Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

This chapter shall be known as the "Carson City Board of Health," and may be cited as such. The "board" shall mean the Carson City board of health.

(Ord. 2004-9 § 2 (part), 2004).

As used in this chapter:

1.

"Board" means the Carson City board of health.

2.

"Health Division" means the State Health Division of the Department of Human Resources.

3.

"State Board of Health" consists of seven (7) members appointed by the Governor. It has general supervision over all matters, except for administrative matters, relating to the preservation of the health and lives of citizens of this state and over the work of the State Health Officer and all district, county and city health departments, boards of health and health officers.

4.

"State Health Officer" means the individual appointed by the Director of the Department of Human Resources with responsibility for enforcing all laws and regulations pertaining to the public health within Nevada.

(Ord. 2004-9 § 2 (part), 2004).

1.

The Carson City board of health, exists by virtue of Chapter 439 of the Nevada Revised Statutes.

2.

Carson City shall establish a county board of health to consist of the Carson City board of supervisors, the sheriff and the Carson City health officer.

3.

The Carson City health officer shall act as chairman of the Carson City board of health, and the Carson City clerk shall be the clerk of the board.

4.

Rules, regulations, and by-laws shall be promulgated to regulate the procedures of the Carson City board of health with respect to the internal management and government and appellate procedures of the board and policies of the Carson City health department. Nothing contained herein shall be construed to conflict with the statutes of Nevada or with any provision of the resolution creating the board.

5.

All of the officers shall serve without additional compensation.

(Ord. 2004-9 § 2 (part), 2004).

1.

On or before January 1 next following each general election, the Carson City board of supervisors shall appoint a Carson City health officer for Carson City.

2.

The Carson City health officer must be appointed on the basis of his graduate education in public health, his training, his experience and his interest in public health and related programs.

3.

His term of office is two (2) years or until his successor has been appointed and qualified.

(Ord. 2004-9 § 2 (part), 2004).

For performing the duties prescribed by law, the Carson City health officer shall receive such compensation as is fixed by the Carson City board of supervisors, which compensation shall not be less than twenty-five dollars ($25.00) per month. The Carson City board of supervisors is directed to allow a claim for twenty-five dollars ($25.00) per month or for such greater sum as the board of supervisors may deem proper for the work performed.

(Ord. 2004-9 § 2 (part), 2004).

In the case of refusal or neglect of the Carson City board of supervisors to appoint the Carson City health officer for thirty (30) days after January 1st next following any general election, or if a vacancy shall exist in the office of the Carson City health officer for a period exceeding thirty (30) days, the state health officer may make such appointment for Carson City for that term and fix the compensation pursuant to Section 9.01.050; and a Carson City health officer so appointed shall have the same duties, power and authority as though appointed by the Carson City board of supervisors.

(Ord. 2004-9 § 2 (part), 2004).

The Carson City health officer is the executive officer of the Carson City board of health, is licensed to practice medicine in this state, and may be a Carson City physician.

(Ord. 2004-9 § 2 (part), 2004).

1.

With the approval of the Carson City board of supervisors, the Carson City health officer is empowered to appoint such deputies as may be necessary.

2.

Deputies shall receive such compensation as is fixed by the Carson City board of supervisors.

3.

Not later than the fifth day of each month, deputy health officers shall file monthly reports with the Carson City health officer. The reports shall be compiled by the Carson City health officer and forwarded to the health division not later than the tenth day of each month.

(Ord. 2004-9 § 2 (part), 2004).

The Carson City board of health shall be subject to the supervision of the Health Division, and shall make such reports to the Health Division as the State Board of Health may require.

(Ord. 2004-9 § 2 (part), 2004).

The Carson City board of health shall:

1.

Oversee all sanitary conditions of Carson City;

2.

Adopt such regulations as may be necessary for the prevention, suppression and control of any contagious or infectious disease dangerous to the public health, which regulations take effect immediately upon approval by the State Board of Health;

3.

File a copy of all of its adopted regulations with the Carson City clerk.

(Ord. 2004-9 § 2 (part), 2004).

The Carson City board of health may:

1.

Abate nuisances in accordance with law;

2.

Establish and maintain an isolation hospital or quarantine station when necessary for the isolation or quarantine of a person or a group of persons;

3.

Restrain, quarantine and disinfect any person or group of persons sick with or exposed to any contagious or infectious disease that is dangerous to the public health;

4.

Appoint quarantine officers when necessary to enforce a quarantine, shall provide whatever medicines, disinfectants and provisions which may be required, and shall arrange for the payment of all debts or charges so incurred from any funds available, but each patient shall, if he is able, pay for his food, medicine, clothes and medical attention;

5.

Subject to the prior review and approval of the Carson City board of supervisors and except as otherwise provided in NRS 576.128, adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from the board pursuant to a law of this state or an ordinance adopted by the Carson City board of supervisors. Such fees must be for the sole purpose of defraying the costs and expenses of the procedures for issuing licenses and permits, and investigations related thereto, and not for the purposes of general revenue.

(Ord. 2004-9 § 2 (part), 2004).

The following definitions shall apply throughout this chapter unless a different meaning is clearly indicated by the context or is stated in any of the several sections:

1.

"Approval" means acceptable to Carson City Health and Human Services and so stated in writing, by permit, or indicated by stamp or seal.

2.

"CCHHS" means Carson City Health and Human Services.

3.

"Health authority" means the officers and agents of the local board of health.

4.

"Health officer" means the person who is named as the city physician and who is learned in sanitary science, public health practice and the diagnosis of infectious diseases

5.

"Inventory" means any area of operation that is inspected and permitted by the Carson City Health and Human Services based on the risk to public health.

6.

"Permit" means a written permit, stamp or seal of approval issued by the Carson Health and Human Services.

7.

"Person" includes any natural individual, firm, trust, partnership, association, institution, corporation, or any other business entity and includes the plural as well as the singular, feminine as well as the masculine.

8.

"Sanitary Code" means all of the rules and regulations pertaining to health, sanitation and environment which are adopted by the board of health of Carson City.

(Ord. No. 2013-17, § II, 6-6-2013)

A health permit is required for the following establishments, businesses or activities:

a.

Food establishment inventories preparing, serving, selling or delivering food or drink for human consumption shall have a health permit as required by this title before beginning any operation, and shall be inspected accordingly, including, but not limited to, convenience stores, retail groceries, ice cream shops, retail food producers, bakeries, wholesale distributing, restaurants, coffee carts, vending machine companies, meat departments, bars and lounges, produce departments, seafood departments, mobile ice cream, snow cone vehicles, deli departments, child care with food service, mobile food vehicles, caterers, continental breakfasts, bed and breakfasts, take outs, school cafeterias and other fee exempt establishments, and temporary food establishments.

b.

Commercial and home child care facility inventories shall have a health permit as required by this title before beginning any operation, and shall be inspected annually in accordance with NAC 432A.260.

c.

Public accommodation inventories including hotels and motels which provide accommodations to the transient public shall have a health permit as required by this title before beginning any operation, and shall be inspected on an annual basis in accordance with NRS 447 and NAC 447.

d.

Mobile home park and recreational vehicle park inventories renting space for temporary or permanent parking of a mobile home, trailer or recreational vehicle shall have a health permit as required by this title before beginning any operation, and shall be inspected on an annual basis in accordance with NRS 461A and NAC 461A.

e.

Public bathing places inventories including swimming pools, hot springs, and spas shall have a health permit as required by this title before beginning any operation, and shall be inspected at least once a season in accordance with the Carson City Municipal Code and NRS 444.050—444.120 and NAC 444.010—444.546

f.

Invasive body decoration inventories including tattoo, body piercing and permanent cosmetic operations shall have a health permit as required by this title before beginning any operation, and shall be inspected on an annual basis in accordance with the Carson City Municipal Code.

g.

Public institution inventories including public and private elementary, middle, and high schools, shall have a health permit as required by this title before beginning any operation, and shall be inspected on a biannual basis in accordance with NRS 444.330—444.335 and NAC 444.568—444.56862.

h.

Bottled water plant inventories shall have a health permit as required by this title before beginning any operation, and shall be inspected on an annual basis in accordance with NAC 445A.544—445A.590.

i.

Jail and detention center inventories shall have a health permit as required by this title before beginning any operation, and shall be inspected on an annual basis in accordance with NAC 211.

(Ord. No. 2013-17, § III, 6-6-2013)

The owner, person in charge or control, or the lessee, of every inventory, establishment, premises, place, potable water supply, sewerage or drainage system has the duty to and shall keep, place and preserve the same in such condition, and to conduct and maintain the same in such manner, that it shall not be dangerous to the public health or in violation of the rules and regulations of the Sanitary Code.

(Ord. No. 2013-17, § IV, 6-6-2013)

1.

No person shall engage in one (1) of the activities enumerated in Section 9.04.020 without first obtaining a permit from the CCHHS unless permitted under another governmental public health agency.

2.

Permit applications shall be made on forms provided by the CCHHS or by submission of plot plans or construction drawings, and shall be completed in all pertinent details.

3.

No application for permit shall receive approval until a complete health inspection has been made and all deficiencies corrected. The applicant shall demonstrate to the CCHHS compliance with all pertinent state and municipal health laws, regulations and ordinances before a permit will be issued.

4.

In cases where the submission of plans and/or specifications is required, no construction, modification or adaptation shall commence, except that required to eliminate, remove or minimize imminent or immediate danger to the public health and well-being, unless the required plans have been approved. Construction shall be in conformance with the approved plans and specifications.

5.

The approval of plans and specifications shall lapse and become invalid one (1) year from the date of approval if the majority (one-half (½) or more) portion of the work described in the plans and specifications has not commenced by such anniversary date.

6.

Permits are valid for one (1) year from the date of issuance thereof unless suspended or revoked by the CCHHS for violation of the Sanitary Code. Each inventory is to be charged separately. Fees collected for such permits are not refundable. No permit is transferable from person to person or place to place.

7.

Every permit must at all times be kept on the premises or in the vehicle designated and displayed in a conspicuous manner therein.

8.

No permit shall be issued and no permit is valid until the bona fide permit fee is received by the CCHHS or its designated representative:

a.

By cash, check, money order, credit card or cashier check to the CCHHS or its designated representative at the time of application.

b.

Once an operator of a properly licensed business within Carson City has been issued health permits, billing for fees to cover a subsequent year will be mailed prior to the expiration date of each permit. Payment for the health permits must be made prior to issuance of any business license. Fees shall be paid according to the following schedule:

FEE SCHEDULE
Permits, Plans, Other Fees

SCHEDULE A
Permits

SCHEDULE B
Plan Review Fee Schedule

SCHEDULE C
Other Fees

9.

Replacement certificates/permits may be obtained from the CCHHS on payment of a fee of two dollars ($2.00). Such documents shall be marked "Duplicate."

10.

No person shall refuse to allow the CCHHS to inspect fully any and all premises of facilities at any reasonable time, and no person shall interfere with the CCHHS on the discharge of its duties whether in inspections for application approval or for the enforcement of the sanitary code. Refusal to allow inspection or interference with the CCHHS shall be grounds for refusal of a permit.

11.

Anyone aggrieved by the refusal to grant a permit may within five (5) days of such refusal appeal in writing to the Carson City board of supervisors which shall conduct a hearing thereon.

(Ord. No. 2013-17, § V, 6-6-2013)

1.

Permits issued under the provisions of this chapter may be suspended temporarily by the CCHHS for failure of the holder to comply with the requirements of this chapter. Whenever a permit holder is found to be in noncompliance with the provisions of this chapter, the permit holder shall be given a written notice thereof, such written notice to specify in detail the corrective measures necessary to bring the permit holder back into compliance, and a time period for implementation.

2.

Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within ten (10) days following receipt of a written request, including a statement signed by the applicant that the conditions causing the suspension of the permit have been corrected, CCHHS shall make a reinspection. If the applicant is complying with the requirements of this chapter, the permit shall be reinstated.

3.

For serious or repeated violations of any of the requirements of this chapter or for the interference with the CCHHS in the performance of its duties, the permit may be permanently revoked following an opportunity for a hearing before the board of supervisors. Any permit holder whose permit is being considered for revocation shall be notified by certified mail, return receipt requested. The permit shall be permanently revoked at the end of five (5) days following the date of service of such notice, unless a request for a hearing is filed with the CCHHS within such five (5) day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.

4.

The hearings provided for in this section shall be conducted by the board of supervisors at a time and place designated by them. Based upon the record of such hearing, the board of supervisors shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the CCHHS.

(Ord. No. 2013-17, § VI, 6-6-2013)

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation.

The Carson City Health and Human Services provides numerous programs and services to the public. The programs and services include, but are not limited to, well-baby examinations, vaccinations, disease investigation, family planning, physical examinations and the administration of medications. CCHHS has the authority to set reasonable fees to provide these services and programs to the public. Such fees for the programs and services must be set for the sole purpose of defraying the costs and expenses of the programs and services and not for the purposes of general revenue.

(Ord. No. 2013-17, § VII, 6-6-2013)

(Ord. No. 2013-17, § VIII, 6-6-2013)

(Ord. No. 2013-17, § IX, 6-6-2013)

1.

"Certified food protection manager" means a person who has demonstrated, by means of a food safety certification examination from an accredited program, that they have the knowledge, skills, and abilities required to protect the public from foodborne disease.

2.

"Food" means any food, drink, confection or beverage, or any component in the preparation or manufacture thereof, intended for ultimate human consumption, storage, preparation or manufacturing, display, offering for sale, or service in a food establishment.

3.

"Food establishment" except as otherwise limited by subsection a, "food establishment" means any place, structure, premises, vehicle or vessel, or any part thereof, in which food intended for ultimate human consumption is manufactured or prepared by any manner or means, or in which any food is sold, offered or displayed for sale or served.

a.

The term does not include:

(1)

A private home, unless the food prepared or manufactured in the home is sold, or offered or displayed for sale or for compensation or contractual consideration of any kind;

(2)

A fraternal or social clubhouses at which attendance is limited to members of the club;

(3)

Vehicles operated by common carriers engaged in interstate commerce;

(4)

Any establishment in which religious, charitable and other nonprofit organizations sell food occasionally to raise money or which charitable organizations receive salvaged food in bulk quantities for free distribution, unless the establishment is open on a regular basis to sell food to members of the general public;

(5)

Any establishment where any animal, including, without limitation, mammals, fish and poultry, are slaughtered which is regulated pursuant to chapter 583 of the NRS;

(6)

Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated under chapter 584 of the NRS;

(7)

The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of the NRS who handles only alcoholic beverages which are in sealed containers;

(8)

A facility that produces eggs which is regulated pursuant to chapter 583 of the NRS;

(9)

A cottage food operation that meets the requirements of NRS 446.866 with respect to food items as defined in that section;

(10)

A craft food operation that meets the requirements of NRS 587.6945 with respect to food items as defined in that section; or

(11)

A farm for purposes of holding a farm-to-fork event.

b.

As used in this section, "poultry" has the meaning ascribed to it in NRS 583.405, and means any domesticated bird, whether live or dead.

4.

"Food service cart" means a food establishment on wheels, operated inside or outside of buildings, that is easily conveyed from a servicing area to one or more approved locations where food is served, and is clearly identified in the permit application.

5.

Health authority means the officers and agents of the local Board of Health, or Carson City Health and Human Services.

6.

"Highly susceptible population" means persons who are more likely than other people in the general population to experience foodborne illness because they are:

a.

Immunocompromised, preschool age children, or older adults.

7.

"Mobile unit" means any motor vehicle operating from an approved servicing area in which food, beverages, frozen desserts or dairy products and mixes are prepared, processed or converted for human consumption and which is used to sell and dispense food and beverages to customers. The term does not include a food service cart as defined by CCMC 9.05.010(4), a golf-style food service cart, or any similar operation.

8.

"Outdoor food establishment" means a food establishment that is in an unenclosed or partially enclosed outdoor area, that may have equipment for cooking, staging or storing food, that is not within its supporting food establishment's physical structure, but it is on the premises of its supporting food establishment, and that is not intended to be operated as a temporary food establishment.

9.

"Permit holder" means a person who:

a.

Is legally responsible for the operation of a food establishment, including, without limitation, the owner, the owner's agent, or another person; and

b.

Possesses a valid permit to operate a food establishment.

10.

"Person in charge" means the person present at a food establishment who is responsible for the operation of the establishment at the time of an inspection.

11.

"Portable unit for service of food" means a portable food establishment that may be operated inside or outside, and pursuant to a contract with a food establishment or an approved servicing area for the preparation and service of a limited menu that has been approved by the Health Authority.

12.

"Risk" means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.

13.

"Risk Level I food establishment" means a permitted food establishment that presents an extremely low relative risk of causing foodborne disease based upon few or no food handling operations implicated in foodborne disease outbreaks, including, without limitation, convenience stores, hot dog and espresso carts, concession stands, bars or lounges, coffee shops, warehouses, and mobile trucks with frozen foods or meats.

a.

Risk Level I food establishments are limited to food establishments that:

(1)

Serve or sell only prepackaged non-potentially hazardous food;

(2)

Conduct limited food preparation steps of non-potentially hazardous foods such as slicing bagels, buttering toast, or opening prepackaged baked goods for individual sale;

(3)

Serve only beverages and ice, such as espresso, mixed and blended drinks;

(4)

Heat only commercially processed, potentially hazardous foods, such as hot dogs for hot holding and where cooling or reheating of food items is prohibited; or

(5)

Conduct cold holding of commercially prepackaged, ready-to-eat, potentially hazardous food such as sandwiches and frozen foods, without opening of the package, including, without limitation convenience stores, hot dog and espresso carts, concession stands, bars or lounges, coffee shops, warehouses, and mobile trucks with frozen foods or meats; or

(6)

Seasonal events handled through a temporary food permit.

14.

"Risk Level II food establishment" means a permitted food establishment that presents a medium relative risk of causing foodborne disease based upon few food handling operations typically implicated in foodborne disease outbreaks, including, without limitation, fast food restaurants, bakeries, sandwich shops, establishments with minimal food preparation, and processors or manufacturers of non-potentially hazardous food.

a.

Risk Level II food establishments are limited to food establishments that:

(1)

Prepare, cook, and serve most foods immediately;

(2)

Limit the complex preparation of potentially hazardous food including cooking, cooling, and reheating for hot holding to three (3) or fewer items;

(3)

Limit cold or hot holding to a single meal service; or

(4)

Use minimal preparation and assembly steps to prepare foods from raw ingredients.

15.

"Risk Level III food establishment" means a permitted food establishment that presents a significant relative risk of causing foodborne disease based on the large number of food handling operations typically implicated in foodborne disease outbreaks or the type of population served by the establishment, including, without limitation, full service restaurants, continuous operation casino or resort kitchens, restaurants and buffets, hospitals, nursing and extended care facilities, processors or manufacturers of potentially hazardous food, caterers serving potentially hazardous food, a central kitchen that transports food to satellite locations, and establishments conducting specialized processing at retail.

a.

Risk Level III food establishments include, without limitation, food establishments that:

(1)

Conduct complex food preparation including thawing, cooking, cooling, cold holding, reheating and hot holding for more than three (3) potentially hazardous foods;

(2)

Perform extensive handling of large volumes of raw potentially hazardous food ingredients;

(3)

Operate extended hours of food preparation activities;

(4)

Perform advanced preparation of potentially hazardous food for next day service;

(5)

Primarily serve highly susceptible populations;

(6)

Conduct specialized processes such as smoking, curing, and reduced oxygen packaging or modified atmospheric packaging for extended shelf life;

(7)

Process or manufacture potentially hazardous food;

(8)

Prepare potentially hazardous food for off-premise serving, for which time and temperature requirements during transportation, holding, and service are relevant; or

(9)

Have a history of violations, have repeated critical violations upon reinspection, or have a history of enforcement issues. Food establishments that fall under this subsection will be considered Risk Level III for a period of one year.

16.

"Servicing area" means one or more locations approved by the Health Authority to which a food service cart, a mobile unit, or a portable unit for service of food returns regularly for activities, including, without limitation to food and supply storage, warewashing, food preparation, vehicle and equipment cleaning and maintenance, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.

17.

"Temporary food establishment" means a food establishment that operates for a period of not more than fourteen (14) calendar days in conjunction with a single special event.

(Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § I, 4-19-2018, eff. 3-10-2018)

The provisions of NRS Chapter 444 and NAC 444 governing the sanitation of food establishments are hereby adopted by reference and made a part of this section as if set forth in detail therein.

(Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § II, 4-19-2018, eff. 3-10-2018)

1.

It is unlawful for any person to operate a food establishment without a valid business license and a valid food establishment permit issued by the Health Authority.

2.

Any business license application must comply with Chapter 4.04 of the Carson City Municipal Code.

3.

Any food establishment permit application must be submitted on forms provided by the Health Authority. A food establishment permit application should be filled out concurrently with a business license application.

4.

Upon receipt of the business license application and the food establishment permit application, the Health Authority shall make an inspection of the food establishment to determine compliance with the provisions of this chapter. When inspection reveals that the applicable requirements of this chapter have been met, a food establishment permit will be issued to the applicant by the Health Authority.

5.

Except as otherwise provided in this chapter, a food establishment permit expires at the end of each calendar year.

6.

No business license will be issued for any food establishment until a food establishment permit has first been granted.

7.

A permit is not transferable from person to person or from establishment to establishment.

8.

A permit must be posted in a conspicuous place where it is clearly visible in or upon the food establishment during any mode of operation.

9.

A permit for a temporary food establishment will be valid for the specific time period of the operation.

10.

Except as otherwise provided in this chapter, a permit application must include:

a.

The applicant's full name and mailing address.

b.

The street address or other identifying information to show the physical location of the proposed establishment.

c.

The type of food establishment and hours of operation.

d.

The signature of the applicant or applicants.

11.

An application for a permit to operate a temporary food establishment must include the dates of the proposed operation in addition to the other requirements of this section.

12.

A permit holder shall comply with all city, state, and federal laws.

(Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § III, 4-19-2018, eff. 3-10-2018)

1.

If the permit holder is not the person in charge, the permit holder shall designate a person in charge who shall be present at the food establishment during all hours of operation.

2.

Based on the risks inherent to the food operation, during inspections and upon request, the person in charge shall demonstrate to the Health Authority knowledge of the prevention of foodborne illness, application of the Hazard Analysis and Critical Control Point principles and the requirements of NAC Chapter 446.

a.

The person in charge may demonstrate this knowledge by:

(1)

Being a Certified Food Protection Manager who has shown proficiency in the required information through passing a test that is part of an accredited program; or

(2)

For a food establishment that is Risk Level I or II, or is a temporary food establishment, responding correctly to the questions of the Health Authority as they relate to the specific food establishment.

3.

The person in charge shall ensure that:

a.

The operation of the food establishment is not conducted in a private home or in a room used as living or sleeping quarters as provided in NRS 446.870;

b.

Persons unnecessary to the food establishment operation are not allowed in the food preparation, food storage or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food, clean equipment, utensils and linens, and unwrapped single-service and single-use articles are protected from contamination;

c.

Employees and other persons, including, without limitation, delivery and maintenance personnel and pesticide applicators, entering the food preparation, food storage and warewashing areas, comply with this chapter and chapter 446 of the NAC;

d.

Employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing;

e.

Employees are visibly observing foods as they are received to determine that the food is:

(1)

From approved sources, meaning acceptable to the Health Authority based on a determination of conformity with principles, practices and generally recognized standards that protect public health, as defined by NAC 446.0105;

(2)

Delivered at the required temperatures; and

(3)

Protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt;

f.

Employees are properly cooking potentially hazardous food, including, without limitation, ensuring proper cook time and temperature control for the safety food, being particularly careful in cooking those foods known to cause severe foodborne disease and death, including, without limitation, eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated;

g.

Employees are using proper methods to rapidly cool potentially hazardous foods, including, without limitation, time and temperature control for the safety of food, that is not held hot or is not for consumption within four (4) hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling;

h.

Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed that the food is not cooked sufficiently to ensure its safety;

i.

Employees are properly sanitizing cleaned multi-use equipment and utensils before the equipment or utensils are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, chemical concentration, pH, temperature and exposure time for chemical sanitizing;

j.

Consumers are notified that clean tableware is to be used when they return to self-service areas, including, without limitation, salad bars and buffets;

k.

Except when approval is obtained from the Health Authority, employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils including, without limitation, deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment;

l.

Employees are properly trained in food safety, including, without limitation, food allergy awareness as it relates to their assigned duties;

m.

Food employees and conditional employees are informed in a verifiable manner of their responsibility to report to the person in charge information about any symptoms they may have as those symptoms relate to diseases that are transmissible through food; and

n.

Written procedures and plans, where specified by the requirements set forth in NAC 446 and this chapter, and as developed by the food establishment, are maintained and implemented as required.

(Ord. 1996-65 § 1, 1996; Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § IV, 4-19-2018, eff. 3-10-2018)

1.

A Certified Food Protection Manager shall:

a.

Be responsible for identifying food safety hazards in the day-to-day operation of the food establishment;

b.

Develop and implement specific policies, procedures and standards aimed at preventing foodborne disease;

c.

Coordinate training, supervise or direct food preparation activities, take corrective action as needed to protect the health of the consumer; and

d.

Conduct in-house self-inspections of daily operations on a periodic basis to see that procedures concerning food safety are being followed.

2.

A Certified Food Protection Manager may act in the capacity of the person in charge.

(Ord. No. 2018-5, § V, 4-19-2018, eff. 3-10-2018)

1.

A Risk Level II food establishment must employ a minimum of one (1) full-time Certified Food Protection Manager. The Certified Food Protection Manager shall either be physically present at the food establishment or shall designate a person in charge to perform food service activities under the Certified Food Protection Manager's supervision. The Certified Food Protection Manager must be available via telephone when not physically present at the food establishment.

2.

Except as provided in subsection a., each Risk Level III food establishment must employ a minimum of one (1) full-time Certified Food Protection Manager who is required to be present on the premises during all hours when high-risk food handling activities are occurring, including, without limitation, cooking, cooling, reheating or extensive handling of raw foods.

a.

Incidental absences of the Certified Food Protection Manager due to temporary illness, short errands off the premises or when low-risk food activities are being conducted shall not be construed as violation of this section. A person in charge must be designated to perform food service activities under the direct supervision of a Certified Food Protection Manager during all hours when the Certified Food Protection Manager is not physically present. The Certified Food Protection Manager must be available via telephone when not physically present.

3.

For facilities operating under multiple food permits, only one (1) Certified Food Protection Manager is required provided that the following conditions have been satisfied:

a.

All permitted food establishments involved are Risk Level II food establishments;

b.

Each permitted food establishment involved is under the same ownership;

c.

The permit must be for food establishments operating in the same building;

d.

The square footage of the building does not exceed five thousand (5,000) square feet; and

e.

The Certified Food Protection Manager must demonstrate they have operational supervision over all the permitted food establishments.

4.

Food Protection Manager certificates issued by an accredited certification organization must be prominently posted in the food establishment next to the food establishment permit.

5.

Except as otherwise provided in this section, newly permitted food establishments must be under the operational supervision of a Certified Food Protection Manager within sixty (60) days from the issuance date of the food establishment permit to operate.

6.

Permitted food establishments which are not in compliance with the requirements to have a Certified Food Protection Manager because of employee turnover or other loss of certified personnel, shall have sixty (60) days from date of loss of the Certified Food Protection Manager to comply, provided there is documentation at the food establishment showing that a Certified Food Protection Manager was employed within the last sixty (60) days.

7.

The following permitted food establishments are exempted from the Certified Food Protection Manager requirements:

a.

Risk Level I food establishments provided that a designated person-in-charge is present at the food establishment during all hours of operation; and

b.

Temporary food establishments.

(Ord. No. 2018-5, § VI, 4-19-2018, eff. 3-10-2018)

1.

Permitted food establishments at child care centers are considered Risk Level I food establishments if they meet following food handling conditions:

a.

Food handlers are only cutting fruits and vegetables, with the exception of melons, leafy greens, or tomatoes;

b.

Milk is only used as a beverage or poured onto dry cereal;

c.

Single-service, commercially processed and precooked or pasteurized potentially hazardous food is in its original package for immediate service or warmed in its original package for immediate service; or

d.

All other food handling operations are conducted as a Risk Level I food establishment.

(Ord. No. 2018-5, § VII, 4-19-2018, eff. 3-10-2018)

1.

A food service cart, a mobile unit, or a portable unit for service of food must operate from an approved servicing area and must report daily to that location for supplies, cleaning and servicing operations unless otherwise approved by the Health Authority.

2.

A food service cart, mobile unit, or a portable unit for service of food must keep a log of visits to their servicing area.

3.

If the food service cart, mobile unit, or portable unit for service of food operator is not the permit holder of the servicing area, authorization from the permit holder allowing use of the facility must be provided to the Health Authority and must include:

a.

A written agreement, signed by the permit holder of the servicing area that states the approved food establishment is willing to allow the food service cart, mobile unit or portable unit for service of food to:

(1)

Store food products inside the food establishment;

(2)

Use the facilities of the food establishment for the cleaning and maintenance of utensils and equipment;

(3)

Deposit used cooking grease and refuse in the food establishment trash disposal and grease rendering facilities;

(4)

Prepare food items that will be served from the food service cart, mobile unit, or portable unit for service of food; and

(5)

Be allowed full access to the food establishment during hours or days in which the food establishment might not otherwise operate.

4.

In the event the servicing area lessens its scope of food preparation, changes ownership, or is out of business for any reason, the food service cart, mobile unit, or portable unit for service of food must cease operations and immediately advise the Health Authority.

5.

Any proposed change in servicing area, location, equipment or operation must receive prior approval from the Health Authority.

6.

The Health Authority may assess a fee for a change of servicing area location. The fee for changing a servicing area location will be in accordance with the fee schedule adopted by the Board of Health or Board of Supervisors.

7.

A servicing area that is located outside the jurisdiction of the Health Authority may be approved if the operator of the food service cart, mobile unit or portable unit for service of food meets all of the following requirements:

a.

The servicing area is in compliance with the requirements of this chapter and has obtained a food establishment permit issued pursuant to the provisions of NRS 446.875;

b.

A copy of the valid food establishment permit from the jurisdiction in which it is located is provided to the local Health Authority; and

c.

A copy of the most recent health inspection is provided to the local Health Authority.

8.

Food storage and preparation in a servicing area must be separated from the area used for servicing operations of the food service cart, mobile unit, or portable unit for service of food such that no contamination between food storage or preparation areas occurs.

9.

Unit cleaning and in-place cleaning of nonfood-contact surfaces of equipment not requiring sanitization must be done with potable water and must be done in a manner which will not contaminate the food storage or food preparation areas or equipment of the mobile unit or portable unit for service of food.

10.

If a food service cart, mobile unit, or portable unit is used at an event where it does not or cannot return to the servicing area, the food service cart, mobile unit, or portable unit must be permitted and regulated as a temporary food establishment.

11.

A food establishment permit shall become invalid should the permit holder change servicing areas without prior approval from the Health Authority.

(Ord. No. 2018-5, § VIII, 4-19-2018, eff. 3-10-2018)

1.

In accordance with Section 9.05.030, a food service cart must submit its food establishment permit application to the Health Authority. The food establishment permit application will request proposed plans and specifications that include, without limitation:

a.

Name of the operator;

b.

Proposed type of food establishment

c.

Scheduled duration of food establishment;

d.

Proposed sites to be served;

e.

Locations and availability of public restrooms available for operators and patrons.

f.

Menu and food preparation procedures;

g.

Plot plan, including without limitation, the location and elevation drawing of all food equipment, plumbing, electrical services and mechanical ventilation, potable water and wastewater holding units;

h.

Equipment specifications, including without limitation, the make and model numbers of all food equipment;

i.

Material type and color to be used on all surfaces including, without limitation, floors, walls, ceilings and counters;

j.

Lighting to be installed, including intensity of lighting;

k.

Source of potable water;

l.

Site used for sewage and wastewater disposal;

m.

Location of servicing area.

n.

Any other information deemed reasonably necessary by the Health Authority on forms provided by the Health Authority.

2.

A food service cart must be readily identifiable by the business name being printed, permanently affixed and prominently displayed upon at least two (2) sides of such units, in letters not less than three (3) inches in height, and of a color contrasting with the background color of the unit.

3.

A food service cart operating at parking facilities for office complexes, industrial complexes, or construction sites, must not operate for periods that exceed four (4) hours.

4.

A food service cart may be operated inside or outside of buildings, and public restroom facilities must accessible during all hours of operation.

5.

The operation of a food service cart on vacant lots, highway rights-of-way, or undeveloped properties, for the purpose of selling food to the general public is prohibited.

6.

A temporary food establishment permit holder with a special event permit in compliance with the provisions of CCMC Section 4.04.077 is exempt from the requirements of this section.

(Ord. No. 2018-5, § IX, 4-19-2018, eff. 3-10-2018)

1.

The following must occur to ensure adequate food protection:

a.

During operation of a food service cart, food must not be stored, displayed, or served from any place other than the food establishment.

b.

During transportation and storage of food, food and food-contact surfaces must be protected from contamination.

c.

Cold holding of potentially hazardous food must be accomplished by use of mechanical refrigeration. Ice may be used when all food is prepackaged and in sealed waterproof containers.

d.

Hot and cold holding equipment must be capable of maintaining food at safe temperatures in all climatic conditions, including subfreezing and extremely hot weather.

e.

A food service cart must provide only single-service articles for use by the consumer.

2.

Materials that are used in the construction of food service cart must be:

a.

Safe;

b.

Durable, corrosion-resistant, nonabsorbent; and

c.

Finished to have a smooth and easily cleanable surface.

3.

All food compartments must be provided with a tightly-fitted cover or lid sufficient to protect the interior surfaces from dust, debris, and vermin.

a.

All food compartments and food-contact surfaces must be:

(1)

Sufficiently large enough to permit food assembly and service operations;

(2)

Constructed so as to be smooth, easily accessible and easily cleanable.

4.

Except as provided for portable banquet bars in Section 9.05.0419(a), a separate hand washing sink must be provided and accessible to food handlers and other employees at all times and include the following:

a.

An adequate amount of warm, running, potable water under pressure from an approved source, meaning acceptable to the Health Authority based on a determination of conformity with principles, practices and generally recognized standards that protect public health, as defined by NAC 446.0105.

b.

Pump soap.

c.

Individual paper towels.

d.

Requirements for handwashing may be waived or modified when only prepackaged foods are served.

e.

Toilet facilities for employees must be available and readily accessible.

5.

A water supply must contain a protective cover device. The device must have a cap and keeper chain, a closed cabinet, a closed storage tube, or other approved protective cover device for the water inlet, outlet, and hose.

6.

A potable water storage tank must be designed to facilitate draining and cleaning by:

a.

Being readily removable and easily handled to permit use of a drain located on a side of the tank; or having a bottom sloped to a drain located at the lowest point in the tank.

b.

There must be a location provided for the flushing and drainage of liquid waste separate from the location provided for potable water servicing and for the loading and unloading of food and related supplies.

7.

Liquid waste retention and disposal requirements:

a.

Liquid waste must be stored in a waste retention tank that has at least fifteen (15) percent more capacity than the water tank. The bottom of the waste retention tank must be sloped to a drain.

b.

All liquid waste must be retained on the mobile until emptied and flushed into an approved sanitary sewer system or dump station, in a manner approved by the Health Authority.

c.

The contents of the waste retention tank must be gauged unless the water level can be easily observed. A waste retention tank with an outlet for overflow is prohibited.

d.

The wastewater system must be operable under all climatic conditions, including subfreezing temperatures.

8.

When compressed air is used to pressurize the water tank system, a filter that does not pass oil or oil vapors must be installed in the air supply line between the compressor and potable water system.

9.

Personnel restrictions:

a.

Only employees and those persons authorized by the Health Authority may be present in food preparation areas pertaining to a food service cart.

b.

The operator of a food service cart must be in attendance at all times when the food establishment is open for business.

10.

Garbage requirements:

a.

Refuse containers must be of sufficient design, size and capacity to accommodate the daily accumulation of customer food service garbage and trash.

b.

A refuse container with a cover or lid must be installed inside a food service cart.

(Ord. No. 2018-5, § X, 4-19-2018, eff. 3-10-2018)

1.

A food service cart may be stored at a private home or a garage if the following activities occur at a permitted servicing area prior to storage:

a.

All potable water supplied to a food service cart is obtained;

b.

All garbage and refuse from the food service cart is disposed of;

c.

All food, except that which is stored on the food service cart is stored away from the food service cart;

d.

All grey water accumulated on the food service cart has been disposed;

e.

All food, except that which is prepared directly on the food service cart has been prepared or prepackaged.

(Ord. No. 2018-5, § XI, 4-19-2018, eff. 3-10-2018)

1.

Except as otherwise provided in this section, indoor and outdoor food service carts may serve any non-potentially hazardous food and, if designed, constructed, and approved by the Health Authority to do so, serve low-risk food. Those foods need not be prepackaged but shall require only minimal handling at the cart. Heating procedures not traditionally classified as cooking are allowed, including:

a.

Heating of hot dogs, to at least 135°F and subsequent hot holding until serving at a temperature of at least 135°F.

b.

Steaming of pasteurized milk or similar fluid dairy products for immediate use in the preparation of espresso-type beverages.

c.

Warming of non-potentially hazardous food or low-risk food by use of a microwave oven.

2.

Equipment intended or capable of cooking food including without limitation, burners, griddle tops, grill tops, barbecue grills, and deep-fat fryers, is not allowed on food service carts.

3.

Indoor or outdoor push carts, and food service trailers may serve any type of food including potentially hazardous food for which they have been designed, constructed, and approved by the Health Authority. Raw or undercooked potentially hazardous food may be served only if an approved food safety advisory is properly posted.

4.

Golf cart-style food service carts may serve:

a.

Prepackaged, non-potentially hazardous food;

b.

Prepackaged, commercially packaged, low-risk food, or low-risk food prepared and wrapped in the food establishment's approved servicing area, if the food establishment is designed, constructed, and approved by the Health Authority to do so;

c.

Potentially hazardous food ordered from a kitchen approved by the Health Authority that is immediately transported to a customer.

(Ord. No. 2018-5, § XII, 4-19-2018, eff. 3-10-2018)

1.

A mobile unit must submit its proposed plans and specifications in accordance with the relevant provisions of Section 9.05.030, and must contain the:

a.

Name of the operator;

b.

Proposed type of food establishment;

c.

Scheduled duration of food establishment;

d.

Proposed sites to be served;

e.

Locations and availability of public restrooms available for operators and patrons;

f.

Menu and food preparation procedures;

g.

Plot plan, including without limitation, the location and elevation drawing of all food equipment, plumbing, electrical services and mechanical ventilation, potable water and wastewater holding units;

h.

Equipment specifications, including without limitation, the make and model numbers of all food equipment;

i.

Material type and color to be used on all surfaces including, without limitation floors, walls, ceilings and counters;

j.

Lighting to be installed, including intensity of lighting;

k.

Source of potable water;

l.

Site used for sewage and wastewater disposal;

m.

Location of servicing area;

n.

Any other information deemed reasonably necessary by the Health Authority on forms provided by the Health Authority.

2.

A mobile unit must be readily identifiable by the business name being printed, permanently affixed and prominently displayed upon at least two (2) sides of such units, in letters not less than three (3) inches in height, and of a color contrasting with the background color of the unit.

3.

A mobile unit operating at parking facilities for office complexes, industrial complexes, or construction sites, must not operate for periods that exceed four (4) hours.

4.

The operation of a mobile unit on vacant lots, highway rights-of-way, or undeveloped properties, for the purpose of selling food to the general public is prohibited.

5.

A temporary food establishment permit holder with a special event permit in compliance with the provisions of CCMC Section 4.04.077 is exempt from the requirements of this section.

(Ord. No. 2018-5, § XIII, 4-19-2018, eff. 3-10-2018)

1.

The following must occur to ensure adequate food protection:

a.

During operation of a mobile unit, food must not be stored, displayed, or served from any place other than the food establishment.

b.

During transportation and storage of food, food and food-contact surfaces must be protected from contamination.

c.

Cold holding of potentially hazardous food must be accomplished by use of mechanical refrigeration. Ice may be used when all food is prepackaged and in sealed waterproof containers.

d.

Hot and cold holding equipment must be capable of maintaining food at safe temperatures in all climatic conditions, including subfreezing and extremely hot weather.

e.

A mobile unit must provide only single-service articles for use by the consumer.

2.

Materials that are used in the construction of mobile unit must be:

a.

Safe;

b.

Durable, corrosion-resistant, nonabsorbent; and

c.

Finished to have a smooth, easily cleanable surface.

3.

All food compartments must be provided with a tightly-fitted cover or lid sufficient to protect the interior surfaces from dust, debris, and vermin.

a.

All food compartments and food-contact surfaces must be:

(1)

Sufficiently large enough to permit food assembly and service operations;

(2)

Constructed so as to be smooth, easily accessible, and easily cleanable.

4.

Except as provided for portable banquet bars in Section 9.05.0419(a), a separate hand washing sink must be provided and accessible to food handlers and other employees at all times and include the following:

a.

An adequate amount of warm, running, potable water under pressure from an approved source, meaning acceptable to the Health Authority based on a determination of conformity with principles, practices and generally recognized standards that protect public health, as defined by NAC 446.0105.

b.

Pump soap.

c.

Individual paper towels.

d.

Requirements for hand washing may be waived or modified when only prepackaged foods are served.

e.

Toilet facilities for employees must be available and readily accessible.

5.

A water supply must contain a protective cover device. The device must:

a.

Have a cap and keeper chain, a closed cabinet, a closed storage tube, or other approved protective cover device for the water inlet, outlet, and hose.

6.

A potable water storage tank must be designed to facilitate draining and cleaning by:

a.

Being readily removable and easily handled to permit use of a drain located on a side of the tank, or having a bottom sloped to a drain located at the lowest point in the tank.

(1)

There must be a location provided for the flushing and drainage of liquid waste separate from the location provided for potable water servicing and for the loading and unloading of food and related supplies.

7.

Liquid waste retention and disposal requirements:

a.

Liquid waste must be stored in a waste retention tank that has at least 15 percent more capacity than the water tank. The bottom of the waste retention tank must be sloped to a drain.

b.

All liquid waste must be retained on the mobile unit until emptied and flushed into an approved sanitary sewer system or dump station, in a manner approved by the Health Authority.

c.

The contents of the waste retention tank must be gauged unless the water level can be easily observed. A waste retention tank with an outlet for overflow is prohibited.

d.

The wastewater system must be operable under all climatic conditions, including subfreezing temperatures.

8.

When compressed air is used to pressurize the water tank system, a filter that does not pass oil or oil vapors must be installed in the air supply line between the compressor and the potable water system.

9.

Personnel restrictions:

a.

Only employees and those persons authorized by the Health Authority may be present in food preparation areas pertaining to a mobile unit;

b.

The operator of a mobile unit must be in attendance at all times when the food establishment is open for business.

10.

Garbage requirements:

a.

Refuse containers must be of sufficient design, size and capacity to accommodate the daily accumulation of customer food service garbage and trash.

b.

A refuse container with a cover or lid must be installed inside a mobile unit.

(Ord. No. 2018-5, § XIV, 4-19-2018, eff. 3-10-2018)

1.

A mobile unit may be stored at a private home or a garage if the following activities occur at a permitted servicing area prior to storage:

a.

All potable water supplied to the mobile unit is obtained;

b.

All garbage and refuse from the mobile unit is disposed;

c.

All food, except that which is stored on the mobile unit is stored away from the mobile unit;

d.

All grey water accumulated on the mobile unit has been disposed;

e.

All food, except that which is prepared directly on the mobile unit has been prepared or prepackaged.

(Ord. No. 2018-5, § XV, 4-19-2018, eff. 3-10-2018)

1.

Prepackaged food must be properly labeled, except when prepared on the mobile unit for immediate service.

2.

Preparation of potentially hazardous food on the mobile unit must be accomplished daily for service that same day.

3.

Cooling of hot prepared potentially hazardous food on a mobile unit is prohibited.

4.

When potentially hazardous foods which have been cooked and cooled at the servicing area are to be served hot, they must be reheated to 165°F (74°C) and either immediately served to the customer or held hot at a temperature of 135°F (57°C).

5.

Hot and cold holding equipment must be preheated or pre-chilled to appropriate holding temperatures before loading potentially hazardous food onto the mobile unit.

6.

Thermometers must be carried on the mobile unit and used to monitor the temperature of potentially hazardous food. Refrigerators must have indicating thermometers, accurate to 2°F (1 C°).

(Ord. No. 2018-5, § XVI, 4-19-2018, eff. 3-10-2018)

1.

When a mobile unit has a water system, the source and system design must be approved by the Health Authority.

2.

The tank, pump and hoses must be flushed and sanitized before being placed in service after construction, repair, modification, and periods during which they were not used.

3.

The system must be of sufficient capacity, but not less than 40 gallons to furnish enough hot and cold water under pressure for each of the following procedures, if they occur on the mobile unit:

a.

Food preparation;

b.

Utensil cleaning;

c.

Sanitizing;

d.

Running a sink for handwashing; or

e.

Mobile unit cleaning.

4.

The water inlet must be located so that it will not be contaminated by waste discharge, road dust, oil or grease, and it must be capped.

5.

The water filler hose must be equipped with an approved backflow prevention device.

6.

The filler hose must be of an approved material and stored with the ends connected or covered when not in use. This hose must not be used for any purpose other than supplying potable water to the mobile unit.

7.

The filler hose must be identified either by color-coding or tagging.

8.

The water system must be operable under all climatic conditions, including subfreezing temperatures.

9.

If a tank is designed with an access port for inspection and cleaning, the opening must be in the top of the tank and flanged upward at least one-half (½) inch (13 mm), equipped with a port cover assembly that includes a gasket and a device for securing the cover in place, and flanged to overlap the opening and sloped to drain.

10.

Tank vents must be terminated in a downward direction and be covered, screened, or equipped with a protective filter if not otherwise protected from windblown dirt and debris.

(Ord. No. 2018-5, § XVII, 4-19-2018, eff. 3-10-2018)

1.

All mobile units must comply with the following construction requirements:

a.

All interior wall, floor and ceiling surfaces must be constructed of a light-colored, durable and completely washable material such as stainless steel, galvanized steel, aluminum or plastic and must be free of open joints or cracks;

b.

Floors must be finished with an impervious, skid resistant material;

c.

Junctures of floors, walls and adjoining fixtures must be water-tight and coved;

d.

There must be adequate ceiling height in the mobile unit so that food handling can be conducted in a safe manner;

e.

The interior of the mobile unit must be completely enclosed with the exception of the service openings. The service openings must be open only when serving food;

f.

Doors, windows and covers must close tightly and must be closed when the vehicle is being moved;

g.

Where cooking is conducted, mechanical ventilation must be provided;

h.

Lighting within the mobile unit must provide at least 50 foot-candles of light on all working surfaces at all times during use. Lights must be shielded or shatterproof;

i.

Compressed gas bottles must be securely fastened to a wall or other stationary object in such a manner as to prevent damage to the valve mechanism.

(Ord. No. 2018-5, § XVIII, 4-19-2018, eff. 3-10-2018)

1.

A mobile unit is required to have a warewashing sink with:

a.

A three (3) compartment sink with hot and cold running water under pressure to wash, rinse and sanitize utensils when equipment and utensils are reused on a mobile unit.

b.

The warewashing sinks must be large enough to immerse utensils and equipment requiring intermittent cleaning. This requirement may be waived or modified when limited food preparation is done or additional clean utensils are available and utensil washing can take place at the servicing area.

c.

The warewashing sink must have a swivel faucet which is capable of depositing water into each sink compartment and which is equipped with a mixing valve.

d.

All connections on the vehicle used for servicing the mobile unit waste disposal facilities must be of a different size or type than those used for supplying potable water to the mobile unit.

e.

The waste connection must not be located above the potable water inlet connection.

(Ord. No. 2018-5, § XIX, 4-19-2018, eff. 3-10-2018)

1.

A portable unit for service of food must submit its proposed plan in accordance with the relevant provisions of Section 9.05.030, and must contain the:

a.

Name of the operator;

b.

Proposed type of food establishment

c.

Scheduled duration of food establishment;

d.

Proposed sites to be served;

e.

Locations and availability of public restrooms available for operators and patrons;

f.

Menu and food preparation procedures;

g.

Plot plan, including without limitation, the location and elevation drawing of all food equipment, plumbing, electrical services and mechanical ventilation, potable water and wastewater holding units;

h.

Equipment specifications, including without limitation, the make and model numbers of all food equipment;

i.

Material type and color to be used on all surfaces including, without limitation, floors, walls, ceilings and counters;

j.

Lighting to be installed, including intensity of lighting;

k.

Source of potable water;

l.

Site used for sewage and wastewater disposal;

m.

Location of servicing area;

n.

Any other information deemed reasonably necessary by the Health Authority on forms provided by the Health Authority.

2.

A portable unit for service of food must be readily identifiable by the business name being printed, permanently affixed and prominently displayed upon at least two (2) sides of such units, in letters not less than three (3) inches (7.62 centimeters) in height, and of a color contrasting with the background color of the unit.

3.

A temporary food establishment permit holder with a special event permit in compliance with the provisions of CCMC Section 4.04.077 is exempt from the requirements of this section.

(Ord. No. 2018-5, § XX, 4-19-2018, eff. 3-10-2018)

1.

The following must occur to ensure adequate food protection:

a.

During operation of a portable unit for service of food, food must not be stored, displayed, or served from any place other than the food establishment.

b.

During transportation and storage of food, food and food-contact surfaces must be protected from contamination.

c.

Cold holding of potentially hazardous food must be accomplished by use of mechanical refrigeration. Ice may be used when all food is prepackaged and in sealed waterproof containers.

d.

Hot and cold holding equipment must be capable of maintaining food at safe temperatures in all climatic conditions, including subfreezing and extremely hot weather.

e.

A portable unit for service of food must provide only single-service articles for use by the consumer.

2.

Materials that are used in the construction of portable unit for service of food must be:

a.

Safe;

b.

Durable, corrosion-resistant, nonabsorbent; and

c.

Finished to have a smooth, easily cleanable surface.

3.

All food compartments must be provided with a tightly-fitted cover or lid sufficient to protect the interior surfaces from dust, debris, and vermin.

a.

All food compartments and food-contact surfaces must be:

(1)

Sufficiently large enough to permit food assembly and service operations;

(2)

Constructed so as to be smooth, easily accessible, and easily cleanable.

4.

Except as provided for portable banquet bars in Section 9.05.0419(a), a separate hand washing sink must be provided and accessible to food handlers and other employees at all times and include the following:

a.

An adequate amount of warm, running, potable water under pressure from an approved source, meaning acceptable to the Health Authority based on a determination of conformity with principles, practices and generally recognized standards that protect public health, as defined by NAC 446.0105.

b.

Pump soap.

c.

Individual paper towels.

d.

Requirements for hand washing may be waived or modified when only prepackaged foods are served.

e.

Toilet facilities for employees must be available and readily accessible.

5.

A water supply must contain a protective cover device. The device must:

a.

Have a cap and keeper chain, a closed cabinet, a closed storage tube, or other approved protective cover device for the water inlet, outlet, and hose.

6.

A potable water storage tank must be designed to facilitate draining and cleaning by:

a.

Being readily removable and easily handled to permit use of a drain located on a side of the tank; or having a bottom sloped to a drain located at the lowest point in the tank.

b.

There must be a location provided for the flushing and drainage of liquid waste separate from the location provided for potable water servicing and for the loading and unloading of food and related supplies.

7.

Liquid waste retention and disposal requirements:

a.

Liquid waste must be stored in a waste retention tank that has at least fifteen (15) percent more capacity than the water tank. The bottom of the waste retention tank must be sloped to a drain.

b.

All liquid waste must be retained on the mobile until emptied and flushed into an approved sanitary sewer system or dump station, in a manner approved by the Health Authority.

c.

The contents of the waste retention tank must be gauged unless the water level can be easily observed. A waste retention tank with an outlet for overflow is prohibited.

d.

The wastewater system must be operable under all climatic conditions, including subfreezing temperatures.

8.

When compressed air is used to pressurize the water tank system, a filter that does not pass oil or oil vapors must be installed in the air supply line between the compressor and potable water system.

9.

Personnel restrictions:

a.

Only employees and those persons authorized by the Health Authority may be present in food preparation areas pertaining to a portable unit for service of food.

b.

The operator of a portable unit for service of food must be in attendance at all times when the food establishment is open for business.

10.

Garbage requirements:

a.

Refuse containers must be of sufficient design, size and capacity to accommodate the daily accumulation of customer food service garbage and trash.

b.

A refuse container with a cover or lid must be installed inside a portable unit for service of food.

(Ord. No. 2018-5, § XXI, 4-19-2018, eff. 3-10-2018)

1.

A portable unit for service of food may be stored at a private home or a garage if the following activities occur at a permitted servicing area prior to storage:

a.

All garbage and refuse from the portable unit for service of food is disposed;

b.

All food, except that which is stored on the portable unit for service of food is stored away from the portable unit for service of food;

c.

All grey water accumulated on the portable unit for service of food has been disposed;

d.

All food, except that which is prepared directly on the portable unit for service of food has been prepared or prepackaged.

(Ord. No. 2018-5, § XXII, 4-19-2018, eff. 3-10-2018)

1.

A portable unit for service of food may be used to serve only food items that have been approved by the Health Authority. Menu restrictions apply to the following types of portable units for service of food:

a.

Portable banquet bars:

(1)

Must only serve beverages and drink garnishes including, without limitation, lemons, limes, and other garnishes.

(2)

Must operate in conjunction with a banquet or private function.

(3)

Must have handwashing area that is reasonably accessible.

(Ord. No. 2018-5, § XXIII, 4-19-2018, eff. 3-10-2018)

1.

A supply of potable water must be present on any portable unit for service of food where water is required for food preparation or handwashing.

2.

The tank which supplies potable water, pump and hoses must be flushed and sanitized before being placed in service after construction, repair, modification and periods during which they were not used.

3.

A potable water storage tank must have at least a five-gallon capacity, except that a food service trailer that is equipped with a three (3) compartment sink must have a potable water storage tank of at least a forty-gallon capacity, or be connected to an approved potable water supply system when set up for operation.

4.

The water inlet must be located so that it will not be contaminated by waste discharge, road dust, oil or grease, and it must be capped. The water filler hose must be equipped with an approved backflow prevention device.

5.

The filler hose must be of an approved material and stored with the ends connected or covered when not in use. This hose must not be used for any purpose other than supplying potable water to the portable unit for service of food.

6.

The filler hose must be identified either by color coding or tagging.

7.

The water system must be operable under all climatic conditions, including subfreezing temperatures.

8.

If a tank is designed with an access port for inspection and cleaning, the opening must be in the top of the tank and flanged upward at least one-half (½) inch (13 mm), equipped with a port cover assembly that includes a gasket and a device for securing the cover in place, and flanged to overlap the opening and sloped to drain.

9.

Tank vents must be terminated in a downward direction and be covered, screened, or equipped with a protective filter if not otherwise protected from windblown dirt and debris.

(Ord. No. 2018-5, § XXIV, 4-19-2018, eff. 3-10-2018)

1.

The operator of a portable unit for service of food that requires water for hand washing or food preparation shall:

a.

During draining and cleaning of wastewater tanks, protect all food and food-contact surfaces from spills, splashes, or aerosols of wastewater.

b.

Cease all food handling operations whenever the wastewater storage tank is filled to capacity.

c.

Dispose of wastewater in a manner approved by the Health Authority.

(Ord. No. 2018-5, § XXV, 4-19-2018, eff. 3-10-2018)

1.

The following requirements must be met for all operations on pool decks and within pool barriers:

a.

No glass or breakable items shall be allowed except that glass liquor and mixer bottles under the control of a food handler are acceptable.

b.

Portable units for service of food shall be located remotely from the edge of the pool on the raised rear deck area if available.

c.

Work stations shall not obstruct access to the pool deck, or to necessary fixtures, including, without limitation, showers and water fountains.

d.

Work stations shall not be placed in any location where there is standing water.

e.

Work stations shall be broken down, covered, protected, and stored when not in use.

All electrical connections for work stations shall be GFCI protected and testable, and temporary electrical runs shall not pass across walkways used by bathers or in wet areas such as deck drains.

f.

An operational plan shall be completed and shall address all of the above including a statement that management will not permit food or drink to be consumed within four (4) feet of any pool or spa.

(Ord. No. 2018-5, § XXVI, 4-19-2018, eff. 3-10-2018)

1.

A permit for an outdoor food establishment is in addition to a permit for its supporting food establishment.

2.

Outdoor food establishments must be permitted and operated in conjunction with a permitted supporting food establishment that is on the same premises as the establishment and is, in the opinion of the Health Authority, capable of supporting the outdoor food establishment. The supporting food establishment must be of such size and scope as to accommodate its own operation, as well as to support the needs of the outdoor food establishment.

3.

An outdoor food establishment must submit its proposed plan and specifications in accordance with the relevant provisions of Section 9.05.030, and must contain the:

a.

Name of the operator and permit number of the supporting food establishment;

b.

Location of the outdoor food establishment on the premises of its supporting food establishment;

c.

Seating capacity and hours of operation;

d.

Menu and food preparation procedures, including:

(1)

Descriptions of the proposed food preparation, service, transport, and display processes for all menu items that will be prepared, served, or displayed at the outdoor food establishment;

(2)

Any applicable HACCP plans for handling of potentially hazardous food;

(3)

The estimated volume of food to be prepared per day or projected number of consumers served;

(4)

Any other information that may be relevant in estimating the adequacy of the supporting food establishment's ability to safely accommodate the additional food processing activities of the outdoor food establishment;

e.

Plot plan, including without limitation, the location and elevation drawing of all food equipment, plumbing, electrical services and mechanical ventilation, potable water and wastewater holding units;

f.

Equipment specifications, including without limitation, the make and model numbers of all food equipment;

g.

Material type and color to be used on all surfaces including, without limitation, floors, walls, ceilings and counters;

h.

Lighting to be installed, including intensity of lighting;

i.

Source of potable water; and

j.

Plans for wastewater disposal.

4.

Outdoor food establishment permit holders shall maintain a copy of the approved operational plans at their facilities and shall make the plan available for review upon request by the Health Authority.

5.

Outdoor food establishment permit holders shall not deviate from their approved plans without written consent from the Health Authority.

(Ord. No. 2018-5, § XXVII, 4-19-2018, eff. 3-10-2018)

1.

Permanent electrical, plumbing, or other conduits shall:

a.

Be buried; or

b.

Be located at least six (6) inches above the ground.

2.

Exposed or temporary electrical, plumbing or other conduits shall not cross areas subject to foot traffic.

3.

Potable water containers, bins containing ice intended for human consumption, and refrigeration condensate collector trays, may drain indirectly to landscaped areas or to fixtures and locations as indicated in the most recent edition of the Uniform Plumbing Code. The drained water must be distributed such that it does not pool.

4.

The ground under which the entire outdoor food establishment area is located must be smooth, maintained in good repair and constructed of a nonabsorbent material such as concrete or asphalt unless otherwise approved by the Health Authority.

5.

The surface on which the entire outdoor food establishment area is located must be sloped or constructed with drains such that water will not accumulate on the surface.

6.

Approved dust control palliatives must be used on any bare ground within twenty feet of the perimeter of an outdoor food establishment.

7.

Permanent or portable hand washing sinks that are accessible must be provided for use by food handlers and other employees at the outdoor food establishment at all times when the outdoor food establishment is being used and include the following:

8.

An adequate amount of warm, running, potable water under pressure from an approved source with:

a.

Pump soap; and

b.

Individual paper towels.

9.

Portable hand washing facilities must be equipped with a potable water container of at least two (2) gallons. The volume of the wastewater container must be at least one and a half (1.5) times larger than the volume of the potable water container.

10.

Portable hand washing facilities must not be connected to a permanent water supply.

11.

Barriers such as walls, planters, counters, and sneeze guards shall be erected to keep unauthorized persons from access to food, food-contact surfaces, utensils, and equipment.

12.

An outdoor food establishment must comply with the following location requirements:

a.

It must be located on the premises of and within fifty (50) feet of the physical structure of the supporting food establishment.

b.

It must not be located within twenty (20) feet of an outdoor solid waste storage area.

c.

Outdoor cooking equipment must be located in open areas where mechanical ventilation is not considered to be necessary by the Health Authority or by any other entity having applicable regulatory authority.

d.

Outdoor food establishments may be located in vehicle parking lots provided there is no parking allowed within twenty (20) feet of the facilities.

e.

Outdoor food establishments may not be located within twenty (20) feet of any motor vehicle roadway.

f.

Outdoor cooking equipment may not be located in areas below overhanging trees, wires, drainage conduits, or below ignitable surfaces such as tarps, tents, or wooden overhangs unless approval is obtained from the applicable fire authority as specified in these regulations.

g.

Outdoor food establishments may not be located in an area that will create nuisance smoke.

(Ord. No. 2018-5, § XXVIII, 4-19-2018, eff. 3-10-2018)

1.

All foods, including ice, used at the outdoor food establishment, must be obtained from an approved source meaning acceptable to the Health Authority based on a determination of conformity with principles, practices and generally recognized standards that protect public health, as defined by NAC 446.0105.

2.

Food items, single-service utensils and tableware shall not be stored at an outdoor food establishment when the establishment is not in operation.

3.

When it is in operation, food items stored at the outdoor food establishment must be stored in vermin resistant containers and must be maintained at safe temperatures.

4.

Food items must be stored within the perimeter of the establishment and at least six (6) inches above the ground surface covering material of the establishment.

5.

Food items that are within the perimeter of the outdoor food establishment, or are being transported to or from the outdoor food establishment, must be covered or kept in closed containers unless the food items are undergoing preparation or are being readied for service to consumers.

6.

Preparation of food items, except for cooking or basting and seasoning while cooking, is prohibited in any location other than within the supporting food establishment unless the establishment operational plan contains approval from the Health Authority to prepare the food items at the outdoor food establishment.

7.

Condiments for use by consumers must be dispensed in single-service type packaging, in pump style containers, or in protected squeeze bottles, shakers, or similar dispensers.

8.

Non-potentially hazardous food toppings, including, without limitation, minced onions or relish, may be stored in consumer self-service containers provided the containers have attached lids.

9.

Consumer supplied food items shall not be processed, prepared, or served at the outdoor food establishment.

10.

Consumer supplied utensils shall not be used in an outdoor food establishment.

(Ord. No. 2018-5, § XXIX, 4-19-2018, eff. 3-10-2018)

1.

Food-contact equipment used in an outdoor food establishment must be clean to sight and touch;

2.

Non-food contact surfaces of equipment must be kept free of an accumulation of dust, food residue, and other debris.

(Ord. No. 2018-5, § XXX, 4-19-2018, eff. 3-10-2018)

1.

An outdoor food establishment must be attended by a food handler from its supporting food establishment at all times while the establishment is being used.

2.

For the purposes of this section, "in use" means any time food is being cooked, displayed, stored, served or processed within the perimeter of the establishment.

(Ord. No. 2018-5, § XXXI, 4-19-2018, eff. 3-10-2018)

1.

The Health Authority shall inspect food establishments in Carson City as follows:

a.

Risk Level I. At least one standard inspection shall be conducted each licensing period.

b.

Risk Level II. At least two standard inspections shall be conducted each licensing period.

c.

Risk Level III. At least two standard inspections shall be conducted each licensing period.

2.

Upon arrival to the food establishment, the Health Authority is required to present official credentials and state the intention to conduct an inspection.

3.

The inspection process includes, without limitation, the taking of photographs pertinent to the inspection, and the review of information and records as specified to which the Health Authority is entitled pursuant to NRS 446.890.

4.

The Health Authority shall be allowed to examine and obtain pertinent information concerning food and supplies purchased, received or used, pest control records, and persons employed as specified in NRS 446.890, and any other record deemed reasonably necessary by the Health Authority.

5.

The Health Authority shall verify and document any correction of a critical violation in the following manner:

a.

After observing at the time of inspection a correction of a critical or major violation or HACCP plan deviation, the Health Authority shall enter the violation and information about the corrective action on the inspection report.

b.

After receiving notification that the permit holder has corrected a critical or major violation, or has corrected a deviation from their approved HACCP plan, the Health Authority shall verify the correction of the violation, document the information on an inspection report, and enter the report in the Health Authority's records.

(Ord. 2001-26 § 1, 2001: Ord. 2001-2 § 1, 2001: Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2013-18, § II, 6-6-2013; Ord. No. 2018-5, § XXXII, 4-19-2018, eff. 3-10-2018)

1.

The person in charge shall allow the Health Authority access to the facility during the food establishment's hours of operation, and at other mutually agreed upon times, to determine if the food establishment is in compliance with the regulations in this chapter.

2.

If a person denies access to the Health Authority, the Health Authority shall:

a.

Inform the person that:

(1)

The permit holder is required to allow access to the Health Authority;

(2)

Access is a condition of the acceptance and retention of a food establishment health permit to operate;

3.

If the person in charge continues to refuse access, the Health Authority shall provide details of the denial of access on an inspection report form.

4.

Contact with the local enforcement agency will be made in accordance with NRS 446.940—440.945 to assist with entrance into the facility.

5.

As specified in NRS 199.300, it is unlawful for any person to directly or indirectly intimidate a public officer or employee.

(Ord. 1996-65 § 2, 1996: Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § XXXIII, 4-19-2018, eff. 3-10-2018)

1.

The Health Authority shall document on an inspection report:

a.

Administrative information about the food establishment's legal identity;

b.

Street and mailing addresses;

c.

Type of establishment;

d.

Inspection date;

e.

Other information including, without limitation:

(1)

Water supply and sewage disposal,

(2)

Status of the health permit,

(3)

Grade of the facility, and,

(4)

Any required management certifications.

2.

Specific factual observations of violations, or other deviations from these ordinances, which require correction by the permit holder include, without limitation:

a.

Failure of the person in charge to demonstrate:

(1)

Knowledge of foodborne illness prevention;

(2)

Application of HACCP principles;

(3)

The requirements specified in this chapter related to food safety.

b.

Failure of food handlers and the person in charge to demonstrate his or her knowledge of the responsibility to report a symptom of a foodborne illness as specified in this chapter.

c.

Non-conformance with a critical or major violation of these regulations.

d.

Failure of the appropriate food handlers to demonstrate his or her knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the Health Authority due to an approved variance or waiver.

e.

Failure of the person in charge to provide records required by the Health Authority for determining conformance with a HACCP plan.

f.

Non-conformance with critical limits of a HACCP plan.

g.

Non-conformance with non-critical violations of these ordinances.

3.

The Health Authority shall specify, on the inspection report form, the time frame for correction of the violations as follows:

a.

To immediately cease and desist an operation if an imminent health hazard exists.

b.

After demerits are recorded, a permit holder may at the time of inspection, correct a critical or major violation of these regulations.

c.

Considering the nature of the potential hazard of the critical or major violation involved, and the complexity of the corrective action needed, the Health Authority may agree to or specify a longer time frame, not to exceed fifteen (15) business days after the inspection, for the permit holder to correct critical or major violations. Depending on the violation, the Health Authority may impose additional restrictions on the facility for the allotted time frame.

d.

The permit holder shall correct non-critical violations by the next inspection or within a time specified under the compliance schedule.

4.

At the conclusion of the inspection the Health Authority shall:

a.

Provide the original of the completed inspection report, and the notice to correct violations, to the permit holder or to the person in charge.

b.

Request a signed acknowledgement of receipt on the inspection form.

c.

Post the appropriate grade, based upon the inspection findings and the condition of the facility, at the time of inspection.

d.

State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the Health Authority within ten (10) calendar days.

e.

If an appeal is requested pursuant to section 4(d), any findings provided to the public will include notification of the appeal request.

5.

A person who declines to sign an acknowledgment of receipt of inspection findings will be informed by the Health Authority that:

a.

An acknowledgment of receipt does not constitute an agreement with findings.

b.

Refusal to sign an acknowledgment of receipt will not nullify the permit holder's obligation to correct the violations noted in the inspection report within the time frames specified.

c.

A refusal to sign an acknowledgment of receipt shall be documented on the voucher and placed in the Health Authority's historical file for the food establishment.

6.

Should a person in charge refuse to sign an acknowledgement of receipt, the Health Authority shall provide the original of the unsigned inspection voucher to the person in charge.

7.

The Health Authority shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in State statute or regulation.

(Ord. No. 2018-5, § XXXIV, 4-19-2018, eff. 3-10-2018)

1.

Every food establishment in Carson City shall display, in a place designated by the Health Authority, a placard provided by the Health Authority stating the grade received at the time of the most recent inspection of the establishment, but temporary food establishments shall not be subject to grading.

2.

The placard must be placed within eight (8) feet of the main entrance of the food establishment, in a location that is clearly visible to patrons walking in from the outside of the food establishment.

(Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § XXXV, 4-19-2018, eff. 3-10-2018)

1.

Food establishment grades shall be determined as follows:

a.

An "A" grade means an establishment having a demerit score of not more than 10.

b.

A "B" grade means an establishment having a demerit score of more than 10 but not more than 20.

c.

A "C" grade means an establishment having a demerit score of more than 20 but not more than 40.

d.

A "Closed" grade means; an establishment has a demerit score of more than 40, or an imminent health hazard exists such that the food establishment cannot be safely operated.

2.

Consequences of grades will occur in the following manner:

a.

If the establishment receives more than forty (40) demerits, the health permit shall be suspended immediately and the premises marked as closed. The establishment shall remain closed until the permit holder has corrected the violations, paid any applicable fees, and a reinspection is conducted that results in an "A" grade.

b.

A food establishment found to have an imminent health hazard may, at the discretion of the Health Authority, be issued a cease and desist order and be closed.

c.

Food establishments who are closed, or who have a history of non-compliance, including repeated critical or major violations, may be required by the Health Authority to attend a supervisory conference prior to an inspection to reopen the facility taking place.

(Ord. 1996-65 § 3, 1996: Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § XXXVI, 4-19-2018, eff. 3-10-2018)

1.

Except as provided in subsection 3., if a permit holder reasonably believes that an imminent health hazard exists, the permit holder shall immediately discontinue operations and:

a.

Notify the Health Authority as soon as possible of the belief that an imminent health hazard exists because of an emergency, including, without limitation, fire, flood, water service outage, interruption of power service for longer than two (2) hours, lack of adequate refrigeration, sewage backup, misuse of poisonous or toxic materials, onset of a suspected food borne illness outbreak, gross unsanitary occurrences or conditions, or any other circumstance that may endanger public health; and

b.

The permit holder shall correct the imminent health hazard, notify the Health Authority when all imminent health hazards have been corrected, and obtain approval from the Health Authority before resuming operations.

2.

Facilities documented by the Health Authority to be operating under conditions of an imminent health hazard, and that were issued an immediate cease and desist order, shall pay applicable fees and pass a reopening inspection, requiring a grade of "A." To obtain a grade of "A" upon reinspection, all critical or major violations must be fixed.

3.

If an imminent health hazard exists only in a partial area of the establishment, and the imminent health hazard is contained to the partial area, a permit holder need not discontinue operations the other unaffected areas.

(Ord. No. 2018-5, § XXXVII, 4-19-2018, eff. 3-10-2018)

1.

The following food establishments shall be reinspected by the Health Authority to ensure correction of violations:

a.

Food establishments who do not receive a grade of "A."

b.

Food establishments found to have an imminent health hazard.

c.

Food establishments who have been marked as "closed."

2.

A permit holder has a duty to correct violations noted on the inspection report. For food establishments that require a reinspection, a permit holder must bring the food establishment into compliance and request a reinspection within fifteen (15) business days after the initial inspection.

3.

The Health Authority will perform a reinspection within five (5) business days following receipt of the request and payment for reinspection.

(Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § XXXVIII, 4-19-2018, eff. 3-10-2018)

1.

Health permits issued under the provisions of these ordinances may be suspended temporarily or revoked by the Health Authority for failure of the permit holder to comply with the requirements of these regulations.

2.

Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of these regulations, the permit holder or operator will be notified in writing that the permit is, upon service of the notice, immediately suspended. The notice must contain a statement informing the permit holder or operator that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Health Authority within ten (10) calendar days.

3.

Whenever the Health Authority finds an unsanitary or other condition in the operation of a food establishment which, in its judgment, constitutes a substantial or imminent hazard to the public health, the Health Authority may without warning, notice, or a hearing, issue a written order to the permit holder or person in charge citing the condition, specifying the corrective action to be taken, and specifying the time within which the action must be taken. The order may state that the permit is immediately suspended and all food operations must be immediately discontinued. Any person to whom such an order is issued shall comply with the order immediately. An opportunity for a hearing will be provided as soon as reasonably practicable if a written request for a hearing is filed with the Health Authority within ten (10) calendar days.

4.

Any person whose permit has been suspended may submit an application for reinspection in an effort to have the permit reinstated after the conditions causing suspension of the permit have been corrected. The application for reinspection must be in writing, signed by the applicant, and be submitted to the Health Authority. The Health Authority will perform a reinspection within five (5) business days following receipt of the request and payment for reinspection. If the Health Authority finds the conditions have been corrected, the permit will be reinstated.

5.

For serious or repeated violations of any of the requirements of these regulations, or for interference with the Health Authority in the performance of his or her duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Health Authority. Before taking such an action the Health Authority shall notify the permit holder, in writing, stating the reasons the permit may be subjected to revocation and advise the permit holder of the opportunity for a hearing to contest the matter. Nevertheless, a permit may be suspended temporarily for cause, pending a hearing or pending permanent revocation.

a.

A request for a hearing must be submitted to the Health Authority by the permit holder within five (5) calendar days following the service of the notice, not including the day the notice is served. If no request for a hearing is submitted within the required timeframe, the permit may be permanently revoked by the Health Authority.

6.

The hearings provided for in this section shall be conducted at a time and place designated by the Health Authority. Based upon the record of the hearing, the Health Authority shall make a finding and may sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the Health Authority.

7.

Once a permit has been revoked, the permit operator is to discontinue all food activity associated with the food establishment in question. Failure to do so may result in:

a.

The Health Authority requesting an injunction from the First Judicial District Court; or

b.

The Health Authority referring the non-compliance to the District Attorney for prosecution.

8.

Once the timeframe for an appeal has passed, any food remaining at the location in question may be confiscated and destroyed by the Health Authority.

(Ord. 1996-65 § 4, 1996: Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § XXXIX, 4-19-2018, eff. 3-10-2018)

1.

A business license to operate a food establishment issued to a person owning or operating such food establishment shall be revoked when such person's food establishment permit has been revoked by the board of health, and no new license may be issued until such person has approval from the board of health.

2.

Carson City Business License Department shall be notified by the Health Authority of the revocation of any permit.

(Ord. 1996-65 § 5, 1996: Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § XL, 4-19-2018, eff. 3-10-2018)

1.

As specified in NRS 585.360. as specified in NRS 585.360, whenever the Health Authority or any of the Commissioner's authorized agents finds in any room, building or other structure, or vehicle of transportation, any meat, seafood, poultry, vegetable, fruit or other perishable articles which are unsound, or contain any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the Commissioner or the Commissioner's authorized agents shall forthwith condemn or destroy the same, or in any other manner render the same unusable as human food.

2.

As specified in NRS 446.920:

a.

Food may be examined or sampled by the Health Authority as often as may be necessary to determine freedom from adulteration or misbranding. The Health Authority may, upon written notice to the owner or person in charge, place a hold order on any food which the Health Authority has determined, or has probable cause to believe, the food to be unwholesome or otherwise adulterated or misbranded.

b.

Under a hold order, food shall be allowed to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice, or tag placed on food by the Health Authority. Neither such food, nor the containers thereof, shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without approval of the Health Authority, except by order of a court of competent jurisdiction.

c.

The owner or person in charge may make a written request for a hearing as specified in NRS 446.895(5). On the basis of evidence produced at such hearing, or on the basis of an examination if a written request for a hearing is not received within ten (10) business days, the Health Authority may vacate the hold order, issue a written order, or direct the owner or person in charge of the food which was placed under the hold order, to denature or destroy such food or to bring it into compliance with the provisions of these ordinances. Such order of the Health Authority to denature or destroy such food or bring it into compliance with the provisions of these ordinances shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) calendar days.

d.

When not on a hold order by the Health Authority operators may voluntarily dispose of food believed to be unwholesome or otherwise adulterated or misbranded.

(Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § XLI, 4-19-2018, eff. 3-10-2018)

Food from establishments outside the jurisdiction of the Carson City Health Authority may be sold within Carson City if such food establishments conform to the provisions of this chapter, or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the Health Authority may accept reports from responsible authorities in the jurisdictions where such food establishments are located.

(Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § XLII, 4-19-2018, eff. 3-10-2018)

If, after the effective date of this chapter, a food establishment is constructed or extensively remodeled, or if an existing structure is converted for use as a food establishment, properly prepared plans and specifications for such construction materials of work areas, and the location, size and type of fixed equipment and facilities shall be submitted to the Health Authority for approval before such work is begun.

(Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § XLIII, 4-19-2018, eff. 3-10-2018)

1.

The Health Authority shall act, as specified in NAC 441A, when it has reasonable cause to believe that a food handler may be infected with an illness in a communicable form that is transmissible through food, may be a carrier of infectious agents that cause a disease that is transmissible through food, or is affected with a boil, an infected wound, or acute respiratory infection. Actions may include those specified in NAC 441A.530, Foodborne Disease Outbreak, and as required for the particular disease as specified in NAC 441A.

2.

Based on the findings of an investigation related to a food handler who is suspected of being infected as specified in this chapter, the Health Authority may issue an order to the suspected food handler or permit holder instituting one or more of the following control measures:

a.

Restricting the food handler;

b.

Excluding the food handler;

c.

Closing the food establishment by summarily suspending a permit to operate in accordance with NRS 446.935(2)(b);

3.

If the Health Authority finds, based upon investigation, that disease is present and it is necessary to control disease transmission, the Health Authority may issue an order of restriction or exclusion to a suspected food handler or the permit holder without prior warning, notice of a hearing, or a hearing.

4.

The food handler shall remain restricted or excluded until released to return to work by the Health Authority in accordance with NAC 441A.

(Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § XLIV, 4-19-2018, eff. 3-10-2018)

1.

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor. In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation.

2.

In addition to the provisions of this chapter, the Health Authority may impose operational or menu restrictions on a food establishment to protect against potential health hazards if it finds facilities or equipment are inadequate to protect public health.

(Ord. 1980-31 § 2 (part), 1980).

(Ord. No. 2018-5, § XLV, 4-19-2018, eff. 3-10-2018)

Should any section, sentence, clause, phrase, or word of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

(Ord. 1980-31 § 2 (part), 1980).

1.

"Air contaminant" means any dust, fumes, gas, mist, smoke, vapor, odor, or particulate matter, or any combination thereof, but does not include water vapor or droplets.

2.

"Air pollution" means the pressure in the outdoor atmosphere of one or more air contaminants or any combination thereof, in sufficient quantities and of such characteristics and duration as is likely to be injurious to public welfare, to the health of human, plant or animal life, or to property, or which unduly interferes with the enjoyment of life or property, or which limits visibility or interferes with scenic, esthetic or historic values of the state.

3.

"Atmosphere" means the portion of air which envelops the earth that is not contained in any enclosed building or structure.

4.

"Control officer" means the Carson City health official or designee.

5.

"Fumes" means minute solid particles generated by the condensation of vapors from solid matter after volatilization from the molten state, or may be generated by sublimination, distillation, calcination or chemical reaction, when these processes create airborne particles.

6.

"Gas" means matter which has neither independent shape nor volume and tends to expand indefinitely.

7.

"Gasoline" is defined as any petroleum distillate having a Reid Vapor Pressure of four (4) pounds per square inch or greater.

8.

"Gasoline vapors" means the organic compounds in the displaced vapors including any entrained liquid gasoline.

9.

"Odor" means those qualities of matter which make it perceptible to the olfactory senses of man.

10.

"Person" or "persons" means any individual, firm, association, organization, partnership, business trust, private or public corporation, company, department or bureau of the state, federal government, municipality or any officer, agent or employee thereof, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

11.

"Ringlemann Chart" means the chart published by the U.S. Bureau of Mines on which are illustrated graduated shades of gray or black for use in estimating the light-obscuring capacity of smoke.

12.

"Smoke" means small particles consisting predominantly, but not exclusively, of carbon, ash and other combustible material, resulting from incomplete combustion.

13.

"Source" means any property, real or personal, which directly emits or may emit any air contaminant.

14.

"Stack" means a stack, chimney, flue, duct, or other opening for the purpose of carrying smoke, dust, gas, vapor, or odor into the atmosphere.

15.

"Stop work order" means a written notice by the control officer served on a person or persons causing or engaging in the construction, installation, alteration, or operation or any work involving an air contaminant source or sources ordering such work to be stopped.

16.

"Woodstove/fireplace insert" means a solid-fuel-fired appliance with a closed fire chamber which maintains an air-to-fuel ratio of less than thirty (30) during the burning of ninety percent (90%) or more of the fuel mass consumed in the low-firing cycle. The low-firing cycle means less than or equal to twenty-five percent (25%) of the maximum burn rate achieved with doors closed or the minimum burn rate achievable.

(Ord. 1995-38 § 2, 1995: Ord. 1986-11 § 1, 1986; Ord. 1980-8 § 1 (part), 1980: Ord. 1978-29 § 2, 1978).

1.

The administrative enforcement of this chapter shall be performed by the control officer.

2.

The control officer or designee shall have the power and authority to enforce the provisions of this chapter; to issue a notice of violation when there is reasonable cause to believe that a person is violating this chapter; to issue warning and give any violator an opportunity to correct the cause of the violation before the filing of a formal complaint, or in the event the control officer has served upon the violator a notice of violation and said violator has not corrected the violation within a reasonable time, as determined by him, to request the district attorney, or other proper persons, agency or prosecuting authority in Carson City to prosecute a criminal action against the violator.

(Ord. 1995-38 § 7, 1995: Amended by Ord. 1978-29 § 6, 1978).

1.

Any person believing himself or herself aggrieved by a decision or action of the control officer may, within ten (10) days, request in writing that the board of supervisors hold a hearing. Each written request for a hearing shall be made upon an application form to be obtained from the control officer.

2.

The board of supervisors shall hold a hearing to decide the appeal and may decide the affirmance, modification or reversal or any action taken by the control officer which is the subject of the appeal.

3.

The board of supervisors shall be governed by the Nevada State Air Quality Regulations or Carson City Municipal Code, whichever is more stringent.

(Ord. 1995-38 § 9, 1995: amended by Ord. 1978-29 § 8, 1978).

1.

It is unlawful to sell or offer for sale any solid fuel, for use by any solid fuel appliance or stove, which is not certified by the control officer to contain a level of sulphur at or below 0.50 percent by weight, as measured on a dry basis.

2.

A vendor requesting certification by the air pollution control officer must provide information in writing as to the sulphur content of the fuel from the source.

(Ord. 1995-38 § 14, 1995: Ord. 1981-48 § 1, 1981).

1.

Emission Standard. On or after September 1, 1991, no person shall advertise to sell, offer to sell, sell or install any woodstove/fireplace insert for use or installation in Carson City that emits more than eight and one-half (8.5) grams of particulate matter per hour for a noncatalytic appliance or five and one-half (5.5) grams of particulate matter per hour for a catalytic appliance. On July 1, 1992, U.S. Environmental Protection Agency standards of seven and one-half (7.5) grams per hour for a noncatalytic appliance and four and one-tenth (4.1) grams per hour for a catalytic appliance will become effective and will supercede the standards in this section.

2.

Labeling. Each woodstove/fireplace insert sold or installed on or after November 1, 1987 shall bear a certification from the manufacturer that the appliance meets the emission standard as stated in this section. Each woodstove/fireplace insert displayed or advertised which does not meet the above emission standard shall be clearly labeled that installation or use is unlawful in Carson City.

3.

Certification. A woodstove/fireplace insert will be considered certified if it meets current standards adopted by the U.S. EPA, the state of Oregon or the state of Colorado.

4.

Enforcement.

a.

No local government authority within Carson City may issue a building permit to any person who wishes to install a woodstove/fireplace insert on or after November 1, 1987 which does not meet the emission standard or certification requirements of this section.

b.

The control officer shall on November 1, 1987 and periodically thereafter inspect wholesale and retail outlets for woodstove/fireplace inserts to ascertain their compliance with this section.

5.

Dealer's (Seller's)/Buyer's Affidavit of Sale. On the sale or installation of any woodstove/fireplace insert in Carson City the dealer (seller) shall completely fill out the dealer's affidavit of sale on the form provided by the Carson City health division. The original of the dealer's affidavit of sale shall be delivered to the Carson City health division in accordance with the schedule established by the health official. If the woodstove/fireplace is purchased outside of Carson City the buyer shall fill out the buyer's affidavit of purchase on the form provided by the Carson City health division within thirty (30) days of said purchase.

(Ord. 1995-38 § 15, 1995: Ord. 1991-27 § 1, 1991: Ord. 1988-10 § 1, 1988: Ord. 1986-11 § 2, 1986).

The following regulations shall apply to mobile equipment operated in Carson City:

1.

All buses and trucks while loading or unloading shall not have their engines at idle for a period of more than three (3) minutes.

2.

No person shall operate or leave standing on any highway any motor vehicle which is required by state or federal law to be equipped with a motor vehicle pollution-control device, unless such device is correctly installed and in operating condition. No person shall disconnect, alter or modify any such required device. The provisions of this regulation shall not apply to an alteration or modification found by the control officer not to reduce the effectiveness of any required motor vehicle emission-control device. Neither shall the provisions of this regulation apply to an alteration or modification of a motor vehicle to fuel use other than gasoline or diesel fuel where such alteration or modification is effected without violating existing federal and state standards for the control of exhaust emissions.

3.

No gasoline-powered motor vehicle shall be operated which emits visible smoke while moving for a distance of more than one hundred (100) yards upon the streets, roads, and highways.

4.

Visible emissions of diesel-powered motor vehicles or special mobile equipment operated at or below five thousand feet (5,000') elevation and manufactured on or after January 1, 1970, shall not exceed an opacity of twenty percent (20%) for more than fifteen (15) consecutive seconds or for periods aggregating more than five (5) minutes in any one hour. Visible emissions of diesel-powered motor vehicles or special mobile equipment operated at or below five thousand feet (5,000') elevation and manufactured before January 1, 1970, shall not exceed an opacity of forty percent (40%) for more than fifteen (15) consecutive seconds or for periods aggregating more than five (5) minutes in any one (1) hour.

5.

Visible emissions of diesel-powered motor vehicles or special mobile equipment operating above five thousand feet (5,000') elevation shall not exceed an opacity of forty percent (40%) for more than fifteen (15) consecutive seconds or for periods aggregating more than five (5) minutes in any one (1) hour.

6.

Except as provided by federal regulation, no person shall operate a device manufactured on or after January 1, 1970, used exclusively upon stationary rails at or below five thousand feet (5,000') elevation where the period of continuous visible emission is of an opacity greater than forty percent (40%) for more than fifteen (15) consecutive sections. Visible emissions for devices used exclusively upon stationary rails operated above five thousand feet (5,000') elevation shall not exceed an opacity greater than sixty percent (60%) for more than fifteen (15) consecutive seconds.

7.

Except as provided by federal regulation, visible emissions for devices manufactured prior to January 1, 1970, used exclusively upon stationary rails shall not exceed an opacity greater than sixty percent (60%) for more than fifteen (15) consecutive seconds.

8.

Exceptions to this section shall be the following:

a.

Scheduled maintenance or repairs which result in emissions of air contaminants performed in an area determined by the control officer as constituting a repair shop do not violate this regulation.

b.

Diesel-powered motor vehicles and special mobile equipment may exceed the visible emissions set forth in subsections 4 and 5 for not longer than fifteen (15) minutes for stationary warmup of cold engines to achieve operating temperatures.

c.

Visible emissions in excess of those set forth in subsections 6 and 7 do not violate the requirements of this regulation if the visible emissions occur:

(1)

During maintenance or repairs;

(2)

For a period of forty (40) consecutive seconds or less during acceleration under load;

(3)

For a period of four (4) consecutive minutes or less when loaded after a period of idle;

d.

The visible emission standards as set forth in paragraph 3 do not apply to motor vehicles bearing "Horseless Carriage" license plates issued pursuant to NRS 482.380 or "Old Timer" license plates issued pursuant to NRS 482.381 when such vehicles are used for club activities, exhibitions, tours, parades or similar activities provided such vehicles are not used for general transportation.

(Ord. 1982-33 § I, 1982; Ord. 1980-8 § 5, 1980).

It is unlawful for any person:

1.

To hinder, obstruct, delay, resist, interfere with, or attempt to interfere with, the control officer, or any individual to whom authority has been duly delegated for the performance of any duty by this chapter;

2.

To refuse to permit the control officer or any individual to whom such authority has been delegated, to administer or perform any function provided for herein, by refusing him at any reasonable time entrance to property or premises, except a private residence, containing equipment or open fire, discharging or suspected and believed to be discharging, smoke, dust, gas, vapor or odor into the open air; or

3.

To fail to disclose information when requested under oath or otherwise, to the control officer or any individual to whom such authority has been delegated.

1.

It shall be unlawful to discharge any air contaminant in excess of those permitted by the State of Nevada Air Quality Regulations currently in force, and as amended from time to time.

2.

Should the State of Nevada Air Quality Regulations and the Carson City municipal code differ, then the most stringent of the two (2) shall prevail.

(Ord. 1980-36 § 6, 1980).

1.

All persons owning, operating, or in charge or control of any equipment or property, who shall cause, permit, or participate in any violation of this chapter, shall be individually and collectively liable to any penalty or punishment imposed by and under this chapter.

2.

It shall be a defense to any prosecution instituted against any employee of a person owning, operating, or conducting any business, industry or operation that the acts complained of were done and performed pursuant to the orders and directions of such owner or operator, or his agent or representative, conducting such business, industry or operation.

1.

Any person violating any provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) and/or imprisonment in jail for not more than six (6) months. Each day of any such violation shall constitute a separate offense, subject to the foregoing penalties as to fine and/or imprisonment.

2.

A valid certificate of compliance, issued by a certified motor vehicle inspection station within thirty (30) days after the issuance of a citation for violation of Section 9.06.110, may be accepted by the court as a complete or partial mitigation of said offense.

(Ord. 1995-38 § 28, 1995: Ord. 1982-33 § II, 1982: Ord. 1978-29 § 13, 1978).

The provisions of this chapter are severable. Should any portion thereof be declared invalid or unconstitutional, it shall not affect any other portion.

(Ord. 1978-29 § 14, 1978).

1.

"Person" means any person, firm, partnership, association, corporation, company, governmental agency, club, or organization of any kind.

2.

"Public pool" means any structure, basin, chamber, or tank containing an artificial body of water intended to be used collectively by numbers of persons for swimming or bathing operated by any person whether he be owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for use. It does not include pools at private residences which are controlled by the homeowner, the use of which is limited to swimming or bathing by members of his family or their invited guests.

(Ord. 1980-34 § 1 (part), 1980).

1.

No person shall operate or maintain a public pool in Carson City without a valid pool operator's permit.

2.

Each person who operates or maintains a public swimming pool in Carson City must attend and successfully complete a certification training course, conducted by or approved by the Carson City health department.

a.

Exemption: A person who has had a minimum of one (1) year's experience in the operation of a pool shall not be required to attend a training course. He may instead pass a test on pool operation and regulations pertaining to the State of Nevada Regulations Governing Public Bathing Places.

3.

A permit once awarded will be valid indefinitely unless changed by revision of this chapter.

4.

If a training course is not available, any person may be awarded a permit after completion of a home study course and by obtaining a passing grade on a test of pool operations and regulations.

5.

It shall be the responsibility of the owner or operator of a swimming pool to have an authorized person to maintain the pool.

6.

Failure to comply with the regulations shall result in the immediate closure of the pool. A written order shall be issued to the owner or operator to close the pool immediately and prohibit any person from using it.

a.

Upon compliance with these regulations, the pool may be reopened for use.

7.

No permit shall be issued until a fee of five dollars ($5.00) is received by the Carson City health department.

8.

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor. In addition, such person(s) may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation.

(Ord. 1980-34 § 1 (part), 1980).

Should any section, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

(Ord. 1980-34 § 1 (part), 1980).

There is created a city department of human services and employee health which consists of such officers and employees as are appointed by the city manager. The human services and employee health department is expressly authorized to exercise and perform those duties granted to the board of supervisors under Chapters 428, 450 and 439B of the Nevada Revised Statutes, as amended, and any other chapter relating to the care of indigent persons.

(Ord. 1994-36 § 2, 1994: Ord. 1992-58 §§ 2 (part), 4 (part), 1992).

A.

The department shall discharge all duties and administer all welfare policies, group medical and programs as the board of supervisors may lawfully delegate to the department.

B.

The city manager may direct the department to:

1.

Make decisions regarding disposition of grants and funds budgeted for the city department of welfare;

2.

Develop policy and procedures for the city department of welfare, group medical and insurance program, subject to approval by the board of supervisors;

3.

Make decisions and act in emergency situations without the prior approval of the board of supervisors;

4.

Employ staff members, determine salaries, and other expenses necessary for the proper functioning of the department with approval of the board of supervisors.

(Ord. 1994-36 § 3, 1994: Ord. 1992-58 §§ 2 (part), 4 (part), 1992).

A.

The human services and employee health department will be operated in accordance to the department's guidelines manual. The manual will be established to depict:

1.

Organization;

2.

Case management;

3.

Eligibility standards;

4.

Program management;

5.

Eligibility determination;

6.

Services provided;

7.

Grants.

B.

The guidelines of the welfare function should be consistent with the guidelines of the Nevada Rural County Welfare Department, recognizing that modifications may be necessary to comply with the city code, the Nevada Revised Statutes and good welfare administration practices.

C.

The manual shall be effective upon adoption by the board of supervisors.

(Ord. 1994-36 § 4, 1994: Ord. 1992-58 §§ 2 (part), 4 (part), 1992).

The following term, whenever used or referred to in this chapter, shall have the following meaning, except in those instances where the contents clearly indicate otherwise.

"Victim of sexual assault" means a person who has been sexually assaulted as defined by NRS 200.366.

(Ord. 1981-47 § 1 (part), 1981)

Any costs incurred by a victim of a sexual assault for the examination of the victim when such examination is performed for the purpose of gathering evidence for possible prosecution, or for initial emergency medical care, shall be paid by the county consistent with NRS 449.244. Initial emergency medical care is determined to be that medical care provided in an emergency services area of a general hospital and to a maximum time limit of twenty-four (24) hours. Initial emergency medical care must occur within forty-eight (48) hours of the sexual assault. In the case of a juvenile, initial emergency medical care must occur within forty-eight (48) hours from the time sexual assault was reported to law enforcement officials. The city welfare department shall develop payment procedures and may consider extending the time limitations for payment if there are extenuating circumstances.

(Ord. 1981-47 § 1 (part), 1981).

(a)

Any qualifying victim or spouse of a victim of a sexual assault may make application for counseling and medical treatment through Carson City welfare office.

(b)

The welfare office shall secure the following:

(1)

An application from the victim containing all information surrounding the sexual assault;

(2)

An affidavit from the victim that conforms to the requirements of NRS 217.310;

(3)

All hospital records and bills concerning the incident;

(4)

All police records concerning the incident;

(5)

Any other pertinent information, such as a criminal complaint.

(c)

The welfare office shall review all applications and supporting information for counseling and medical treatment to determine that the following requirements have been satisfied:

(1)

The applicant is a victim of sexual assault, spouse, or the parent or guardian of such a victim;

(2)

The sexual assault occurred in Carson City;

(3)

The victim requires medical treatment for physical injuries, or the victim or spouse has suffered emotional trauma as a result of the sexual assault;

(4)

A crime report has been filed with the appropriate law enforcement agency;

(5)

The application for treatment is made within sixty (60) days after the date of the sexual assault;

(6)

The sexual assault was reported to the sheriff's office within three (3) days after its occurrence, or if the offense could not reasonably have been reported within that period, within three (3) days after the time when a report could reasonably have been made; and

(7)

The physician treating the victim of sexual assault for physical injury sustained, or the psychologist, psychiatrist or counselor treating the victim or the victim's spouse for emotional trauma suffered as a result of the sexual assault shall certify that the counseling or medical treatment is directly related to the sexual assault.

(d)

If the conditions of subsection (c) have been met, the welfare office is authorized to approve the victim's or spouse's application without specific approval of the board of supervisors.

(e)

An applicant who has been denied medical treatment and/or counseling under this section may within five (5) days of such denial, make an appeal to the board of supervisors for a fair hearing to be held in a timely manner.

(f)

Upon approval of the victim's or spouse's application, the welfare office shall arrange medical treatment and/or counseling at a county hospital or other facility with which the board has contracted for the purpose of providing such treatment and shall transmit all valid claims to the finance director for payment, such payment not to exceed the limits set forth in Section 9.09.050.

(Ord. 1981-47 § 1 (part) 1981).

All psychological treatment and counseling of a victim of sexual assault or the victim's spouse is to be provided by a psychiatrist, a board-certified psychologist, or a board-certified marriage and family counselor.

(Ord. 1981-47 § 1 (part), 1981).

After approval of the application and program for counseling and medical treatment provided pursuant to this chapter, all costs should be paid by the city, not to exceed one thousand dollars.

(Ord. 1981-47 § 1 (part), 1981).

Whenever the payment is made, the victim shall sign an agreement with Carson City providing that Carson City will be reimbursed for all medical and counseling treatment costs paid by the city in the event the victim should bring an action against the offender and recover such costs.

(Ord. 1981-47 § 1 (part), 1981).

All parties knowingly assisting in the preparation or payment of fraudulent applications shall be prosecuted for a misdemeanor offense.

(Ord. 1981-47 § 1 (part), 1981).

1.

"Carnival or amusement ride" means a device which carries or conveys passengers along, around or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills or excitement.

2.

"Certificate of inspection" means a certificate or permit issued by a federal, state or local governmental entity or an insurance company which indicates that an inspection of the carnival or amusement ride has been performed pursuant to the rules and regulations of that entity.

(Ord. 1980-38 § 1, 1980).

No person shall operate a carnival or amusement ride without a certificate of inspection issued for the current year or not more than one year prior to its proposed operation in Carson City.

(Ord. 1980-38 § 2, 1980).

The owner(s) or operator(s) of a carnival or amusement ride, circus or tent show shall sign an indemnification agreement which shall be in substantially the following form prior to beginning operations in Carson City:

 ___________(print name), for and in consideration of the privilege of operating ___________ (describe activity) shall indemnify and save harmless the City, its officers, agents and employees, from and against any and all claims, demands, loss or liability of any kind or nature which the City, its officers, agents and employees, or any of them, may sustain or incur or which may be imposed upon them or any of them, for injury to or death of persons or damage to any property in connection with any activity of the owner or operator of said activity.

Date:________

___________
(Signature)

___________
(Title)

(Ord. 1980-38 § 3, 1980).

The owner(s) or operator(s) of a carnival, tent show, circus or amusement ride, device or concession shall provide proof of insurance, in the form of a certificate of insurance prior to the start of operations, with carriers satisfactory to the city with minimum limits of one million dollars ($1,000,000.00) per occurrence for bodily injury liability, and one million dollars ($1,000,000.00) each occurrence for property damage liability. Forms of coverage will include, but are not limited to:

1.

Premises and operations.

2.

Products-completed operations.

3.

Acts of independent contractors.

4.

Hired and nonowned automobiles.

(Ord. 1980-38 § 4, 1980).

This chapter shall be known and may be cited in all proceedings as the "Imitation Controlled Substance Ordinance."

(Ord. 1982-5 § 1 (part), 1982).

As used in this chapter:

1.

"Controlled substance" means a drug, substance or immediate precursor listed in schedules I to V, inclusive, of the Uniform Controlled Substances Act.

2.

"Imitation controlled substance" means a substance which does not contain a controlled substance but which is manufactured to resemble a controlled substance or is represented to contain a controlled substance or would otherwise lead a reasonable person to believe that it contains a controlled substance.

3.

"Manufacture" means the production, preparation, compounding, processing, encapsulating, packaging, or labeling of an imitation controlled substance.

4.

"Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of an imitation controlled substance, whether or not there is an agency relationship.

5.

"Practitioner" means a practitioner as defined by NRS 453.126.

(Ord. 1982-5 § 1 (part), 1982).

It is unlawful for any person knowingly or intentionally to manufacture, sell, advertise for sale, deliver or possess an imitation controlled substance. Any person who violates this section shall be guilty of a misdemeanor and upon conviction thereof, shall 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. Each day that a person is in violation of this chapter shall constitute a separate offense.

(Ord. 1982-5 § 1 (part), 1982).

The prohibition set forth in Section 9.11.030 of this chapter shall not apply to persons registered under the Uniform Controlled Substances Act to manufacture, distribute, dispense, prescribe or possess an imitation controlled substance for use as a placebo by a practitioner in the course of professional practice or research.

(Ord. 1982-5 § 1 (part), 1982).

It is declared to be the policy of the City of Carson, state of Nevada in the exercise of its police power for the public safety, public health, and general welfare to assure equal opportunity to all persons to live in decent housing facilities regardless of race, color, religion, sex or national origin and, to that end, to prohibit discrimination in housing by any person.

(Ord. 1986-33 § 1 (part), 1986)

When used in this chapter:

1.

"Real property" includes buildings, structures, lands, tenements, leaseholds, cooperatives and condominiums.

2.

"Discrimination" or "discriminatory housing practice" means any difference in treatment based upon race, color, religion, sex, or national origin; or any act that is unlawful under this chapter.

3.

"Person" includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations.

4.

"Owner" includes a lessee, sublessee, co-tenant, assignee, managing agent or other person having the right of ownership or possession, or the right to sell, rent or lease any housing accommodation.

5.

"Financial institution" includes any person, as defined in this section, engaged in the business of lending money or guaranteeing losses.

6.

"Real estate broker" or "real estate salesmen" includes any individual, qualified by law, who, for a fee, commission, salary or for other valuable consideration, or who with the intention or expectation of receiving or collecting same, lists, sells, purchases, rents, or leases any housing accommodations, including options thereupon, or who negotiates or attempts to negotiate a loan, secured by a mortgage or other encumbrance, upon transfer of any housing accommodation; or who is engaged in the business of charging an advance fee or contracting for collection a fee in connection with a contract whereby he undertakes to promote the sale, purchase, rental or lease of any housing accommodation through its listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.

7.

"Housing accommodation" or "dwelling" means any building, mobile home or trailer, structure, or portion thereof which is occupied as, or designed, or intended for occupancy, as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, mobile home or trailer, structure, or portion thereof or any real property, as defined in this section, used or intended to be used for any of the purposes set forth in this subsection.

8.

"Mortgage broker" means an individual who is engaged in or who performs the business or services of a mortgage broker as the same are defined by law.

9.

"Open market" means the market is informed of the availability for sale, purchase, rental or lease of any housing accommodation, whether informed through a real estate broker or by advertising by publication, signs or by any other advertising methods directed to the public or any portion thereof, indicating that the property is available for sale, purchase, rental or lease.

(Ord. 1986-33 § 1 (part), 1986).

In connection with any of the transactions set forth in this section which affect any housing accommodation on the open market, or in connection with any public sale, purchase, rental, or lease of any housing accommodation, it shall be unlawful within the City of Carson, state of Nevada, for a person, owner, financial institution, real estate broker or real estate salesman, or any representative of the above to:

1.

Refuse to sell, purchase, rent or lease, or deny to or withhold any housing accommodation, from a person because of his race, color, religion, ancestry, national origin, sex or place of birth; or

2.

To discriminate against a person in the terms, conditions or privileges of the sale, purchase, rental or lease of any housing accommodation, or in the furnishing of facilities or services in connection therewith; or

3.

To refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation from or to a person because of his race, color, religion, ancestry, national origin, sex or place of birth; or

4.

To refuse to negotiate for the sale, purchase, rental or lease of any. housing accommodation to a person because of his race, color, religion, ancestry, national origin, sex, or place of birth; or

5.

To represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodation, because of his race, color, religion, or national origin, sex or place of birth; or

6.

To make, publish, print, circulate, post or mail, or cause to be made, published, printed, circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, purchase, rental, lease or financing of any housing accommodation, or to make a record of inquiry in connection with the prospective sale, purchase, rental, lease, or financing of any housing accommodation, or to make record of inquiry in connection with the prospective sale,. purchase, rental, lease or financing of any housing accommodation, which indicated any discrimination or any intent to make a discrimination;

7.

To offer, solicit, accept or use a listing of any housing accommodation for sale, purchase, rental or lease with the understanding that a person may be subjected to discrimination in connection with such sale, purchase, rental or lease, or in the furnishing of facilities or services in connection therewith; or

8.

To induce directly or indirectly, or attempt to induce directly or indirectly, the sale, purchase, rental or lease, or the listing for any of the above, of any housing accommodation by representing that the presence or anticipated presence of persons of any particular race, color, religion, sex or national origin or place of birth in the area to be affected by such sale, purchase, rental or lease will or may result in either:

a.

The lowering of property values in the area,

b.

An increase in criminal or antisocial behavior in the area, or

c.

A decline in the quality of schools serving the area;

9.

To make any misrepresentations concerning the listing for sale, purchase, rental or lease, or the anticipated listing for any of the above, or the sale, purchase, rental or lease of any housing accommodation in any area in the city of Carson, state of Nevada for the purpose of including or attempting to induce any such listing or any of the above transactions; or

10.

To engage in, or hire to be done, or to conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear, with the purpose of either discouraging or inducing, or attempting to induce, the sale, purchase, rental, or lease, or the listing for any of the above, of any housing accommodation; or

11.

To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this article, or because he has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this chapter; or

12.

To aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this chapter; or to obstruct or prevent any person from complying with the provisions of this chapter; or any order issued thereunder; or

13.

By canvassing, to commit any unlawful practice prohibited by this chapter; or

14.

Otherwise to deny to, or withhold any housing accommodation from a person because of his race, color, religion, ancestry, national origin, sex or place of birth; or

15.

For any bank, building and loan association, insurance company or other corporation association, firm or enterprise whose business consists in whole or in part, in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loans or other financial assistance, because of the race, color, religion, sex, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given; or

16.

To deny any qualified person access to or membership or participation in any multiple-listing service, organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in their terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, or national origin.

(Ord. 1986-33 § 1 (part), 1986).

This chapter shall not apply to:

1.

A religious organization, association, or society or any nonprofit institution or organization operating, supervised, or controlled by or in conjunction with a religious organization, association, or society, "which it owns or operates for other than commercial purpose" to persons of the same religion, or which gives preference to such persons, unless membership in such a religion is restricted on account of race, color, sex, or national origin.

2.

A private club not in fact open to the public, which as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, and which limits the rental or occupancy of such lodgings to its members or gives preference to its members.

3.

Any single-family house sold or rented by an owner; provided, that such private individual owner does not own more than three (3) such single-family houses at any one time; provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this section shall apply only with respect to one such sale within any twenty-four (24) month period; provided further that such bona fide private individual owner does not own any interest in, nor is there owned or served on this behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) such single-family houses at one time; provided further, the sale or rental of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented:

a.

Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of any employee or agent of any such broker, agent, salesman, or person, and

b.

Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of the provisions of 42 United States Code Section 360.4(c) or of Section 9.12.030 of this chapter; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or

4.

Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one (1) of such living quarters as his residence.

(Ord. 1986-33 § 1 (part), 1986).

Any person aggrieved by an unlawful practice by this chapter may file a complaint with the District Attorney within thirty (30) days after the aggrieved person becomes aware of the alleged unlawful practice, and in no event more than sixty (60) days after the alleged unlawful practice occurred. The District Attorney or his duly authorized representative shall investigate each complaint and attempt to resolve each complaint. Failure to achieve a resolution acceptable to both parties and in compliance with this ordinance shall cause the District Attorney to forward the complaint and his findings to appropriate state and federal officials.

(Ord. 1986-33 § 1 (part), 1986).

Nothing contained in this chapter shall prevent any person from exercising any right or seeking any remedy to which he might otherwise be entitled or from filing his complaint with any appropriate governmental agency.

(Ord. 1986-33 § 1 (part), 1986).

Any person violating any provision of this chapter shall, upon conviction thereof, by punished as a misdemeanor with a fine of up to five hundred dollars ($500.00) and/or imprisonment for a period of up to six (6) months.

(Ord. 1986-33 § 1 (part), 1986).

In case any one or more of the sections, subsections, clauses, or provisions of this chapter, or the application of such sections, subsections, clauses or provisions to any situations, circumstances, or person, shall for any reason be held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect any other section or provisions of this ordinance or the application of such sections, subsections, clauses or provisions to any other situation, circumstance or person, and it is intended that this chapter shall be constructed and applied as if such section had not been included in this ordinance.

(Ord. 1986-33 § 1 (part), 1986).

For purposes of this chapter:

1.

"Autopsy report" includes any report of internal examination, dissection, necropsy or autopsy of a dead body by a physician and any report of laboratory examination, microscopic examination or other technical test performed thereon.

2.

"Board" means the board of supervisors of Carson City.

3.

"Coroner" means the sheriff appointed pursuant to Section 9.13.020 of this chapter, his deputies and assistants.

4.

"County" means the consolidated municipality of Carson City.

5.

"Inquest" means an inquiry before a coroner's jury in the manner specified in Sections 9.13.210 through 9.13.280, inclusive, of this chapter.

6.

"Inspection" or "postmortem examination" includes any external examination or collection of any specimen by a pathologist, physician or the coroner and any microscopic, toxicological, chemical, bacterial or other examination or collection and study of tissues and fluids which the coroner deems necessary to aid him in investigating the cause and manner of a person's death.

7.

"Investigation" means an inquiry by the coroner. "Investigation" includes testimony obtained under oath from any witness.

8.

"Law enforcement official" includes the sheriff, his deputies and assistants and the district attorney and his deputies.

9.

"Medical Examiner" means a physician licensed to practice medicine in the state of Nevada.

10.

"Record" means any report summarized by the coroner for public inspection.

11.

"Report" means a compilation of findings which are filed in the coroner's office in written form, detailed medical reports, the personal history of a deceased person, the result of any medical examination, witnesses' statements, correspondence and findings placed in the coroner's report, all of which are not public records.

12.

"Toxicologist" means a person with special knowledge and skills in the science of toxicology or the study of poisons, chemical, drugs and other toxic substances and their effect on the human body. A toxicologist also has special knowledge of the medical, legal and industrial problems dealing with toxicology.

(Ord. 1990-10 § 1 (part), 1990).

1.

There is created the office of coroner.

2.

Office space and necessary facilities for the coroner shall be provided for by the sheriff. All costs, salaries and expenses connected with, or entailed in the operation of the coroner's office shall be borne and provided for by the county.

3.

The sheriff shall be the coroner.

(Ord. 1990-10 § 1 (part), 1990).

The sheriff may appoint, employ and pay such deputies, assistants and other staff personnel as may be necessary for the proper administration of his office and performance and discharge of his duties.

(Ord. 1990-10 § 1 (part), 1990).

Subject to the prior approval of the board, the coroner may engage and pay for the services of pathologists to act as his medical examiners. Such pathologists shall be experienced in forensic pathology and, if practicable, certified by the American Board of Pathology. When no pathologist is available to act as the coroner's medical examiner, he may designate and authorize physicians licensed to practice medicine in the state of Nevada to act as his medical examiners. Those physicians may call upon any pathologist for consultation and assistance.

(Ord. 1990-10 § 1 (part), 1990).

The county shall file with the county clerk, a bond issued by a bonding or surety company, authorized to do business in the state of Nevada, in the amount of not less than ten thousand dollars ($10,000.00), nor more than fifty thousand dollars ($50,000.00), as fixed by the board. The bond shall be conditioned for the faithful performance of the duties of his office. The coroner may require filing of bonds by any of his deputies, assistants or other personnel in an amount not to exceed ten thousand dollars ($10,000.00). The cost of the coroner's bond and those of his deputies, assistants or other personnel shall be paid by the county.

The board may, at any time, require the coroner or his deputies, assistants or staff personnel to provide additional surety on his or their bonds, or to give a new bond.

(Ord. 1990-10 § 1 (part), 1990).

1.

The coroner shall keep an official record in which he shall enter:

a.

The name and any alias of the deceased, when known, including such description as may be sufficient for identification. The description may include fingerprint records;

b.

A narrative summary of the events leading to and surrounding the death of the deceased and transportation of the body, together with names and addresses of any witnesses to such events;

c.

A list of the property taken from the person or premises of the deceased by the coroner or by any peace officer;

d.

The date and cause of death, when known;

e.

Information as to disposition of the deceased's remains;

f.

A list of persons notified of the death, together with a notation of any unsuccessful attempts at notification;

g.

The date of the holding of any inquest;

h.

The disposition of the property of the deceased made by the coroner.

2.

In any case of death apparently caused by criminal means, and upon request by law enforcement officials, the coroner' s narrative summary shall be prepared on a continuation report and kept separate from the rest of the record. This shall be done in order to prevent the unauthorized discovery or inspection of:

a.

Reports, memoranda or other internal documents received from and made by those officials in connection with their investigation of the death or with the prosecution of any person responsible therefor; and

b.

Statements made by any witness or prospective witness (other than any person criminally accused of causing the death) to those officials until such time as the person criminally accused has been acquitted of the charge or charges, or until such time as he has exhausted his rights to appeal his conviction.

3.

The coroner shall make all information compiled for his official record available for public release and inspection as soon as practicable after receipt thereof. The information may be fully copied or an abstract or memorandum may be prepared therefrom. The coroner shall furnish certified copies of the information to any person who requests them and pays an appropriate fee charged for the duplication of records or reports.

4.

Any information not contained in the coroner's official record may be released by approval of the coroner only to:

a.

Law enforcement officials in carrying out their official duties;

b.

A deceased's next of kin or by other persons with the written authorization of the next of kin; and

c.

Any person who, by subpoena, seeks the information for use in a judicial proceeding, subject to the terms of any protective orders lawfully obtained from the presiding magistrate or judge.

(Ord. 1990-10 § 1 (part), 1990).

1.

The coroner shall determine the cause and manner of death of any person reported to him as having died as a result of violence or trauma, having suddenly died under circumstances whereby the cause of death is uncertain, having died under such circumstances as to afford reasonable grounds to suspect or infer that death has been caused or occasioned by the act of another, having died under circumstances affording reasonable grounds to suspect that death has been occasioned by unnatural, unnatural, unlawful or suspicious means, having committed suicide or when the cause and circumstances of death are of concern to the public health, safety or welfare.

2.

The coroner or his designee shall go to the location of and investigate the death of any person reported to him as having died in any of the manners specified above, or where the public health, safety or welfare require. The coroner may also investigate all deaths which have occurred under the following circumstances:

a.

Death apparently due, entirely or in part, to a factor other than natural disease or old age. These include homicidal, suicidal or accidental deaths or deaths due in part to remote or recent trauma, chemicals, violence, or mechanical, thermal, electrical or radiational injury;

b.

Unattended death, or sudden unexpected death not caused by readily recognized disease;

c.

Deaths wherein the deceased has not been attended by a physician in the twenty (20) days before death;

d.

Death occurring during the course of hospitalization of less than twelve (12) hours duration;

e.

Death occurring while a person is under general or local anesthesia or death occurring within operating or recovery room;

f.

Death alleged to have been caused iatrogenically (medical accident) or by medical malpractice;

g.

Death apparently caused by acute alcoholism, narcotics or by the effects of other drugs or agents, including any death in which the diagnosis is suspected to be homologous serum jaundice, agranulocytosis, aplastic anemia or any other possible implication of drug therapy or toxic exposure;

h.

Death occurring while a person is in a place of incarceration or while under sentence, or within the custody of peace officers, including deaths of inmates of public institutions hospitalized therein for treatment other than for organic disease;

i.

Death due to abortion or during childbirth;

j.

Stillbirths of fetuses of twenty-four (24) or more weeks gestation or unattended by a physician;

k.

Death apparently due to neglect, exposure or starvation;

l.

Death in nursing home, convalescent center or similar institution;

m.

Death apparently due to an infectious or contagious disease or other hazards to the public health if the diagnosis and extent of the disease are undetermined at the time of death;

n.

Death which is possibly attributable to environmental exposure or which may be related to the decedent's occupation;

o.

Death of any child under eighteen (18) years of age, where medical history has not established some preexisting condition consistent with sudden death;

p.

Deaths wherein the next of kin is unknown or the remains are unclaimed.

3.

Whenever the coroner conducts an investigation pursuant to this section and before he signs a death certificate, he shall determine the cause and manner of death and shall sign and certify the cause of death on the death certificate or shall certify that the cause of death can to be determined with reasonable medical certainty.

4.

When reasonable grounds exist to believe that a death has been caused by the criminal act of another, the coroner shall furnish all necessary assistance to the law enforcement agency having jurisdiction over the location where the body of the deceased is found. In such cases, the coroner's duty shall be to determine the cause and manner of the death and the duty of the law enforcement agency shall be to determine the identity of the person or persons responsible for the death and submit that information to the appropriate prosecuting authority.

(Ord. 2001-4 § 2, 2001: Ord. 1995-51 § 1, 1995; Ord. 1990-10 § 1 (part), 1990).

The cause of death appearing on a death certificate signed by the coroner shall be in conformity with facts ascertained from his inquiry, autopsy or other scientific findings. In cases of death without medical attendance and without violence, casualty, criminal or undue means, the coroner may, without holding an inquest or conducting an autopsy, sign the death certificate based on statements of relatives, persons last in attendance or persons present at the time of death, after due medical consultation and opinion has been given by a physician licensed to practice medicine and so recorded in the records of death, providing such information affords clear grounds to establish the correct medical cause of death within accepted medical practice and within the requirements for accuracy prescribed by the Bureau of Vital Statistics of the State Health Division.

(Ord. 1990-10 § 1 (part), 1990).

If the coroner's preliminary investigation fails to satisfy him as to cause and manner of a particular death, or where the cause and manner of a death may represent a hazard to the public health or where there are reasonable grounds to suspect that a crime has been committed, the coroner may:

1.

Take possession of and inspect or examine the body of the deceased person and may perform a postmortem examination or complete autopsy. He may also exhume the body in connection with any inspection or examination.

2.

Collect and make, or cause to be made, analyses of the blood, body fluids or contents of the stomach, organs or tissues of the body and secure professional opinions as to the result of such analyses. Information gathered by such analyses shall be reduced to writing and filed by the coroner in his report of the death of the deceased person.

3.

Collect or retain such tissues of the body removed at the time of autopsy or postmortem examination as may be necessary or advisable to conduct a proper investigation or for verification of the findings relating to the deceased person's identity and the cause or manner of his death.

4.

Call upon a justice of the peace of the county to preside over an inquest.

(Ord. 1990-10 § 1 (part), 1990).

In addition to the powers and duties of the coroner enumerated above, the coroner may perform an autopsy on remains of other deceased persons within his jurisdiction if:

1.

The deceased has authorized such an autopsy in his will or by other written instrument.

2.

Written authorization is provided by a person or on behalf of any entity whom the deceased designated in writing during his lifetime to take charge of his body for burial or other purposes.

3.

Written authorization is provided by the deceased's surviving spouse.

4.

Written authorization is provided by a surviving adult child or parent of the deceased.

5.

Written authorization is provided by a surviving brother or sister of the deceased.

6.

Written authorization is provided by any other relative of the deceased or other person who has acquired the right to control the disposition of the remains.

7.

Written authorization is provided by the district attorney.

8.

Written authorization is provided by any other duly authorized public officer.

(Ord. 1990-10 § 1 (part), 1990).

The coroner's medical examiner, upon being notified by the coroner of the location of a deceased person and when the circumstances of the case require further medical inquiry, shall, at the earliest possible time thereafter, conduct a medical examination or a complete autopsy as may be required and shall immediately report his finds in writing, stating the cause of death, if known, or that additional microscopic, toxicological or other studies are necessary to establish the cause of death. The report shall reflect whether or not the body has been medically released for final disposition pending issuance of the detailed autopsy report.

(Ord. 1990-10 § 1 (part), 1990).

The coroner or his designee shall use due diligence to locate relatives of the deceased and notify them of his death and of the location of the remains. The coroner, upon completion of his investigation and upon proper identification of the deceased, shall release the body of the deceased for disposition. The body of any unidentified or unclaimed person shall be disposed of by order of the coroner after a period of time not to exceed ten (10) days from completion of his investigation, unless the continued holding of the body is necessary for investigative purposes.

(Ord. 1990-10 § 1 (part), 1990).

Any person with knowledge of the existence and location of the body of a deceased person in the county of Carson City, who apparently has died under any of the circumstances enumerated in Section 9.13.070 of this chapter shall notify the coroner of the fact in the most expeditious manner possible.

(Ord. 1990-10 § 1 (part), 1990).

1.

Unless immediate removal of a dead body is required to protect public health or safety, no person except a peace officer may remove a dead body from the position in which it is discovered nor disturb, search or remove any object from the body without prior authorization of the coroner if the death has occurred under any of the circumstances enumerated in Section 9.13.070 of this chapter. The peace officer shall take all reasonable precautions to avoid interfering with the investigation conducted by the coroner pursuant to that same section.

2.

When the coroner deems it necessary, he may lock and seal any door and window of the structure in which the body of the deceased person is found. The structure shall remain so secured until such time as a legal representative of the deceased assumes responsibility for ultimate disposition of the body. No person shall remove any such seal or enter upon any property bearing such a seal without the approval of the coroner. In securing the structure, the coroner shall take all necessary precautions to avoid interfering with any investigation being conducted by law enforcement agencies.

3.

Any costs arising out of and during the time that a structure is secured by the coroner constitute proper and legal charges against the estate of the deceased person.

4.

Any weapon, property or evidence reasonably related to the investigation or prosecution of any person suspect of having criminally caused the death of a person may be delivered by the coroner to a law enforcement agency, written receipt of which shall be acknowledged.

(Ord. 1990-10 § 1 (part), 1990).

No person may embalm any dead body subject to or under the control of the coroner until he authorizes embalming to be done.

(Ord. 1990-10 § 1 (part), 1990).

No person may hinder, obstruct or prevent the coroner's performance and discharge of his official duties.

(Ord. 1990-10 § 1 (part), 1990)

1.

The coroner shall establish and maintain adequate receipting and accounting procedures and records respecting decedent's money and personal property. The coroner shall inventory, in the presence of at least one (1) other person, any money or property which may have been found on or about the deceased, unless taken from his possession by legal authority, and shall deliver without delay a signed copy of the inventory and the money or property to the treasurer of the county. If the coroner fails to pay or deliver such money or property to the county treasurer, the county treasurer may recover it by an action at law.

2.

Upon payment of money into the county treasurer's office in such case, he shall place it to the credit of the county. Upon the delivery of property, he shall:

a.

Deliver such property to the public administrator for disposition according to law; or

b.

Give written notice to the public administrator of his intention to sell such property at public sale.

3.

If within ten (10) days after the giving of notice pursuant to paragraph (b) of Section 9.13.020, the public administrator claims the property for disposition, the county treasurer shall deliver it to him.

4.

If the public administrator does not claim the property as provided in Section 9.13.020, the county treasurer may, after giving notice by posting at the courthouse for at least ten (10) days, sell the property at public sale and place the proceeds to the credit of the county.

5.

If the money deposited in the county treasury is demanded within six (6) years, the county treasurer shall pay it to the person legally authorized to receive it. The money may also be paid at any time subsequent to the expiration of six (6) years to the representative of the deceased upon order of the board. (Pursuant to NRS: 259.160).

(Ord. 1990-10 § 1 (part), 1990).

After a coroner's inquiry, inspection, investigation or inquest, as provided in this chapter, and if no person assumes responsibility for the remains of a deceased person, the coroner shall cause the remains to be decently buried or cremated. The expenses of the disposition of the deceased shall be paid from the money deposited with the county treasurer or the estate of the deceased, as the case may be. If the deceased has no money or estate, or the money or estate of the deceased is insufficient to bear the entire cost of the disposition of the deceased, the county shall bear the costs of the disposition of the body in excess of any money or estate available.

(Ord. 1990-10 § 1 (part), 1990).

In the absence of a county morgue, or in the times of disaster, the coroner may designate one or more commercial mortuaries with sufficient accommodations and facilities to receive bodies. No person or firm operating a morgue or mortuary, nor any of his or its employees, may be held liable for the acts of the coroner in performing the removal of any body to a morgue or mortuary, or for the performance of an autopsy upon such a body. The coroner is authorized (during emergencies) to set up temporary holding facilities/morgues when commercial mortuaries are not available or are unable to accommodate the emergency.

(Ord. 1990-10 § 1 (part), 1990).

1.

In all cases where it is apparent or can be reasonably inferred that a death may have been caused by either a criminal act or negligence, the coroner shall notify the district attorney, and they shall make an investigation.

2.

The holding of an inquest is within the sound discretion of the coroner, the district attorney or district judge of the county. An inquest need not be conducted in any case of death manifestly occasioned by natural causes, suicide or accident, when it is publicly known that the death was caused by a person already in custody or when the district attorney or district judge certifies that no inquest is required.

3.

If an inquest is to be held, a justice of the peace of the county shall summon three persons qualified by law to serve as jurors to appear before him forthwith at the place where the body is or such other place within the county as may be designated by him to inquire into the cause of death.

4.

A single inquest may be held with respect to more than one death where all such deaths were occasioned by a common cause.

(Ord. 1990-10 § 1 (part), 1990).

Any person summoned as juror who fails to appear, without having a reasonable excuse, shall forfeit the sum of one hundred dollars ($100.00) to be recovered by the district attorney of the county in any court of competent jurisdiction and paid by him into the county treasury.

(Ord. 1990-10 § 1 (part), 1990).

When the jurors attend, they must be sworn by the justice of the peace to inquire who the person was and when, where and by what means he came to his death and into the circumstances attending his death, and to render a true verdict thereon according to evidence.

(Ord. 1990-10 § 1 (part), 1990).

1.

Jurors of coroner's juries are entitled to receive for each day's service an amount equal to that received by jurors summoned in district court cases, to be certified to the county clerk by the coroner and audited, allowed and paid as are other claims against the county.

2.

When it is necessary for a coroner's jury to travel a greater distance than one (1) mile to view the remains, or to the place where the inquest is to be held, the necessary and actual expenses incurred by the coroner for the transportation of the jury shall be allowed, audited and paid as are other claims against the county, after having been duly certified to by the coroner.

(Ord. 1990-10 § 1 (part), 1990).

1.

The justice of the peace may issue subpoenas for witnesses, returnable as he may direct and served by such person as he may direct. Witnesses subpoenaed are entitled to receive for each day's appearance an amount equal to that received by witnesses subpoenaed to testify in district court cases, to be certified to the county clerk by the coroner and audited, allowed and paid as are other claims against the county.

2.

The justice of the peace shall summon and examine as witnesses every person who, in his opinion or that of any of the jurors, has any knowledge of the facts, and he may summon a qualified surgeon or physician to inspect the body or hold a postmortem examination thereon, or a chemist to make an analysis of the stomach or the tissues of the deceased and give a professional opinion as to the cause of death.

3.

The justice of the peace may adjourn the inquest from time to time as may be necessary.

(Ord. 1990-10 § 1 (part), 1990).

Any witness who fails to obey the subpoena of the justice of the peace may be attached and fined for contempt, in like manner as in a justice's court.

(Ord. 1990-10 § 1 (part), 1990).

After hearing the testimony, the jurors shall render their verdict and certify it by an inquisition in writing, signed by them and setting forth the name of the deceased, when, where and by what means he came to his death, and if by criminal means, the name of the person causing the death.

(Ord. 1990-10 § 1 (part), 1990).

The testimony of the inquest shall be reduced to writing by the justice of the peace, or as he may direct, and filed by him without delay in the office of the clerk of the district court of the county.

(Ord. 1990-10 § 1 (part), 1990).

If the jury finds that the dead person was killed by another person under circumstances not excusable or justifiable in law, and that the person who committed the act is not in custody, the justice of the peace shall issue a warrant signed by him, with his name of office, for the arrest of the accused.

(Ord. 1990-10 § 1 (part), 1990).

The warrant of the justice of the peace may be served and returned in the same manner, and with the same power and effect, as any criminal warrant.

(Ord. 1990-10 § 1 (part), 1990).

The coroner may adopt such rules as he deems necessary to facilitate the operation of his office and to carry out the purposes of this chapter. Such rules shall have the same effect in law as the provisions of this chapter when approved by the board.

(Ord. 1990-10 § 1 (part), 1990).

The coroner may establish and charge fees for reproduction of any document available to the public and for the performance of any act which he is authorized but not required to perform pursuant to this chapter. Such fees, when collected, shall be paid by him into the county treasury.

(Ord. 1990-10 § 1 (part), 1990).

1.

If the coroner wilfully refuses to abide by or violates any provision contained in this chapter, he is guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00).

2.

Any other person who wilfully refuses to abide by or who violates any provision contained in this chapter is guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

(Ord. 1990-10 § 1 (part), 1990).

There is hereby created a revenue account and an expenditure account in the Carson City general fund to be designated as the fund for genetic marker testing.

(Ord. No. 2009-5, § II, 3-19-2009)

The county treasurer shall deposit money that is collected pursuant to Nevada Revised Statutes 176.0915, as may be amended, in the fund for genetic marker testing. The money must be accounted for separately within the fund.

(Ord. No. 2009-5, § III, 3-19-2009)

1.

Each month, the county treasurer shall use the money deposited in the fund for genetic marker testing to pay the actual amount charged to the county for obtaining biological specimens from a defendant pursuant to Nevada Revised Statutes 176.0913.

2.

If money remains in the fund after the county treasurer makes the payment required by subsection (1) of this section, the county treasurer shall pay the remaining money each month to the forensic laboratory that is designated by the board of supervisors pursuant to NRS 176.0917 to conduct or oversee genetic marker testing for Carson City. A forensic laboratory that receives money pursuant to this subsection shall use the money to:

(a)

Maintain and purchase equipment and supplies relating to genetic marker testing, including, but not limited to, equipment and supplies required by the Federal Bureau of Investigation for participation in CODIS; and

(b)

Pay for the training and continuing education, including, but not limited to, the reasonable travel expenses, of employees of the forensic laboratory who conduct or oversee genetic marker testing.

(Ord. No. 2009-5, § IV, 3-19-2009)