The Board of Supervisors hereby declares that:

1.

Public places in Carson City are intended generally for the lawful use and peaceful enjoyment of the public.

2.

Certain conduct, including unauthorized sleeping or camping in public places, contradicts such lawful use and peaceful enjoyment and interferes with the ability of a local governmental entity to maintain unimpeded access by first responders for the provision of services, promote local commerce, safeguard vehicular and pedestrian traffic and preserve or enhance neighborhood aesthetics.

3.

It is therefore the intent of this chapter to establish provisions consistent with City objectives in promoting the health, safety and general welfare of the community and to prohibit conduct that is detrimental to the peaceful enjoyment of public places.

(Ord. No. 2025-1, § I, 4-3-2025)

As used in this chapter, unless the context otherwise requires, the words and terms defined in CCMC 8.03.030 to 8.03.070, inclusive, have the meanings ascribed to them in those sections.

(Ord. No. 2025-1, § I, 4-3-2025)

"Authorized official" means any person who is an employee of the City and authorized to enforce the provisions of this Code, including, without limitation, a peace officer or code enforcement official.

(Ord. No. 2025-1, § I, 4-3-2025)

"Camp" or "camping" means the act of setting up or remaining in any campsite.

(Ord. No. 2025-1, § I, 4-3-2025)

"Campsite" means any place where bedding or other materials used for bedding purposes, including, without limitation, a sleeping bag, or any stove or fire or other heating or cooking device is placed, established or maintained, for the purpose of creating a temporary place to sleep, shelter or inhabit. The term includes, without limitation, any place that incorporates the use of a tent, lean-to, shack, vehicle or any portion thereof or any other structure.

(Ord. No. 2025-1, § I, 4-3-2025)

"Dangerous or unsanitary item or object" means any item or object that may be hazardous to the health or safety of a person. The term includes, without limitation, flammable materials, including, without limitation, a propane tank or lighter fluid, materials that are contaminated by vermin, human or animal waste, mold or biological or chemical agents.

(Ord. No. 2025-1, § I, 4-3-2025)

"Personal property" means any item or object that is reasonably recognizable or identifiable as belonging to a person and which, in its current condition, has apparent utility, sentimental or monetary value.

(Ord. No. 2025-1, § I, 4-3-2025)

1.

Except as otherwise specifically authorized by NRS or CCMC, it is unlawful for any person to sit, lie down or sleep on, encumber with any item or object or interfere with or impede access to or from any public place or property, including, without limitation, sidewalks, rights-of-way, alleyways, trails, paths, parks, libraries, schools and recreational and other public facilities or structures, including, without limitation, bridges, overpasses, underpasses, storm drains, benches and bus stops. This subsection shall not be construed to prohibit any conduct or use that is directly incidental to and normally associated with the lawful and intended use of a public place or property.

2.

A person who violates subsection 1:

(a)

Is guilty of a misdemeanor and may be punished in accordance with CCMC 1.08.010.

(b)

May be arrested.

(c)

May be issued a citation and immediately removed by an authorized official.

(Ord. No. 2025-1, § I, 4-3-2025)

1.

Except as otherwise specifically authorized by NRS, CCMC or this section, it is unlawful for any person to camp on or upon any public area, including, without limitation, sidewalks, rights-of-way, alleyways, trails, paths, parks, libraries, schools and recreational and other public facilities or structures, including, without limitation, bridges, overpasses, underpasses, storm drains, benches and bus stops.

2.

The provisions of subsection 1 may be stayed or modified by:

(a)

A declaration of an emergency or disaster that is made pursuant to CCMC 6.02.030;

(b)

A resolution of the Board of the Supervisors for any special circumstance;

(c)

A special event permit that is issued pursuant to chapter 4.04 of CCMC; or

(d)

Approval of the City Manager for a temporary event that is organized and conducted by the City.

3.

A person who violates subsection 1:

(a)

Is guilty of a misdemeanor and may be punished in accordance with CCMC 1.08.010.

(b)

May be arrested.

(c)

May be issued a citation and immediately removed by an authorized official.

(Ord. No. 2025-1, § I, 4-3-2025)

1.

Any campsite that is found to be in violation of this chapter may be removed. Except as otherwise provided in subsection 3, if a campsite:

(a)

Is occupied at the time it is discovered by an authorized official, the authorized official must give the person occupying the campsite a reasonable period but in any event not less than 1 hour to vacate the campsite and remove all of his or her personal property. If the person does not remove his or her personal property within the time prescribed, the personal property shall be deemed abandoned and the authorized official may cause the property to be removed and disposed of in any manner reasonable and customary for the disposal of such property.

(b)

Is unoccupied at the time it is discovered by an authorized official, the authorized official must secure at the campsite a written notice informing any occupant that the campsite must be vacated and all personal property removed. The notice must be posted in a conspicuous area of the campsite for not less than 24 hours. Before expiration of the 24 hours, the authorized official must communicate to an appropriate local agency which provides social services to homeless or unsheltered persons the location of the campsite and of the fact that a notice has been posted at the campsite in accordance with this section. If, after expiration of the 24 hours, the campsite remains unoccupied and personal property has not been removed as directed by the notice, the authorized official must post an inventory form in a conspicuous area of the campsite for not less than 48 hours and cause the personal property to be processed in accordance with CCMC 8.03.110.

2.

The minimum period of time described in paragraph (a) of subsection 1 to vacate a campsite and remove personal property is not required to be given in the event of a second or subsequent offense by a person who commits the offense in the same location.

3.

The notice required by paragraph (b) of subsection 1 must include, at a minimum:

(a)

The date and time the notice was issued.

(b)

The date and time by which the removal of personal property by the City may occur.

(c)

The name, address and telephone number for an appropriate local agency which provides social services to homeless or unsheltered persons.

(d)

A summary of the property disposition process set forth in CCMC 8.03.110.

(e)

A citation to this chapter of CCMC.

4.

The inventory form required by paragraph (b) of subsection 1 must include, at a minimum:

(a)

The date and time the personal property was removed.

(b)

A clear description of each item of personal property that was removed.

(c)

A clear description of any dangerous or unsanitary item or object that was destroyed or otherwise disposed of.

(d)

A summary of the property disposition process set forth in CCMC 8.03.110.

(e)

A citation to this chapter of CCMC.

(f)

The address and telephone number for the City department from which the removed personal property may be retrieved.

(Ord. No. 2025-1, § I, 4-3-2025)

1.

Any personal property that is removed from a campsite pursuant to paragraph (b) of subsection 1 of CCMC 8.03.100 must be inventoried and stored by the City for a period of not less than 30 days from the date the personal property was removed. Except as otherwise provided in this section, personal property that is stored by the City must be released to a person who can reasonably demonstrate ownership of the property before the expiration of the period described in this subsection. If any personal property remains unclaimed or unreleased by the expiration of the period, the property shall be deemed abandoned and may be disposed of in any manner reasonable and customary for the disposal of such property.

2.

Any personal property that is suspected to be stolen, used as an illegal weapon or drug paraphernalia, or which may be introduced as evidence to prove the commission of a crime, may be seized and retained by the Sheriff's Office for any period authorized by law.

3.

This section shall not be construed to require the City to store or maintain any item or object that is unreasonably large or any more than 1 item or object of the same or substantially similar type of bulky personal property, including, without limitation, multiple bicycles, tents and carts, that is removed from an individual campsite.

4.

This section does not apply to any dangerous or unsanitary item or object and an authorized official may cause any such item or object to be immediately destroyed.

(Ord. No. 2025-1, § I, 4-3-2025)

It is unlawful for any person to maliciously and willfully disturb the peace and quiet of any person, family or neighborhood by loud, violent or offensive language, or by boisterous, tumultuous or offensive conduct, or by threatening, traducing, quarreling or offering or challenging to fight, in any manner whatsoever.

(Amended by Ord. 1989-32 § 1, 1989; Ord. No. 2025-1, § II, 4-3-2025)

1.

A person is guilty of harassment if:

a.

Without lawful authority, the person knowingly threatens:

(1)

To cause bodily injury in the future to the person threatened or to any other person;

(2)

To cause physical damage to the property of another person;

(3)

To subject the person threatened or any other person to physical confinement or restraint; or

(4)

To do any act which is intended to substantially harm the person threatened or any other person with respect to his physical or mental health or safety; and

b.

The person by words or conduct places the person receiving the threat in reasonable fear that the threat will be carried out.

2.

A person who is guilty of harassment:

a.

For the first offense, is guilty of a misdemeanor;

b.

For the second or any subsequent offense, is guilty of a gross misdemeanor, and shall be punished as provided by Nevada Revised Statutes.

3.

The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.

4.

Harassment shall be deemed to have been committed where the conduct occurred or at the place from which the threat was made or at the place where the threat was received.

5.

If a defendant charged with a crime involving harassment is released from custody before trial or is found guilty at the trial, the court may issue an order or provide as a condition of the release or sentence that the defendant:

a.

Stay away from the home, school, business or place of employment of the victim of the alleged offense and any other location specifically named by the court;

b.

Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged offense and any other person, including a member of the family or the household of the victim, specifically named by the court.

6.

Any person who intentionally violates a court order issued pursuant to subsection 5 shall be punished as provided by Nevada Revised Statutes.

(Amended by Ord. 1989-32 § 2, 1989).

1.

Any person who willfully makes a telephone call and addresses any obscene language, representation or suggestion to or about any person receiving such call or addresses to such other person any threat to inflict injury to the person or property of the person addressed or any member of his family is guilty of a misdemeanor.

2.

Every person who makes a telephone call with intent to annoy another is, whether or not conversation ensues from making the telephone call, guilty of a misdemeanor.

3.

Any violation of subsections 1 and 2 is committed at the place at which the telephone call or calls were made and at the place where the telephone call or calls were received and may be prosecuted at either place.

(Amended by Ord. 1989-32 § 3, 1989).

1.

It is unlawful for a person in any place open to the public or exposed to public view to:

(a)

Wantonly expose his or her person;

(b)

Conduct himself or herself in a lewd, licentious or indecent manner; or

(c)

Urinate or defecate. This paragraph does not apply to a person who urinates or defecates in a public restroom or other public facility designed for the sanitary disposal of human waste.

2.

A person who violates this section is guilty of a misdemeanor.

(Ord. 1989 § 4, 1989: Ord. 1982-12 § 1, 1982).

(Ord. No. 2021-12, § I, 10-7-2021)

1.

As used in this section, "assault" means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another, or intentionally placing another person in reasonable apprehension of immediate bodily harm. It does not include assault made with use of a deadly weapon or the present ability to use a deadly weapon or assault with intent to kill, commit sexual assault, mayhem, robbery, or grand larceny.

2.

Any person convicted of an assault, as defined in subsection 1, is guilty of a misdemeanor and shall be punished as provided in CCMC 1.08.010.

(Ord. 1982-36 § 1, 1982).

(Ord. No. 2012-16, § II, 9-20-2012)

1.

As used in this section, "battery" means any willful and unlawful use of force or violence upon the person of another; however, it does not include battery committed by an adult upon a person less than eighteen years of age, battery committed with a deadly weapon, battery causing substantial bodily harm, battery upon an officer, battery committed by a prisoner who is in lawful custody or confinement, or battery with intent to kill, commit sexual assault, mayhem, robbery or grand larceny.

2.

Any person convicted of battery, as defined in subsection 1, is guilty of a misdemeanor and shall be punished as provided in CCMC 1.08.010.

(Ord. 1982-36 § 2, 1982).

1.

Any person who, under circumstances not amounting to a burglary:

a.

Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or

b.

Wilfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.

2.

A sufficient warning against trespassing, within the meaning of this section, is given by either of the following methods:

a.

Painting, at intervals of not more than two hundred feet on each side of the land, upon or near the boundary, a post, structure or natural object with not less than fifty square inches of fluorescent orange paint or, if the post is a metal fence post, painting the entire post with such paint.

b.

Fencing the area.

3.

It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

4.

An entryman on land under the laws of the United States is an owner within the meaning of this section.

5.

As used in this section, "occupant" includes any person having an existing possessory interest in the premises, or an employee or agent of the owner.

6.

As used in this section, "fence" means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence.

(Ord. 1999-4 § 1, 1999: Ord. 1989-32 § 5, 1989: Ord. 1982-35 § 1, 1982).

It is unlawful for any person to make in any place, or suffer to be made upon his or her premises, within his or her control, any noise, disorder or tumult, to the disturbance of the public peace.

(Amended by Ord. 1989-32 § 6, 1989).

1.

It shall be unlawful for any person to willfully or maliciously destroy or injure any real or person property of another.

2.

Any person who commits an act or offense resulting in the destruction or injury of real or personal property of another, where the damage is greater than twenty-five dollars ($25.00), but less than two hundred fifty dollars ($250.00), shall, upon conviction, be guilty of a misdemeanor, and be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the city jail for a term not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. 1988-22 § 1, 1988).

1.

It is unlawful for any person to hinder, obstruct, resist, delay, molest or threaten to hinder, obstruct, resist, delay or molest any city officer or member of the sheriff's office or fire department of Carson City in the discharge of his official duties.

2.

It is unlawful for any person to attempt to prevent any member of the sheriff's office of Carson City from arresting any person, or the attempt to rescue from such member of the sheriff's office or from someone called to his aid, any person in his custody.

1.

It is unlawful for any person to park, pass or stop any vehicle, motor vehicle or animal upon or along any public highway, alley, park or parkway within a radius of one block of any fire, fire hydrant or fire apparatus when the same is in use for the purpose of controlling a fire.

2.

It is unlawful for any persons to congregate within a radius of one block of any fire.

3.

Nothing in this section shall be construed to prohibit any person within any prescribed radius of one block from passing to or from his home or place of business or employment if he does not interfere with any fire engine, hose or apparatus, or with any firemen who may be on duty at a fire.

It is unlawful for any person to tamper, interfere with or damage any fire apparatus, fire engine, fire hose or anything pertaining thereto.

It is unlawful for any person willfully and maliciously to tamper with, molest, injure or break any public fire alarm apparatus, wire or signal.

It is unlawful for two or more persons, assembled and acting together, to make any attempt or advance toward the commission of an act which would be a riot if committed.

It is unlawful for two or more persons to do any unlawful act of violence either with or without a common cause of quarrel, or do a lawful act in a violent, tumultuous and illegal manner.

It is unlawful, anywhere in Carson City, for any person:

1.

To commit prostitution, or to offer to secure another for the purpose of prostitution, or for other lewd or indecent act or to induce, entice or procure a person who is in any thoroughfare or public or private place, to commit any such acts, or who, in any way, aids or abets or participates in the doing of any of the acts enumerated in this section;

2.

To keep, set up, maintain, or operate, lease or rent, any place, structure, building or conveyance for the purpose of prostitution;

3.

To occupy any place, structure, building or conveyance for the purpose of prostitution, or for any person to permit any place, structure, building or conveyance owned by him or under his control to be used for the purpose of prostitution, with the knowledge or reasonable cause to know that the same is, or is to be used for such purpose; or for any person to lease or rent to another person any place, structure, building or room for the purpose of prostitution;

4.

To receive or to offer or agree to receive any person into any place, structure, building or conveyance for the purpose of prostitution; or to permit any person to remain there for such purpose;

5.

To transport or direct any other person to any place within Carson City, when the announced purpose of such person is to be transported or directed to any such place for the purpose of prostitution, or to offer or agree so to transport or direct any such other person;

6.

To advertise or publicly solicit in Carson City the availability of transportation from Carson City to some other place for the express or obvious purpose of prostitution even if such activities are not prohibited in such other place.

(Ord. 1980-5 § 1 (part), 1980).

1.

In prosecutions under Section 8.04.110, common fame or reputation shall be competent evidence to prove that the house or place mentioned in the complaint is a house of prostitution. Any house or place used or occupied for the purpose of prostitution, or where prostitution is practiced or carried on, is taken and deemed to be a house of prostitution; it shall not be necessary in a prosecution in which defendant is charged with being a prostitute, to prove an overt act or sexual intercourse against said defendant.

2.

In the trial of any person charged with a violation of Section 8.04.110, testimony of a prior conviction, or testimony concerning the reputation of any place, structure, or building or of the person or persons who reside in or frequent the same, or of the defendant, shall be admissible in evidence in support of the charge.

(Ord. 1980-5 § 1 (part), 1980).

1.

Definitions:

a.

"Check" means any check, draft or other negotiable instrument of any kind.

b.

"Control" means to act so as to prevent a person from using his own property except on the actor's terms.

c.

"Deprive" means to withhold a property interest of another person permanently or for so long a time that a substantial portion of its value, usefulness or enjoyment is lost, or to withhold it with the intent to restore it only upon the payment of a reward or other compensation, or to transfer or dispose of it so that is unlikely to be recovered.

d.

"Draw" means making, drawing, uttering, preparing, writing or delivering a check.

e.

"Issue" means to deliver or cause to be delivered a check to a person who by that delivery acquires a right against the drawer of the check. A person who draws a check with intent that it be so delivered shall be deemed to have issued it if the delivery occurs.

f.

"Obtain" means to bring about or receive the transfer of any interest in property, or to secure performance of a service.

g.

"Property of another person" means property in which any person other than the defendant has an interest which the defendant is not privileged to infringe, including property in which the defendant also has an interest, notwithstanding that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in the possession of the defendant in which another person has only a security interest shall be deemed not to be the property of that other person, even if that person holds legal title to the property pursuant to a security agreement.

h.

"Services" includes labor, professional services, transportation, cable television, telephone, gas or electricity services, accommodations in hotels, restaurants, leased premises or elsewhere, admissions to exhibitions and the use of vehicles or other movable property.

i.

"Transfer" means to change the possession or control of property.

j.

"Value" means the fair market value of the property or services at the time of the theft. The value of a written instrument which does not have a readily ascertainable market value is the greater of the face amount of the instrument of the instrument less the portion satisfied or the amount of economic loss to the owner of the instrument resulting from the deprivation of the instrument. The trier of fact shall determine the value of all other property whose value is not readily ascertainable, and may, in making the determination, consider all relevant evidence, including evidence of the value of the property to its owner.

2.

Theft offenses: A person commits theft if, without lawful authority, he knowingly:

a.

Controls any property of another person with the intent to deprive that person of the property;

b.

Converts, makes an unauthorized transfer of an interest in, or without authorization controls any property of another person, or uses the services or property of another person, entrusted to him or placed in his possession for a limited, authorized period of determined or prescribed duration or for a limited use;

c.

Obtains real or personal property or the services of another person by a material misrepresentation with intent to deprive that person of the property or services. As used in this subsection, "material misrepresentation" means the use of any pretense, or the making of any promise, representation or statement of present, past or future fact which is fraudulent and which, when used or made, is instrumental in causing the wrongful control or transfer of property or services. The pretense may be verbal or it may be a physical act;

d.

Comes into control of lost, mislaid or misdelivered property of another person under circumstances providing means of inquiry as to the true owner and appropriates that property to his own use or that of another person without reasonable efforts to notify the true owner;

e.

Controls property of another person knowing or having reason to know that the property was stolen;

f.

Obtains services which he knows are available only for compensation without paying or agreeing to pay compensation or diverts the services of another person to his own benefit or that of another person without lawful authority to do so;

g.

Takes, destroys, conceals or disposes of property in which another person has a security interest, with intent to defraud that person;

h.

Commits any act that is declared to be theft by a specific statute; or

i.

Draws or passes a check, and in exchange obtains property or services, if he knows that the check will not be paid when presented.

3.

Conduct denominated theft in subsections 1 or 2 of this section constitutes a single offense embracing the separate offenses commonly known as larceny, receiving or possessing stolen property, embezzlement, obtaining property by false pretenses, issuing a check without sufficient money or credit, and other similar offenses.

A criminal charge of theft may be supported by evidence that an act was committed in any manner that constitutes theft pursuant to subsections 1 and 2 of this section, notwithstanding the specification of a different manner in the criminal complaint, subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief if it determines that, in a specific case, strict application of the provisions of this section would result in prejudice to the defense by lack of fair notice or by surprise.

4.

The amount involved in a theft shall be deemed to be the highest value, by any reasonable standard, of the property or services which are obtained. Amounts involved in thefts committed pursuant to a scheme or continuing course of conduct, whether from one (1) or more persons, may be aggregated in determining the grade of the offense.

5.

Unless a greater penalty is imposed by a specific statute, for the violation of any provision of subsections 1 and 2 of this section, if the value of the property or services obtained was less than six hundred fifty dollars ($650.00), the person who committed the theft shall be punished by imprisonment in the county jail for not more than six (6) months, or by a fine of not more than one thousand dollars ($1,000.00), or by both fine and imprisonment.

6.

In addition to any other penalty, the court shall order the person who committed the theft to pay restitution.

(Ord. 1989-32 § 7, 1989: Ord. 1982-27 § 1 (part), 1982).

(Ord. No. 2012-17, § I, 10-4-2012)

1.

It is unlawful for any person:

(a)

To obtain food, lodging, merchandise or other accommodations at any hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished auto camp, eating house, restaurant, grocery store, market or dairy, without paying therefor, with intent to cheat or defraud the proprietor or manager thereof;

(b)

To obtain credit at a hotel, inn, trailer park, motor court, boardinghouse, roominghouse, lodginghouse, furnished apartment house, furnished bungalow court, furnished auto camp, eating house, restaurant, grocery store, market or dairy by the use of any false pretense; or

(c)

After obtaining credit, food, lodging, merchandise or other accommodations at a hotel, inn, trailer park, motor court, boardinghouse, roominghouse, lodginghouse, furnished apartment house, furnished bungalow court, furnished auto camp, eating house, restaurant, grocery store, market or dairy, to abscond or surreptitiously, or by force, menace or threats, to remove any part of his baggage therefrom, without paying for his food or accommodations;

(d)

To obtain transportation from any location to any place within Carson City in a taxicab or other licensed public conveyance, without paying therefor, with intent to cheat or defraud the owner or driver thereof.

2.

Any person who violates any of the provisions of subsection 1, where the total value of the credit, food, lodging, merchandise, transportation or other accommodations received from any one (1) proprietor or operator is less than six hundred fifty dollars ($650.00) or the dollar amount set forth in NRS 205.445, is guilty of a misdemeanor and shall be punished as provided in CCMC 1.08.010.

3.

Proof that credit, food, lodging, merchandise, transportation or other accommodations were obtained by false pretense, or by false or fictitious show or pretense of any baggage or other property, or that the person refused or wilfully neglected to pay for such credit, food, lodging, merchandise, transportation or other accommodations, or that he gave in payment for such credit, food, lodging, merchandise, transportation or other accommodations negotiable paper on which payment was refused, or that he absconded without paying or offering to pay for such credit, food, lodging, merchandise, transportation or other accommodations, or that he surreptitiously removed or attempted to remove his baggage, shall be prima facie evidence of the fraudulent intent mentioned in this section.

4.

This section does not apply where there has been an agreement in writing for delay in payment for a period to exceed ten (10) days.

(Ord. 1989-32 § 8, 1989: Ord. 1982-27 § 1 (part), 1982).

(Ord. No. 2012-17, § II, 10-4-2012)

1.

Pursuant to the authority established by Section 12.9 of Assembly Bill 341 of the 81st (2021) Session of the Nevada Legislature, it is unlawful for any person to consume cannabis or any cannabis product in a public place. For the purpose of this subsection, a person consumes cannabis or a cannabis product if such a substance is ingested or inhaled.

2.

As used in this section, "cannabis product" has the meaning ascribed to it in NRS 678A.120.

(Ord. No. 2021-11, § II, 8-5-2021)

1.

Any person within the state who possesses, procures, obtains, processes, produces, derives, manufactures, sells, offers for sale, gives away or otherwise furnishes any drug which may not be lawfully introduced into interstate commerce under the Federal Food, Drug and Cosmetic Act is guilty of a misdemeanor and shall be punished as provided in CCMC 1.08.010.

2.

The provisions of this section do not apply:

a.

To physicians licensed to practice in this state who have been authorized by the Food and Drug Administration to possess experimental drugs for the purpose of conducting research to evaluate the effectiveness of such drugs and who maintain complete and accurate records of the use of such drugs and submit clinical reports as required by the Food and Drug Administration.

b.

To any substance which has been licensed by the State Board of Health for manufacture in this state but has not been approved as a drug by the Food and Drug Administration. The exemption granted in this paragraph does not grant authority to transport such a substance out of this state.

(Ord. 1989-32 § 9, 1989).

Any person who uses, or possesses with intent to use, any drug paraphernalia as defined by NRS 453.554 to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance is guilty of a misdemeanor, and shall be punished as provided by CCMC 1.08.010.

(Ord. 1989-32 § 10, 1989).

Except for possession of drug contraband by a prisoner which is still a felony under NRS 212.160, a person convicted of possession of one (1) ounce or less of marijuana:

1.

For the first offense, is guilty of a misdemeanor and shall be:

a.

Punished by a fine not more than six hundred dollars ($600.00); or

b.

Examined by an approved facility for the treatment of abuse of drugs to determine whether he is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that he is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

2.

For the second offense, is guilty of a misdemeanor and shall be:

a.

Punished by a fine of not more than one thousand dollars ($1,000.00); or

b.

Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

3.

For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.

4.

For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

5.

Fines imposed pursuant hereto or pursuant to NRS 453.336 shall be, in a manner determined by the court, evenly allocated among:

a.

Nonprofit programs for the treatment of abuse of alcohol or drugs that are certified by the Health Division of the Nevada State Department of Health and Human Services;

b.

A program of treatment and rehabilitation established by a court pursuant to NRS 453.580, if any; and

c.

Local law enforcement agencies.

(Ord. 2002-14 § 1, 2002).

(Ord. No. 2009-18, § 1, 8-20-2009; Ord. No. 2013-31, § 1, 12-19-2013)

As used in Sections 8.04.128 and 8.04.129, unless the context otherwise requires, a "neglected child," "delinquent child" or "child in need of supervision" means any person less than eighteen (18) years of age:

1.

Who is found begging, receiving or gathering alms, or who is found in any street, road or public place for the purpose of so doing, whether actually begging or doing so under the pretext of selling or offering for sale any article, or of singing or playing on any musical instrument, or of giving any public entertainment or accompanying or being used in aid of any person so doing;

2.

Who has no parent or guardian; or who has no parent or guardian willing to exercise or capable of exercising proper parental control; or who has no parent or guardian actually exercising such proper parental control, and who is in need of such control;

3.

Who is destitute, or who is not provided with the necessities of life by his parents, and who has no other means of obtaining such necessities;

4.

Whose home is an unfit place for him, by reason of neglect, cruelty or depravity of either of his parents, or of his guardians or other person in whose custody or care he is;

5.

Who is found living in any house of ill fame, or with any disreputable person;

6.

Who is found wandering and either has no home, no settled place of abode, no visible means of subsistence or proper guardianship;

7.

Who frequents the company of criminals, vagrants or prostitutes or persons so reputed; or who is in any house of prostitution or assignation;

8.

Who unlawfully visits a saloon where any alcoholic beverages are sold, bartered, exchanged or given away;

9.

Who habitually uses intoxicating liquors or who uses opium, cocaine, morphine, or other similar drug without the direction of a competent physician;

10.

Who persistently or habitually refuses to obey the reasonable and proper orders or directions of his parents, guardian or custodian; or who is beyond the control of such person;

11.

Who is an habitual truant from school;

12.

Who is leading, or from any cause is in danger of leading, an idle, dissolute, lewd or immoral life;

13.

Who writes or uses vile, obscene, profane or indecent language, or is guilty of indecent, immoral or lascivious conduct;

14.

Who violates any law of this state or any ordinance of any town, city, or county of this state defining crime.

Any child who is a runaway, unmanageable or an habitual truant is a child in need of supervision as that term is used in Chapter 62 of NRS, and is not a delinquent child. When the charge against any person under Sections 8.04.128 or 8.04.129, inclusive, concerns the neglect of a child or children, or the problems of a child in need of supervision, the offense, for convenience, may be termed "contributory neglect," and when it concerns the delinquency of a child or children, for convenience it may be termed "contributory delinquency."

(Ord. 1989-32 § 11, 1989).

Any person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of eighteen to become a "neglected child," "child in need of supervision" or "delinquent child," as defined in Section 8.04.128 or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, command or persuasion, induces or endeavors to induce any person under the age of eighteen to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause any such person to become or to remain a person who is a "neglected child," "child in need of supervision" or "delinquent child," as defined in Section 8.04.128, shall be guilty of contributory neglect or contributory delinquency. Contributory neglect or contributory delinquency is a misdemeanor, and shall be punished as provided in CCMC 1.08.010.

(Ord. 1989-32 § 12, 1989).

Any person who commits any of the acts or offenses defined or set out in this chapter shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the city jail for a term not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. 1982-11 § 1, 1982).

The following acts or omissions shall be deemed contempts:

1.

Disorderly, contemptuous or insolent behavior toward the judge while he is holding court, or engaged in his judicial duties at chambers, or toward masters or arbitrators while sitting on a reference or arbitration, or other judicial proceeding.

2.

A breach of the peace, boisterous conduct or violent disturbance in the presence of the court, or in its immediate vicinity, tending to interrupt the due course of the trial or other judicial proceeding.

3.

Disobedience or resistance to any lawful writ, order, rule or process issued by the court or judge at chambers.

4.

Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.

5.

Rescuing any person or property in the custody of an officer by virtue of an order or process of such court or judge at chambers.

6.

Abusing the process or proceeding of the court or falsely pretending to act under the authority of an order or process of the court.

(Ord. 2003-6 § 1, 2003: Ord. 2002-39 § 1, 2002).

1.

If a contempt is committed in the immediate view and presence of the court or judge at chambers, the contempt may be punished summarily. If the court or judge summarily punishes a person for a contempt pursuant to this subsection the court or judge shall enter an order that:

(a)

Recites the facts constituting the contempt in the immediate view and presence of the court or judge;

(b)

Finds the person guilty of the contempt; and

(c)

Prescribes the punishment for the contempt.

2.

If a contempt is not committed in the immediate view and presence of the court or judge at chambers, an affidavit must be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the masters or arbitrators.

3.

Except as otherwise provided in this subsection, if a contempt is not committed in the immediate view and presence of the court, the judge of the court in whose contempt the person is alleged to be shall not preside at the trial of the contempt over the objection of the person. The provisions of this subsection do not apply in:

(a)

Any case where a final judgment or decree of the court is drawn in question and such judgment or decree was entered in such court by a predecessor judge thereof ten (10) years or more preceding the bringing of contempt proceedings for the violation of the judgment or decree.

(Ord. 2003-6 § 2, 2003: Ord. 2002-39 § 2, 2002).

Upon the answer and evidence taken, the court or judge shall determine whether the person proceeded against is guilty of the contempt charged; and if it be found that he is guilty of the contempt, a fine may be imposed on him not exceeding five hundred dollars ($500.00), or he may be imprisoned not exceeding twenty-five (25) days, or both, but no imprisonment shall exceed twenty-five (25) days.

(Ord. 2003-6 § 3, 2003: Ord. 2002-39 § 3, 2002).

This chapter shall be known as the "Nuisance Ordinance of Carson City," and may be cited as such.

(Ord. 2005-18 § 2 (part), 2005).

It is determined and declared as follows:

1.

Carson City has a substantial and legitimate interest in:

a.

Seeing that its community, including, without limitation, property, buildings, lodging and premises within its limits, is kept in a safe and aesthetically pleasing condition;

b.

Keeping or maintaining properties, buildings, lodging or premises consistent with the level of the surrounding properties, to eliminate blight, unsafe conditions, and substantial diminution in the enjoyment, use, aesthetic and property values of the surrounding properties; and

c.

Promoting the maintenance of property, buildings, lodging, structures, and premises in order to enhance the livability, community appearance, and the safe, social and economic conditions of the community.

2.

The maintenance of property, buildings, lodging, structures and premises, in order to enhance the livability, community appearance, safety, social and economic conditions of the community as described herein, reasonably relates to the proper exercise of the police power of the city to protect the health, safety and general welfare of the public.

a.

A violation of the Nuisance Ordinance of Carson City is a misdemeanor under the Carson City Municipal Code.

b.

A party in violation of this chapter will be subject to the provisions set forth in CCMC 8.08.075.

(Ord. 2005-18 § 2 (part), 2005).

(Ord. No. 2017-4, § I, Ord. No. 2017-19, § I, 9-7-2017)

The following definitions will be used in this chapter unless the context otherwise requires:

1.

"Abandoned structure" means any structure:

a.

That has been vacant for a period in excess of six (6) months and is not for sale or lease; or

b.

That has been vacant for any period of time creating an attractive nuisance, a health hazard, an imminent or existing danger or hazard.

2.

"Abandoned vehicle" means any vehicle:

a.

That has been left unattended and dangerously close to a travel lane on a city street, highway or road so as to possibly impede traffic; or

b.

Which has not been moved or used for more than seven (7) consecutive days and reasonably appears to have been deserted. (Reference NRS 487.210)

3.

"Antique old timer vehicle" means any vehicle entitled to be registered with the Nevada Department of Motor Vehicles as an "old timer" as a model manufactured more than 40 years before the date of application for registration. (Reference NRS 482.381)

4.

"Attractive nuisance" means property, buildings or premises which are in such an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.

5.

"Blight" means any condition which substantially impairs the livability or community appearance, or the safe, social or economic conditions of the community.

6.

"Boarded" means secured against entry by apparatus which is visible off the premises and is not both lawful and customary to install on occupied structures.

7.

"Building" means any structure used or intended for supporting or sheltering any use or occupancy. The term includes a residential motel.

8.

"Brush" means shrubs or growth which present or may present a blight, safety or fire hazard.

9.

"City" means Carson City, Nevada.

10.

"Classic rod" means any passenger car or light commercial vehicle entitled to registration with the Nevada Department of Motor Vehicles as a "classic rod" which:

a.

Has a manufacturer's rated carrying capacity of one (1) ton or less; and

b.

Was manufactured not earlier that 1949, but at least twenty (20) years before the date of application for registration. (Reference NRS 482.3814)

11.

"Classic vehicle" means any passenger car or light commercial vehicle entitled to registration with the Nevada Department of Motor Vehicles as a "classic vehicle" which:

a.

Has a manufacturer's rated carrying capacity of one (1) ton or less;

b.

Was manufactured at least twenty-five (25) years before the date of application for registration; and

c.

Contains only the original parts which were used to manufacture the vehicle or replacement parts that duplicate those original parts. (Reference NRS 482.3816)

12.

"Code" means the Carson City Municipal Code.

13.

"Criminal activity" means any activity punishable as a misdemeanor under the Carson City Municipal Code or as a misdemeanor, gross misdemeanor or felony under NRS Title 15.

14.

"Criminal gang" means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:

(a)

Has a common name or identifying symbol;

(b)

Has particular conduct, status and customs indicative of it; and

(c)

Has as one of its common activities engaging in criminal activity punishable as a felony, other than the conduct which constitutes the primary offense. (Reference NRS 193.168)

15.

"Dangerous structure or condition" means a structure or condition that may cause injury to or endanger the health, life, property or safety of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

a.

Does not meet the requirements of a code or regulation adopted pursuant to NRS 244.3675 with respect to minimum levels of health or safety; or

b.

Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the Carson City board of supervisors, the violation of which is designated as a nuisance in the ordinance, rule or regulation. (Reference NRS 268.4122)

16.

"Debris" means substance of little or no apparent economic value, which may be present in a state of apparent unpremeditated disarray.

17.

"Enforcement official" shall have the meaning set forth in Carson City Resolution 2008-R-8. (Reference NRS 171.17751 and NRS 280.125)

18.

"Excavation" means wells, shafts, basements, cesspools, septic tanks, swimming pools, fish ponds, and other like or similar fixtures or structures that are more than six (6) inches in diameter and three (3) feet in depth.

19.

"Facilities/building, service and equipment" means plumbing, piping and/or fixtures that convey or dispose of liquid waste and gas, electric wiring components and/or fixtures, mechanical heating/cooling equipment, duct work and/or fixtures.

20.

"Fences, screen walls and/or retaining walls" mean self standing structures designed to provide semi-privacy, security, or bank retention between grade separations.

21.

"Garbage" means swill, offal, and any accumulation of animal, vegetable or other matter associated with the preparation, handling, consumption, storage or decay of plant and animal matter including meats, fish, fowl, buds, fruits, vegetable or dairy products and the waste wrappers or containers thereof and filthy or odoriferous objects. (Reference CCMC 8.32.10)

22.

"Hazardous waste" means any waste or combination of wastes, including solids, semisolids, liquids or contained gases, which:

a.

Because of its quantity or concentration or its physical, chemical or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or

(2)

Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management.

b.

Is identified as hazardous by the health department as a result of studies undertaken for the purpose of identifying hazardous wastes.

c.

The term includes, among other wastes, toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise. (Reference NRS 459.430)

23.

"Health hazard" means the presence of any item(s) which adversely impact or jeopardize the well being or health of an individual. Such items may be inclusive of human/animal waste, medical or biological waste, sharps, gaseous or combustible materials, radioactive waste, dangerous and/or corrosive chemicals/liquids, flammable and/or explosive materials, friable asbestos, offal and decay matter, and any other condition constituting a health hazard under the Nevada Revised Statutes. In addition, evidence of occupancy without adequate facilities shall be considered a health hazard. Such items constitute an imminent danger.

24.

"Horseless carriage" means any vehicle entitled to registration with the Nevada Department of Motor Vehicles as a "horseless carriage" which is a model manufactured during or before 1915. (Reference NRS 482.380)

25.

"Imminent danger" means the existence of any structure or condition that could reasonably be expected to cause injury or endanger the safety or health of:

a.

The occupants, if any, of the real property on which the structure or condition is located; or

b.

The general public.

26.

"Incipient hazard" means condition of real property that can become an imminent danger or health danger if further deterioration occurs that can cause unreasonable risk or death or severe personal injury.

27.

"Infestation" means the apparent presence of damaging, or unhealthful insects, rodents, or reptiles.

28.

"Junk vehicle" means a vehicle, including component parts which:

a.

Has been ruined, wrecked, dismantled, or rendered inoperative; or

b.

Is unfit for further use in accordance with the original purpose for which it was constructed.

c.

Is not registered with the Nevada Department of Motor Vehicles; and

d.

Has value principally as scrap which does not exceed five hundred dollars ($500.00); or

e.

Any motor vehicle which is inoperative cannot be moved under its own power, or cannot be operated lawfully on a public street or highway due to removal of, damage to, or deterioration of, or inoperative condition of any component part or the lack of an engine, transmission, wheels, tires, doors, windshield or windows or, any other component part necessary for such movement or lawful operation.

29.

"Litter" means rubbish which is non-decaying, decaying or solid and semi-solid wastes, including but not limited to, both combustible and noncombustible wastes, such as paper, trash, cardboard, waste material, tin cans, yard clippings, wood, glass, bedding, or debris, scrap paving material, discarded appliances, discarded furniture, bedding, dry vegetation, weeds, dead trees and branches, overgrown vegetation and trees which may harbor insect or rodent infestations or may become a fire hazard, piles of earth mixed with any of the above or any foreign object, including junk or abandoned vehicles, without regard to value.

30.

"Nuisance" or "nuisance activity" means that which is injurious to health, or injurious, indecent and offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property, or is against the interest of public morals, decency, safety, peace and order, including, but not limited to, an attractive nuisance, a nuisance per se, criminal activity, the presence of debris, litter, graffiti, garbage, rubble, abandoned, unregistered or junk vehicles or junk appliances, curfew violations, violations of building codes, housing codes, or any other codes regulating the health or safety of occupants of real property, excessive noise, the excessive emission of dense smoke and air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases, or any other activity, behavior or conduct defined by the Carson City Board of Supervisors to constitute a public nuisance. (Reference NRS Chapter 40 & 244)

31.

"Lodging" means a building or structure or group of buildings or structures that a person pays to inhabit on a transient or non-transient basis. The term does not include an apartment, condominium or house that is rented as one's dwelling.

32.

"Occupant" means a legal entity that, through the rights of ownership or rental, has the use and enjoyment of the subject real property for residential or commercial purposes.

33.

"Owner" means a legal entity as current or rightful owner(s) as recorded in the official records of the Carson City Recorder's Office.

34.

"Person associated with property" means:

a.

The owner of the property;

b.

The manager or assistant manager of the property;

c.

The tenant of the property; or

d.

A person who, on the occasion of a nuisance activity, has:

(1)

Entered, patronized or visited the property or a person present on the property;

(2)

Attempted to enter, patronize or visit the property or a person present on the property;

(3)

Waited to enter, patronize or visit the property or a person present on the property. (Reference NRS 244.3603)

35.

"Pond/pool" means an in-ground body of water that is at least eighteen (18) inches deep and eight (8) feet or greater in any dimension. Ponds that meet these conditions are subject to the provisions of this chapter.

36.

"Premises" means land and the buildings or structures upon it.

37.

"Property" means any real property, real estate, land, lot, or part of real property, real estate, land or lot.

38.

"Property manager" means a person or legal entity with the authority and with the responsibility to:

a.

Oversee the property and the maintenance of the property; and

b.

Represent the owner's interest.

39.

"Recreational/architectural pool" means a constructed (above-ground) or excavated (below-ground) exterior area designed to contain a regular supply of water.

40.

"Residential motel" means any building that contains six (6) or more guest rooms or efficiency units that are designed, used, rented or occupied for sleeping purposes by guests, and for which those guests remain longer than twenty-eight (28) days. The term does not include a building that is used primarily by transient guests.

41.

"Rubble" means broken fragments resulting from the decay or deconstruction of a building, or miscellaneous mass of broken or apparently worthless materials.

42.

"Street rod" means any passenger car or light commercial vehicle entitled to registration with the Nevada Department of Motor Vehicles as a "street rod" which:

a.

Has a manufacturer's rated carrying capacity of one (1) ton or less; and

b.

Was manufactured not later than 1948. (Reference NRS 482.3812)

43.

"Structure" means that which is built up or constructed, or an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.

44.

"Swimming pool" means an artificial basin, chamber, or tank constructed and used, or designed to be used for swimming, diving, bathing or wading.

45.

"Unauthorized" means without the prior permission of the property owner.

46.

"Unregistered vehicle" means any vehicle or component thereof on which evidence of current registration with the Nevada Department of Motor Vehicles or current registration with a similar agency of another state is not displayed.

47.

"Unsafe building" means as specified in the International Fire Code, as may be amended from time to time, buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which, in relation to existing use, constitute a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment as specified in the Carson City Municipal Code, International Building Code, International Property Maintenance Code, International Fire Code or Nevada Revised Statutes.

48.

"Unsecured structure" means any structure that is vacant and has a damaged or open door, window or other opening which is not secured.

49.

"Vegetation" means plants of any kind.

50.

"Vehicle" means a piece of mechanical equipment intended for the conveyance or temporary housing of persons or personal property or parts thereof, including, but not limited to, automobiles, trucks, boats, campers, camper shells, vans, motor homes, converted buses and similar vehicles.

51.

"Weeds" means a useless and troublesome plant of negligible or no value and usually of uncontrolled growth.

(Ord. 2008-9 § 1, 2008: Ord. 2005-18 § 2 (part), 2005).

(Ord. No. 2010-5, § I, 5-6-2010; Ord. No. 2017-4, § II, 3-16-2017; Ord. No. 2017-19, § II, 9-7-2017)

Editor's note— Ord. No. 2017-4, § III, adopted March 16, 2017, repealed § 8.08.040, which pertained to unlawful acts but overlapped other sections. Section 8.08.040 derived from Ord. 2005-18 § 2 (part), 2005.

No person owning any building, including any part or cellar or basement thereof, shall permit the building to become a dangerous structure or allow the existence of a dangerous condition on or within the building.

(Ord. 2005-18 § 2 (part), 2005).

(Ord. No. 2017-4, § IV, 3-16-2017)

No person owning any property, premises or building, shall fail, refuse or neglect to remove any garbage, debris, litter, or obstruction including, but not limited to, weeds, dry grass, dead trees, vehicles (abandoned, unregistered or junk), asphalt, concrete, junk appliances, rubble, refuse or waste materials of any kind, from the sidewalk or alley abutting such property, premises or building.

(Ord. 2005-18 § 2 (part), 2005).

Any of the following conditions are a nuisance per se and constitute conditions which annoy, injure or endanger the safety, health or welfare of any considerable number of persons:

1.

A dangerous structure or condition;

2.

Unoccupied buildings or unoccupied structures with boarded-up windows or entryways that have been opened and unsecured for more than ten (10) business days;

3.

Buildings or structures in a state of partial un-progressing construction, without a permit, for more than sixty (60) days;

4.

Property, buildings, structures or premises with barricades, fencing, screen walls or retaining walls which are unsound, damaged or in disrepair;

5.

Property, buildings, structures or premises which contain debris, garbage, hazardous waste, a health hazard, an imminent danger, an incipient hazard, infestation, litter, rubble or overgrown vegetation that constitute a blight to an adjoining property, the neighborhood or the city, or a health, safety or fire hazard;

6.

Wells, shafts, basements, cesspools, septic tanks, swimming pools, recreational/architectural pools, ponds and other like or similar excavations if it appears that such excavations are abandoned or not maintained and that create a public health hazard;

7.

Any rubbish, garbage, trash, filth, or other matter that is thrown or caused to be thrown or deposited in any reservoir, ditch or other stream within the city, and which tends to make the waters thereof impure, unwholesome, or offensive;

8.

Any tree which is in a dead or dying condition located anywhere in the city, that may serve as a breeding place for any infectious insects or disease;

9.

Any property whereon any condition or object obscures the visibility of a public street intersection to the public so as to constitute a hazard, including, but not limited to, vegetation, signs, posts or equipment;

10.

A building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043;

11.

Any other condition which, in the judgment of the enforcement official, creates a blight to an adjoining property, the neighborhood or the city, or a health, safety or fire hazard under the conditions set forth in the International Fire Code, International Building Code, International Property Maintenance Code, Carson City Solid Waste Management Code, or any other Carson City Municipal Code or the Nevada Revised Statutes. (Reference NRS 40.140, NRS 202.450);

12.

Refuse, sawdust or other material that is burned in such a manner as to cause or permit fire, sparks, any burning or ignited material, ashes, smoke, soot or cinders to be cast or fall upon any street, alley or any premise of considerable number of persons in such quantity or manner as to injure or endanger the property, lives, health, comfort or repose of said persons;

13.

A burner or incinerator that is maintained or operated in the city, and which emits or throws off fire, sparks, ashes, smoke, sawdust, soot, cinders or any other burning or ignited material in such a manner as to injure or endanger the property or the health, comfort or repose of any considerable number of persons;

14.

A building, premise or place regularly and continuously used by members of a criminal gang to engage in, or facilitate the commission of, criminal activity by the criminal gang. (Reference NRS 40.140, NRS 202.450); or

15.

Any condition or set of conditions set forth in subsections 1. to 14., inclusive, of this section, which exists or is allowed to exist on the premises or property of a residential motel.

(Ord. 2005-18 § 2 (part), 2005).

(Ord. No. 2010-5, § II, 5-6-2010; Ord. No. 2017-4, § V, 3-16-2017; Ord. No. 2017-19, § III, 9-7-2017)

Editor's note— Ord. No. 2017-4, § VI, adopted March 16, 2017, repealed § 8.08.080, which made it unlawful to permit or allow a nuisance but overlapped other sections. Section 8.08.080 derived from Ord. 2005-18 § 2 (part), 2005.

A chronic nuisance exists on property when:

1.

Three (3) or more nuisance activities exist, or have occurred during any 90 day period on the property and have not been abated;

2.

The property has been the subject of a search warrant based on probable cause of continuous or repeated violations of NRS Chapter 453;

3.

A building or place located on the property is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043. (Reference NRS 268.4124)

(Ord. 2005-18 § 2 (part), 2005).

(Ord. No. 2017-4, § VII, 3-16-2017)

1.

Any owner, occupant, or any other person who has charge or control of any property, building, lodging, structure or premises located within the city shall not permit or allow the existence of a dangerous structure or condition, nuisance or nuisance activity, an attractive nuisance, nuisance per se or chronic nuisance as described in this chapter, upon any property, building, lodging, structure or premises that is owned, occupied or controlled by him or her.

2.

Except as otherwise provided in section 8.08 or section 8.09, a person who violates the provisions of this chapter by failing to comply with subsection 1:

a.

Upon conviction shall be guilty of a misdemeanor and shall be punished as provided by CCMC 1.08.010 and NRS 193.150; or

b.

Shall be subjected to the abatement or other enforcement provisions of Chapters 8.08-8.09 of the Code, as applicable.

3.

An enforcement official is authorized and empowered to prepare, sign, and serve a criminal misdemeanor citation for a violation of this chapter. Each and every day for which a violation of this chapter occurs constitutes a separate offense.

4.

If a violation of this chapter does not create an imminent or immediate danger, the code enforcement official may, before pursuing criminal or civil remedies, deliver to any person in violation of this chapter an order to comply with the provision of this chapter, and allow a time period up to thirty (30) days from the issuance of the order to comply.

5.

The provisions of this section do not prohibit the city or its official designees from:

a.

Availing itself of other remedies set forth in state or local law or at common law.

b.

Establishing alternative penalties for violations committed by juveniles.

(Ord. No. 2017-4, § VIII, 3-16-2017; Ord. No. 2017-19, § IV, 9-7-2017)

1.

Notice of violation and declaration of the abatement of a dangerous structure, nuisance or nuisance per se. If, after inspection, the enforcement official determines that a person is in violation of Sections 8.08.050 to 8.08.0808.08.070 of the Code, the city shall notify the owner of record through the issuance of a notice of violation and declaration of a nuisance or a nuisance per se. The notice shall be served in accordance with Chapter 8.09 of the Code, shall advise the owner of record of the existence on his property of a nuisance or a nuisance per se and the date by which he must abate the condition to prevent the matter from being submitted to the District Attorney for legal action.

a.

The notice must include a statement that the owner is afforded an opportunity for a hearing before the designee of the governing body and an appeal of that decision as set forth in Chapter 8.09 of the Code.

b.

The notice must provide that the date specified by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a final decision.

c.

The notice must provide a statement pursuant to Chapter 8.09 of the Code that explains the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

d.

The notice must provide a statement pursuant to Chapter 8.09 of the Code that explains the civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was directed to abate the condition.

e.

The notice must include a notice of intent to record according to the provisions of Sections 8.09.110 to 8.09.130 of the Code.

2.

Abatement by the City. The city enforcement official may direct the city to abate the condition on the property and may recover the amount expended by the city for labor and materials used to abate the condition if:

a.

The owner has not requested a hearing within the time prescribed in Chapter 8.09 of the Code and has failed to abate the condition within the period specified in the order;

b.

After a hearing, in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in Chapter 8.09 of the Code and has failed to abate the condition within the period specified in the order; or

c.

The court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.

3.

Special assessments. In addition to any other reasonable means of recovering money expended by the city to abate the condition, the board of supervisors may make the expense a special assessment against the property upon which the condition is or was located. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment. The provisions of this subsection do not preclude the imposition and collection of any civil penalties or fees that are authorized to be imposed and collected pursuant to this chapter of the Code or Chapter 8.09 of the Code. (Reference NRS 268.4122)

(Ord. 2005-18 § 2 (part), 2005).

(Ord. No. 2017-4, § IX, 3-16-2017)

1.

The District Attorney may, in cooperation with the relevant enforcement official(s) and in accordance with the procedures set forth in this section, file an action in a court of competent jurisdiction to:

a.

Seek the abatement of a chronic nuisance that is located or occurring within the city;

b.

If applicable, seek the closure of the property where the chronic nuisance is located or occurring; and

c.

If applicable, seek penalties against the owner of the property within the city and any other appropriate relief.

2.

Notice of Abatement. If, after inspection, the enforcement official determines that a chronic nuisance exists, the enforcement official shall notify the owner of record through the issuance of a notice of violation and declaration of chronic nuisance. The notice shall be sent by certified mail, return receipt requested, and shall:

a.

Advise the owner of record of the existence on his property of 3 or more nuisance activities and the date by which he must abate the condition to prevent the matter from being submitted to the District Attorney for legal action as described in Chapter 8.09 of the Code.

b.

The notice of violation and declaration of chronic nuisance shall include the provisions set forth in Section 8.09.110 of the Code, including a description of the conditions or activities which constitutes the chronic nuisance. The notice of violation and declaration of chronic nuisance shall also include a notice of an opportunity for a hearing before a court of competent jurisdiction and the procedure therefor.

c.

The date specified in the notice of violation and declaration of chronic nuisance for abatement is tolled for the period during which the owner of record requests a hearing before a court of competent jurisdiction and receives a decision.

d.

The notice must provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

e.

The notice of violation and declaration of chronic nuisance shall include a notice of intent to record according to the provisions of Section 8.09.110 through 8.09.130 of the Code.

3.

Action by the Court. If the court finds that a chronic nuisance exists and action is necessary to avoid threat to the public's health, welfare or safety, the court shall, after affording the owner notice and an opportunity for a hearing, order the city to secure and close the property for a period not to exceed 1 year or until the nuisance is abated, whichever occurs first . If the court finds that emergency action is necessary to protect the public's health, welfare or safety, the court shall ensure that the nuisance is abated by way of summary abatement, in accordance with Sections 8.09.290 and 8.09.300 of the Code. The court may:

a.

Order the owner to pay the city for the cost incurred by the city in abating the condition;

b.

If applicable, except as otherwise provided in Section 8.08.160 of the Code, order the owner to pay reasonable expenses for the relocation of any tenants who are affected by the chronic nuisance; and

c.

Order any other appropriate relief allowed by law.

4.

Special Assessment. In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the chronic nuisance, the board of supervisors may make the expense a special assessment against the property upon which the chronic nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment. (Reference NRS 268.4124)

(Ord. 2005-18 § 2 (part), 2005).

(Ord. No. 2017-4, § X, 3-16-2017)

1.

No person shall keep more than 2 junk and/or unregistered vehicle(s) on any highway, street or other thoroughfare, or upon any public or private property within Carson City, except as stated below:

a.

Junk or unregistered vehicle(s) on private property, contained within a fenced enclosure, contained within a garage or accessory building so as to prevent viewing of vehicle from any property line by persons standing at ground level;

b.

Person engaged in the restoration of 1 or more vehicles entitled to registration as a horseless carriage, antique old timer, street rod, classic rod or classic vehicle as defined in Section 8.08.030 of the Code, respectively;

c.

Persons licensed pursuant to NRS 487.050 or 487.410;

d.

Junk or unregistered vehicles on private property of a licensed dealer, manufacturer, distributor or re-builder of vehicles if properly zoned;

e.

Junk or unregistered vehicles on private property used as farm, ranch, mine or licensed vehicle repair shop.

2.

If the owner of the junk, and/or unregistered vehicle fails to remove the vehicle as designated in a notice of violation or a notice of violation and declaration of chronic nuisance, the enforcement official is authorized to have the junk, and/or unregistered vehicle towed from the place of violation to a designated place. The owner and any secured parties of the junk, and/or unregistered vehicle, as well as the property owner where the junk, and/or unregistered vehicle is improperly located, shall be held liable for cost of removal and/or storage.

3.

No person shall abandon a vehicle, upon any highway, street or other public thoroughfare, or upon any public or private property within Carson City.

4.

Any Carson City sheriff's deputy who has reasonable grounds to believe a vehicle has been abandoned shall attach a notice to the vehicle, in the form of a citation for illegal parking, and if the vehicle has not been removed within 7 days after such notice is attached to the vehicle, the Carson City Sheriff's Department is authorized to remove or have such vehicle removed from any street, highway, public thoroughfare, public or private property, for the purpose of storage or disposition.

(Ord. 2005-18 § 2 (part), 2005).

Editor's note— Ord. No. 2017-19, § V, adopted September 7, 2017, repealed § 8.08.120, which set forth the authority to enforce but overlapped other sections. Section 8.08.120 derived from Ord. 2005-18 § 2 (part), 2005; Ord. No. 2017-4, § XI, 3-16-2017.

The city manager or his authorized designee shall have the authority to make and promulgate reasonable and necessary policies to carry out provisions of this chapter.

(Ord. 2005-18 § 2 (part), 2005).

1.

An enforcement official is authorized to enter upon any property or premises to ascertain if there is compliance with the provisions of this chapter, and to make any investigations, examinations and surveys as may be necessary in the performance of his or her enforcement duties. This may include, but is not limited to, the taking of photographs, samples or other physical evidence. The enforcement official may seek entry upon any property or premises at any reasonable time for the purpose of carrying out the duties of enforcement of this chapter. In the event that the owner or occupant of any property or premises located within Carson City refuses to permit entry to the enforcement official when such entry is sought pursuant to this section, the enforcement official may seek entry through any legal means including, but not limited to, making application to any court of competent jurisdiction for issuance of a warrant. Such sworn application shall identify the property or premises upon which entry is sought and the purpose for which entry is desired. The applicant shall state the facts giving rise to the belief that a condition which is in violation of this chapter exists on such property or premises, or that a violation in fact exists and must be corrected or abated.

2.

The enforcement official may expand the scope of any inspection to include other Code violations noted during inspection.

(Ord. 2005-18 § 2 (part), 2005).

(Ord. No. 2017-4, § XII, 3-16-2017)

Editor's note— Ord. No. 2017-4, § XIII, adopted March 16, 2017, repealed § 8.08.150, which set forth certain violations and penalties but overlapped other sections. Section 8.08.150 derived from Ord. 2005-18 § 2 (part), 2005.

1.

If the enforcement official determines that any building or structure on a premises or a property must be demolished as an unsafe or dangerous building, under the requirements of the International Fire Code, or International Building Code, he or she shall consult with the building official whose approval must first be obtained for such a notice of demolition. If the notice of demolition is issued, the notice shall require that the building be vacated within such time as the enforcement official shall set forth therein, not to exceed 60 days from the date of the notice, and that all required permits be promptly secured and demolition completed within such reasonable time frame as set forth in the notice.

2.

Any person occupying a property, building or premises after the city has posted on the structure, a notice of its hazardous condition, shall not be eligible for relocation assistance or be considered a displaced person. In addition, a person occupying a property, building or premises who has caused a nuisance condition existing therein or thereon shall not be eligible for relocation assistance or be considered a displaced person on account of the existence of that nuisance condition.

(Ord. 2005-18 § 2 (part), 2005).

(Ord. No. 2017-4, § XIV, 3-16-2017; Ord. No. 2017-19, § VI, 9-7-2017)

The authority of the city to enforce the provisions of this chapter is independent of and in addition to the authority of other city officials to enforce other provisions of any other title of this Code.

(Ord. 2005-18 § 2 (part), 2005).

Ten (10) business days after service of the notice of violation, the owner or owners of property on which a nuisance exists shall be jointly and severally liable for any and all reasonable charges incurred by reason of the city being required to respond to the nuisance on the property, if the nuisance has not been abated as required by the notice of violation. When incurred, such charges shall be treated in the same manner and be subject to the same rights of appeal as charges incurred in bringing the property into compliance.

(Ord. 2005-18 § 2 (part), 2005).

(Ord. No. 2017-4, § XV, 3-16-2017)

Editor's note— Ord. No. 2017-4, § XVI, adopted March 16, 2017, repealed § 8.08.190, which stated criminal prosecution was not prevented but overlapped other sections. Section 8.08.190 derived from Ord. 2005-18 § 2 (part), 2005.

1.

The Carson City board of supervisors finds that the enforcement of Chapter 8.08, Nuisances, of the Carson City Municipal Code ("Code") throughout the city is an important public service, and enforcement of the Code is vital to the protection of the public's health, safety and welfare. The board of supervisors finds that a comprehensive Code enforcement system requires a variety of remedies for the effective enforcement of violations of Chapter 8.08 of the Code. The procedures established in this chapter shall be in addition to any civil or any other legal remedy established by law which may be pursued to address violations of Chapter 8.08 of the Code.

2.

The board of supervisors also finds that there is a need to establish uniform procedures for administrative enforcement hearings conducted pursuant to Chapter 8.08 of the Code. It is the purpose and intent of the board of supervisors to establish uniform minimum procedural requirements for administrative enforcement and adjudication procedures for Chapter 8.08 of the Code.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-19, § VII, 9-7-2017)

1.

The operation of Chapter 8.08 or Chapter 8.09 shall in no way change or diminish the effect of other ordinances in the Carson City Municipal Code dealing with like or similar matters.

2.

In any case where a provision of Chapter 8.08 or Chapter 8.09 is found to be in conflict with any other provision of the Carson City Municipal Code, the provision which establishes the higher standard for the promotion and protection of health and safety of the people shall prevail.

3.

It is not intended by Chapter 8.08 or Chapter 8.09 to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon property by covenant, deed, or other private agreement except those specifically repealed by Chapter 8.08 or Chapter 8.09.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XVII, 3-16-2017; Ord. No. 2017-19, § VIII, 9-7-2017)

The enforcement official shall have the authority and powers necessary to determine whether a violation of Chapter 8.08 of the Code exists and the authority to take appropriate action to gain compliance with the provisions of that chapter. These powers include the power to write citations, issue notices of violations and declarations, the power to inspect public and private property and use administrative remedies available under the Code.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-19, § IX, 9-7-2017)

The following words when used in this chapter shall have the meanings respectively ascribed to them:

1.

"Business day" means each day the city is open to conduct business excluding Saturdays, Sundays and holidays designated as legal holidays for the state of Nevada pursuant to NRS 236.015.

2.

"Enforcement official" shall have the meaning set forth in Carson City Resolution 2008-R-8. [Reference NRS 171.17751 and NRS 280.125]

3.

"Owner" means a legal entity listed as current or rightful owner(s) as recorded in the official records of the Carson City recorder's office.

(Ord. 2008-9 § 2, 2008: Ord. 2005-18 § 3 (part), 2005).

An enforcement official has the authority to inspect property or premises as described in Section 8.08.140 of the Code.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XVIII, 3-16-2017)

1.

The Carson City board of supervisors finds there is a need to recover costs incurred by Carson City, in its enforcement or abatement efforts of Chapter 8.08 or Chapter 8.09 of the Code. Costs may include, without limitation, actual costs incurred by the city for the recording of notices, the conducting of title searches, and any other processing, abatement, or enforcement cost incurred by the city that are associated with enforcing the ordinances in Chapters 8.08 and 8.09.

2.

In addition to the remedies described above, the city may assess administrative fees pursuant to the fee schedule established by the Board of Supervisors.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XIX, 3-16-2017; Ord. No. 2017-19, § X, 9-7-2017)

An administrative fee schedule shall be established and revised as necessary by the Carson City board of supervisors to reflect current costs. The administrative fee schedule shall be filed in the Carson City clerk's office.

(Ord. 2005-18 § 3 (part), 2005).

Where the assessment of an administrative fee is authorized under this chapter, the enforcement official shall provide the owner of the property against whom the fee is assessed with a written notice assessing the fee. The written assessment shall contain the following information:

1.

The amount of fee charged;

2.

The case number; and

3.

A deadline by which the administrative fee must be paid. In addition:

a.

An administrative fee may be assessed as part of any enforcement action or actions as provided for in this chapter of the Code;

b.

An action to recover an administrative fee collected pursuant to this chapter shall not be duplicated in any other action to recover the same fee; and

c.

The failure of any owner to receive notice of the assessment of administrative fees shall not affect the validity of any fees imposed under this chapter of the Code.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XX, 3-16-2017)

Collection of the administrative fees may be accomplished through all appropriate legal means, including, but not limited to, referral to the finance department for collection or assessment against the property in the form of a code enforcement lien as set forth in Sections 8.09.310 to 8.09.330 of this chapter of the Code.

(Ord. 2005-18 § 3 (part), 2005).

1.

Unless otherwise specifically provided, whenever a notice is required to be given under Chapter 8.08 or Chapter 8.09 of the Code, the notice shall be served by certified mail, postage prepaid, return receipt requested, or hand delivered. If a notice that is sent by way of certified mail is returned unsigned, then service shall be deemed effective. The failure of any owner to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under Chapter 8.08 or Chapter 8.09 of the Code.

2.

An enforcement official may issue a misdemeanor citation and deliver it to the defendant personally if the defendant signs a written promise to appear for the misdemeanor offense. If personal service is not practicable, the enforcement official, in cooperation with the District Attorney, may request a summons from a court of competent jurisdiction.

3.

A summons to appear in court must be served upon a defendant by delivering a copy to the defendant personally, or by leaving it at the defendant's dwelling house or usual place of abode with some person then residing in the house or abode who is at least 16 years of age and is of suitable discretion, or by mailing it to the defendant's last known address. In the case of a corporation, the summons must be served at least 5 days before the day of appearance fixed in the summons, by delivering a copy to an officer or to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporation's last known address within the State of Nevada or at its principal place of business elsewhere in the United States.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXI, 3-16-2017; Ord. No. 2017-19, § XI, 9-7-2017)

Whenever it is determined that a violation of Chapter 8.08 of the Code exists, the enforcement official may issue a notice of violation to the owner of the property on which the violation exists. The notice of violation shall include the following information:

1.

The name and address of the owner who is in violation. If the notice pertains to events occurring on, or the status or condition of real property, the notice shall contain the address or assessor's parcel number of the property;

2.

A statement from the enforcement official identifying the conditions which violate Chapter 8.08 of the Code and the specific provisions which have been violated;

3.

The amount of the administrative fine the city imposes for the violation;

4.

A statement that the owner may request an administrative hearing within ten (10) business days after the date on which the notice is served;

5.

If applicable, a list of necessary corrections to bring the property into compliance;

6.

If applicable, a deadline or specific date to correct the violations listed in the notice of violation; and

7.

A statement that if the owner fails to timely request an administrative hearing on the notice of violation, the administrative penalty shall be final. The administrative penalty may include applicable administrative fines, and does not exclude the imposition of abatement costs incurred by the city.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXII, 3-16-2017)

The Carson City board of supervisors finds that there is a need to give notice of pending enforcement actions to persons who may subsequently acquire property subject to a violation as a means to ensure the violations will be corrected. An appropriate method to accomplish this is through the issuance and recording of notices of violation.

(Ord. 2005-18 § 3 (part), 2005).

1.

Once an enforcement official has issued a notice of violation to an owner and the property remains in violation after the deadline established in the notice of violation, the enforcement official shall, except as otherwise provided in this subsection, record the notice of violation in the official records of Carson City. If the enforcement official determines that good cause is shown, and an actual threat or imminent danger does not exist, or no longer exists, the enforcement official may allow the owner an additional reasonable period of time to fully correct the violation before recording the notice of violation.

2.

Before recording, an enforcement official shall provide to the owner a notice of intent to record stating that a notice of violation will be recorded if the violation is not corrected within ten (10) business days from the date of the notice of intent to record, unless the owner requests an administrative hearing on recordation in accordance with Section 8.09.150 of the Code.

3.

Any costs associated with recording the notice of violation will be assessed against the property as provided for in Section 8.09.060 to 8.09.090 of this chapter of the Code.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXIII, 3-16-2017)

A copy of the recorded notice of violation shall be served on the owner by certified mail, postage prepaid, return receipt requested or hand delivered.

(Ord. 2005-18 § 3 (part), 2005).

1.

A request for an administrative hearing on the enforcement official's notice of intent to record the notice of violation shall follow the procedures set forth in Sections 8.09.340 to 8.09.460 of this chapter of the Code.

2.

Upon receiving a written request for an administrative hearing, the enforcement official shall schedule a hearing pursuant to the procedures set forth in Section 8.09.400 of the Code. The purpose of the hearing is for the owner to state any reasons why a notice of violation should not be recorded.

3.

The failure of any person to file a request for an administrative hearing in accordance with these provisions shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of violation.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXIV, 3-16-2017)

1.

At the administrative hearing, the hearing officer shall only consider evidence that is consistent with the rules and procedures for administrative hearings set forth in Sections 8.09.340 to 8.09.460 of this chapter of the Code, and that is relevant to the following issues:

a.

Whether the conditions listed in the notice of violation violate the Code; and

b.

Whether the enforcement official afforded the owner due process by adhering to the notification procedures specified in this chapter of the Code.

2.

If the hearing officer affirms the enforcement official's decision, the enforcement official may proceed to record the notice of violation.

3.

If the hearing officer determines that recording the notice of violation is improper, the hearing officer shall invalidate the enforcement official's decision to record the notice of violation.

(Ord. 2005-18 § 3 (part), 2005).

In the event that a notice of violation has been recorded in the official records of Carson City:

1.

When the violation or violations listed on the notice of violation has or have been corrected, as applicable, the owner may file with the enforcement official a written request for a notice of compliance on a form provided by the Carson City clerk.

2.

Once the enforcement official receives a request for a notice of compliance, the enforcement official shall confirm that the violation or violations has or have been corrected or abated, as applicable, which confirmation may include the re-inspection of the relevant property. The enforcement official shall provide a notice of compliance to the owner if the enforcement official determines that:

a.

All violations listed in the recorded notice of violation have been corrected;

b.

All necessary permits have been issued and finalized;

c.

All administrative fines have been paid; and

d.

The party requesting the issuance of the notice of compliance has paid all administrative fees due to the city.

3.

If an enforcement official provides a notice of compliance as described in subsection 2., the enforcement official shall record the notice of compliance or cause the notice of compliance to be recorded in the official records of Carson City. The recording of the notice of compliance shall have the effect of canceling the recorded notice of violation.

4.

If the enforcement official denies a request to issue a notice of compliance, the enforcement official shall serve the owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by certified mail, postage prepaid, return receipt requested or hand delivered.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXV, 3-16-2017)

For properties where a notice of violation has been issued, the city may withhold permits, for repair, construction and/or alteration on the affected property until reviewed and approved by the enforcement official.

(Ord. 2005-18 § 3 (part), 2005).

The city may impose administrative fines for any of the acts or omissions prohibited in Chapter 8.08 of the Code, and as further set forth in this section. Administrative fines shall be imposed, enforced, collected and reviewed in compliance with the provisions of this chapter. Administrative fines may be imposed for any of the following acts or omissions:

1.

Violations of the provisions of Chapter 8.08 of the Code;

2.

Failing to comply with any order issued by a hearing officer; and

3.

Failing to comply with any condition imposed by any permit or environmental documents issued or approved by the city.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXVI, 3-16-2017)

1.

Upon discovering a violation of this chapter of the Code, an enforcement official may issue an administrative citation to an owner in the manner prescribed in this chapter of the Code.

2.

Each and every day a violation of Chapter 8.08 of the Code exists constitutes a separate and distinct offense.

3.

Administrative fines shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the city unless otherwise noted on the citation.

4.

Administrative fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter of the Code.

(Ord. 2005-18 § 3 (part), 2005).

Any administrative citation that is issued shall contain:

1.

The name and address of the owner in violation. If the administrative citation results from events occurring on, the status of, or condition of property, the citation shall also contain the address of the property;

2.

A statement of the provisions of Chapter 8.08 of the Code, which have been violated, and the date and location of the violations;

3.

Where appropriate, the action required to correct the violations, a deadline by which the violations must be corrected, and the consequences of failing to comply;

4.

A statement that each day that the owner does not correct or abate the condition after the date specified in the administrative citation shall constitute a separate violation subjecting the owner to the fines set forth in Section 8.09.220 of this chapter of the Code.

5.

The amount of the administrative fine imposed for the violations;

6.

A statement that the owner in violation may request an administrative hearing on the imposition of the administrative fine within 10 business days of the date the administrative citation is served; and

7.

A statement that if the owner fails to request an administrative hearing on the imposition of the administrative citation, the citation imposing the fine shall be final.

(Ord. 2005-18 § 3 (part), 2005).

1.

If the owner fails to correct the violation, subsequent administrative citations may be issued for the same violations. The amount of the fine shall increase at a rate specified in subsection 2 below.

2.

The fines assessed for each administrative citation issued for the same violations shall be as follows:

3.

Payment of the fine shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.

4.

All fines assessed shall be payable to the city unless otherwise directed on the citation.

5.

For all delinquent unpaid administrative fines, there shall be a penalty imposed in the amount of 10 percent of the administrative fine amount, and an additional 1 percent per month of the total amount of the administrative fine and any penalty thereon for each month during the time that such fine remains unpaid after its delinquency date. The delinquency date for an administrative fine shall be 15 business days following the imposition of the fine, or the administrative determination of the hearing officer, whichever is later.

(Ord. 2005-18 § 3 (part), 2005).

The failure of any person to pay the fines assessed by an administrative citation within the time specified on the citation may result in the enforcement official referring the matter to the treasurer's department or other designated agent of the city for collection. Alternatively, the enforcement official shall pursue any other legal remedy to collect the fines.

(Ord. 2005-18 § 3 (part), 2005).

The Carson City board of supervisors finds that it is necessary to establish appropriate procedures for the administrative and summary abatement of violations of Chapter 8.08 of the Code.

(Ord. 2005-18 § 3 (part), 2005).

Any condition caused, maintained or permitted to exist in violation of any provisions of Chapter 8.08 of the Code may be abated by Carson City pursuant to the procedures set forth herein.

(Ord. 2005-18 § 3 (part), 2005).

Whenever the enforcement official determines that public or private property or any portion of public or private property is in violation of any section of Chapter 8.08 of the Code, a notice to abate may be issued to the owner to abate the violation. The notice to abate shall include the following information:

1.

A description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to specific sections of Chapter 8.08 of the Code violated;

2.

A description of the action required to abate the violation which may include, but is not limited to: corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or occupants or other appropriate action and shall establish time frames by which each action must occur;

3.

A description of consequences should the owner fail to comply with the terms of the notice; and

4.

A statement that the responsible person may request an administrative hearing on the notice to abate in accordance with Sections 8.09.340 to 8.09.460 of this chapter of the Code.

(Ord. 2005-18 § 3 (part), 2005).

A notice to abate shall be served on the responsible person by certified mail, postage prepaid, return receipt requested or hand delivered. The failure of the owner to accept the certified mailing does not affect the validity of any proceedings taken under this Code.

(Ord. 2005-18 § 3 (part), 2005).

Once the enforcement official follows the procedures set forth in Section 8.09.260 of this chapter of the Code and the time for compliance has lapsed without abatement being fully completed by the owner, the conditions may be abated by city personnel or by a private contractor hired by the city for that purpose.

1.

City personnel or a private contractor can enter upon private property in a reasonable manner to abate the conditions as specified in the notice to abate or administrative order.

2.

When the abatement is completed, a report describing the work performed and an itemized accounting of the total abatement costs shall be prepared by the enforcement official. The report shall contain the names and addresses of the owner, the assessor's parcel number and a legal description of the property.

3.

The enforcement official shall schedule a confirmation of costs hearing before a hearing officer pursuant to the procedures set forth in Sections 8.09.400 to 8.09.460 of this chapter of the Code, unless waived in writing by the owner.

4.

All administrative fees and actual costs incurred by the city in abating the violations may be assessed and recovered against the owner pursuant to the provisions set forth in this chapter of the Code.

(Ord. 2005-18 § 3 (part), 2005).

1.

Whenever at least 3 persons who enforce building codes, housing codes, zoning ordinances or local health regulations, or who are members of the Carson City Sheriff's Department or Carson City Fire Department determine in a signed, written statement that a dangerous structure or condition exists which is an imminent danger to the occupants or surrounding neighborhood, the enforcement officials may take action to abate the dangerous structure or condition in accordance with Section 8.09.300 of this chapter of the Code. The owner of the property on which the structure or condition is located must be given a notice of imminent danger that:

a.

If practicable, is hand delivered to the owner of the property; or

b.

If the enforcement officials anticipate that securing the structure or condition will be necessary, must be posted on the property before the structure or condition is secured.

2.

The notice of imminent danger must:

a.

State clearly that the owner of the property may challenge the action by requesting an administrative hearing within one (1) business day after the date on which the notice is served, and must provide a telephone number and address at which the owner may obtain additional information.

b.

Contain the name and address of the owner who is in violation, and the APN number of the property, if applicable.

c.

Include a statement identifying the specific conditions which create the imminent danger, accompanied by references to the relevant sections of the Code that are being violated.

d.

Include a list of corrections that are necessary to bring the property into compliance.

e.

If applicable, set forth a deadline or specific date by which the violations listed in the notice must be corrected.

f.

If applicable, include a statement that the property will be secured, and the date on which it will be secured, if the imminent danger is not fixed.

3.

If securing the structure or condition is necessary, the costs of securing the structure or condition may be made a special assessment against the real property on which the structure or conditions is located any may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

4.

As used in this section, "imminent danger" means the existence of any structure or condition that, if not addressed immediately or with all due rapidity, could reasonably be expected to cause injury or endanger the safety or health of:

a.

The occupants, if any, of the real property on which the structure or condition is located; or

b.

The general public. (Reference NRS 244.3601)

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXVII, 3-16-2017)

1.

Except as otherwise provided in this subsection, the enforcement officials shall pursue only the minimum level of correction or abatement as necessary to eliminate the imminent danger, unless pursuing only the minimum level of correction or abatement would, in the opinion of the enforcement officials, unduly increase the likelihood of the imminent danger arising again in the near future.

2.

If enforcement officials take summary abatement action, the owner of the property on which the summary abatement action is being or will be taken must be afforded procedural protections substantially similar to those set forth in Sections 8.09.340 to 8.09.480, inclusive, of the Code, with the following exceptions:

a.

The time period for requesting an administrative hearing, as set forth in Section 8.09.390 of the Code is reduced from ten (10) business days to one (1) business day.

b.

The notice of the administrative hearing described in Section 8.09.400 is reduced from ten (10) business days to one (1) business day.

c.

The request for a subpoena, as described in Section 8.09.370, must be submitted within the time directed by the hearing officer, rather than five (5) business days before the hearing.

d.

The administrative hearing must be held by the applicable hearing officer as soon as is practicable after the mandatory notice allows.

e.

Any administrative order that is issued as described in Section 8.09.450 of the Code must be issued as soon as is practicable, and must set deadlines for action on the part of the owner which are as short as possible to eliminate the imminent danger before such danger becomes actual.

f.

The time for appeal of an order or decision of a hearing officer, as set forth in Section 8.09.470 of the Code, is reduced from thirty (30) calendar days to ten (10) calendar days. Any motion to stay the hearing officer's order or decision pending the outcome of the appeal must be filed within one (1) calendar day after the issuance of the order or decision of the hearing officer.

g.

The court must hear an appeal as soon as is practicable after an appeal is requested.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXVIII, 3-16-2017)

1.

If an enforcement official determines that an immediate emergency exists, the enforcement official shall take action with all due diligence and haste to abate or terminate that immediate emergency.

2.

To abate or terminate an immediate emergency, an enforcement official may take action as necessary to protect the safety or health of occupants of a structure or of the general public. Such action may include, but is not limited to, securing property, securing the structure, evacuating occupants, making repairs to property and dismantling buildings or structures.

3.

After taking the action necessary to abate or terminate the immediate emergency, the owner of the property on which the action was taken must be afforded post-deprivation process substantially similar to that set forth in subsection 2 of Section 8.09.300 of this code.

4.

It is a rebuttable presumption that an enforcement official acted in good faith in determining the existence of an immediate emergency, and in determining the action necessary to abate or terminate that immediate emergency.

5.

As used in this section, an "immediate emergency" exists when:

(a)

A structure or condition is presently causing actual injury or presently causing actual danger to the safety or health of the occupants of the structure or the general public; and

(b)

Affording the pre-deprivation process prescribed for summary abatements in subsection 2 of Section 8.09.300 of the Code would pose an undue risk to the safety or health of those occupants or of the general public.

(Ord. No. 2017-4, § XXIX, 3-16-2017)

A code enforcement lien may be enforced in the following manner:

1.

By recordation as described in paragraphs (a) to (d), inclusive.

(a)

An enforcement official may record a code enforcement lien in the official records of Carson City to collect all administrative fees, administrative fines, abatement costs and other costs provided for in this chapter and Chapter 8.08 of the Code.

(b)

Before recording a code enforcement lien, an enforcement official shall provide to the owner a notice of intent to record stating that a code enforcement lien will be recorded unless payment of all monies due is paid in full on or before the date required by the Code.

(c)

The recorded code enforcement lien shall include the name of the property owner, the assessor's parcel number, the street address of the parcel, the parcel's legal description, and a copy of the latest amounts due to the city.

(d)

Any costs associated with recording the code enforcement lien or removal thereof may be assessed against the property as provided for in Sections 8.09.060 to 8.09.090 of this chapter of the Code.

2.

By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within two (2) years after the date of recording of the notice of the lien, and accompanied by appropriate notice to other lienholders.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXX, 3-16-2017)

A copy of the recorded code enforcement lien shall be mailed to the owner by certified mail, postage prepaid, return receipt requested or hand delivered.

(Ord. 2005-18 § 3 (part), 2005).

Once payment in full is received for the outstanding administrative fines and fees, or the amount is deemed satisfied pursuant to a subsequent administrative order, the enforcement official shall, within 10 business days from the date payment is made or decision is final, record a notice of satisfaction with the Carson City recorder's office. The notice of satisfaction shall include the same information as provided for in the original code enforcement lien. The notice of satisfaction shall cancel the code enforcement lien.

(Ord. 2005-18 § 3 (part), 2005).

This chapter establishes the procedures for the use of hearing officers and the procedures governing administrative hearings.

(Ord. 2005-18 § 3 (part), 2005).

Any hearing officer presiding at administrative hearings shall be appointed and compensated by the city. The hearing officer shall not be an employee of the city. As determined by the city, the hearing officer must have training in administrative law, or equivalent experience, sufficient to enable the hearing officer to conduct fair and lawful hearings.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXXI, 3-16-2017)

Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law.

(Ord. 2005-18 § 3 (part), 2005).

1.

The hearing officer shall preside over administrative hearings.

2.

The hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.

3.

The hearing officer, upon receipt of a written request which is submitted no later than 5 business days before the hearing, may issue a subpoena for witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees shall be borne by the party requesting the subpoena.

4.

The hearing officer has continuing jurisdiction over the subject matter of an administrative hearing for the purposes of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or where extraordinary circumstances exist, granting a new hearing.

(Ord. 2005-18 § 3 (part), 2005).

It is unlawful for any person to refuse to obey a subpoena issued by a hearing officer. Failure to obey a subpoena constitutes contempt and may be prosecuted as a misdemeanor.

(Ord. 2005-18 § 3 (part), 2005).

1.

Except as otherwise provided in Section 8.09.300 of this chapter of the Code, an owner served with one of the following documents, orders, or notices may file a request for administrative hearing within 10 business days from the service of the notice:

a.

A notice of violation issued pursuant to Chapter 8.08 and Section 8.09.110 of this chapter of the Code.

b.

A notice from the enforcement official indicating an intent to record a notice of violation pursuant to Section 8.09.130 of this chapter of the Code.

c.

An administrative citation issued pursuant to Section 8.09.210 of this chapter.

d.

A notice to abate pursuant to Section 8.09.260 of this chapter of the Code.

e.

A notice of imminent danger, as described in Section 8.09.290 of this chapter of the Code.

2.

Except as otherwise provided in Section 8.09.300 of this chapter of the Code, the request for an administrative hearing shall be made in writing and shall state the grounds for requesting the hearing and be filed with the Carson City Code Enforcement Office, Division of the Carson City Community Development Department on or before 10 business days or as otherwise provided in summary abatement circumstances after service of the notice or citation.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXXII, 3-16-2017; Ord. No. 2017-19, § XII, 9-7-2017)

1.

Where the owner has timely requested an administrative hearing, the hearing officer shall schedule a day, time and place for the hearing.

2.

Except as otherwise provided in Section 8.09.300 of this chapter of the Code, written notice of the time and place of the hearing shall be served at least 10 business days prior to the date of the hearing to the owner.

3.

The notice of hearing shall be served by certified mail, postage prepaid, return receipt requested or hand delivered.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXXIII, 3-16-2017)

1.

Administrative hearings are intended to be informal in nature. The hearing officer is not bound by the technical rules of evidence, and no informality in any proceeding or in the manner of taking testimony will invalidate any decision of the hearing officer. The rules of evidence of courts of the State of Nevada will be generally followed but may be relaxed at the discretion of the hearing officer when deviation from the technical rules of evidence will aid in ascertaining the facts. The rules pertaining to discovery do not apply.

2.

An objection to the admissibility of evidence may be made by any party of record and the objection will be ruled on by the hearing officer. When an objection is made to the admission or exclusion of evidence, the grounds upon which the relief is sought must be stated briefly. The hearing officer, with or without objection, may exclude inadmissible, incompetent, repetitious, or irrelevant evidence. Any evidence offered at the hearing must be material and relevant to the issues of the hearing.

3.

Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.

(Ord. 2005-18 § 3 (part), 2005).

The city bears the burden of proof at an administrative hearing to establish the existence of a violation of Chapter 8.08 of the Code. The standard of proof to be used by the hearing officer in deciding the issues at an administrative hearing is by a preponderance of the evidence.

(Ord. 2005-18 § 3 (part), 2005).

Representation in a contested case is limited to representation in proper persona or by an attorney who is licensed to practice law in the State of Nevada.

(Ord. 2005-18 § 3 (part), 2005).

Any owner who requests a hearing or whose actions are the subject of an administrative hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and all objections to the notice or administrative citation, provided that the hearing was properly noticed.

(Ord. 2005-18 § 3 (part), 2005).

1.

The decision of the hearing officer shall be entitled "administrative order."

2.

Once all evidence and testimony are completed, the hearing officer shall issue an administrative order which affirms, modifies or rejects the enforcement official's action. The administrative order may affirm, modify or reject the daily rate or duration of the administrative fines depending upon the review of the evidence and may increase or decrease the total amount of administrative fines assessed.

3.

The hearing officer may issue an administrative order that requires the owner to cease violating Chapter 8.08 of the Code and to make necessary corrections, repairs, or to complete any other reasonable act requested by the enforcement official, which may be modified by the hearing officer, to bring the property into compliance with Chapter 8.08 of the Code. The hearing officer shall include a specific time frame to complete the requested act.

4.

As part of the administrative order, the hearing officer may establish specific deadlines for the payment of administrative fines, fees and costs and may condition the total or partial assessment of administrative fines on the owner's ability to complete compliance by specified deadlines.

5.

The hearing officer may issue an administrative order which imposes additional administrative fines as set forth in Section 8.09.220 of this chapter of the Code that will continue to be assessed for each day the violation continues until the owner complies with the hearing officer's decision and corrects the violation.

6.

The hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative order.

7.

The administrative order shall become final on the date of service of the order.

8.

The administrative order shall be served on all parties by certified mail, postage prepaid, return receipt requested or hand delivered.

9.

As per Section 8.09.300 of this chapter of the Code, in the case of summary abatement, the actions of the hearing officer described in this section must be taken as expeditiously as possible.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXXIV, 3-16-2017)

Failure to comply with an administrative order constitutes a misdemeanor.

(Ord. 2005-18 § 3 (part), 2005).

Except as otherwise provided in Section 8.09.300 of this chapter of the Code, within 30 calendar days from service of an administrative order or other decision by the hearing officer, any party may appeal the determination of the hearing officer to justice/municipal court, unless appeal to another tribunal is required by law. Any party failing to timely file an appeal to court shall be deemed to have waived any and all objections to the administrative hearing officer's decision. The standard of review for the appeal in justice/municipal court shall be de novo.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXXV, 3-16-2017)

Unless otherwise provided in the court's order, such as in the case of summary abatement as described in Section 8.09.300 of this chapter of the Code, the owner shall complete all actions necessary to bring the property into compliance with Chapter 8.08 of the Code within 30 calendar days of service of the court's decision. The enforcement official may grant or deny a request for additional time to complete acts required for compliance with the Chapter 8.08 of the Code that is made by the owner who is making reasonable progress in the repair, correction or abatement of violations. The request for and the granting or denial of additional time shall be made in writing.

(Ord. 2005-18 § 3 (part), 2005).

(Ord. No. 2017-4, § XXXVI, 3-16-2017)

1.

The District Attorney, or his designee, may file a civil action to seek a temporary or permanent civil injunction against a specific member of a criminal gang or a criminal gang to enjoin criminal activity associated with the criminal gang that is occurring in Carson City.

2.

In addition to seeking a permanent or temporary injunction pursuant to subsection 1, the District Attorney, or his designee, may seek the recovery of money damages, attorney's fees and costs from:

(a)

A member of a criminal gang that is engaging in criminal activities occurring within Carson City; and

(b)

The owner of a building, premise or place located within Carson City that has been found to be a nuisance per se as defined in Section 8.08.070 of the Code because the building, premise or place is regularly and continuously used by members of a criminal gang to engage in, or facilitate the commission of, criminal activity by the criminal gang if the owner of the building, premises or place has actual notice that the building, premise or place is regularly and continuously used by members of a criminal gang to engage in, or facilitate the commission of, criminal activity by the criminal gang.

3.

Any money damages awarded in an action brought pursuant to this section must be:

(a)

Paid by, or collected from:

(1)

Any assets of the criminal gang or its members that were derived from the criminal activity or the criminal gang or its members;

(2)

Any assets of the owner of a building, premise or place that has been found to constitute a nuisance per se; or

(3)

Any combination of the assets described in subparagraphs (1) and (2).

(b)

Deposited into a separate fund in the Carson City treasury, to be used solely for the benefit of the specific community or neighborhood that has been injured by the criminal activity of the criminal gang or the existence of the building, premise or place that constitutes a nuisance per se.

4.

Any member of a criminal gang who is subject to a temporary or permanent injunction granted pursuant to this section and who knowingly and intentionally commits a material violation of the terms of that injunction is guilty of a misdemeanor. If the violation also constitutes a criminal offense under another provision of law, the violation may be prosecuted pursuant to this section, the other provision of law or both.

(Ord. No. 2010-5, § III, 5-6-2010; Ord. No. 2017-4, § XXXVII, 3-16-2017)

The provisions of this chapter apply to all zoning districts and to every parcel of property in Carson City upon passage of this ordinance and codified in this chapter unless indicated otherwise for a particular zoning district. Design standards are contained within this section.

(Ord. 2005-8 § 2 (part), 2005).

The purpose of this chapter is to promote the health, safety and general welfare of the people of, and visitors to, Carson City, by providing minimum standards to assure the safety and general welfare of citizens and visitors relative to the parking, occupation and storage of recreational vehicles and other matters related to recreational vehicle usage.

(Ord. 2005-8 § 2 (part), 2005).

Wherever any provision of this chapter imposes more stringent regulations, requirements or limitations than are required by the provisions of other law or ordinance, the provisions of this chapter shall govern.

(Ord. 2005-8 § 2 (part), 2005).

1.

"Hard surface" means six inches (6″) of decomposed granite or gravel graded and compacted to development standards or two inches (2″) of asphalt or cement concrete.

2.

"Highway" shall have the meaning ascribed to it by CCMC 10.04.250.

3.

"Parked" means short term occupation by a recreational vehicle of a portion of a street for less than seventy-two (72) hours.

4.

"Recreational vehicle" means and includes the following for the purposes of parking such vehicles pursuant to Section 8.10:

a.

"Camping trailer" means a folding, temporary dwelling structure mounted on wheels and designed for travel, recreation or vacation use, which includes its own towing vehicle.

b.

"House trailer" shall have the meaning ascribed to it by CCMC 10.04.270.

c.

"Motor home" means a portable, temporary dwelling designed for travel, recreation or vacation use, which is constructed to be an integral part of a self-propelled vehicle.

d.

"Park trailer model" means a portable temporary dwelling unit containing its own wheels and designed for travel, recreation or vacation use.

e.

"Pick-up coach" means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation or vacation.

f.

"Toy"—"Cargo hauler" means a temporary dwelling, combined recreational vehicle and/or cargo hauler, designed for travel, recreation or vacation use, which may be a self-propelled vehicle or include its own towing vehicle.

g.

"Travel trailer" means a vehicular portable structure, built on a chassis designed to be used as a temporary dwelling for travel, recreation or vacation, and having a body width not exceeding eight and one-half feet (8½') and a body length not exceeding sixty (60) feet, not including its own towing vehicle.

h.

"Utility trailer" or "trailer" means a vehicle, other than a vehicle that is without motor power and is designed for carrying persons, property, equipment, or other items on its own structure, including, but not limited to, flatbed trailers, hauling trailers, and boat trailers.

5.

"Sidewalk" shall have the meaning ascribed to it by CCMC 10.04.560.

6.

"Storage" means long term occupation by a recreational vehicle of a portion of a street for more than seventy-two (72) hours.

(Ord. 2005-8 § 2 (part), 2005).

(Ord. No. 2016-13, § I, 7-21-2016)

A recreational vehicle may be parked on a city street subject to the following restrictions:

1.

Recreational vehicles may not be parked or stored on city streets in any zoning district, except for loading or unloading purposes.

2.

Loading or unloading for the purposes of this section means: the presence of a recreational vehicle will be permitted on city streets in any zoning district for a period up to seventy-two (72) consecutive hours in one occurrence.

3.

Not more than two (2) occurrences of loading or unloading within a thirty (30) day time period will be allowed. The two (2) occurrences in a thirty (30) day time period must not be consecutive to each other.

4.

For the purposes of loading or unloading, a recreational vehicle may not be parked on a city street without the permission of the lawful occupant of the property abutting the street where the recreational vehicle is parked. No part of a parked recreational vehicle may extend past that portion of the street which abuts the property for which permission has been given. No wires, hoses or other conduits may cross sidewalks, public walkways, public right-of-way or the property of another.

(Ord. 2005-8 § 2 (part), 2005).

(Ord. No. 2016-13, § I, 7-21-2016)

A recreational vehicle may be parked on private property subject to the following restrictions:

1.

Only the property owner's personal recreational vehicle(s) can be parked on his private property.

2.

Recreational vehicles may only be parked on a hard surface, front driveway in a residential zone. Recreational vehicles may be parked in side or rear yards in residential zones which may or may not be on hard surfaces.

3.

In residential zones, when recreational vehicles are parked in driveways or side yards adjacent to the front setback, which are within ten feet (10′) of an adjacent neighbor's driveway, recreational vehicles must be set back from the back edge of the curb a minimum of eight feet (8′). In cul-de-sacs, the driveway distances shall be reduced to six feet (6′) of an adjacent neighbor's driveway, and the setback shall be reduced to four feet (4′).

(Ord. 2005-8 § 2 (part), 2005).

Inoperable motorized on non-motorized vehicles may not be left on city streets for more than twenty-four (24) hours.

(Ord. 2005-8 § 2 (part), 2005).

Storage of an unoccupied recreational vehicle is permitted on property legally occupied by the owner of the recreational vehicle or on commercial or industrial land subject to the requirements of Title 18 of this code.

(Ord. 2005-8 § 2 (part), 2005).

Occupied recreational vehicles may be parked in commercial parking lots having twenty-five (25) or more spaces subject to the following conditions:

1.

Recreational vehicles may not be parked overnight in commercial parking lots unless done pursuant to subsection 2 below which deals with parking.

2.

A recreational vehicle may be parked in a commercial parking lot for a period not to exceed seventy-two (72) hours provided that the parking spaces occupied by recreational vehicles meet the requirements of this code for recreational vehicle parking spaces, and said spaces are approved by the city, except that commercial parking lots shall not provide water systems, sewage disposal systems, electrical systems or restroom facilities within the commercial parking lot unless the parking spaces are authorized as recreational vehicle parks.

3.

The minimum setback of a recreational vehicle parked in a commercial parking lot to any public street, right-of-way line or property line shall be fifteen feet (15′).

4.

The minimum distance between recreational vehicles and any building shall be fifteen feet (15′).

5.

The minimum distance between recreational vehicles (front and rear) shall be fifteen feet (15′). The minimum distance between recreational vehicles from side to side shall be ten feet (10′).

6.

A recreational vehicle space in a commercial parking lot shall have a hard surface parking space with a minimum dimension of forty feet (40′) by eighteen feet (18′) designated by striping painted on the surface of the space.

7.

Access to recreational vehicle space must be designed and marked to minimize traffic congestion and hazards on the commercial parking lot or adjacent parking lots, driveways and public streets.

8.

The property owner or lawful occupant of a commercial parking lot which provides spaces for recreational vehicle parking pursuant to this section must provide for the storage, collection and disposal of refuse in containers approved by the city which shall be located not more than one hundred feet (100′) from the most distant recreational vehicle space. Refuse collection areas must be screened from view by fencing and/or landscaping approved by the city. Refuse must be collected at least twice weekly or as necessary, and transported to a proper disposal site in Carson City.

9.

Recreational vehicle spaces in commercial parking lots must comply with all fire department requirements for such spaces.

10.

Owners of commercial property with parking lots of more than twenty-five (25) spaces and who do not offer recreational vehicle parking space as provided by this section, shall post signs stating as follows: No Overnight Truck, Recreational Vehicle Parking or Camping pursuant to CCMC 18.05.030—"Fine $100.00."

11.

Commercial parking lots that allow recreational vehicles to park must have plans as required by this code approved by the city prior to occupancy.

(Ord. 2005-8 § 2 (part), 2005).

Except as otherwise provided in CCMC Chapter 11, no person shall place or cause to be placed any object or vehicle upon any sidewalk or highway which will impede the passage of pedestrians or vehicular traffic.

(Ord. 2005-8 § 2 (part), 2005).

Any person, property owner or owner of any recreational vehicle, tractor trailer, or part thereof, who fails to comply with the provisions of this chapter, or assists or permits another to violate its provisions, shall be guilty of a misdemeanor offense, and, upon conviction, shall be subject to the penalties for such a violation as provided in this code.

(Ord. 2005-8 § 2 (part), 2005).

1.

It is unlawful for any person to fire off or discharge:

a.

Any gun, rifle, pistol or other firearm, with the exception of shotguns, air rifles and B-B guns, within five thousand feet (5,000′) of any dwelling, building or other place of public resort within Carson City;

b.

Any shotgun, air rifle or B-B gun within one thousand feet (1,000′) of any dwelling, building or any other place of public resort within Carson City;

c.

Any gun, pistol, rifle, shotgun, air rifle, B-B gun or other firearm in, on or across any public road or highway;

d.

Any gun, rifle, pistol, shotgun, air rifle or other firearm, without exception, within five thousand feet (5,000′) of the Carson River in the area between Deer Run Road Bridge and the McTarnahan Bridge site;

e.

Any gun, rifle, pistol or other firearm, with the exception of shotguns, air rifles and B-B guns, within five thousand feet (5,000′) of the Carson River in the area between the McTarnahan Bridge site and the Douglas County line; provided, however, that the other limitations of subsections (a) and (b) shall apply to discharge of firearms within this area.

2.

It is unlawful for any person to discharge rifled slugs from a shotgun within five thousand feet (5,000′) of any dwelling, building or other place of public resort within Carson City.

3.

This section does not apply to peace officers or to persons shooting in any regularly established and lawfully authorized and licensed rifle range, gun club or shooting gallery or to any person lawfully discharging a firearm in protection of life or property.

(Ord. 1995-44 § 1, 1995: Ord. 1993-31 § 1, 1993: Ord. 1993-2 § 1, 1993: Ord. 1985-8 § 1, 1985: Ord. 1973-37 (part), 1973).

It is unlawful for any person or persons to play at or to participate in any game of ball, or to toss, bat or throw any ball or other missile in, on or across any street or alley within Carson City.

As used in this chapter:

1.

"Alcoholic beverage" means:

a.

Beer, ale, porter, stout and other similar fermented beverages, including sake and similar products, of any name or description containing one-half (½) of one percent (1%) or more alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefore.

b.

Any beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar, of not less than one-half (½) of one percent (1%) of alcohol by volume.

c.

Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any form, including all dilutions and mixtures thereof from whatever process produced.

2.

"Impaired" or "Impairment" is defined as exhibiting observable signs or symptoms commonly associated with the consumption of alcoholic beverages, including but not limited to, slurred speech, odor of intoxicating liquor, changes in gait, posture or balance, diminution of mental faculties, or positive results of evidentiary tests of blood, breath or urine.

(Ord. 2004-15 § 2, 2004).

1.

Except as provided in subsection 2:

a.

It is unlawful for any person under the age of twenty-one (21) years to consume or have any alcoholic beverage in his custody or possession in Carson City.

b.

It is unlawful for any person under the age of twenty-one (21) years to be in Carson City while impaired by any degree by the use of an alcoholic beverage.

2.

Unlawful possession or consumption does not include:

a.

Possession or reasonable consumption for an established religious purpose;

b.

Possession or reasonable consumption in the presence of the person's parents, spouse or legal guardian who is at least twenty-one (21) years of age or older, when not in a public place;

c.

Possession or consumption in accordance with a prescription issued by a person statutorily authorized to issue prescriptions;

d.

The selling, handling, serving or transporting of alcoholic beverages by a person in the course of his lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages.

3.

Any person who violates any provision of this section is guilty of a misdemeanor and shall be punished as provided in Section 1.08.010 of this code.

(Ord. 2004-15 § 3, 2004).

1.

It is unlawful for any minor under the age of eighteen (18) years whether a pedestrian or traveling by motor vehicle or other conveyance, to loiter, idle, wander, stroll, move about or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or public grounds, public places and public buildings, commercial parking areas, places of amusement and entertainment or vacant lots within Carson City:

a.

For those under the age of fifteen (15) years between the hours of ten p.m. and five a.m.;

b.

For those age fifteen (15) years but less than eighteen (18) years between the hours of midnight and five a.m.

2.

The provisions of this section do not apply to a minor:

a.

Accompanied by his or her parent, guardian or other adult person having care or custody of that minor;

b.

Directed upon an emergency errand by his or her parent, guardian or adult person having care or custody of that minor;

c.

Who is attending or traveling to or from a school, community or private function with approval of his or her parent or guardian or adult person having care or custody; provided, that a responsible adult person is physically present and immediately available to chaperone or supervise that function; or

d.

Who is at his or her own residence or the adjacent common areas of the residence.

3.

Any minor violating this section may be arrested and taken into custody by a law enforcement officer for transportation to the juvenile detention center, or cited and released to a parent or guardian, or taken home to his or her parent, guardian or other adult person having care and custody. Upon disposition the minor may be dealt with as deemed appropriate by the juvenile division of the first judicial district court, including a fine in an amount not to exceed one hundred fifty dollars ($150.00).

(Ord. 1995-53 § 1, 1995: Ord. 1993-29 § 2, 1993: Ord. 1985-46 § 1, 1985: Ord. 1975-18 § I (part), 1975).

1.

Definitions. As used in Chapter 8.20, unless the context otherwise requires:

a.

"Truant" means a minor who is required to attend school according to the provisions of Chapter 392 of NRS and who is absent from school during any part of the day when school is in session in the school district in which the minor resides, unless the minor has a valid excuse acceptable to his or her teacher or the principal of the school.

b.

"Habitual truant" means a minor who shall have been deemed a truant three (3) or more times within the school year. Any child who has once been declared a habitual truant and who in an immediately succeeding year is absent from school without valid excuse may be declared a habitual truant.

2.

It is unlawful for any minor who is truant, habitually truant or officially suspended from his or her school to loiter, wander, stroll, move about or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or public grounds, public places and public buildings, commercial parking areas, places of amusement and entertainment or vacant lots within Carson City, whether a pedestrian or traveling by motor vehicle or other conveyance, during the hours school is in session in the school district in which the minor resides.

3.

The provisions of subsection 2 of this section do not apply to a minor officially suspended from his or her school who is:

a.

Accompanied by his or her parent, guardian or other adult person having care or custody of that minor;

b.

Directed upon a legitimate errand by his or her parent, guardian, employer or other adult person having care or custody of that minor;

c.

Traveling to or from the minor's place of employment; or

d.

Present at his or her own residence or the adjacent common areas of the residence.

4.

Any minor who is officially suspended from school who violates this section may be arrested and taken into custody by a law enforcement officer for transportation to the juvenile detention center, or cited and released to a parent or guardian or taken home to a parent, guardian or other adult person having care and custody of the minor.

5.

Any minor who is truant or habitually truant who violates this section must be taken into custody and dealt with as provided by NRS 392.160.

6.

Upon disposition any minor violating this section may be dealt with as deemed appropriate by the juvenile division of the first judicial district court, subject to the provisions of Chapters 62 and 392 of NRS.

(Ord. 1995-53 § 2, 1995: Ord. 1993-29 § 3, 1993).

1.

It is unlawful for the parent, guardian or other adult person having the care and custody of a minor to allow or permit that minor to violate the provisions of Section 8.20.030 or to allow or permit that minor to become a habitual truant as defined by Section 8.20.035.

2.

Each violation of the provisions of this section constitutes a separate offense.

3.

Whenever any minor is found abroad in violation of Section 8.20.030 or 8.30.035, the responding police officer, school attendance officer or authorized official must:

a.

Attempt to notify a parent, guardian or other adult person having care and custody of the minor of the alleged violation;

b.

Notify an officer or employee of the juvenile probation department of an alleged curfew violation, or in any case where the minor attends or is officially suspended from school in another county; and

c.

Notify the Carson City School District attendance officer or the principal or other school officer at the minor's school of an alleged violation of Section 8.20.035.

4.

Upon being informed of the alleged violation, an authorized officer or employee of the juvenile probation department must deliver or cause to be delivered written notice of the alleged violation to a parent, guardian or other adult person having care and custody of the minor. The juvenile probation department shall keep a written record of the parental notification.

5.

Upon being informed of the alleged violation, an authorized officer or employee of the Carson City School District must deliver or cause to be delivered written notice of the alleged violation to a parent, guardian or other adult person having care and custody of the minor. The school district shall keep a written record of the parental notification.

(Ord. 1993-29 § 4, 1993: Ord. 1975-18 § I (part), 1975).

1.

Any parent, guardian or other adult person having care and custody of a minor who violates Section 8.20.040 within one year after receiving notice of a previous curfew violation by that minor shall upon conviction be punished:

a.

For a first offense, by a fine of not more than one hundred fifty dollars ($150.00);

b.

For a second offense, by a fine of not more than three hundred dollars ($300.00);

c.

For any subsequent offense, for a misdemeanor.

2.

Any parent, guardian or other adult person having care and custody of a minor who violates Section 8.20.040 within one year after receiving notice of habitual truancy by that minor shall upon conviction be punished for a misdemeanor.

3.

The court at sentencing may impose hours of community service in a program administered by the city in lieu of all or part of any fine or imprisonment, or as a condition of a suspended sentence.

(Ord. 1993-29 § 5, 1993: Ord. 1975-18 § I (part), 1975).

1.

It is unlawful for any person to post, stamp, paint, or otherwise affix, or cause the same to be done by another, any notice, bill, placard, poster, or advertisement, to or upon any sidewalk, curbing, hydrant, shade tree, fence enclosure, or place the same on any building, telegraph or telephone, electric railway or electric lighting pole, without first obtaining the permission of the owner, agent or occupant thereof within Carson City.

2.

Thirty (30) days after election the sheriff shall notify any candidate for office in such election to remove any poster, placard or other advertisement posted or otherwise displayed by him or in his behalf. If the removal is not completed within thirty (30) days after such notice the sheriff shall cause such removal and the cost thereof shall be assessed to the candidate.

As used in this chapter, unless the context otherwise requires, the words and terms defined in this section have the meanings ascribed to them.

1.

"Child care facility" means:

(a)

An establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, to five (5) or more children under eighteen (18) years of age, if compensation is received for the care of any of those children; or

(b)

An outdoor youth program as defined in chapter 432A of NRS.

(1)

"Child care facility" does not include:

The home of a natural parent or guardian, foster home as defined in chapter 424 of NRS or maternity home;

A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility; or

A home in which a person provides care for the children of a friend or neighbor for not more than four (4) weeks if the person who provides the care does not regularly engage in that activity.

2.

"Dog handler" means any person who, for compensation, handles, supplies or trains dogs for the protection or safety of persons or property.

3.

"Gaming employee" means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system, the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, sixteen (16) or more slot machines, a race book, sports pool or pari-mutuel wagering including:

(a)

Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

(b)

Boxmen;

(c)

Cashiers;

(d)

Change personnel;

(e)

Counting room personnel;

(f)

Dealers;

(g)

Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;

(h)

Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing;

(i)

Employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming equipment;

(j)

Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

(k)

Employees of operators of inter-casino linked systems;

(l)

Floormen;

(m)

Hosts or other persons empowered to extend credit or complimentary services;

(n)

Keno runners;

(o)

Keno writers;

(p)

Machine mechanics;

(q)

Odds makers and line setters;

(r)

Security personnel employed by gaming licensees;

(s)

Shift or pit bosses;

(t)

Shills;

(u)

Supervisors or managers; and

(v)

Ticket writers.

(1)

"Gaming employee" does not include bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverage.

4.

"Gaming licensee" means any person to whom a valid gaming license, manufacturer's or distributor's license, license for the operation of an off-track parti-mutuel system or license for dissemination of information concerning racing has been issued by the state gaming control board and/or the Nevada Gaming Commission.

5.

"Intern" means a person who is involved in the study of polygraphic examinations and their administration.

6.

"Locksmith" means a person whose occupation consists, in whole or in part, of:

(a)

Making, repairing or adjusting locks; or

(b)

Operating locks by mechanical means other than those intended by the manufacturers of the locks.

7.

"Moral turpitude" means conduct contrary to justice, honesty, modesty, or good morals.

8.

"Pawnbroker" means every person engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits or other secured transactions in personal property.

9.

"Polygraphic examiner" means a person who by virtue of his education, training and experience, is capable of conducting a valid and reliable polygraphic examination.

10.

"Private investigator" means any person who for any consideration engages in business or accepts employment to furnish, or agrees to make or makes any investigation for the purpose of obtaining, information with reference to:

(a)

The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person;

(b)

The location, disposition or recovery of lost or stolen property;

(c)

The cause or responsibility for fires, libels, losses, accidents or damage or injury to persons or to property;

(d)

Securing evidence to be used before any court, board, officer or investigating committee; or

(e)

The prevention, detection and removal of surreptitiously installed devices for eavesdropping or observation.

11.

"Private patrolman" means a person engaged in the business of employing and providing for other persons watchmen, guards, patrolmen, uniformed officers to control traffic, bodyguards or other persons for the purpose of protecting persons or property, including armored transport, to prevent the theft, loss or concealment of property of any kind or to investigate the theft, loss or concealment of property he has been hired to protect.

12.

"Process server" means a person, other than a peace officer of the state of Nevada, who engages in the business of serving legal process within this state.

13.

"Repossessor" means a person who engages in business or accepts employment to locate or recover personal property which has been sold under a conditional sales agreement or which is subject to any other security interest.

14.

"Safe mechanic" means a person whose occupation consists in whole or part of repairing, operating, adjusting or changing combinations on safes or vaults.

15.

"Security consultant" means a person licensed as a private patrolman or private investigator who engages in the business of furnishing advice on the proper methods and equipment for providing security and protection for persons and property.

16.

"Security guard" means a person employed as a watchman, guard, patrolman, security consultant or in any other similar position.

17.

"Taxicab driver" means any person who drives any motor vehicle or conveyance used in the city for the purpose of transporting persons for hire, save and except those persons employed for hire to transfer persons in interstate traffic exclusively, and those persons for hire to operate buses which operate under a city franchise.

18.

"Work permit" means any card, certificate or permit issued by the sheriff, whether denominated as a work permit, work card, registration or otherwise, authorizing the holder to be employed in accordance with the provisions of this chapter.

(Ord. 1997-55 § 1 (part), 1997).

1.

Except as otherwise provided in paragraph 2 of this section, it is unlawful for any of the following persons to perform any work regulated pursuant to the provisions of this chapter unless such person holds a current, valid work permit authorizing his work which is issued by the sheriff:

(a)

Gaming employees;

(b)

Persons employed for more than ten (10) days by a private investigator, private patrolman, process server, repossessor, dog handler, security consultant or polygraphic examiner or intern required by NRS to be licensed by the private investigator's licensing board, including temporary employees, clerical employees, administrative staff and contractual support staff;

(c)

Locksmiths and safe mechanics;

(d)

Taxicab drivers;

(e)

Pawnbrokers and their clerks, agents and employees; and

(f)

Agents and employees of child care facilities licensed by the city health department.

2.

The provisions of this section do not apply to the following persons:

(a)

Gaming licensees;

(b)

Gaming independent agents as defined in Chapter 463 of NRS if they are not residents of this state and have registered with the state gaming control board;

(c)

Persons engaged in the business of private investigator, private patrolman, process server, repossessor, dog handler, security consultant or polygraphic examiner or intern when such persons are licensed by the private investigator's licensing board pursuant to Chapter 684 of NRS;

(d)

Security guards employed by an employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists except for security personnel employed by gaming licensees;

(e)

Maintenance persons, mechanics, lotboys, and other persons employed by a pawnbroker who are not directly involved in the loaning of money;

(f)

Persons engaged in the business of operating taxicabs who hold certificates of public convenience and necessity from the public service commission of Nevada or from the Nevada transportation services authority;

(g)

Persons licensed by the city health department to operate child care facilities;

(h)

Employees of the criminal justice agencies of the state of Nevada or the United States, or of any county or city of the state of Nevada, while they are engaged in the performance of their official duties;

(i)

Special police officers, reserve officers and auxiliary officers appointed by law enforcement agencies of any city, county, or city and county within the state of Nevada while they are engaged in the performance of their official duties;

(j)

Insurance adjusters and their associate adjusters licensed pursuant to the Nevada Insurance Adjusters Law who are not otherwise engaged in the business of private investigators; and

(k)

Repossessors employed exclusively by one employer regularly in connection with the affairs of that employer if a bona fide employer-employee relationship exists.

(Ord. 1997-55 § 1 (part), 1997).

It is unlawful for any gaming licensee, taxicab business owner, pawnbroker, operator of a licensed child care facility, or person licensed by the private investigator's licensing board to allow an employee, including an independent contractor, to perform any work regulated pursuant to the provisions of this chapter unless the employee holds a current, valid work permit authorizing his work which is issued by the sheriff.

(Ord. 1997-55 § 1 (part), 1997).

1.

Any person required by Section 8.28.020 to obtain a work permit before commencing employment must submit to the sheriff a written application for a work permit, on forms furnished by the sheriff, setting forth such information as may be required by the sheriff. Information contained in the application is confidential and may not be released to any person except the applicant's employer, members of criminal justice agencies, the gaming control board or the private investigator's licensing board, and, for the purpose of revocation or appellate proceedings pursuant to Sections 8.28.100 to 8.28.170, inclusive, officials involved in those proceedings.

2.

At the time of making his application, every applicant for a work permit must submit a nonrefundable service charge established by the sheriff to defray the sheriff's expense of issuing the permit and investigating the applicant's background. In addition thereto, every applicant must submit a bank or postal money order in an amount set by the central repository for Nevada records of criminal history and the Federal Bureau of Investigation to process the applicant's fingerprints.

3.

Before issuing the work permit, the sheriff may require the applicant to submit either proof of employment or a hire slip from his employer.

4.

Upon receipt of a completed application, proof of employment or hire slip, the service charge and fingerprint fee, and after receiving assurances from the applicant that he has not been convicted of any of the offenses set forth in Sections 8.28.100 to 8.28.150, inclusive, the sheriff may issue a temporary work permit to the applicant.

5.

A temporary work permit is valid for no more than one hundred eighty (180) days after the day of its issuance.

(Ord. 1997-55 § 1 (part), 1997).

For every applicant, the sheriff may:

1.

Take the fingerprints of each applicant for a work permit and forthwith transmit a copy of such fingerprints to the central repository for Nevada records of criminal history or to the Federal Bureau of Investigation, or to both of those agencies, with the request that all information concerning the criminal history of such person be forthwith transmitted to the sheriff. Any information received from either the central repository for Nevada records of criminal history or the Federal Bureau of Investigation is confidential and may only be accessible to the employer of such persons, to members of criminal justice agencies, to the gaming control board or the private investigator's licensing board, and, for the purpose of revocation or appellate proceedings pursuant to Sections 8.28.100 to 8.28.170, inclusive, to the officials involved in those proceedings.

2.

Take photographs of each applicant for a work permit.

(Ord. 1997-55 § 1 (part), 1997).

1.

Upon receipt of the completed application for the issuance or renewal of a work permit from a gaming employee, the sheriff shall within twenty-four (24) hours mail or deliver a copy of the application to the state gaming control board.

2.

Upon receipt of the completed application for the issuance or renewal of a work permit from a person employed by a private investigator, private patrolman, process server, repossessor, dog handler, security consultant or polygraphic examiner or intern, the sheriff shall within twenty-four (24) hours mail or deliver a copy of the application to the private investigator's licensing board.

3.

If the sheriff has not been notified of any objection within ninety (90) days after receipt of the application by the state gaming control board or the private investigator's licensing board, the sheriff may issue, renew, or deny a work permit to the applicant.

4.

If the state gaming control board or the private investigator's licensing board within the ninety (90) day period notifies the sheriff that the board objects to the granting of a work permit to the applicant, the sheriff shall deny the work permit and shall immediately revoke any temporary work permit which he has issued.

(Ord. 1997-55 § 1 (part), 1997).

1.

A work permit expires:

(a)

Unless renewed within ten (10) days after the permittee's change of employers or place of employment.

(b)

If the holder thereof is not employed as authorized by the work permit for a period of more than ninety (90) consecutive days.

(c)

Except as otherwise provided in subparagraph (d), three (3) years from the date of issuance.

(d)

A work permit issued to a locksmith or safe mechanic expires one (1) year from the date it was obtained and may be renewed.

2.

The holder of a permit must, with ten (10) days, report any change in place of employment to the sheriff.

3.

The holder of a work permit must be fingerprinted at least once every six (6) years after the issuance of the initial work permit. The sheriff shall, to the extent practicable, require fingerprinting pursuant to this section in conjunction with the renewal of the work permit.

4.

The provisions of Section 8.28.040 pertaining to fingerprinting at the time of application for a work permit apply to subsequent fingerprinting made pursuant to this section.

(Ord. 1997-55 § 1 (part), 1997).

1.

A person applying to renew or replace a work permit must pay a nonrefundable service charge to defray the sheriff's expenses of issuing the permit and reinvestigating the applicant's background.

2.

If an applicant applying to renew a work permit must be fingerprinted as required by Section 8.28.070, he must pay additional fees to process the fingerprints as required by Section 8.28.040.

3.

A replacement work permit shall expire on the same date as the work permit it replaces.

(Ord. 1997-55 § 1 (part), 1997).

1.

Except as otherwise provided in paragraph 2 of this section, the sheriff shall not issue a work permit to any person less than eighteen (18) years of age.

2.

Gaming employees must be at least twenty-one (21) years of age to hold a work permit.

(Ord. 1997-55 § 1 (part), 1997).

The sheriff may refuse to issue a temporary work permit or a work permit to a gaming employee and may revoke such permits if the applicant or holder thereof has:

1.

Failed to disclose or misstated information or otherwise attempted to mislead the sheriff with respect to any material fact contained in the application for the issuance or renewal of a work permit;

2.

Knowingly failed to comply with the provisions of Chapters 463, 463B, 464 or 465 of NRS, or the regulations of the Nevada gaming commission at a place of previous employment;

3.

Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny against his employer or any gaming licensee, or any violation of any law pertaining to gaming, or any other crime which is inimical to the declared policy of this state concerning gaming;

4.

Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;

5.

Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;

6.

Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or

7.

Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.

(Ord. 1997-55 § 1 (part), 1997).

The sheriff may refuse to issue a temporary work permit or a work permit to any person employed by a private investigator, private patrolman, process server, repossessor, dog handler, security consultant or polygraphic examiner or intern and may revoke either of such permits if the applicant or holder thereof:

1.

Fails to disclose or misstates information or otherwise attempts to mislead the sheriff with respect to any material fact contained in the application for the issuance or renewal of a work permit;

2.

Is not a citizen of the United States or lawfully entitled to remain and work in the United States;

3.

Is not of good moral character and temperate habits;

4.

Has been convicted of a felony or a crime involving moral turpitude or the illegal use or possession of a dangerous weapon;

5.

Has committed an assault, battery or kidnapping;

6.

Has committed any act during the course of employment constituting dishonesty or fraud; or

7.

Has impersonated a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.

(Ord. 1997-55 § 1 (part), 1997).

The sheriff may refuse to issue a temporary work permit or a work permit to a locksmith or safe mechanic and may revoke such permits if the applicant or holder thereof:

1.

Fails to disclose or misstates information or otherwise attempts to mislead the sheriff with respect to any material fact contained in the application for the issuance or renewal of a work permit;

2.

Has been convicted of a felony or a crime involving moral turpitude; or

3.

Has committed any act during the course of business constituting dishonesty or fraud.

(Ord. 1997-55 § 1 (part), 1997).

The sheriff may refuse to issue a temporary work permit or a work permit to a taxicab driver and may revoke either of such permits if the applicant or holder thereof:

1.

Fails to disclose or misstates information or otherwise attempts to mislead the sheriff with respect to any material fact contained in the application for the issuance or renewal of a work permit;

2.

Has not been a resident of the state for thirty (30) days before his application for a permit;

3.

Cannot read and orally communicate in the English language;

4.

Does not have a valid license issued under NRS 483.325 which authorizes him to drive a taxicab in this state;

5.

Has been convicted of a felony, other than a felony for a sexual offense, in the state of Nevada or any other state, territory or nation within five (5) years before the date of the application, or a felony involving any sexual offense at any time; or

6.

Has been convicted of driving under the influence of intoxicating beverages, dangerous drugs or controlled substances within three (3) years before the date of the application.

(Ord. 1997-55 § 1 (part), 1997).

The sheriff may refuse to issue a temporary work permit or a work permit to any pawnbroker or to any clerk, agent or employee of a pawn broker and may revoke such permits if the applicant or holder thereof:

1.

Fails to disclose or misstates information or otherwise attempts to mislead the sheriff with respect to any material fact contained in the application for the issuance or renewal of a work permit;

2.

Has been convicted of a felony;

3.

Fails to make an entry of any material matter in his book or record kept as provided for in NRS 646.020;

4.

Obliterates, destroys or removes from the place of business the book or record;

5.

Refuses to allow the prosecuting attorney or a peace officer to inspect the book or record or any goods in his possession, during the ordinary hours of business;

6.

Reports a material matter falsely to the sheriff;

7.

Fails to report immediately to the sheriff the possession of property which he has good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date and name of the person from whom he received the property;

8.

Removes property received or allows it to be removed from the place of business, except upon redemption by the owner thereof, within thirty (30) days after the receipt thereof is reported to the sheriff;

9.

Receives property from a person under the age of eighteen (18) years, common drunkard, habitual user of controlled substances, habitual criminal, habitual felon, habitually fraudulent felon, person in an intoxicated condition, known thief or receiver of stolen property, or known associate of a thief or receiver of stolen property, whether the person is acting in his own behalf or as the agent of another; or

10.

Has violated any of the provisions of NRS 646.050.

(Ord. 1997-55 § 1 (part), 1997).

The sheriff may refuse to issue a temporary work permit or a work permit to an agent or employee of a child care facility and may revoke either of such permits if the sheriff has reasonable grounds to believe that the applicant committed one of the following:

1.

Murder, voluntary manslaughter or mayhem or any felony involving the use of a firearm or other deadly weapon;

2.

Assault with intent to kill or to commit sexual assault or mayhem;

3.

Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

4.

Abuse or neglect of a child or contributory delinquency;

5.

A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in Chapter 454 of NRS; or

6.

Has failed to disclose or misstated information or otherwise attempted to mislead the sheriff with respect to any material fact contained in the application for the issuance or renewal of a work permit.

(Ord. 2000-28 § 2, 2000: Ord. 1997-55 § 1 (part), 1997).

1.

If a work permit is denied or revoked by the sheriff or the sheriff refuses to renew the work permit, the applicant or holder thereof shall be notified in writing of the reason or reasons therefor and may appeal that decision in writing to the board of supervisors not later than fifteen (15) days after notice is mailed to the address listed on the application. A failure to appeal the decision of the sheriff within fifteen (15) days constitutes an admission that the decision is well founded and precludes further administrative or judicial review.

2.

When an appeal is filed, the board of supervisors shall conduct a hearing to review the decision made by the sheriff and the reason or reasons therefor. At the hearing, the board shall take any testimony and evidence deemed necessary. After the hearing, the board shall review the testimony and evidence and shall, within sixty (60) days from the date of the hearing, announce its decision sustaining or reversing the decision of the sheriff.

3.

The board of supervisors may delegate the authority to conduct one or more hearings to a hearing officer. If the board does so, the hearing officer shall within thirty (30) days after the date of a hearing submit findings of fact and proposed conclusions and recommendations to the board for its determination.

4.

Any applicant for a work permit aggrieved by the decision of the board of supervisors may seek judicial review of that decision.

(Ord. 1997-55 § 1 (part), 1997).

1.

The sheriff may suspend, limit or condition a work permit when he has reasonable grounds to believe that:

(a)

The holder has committed, attempted or conspired to commit an act set forth in Sections 8.28.100 to 8.28.150, inclusive; or

(b)

Such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare.

2.

The order suspending, limiting or conditioning a work permit must be in writing and must set forth the grounds upon which it is issued, including a statement of facts necessitating such order.

3.

The order suspending, limiting or conditioning a work permit is effective immediately upon issuance and service upon the holder of the permit. The order remains effective until reversed or modified on appeal or final disposition of the case.

4.

The holder of the work permit is entitled to a hearing before the board of supervisors in accordance with the provisions of Section 8.28.160, and to judicial review of the decision of the board.

(Ord. 1997-55 § 1 (part), 1997).

1.

Whenever the sheriff has denied, not renewed, revoked, suspended, limited or conditioned a work permit, he may notify the applicant's or holder's employer of the reason or reasons therefor.

2.

If the sheriff has a reasonable suspicion that the holder of a work permit has committed an act or omission set forth in Sections 8.28.100 to 8.28.150, inclusive, he may notify the current employer of the holder.

(Ord. 1997-55 § 1 (part), 1997).

Every permittee shall have his work permit in his immediate possession at all times while working as provided for herein and shall surrender the work permit for examination, upon demand to a peace officer.

(Ord. 1997-55 § 1 (part), 1997).

All work permits issued prior to the effective date of this code shall remain valid until their date of expiration.

(Ord. 1997-55 § 1 (part), 1997).

The provisions of this chapter do not entitle or authorize the holder of a work permit to carry a concealed weapon. Concealed weapons may be carried only in compliance with the provisions of state law.

(Ord. 1997-55 § 1 (part), 1997).

As used in this chapter:

1.

"Dead animals" means all dead animals or parts thereof, including condemned meats, not intended to be used as foods.

2.

"Dirt" includes loose earth, ashes, manure from barns, stables, corrals and pens, offal from butcher shops and slaughterhouses, and all foul and filthy substances.

3.

"Garbage" includes solid or semisolid kitchen refuse subject to decay or putrefaction, and market waste of animal and vegetable matter which has been or was intended to be used as food for man or animal.

4.

"Rubbish" means old tin and iron cans and containers, old wood and paper boxes, old metal, wire, rope, cordage, bottles, bag and bagging, rubber and rubber tires, paper, and all used or cast-off articles or material, including old plaster, brick, cement, glass, old building material, tree limbs, leaves and yard trimmings.

5.

"Chemicals" include any material that has the characteristics of reactivity, corrosivity, ignitability, or toxicity as defined by 40 CFR, Part 261.

6.

"Petroleum products" include oils, greases, gasolines, diesel, thinners, lacquers and solvents.

7.

"Medical wastes" are:

a.

Cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures.

b.

Pathological wastes, including tissues, organs, and body parts that are removed during surgery or autopsy.

c.

Waste human blood and products of blood, including serum, plasma, and other blood components.

d.

Sharps that have been used in patient care or in medical, research, or industrial laboratories, including hypodermic needles, syringes, pasteur pipettes, broken glass, and scalpel blades.

e.

Contaminated animal carcasses, body parts, and bedding of animals that were exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals.

f.

Wastes from surgery or autopsy that were in contact with infectious agents, including soiled dressings, sponges, drapes, lavage tubes, drainage sets, underpads, and surgical gloves.

g.

Laboratory wastes from medical, pathological, pharmaceutical, or other research, commercial, or industrial laboratories that were in contact with infectious agents, including slides and cover slips, disposable gloves, laboratory coats, and aprons.

h.

Dialysis wastes that were in contact with the blood of patients undergoing hemodialysis, including contaminated disposable equipment and supplies such as tubing, filters, disposable sheets, towels, gloves, aprons, and laboratory coats.

i.

Discarded medical equipment and parts that were in contract with infectious agents.

j.

Biological waste and discarded materials contaminated with blood, excretion, excudates or secretion from human beings or animals who are isolated to protect others from communicable diseases.

(Amended by Ord. 1989-39 § 1, 1989).

The Carson City dump grounds for "dead animals," "dirt," "garbage" and "rubbish" of all kinds is hereby established at and on that certain parcel of land situate within the corporate limits of Carson City off U.S. Highway 50 near the east boundary of Carson City and more particularly described as follows:

The west one-half (W ½) of the southwest quarter (SW ¼) of Section 6, Township 15 North, Range 21 East, M.D.B. & M., excepting therefrom the south three hundred thirty feet; and the east one-half (E ½) of the southeast quarter (SE ¼) of Section 1, Township 15 North, Range 20 East, excepting therefrom the south three hundred thirty feet.

It is unlawful for any person to dump, throw or deposit or cause to be dumped, thrown or deposited any dead animal, dirt, garbage, rubbish, chemicals, petroleum products, or medical wastes in or upon any street, alley, public highway or road in common use or upon any public park or other public property whether the same be owned or controlled by Carson City, the state of Nevada, or the United States Government other than the property designated or set aside for such purposes as a dump ground by the provisions of this chapter, or upon any easement, license or otherwise, or upon the premises or in a receptacle in the possession of any other person.

(Amended by Ord. 1989-39 § 2, 1989).

1.

Every person owning or managing any place of business; public building; multiple dwelling or residence, apartments, and motels grouped together under the management of a single person, shall provide a receptacle sufficient, as determined by the public health sanitarian, for the depositing of all garbage, rubbish and dirt from his premises.

2.

It is unlawful for any person to violate the provisions of subsection 1.

1.

Incidents of defacement of public and private property through the application of graffiti upon walls, signs, streets, sidewalks, trees, rocks, bridges, buildings, fences, gates, other structures, and other real and personal property within Carson City constitute a blight on the community, and are inimical to the health, safety and general welfare of the community.

2.

Such defacement of property is most often committed by persons under the age of eighteen (18) years using aerosol containers of spray paint, broad-tipped indelible markers or paint sticks.

3.

When any such person has a legitimate need for such aerosol containers, markers or paint sticks the same may be furnished by a parent or guardian.

4.

Such aerosol containers, markers or paint sticks are frequently stolen from retail stores by such persons.

5.

The sale of such aerosol containers, markers or paint sticks to such persons should therefore be prohibited, and persons engaged in the retail sale of such aerosol containers and markers should be required to take reasonable steps to prevent the theft of such aerosol containers, markers or paint sticks.

6.

The placement of graffiti often is done in connection with gang activities.

7.

When appropriate, the courts should require those who commit acts of defacement of public or private property through the application of graffiti, to restore the property so defaced, damaged or destroyed.

8.

Obtaining convictions for the application of graffiti is difficult because the offense can be committed so quickly and secretively that witnesses to the act frequently are nonexistent.

9.

The public should be encouraged, through the promise of a reward, to cooperate in the elimination of graffiti by reporting to the proper authorities the incidents of the application of graffiti which the members thereof observe.

(Ord. 1996-53 § 2, 1996).

As used in Sections 8.36.030 through 8.36.050 the following words shall have the meaning ascribed to them as follows:

"Paint stick" means a device containing a solid form of paint, chalk, wax, epoxy, or other similar non-water soluble substance, which is capable of being applied to a surface by pressure, and upon application, can leave a mark of at least one inch (1″) in width.

(Ord. 1996-53 § 3, 1996).

Any person who shall mark, paint or draw upon any wall, sign, rock, street, sidewalk, tree, bridge, building, fence, gate, other structure, or other real or personal property of another without the permission of the owner or operator of such property shall be guilty of a misdemeanor. In the case of public property, the permission referenced herein must be in writing signed by the sheriff or his designee.

(Ord. 1996-53 § 4, 1996).

Any person who sells, offers to sell or causes to be sold any aerosol container of spray paint or paint stick to any person under the age of eighteen (18) years shall be guilty of a misdemeanor.

(Ord. 1996-53 § 5, 1996).

Any person who sells or offers for sale aerosol containers of spray paint or paint sticks shall display such aerosol containers or paint sticks such that they may not be removed from the display without the participation of the person selling such items or his designee. A person or his designee who sells or offers for sale aerosol containers of spray paint or paint sticks in displays which do not conform to this section shall be guilty of a misdemeanor. Such person may, however, display facsimiles of such aerosol containers or paint sticks if they contain no paint, ink or other fluid which is not soluble in water.

(Ord. 1996-53 § 6, 1996).

1.

It is unlawful for any person under the age of eighteen (18) to be in possession of any aerosol container of spray paint or paint stick while in any public street, park, playground, recreational facility or other public place, except upon the grounds of a school in which the minor is enrolled or upon the grounds of a church in which the minor is a member.

2.

There shall be a rebuttable presumption that a person under the age of eighteen (18) who is in possession of an aerosol container of spray paint or paint stick while in any public street, park, playground, recreational facility or other public place (except upon the grounds of a school in which the minor is enrolled or upon the grounds of a church in which the minor is a member) does not have the permission of any parent or guardian.

(Ord. 1996-53 § 7, 1996).

1.

Carson City will pay a reward to any person who provides information which leads to the arrest and conviction of any person who has violated CCMC 8.36.030.

2.

The reward shall be paid to the person who provides such information immediately upon the conviction of the person so arrested.

(Ord. 1996-53 § 8, 1996).

In the event that graffiti is applied to any city property, or property facing or bordering a city street, road or alleyway, the city will be considered to be the victim of graffiti and suffers damage for the purpose of prosecution of any person violating any section of this chapter.

(Ord. 1996-53 § 9, 1996).

The conviction of a minor child for violation of CCMC 18.36.030 creates a civil cause of action which may be pursued against that minor child's parents or guardian having custody and control of the minor child by anyone who has sustained damage caused by the violation of that section of this chapter.

(Ord. 1996-53 § 10, 1996).

Graffiti shall be removed by any one of the following methods:

1.

If the graffiti is applied by a juvenile, the parents or legal guardian of the juvenile shall be responsible for the removal of the graffiti;

2.

If the sheriff determines that the graffiti is so located on a public or privately owned structure on public or privately owned real property within the city so as to be capable of being viewed by a person using any public right-of-way in the city, he or his designated representative may provide for the removal at city expense without reimbursement from the property owner upon whose property the graffiti has been applied if:

a.

The painting or repair is confined to removing or obliterating the graffiti;

b.

The structure is owned by a public entity other than the city, and removal of the graffiti is authorized by the public entity having jurisdiction over the structure; or

c.

The structure is privately owned, only after security consent and waiver of liability is obtained from the owner or pursuant to Section 8.36.060 if the property owner cannot be located or refuses to cooperate.

(Ord. 1996-53 § 11, 1996).

The office of the Carson City public defender for conflict cases is hereby created to represent indigent criminal defendants in cases when the court, for cause, disqualifies the state public defender.

(Ord. 1992-42 § 2, 1992).

The office of Carson City public defender for conflict cases must be created by a contract for professional services.

(Ord. 1992-42 § 3, 1992).

The duties of the Carson City public defender for conflict cases include but are not limited to the following:

1.

Counsel and defend each indigent for whom he or she is appointed at every state of a criminal proceeding or appeal, in accordance with the laws of this state pertaining to the appointment of counsel to represent indigent criminal defendants at county expense, including revocation of probation or parole; and

2.

Provide the necessary criminal investigation, trial preparation and defense so as to provide a reasonably effective professional defense of each case; and

3.

Prosecute any appeals or other remedies before or after conviction that counsel considers to be in the interest of justice to the extent permitted by laws pertaining to state public defenders.

(Ord. 1992-42 § 4, 1992).

The compensation to be paid for the services of the Carson City public defender for conflict cases must be established by contract between the city and the Carson City public defender for conflict cases on terms and conditions as mutually agreed. The Carson City public defender for conflict cases functions as an independent contractor under the contract.

(Ord. 1992-42 § 5, 1992).

The office of the Carson City public defender for conflict cases is created and appointed by the board of supervisors upon recommendation of Carson City staff, the district court judges and justices of the peace.

(Ord. 1992-42 § 6, 1992).

As used in this chapter, unless the context requires otherwise:

1.

"Battery" means any willful and unlawful use of force or violence upon the person of another.

2.

"Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

3.

"Domestic battery" means a battery committed by a person against his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing, a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, the minor child of any of those persons or his minor child.

4.

"Offense" includes a battery which constitutes domestic battery or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

(Ord. 1998-9 §§ 2 (part), 3, 1998).

1.

Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of domestic battery as defined by this chapter:

(a)

For the first offense within the immediately preceding seven (7) years, is guilty of misdemeanor and shall be sentenced to:

(1)

Imprisonment in a city or county jail or detention facility for not less than two (2) days, but not more than six (6) months; and

(2)

Perform not less than forty-eight (48) hours, but not more than one hundred twenty (120) hours, of community service.

The person shall be further punished by a fine of not less than two hundred dollars ($200.00) but not more than one thousand dollars ($1,000.00). A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge, except that each period of confinement must be not less than four (4) consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.

(b)

For the second offense within the immediately preceding seven (7) years, is guilty of a misdemeanor and shall be sentenced to:

(1)

Imprisonment in a city or county jail or detention facility for not less than ten (10) days, but not more than six (6) months; and

(2)

Perform not less than one hundred (100) hours, but not more than two hundred (200) hours, of community service.

The person shall be further punished by a fine of not less than five hundred dollars ($500.00), but not more than one thousand dollars ($1,000.00).

2.

In addition to any other penalty, if a person is convicted of domestic battery pursuant to this chapter, the court shall:

(a)

For the first offense within the immediately preceding seven (7) years, require him to participate in weekly counseling sessions of not less than one and one-half (1 ½) hours per week for not less than six (6) months, but not more than twelve (12) months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to state law.

(b)

For the second offense within the immediately preceding seven (7) years, require him to participate in weekly counseling sessions of not less than one and one-half (1 ½) hours per week for twelve (12) months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant state law.

3.

In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of thirty-five dollars ($35.00). Any money so collected must be paid by the clerk of the court to the state treasurer on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to state law.

4.

In addition to any other penalty, the court may require such a person to participate, at his own expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.

5.

If a person is charged with committing a domestic battery pursuant to state law, the district attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.

(Ord. 1998-9 §§ 2 (part), 4, 1998).