Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

Sections:

1.

As used in this chapter "highway" means the entire width between the boundary lines of every way maintained by a public authority when any part of such way is open to the use of the public for purposes of vehicular traffic.

2.

"Right-of-way" means that portion of real property including and beyond that which is open to the use of the public for vehicular or pedestrian traffic.

(Amended by 1986-49 § 2, 1986).

No person, firm, association or corporation shall excavate, grade, pave, level, fill or repair, or construct a sidewalk, crosswalk or curb, in any highway within the city without first making written application and obtaining a written permit to do so from the city engineer. The permit shall state the time, place and method wherein such work shall be done.

The application mentioned in Section 11.08.010 shall contain the following information:

1.

Name and address of applicant.

2.

For whom the work is to be done.

3.

General nature and extent of work to be done. If required by the city engineer, plans and specifications shall also be furnished.

4.

Evidence satisfactory to the city engineer that the applicant has ascertained the location of all underground lines, pipes, sewers, and works in the vicinity of any work to be done.

5.

Such other pertinent information as may be reasonably required to fully set forth the nature and extent of the work and the estimated time required for its completion.

1.

Before a permit pursuant to the provisions of this chapter may be issued the applicant may be required to execute to the city a bond in such sum as shall be designated by the board as necessary for the proper protection of the city and conditioned that obligors of the bond will pay to the city the costs and expenses incurred by the city should the person obtaining the permit fail, neglect or refuse to properly complete the work authorized by the permit within the time limited by said permit.

2.

In lieu of special bonds to cover particular work, an applicant may maintain with the city a general bond in the sum of $1,000.00 conditioned and used for the same purpose as the special bond described in subsection 1, and covering all work to be done rather than any particular work. While the general bond is maintained the applicant shall not be required to post a special bond, but shall be required to comply with all the other provisions of this chapter.

A person filing an application for a permit for work regulated by this title shall deposit with the city, the fees contained in Title 18 Appendix. The plan review fees shall be deposited at the time of filing the application and the inspection and testing fees shall be deposited prior to permit issuance.

(Ord. 2007-31 § 2, 2007).

At the time of the issuance of a permit, the city engineer shall supply the person obtaining the permit with specifications and special conditions designating the method of street cutting, excavation, disposal of excavated material, backfilling, the manner of replacement of concrete or asphaltic materials, and other specifications as may be required to properly advise the person obtaining the permit. All work done under the permit shall be in accordance with the furnished special conditions and standard specifications set forth herein.

Specifications shall be those as required by the manual entitled Standard Specifications for Public Works Construction, as adopted in Section 15.20.010, and all amendments thereto.

(Ord. 1992-49 § 1, 1992: Ord. 1986-49 § 3, 1986).

All actions of the city engineer pursuant to the provisions of this code shall be reviewable by the board, either upon its own motion or upon the request of any person who has been refused a permit or believes that he has been aggrieved. The action of the board on all reviews shall be binding upon the city engineer.

In addition to any other penalty provided by the CCMC, work started without a permit will be penalized by double charges for inspection and patching.

Neither Carson City nor any employee thereof shall be responsible for any error appearing in any map in the office of the director of public works.

As used in this chapter:

1.

"Driveway approach" applies only to city's right-of-way area and does not apply to the private landowner's driveway areas.

2.

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

3.

"Improved sidewalk" means any pedestrian walkway of Portland concrete or asphaltic concrete.

4.

"Roadway" means the area between curbs or the area between roadside ditches.

5.

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

(Amended by Ord. 1987-9 § 1 (part), 1987).

Except as otherwise provided by this chapter, no person shall place, or cause to be placed, any object which will impede the passage of pedestrians or vehicular traffic upon any highway or sidewalk area.

The public works department is authorized to remove from highways any unlicensed obstacle or encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, before the expiration of five (5) days after personal service of notice and demand upon the owner of the obstacle or encroachment or his agent. In lieu of personal service upon that person or his agent, service of the notice may also be made by registered or certified mail and by posting, for a period of five (5) days, a copy of the notice on the obstacle or encroachment described in the notice. Removal by the department of the obstacle or encroachment on the failure of the owner to comply with the notice and demand gives the department a right of action to recover the expenses of suit, and in addition thereto the sum of one hundred dollars ($100.00) for each day the obstacle or encroachment remains after the expiration of five (5) days from the service of the notice and demand.

As used in this section, "obstacles or encroachments" means any objects, materials or facilities not owned by the county that are placed within a right-of-way of the county for storage purposes of a highway facility. The term does not include vehicles parked in a lawful manner within that right-of-way.

(Ord. 1979-23 § II, 1979).

1.

Any person erecting or repairing a building shall secure a permit from the building official allowing temporary obstruction of portions of a highway.

2.

If such temporary obstruction shall exceed seven (7) days, and does not leave the roadway and six feet (6′) of sidewalk area unobstructed, the permit must first be reviewed by the board and authorized by the board.

The building official may issue a permit for fencing within the sidewalk, area, provided:

1.

The fence shall not exceed four feet (4′) in height;

2.

The fence is at least six feet (6′) from the curbing;

3.

The fence is of wood or iron material; and

4.

That the city master plan does not provide for further widening or improvements of the street.

1.

The department of parks may permit the planting of trees, flowers, or other landscape decoration within the sidewalk area provided that such planting leaves six feet (6′) of clear and unobstructed sidewalk area.

2.

Species of trees and shrubs selected must be approved by the department of parks.

3.

All maintenance and care of such authorized landscaping shall be the responsibility of the property owner. If the property owner fails to maintain said landscape the department of parks shall remove it at the owner's expense.

1.

The department of public works shall have the authority to order the removal of vehicles from the roadway for purposes of roadway maintenance or snow removal. Such order may be attached to the vehicle windshield or placed within the vehicle.

2.

If the owner fails to comply with said notice within one (1) hour, then the department of public works is authorized to remove the vehicle to an alternate location.

1.

All new driveway approaches shall be constructed with Type II base and have an asphalt paving or concrete surface from the edge of the traveled lane to the property line.

a.

All driveway culverts shall be not less than fifteen inches (15″) in diameter and not less than twenty feet (20′) in length, unless more appropriate sizing is required by the director of public works for drainage control.

b.

All driveway approaches which require a culvert shall have concrete headwalls at each end.

c.

All driveway approaches which require a swale shall be designed so that the roadside drainage will not be impaired.

2.

It is unlawful for any person or firm to construct a driveway approach without authorization of the public works department. Authorization to construct entails obtaining a permit from the public works department.

3.

All construction shall be as specified in the Standard Specifications and Details for Public Works Construction.

(Amended by Ord. 1987-9 § 1 (part), 1987).

It is declared by this chapter that the responsibility for maintenance of the sidewalk area is incumbent upon the owner of that parcel, lot or block which abuts the sidewalk area. Such maintenance includes, but is not limited to, weed removal, sidewalk, curb and gutter maintenance, tree care, lawn care, and snow removal.

(Ord. 1986-29 § 1, 1986).

1.

Any person who constructs or causes to be constructed any new building, or remodels any building within any commercial, industrial, multifamily residential, office building or governmental zone as defined in Title 18 of the Carson City Municipal Code fronting on any dedicated street or other publicly owned street in the city, shall construct curbs, gutters, sidewalks, storm drainage, and one-half street paving in accordance with the city's specifications and standards along all street frontage adjoining the property upon which such building or structure exists.

2.

Any person who constructs, causes to be constructed, or improves property for the purpose of accommodating a dwelling unit shall construct curbs, gutters, sidewalks and paving in accordance with the city's specifications along all street frontage adjoining the property upon which such dwelling unit will be placed, but only if said property is located within a single family twelve thousand (12,000) square feet, single family six thousand (6,000) square feet, mobile home twelve thousand (12,000) square feet or mobile home six thousand (6,000) square feet zone, as set forth in Title 18 of the Carson City Municipal Code, and if one (1) of the following conditions exists:

a.

The property is located on a major arterial or collector street as determined by the city and designated on an official map located at the public works department, in which case only that property adjacent to the major arterial or collector street shall require curbs, gutters, sidewalks and paving; or

b.

Curbs, gutters, sidewalks, and/or paving exist on the same block as the property to be developed; or

c.

In the determination of the Carson City public works director, the property requires curbs, gutters, sidewalks and/or paving to provide for a proper drainage system.

3.

The provisions of this section shall not apply where adequate curbs, gutters, sidewalks and paving already exist. Whether adequate curbs, gutters, sidewalks and paving already exist in accordance with the city code of standard specifications shall be determined in each instance by the director of public works and an endorsement to that effect shall be made upon each building permit at the time it is issued.

(Ord. 1986-29 § 2, 1986: Ord. 1984-30 § 1, 1984: Ord. 1980-21 § 2, 1980).

1.

"Accessways," for the purposes of this section, shall be defined as ways dedicated to public uses or secured by easement to the owners of the parcel proposed to be built upon, for the full length extending from the subject property to a suitable dedicated public way. "Required width of accessways" shall refer to the full dedicated width or easement width, without reference to the width of developed roadway within such width.

2.

In nonsubdivided areas where no official approved map is on file in the Carson City Recorder's office, an applicant for a building permit must demonstrate by title company report, or other means acceptable to the public official, the existence of the required accessway before a building permit will be issued.

3.

No commercial use will be permitted on any parcel of land not served by an accessway of at least fifty feet (50′) in width with a paved section of at least twenty-six feet (26′) in width.

4.

No residential construction will be permitted on any parcel of land not served, by an accessway of at least twenty-five feet (25′) in width with an all-weather surface at least twenty feet (20′) in width where the accessway serves fewer than five (5) parcels. If the accessway serves five (5) or more parcels, then the accessway must be at least fifty feet (50′) in width with a paved section of at least twenty-six feet (26′) in width.

(Ord. 1987-13 § 1, 1987: Ord. 1985-6 § 1, 1985).

The building official shall deny final approval and acceptance and shall refuse to allow final public utility connections to any such building or dwelling unless curbs, gutters and sidewalks, where required by this chapter, exist, are constructed, or unless money or a bond to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of such improvements as determined by the director of public works of the city, and providing for such construction of the improvements as within ninety (90) days.

When the director of public works determines that area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare and safety by reason thereof, the director of public works may require that only portions of the required work be done.

1.

Deviation from the application of this chapter may be granted by the director of public works upon the finding that deviation from the terms of this chapter will not be contrary to its intent or to the public interest, safety, health and welfare, and where due to special conditions or exceptional characteristics of the property of the applicant for deviation, or its location or surroundings, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardships.

2.

Any person aggrieved by the decision of the director of public works regarding deviation from the provisions of this chapter may within ten (10) days of any such decision appeal the same to the Carson City board of supervisors.

(Amended by Ord. 1980-21 § 3, 1980).

1.

Any owner, agent or occupant of any lot, block or parcel of land in the city, who permits any sidewalk and/or curb and gutter adjacent to such lot or block or parcel of land to get or remain out of repair so as to render the same dangerous or unsafe or inconvenient to walk upon or who shall leave such sidewalk by day or night in such dangerous unsafe or inconvenient condition, is guilty of maintaining a public nuisance.

2.

When the board, by order or resolution duly passed and entered upon its minutes, determines that such a nuisance exists, or is maintained or permitted, it shall be the duty of the director of public works to serve a copy of such order or resolution upon the owner of the lot, block or parcel of land mentioned therein, or in case such owner cannot be found, or is a nonresident, then upon the agent or occupant thereof, together with a notice in writing directing such owner to abate such nuisance and to lay, construct, replace or repair a sidewalk and/or curb and gutter adjacent to such lot, block or parcel of land, in conformity to such order or resolution and notice and the requirements of this chapter, within thirty (30) days from such service.

3.

If the owner of the lot, block or parcel of land designated in such order, resolution or notice fails, neglects or refuses to abate such nuisance and to lay, construct, replace or repair the sidewalk and/or curb and gutter as designated in such order or resolution or notice, and in thirty (30) days from such service, the director of public works is hereby authorized, empowered and directed to abate such sidewalk and/or curb and gutter in the manner hereinabove provided.

4.

The necessary expense incurred under subsection 3 of this section shall be a charge against the owner of such lot, block or parcel of land, and the same may be paid by the city and may be collected by an action on behalf of and in the name of the city against the owner of such lot, block, or parcel of land, as debts of like amount are by law collectible and shall be a lien upon such lot, block or parcel of land.

5.

Any owner of any property along which any curb, gutter or sidewalk has been constructed, and which has been determined after examination by the city engineer or other designee of the city to be in need of reconstruction, is hereby declared to be liable in damages to any person injured by reason of any such owner's fault or negligence in failing to reconstruct such sidewalk in accordance with the provisions of this chapter, after such owner or the agent thereof has been notified to do so pursuant to Section 12.20.020.

(Ord. 2000-26 § 2, 2000: Ord. 1986-29 § 3, 1986).

1.

Any owner, agent or occupant of any lot, block or parcel of land which is used for commercial purposes or which lies within the bounds of the "business district" of Carson City which is defined as all land bounded by the north 1/16 line of Section 20 on the south Nye Lane on the north, Curry Street on the west, and Stewart Street on the east, who fails to remove all ice and snow from the sidewalk adjacent to such parcel of land within forty-eight (48) hours after a snowfall, shall by this chapter be guilty of maintaining a public nuisance.

2.

The board may order the department of public works to abate this nuisance immediately without notice to the owner and the cost of such abatement shall be borne by the owner of said lot or parcel.

3.

Any owner of any property along which any curb, gutter or sidewalk has been constructed, and which has been determined after examination by the city engineer or other designee of the city to be in need of reconstruction, is hereby declared to be liable in damages to any person injured by reason of any such owner's fault or negligence in failing to reconstruct such sidewalk in accordance with the provisions of this chapter, after such owner or the agent thereof has been notified to do so pursuant to Section 12.20.020.

(Ord. 2000-26 § 3, 2000).

Whenever any street is to be closed for any period of time as permitted by this chapter the department of public works shall immediately notify the sheriff's office and fire department of the place, time and expected duration of such closure.

Any person by whom or under whose direction or authority any portion of a highway, alley or sidewalk may be made dangerous, shall erect, and so long as the danger may continue, maintain around the portion of the highway, alley or sidewalk so made dangerous, a good and substantial barrier, and shall cause to be maintained during the night, from sunset until daylight, a lighted lantern at both ends of such portion of the highway, alley or sidewalk so made dangerous.

No person shall in any manner or for any purpose break up, dig up, disturb, undermine or dig under or cause to be dug under, broken up, disturbed, undermined or dug under, any highway, alley or sidewalk or fill in, put, place thereon, or deposit in or upon any highway, alley or street any earth, sand, dirt, clay, manure, or rock without the permission of the board.

1.

No curb shall be lettered or numbered in any way except that residential street address numbers may be painted on the vertical face of curbs in front of single-family and duplex residential units. Curb numbering must conform to the following standards:

a.

Numbers must be black on white background.

b.

Numbering must be in block print, four inches (4″) in height, three-fourths-inch (¾″) stroke, and a space of between one-fourth (¼″) and one inch (1″) between numbers.

c.

No numbers may be painted in any restricted zone as defined in Chapter 10.24 and where the curb has been delineated with red, yellow, blue or green paint.

d.

Numbers must be placed, insofar as possible, in direct line with the front entrance of the residence.

2.

The provisions of this chapter do not affect any duties or obligations imposed by Section 14.04.100(9) of the Carson City Municipal Code.

(Ord. 1994-50 § 2 (part), 1994).

It is unlawful for any person or agency to paint numbering on curbs in front of any residential property without first securing the approval of the tenant or owner of such property and without first making arrangements with the tenant or owner of such property if and how payment is to be made for the lettering. Any person or agency who paints numbers on curbs in violation of this chapter is guilty of a misdemeanor.

(Ord. 1994-50 § 2 (part), 1994).

It shall be unlawful for any person, firm, corporation or company to maintain upon Carson Street between the north line of Hot Springs Road extended across Carson Street and the south line of Stewart Street, any mast or masts, pole or poles, for the purpose of carrying wires or other conduits for the transmission of electricity for light, heat or power purposes, except upon the order of the board to be hereafter obtained and entered upon the minutes of said board; provided that in no event shall any main line of masts or poles for the purposes hereinbefore mentioned, be permitted upon that portion of Carson Street hereinbefore prescribed.

It shall be the duty of the district attorney, when directed to do so by the board, to institute an action for the recovery of any damages incurred by the city as a result of a violation of this chapter.

This chapter is enacted pursuant to the authorization contained in NRS Chapter 373. Carson City is a consolidated municipality of the state of Nevada having a population of less than one hundred thousand (100,000) as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce and has adopted a street and highway plan for Carson City embracing the territory of only one (1) municipal corporation therein.

As used in this chapter:

1.

"Commission" means the regional street and highway commission.

2.

"Dealer" means and includes every person who:

a.

Refines, manufactures, compounds, or otherwise produces motor vehicle fuel and sells or distributes the same in Carson City;

b.

Imports motor fuel into Carson City and sells or distributes the same therein, whether in the original package or container in which it is imported or otherwise, or who uses the motor vehicle fuel in Carson City after having imported the same;

c.

Having acquired motor vehicle fuel in Carson City in the original package or container, distributes or sells the same in such original package or container, or otherwise, or in any manner uses the same; or

d.

Otherwise acquires in Carson City for sale, use or distribution in Carson City motor vehicle fuel with respect to which there has been no prior taxable sale use or distribution;

e.

"Dealer" shall not include any person who shall import into Carson City motor vehicle fuel in quantities of five hundred (500) gallons or less purchased from a supplier who is licensed as a dealer under Chapter 365, Nevada Revised Statutes, and who shall assume liability for the collection and remittance of the applicable excise tax to Carson City.

3.

"Department" means the Nevada Department of Motor Vehicles.

4.

"Distributees" or "distribution." All motor vehicle fuel, sold, donated, consigned for sale, bartered, used or in any way voluntarily disposed of so as to terminate the ownership and possession thereof by the dealer or any other person who imports such motor vehicle fuel owned by him shall be deemed to be distributed and considered as distribution under this chapter.

5.

"Highway" means every way or place of whatever nature open to the use of the public for purpose of surface traffic, including highways under construction.

6.

"Motor vehicle" means and includes every self- propelled motor vehicle, including tractors, operated on a surfaced highway.

7.

"Motor vehicle fuel" means and includes gasoline, natural gasoline, casinghead gasoline and any other inflammable or combustible liquid, by whatever name such liquid may be known or sold, the chief use of which in this state is for the propulsion of motor vehicles, motorboats or airplanes. Kerosene gas oil, fuel oil, jet aircraft fuel, diesel fuel and liquefied petroleum gas shall not be considered motor vehicle fuel for the purpose of this chapter.

8.

"Person" means and includes every natural person, association, firm or partnership, corporation, municipal corporation, quasi-municipal corporation, political subdivision, governmental agency, trustee, receiver and the legal representative or representatives of the estate of any deceased person and their agents.

9.

"Retailer" means and includes every person, other than a dealer as defined in subsection 2 engaged in the business of selling motor vehicle fuel.

10.

"Tax Commission" means the Nevada Tax Commission and its duly authorized agents.

1.

The board does hereby create the regional street and highway commission of Carson City, state of Nevada.

2.

The commission shall be composed of representatives to be selected as follows by the board:

a.

Two (2) members of the board of supervisors one of whom must be designated by the commission to serve as chairman of the commission;

b.

Three representatives of the city at large.

(Ord. 1999-18 § 2, 1999).

1.

One representative of the commission who is a member of the board of supervisors and one representative of the commission who is a representative of the city at large must serve until the next ensuing December 31 or an even numbered year; and

2.

One representative of the commission who is a member of the board of supervisors and two (2) representatives of the commission who are representatives of the city at large must serve until the next ensuing December 31 of an odd-numbered year.

3.

Commission members shall serve terms of two (2) years and any vacancies shall be filled for the unexpired term.

4.

The commission shall adopt such rules and regulations as are not in conflict with this chapter, Chapter 373 of the 1966 Statutes of Nevada, or any other law of the state of Nevada for the organization of the commission and the conduct of its business.

1.

The commission shall meet at such times and places as the members of the commission may deem necessary and proper, but at least one meeting shall be held in each calendar month.

2.

The commission shall exercise or perform those powers and duties specifically granted to them and enumerated in NRS Chapter 373 and shall exercise or perform said powers and duties in the mode and manner set forth in the aforementioned chapter.

3.

All decisions, acts and resolutions of the commission shall be by majority vote of its membership. A tie vote shall have the effect of no decision and no action shall be taken.

4.

For the purpose of this section a "decision on a road project" is a decision to:

a.

Spend more than $10,000.00 on the study or design of;

b.

Purchase or acquire real property or real property interests in the name of Carson City for; or

c.

Authorize the use of the power of eminent domain to acquire property for; or

d.

Commence construction of, a new road, or an expansion or extension of an existing road to add additional road surface.

Notice of the time and place of a meeting of the Regional Transportation Commission or the board of supervisors which involves a decision on a road project shall be given to all record property owners as shown on the latest equalized assessment rolls whose property is within 300 feet of any project by sending written notice to those property owners by U.S. mail or hand delivery at least 10 days before the meeting. The notice shall also contain a general description of the project and its general location. The notice requirement of this section does not apply to: maintenance or resurfacing of existing roads, studies of general traffic conditions, studies prepared for updates of master plans, or decisions about traffic control devices. A certificate of mailing or delivery signed and dated by a city official shall be considered conclusive proof that the persons listed on the certificate were given proper notice as required by this section. Any action taken in violation of this section is void.

(Ord. 2007-25 § 1, 2007: Ord. 1998-40 § 2, 1998).

1.

Prior to the effective date of this chapter, the board shall contract with the Nevada Tax Commission to perform all functions incident to the administration and operation of this chapter.

2.

The Nevada Tax Commission, upon execution of the aforesaid contract, shall be empowered to administer and enforce all of the provisions of this chapter pertaining to the collection of all taxes provided herein.

3.

The Nevada Tax Commission shall have power to make all necessary rules and regulations and prescribe all necessary forms or other requirements for the purpose of making the administration of this chapter effective.

4.

That subsections 1, 2, and 3 herein refer to the original ordinance enacted pursuant to NRS Chapter 373. That ordinance prescribes an excise tax of $0.02 per gallon, and therefore Carson City shall amend the contract made under NRS 373.070(4) by a contract made between Carson City and the state acting by and through the department prior to the effective date of the ordinance codified in subsections 1, 2, and 3 herein unless Carson City determines with the written concurrence of the commission that no such amendment of the contract is necessary or desirable.

(Amended by Ord. 1977-3 § 2, 1977).

1.

The Nevada Tax Commission, for and on behalf of Carson City, shall have power, by itself or by its duly authorized agents, to make any audit, examination or inquiry of and concerning the records, stocks, facilities, equipment and transactions of dealers, retailers of petroleum products and carriers thereof, and such other investigations as it may deem necessary in carrying out the provisions of this chapter.

2.

If any investigation discloses that any report of any payment has been incorrect, the Nevada Tax Commission may make such changes in subsequent reports and payments as may be necessary to correct the error so disclosed.

County sheriffs and all other peace officers and traffic officers of this state shall, without further compensation, assist in the enforcement of this chapter and they shall make arrests for this purpose when requested by the Nevada Tax Commission or its duly authorized agents.

1.

In addition to any other taxes provided by law, every dealer shall, not later than the twenty-fifth day of each calendar month, render to the Nevada Tax Commission a statement of all motor vehicle fuel sold, distributed and used by him in Carson City as well as any motor vehicle fuel sold, distributed or used in this city by a purchaser thereof upon which sale, distribution or use, the dealer has assumed liability for the tax thereon during the preceding calendar month, and pay an excise tax of $0.04 per gallon on all motor vehicle fuel so sold, distributed or used in the manner and within the time prescribed by this chapter.

2.

The Nevada Tax Commission, for good cause, may extend, for not to exceed 30 days, the time for making any report or return required under this chapter. The extension may be granted at any time if:

a.

A request therefor has been filed with the Nevada Tax Commission within or prior to the period for which the extension may be granted; and

b.

A remittance of the estimated tax is made when due. Any dealer to whom any extension is granted shall pay, in addition to any delinquent tax due, interest at the rate of 1/2 of 1 percent per month, or fraction thereof, from the date on which the tax would have been due without the extension to the date of payment.

3.

Any report, return, remittance to cover a payment, or claim for credit or refund required by this chapter which is transmitted through the United States mail, shall be deemed filed or received by the Nevada Tax Commission on the date shown by the post office cancellation stamped upon the envelope containing it, or on the date it was mailed, if proof satisfactory to the Nevada Tax Commission establishes that such document or remittance was timely deposited in the United States mail properly addressed to the Nevada Tax Commission.

4.

For the purposes of this chapter, motor vehicle fuel is sold where it is delivered into a vehicle not belonging to the seller or into a stationary tank on the premises of the buyer.

5.

In addition to the tax imposed pursuant to paragraph 1 of this section (CCMC 11.20.050), there is hereby imposed an additional tax of $0.05 per gallon on all motor vehicle fuel sold, distributed or used in the manner and within the time prescribed by this chapter. Upon the effective date of the tax imposed pursuant to this paragraph the total tax collected under this chapter and under authority of Chapter 373 of the NRS will be a total of $0.09. This additional tax is subject to all the conditions and requirements of this chapter and Chapter 373 of NRS and all the provisions of Chapter 11.20 which are required to be included in any ordinance enacted under Chapter 373 of NRS are hereby incorporated into this section by this reference. Through this paragraph the board of supervisors expresses its intent that the revenue generated by the tax imposed by this paragraph be used for the design and construction of the Carson City Freeway, or any arterial, collector, roadway or alternative route related to the movement of traffic through Carson City. The $0.05 tax shall continue so long as the board of supervisors conclude that the proceeds thereof shall be needed for the stated street or road projects provided herein.

6.

The tax imposed pursuant to paragraph 5 will be imposed on the first day of the second calendar month following the enactment of the ordinance adding paragraph 5, above, this paragraph, 6, and paragraph 7, below.

7.

The city shall amend the contract made under subsection 4 of NRS 373.070 by a contract made between the county and the state acting by and through the department of taxation prior to the effective date of any ordinance amending a motor vehicle fuel tax pursuant to NRS Chapter 373 unless the city determines with the written concurrence of the commission that no such amendment of the contract is necessary or desirable.

(Ord. 2004-22 § 1, 2004: Ord. 1997-9 § 2, 1997: Ord. 1981-38 § 1, 1981: Ord. 1977-3 § 1, 1977).

1.

In addition to any other taxes provided for by this chapter, every person who shall use any inflammable or combustible liquid or other material other than motor vehicle fuel as defined in Section 11.20.020 to operate a motor vehicle on the highways of this state, except special fuel as defined in Chapter 373 of NRS, shall pay an excise tax as provided by Section 11.20.050 for each gallon thereof so used and shall render monthly statements and make monthly payments at the times and in the manner prescribed for dealers in this chapter.

2.

Any owner or operator of a motor vehicle who shall import motor vehicle fuel or other fuel or material, except special fuel as defined in Chapter 373 of NRS, into Carson City from another state or from federal proprietory lands or reservations, in the fuel tank or tanks of any such motor vehicle in a quantity exceeding 25 gallons, shall, upon demand of the Nevada Tax Commission or its duly authorized agent, pay to said Nevada Tax Commission on such excess motor vehicle fuel the excise tax required to be paid by dealers under this chapter.

The provisions of this chapter requiring the payment of excise taxes shall not apply to any of the following:

1.

Motor vehicle fuel so long as it remains in interstate or foreign commerce,

2.

Motor vehicle fuel exported from this state by a dealer,

3.

Motor vehicle fuel sold to the United States Government for official use of the United States armed forces,

4.

Motor vehicle fuel distributed or delivered on the order of the owner, to a dealer who has furnished bond and security in the amount prescribed, and who has established to the satisfaction of the Nevada Tax Commission that the bond is sufficient security to assure payment of all excise taxes as they may become due to Carson City from him under this chapter. Every dealer claiming exemption shall report the distributions to the Nevada Tax Commission in such detail as said Tax Commission may require; otherwise, the exemptions granted in this section shall be void and all fuel shall be considered distributed in Carson City subject fully to the provisions of this chapter.

1.

The provisions of this chapter requiring the payment of excise taxes shall not apply to motor vehicle fuel sold by a dealer in individual quantities of five hundred (500) gallons or less for export to another state by the purchaser other than in the supply tank of a motor vehicle, provided such dealer is licensed in the state of destination to collect and remit the applicable destination state taxes thereon.

2.

In support of any exemption from taxes on account of sales of motor vehicle fuel in individual quantities of five hundred (500) gallons or less for export by the purchaser, the dealer shall retain in his files for at least three years an export certificate executed by the purchaser in such form and containing such information as shall be prescribed by the Nevada Tax Commission. This certificate shall be prima facie evidence of the exportation of the motor vehicle fuel to which it applies only if accepted by the dealer in good faith; however, should the purchaser not export any part of the motor vehicle fuel covered by the certificate he shall be required to remit to the Tax Commission immediately thereafter the applicable amount in taxes due on such part not exported. Upon failure to do so, the purchaser shall be subject to all penalties provided herein for delinquency in payment of taxes.

1.

Every dealer shall report such exports and sales to the Nevada Tax Commission at such time, or on such forms, and in such detail as said Tax Commission may require.

2.

Every dealer shall mark clearly upon each invoice rendered for sales upon which no excise tax is required under Sections 11.20.060 and 11.20.062 of this chapter.

Any claim for exemption from excise tax on account of motor vehicle fuel exported by a dealer to another state, other than stock transfers or deliveries in his own equipment, must be made by the dealer within six (6) months after the date of the export unless the state or territory of destination would not be prejudiced with respect to its collection of taxes thereon should the claim not be made within such time.

Motor vehicle fuel carried out of Carson City into another state or on to federal proprietary lands or reservations, to an amount not exceeding twenty-five (25) gallons in the fuel tank or tanks of such motor vehicle shall not be deemed to be exported for the purposes of Sections 11.20.060 to 11.20.066 , inclusive, of this chapter.

1.

Every dealer shall file with the Tax Commission a bond duly executed by the dealer as principal and by a corporation qualified under the laws of this state as surety, payable to the state of Nevada, conditioned upon faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and other obligations of the dealer.

2.

The total amount of the bond or bonds required of any dealer shall be fixed by the Nevada Tax Commission at twice the estimated maximum monthly tax, determined in such manner as said Tax Commission shall deem proper and may be increased or reduced by the Tax Commission at any time, subject to the limitations prescribed in this chapter; but the total amount of the bond or bonds of any dealer shall never exceed ten thousand dollars ($10,000.00).

3.

No recovery on any bond, nor the execution of any new bond, nor the revocation, cancellation or suspension of any license, shall affect the validity of any bond.

4.

In lieu of any bond or bonds, a dealer may deposit with the State Treasurer, under such terms and conditions as the Tax Commission may prescribe, a like amount of lawful money of the United States, or bonds of the United States or the state of Nevada of an actual market value not less than the amount fixed by the Nevada Tax Commission as provided in subsection 2.

1.

The excise taxes prescribed in this chapter shall be paid on or before the twenty-fifth day of each calendar month to the Nevada Tax Commission. The Tax Commission shall deliver all such taxes to the State Treasurer, who shall receipt the dealer or user therefor.

2.

From the tax found to be due upon any statement duly and punctually rendered, the dealer or user shall be allowed to deduct two percent (2%) thereof to cover the dealers or user's costs of collection of the tax and of compliance with this chapter and the dealer's or user's handling losses occasioned by evaporation, spillage or other similar causes.

1.

If the amount of the excise tax for any month is not paid to the Tax Commission on or before the twenty-fifth day of the next month thereafter as prescribed by this chapter, it shall become delinquent at the close of business on that day and a penalty of one percent (1%) of such excise tax must be added thereto for delinquency; but in no case shall the penalty be less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).

2.

If such tax is not received on or before the close of business on the last day of the month in which payment is due, a penalty of ten percent must be added thereto in addition to the penalty provided for in subsection 1.

3.

The proceeds from any such penalty assessments so levied shall be allocated to the county gas tax funds by the Nevada Tax Commission.

1.

At the request of the Nevada Tax Commission, the attorney general or the district attorney of Carson City shall collect any delinquent tax with penalties and interest. To that end the attorney general or the district attorney forthwith shall commence and prosecute to final determination an action in the name of the state of Nevada in any court of competent jurisdiction.

2.

In any action on a bond filed by a dealer, recovery may be had against the surety without exhausting or seeking a remedy against the dealer.

In any action commenced and prosecuted under the provisions of subsection 1 of Section 11.20,090, the certificate of the Tax Commission shall be prima fade evidence of the amount of the tax and penalty and of the obligation therefor of the person named in such certificate.

Any person who shall export any motor vehicle fuel from this state, or who shall sell any such fuel to the United States Government for official use of the United States armed forces, or who shall buy and use any such fuel for purposes other than, in, and for, the propulsion of motor vehicles, and who shall have paid any tax on such fuel levied or directed to be paid as provided by this chapter, either directly by the collection of such tax by the vendor from such consumer or indirectly by the addition of the amount of such tax to the price of such fuel, shall be reimbursed and repaid the amount of such tax so paid by him, except as follows:

1.

Refund claims shall be submitted and paid every six (6) months and the dates for submission shall be prescribed by classes by the Nevada Tax Commission's rules and regulations.

2.

The minimum claim for refund shall be based on at least two hundred (200) gallons purchased and used in a six (6) month period.

3.

No refund of Carson City motor vehicle fuel tax shall be made for off-highway use of motor vehicle fuel consumed in watercraft in this state for recreational purposes.

1.

A claimant for refund shall present to the Tax Commission a refund claim form accompanied by the original invoices showing the purchase. The refund forms shall state the total amount of such fuel so purchased and used by the consumer otherwise than for the propulsion of motor vehicles and the manner and the equipment in which the claimant has used the same.

2.

A claimant for refund of tax on motor vehicle fuel purchased and exported from this state shall execute and furnish to the Tax Commission a certificate of exportation on such form as may be prescribed by the Tax Commission.

3.

An invoice to qualify for refund shall contain at least:

a.

The number of gallons of motor vehicle fuel purchased;

b.

The price per gallon;

c.

The total purchase price of the motor vehicle fuel; and

d.

Such other information as may be prescribed by the Tax Commission.

4.

The signature on the refund claim form shall subject the claimant to the charge of perjury for false statements contained on the refund application.

5.

Daily records shall be maintained and preserved for a period of three (3) years for audit purposes of all motor vehicle fuel used. The record shall set forth:

a.

The piece of equipment being supplied with the fuel;

b.

The number of gallons of fuel used in each fill; and

c.

The purpose for which the piece of equipment will be used.

The gasoline fills shall be further classified as to on or off-highway use. Any motor vehicle fuel used in any licensed motor vehicle does not qualify for refund,

6.

In accounting for motor vehicle fuel used for refund purposes direct measures shall be used and estimates are prohibited. Self-propelled vehicles with mounted auxiliary equipment consuming motor vehicle fuel shall only be allowed refunds if a separate motor vehicle fuel tank and a separate motor is used to operate the auxiliary equipment.

7.

No person may be granted a refund of motor vehicle fuel taxes for off-highway use when such consumption takes place on highway construction and maintained by public funds, on federal proprietary lands or reservations where the claimant has no ownership or control over such land or highways, except when such person is under a contractual relationship with the Federal Government or one of its agencies and is engaged in the performance of his duties pursuant to such relationship. Employment of an individual by the Federal Government or any of its agencies does not constitute a contractual relationship for the purpose of this subsection.

8.

When in the opinion of the Tax Commission it would be beneficial to the state for a refund claimant to become a licensed dealer, such claimant may, at the option of the Tax Commission, be required to become a licensed dealer rather than a refund claimant unless such claimant chooses to claim refunds at the tax rate, less two percent (2%).

Upon the presentation of such affidavits, notices, written statements, tax exemption certificates or exportation certificates, the Tax Commission shall cause to be repaid to the claimant from the taxes collected under this chapter an amount equal to the taxes so paid by the claimant.

In the event of the loss of an original invoice, the person claiming a refund may submit in lieu thereof a duplicate copy of the invoice, which shall be retained by the Tax Commission until the expiration of the period specified for filing or refund applications. No payment of refund based upon a duplicate invoice shall be made until after the expiration of such statutory period.

In order to establish the validity of any claim the Tax Commission may, upon demand, examine the books and records of the claimant for such purpose. The failure of the claimant to accede to such demand constitutes a waiver of all rights to the refund claimed on account of the transactions questioned.

All applications for refund based upon exportation of motor vehicle fuel tax from this state shall be filed with the Tax Commission within three (3) months from the date of exportation. All other applications, together with the necessary supporting evidence, shall be filed with the Tax Commission within six (6) months from the date of purchase. All rights to refunds shall be forfeited if applications are not filed with the Tax Commission within the times herein prescribed.

All claims for refunds under this section shall be paid from Carson City gasoline tax funds, collected under this chapter upon claims presented to the Tax Commission, approved by the State Board of Examiners and paid as other claims against the state are allowed and paid.

In lieu of the collection and refund of the tax on motor vehicle fuel used by a dealer under the provisions of this section, or in lieu of the refund of any prior erroneous payment of tax on motor vehicle fuel to the Tax Commission made by a dealer, credit may be given the dealer upon his tax return and assessment.

1.

For the purposes of this section, "bulk purchases" means purchases in excess of fifty (50) gallons of regular motor vehicle fuel which are not placed directly into the tank of motor vehicles.

2.

Any person determined by the Tax Commission to be a bona fide farmer, rancher, not engaged in other activities which would distort his highway usage, may claim a refund only on the basis of eighty percent (80%) of his bulk purchases, without necessity of maintaining records of use.

3.

Any farmer or rancher desiring to claim a refund under the provisions of this section must first secure a permit from the Tax Commission and such a permit shall bind the permittee to file claims for refunds under the provisions of this section until a request has been made for a change of basis for filing, which request has been approved by the Tax Commission.

4.

The Tax Commission is empowered to issue reasonable rules and regulations to carry out the purposes of this section.

No injunction or writ of mandate or other legal or equitable process shall ever issue in any suit, action or proceeding in any court against the state or Carson City or any officer thereof to prevent or enjoin the collection under this chapter of any excise tax assessed by the Tax Commission.

After payment of any excise tax under protest duly verified, served on the Tax Commission and setting forth the grounds of objection to the legality of the excise tax, the dealer paying the excise tax may bring an action against the State Treasurer in the district court in and for Carson City for the recovery of the excise tax so paid under protest.

1.

No action authorized by Section 11.20.120 of this chapter may be instituted more than ninety (90) days after the last day prescribed for the payment of the excise tax without penalty. Failure to bring suit within the ninety (90) days shall constitute a waiver of any and all demands against the state on account of alleged overpayment of excise taxes.

2.

No grounds of illegality of the excise tax shall be considered by the court other than those set forth in the protest filed at the time of the payment of the excise tax.

1.

If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any excise taxes due from the plaintiff under this chapter, and the balance of the judgment shall be refunded to the plaintiff,

2.

In any judgment, interest shall be allowed at the rate of six percent (6%) per annum upon the amount of the excise tax found to have been collected illegally from the date of payment thereof to the date of allowance of credit on account of such judgment or to a date preceding the date of the refund warranty by not more than thirty (30) days, such date to be determined by the Tax Commission.

A judgment shall not be rendered in favor of plaintiff in any action brought against the State Treasurer to recover any excise tax paid under this chapter when such action is brought by or in the name of an assignee of the dealer paying the excise tax or by any person, company or corporation which has paid the excise tax.

Any person who files a refund claim based on an altered invoice, unless the alteration of such invoice is certified by the dealer as made for the purpose of correcting an error in good faith, or whose claim is not based on records of use as required in this chapter or by the Tax Commission rules and regulations, shall at the option of the Tax Commission, in lieu of other penalties provided, be denied refunds for a period of three (3) years from the date of the illegal claim filed. The claimant shall have the right to appeal the decision to the Tax Commission and after exhausting his administrative remedies to appeal to the district court of Carson City.

1.

Every dealer shall cause to be kept a true record, in such form as may be prescribed or approved by the Tax Commission, of all stocks of motor vehicle fuel and of other inflammable or combustible liquids, and of all manufacture, refining, compounding, blending, purchases, receipts, transportations, use, sales and distributions thereof.

2.

Such records shall be subject to inspection at all times within business hours by the Tax Commission or its duly authorized agents, and shall remain so available for inspection for a period of three years from the date of any entry therein.

3.

Should any dealer wish to keep proper books and records pertaining to business done in Carson City elsewhere than within the state of Nevada for inspection as provided in this section, he shall pay a fee for such examination in an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which the examiner is actually engaged in examining the dealer's books, plus the actual expenses of the examiner during the time that the examiner is absent from Carson City, Nevada for the purposes of making such examination; but such time shall not exceed one day going to and one (1) day coming from the place where the examination is to be made in addition to the number of days or fractions thereof the examiner is actually engaged in auditing the dealer's books. Not more than two (2) such examinations shall be charged against any dealer in any year.

4.

Any moneys received shall be deposited by the Tax Commission to the credit of the fund from which the expenditures for the examination were made.

5.

Upon the demand of the Tax Commission or at such times as the Tax Commission may prescribe by regulation, every dealer shall furnish a statement showing the contents of the records to such extent, in such detail and in such form as the Tax Commission may require.

1.

Every retailer shall maintain and keep within the state for a period of three (3) years a true record of motor vehicle fuel received, or the price thereof and the name of the person supplying the same, together with delivery tickets, invoices and such other records as the Tax Commission may require.

2.

Such records shall be subject to inspection by the Tax Commission or its duly authorized agents at all times within business hours.

1.

Every carrier, whether common, contract or private except a dealer licensed under Chapter 365, Nevada Revised Statutes or a wholesale distributor transporting the products of a dealer licensed under said chapter, transporting motor vehicle fuel in interstate commerce to or from any point within Carson City shall report to the Tax Commission all deliveries so made.

2.

Such report shall cover the period of each calendar month and shall be filed within twenty-five (25) days after the end of such month. The report shall show:

a.

The name and address of every consignor and consignee and of every person other than the designated consignee to whom delivery has actually been made.

b.

The date of every delivery.

c.

The amount of every delivery in gallons.

d.

Such other information as the Tax Commission may require.

3.

The Tax Commission, or its duly authorized agents, may examine the books and records of any carrier during business hours to determine if the provisions of this section have been or are being complied with.

1.

Every person transporting on any highway of Carson City motor vehicle fuel or other inflammable or combustible liquids in an amount of twenty-five (25) gallons or more must have in his possession at all times during such transportation an invoice, bill of sale or other document showing the name and address of the seller or consignor and of the buyer and consignee, if any, of the product so transported. He shall produce and exhibit the same to any sheriff, deputy sheriff, police officer or authorized agent of the Tax Commission upon request or demand.

2.

Any person engaged in transportation of motor vehicle fuel or other inflammable or combustible liquids by tank trucks or tank truck and trailer to be delivered to a dealer or any reseller of such products or to persons known to the trade as commercial consumers shall be required only to have in his possession adequate evidence showing the amount of the motor vehicle fuel or other inflammable or combustible liquids loaded in his conveyance at the time the conveyance left its loading point, and the name and address of the dealer who has assumed or is charged with the responsibility for the payment of the tax due thereon, if any. The date of delivery thereto must be furnished the Tax Commission upon request.

1.

All motor vehicle fuel taxes collected by the Tax Commission pursuant to this chapter shall be transmitted to Carson City periodically as promptly as feasible, and the Tax Commission shall charge the city, for the Tax Commission services specified in this chapter, such amount as will reimburse the Tax Commission for the cost to it of rendering the services.

2.

The transmittal required under subsection 1 of this section shall be made at least four (4) times in each fiscal year.

3.

All net proceeds of the motor vehicle fuel tax imposed by this chapter received by Carson City from the Tax Commission shall be deposited by the treasurer in a fund to be known as the regional street and highway fund in the Carson City treasury and disbursed only in accordance with the provisions of Chapter 373 of the Nevada Revised Statutes.

1.

It is unlawful for any person:

a.

To refuse or neglect to make any statement, report or return required by the provisions of this chapter;

b.

Knowingly to make, or aid or assist any other person in making a false statement in a report to the Tax Commission or in connection with an application for refund for any tax;

c.

Knowingly to collect or attempt to collect or cause to be repaid to him or to any person, either directly or indirectly, any refund of any tax without being entitled to the same;

d.

To sell any motor vehicle fuel upon which the tax imposed by this chapter shall not be paid; or

e.

To act as an agent to sell any motor vehicle fuel, obtained in any manner, upon which the tax imposed by this chapter shall not be paid.

2.

Each day or part thereof during which any person shall engage in business as a dealer without being the holder of an uncanceled license shall constitute a separate offense within the meaning of this section.

3.

Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment in the city jail for not less than thirty (30) days, nor more than six (6) months, or by both fine and imprisonment.

All amendments to Chapter 365 of Nevada Revised Statutes which become effective subsequent to the effective date of this chapter, and which are not inconsistent with this chapter, shall automatically become a part of this chapter.

1.

This chapter shall not be repealed until all obligations for which the revenues from it have been pledged, pursuant to NRS Chapter 373, have been discharged in full.

2.

The board may at any time dissolve the commission and provide that no further obligations shall be incurred.

1.

The Carson City motor vehicle fuel tax, provided for herein, shall be imposed and become effective on the first day of the second calendar month next following the enactment of this chapter.

2.

Ordinance No._______, raising the excise tax from one cent ($0.01) per gallon to two cents ($0.02) per gallon of motor vehicle fuel sold shall be effective on the first day of the second calendar month following passage thereof according to law.

(Amended by Ord. 1977-3 § 3, 1977).

All bylaws, ordinances, resolutions and orders, or parts of bylaws, ordinances, resolutions and orders in conflict or inconsistent with this chapter, are hereby repealed but only to the extent of such conflict or inconsistence.

If any section or portion thereof of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction such holding shall not affect the validity of the remaining portions of this chapter.

The board of supervisors of Carson City shall not permit the installation of railroad tracks on any street in Carson City without first obtaining the consent of the voters, as provided by law, in a properly scheduled election, and further, the results of the election shall be binding on the board of supervisors.

(Ord. 1991-61 § 2, 1991).

The board has adopted "development standards" which provide for minimum design specifications for the development of such items as, but not limited to, subdivisions, streets, drainage, utilities, erosion control, fire protection, lighting, landscaping, parking, etc. These development standards must be utilized in the design of improvements, and the city engineer and the director shall insure that the applicant or developer is in compliance with the development standards. The development standards are parallel in authority to this title and Title 18, the zoning ordinance.

(Ord. 2001-27 § 2, 2001).

The purpose of the requirements and standards set forth in this chapter is to facilitate increased business and pedestrian traffic by providing safe and visually appealing opportunities for outdoor dining and merchandise display at the discretion of the City Engineer or his or her designee, in accordance with the applicable requirements of CCMC. The provisions of this chapter do not apply to any outdoor use which may be authorized by a special event permit issued pursuant to CCMC Section 4.04.077.

(Ord. No. 2017-11, § II, 6-1-2017)

1.

"Clear zone" means the portion of a sidewalk that is intended for pedestrian travel along a street and which is a minimum of six (6) feet in width.

2.

"Extension zone" means the area that, on a sidewalk which is wider than normal, exists between the clear zone and the street.

3.

"Store front zone" means the area adjacent to the property line of a business where a transition occurs between a public sidewalk and the space within a building that houses the business.

(Ord. No. 2017-11, § III, 6-1-2017)

Except as otherwise provided in Title 18 Appendix, Division 6 (Downtown Mixed-Use District), Section 6.6.7(5), an outdoor dining area or merchandise display is prohibited in the downtown mixed-use district (DT-MU), as that term is described in CCMC Section 18.04.125, without an encroachment permit issued pursuant to Section 11.35.120 of this chapter.

(Ord. No. 2017-11, § IV, 6-1-2017)

An outdoor dining area or merchandise display that is authorized by a permit issued pursuant to Section 11.35.120 of this chapter must be adjacent to and incidental to the operation of an indoor restaurant or retail business.

(Ord. No. 2017-11, § V, 6-1-2017)

1.

An outdoor dining area may not exceed the depth approved by the City Engineer, as measured from the front of the building that houses the business with which the outdoor dining area is associated, or exceed the width specified by the City Engineer for the frontage of the building that houses the business with which the outdoor dining area is associated.

2.

Street furniture may not extend into the clear zone. As used in this subsection, "street furniture" includes, without limitation, benches, trash receptacles, tables and chairs used in outdoor dining areas and other amenities made available for pedestrians.

3.

Any outdoor dining furnishings which are used by a business for which an encroachment permit has been issued:

(a)

Must be of commercial grade.

(b)

Must be designed for outdoor use.

(c)

Must be properly maintained and cleaned regularly.

(d)

If the furnishings are tables and chairs used by a particular business, must be of the same or a similar and compatible design.

(e)

If the furnishings are tables and chairs within the same area of use, must be of the same or compatible color.

(f)

Must not be composed of plastic or resin tables or chairs, or bright, reflective or fluorescent colors.

(g)

Must be composed of materials which meet the following descriptions for the following categories of furnishings:

(1)

Frameworks: Wrought iron, fabricated steel, cast aluminum, cane or teak.

(2)

Seats of chairs: Wrought iron, fabricated steel, cast aluminum, cane, teak or rattan.

(3)

Table tops: Solid tops of slate, marble, granite, faux stone, wrought iron, embossed aluminum, teak, tempered glass, and mesh tops of wrought iron and aluminum. Plastic, resin, and plain metal table tops are not allowed.

(h)

With respect to the size of tables, must be sized appropriately to ensure adequate accommodation of both the usual pedestrian traffic in the area and the operation of the proposed outdoor dining activity, as determined by the City Engineer.

(i)

With respect to umbrellas:

(1)

Must extend from the center of a table or be freestanding.

(2)

Must have a minimum height clearance of not less than seven (7) feet and six (6) inches when erected for use and be secured in the manner prescribed by Carson City development engineering.

(3)

Must have panels which are of the same solid color, except that a complementary solid color may be used for trim such as piping.

(4)

Must not include patterns such as floral designs and stripes or include fluorescent colors, commercial advertisements or logos.

(5)

Must have canopies that are made of canvas.

(6)

Must not have canopies that are made of vinyl or plastic.

(7)

Must have a stand that is made from cast aluminum, wrought iron, fabricated steel or wood.

(j)

With respect to under-umbrella lighting such as directional or tube, and table top lighting such as candles or other low level light sources:

(1)

Must create a soft glow directed at the tabletop or cart surface.

(2)

Must not create glare or light that falls outside of the area of use.

(3)

Must not use bare-bulb neon or emit colored, blinking or flashing lights or lighting commonly known as "chasing" lights.

4.

An outdoor dining area may be delineated by planters. Moveable fencing is allowed in the area of the downtown mixed-use district (DT-MU) known as Bob McFadden Plaza. Fencing must be made of wrought iron or other similar metallic material with clear visibility, and open works shaping, and must not exceed a maximum of three (3) feet and six (6) inches in height. Vinyl and plastic fencing is prohibited.

5.

Unless not reasonably practicable for use as the result of weather, if an outdoor dining area for which an encroachment permit has been issued is not used for a period of thirty (30) consecutive days, the public works department may request a hearing before the Board of Supervisors to seek a suspension or revocation of the encroachment permit.

6.

Any outdoor dining furniture that is left in the public right-of-way during non-business hours may be used by members of the public.

7.

A standing portable propane heater may be used in an outdoor dining area if such use has been reviewed and approved by the Carson City fire department. An electric heater or any other type of heater which uses a fuel other than propane is prohibited in an outdoor dining area.

(Ord. No. 2017-11, § VI, 6-1-2017)

An outdoor merchandise display must:

1.

Be located within the store front zone or corresponding extension zone.

2.

Not be located within the clear zone.

3.

Not be located within an area or in such a manner where it obstructs the line of sight for passing motorists.

(Ord. No. 2017-11, § VII, 6-1-2017)

1.

A street frontage may not have, for each business, more than one A-Frame sign, commonly known as a "sandwich board," and only in accordance with the following requirements:

(a)

The sign must be placed within the store front zone or within the extension zone, as applicable.

(b)

The sign may not be placed within the clear zone.

(c)

Except as otherwise provided in this paragraph, the sign must be manufactured professionally and must not exceed thirty-two (32) inches in width and thirty-six (36) inches in height. A chalkboard frame with erasable letters is allowed.

(d)

The sign must be in good repair and neatly painted or drawn with chalk, as applicable, and may not include an attachment thereto.

(e)

A sign described in this section may not be displayed during non-business hours.

(f)

A sign may not be located in an area or in such a manner where it obstructs the line of sight of passing motorists.

2.

A business may, only during business hours, affix signage on a table that is owned by the business and which is located in the area subject to a valid encroachment permit issued under the provisions of this chapter, to indicate that the table is reserved for use by patrons of the business.

(Ord. No. 2017-11, § VIII, 6-1-2017)

1.

The portion of a right-of-way that is subject to an encroachment permit is taxable pursuant to NRS 361.157 for the portion of the property used and the percentage of the time during the fiscal year that the property is used. A copy of the encroachment permit will be forwarded to the Carson City Assessor to determine taxation.

2.

A clear zone that is unobstructed by any permanent or nonpermanent street furniture, outdoor merchandise displays, benches, trash receptacles, outdoor dining areas and other pedestrian amenities is required to be maintained by the business whose store front zone corresponds to the length of that clear zone.

3.

Outdoor dining areas and merchandise displays are prohibited within ten (10) feet of a fire hydrant, fire department standpipe connection, fire escape, bus stop, mailbox, any doorway indicated for use as an exit, loading zone or traffic signal stanchion.

4.

The holder of an encroachment permit issued pursuant to Section 11.35.120 of this chapter may not make or cause to be made a permanent change to any portion of a sidewalk or the public right-of-way within the area of the downtown mixed-use (DT-MU) district known as Bob McFadden Plaza. Any damage to property owned by the City as the result of such a change must be repaired or replaced at the sole cost of the holder of the encroachment permit and to the satisfaction of the City.

5.

Any outdoor dining furnishing and merchandise display must be maintained in a safe and clean condition. Furnishings may not be stacked outside at any time.

6.

A planter or movable container made of terra cotta, concrete or ceramic may be placed in a store front zone if it is maintained by the owner or tenant of the property in front of which it is placed. Any species of plant intended for use in a planter or movable container must be drought tolerant and a perennial or annual.

7.

Any application for an outdoor display of art must be reviewed by the Public Art Project Panel for approval.

8.

The use of any loud speaker, television, radio or other similar device capable of projecting sound or images outdoors is prohibited without the approval of the City.

9.

The use of an electrical receptacle in a public right-of-way:

(a)

Is prohibited without the approval of the City.

(b)

May only be allowed during a special event.

10.

Any proposed change to an outdoor dining area or merchandise display may be submitted to the Public Works Department as an addendum to the original application without additional cost by the holder of the encroachment permit.

11.

An encroachment permit is valid during the period of ownership of the business by the holder of the permit at the location for which the permit was issued, and may not be assigned or transferred to any other party.

(Ord. No. 2017-11, § IX, 6-1-2017)

1.

If an outdoor dining establishment offers service of alcoholic beverages, the holder of the encroachment permit issued for the establishment must have the applicable liquor license for on-site consumption, including proof of the name and location of the business from which the alcohol was purchased.

2.

Any restaurant that provides such service must maintain liquor liability coverage as part of its general liability policy.

(Ord. No. 2017-11, § X, 6-1-2017)

1.

The holder of an encroachment permit issued pursuant to the provisions of this chapter shall:

(a)

Maintain at all times at his or her sole cost and expense the common areas within twelve (12) feet of any encroachment boundary adjacent to his or her business for which the permit was issued to ensure that such areas are free and clear of items sold, provided or generated by the holder, including, without limitation, trash, debris, and spillage or unconsumed or unattended food and beverages.

(b)

Provide for power washing concrete and any other necessary cleaning within the sidewalk area for which he or she holds an encroachment permit.

(c)

Provide for the removal of trash, and the policing or monitoring of areas downwind of the location for which he or she holds an encroachment permit to ensure the removal of trash that may have originated from his or her business.

2.

To minimize litter and debris where table service is provided or where food is served to a customer to be taken and eaten on site within the outdoor dining area:

(a)

Plates, glasses, cups, and silverware must be made of non-disposable materials such as glass, ceramic or metal.

(b)

Napkins must be made of non-disposable materials such as cloth.

3.

The use of disposable food containers, utensils, and napkins is prohibited unless the food or beverage is served or packaged in a manner to be consumed off-site as carryout.

(Ord. No. 2017-11, § XI, 6-1-2017)

1.

The operation of an outdoor dining area or the use of a merchandise display pursuant to an encroachment permit is a privilege under the provisions of this chapter. The City has the right and absolute authority to prohibit the operation of an outdoor dining area or the use of an outdoor merchandise display at any time as the result of anticipated or actual problems and conflicts in the use of the public right-of-way area. Such problems and conflicts may arise from other uses including, without limitation, scheduled festivals and similar events or parades or marches, repairs to the street or sidewalk or demonstrations or emergencies occurring in the area. To the extent possible, the holder of an encroachment permit whose business may be affected will be given prior written notice of any period during which the operation of the outdoor dining area or outdoor merchandise display will be prohibited by the City, but the failure or inability of the City to issue such notice does not under any circumstance constitute a waiver or surrender of the City's lawful authority to require the temporary or permanent removal of an outdoor dining area or outdoor merchandise display.

2.

Notwithstanding any prohibition on the operation of an outdoor dining area or the use of an outdoor merchandise display pursuant to subsection 1, the holder of an encroachment permit is not entitled to a reimbursement or apportionment of any tax assessment for the period of prohibition for so long as the permit is maintained.

(Ord. No. 2017-11, § XII, 6-1-2017)

1.

A person shall not use the public right-of-way for outdoor dining or merchandise display without an encroachment permit. A person may request an encroachment permit by submitting to the City Engineer a completed application in a form prescribed by the City and which may be obtained in person at 108 E. Proctor Street.

2.

The City Engineer shall examine or cause to be examined an application or amendment thereto as soon as reasonably practicable after the application is received. The denial of an application must be made in writing and include the reasons for the denial.

3.

An encroachment permit may be issued upon such terms, conditions and fees as deemed appropriate by the City. Any design or signage terms or conditions must also satisfy the minimum standards for the downtown mixed-use district (DT-MU) as set forth in Division 6 of Title 18, Appendix.

4.

The City Engineer shall not issue an encroachment permit unless, at a minimum, the following conditions are satisfied:

(a)

The applicant has paid the required application fee, which may be an amount established by the City.

(b)

The applicant has executed a hold harmless agreement in a form acceptable to the City.

(c)

The applicant has provided evidence of liability insurance naming Carson City as an additional insured in the amount of at least one million dollars ($1,000,000) for a single occurrence and two million dollars ($2,000,000) in the aggregate. If an outdoor dining use offers alcoholic beverage service, liquor liability coverage must also be included in the general liability policy. A certificate of liability insurance must be provided to the City annually.

(d)

The applicant has agreed to such other conditions as are required by the City Engineer as necessary for public safety or to protect public improvements.

(e)

The applicant has agreed to any other conditions necessary to restore the appearance of the sidewalk upon expiration, suspension or revocation of the encroachment.

(Ord. No. 2017-11, § XIII, 6-1-2017)

1.

A permit may be suspended or revoked by the Board of Supervisors following notice to the holder of the permit and a noticed public hearing. A notice issued pursuant to this subsection must be delivered by certified mail, postage prepaid and return receipt requested, or hand delivered not less than ten (10) business days before the date of the hearing. Except for good cause or by consent of the holder of the permit, a public hearing pursuant to this subsection must be held not more than twenty (20) business days after the date on which the notice was served.

2.

An encroachment permit may be suspended or revoked if the Board determines that:

(a)

One or more condition of the permit has been violated;

(b)

The area subject to the encroachment permit is being operated or used in a manner which constitutes a nuisance under CCMC Chapter 8.08; or

(c)

The operation of the outdoor dining area or area for merchandise display unduly impedes or restricts the movement of pedestrians.

3.

The holder of an encroachment permit issued pursuant to the provisions of this chapter may voluntarily surrender his or her permit at any time.

(Ord. No. 2017-11, § XIV, 6-1-2017)