MARK WAITE / PVT Protesters wave picket signs at the corner of Highways 160 and 372 Aug. 26, protesting efforts to force the closure of the New Leash on Life kennel. Advertisement

TONOPAH -- Nye County Commissioners found the rationale to deny a temporary kennel permit to New Leash on Life Tuesday.

Cheryl Beeman, Nye County interim planning director, couldn't find a zoning or land use violation. But Commissioner Candice Trummell said the kennel owners were supposed to have a conditional use permit to operate a commercial business, in this case a kennel, in a residential neighborhood.

That led Commissioner Joni Eastley, who led the drive to close the kennel, to exclaim, "Ch-ching."

Irate neighbors who complained about the dogs may have notched up a political victory, but it's doubtful Nye County sheriffs deputies will be marching over to New Leash on Life on Nye Road until a justice court bench trial. Interim County Manager Ron Williams said the county commission action will send a message to the justice court, but that trial isn't scheduled until Oct. 27.

The planning department had been asked to investigate land use violations. But hopes for an easy out were dashed when Beeman told the commission: "When I looked at the land use issues of the project New Leash on Life, I found that they are not in violation of their zoning review application. There's no other land use violations that are present on the property."

After members of the public protested, Commissioner Patricia Cox said the zoning ordinance doesn't address animals.

"I'm just concerned if we're denying this, what happens to the 70 animals at that location. They're not breaking any regulation," Cox asked. "Also, staff was supposed to bring back some suggestions on alternative locations for this type of facility."

Eastley responded, "I would definitely say that in this case my responsibility to the public in that area outweighs their right to keep 70 dogs in outdoor cages on that property."

Eastley said the request for a building permit specified only that there would be a garage on the property for residential use. But Williams said it isn't necessary to have a principal structure to register a property as residential.

Williams said a code enforcement officer can cite the owners for a nuisance violation on account of the noise. The property owner would have seven days to correct the problem or request a show cause hearing before the county commission.

"If we send zoning enforcement out there, you're not going to get the action rolling faster than the justice court ruling," Williams said. "If you elect to withhold the temporary permit today, the animals will still be there barking, waiting on the court. That's what I anticipate happening."

But he added, "You're sending a message to the justice court that you don't want that issue on that property."

Beeman told Trummell the zoning ordinance doesn't address the commercial aspect. New Leash on Life operators sell the animals at Pet Smart stores in Las Vegas on weekends. Deputy District Attorney Michelle Huskey said she'd have to research New Leash on Life's status: Is it a non-profit organization or a commercial business?

Eastley said her definition of a kennel is an establishment where pet owners drop off their animals temporarily while they go out of town. But she said animal rescue operations like New Leash on Life aren't addressed in the zoning ordinance, and nothing in the ordinance limits the number of animals a person can have on a given property.

Veterinarian Dr. Suzanne Zervantian said New Leash on Life meets the definition of a kennel, according to ordinances currently on the books. But a new animal ordinance is being written.

Just in case commissioners forgot, nearby property owners made sure their voice was heard over the noise of the barking dogs.

Janie Gonzales, a resident on Ambler Street, said her husband works in Las Vegas.

"He's awakened every (morning) by these animals from 4 to 6. I personally have worked in a shelter, I know what's going on. There's no way these people can contain these dogs from barking," Gonzales said.

She said the dogs start barking when coyotes and other animals roam through the neighborhood. "It's a nuisance; you can't sleep with your windows open, you can't do anything."

Neighbor Pat Repp said she's under the care of a doctor who has issued her sleep medicine. She said, "I can't move, I've been here nine years. Where am I going to move?"

Lily Burns, another Ambler Street resident, mocked statements by Denise Davis, who said her dream was to develop the kennel into an educational center on how to take care of pets.

"My dream is a little simpler. I'd like to be able to sit with my husband and have coffee on our porch in the evenings," she said. "You have an obligation to the community to allow us to be able to enjoy our property."

Joe Burns said he found a state statute that gives commissioners authority to reject the kennel.

He said the kennel owners duped everybody when they applied for a building permit. He criticized Nye County Facilities Manager Bob Jones for inflaming the situation by claiming the closure of the kennel would result in the euthanization of 1,000 dogs in the community.

"This issue is not about euthanizing dogs," Burns said. "There are a number of places that will take those dogs. I would ask you to make an immediate cease and desist order until you make a decision."

Burns didn't get his wish. But the justice of the peace rejected a previous plea agreement in which New Leash on Life owners would have pleaded guilty to a single count of barking dogs and paid a $35 fine.

Commissioners approved temporary kennel permits for four other licensees for 120 days until the county commission can consider a new animal ordinance, which is scheduled for a public hearing Oct. 3.