcnv.org/FormCenter/Contact-Forms-3/City-Council-Comment-Form-111).