A.   Title: This chapter shall be known as the NUISANCE ORDINANCE OF THE CITY OF ELKO, may be cited as such, and will be referred to hereafter as the "nuisance code".

   B.   Purpose And Scope:

      1.   It is determined and declared as follows:

         a.   The city has a substantial and legitimate interest in seeing that its community, including property, buildings and premises within its limits, is kept in a safe and aesthetically pleasing condition;

         b.   The keeping or maintaining of property, buildings and premises at variance with the level of maintenance of surrounding properties will result in blighting and/or unsafe conditions and substantial diminution in the employment, use, aesthetic and property values of such surrounding properties; and

         c.   It is desirous to promote the maintenance of property, buildings and premises in order to enhance the community appearance, and the safe, social and economic conditions of the community.

      2.   The purpose of this chapter is to protect the health, safety and welfare of the citizens of the city and to promote the maintenance of property, buildings and premises in order to enhance the livability, community appearance, and the safe, social and economic conditions of the community.

      3.   This chapter shall apply to all property, buildings and premises within the city without regard to the use, the date of construction or alteration.

      4.   The city council prefers that actions to declare and abate a public nuisance proceed through municipal court; however, nothing prohibits the city manager from proceeding before the city council. (Ord. 589, 10-3-2002)

Any term used herein in the singular shall include the plural, and any such term used in the plural shall include the singular. The word "person" shall include any natural person, firm, company, partnership or corporation, and the provisions of this chapter shall apply to any owner, lessor or lessee of the premises.

   ABANDONED VEHICLE: Any vehicle:

   A.   Upon a city street, highway or road which is so disabled or in which a state of disrepair that its normal operation is impossible or impractical;

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

   C.   Which has not been moved or used for more than fourteen (14) consecutive days and reasonably appears to have been deserted 1 .

   ABATEMENT: The removal, stoppage or destruction of that which causes or constitutes a public nuisance, whether by breaking or pulling it down, or otherwise destroying or effacing it.

   CITY: The city of Elko.

   CITY COUNCIL: The city of Elko city council.

   CLASSIC ROD: Any passenger car or light commercial vehicle entitled to registration with the Nevada department of motor vehicles as a "classic rod" which:

   A.   Has a manufacturer's rated carrying capacity of one ton or less; and

   B.   Was manufactured not later than 1949, but at least twenty (20) years before the date of application for registration 2 .

   CLASSIC VEHICLE: Any passenger car or light commercial vehicle entitled to registration with the department of motor vehicles as a "classic vehicle" which:

   A.   Has a manufacturer's rate carrying capacity of one ton or less;

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

   C.   Contains only the original parts which were used to manufacture the vehicle or replacement parts that duplicate those original parts 3 .

   JUNK VEHICLE: A vehicle, including component parts, which:

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

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

   C.   Is not registered with the Nevada department of motor vehicles; and

   D.   Has value principally as scrap which does not exceed two hundred dollars ($200.00) 4 .

   OCCUPANT: Legal entity that, through rights of ownership or rental, has the use and enjoyment of the subject real property for residential or commercial purposes.

   OWNER: A legal entity listed as current or rightful owner as recorded in the official records of the Elko County recorder's office.

   PREMISES: Land and the building or structures upon it.

   PROPERTY: Any real property, real estate, land, lot, or part of real property, real estate, land or lot.

   RESPONSIBLE PARTY: A tenant, occupant, lessor, lessee, manager, licensee, or other person having control over a structure or parcel of land and, in the case where the demolition of a structure is suggested as a means of abatement, any lienholder whose lien interest is recorded in the official records of the Elko County recorder's office.

   RUBBISH: Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

   STREET ROD: Any passenger car or light commercial vehicle entitled to registration with the Nevada department of motor vehicles as a "street rod" which:

   A.   Has a manufacturer's rate carrying capacity of one ton or less; and

   B.   Was manufactured not later than 1948 5 .

   STRUCTURE: A walled and roofed building or manufactured home that is principally aboveground.

   TRAILER: Any wheeled tow behind a vehicle that can be utilized for any intended commercial, private, residential or industrial function.

   UNREGISTERED VEHICLE: Any vehicle or component thereof on which there is not displayed evidence of current registration with the Nevada department of motor vehicles or current registration with a similar agency of another state.

   VEGETATION WHICH IS A PUBLIC NUISANCE: Any natural or person planted products that have been allowed to grow unkept and have become hazardous, a fire hazard or have become a rodent, diseased or insect determined habitat upon any open, graded or improved parcel, lot or property within the city limits.

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

   WEEDS: A useless and troublesome plant of negligible or no value and usually of uncontrolled growth. (Ord. 589, 10-3-2002)

It shall be unlawful for any person to commit or maintain a public nuisance, or wilfully omit or refuse to perform any legal duty relating to the removal of any such public nuisance, and it shall be unlawful for any person to rent or lease, or permit to be used, any building or portion thereof, knowing that the same is intended to be, or is being used for, committing or maintaining any such nuisance. (Ord. 589, 10-3-2002)

Each and all of the things, properties, acts, commissions, omissions, performances, failures and operations in this section set forth, within the limits of the city, are hereby declared to be and are, and each of them is, declared to be and is a public nuisance:

   A.   Businesses, premises and acts. Any business, occupation, premises, act or thing which is not ordinarily a nuisance per se, is, and each of them is, hereby declared to be a nuisance when, by reason of its or their location, nature, time or method of operation, or effect, it or they shall intend to injure or interfere with the health, peace, comfort, convenience, safety or enjoyment of the public or one or more persons in the neighborhood.

   B.   Every place:

      1.   Wherein any swindling game or device therefor shall be kept;

      2.   Wherein any fighting between animals and/or birds shall be conducted; or

      3.   Wherein any intoxicating liquors are kept for unlawful use, sale or distribution.

   C.   Every act unlawfully done and every omission to perform a duty, which act or omission:

      1.   Shall annoy, injure or endanger the safety, health, comfort or repose of any considerable number of persons;

      2.   Shall unlawfully interfere with, befoul, obstruct or tend to obstruct, or render dangerous for passage or use, a lake, river, stream, canal, ditch or public park, square, street, alley, bridge or highway; or

      3.   Shall in any way render a considerable number of persons insecure in life or the use of property.

   D.   Dangerous blasting. Blasting, when the same is injurious to neighboring property owners or to neighboring property.

   E.   Explosives. The manufacture, storing or keeping of explosives in large quantities, without the special permission of the city council.

   F.   Unguarded cellar doors. Cellar doors on sidewalks, when not properly guarded or protected.

   G.   Dangerous excavations. Excavations so close to any public street or alley as to render it dangerous for a person using the way lawfully and with ordinary care, unless such excavation is properly guarded against the occurrence of accident.

   H.   Obstruction on streets or alleys. The obstruction of any street or alley, or part thereof, except such part as may be necessary in the erection and construction of buildings or other improvements upon the adjoining property.

   I.   Offensive matter. The discharge of any sewage, garbage, refuse or other noxious matter in any street, alley, gutter or highway. The accumulation of refuse and other waste to the point it annoys, injures or endangers the safety, health, comfort or repose of any person.

   J.   Dense smoke. Any chimney, stationary engine, boiler, smokestack or other machine, engine, receptacle, pipe or conduit from which is emitted black or dense smoke or fumes, or smoke, fumes or gases containing soot, cinders or other matter, at such times or places or in such quantities as to be injurious to the public health or as to result in such deposits of soot or other substances as to injure or interfere with the health, comfort, peace or enjoyment of neighboring residents.

   K.   Noxious or dry weeds. Weeds which are by their nature noxious or which when dry constitute a danger or menace of catching or spreading of fire.

   L.   Vegetation which is a public nuisance. Any natural or person planted products that have been allowed to grow unkept and have become hazardous, a fire hazard, or become a rodent, diseased or insect determined habitat upon any open, graded or improved parcel, lot or property within the city limits.

   M.   Burning weeds and rubbish. The burning of weeds or other rubbish, except with the permission of, and in accordance with, the regulations of the proper authorities by obtaining a burn permit from the city fire department when sanctioned.

   N.   Public nuisance shall further mean any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack, vehicle, or any excavation, hole, pit, basement, cellar, sidewalk, subspace, dock or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, damage or injury to any one or more individuals in the city, in any one or more of the following particulars:

      1.   By reason of being a menace, threat and/or hazard to the general health and safety of the community.

      2.   By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.

      3.   By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, and/or failing to complete improvements of any nature, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.

   O.   Hazardous materials. Any substance as defined as a hazardous material by the code of federal regulations 49 or any substance defined as a hazardous waste by the code of federal regulations 40, which, because of improper transportation, storage, use or disposal, may cause an unreasonable risk to safety, health and/or property. The spill or escape of any such substance may, in the discretion of the fire chief or police chief, be immediately declared a public nuisance and ordered abated at the expense of the at fault party and/or owner of such substance.

   P.   Outside storage of vehicles, trailers, equipment, building material and other property, unless protected in such manner as to prevent the harboring of insects, flies, rodents, snakes and other animals.

   Q.   Junk, abandoned and/or unregistered vehicles.

      1.   Except as stated herein, the keeping of, for any reason, any junk, abandoned and/or unregistered vehicle or vehicles on any highway, street or other thoroughfare or upon any public or private property within the city.

      2.   The provisions of subsection Q1 of this section do not apply to:

         a.   Persons licensed pursuant to Nevada Revised Statutes section 487.050 or 487.410;

         b.   Junk or unregistered vehicles on private property of a licensed dealer, manufacturer, distributor or rebuilder of vehicles;

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

         d.   Junk or unregistered vehicles on private property used by any person engaged in the restoration of one or more vehicles entitled to registration as a street rod, classic rod or classic vehicle;

         e.   No more than two (2) junk vehicles that do not qualify under subsection Q2a through Q2d of this section;

         f.   No more than two (2) unregistered vehicles which:

            (1)   Are on private property and, if on the ground, have all tires inflated and affixed thereto or, if raised, have all tires affixed thereto.

            (2)   Have no shattered window glass, and the hood, fender, doors, truck and all other body components affixed thereto and maintained in a closed position, and have not sustained collision damage.

      3.   The abandonment of a vehicle upon any highway, street or other public thoroughfare, or upon any public or private property within the city.

      4.   The police chief or any peace officer who has reasonable grounds to believe a vehicle has been abandoned shall attach a notice to said vehicle, in the form of a citation for illegal parking, and if said vehicle has not been removed within forty eight (48) hours after such notice is attached to said vehicle, the police chief or peace officer is authorized to remove or cause to be removed any such vehicle from any street, highway, public thoroughfare, public or private property, for the purpose of storage or disposition, to any garage or storage facility within the city.

      5.   If the owner of the junk, abandoned and/or unregistered vehicles fails to remove the vehicle as designated in the notice of violation served under subsection Q4 of this section, the city manager, the building inspector, the fire chief, the chief law enforcement officer or the city engineer, or any of them or their authorized designee, is authorized to have the junk, abandoned and/or unregistered vehicle towed from the place of violation to a designated place. The owner of the abandoned vehicle, including secured parties and the owner and any secured parties of the junk or unregistered vehicle, as well as the property owner or responsible party where the junk or unregistered vehicle is improperly located, shall be held liable for the costs of removal and storage. (Ord. 589, 10-3-2002)

Whenever a written complaint is filed with the office of the city clerk alleging the existence of a "public nuisance", as defined herein, within the city, the office of the city clerk shall notify the city manager, who shall have the appropriate city official investigate said complaint. Nothing herein shall prevent the police chief, fire chief, building inspector or other city personnel from identifying and reporting a nuisance. (Ord. 589, 10-3-2002)

The official to whom such notification is given by the city manager, shall investigate the facts claimed to amount to a nuisance and shall report verification, or lack thereof, to the city manager within ten (10) days. (Ord. 589, 10-3-2002)

   A.   Prior to providing written notice to the property owner and/or occupant as provided for in subsection B of this section, the police chief or his designee, fire chief or his designee, or building official or his designee, may mail a notice of the complaint regarding the nuisance to the owner or appropriate person in charge or in control of the premises upon which the nuisance exists. Such written notice shall provide that the commencement of work to remove the nuisance must take place within a maximum of ten (10) days of mailing of the notice, otherwise, the nuisance shall be filed with the city manager for further action.

   B.   Upon receipt of the verification required by section 5-1-6 of this chapter, or if the nuisance is not removed as prescribed by the notice provided by the police chief, fire chief or building official, the city manager shall, unless the matter is referred to the city attorney as provided hereafter, mail by certified mail, return receipt requested, a notice of the complaint of existence of a nuisance to the owner or appropriate person in charge or in control of the premises upon which the nuisance exists. As a separate or additional remedy, the city manager may provide the city attorney's office a copy of all investigative material for the purpose of filing an action in the municipal court for prosecution of a violation of this code and abatement of the nuisance. In the event of a conviction in municipal court, the judge, in addition to his or her other customary sentencing powers, may exercise any of the powers conferred upon the city council upon a finding that a public nuisance exists. (Ord. 601, 5-25-2003)

If the city manager elects to serve notice on the appropriate person, the notice shall require:

   A.   Time Limit For Removal: Commencement of work for the removal of the nuisance within five (5) days after mailing of the notice, and removal of the nuisance by a specified date which shall be within a reasonable time after the commencement of the work; or

   B.   Hearing Request: Within five (5) days of the mailing of the notice, a request in writing from the owner or other appropriate person that a hearing be held before the city council to determine if in fact a nuisance does exist, whether such nuisance should not be abated or removed, or that it be shown that there is no nuisance or that the nuisance was caused by the city. The date specified in the notice by which the owner or other appropriate person must abate the condition is tolled for the period during which a hearing is requested and a decision is received.

   C.   Evidence Presented At Hearing: The city council may proceed to take evidence at the hearing so noticed and the person so noticed is entitled to be heard. (Ord. 589, 10-3-2002)

After such hearing, if in the judgment of the majority of the city council a nuisance does in fact exist, the city council shall order the same to be abated or removed within such reasonable time as the city council shall designate and the city council shall instruct the city clerk to give notice to the owner or other appropriate person in the manner herein above set out, to abate and remove the same, which said notice shall require the commencement of work, to abate or remove the same within five (5) days after proof of receipt of said notice and to complete the same within a reasonable time thereafter as designated by the city council. (Ord. 589, 10-3-2002)

   A.   Authorized: If work to abate and remove said nuisance is not commenced within said five (5) day period after proof of receipt of said notice and posting of notice, or said nuisance is not abated or removed within the reasonable time designated by the city council, the city, through its various departments, shall have authority to enter upon the property to abate or remove the nuisance, and upon the completion of said abatement, departments shall file with the city clerk a statement of costs to include the amount of work done, all expenses and costs incurred of any nature whatsoever, a description of the premises upon which the work was done, and the name of the person, if known, chargeable with such costs and expenses, all as more specifically set forth hereafter. The city council thereupon at a regular meeting shall determine if said costs and expenses were proper, the name of the person chargeable therewith and the description of the premises against which a lien shall be placed.

   B.   Lien For Cost Of Removal: The city council may provide that the expenses of removing or abating the nuisance shall be a lien upon the property upon which the nuisance is located. Such lien shall be perfected by certified mail of a notice of the lien to the owner, or other appropriate person, and forwarded to the last known address as set forth in Nevada Revised Statutes section 268.4124(4)(a), and by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.

   C.   Extent Of Abatement: In abating such nuisance, the city may go to whatever reasonable and just extent may be necessary to complete the abatement of the public nuisance and should it be practicable to salvage any material derived from the aforesaid abatement, the city may sell the salvaged material at public sale for the best price obtainable and shall keep an accounting of the proceeds thereof.

   D.   Proceeds Of Sale Of Materials: The proceeds, if any, obtained from the sale of any material salvaged as a result of an abatement of a public nuisance by the city shall be deposited to the general fund of the city and any deficit between the amount so received and the cost of the abatement may be levied as a lien against the property in question by the city council and collected as any other assessment by the city; however, any other alternative collection method may be utilized by the city to recoup the deficit. Should the proceeds of the sale of such salvaged material exceed the cost of abatement, the surplus, if any, shall be paid to the owner of the property from which the public nuisance was first abated when a proper claim to the excess is established.

   E.   Assistance Utilized In Abatement: In abating a public nuisance, the city council may call upon any of the city departments or divisions for whatever assistance shall be deemed necessary or may by private contract cause the abatement of the public nuisance.

   F.   Statement Of Costs Filed: The city shall, within fifteen (15) days after completing the removal and abatement, cause a statement of costs to be filed with the city clerk. (Ord. 589, 10-3-2002)

   A.   Contents Of Notice: Upon receipt of the statement of costs, the city clerk shall provide, by certified mail or hand delivery, to the property owner of the property on which the public nuisance has been abated, notice of the amounts set forth in the statement, plus an additional amount sufficient to defray the costs of the notice and stating that the costs of abating the nuisance is a lien upon the property. The city clerk shall further state the full amount must be paid within twenty (20) days of the certified mail or hand delivered notice or an objection filed within twenty (20) days of the certified mail or hand delivered notice. If the payment or objection is not received, the city clerk shall perfect the lien by filing a statement with the county recorder of the amount of expenses due and unpaid in accordance with the city charter section 2.290.

   B.   Objection; Hearing: If objection of either the property owner or their representative are received by the city clerk prior to the expiration of the twenty (20) day period, the city clerk shall refer the matter to the city council for review at the next regular meeting. The owner shall be notified in writing by regular mail that the city council shall hear evidence concerning the statement of costs at the specified date and time.

   C.   Uphold Of Decision: If, after the hearing, it is determined the proposed lien or any part of it is proper and authorized, the city council shall direct the city clerk to record with the county recorder a statement of the amount of expenses due and unpaid and a description of the property subject to the lien. (Ord. 589, 10-3-2002)

The city council may provide any other civil penalties for persons responsible for such nuisance as the city council deems proper under the circumstances and in accordance with the provisions of the city charter section 2.290. (Ord. 589, 10-3-2002)

Nothing herein contained shall prevent the maintenance of a suit by the city against any of the persons herein mentioned to collect the expense of such abatement or removal or the prosecution criminally under the ordinances of the city of any person creating, maintaining, causing or committing a nuisance or owning or in possession, charge or control of the real property upon which a nuisance is created, maintained, caused or committed. (Ord. 589, 10-3-2002)

Any lien for the expense of abatement and civil penalty as provided herein shall:

   A.   Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien, which sum shall include any civil penalty assessed by the city and shall bear interest at the rate of ten percent (10%) per annum unless otherwise mandated by law.

   B.   Be coequal with the latest lien thereon to secure the payment of general taxes.

   C.   Not be subject to extinguishment by the sale of any property on the account of the nonpayment of general taxes.

   D.   Be prior and superior to all liens, claims, encumbrances and titles, other than the liens of assessments and general taxes. (Ord. 589, 10-3-2002)

   A.   Generally: The remedies herein are cumulative and the city may proceed under one or more such remedies.

   B.   Violations: In addition to any cost incurred, any person in violation of any of the provisions of this nuisance code:

      1.   Upon conviction, shall be guilty of a city offense and punished as provided in section 1-3-1 of this code;

      2.   Shall be subject to the abatement notices, appeal procedures and lien or civil action provisions of this chapter;

      3.   Each day that a violation of this chapter continues, whether pursued criminally or civilly, constitutes a separate violation for purposes of criminal prosecution or civil proceedings; and

      4.   Upon a finding by a court of competent jurisdiction that a nuisance exists, the court may order the city to secure and close the property. In addition, the court may order the owner to pay the city for all costs and fees incurred by the city in abating the condition and order any other appropriate relief.

   C.   Transfer Not Relief: The transfer of any and all interest in any manner of any property, building or premises against which a notice of violation has been issued shall not relieve the parties served with such notice.

   D.   Requirements For Transfer: Any legal entity, real or statutory, who transfers an interest, including, but not limited to, a sale, trade, lease, gift or assignment in any property, building or premises against which a notice of violation has been served shall either:

      1.   Obtain a written assumption of liability from the new owner of record for the items listed in the notice of violation; or

      2.   Acknowledge, in writing, its responsibility for compliance with the notice of violation.

A copy of the assumption or acknowledgment shall be presented to the city within ten (10) days of the transfer.

   E.   Responsible Person: The owner of record, as recorded in the county recorder's office records, of the property upon which a violation of this nuisance code shall be presumed to be a person having lawful control over the property, building or premises. If more than one person shall be recorded as the owner, said person shall be jointly and severally presumed to be persons having lawful control over the property, building or premises. (Ord. 589, 10-3-2002)

All contrary provisions in this chapter notwithstanding, whenever the building inspector or in his or her absence, the city manager, determines a public nuisance exists and the public health, safety or welfare may be in immediate danger, then he shall notify the mayor and/or a majority of the city council who may call an emergency council meeting, in accordance with the open meeting law and section 2.060 of the city charter, to seek an abatement order from the city council. When emergency abatement is authorized, notice to the owner is not required prior to abatement; however, the provisions regarding notice of the statement of costs shall apply. (Ord. 589, 10-3-2002)

That upon adoption, the city clerk is hereby directed to have the ordinance codified herein published, by title only, together with the council members voting for or against its passage, in the "Elko Daily Free Press" newspaper, a newspaper printed and published in the city, for at least one publication.

This chapter shall be effective upon the publication mentioned above.

This chapter shall apply to all nuisances concerning any properties, conditions and uses with the city irrespective of whether the nuisance, use or condition was commenced or existed prior to the addition of this chapter. (Ord. 589, 10-3-2002)

It shall be unlawful for any person to maliciously and wilfully disturb the peace or quiet of any neighborhood, or person or family, by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting. (Ord. 782, 6-10-2014)

It shall be unlawful for two (2) or more persons to assemble for the purpose of disturbing the public peace, or committing any unlawful act, and not disperse, on being desired or commanded so to do by a judge, justice of the peace, sheriff, coroner, constable, police officer or other public officer. (Ord. 782, 6-10-2014)

It shall be unlawful for any person to, by word, sign or gesture wilfully provoke, or attempt to provoke, another person to commit a breach of the peace. (Ord. 782, 6-10-2014)

   A.   It shall be unlawful for any person or persons to make, permit, continue or cause to be made or to create any unreasonably loud, disturbing and unnecessary noise in the city that is audible to a person with ordinary hearing within one hundred fifty feet (150') of any district zoned residential except for:

      1.   Sound emanating from scheduled athletic or special event on public property;

      2.   Sounds from or at parades, or street fairs and similar festivals sponsored, permitted or sanctioned by the city of Elko;

      3.   Noise from all governmental operations;

      4.   Noise from any sanitation operations;

      5.   Noise from all lawful fireworks or noisemakers on holidays;

      6.   Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster, to restore or repair public or private utilities, or to protect persons or property from an imminent danger;

      7.   Subject to subsection C of this section, private construction activities; and

      8.   Noise from lawful business activities (except for private construction activities).

   B.   It shall be unlawful for any person or persons to allow any idling of vehicles for a period of longer than thirty (30) minutes in any district zoned residential, industrial or commercial, or in any location within one hundred fifty feet (150') of a district zoned residential.

   C.   It shall be unlawful for any person or persons to engage in private construction activities between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. without the prior written approval of the city of Elko.

   D.   For purposes of this section, the following definitions shall apply:

   DISTURBING: Noise which is perceived by a person of ordinary sensibilities as interrupting the normal peace and calm of the area.

   UNNECESSARY: Any excessive or unusually loud sound or any sound which is of such character, intensity and duration as to disturb the peace and quiet of any neighborhood or which disturbs, injures or endangers the comfort, repose, health, peace or safety of any person.

   UNREASONABLY LOUD: Noise which is substantially incompatible with the time and location where created to the extent that it creates an actual or imminent interference with peace or good order. (Ord. 782, 6-10-2014)

It shall be an unlawful offense for any person to engage in any of the following conduct:

   A.   Soliciting anyone to engage in or engaging in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;

   B.   Without both prior permission from the property owner and a valid license issued by the city (if a license is required), accosting any other person in any public place or in any place open to the public for the purpose of begging for food, money or other articles, or for the purpose of selling or attempting to sell any form of personal property, to include food items or small articles; provided, as used in this paragraph, the term "accosting" shall mean approaching, speaking to or touching another person in a challenging or aggressive way;

   C.   Going from house to house begging for food, money or other articles; or

   D.   Lodging in any building, structure or place, whether public or private, without the permission of the owner or person entitled to the possession or in control thereof;

   E.   Occupying public streets, curbs or roadway medians for the purpose of begging for food, money or other articles when doing so creates a safety hazard. (Ord. 782, 6-10-2014)

It shall be unlawful for any person to use any profane or obscene language upon any street or alley, or in any public place, within the hearing of any person. (Ord. 782, 6-10-2014)

It shall be unlawful for any person, within the limits of the city, to designedly make an indecent or obscene exposure of his or her person to the person of another. (Ord. 782, 6-10-2014)

It is unlawful to urinate or defecate on public property except in a public restroom or to urinate or defecate on private property in the view of any person on public property. (Ord. 782, 6-10-2014)

   A.   No person shall sit or lie down in any entrance to any building if that entrance is posted with a sign prohibiting such conduct. For purposes of this section, "entrance" means the entire area between the outer edge of an entrance to a building and the exterior door, and includes the entry way, doorway or vestibule.

   B.   The prohibition contained in this section shall not apply to any person sitting or lying down in any entrance to a building due to a medical emergency. (Ord. 782, 6-10-2014)

   A.   A person shall not, with the intention of interfering with the free passage of pedestrians thereon, physically block or attempt to block with his or her own body or an object or vehicle, that portion of a public sidewalk used for pedestrian travel.

   B.   A person shall not physically block or attempt to block with his or her own body or any object or vehicle, with the intent of interfering with the free ingress or egress of pedestrians or vehicular traffic, the entrance to or exit from any public or private property abutting a public sidewalk. (Ord. 782, 6-10-2014)

Every person who violates the provisions of this chapter shall be punished as provided in title 1, chapter 3 of this code. (Ord. 782, 6-10-2014)

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

 

A public city animal shelter is hereby provided and established, and the same shall be located at such place in the city as shall be fixed from time to time by the city council. (Ord. 662, 2-28-2006)

   A.   Animal Control Officer: Unless otherwise provided by the chief of police, there shall be an animal control officer.

   B.   Animal Shelter Manager: The city manager shall appoint an animal shelter manager. If at any time there should be no duly appointed and acting animal shelter manager, the duties of the animal shelter manager shall be performed by a person appointed by the city manager. (Ord. 662, 2-28-2006; amd. Ord. 883, 8-22-2023)

   A.   Animal Control Officer: Animal control officer duties are as follows:

      1.   The animal control officer is hereby empowered to enforce all provisions of this chapter and all laws of the state relating to the care, treatment, control, regulations and impounding of animals. The animal control officer is further empowered to take up, impound and safely keep any animal found to be in violation of the provisions of this chapter.

      2.   The animal control officer shall deliver to the animal shelter manager and keep a true and complete record of the number and description of all animals and fowl taken into his/her custody, with the date of their receipt, and the date and manner of their disposal.

      3.   The animal control officer is hereby authorized and directed to take up and impound any animal kept or found on private or public property if such animal has been observed by said animal control officer to be in violation of any of the provisions of this chapter, or if such animal is being subjected to torture or cruelty as defined in Nevada Revised Statutes section 574.050. The officer should exercise caution when utilizing this right of entry. If the owner by some act, bars the officer's way onto the premises, the officer should retire from the scene. The animal control officer shall leave written notice of impoundment on the premises from which the animal is taken at the time it is taken.

      4.   It shall be unlawful for any person to interfere or attempt to interfere with the animal control officer, any police officer, the animal shelter manager, or any shelter employees in the performance of any duty imposed by the provisions of this chapter and every person who shall unlawfully take or attempt to take any dog seized pursuant to the provisions hereof, from the custody of the animal control officer or any police officer and every person who shall remove or attempt to remove from the city animal shelter any dog, cat or other animal or fowl impounded therein, without having first redeemed the same as provided, or obtained permission from the animal control officer or animal shelter manager to do so, shall be subject to the penalties provided by this chapter.

   B.   Animal Shelter Manager: Animal shelter manager duties are as follows:

      1.   The animal shelter manager shall act as the chief administrator of the city animal shelter and shall provide for the intake and care of animals brought to the city animal shelter by the animal control officer, police officers, and other persons as authorized by this chapter.

      2.   The animal shelter manager shall keep a true and complete record of the number and description of all animals and fowl taken into custody, with the date of their receipt, and the date and manner of their disposal, with the fees and charges collected on account of the animals and fowl, and the disposition thereof. The record shall be kept in a book or database provided for that purpose, which shall be the record book of the office of the animal shelter manager, and not be removed therefrom. He/she shall also keep conspicuously posted, at the entrance of the animal shelter and in his/her office, a list of all animals impounded and detained by him/her. He/she shall also provide necessary subsistence for all animals and fowl while in his/her custody.

      3.   The animal shelter manager shall provide for the daily sanitation, maintenance and repair of the animal shelter facilities and shall promptly notify the city manager in the event major maintenance and repair needs are discovered.

      4.   The animal shelter manager shall administer in conjunction with the human resource department and the city manager, the city policies and procedures concerning personnel matters, including, but not limited to, disciplinary matters, record keeping, wages and benefits.

      5.   The animal shelter manager shall participate in the city budgetary process concerning the animal shelter to the extent required by the city manager. (Ord. 662, 2-28-2006; amd. Ord. 883, 8-22-2023)

The city council shall have the authority to provide for by contract the maintenance and operation of the city animal shelter by an independent contractor. In such event, the contract may modify and supersede provisions contained herein regarding the office of the animal shelter supervisor and his duties. (Ord. 662, 2-28-2006)

(Rep. by Ord. 662, 2-28-2006)

Unless such powers are otherwise provided for by contract by the city council, the animal shelter manager shall have the power to purchase on the credit of the city, all necessary forage or feed for impounded animals and fowl, and shall certify to all accounts therefor, which upon presentation to the city council, if found correct, shall be ordered paid. (Ord. 662, 2-28-2006; amd. Ord. 883, 8-22-2023)

It shall be the independent duty of the animal control officer and animal shelter manager to deliver to the city finance department, on a timely basis or as required by the financial department, all monies received in the performance of their respective duties. All expenditures by the animal control officer or animal shelter manager shall be made pursuant to the city purchasing policy. (Ord. 662, 2-28-2006; amd. Ord. 883, 8-22-2023)

   A.   License And Inoculation Required: Except as otherwise provided herein, it shall be unlawful for any person owning, harboring or having the care, custody or possession of any dog or cat or ferret to keep or maintain any such dog or cat or ferret in any place in the city, unless such dog is licensed and such dog or cat or ferret is inoculated as provided in this chapter. For purposes of prosecution, failure to license and failure to inoculate are separate offenses. All cats or ferrets over four (4) months of age shall be inoculated against rabies by a veterinarian. A person having a dog or cat fancier's permit or a special use permit, as set forth in subsection C of this section, may make an application to the animal control officer for inspection of their dogs or cats by the animal control officer; and shall then pay the annual fee set by resolution of the city council on their spayed/neutered or nonspayed/nonneutered dog or cat to the city.

   B.   Requirements For Licensing: The animal shelter personnel or authorized representatives shall not license any dog until:

      1.   It has been inoculated against rabies by a veterinarian and the owner or custodian of said dog has produced a certificate of inoculation from such veterinarian, the expiration date of which shall not occur prior to October 1, of the calendar year from which the license is issued; or

      2.   The owner or custodian of said dog shall furnish a statement from a veterinarian to the effect that said dog need not be or should not be inoculated; or

      3.   The owner or custodian of such dog shall provide the animal shelter personnel with proof satisfactory to such person, in lieu of a certificate of inoculation, that said dog has been inoculated with canine and antirabies vaccine approved by and in the manner prescribed by the state department of agriculture.

   C.   Number Permitted; Permit Requirements: No person shall keep more than three (3) dogs or three (3) cats over four (4) months of age at any place, on any premises, or in any one residence, located within the city, used or occupied by human beings, without first obtaining a dog or cat fancier's permit or a special use permit as authorized in subsection K of this section from the city; the dog or cat fancier permit, which shall be issued by the city clerk or his/her designee. The signature of the city clerk or his/her designee shall affirm that animal control has reviewed the application and consulted with the city clerk or his/her designee regarding the application. Said application for a fancier's permit, may be refused for a time to meet the requirements of subsection E of this section. If the application for a fancier's permit is granted, said permit shall be issued with such restrictions or on such conditions as may be deemed necessary or advisable by the animal control officer to prevent the keeping of such dogs or cats from becoming a nuisance and is subject to revocation for violation of the restrictions or conditions. A dog or cat fancier's permit shall be issued for an annual fee as set by resolution of the city council, which is not subject to proration or refund. Any dog or cat fancier meeting the provisions of this subsection and having a validly issued permit in his possession need not have the property where the dogs or cats are maintained rezoned. A dog or cat fancier may not in any event keep and maintain on his property more than a total of six (6) adult dogs or six (6) adult cats (unless permitted pursuant to subsection K of this section) over the age of four (4) months. Such permit shall be for a term of one calendar year, unless sooner revoked by the process for revocation set forth under this chapter.

   D.   Commercial Kennels; Pet Shops: Every person owning, operating or maintaining a commercial kennel and/or pet shop within the city must first obtain a kennel and/or pet shop license in addition to any business license required from the city to operate said kennel and/or pet shop. The issuance of any license therefor shall at all times be subject to planning and zoning regulations of the city; provided, however, that this section as to the business license shall not apply to quarters maintained by political entities for the purpose of using animals in law enforcement or animal control or to quarters maintained by veterinarians for the purpose of surveillance or treatment of animals on a temporary basis.

   E.   Inspection Of Premises: Any person required to obtain any permit under any of the provisions of this section shall permit their premises to be inspected by the animal control officer at reasonable times and the animal control officer shall approve the fancier's permit if he finds all of the following to be true:

      1.   Keeping the dogs or cats at the location specified in the application will not violate any ordinance, rule or regulation of the city or any law of the state; and

      2.   The premises contain an adequate enclosure for keeping the dogs or cats; and

      3.   Maintenance of the dogs or cats will not endanger the peace, health or safety of persons residing in the city; and

      4.   The premises are capable of being maintained in a clean and sanitary condition, and any dog or cat therein will not be subject to neglect, cruelty or abuse; and

      5.   Keeping and maintenance of the dogs or cats will not constitute a nuisance.

   F.   License Fee:

      1.   Every person owning or having the care, custody or control of, or maintaining any dog or dogs, four (4) months old or older in the city, shall pay to the animal shelter personnel an annual license fee as set by resolution of the city council for each neutered dog and each nonneutered dog. All owners of dogs said to be neutered must have proof of neutering or a certificate from a veterinarian. Such license shall be for the calendar year, or the parts thereof remaining after the date such license is obtained and shall be payable in advance.

      2.   No prorations or deductions shall be made on fractional parts of any year. All dog licenses shall expire on December 31 of the year in which issued. The annual license fee of dogs not previously licensed hereunder shall be due and payable when such dog reaches four (4) months of age or upon acquiring ownership or possession of an unlicensed dog four (4) months of age or older, or upon the owner or custodian of any dog four (4) months of age or older establishing residence in the city. If any dog license fee payable hereunder is not paid within sixty (60) days from the date it became due, a penalty as set by resolution of the city council, shall be paid to the animal shelter personnel with and in addition to the regular annual license fee for such dog. It shall be the duty of the person making application for any dog license to provide the animal shelter personnel with the name and address of the owner or custodian of such dog and the name, breed, color or custodian of such dog owned or kept by such owner or custodian. Upon proof, by the applicant for any dog license, of the inoculation herein required, the payment of the proper annual license fee and any penalties applicable and upon providing the information herein required, the animal shelter personnel shall issue an appropriate dog license or certificate stating the calendar year for which such license fee is paid, the date of payment, the name and residence address of the persons to whom such license is issued, and the description of the dog and shall issue a metal or plastic tag number to correspond with the license or certificate with the calendar year stamped thereon. If such dog tag shall be lost at any time prior to the expiration date thereof it shall be the duty of the owner, or person having control of the dog for which said lost tag was issued to procure a new tag and pay a fee as set by resolution of the city council to the animal shelter personnel.

   G.   Inoculation; Reinoculation: All dogs or cats and ferrets kept, harbored or maintained in the city limits, four (4) months of age or older shall be inoculated by a veterinarian with an antirabies vaccine approved by and in the manner and at such intervals as may be prescribed by the state department of agriculture, from time to time; provided, that every dog or cat shall be reinoculated at not more than twenty four (24) month intervals thereafter if inoculated with modified live vaccine, or at not more than twelve (12) month intervals if inoculated with killed vaccine. Ferrets shall be reinoculated at not more than twelve (12) month intervals. It shall be unlawful for the owner or custodian of any dog or cat or ferret to keep, maintain or allow such dog or cat or ferret to remain within the city limits unless such dog or cat or ferret shall have been inoculated with antirabies vaccine by a veterinarian at the time and in the manner specified in this chapter.

   H.   Exception: The provisions of this section shall not apply to dogs or cats owned by or in the custody or in the control of persons who are nonresidents of the city and are temporarily within the city for a period of not to exceed fifteen (15) days, nor to dogs or cats brought into the city exclusively for the purpose of participating in any dog or cat show or exhibition. Inoculations are required for service animals, however license fees are waived. No such dog shall run at large in the city and no owner or custodian of such dog shall permit the same to run at large in the city.

   I.   Transferability; Refunds: Dog tags and licenses shall not be transferable from one dog to another and no refund shall be made on any dog license fee because of death of the dog or the owner's leaving the city before the expiration of the license.

   J.   Use Of Proceeds: All proceeds collected under the provisions of this section for the licensing of dogs and cats shall be deposited in the general fund of the city and budgeted for the use and benefit of the animal shelter.

   K.   Special Use Permit:

      1.   The city council may by special exception, authorize the keeping of up to eight (8) dogs or ten (10) cats. A person seeking such special use permit shall file a written application therefor with the city council. Each application shall be accompanied by a fee in an amount established by a schedule adopted by resolution of the city council and filed in the office of the city clerk. Where, in the opinion of the city council such authorization or exception may be granted if accompanied by appropriate conditions and safeguards, the city council shall impose such conditions and safeguards and make them part of the permit. Said special use permit may be revoked for violations of the conditions, restrictions or safeguards imposed therein.

      2.   No special use permit authorization by the city council shall be authorized unless the city council determines that keeping more than six (6) dogs or cats meets the requirements of subsection E of this section and the following requirements:

         a.   The specific site is an appropriate location for such use;

         b.   The special use will not be injurious, dangerous or a nuisance to the public health, or hazardous to the public safety;

         c.   Will not produce noise, odor or other public nuisance conditions in amounts objectionable or detrimental to the normal use of adjacent property; and

         d.   If located in residential zoned area, will not be injurious to the character or amenities thereof.

   L.   Revocation Of Fancier Or Special Use Permit: Any fancier's permit or special use permit issued under the provisions of this chapter shall be subject to further restrictions and revocation. Upon application of any interested person, the animal control officer shall investigate and review whether any fancier permit or special use permit shall be restricted or revoked. If the animal control officer determines to recommend restrictions or revocation, the animal control officer shall prepare an order to show cause setting forth the recommendation, the reasons therefor, the circumstances of any complaints received by the city and the date, time and location for a hearing on the matter before the city council. Said order shall be served on the permittee by personal service or certified mailing at least ten (10) days before the intended hearing. At the hearing, the determination of the city council shall be final.

   M.   Renewal Of Fancier Or Special Use Permit: Fanciers' permits and special use permits shall automatically renew upon the payment of the required fees for such permits; provided, however, the animal control officer may inspect the premises prior to such renewal and institute procedures consistent with a permit revocation or denial where circumstances so warrant. Moreover, no permit which is the subject of pending revocation procedures may be renewed prior to the outcome of such process. (Ord. 662, 2-28-2006; amd. Ord. 883, 8-22-2023)

Every owner or custodian of a dog licensed under the provisions of this chapter shall provide such dog with a suitable collar or harness around the neck or forepart of the body of such dog to which the license tag issued by the city and the required inoculation tag shall be affixed, and shall see that the collar and the tag are constantly worn. It shall be unlawful for the owner or custodian of any dog to permit said dog to be on the streets or public places in the city unless such dog is collared and/or harnessed with the city license tag and inoculation tag for such dog affixed thereto as required herein, or on any streets or other public places in the city, and any dog which is not wearing the city license tag, inoculation tag and collar or harness as herein provided may be taken up, impounded and disposed of in accordance with the provisions of this chapter. (Ord. 662, 2-28-2006)

It shall be unlawful for any owner or custodian of any animal, whether licensed or unlicensed under this chapter, to suffer, permit or allow such animal to run at large within the city. For the purposes of this chapter, all animals within the city and off of the premises of the owner or custodian of such animal and not in an automobile, trailer or similar confinement, or which is not effectively restrained by leash, chain, strap or cord not exceeding eight feet (8') in length attached to the collar or harness of such animal and held by some person or fastened to some stationary object shall be deemed running at large. This provision shall not apply to special areas that may be designated by the city manager for training programs or purposes under direct obedience command. (Ord. 662, 2-28-2006)

Any person may apprehend, capture or take up the same by any reasonable and humane means any animal or fowl trespassing upon his property to his injury or annoyance and immediately turn it over to the owner or custodian of such animal or fowl, or to the animal control officer or to any police officer of the city, who shall impound and dispose of by adoption, gift, sale or euthanasia such animal or fowl pursuant to the provisions of this chapter. It shall be unlawful for any person to turn over any animal or fowl to the animal control officer or a police officer of the city without revealing who the owner or custodian of such animal or fowl is, if such person knows the identity of the owner or custodian. It shall be unlawful for any person other than the animal control officer or any police officer in the performance of their official duties, to apprehend, capture or take up any animal or fowl under the provisions of this chapter and retain possession or control of the same for more than eight (8) hours. (Ord. 263, 8-22-1978; amd. Ord. 883, 8-22- 2023)

   A.   It shall be unlawful for the owner or custodian of any female dog or cat in heat to keep, harbor or otherwise maintain such dog or cat in the city, unless the same is confined in a boarding kennel or veterinary hospital or on the owner's property in a totally enclosed area, during the entire period such dog or cat is in heat. Any female dog or cat in heat which is not so confined is hereby declared a public nuisance and may be apprehended and impounded and disposed of under the provisions of this chapter.

   B.   It shall be unlawful for any person to exhibit any stud horse or bull, or other animal, indecently, or let any male animal to any female animal unless the same be done in some place wholly enclosed and out of public view. (Ord. 249, 7-26-1977)

   A.   Dangerous Animal Defined: It shall be prima facie evidence that an animal is dangerous when it has bitten any person, other than a person who was trespassing upon the property of the owner or custodian of the animal, or is attacking or has bitten, injured or killed any livestock or other animal, or is an animal of a vicious character, habit or disposition.

   B.   Notification Of Bite: Whenever the owner of any animal has knowledge that such animal has bitten a human being, he shall immediately notify the police department of the incident, and confine such animal in a suitable quarantine area consisting of a completely enclosed area which prevents the animal from coming into physical contact with other animals or people, for a period of ten (10) days, or until a written release is secured from a licensed veterinarian. If the owner is not present or if the owner does not have a suitable quarantine area, the animal control officer or any police officer may seize such animal, whether on or off the owner's premises, and such animal shall be impounded, at owner's expense, for observation, and shall not be released for a period of ten (10) days or until a written release is issued by a licensed veterinarian. Except as provided hereafter, if a dog has been impounded and the owner appears and claims the animal, the animal control officer shall release the animal to the owner, upon proof that the owner has a suitable area in which to quarantine the animal. Upon release of the animal to its owner, the owner shall immediately confine the animal for the remainder of the ten (10) day period. At the discretion of the animal control officer, with the approval of the animal shelter supervisor, an animal may remain impounded at the expense of the city during the pendency of criminal charges due to public safety concerns. Any person contesting the continuation of an impound under this provision may seek relief from the municipal court by motion.

   C.   Destruction: If any animal so impounded develops rabies, or becomes vicious beyond control, said animal shall be destroyed in a humane manner. The owner will be notified and will be responsible to pay the incurred fees.

   D.   Killing Or Removing: No person shall kill, or cause to be killed, any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, except as herein provided, nor remove the same from the city limits without written permission from the animal control officer.

   E.   Possession Prohibited; Exceptions: It shall be unlawful for any person to knowingly own or keep any vicious or dangerous animal within the city. It shall be no defense to a violation of this section that the owner has obtained a license for such animal. This section does not prevent the keeping of a "guard" or "sentry" dog so long as such dog is trained to such a degree that it complies with this section and adequate warning of such dog is provided whenever or wherever required by statutory or case law of the state.

   F.   Substantial Bodily Harm: If any animal bites or attacks a person, and such bite or attack results in "substantial bodily harm", as defined by Nevada Revised Statutes, such animal shall be immediately surrendered to the animal control officer, and shall forthwith be destroyed in a humane manner, and shall be subsequently tested for rabies. The owner will be notified and will be responsible to pay the incurred fees.

   G.   Determination Of Dangerous Or Vicious By Court: In the event an animal is found by a court to be dangerous or vicious, the court will order, in addition to the other fines and penalties, that such animal be euthanized at the owner's or custodian's expense. (Ord. 662, 2-28-2006; amd. Ord. 883, 8-22-2023)

It shall be lawful for any person to kill or destroy any dangerous or vicious animal when it has attacked any person who is not trespassing on the premises of the owner or custodian of such animal and it is necessary for the protection of any person, or to prevent the killing or injuring of another animal or fowl by such vicious animal. (Ord. 263, 8-22-1978)

   A.   Prohibition; Exception: It is unlawful for any person to possess or own any wild animal within the city, except for the purpose of public display in any circus, zoo or educational display, or if the wild animal is being used for medical purposes by a hospital or medical laboratory.

   B.   Impound; Destruction: Wild animals owned or maintained in violation of this section shall be impounded, destroyed in a humane manner or otherwise disposed of in some reasonable manner.

   C.   Conditions For Keeping: The keeping of any animal defined by this chapter as wild, but which the owner and the animal control officer certify as not being dangerous or vicious at the time of the enactment of this chapter, may be continued upon the following terms and conditions:

      1.   The animal may not be a wild animal prohibited by state or federal laws from being kept by humans such as, but not limited to coyotes, raccoons, bats and skunks.

      2.   A certificate of waiver of compliance must be issued by the city clerk to any such owner of a nondangerous and nonvicious wild animal upon written application by such owner for such certificate. The city clerk shall designate the form of such application, but shall at least require a statement of the name and address of the owner, the place where such wild animal is being kept and sufficient information to identify the wild animal. The city clerk shall keep a record of all such certificates issued.

      3.   No such waiver shall be made without a certificate.

      4.   No such certificate shall be issued unless the owner certifies in the application that the wild animal is at all times being kept under the control of the owner and kept under conditions which are clean, free of health hazards or any other offensive or unwholesome condition.

      5.   Such certificate shall terminate upon the sale, removal, death or other disposition of the nondangerous and nonvicious wild animal to which the certificate relates.

      6.   No certificate issued shall be transferable.

      7.   Application for such certificate must be made at the city clerk's office within two (2) months from February 14, 1995. Any person who fails to make such application within such time shall be deemed to have terminated and abandoned the right to keep the nondangerous and nonvicious wild animal prohibited by this chapter and any such wild animal shall be either removed from the city by the owner or shall be impounded and destroyed in a humane manner or otherwise disposed of in some reasonable manner. (Ord. 441, 2-14-1995)

   A.   Areas Permitted: It shall be unlawful for any person to keep, raise, harbor, care for, graze, feed or maintain any one or more domesticated animals, other than household pets, anywhere within the city limits, except in or on the following described areas or premises:

      1.   The area commonly known as Elko County Fairgrounds, as it may be modified from time to time.

      2.   In zoning districts where the keeping of domesticated animals other than household pets is specifically permitted by title 3, chapter 2 of this code, if any.

      3.   Livestock yards and livestock auction yards while commercially licensed by the city.

      4.   Premises of veterinarians while licensed by the city.

      5.   Slaughterhouses and meatpacking houses while commercially licensed by the city.

   B.   Nonconforming Uses:

      1.   In the above described areas, no such domesticated animals other than household pets shall be kept or maintained so that they are within one hundred feet (100') of any dwelling house (other than that occupied by the owner of such domesticated animal or household pet), any public building, park, school or hospital; or any other public place.

      2.   Keeping, having or maintaining any domesticated animals other than household pets in areas prohibited by this chapter is hereby declared to be a public nuisance and a danger to the public health and safety.

      3.   The keeping of any domesticated animals other than household pets by the owner thereof in areas prohibited by this chapter which existed at the time of enactment of this chapter or any applicable amendment is a nonconforming use subject to section 3-2-19 of this code.

   C.   Livestock Grazing: It shall not constitute a violation of this chapter for livestock to graze in the following areas or for the following uses:

      1.   In zoning districts where livestock grazing is specifically permitted by title 3, chapter 2 of this code, if any; or

      2.   On undeveloped public land managed by a federal or state agency for livestock grazing purposes; provided, the public land must be enclosed by a perimeter fence suitable for containing livestock; further provided, the livestock grazing use within the enclosed area may not conflict with other permitted uses within the city limits, to include, without limitation, adjacent residential or commercial uses.

      3.   By the city for the control or removal of vegetation. (Ord. 804, 5-25-2016)

   A.   Authority To Impound: It shall be the duty of the animal control officer, any assistants to the animal control officer, and every police officer in the city to apprehend, take up, seize and take into custody any domesticated animal or household pet found running at large or trespassing contrary to the provisions of this chapter, any unlicensed dog, any dog which is not wearing the license and inoculation tag required, any dog or cat in heat which is not confined as required herein by this chapter, any other domesticated animal or household pet which under the provisions of this chapter is to be impounded and, subject to the provisions in this chapter relating to at large animals, dangerous animals and animals attacking persons or livestock, to impound such domesticated animal or household pet in the city animal shelter or other suitable place. When dogs or cats are found running at large, and their ownership is known to the animal control officer, such dogs or cats need not be impounded, but the agent may, at their discretion, return the animal to the owner and cite the owners of such dogs or cats to appear in court to answer to charges of violation of this chapter. (Ord. 662, 2-28-2006; amd. Ord. 804, 5-25-2016; Ord. 883, 8-22-2023)

   B.   Estrays: Estray livestock regulated under Nevada Revised Statutes chapter 569 shall be administered pursuant to the provisions and regulations applicable thereto. (Ord. 662, 2-28-2006)

   A.   Not later than one day after the impounding of any animal or fowl, the animal shelter manager shall attempt to notify the owner or custodian of such animal or fowl. Within five (5) days of the date of impound, the owner or custodian of any dog or cat so impounded may reclaim such dog or cat upon inoculation or proof of inoculation as in this chapter required, the payment of the license fee and penalties, if any, for such animal if unpaid, and all costs and charges incurred by the city for impounding and maintenance of such dog or cat. Upon expiration of five (5) days from the date of impound, any dog or cat not redeemed by its owner or custodian shall be subject to adoption or other disposition at the discretion of the animal shelter manager. Dogs and cats may not be adopted from the city animal shelter unless the prospective owner shall agree in writing to have such animal neutered or spayed. The city council, by resolution, shall set the minimum charges that shall be paid to the city for the animal shelter fund through the animal shelter manager, or the city animal shelter for: impounding any dog or cat, and for keeping any dog or cat; for giving notice and reclaiming; for destroying any dog or cat upon written release and request of the owner; all fees and charges that may have been incurred by the city to have such dog or cat examined by a veterinarian, together with the costs of any inoculation, treatment, medications and drugs deemed necessary or advisable by such veterinarian. If the animal is unvaccinated, the owner shall also be required to pay an additional sum (said sum to be set by the fees charged by licensed veterinarians) to the city animal shelter, for which he shall obtain a receipt.

   B.   The owner or custodian of any animal or fowl, other than dogs and cats, so impounded may reclaim such animal or fowl upon payment of all costs and charges incurred by the city for impounding and maintaining such animals or fowl. Upon the recommendation of the city council, by resolution, shall set the minimum impounding charges payable to the city at the time of redemption including the capture, control and transportation of such animals or fowl, all costs and charges incurred by the city in connection therewith; for impounding and giving notice thereof; for keeping and feeding; all fees and charges that may have been incurred by the city to have such animal or fowl examined by a veterinarian, together with the costs of any inoculation, treatment, medications and drugs deemed necessary or advisable by such veterinarian.

   C.   The animal shelter manager, or designee or any police officer, may require proof of ownership from any person attempting to redeem any animal or fowl (as the owner or custodian thereof). (Ord. 662, 2-28-2006; amd. Ord. 883, 8-22-2023)

It shall be the duty of the animal shelter manager to keep all animals and fowl impounded under the provisions of this chapter for a period of not less than five (5) days, unless sooner redeemed, released by the owner or disposed of pursuant to this chapter. If at the expiration of five (5) days from the date of impound any animal or fowl is unclaimed it may be adopted as herein provided and if no person requests to adopt such animal or fowl under the procedures herein provided, such animal or fowl may be destroyed in a humane manner.

Trap-Neuter-Return Program: Trapping, for the sole purpose of sterilizing, vaccinating for rabies, and eartipping feral cats, shall be permitted to be practiced by feral cat caregivers and organizations, in compliance with any applicable federal or state law. As a part of trap-neuter-return, spay or neuter and vaccination for rabies shall take place under the supervision of a licensed veterinarian. If the animal is determined to be a feral cat the cat may be entered into the trap-neuter-return program under the care of the cat caregiver person or organization. (Ord. 662, 2-28-2006; amd. Ord. 848, 2-11-2020; Ord. 883, 8-22-2023)

If the ownership of a dog or cat is not proven within five (5) days, then such dog or cat may be destroyed in a humane manner under the direction of the animal shelter manager; provided, however, that any such unredeemed dog or cat hereby authorized for destruction may be adopted by any person requesting the same, who shall pay an animal shelter fee as set by resolution of the city council, the appropriate license fee as provided in section 5-3-9 herein, the cost of rabies or any other necessary vaccination, microchip fee, and any spay or neuter fee. If the animal is determined to be a feral cat, the cat may be entered into the trap-neuter- return program under the care of the cat caregiver person or organization. (Ord. 662, 2-28-2006; amd. Ord. 848, 2-11-2020; Ord. 883, 8-22-2023)

   A.   All animals other than dogs or cats and fowl impounded and not redeemed within the five (5) days provided herein, or destroyed pursuant to this chapter, listed on the animal shelter database and the City of Elko website. The animal shelter database shall describe therein the kind and number of animals and fowl to be adopted, with a general description of each animal, including color, age, marks, brands, and owner if known, together with the date and place taken into custody:

   B.   If the ownership of the animal or fowl is not proved within five (5) days, then such unredeemed animal or fowl, whether domestic or wild, may be gifted, adopted, sold or euthanized. (Ord. 662, 2-28-2006; amd. Ord. 883, 8-22-2023)

All proceeds collected under the provisions of this chapter for the redemption of any animals or fowl and all proceeds from the adoption or disposition of animals or fowl pursuant hereto, shall be deposited in the general fund of the city and budgeted for the use and benefit of the animal shelter. (Ord. 355, 7-10-1984; amd. Ord. 883, 8-22-2023)

   A.   Authority: The animal control officer is authorized to enter into any agreements necessary to capture, control, transport, care for, feed and maintain large animals such as horses, cows, sheep and other animals which cannot be maintained in the city animal shelter when it becomes necessary to take them into custody or impound them pursuant to this chapter. All expenses thus incurred are to be charged to the owner or owners upon redemption.

   B.   Notice: Should the animal control officer or any police officer be called upon to take into custody or impound any large animals such as horses, cows, sheep, mules or any other animal which cannot be maintained in the city animal shelter and the owner of such animal is known to such officer or the name of the owner or custodian can be reasonably obtained, then such officer in his discretion may, prior to apprehending or impounding any such large animal, contact such owner or custodian or any agent or representative thereof and notify them to immediately take such animals into custody and immediately remove such animals from the city limits. If such owner has not caused such animals to be removed from the city limits within one day from the date such officer contacts the owner or the owner's agent or representative pursuant hereto, then such officer shall take possession of and impound such animals pursuant to this chapter. (Ord. 249, 7-26-1977)

It shall be unlawful for any person to own, keep, harbor or possess any animal which, by loud or frequent habitual barking, howling, yelping, braying or other noise, causes annoyance to the neighbors or to any person in the vicinity. In addition to any other fines and penalties imposed by the court in the event of a conviction of this section, the court shall have full powers to order abatement of the nuisance caused by the animal. If the animal is impounded at the Animal Shelter awaiting court proceedings the owner shall pay all applicable fees and cost for care. (Ord. 662, 2-28-2006; amd. Ord. 883, 8-22-2023)

Except as herein otherwise provided, it shall be unlawful for any person to do any of the following:

   A.   To maliciously or mischievously apprehend, detain, secrete or impound the animal or fowl of another person, or to knowingly aid or abet in the commission of any such act by some other person. Any such person aiding or abetting shall be considered a principal.

   B.   To maltreat, starve, torture, injure or poison any animal, or having the right or authority under this chapter to kill any animal, to kill such animal in any way except in a humane manner.

   C.   To trap any animal with other than a humane "live" trap, which will inflict no physical injury upon the animal; to lure or entice, by means of food or otherwise, any animal into other than a humane "live" trap; to leave any animal trapped by such person without food, water or shelter, for an unreasonable period of time.

   D.   To dispose of any trapped animal in any fashion not otherwise provided by law. If disposal is not permitted by law, said person shall call the animal control officer to have said animal picked up, or deliver it to the city animal shelter, or otherwise dispose of it as directed by the animal control officer.

   E.   To overcrowd any animal in any crate, box or other receptacle, or fail to provide food, water, shelter or sanitation for the same.

   F.   To kill any animal running at large, except as provided in this chapter in connection with dangerous, fierce, vicious or infected animals or animals attacking persons or livestock. (Ord. 249, 7-26-1977)

   G.   To take off or remove from any animal its collar or harness or city license tag or inoculation tag without the consent of the owner or custodian of such animal. (Ord. 263, 8-22-1978)

   H.   To place any city dog tag or inoculation tag on any dog other than the dog to which such tag was issued or registered.

   I.   To take any animal or fowl out of the custody, control or possession of the animal control officer or city animal shelter or any police officer exercising his duty under this chapter by stealth, fraud, force or falsely claiming to be the owner or custodian of such animal or fowl.

   J.   To interrupt or hinder the animal control officer or any police officer discharging his duties under the provisions of this chapter.

   K.   To abandon any animal, living or dead, in a public street, road, alley or any other public place, or upon the private property of himself or another.

   L.   To unjustifiably administer any poisonous drug or substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, or whether said drug or substance exposed upon such person's property, the private property of another, or any public place; provided, that nothing herein shall be construed to prevent or restrict the animal control officer or health officer in the exercise and performance of the powers and duties in this chapter.

   M.   To wilfully throw, drop or place, upon any road, highway, street, alley or public place, or upon the private property of himself or another, any glass, nails, pieces of metal or other substances or devices calculated to wound, disable or injure any animal.

   N.   To carry or enclose, or cause to be carried or enclosed, in or upon any vehicle or conveyance, any animal in a cruel or inhumane manner.

      1.   No person having charge or custody of any animal, as owner or otherwise, shall place or confine such animal or allow such animal to be placed or confined or to remain in a motor vehicle under such conditions or for such period of time as may endanger the health or well being of such animal due to heat, cold, lack of food or drink, or such other circumstances as may reasonably be expected to cause suffering, disability or death.

      2.   The animal control officer or any police officer of the city who finds an animal in a motor vehicle in violation of this subsection may break and enter the motor vehicle if necessary to remove the animal. The officer removing the animal shall take the animal to the city animal shelter or to a veterinarian clinic for safekeeping and shall in the event the person having custody cannot be otherwise contacted, leave in a prominent place in the motor vehicle a written notice bearing his name and office and the address where the animal may be claimed by the owner thereof. The animal will be redeemed to the owner if the owner claims the animal within five (5) days from the time the animal was removed from the motor vehicle and pays all reasonable charges that have accrued for the maintenance of the animal. In the event the owner cannot be contacted, or expresses no interest in reclaiming the animal within five (5) days after contact or efforts to contact, the animal shelter may dispose of the animal by adoption, gift, sale, or euthanasia.

   O.   To sell, or offer for sale, barter or give away baby chicks, ducklings, other fowl under four (4) weeks of age or rabbits under two (2) weeks of age, as pets or novelties. This subsection shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fowl, in proper breeder facilities by hatcheries or stores engaged in the business of selling the same to be raised for commercial purposes.

   P.   To display, sell or offer for sale, barter, give away or otherwise dispose of any animal upon any street, sidewalk, public building, public park or other public place, with the exception of the city animal shelter.

   Q.   To use any live animal as or for a target.

   R.   To dye or color any animal for purposes of concealing its identity. (Ord. 249, 7-26-1977; amd. Ord. 883, 8-22-2023)

Every operator of any vehicle upon the streets and ways of the city shall immediately upon injuring, striking, maiming or running down any animal, stop and give such aid as he is reasonably able to render. He shall immediately notify the owner, if present or known, and if not, the animal control officer, furnishing the facts relative to such injury. It is the duty of such operator to remain at or near the scene until the owner or animal control officer arrives, and such operator immediately identifies himself to the owner or animal control officer and gives the owner or animal control officer his full name, address and driver's license number. Alternatively, in the absence of the owner, a person may give aid by taking the animal to a veterinary hospital and thereafter notifying the animal control officer. The animal control officer will notify the animal shelter manager prior to taking an injured animal to a veterinarian. Emergency vehicles are not required to stop but shall notify the animal control officer furnishing sufficient facts relative to such injury. (Ord. 249, 7-26-1977; amd. Ord. 883, 8-22-2023)

Every veterinarian inoculating any dog or cat against rabies shall, upon such inoculation, issue a tag to the owner suitable for wearing by such dog on its collar or harness or otherwise affixed and a certificate to the owner of such dog or cat setting forth at least the name and address of the owner, a description of the dog or cat sufficient to identify the dog or cat, the type and lot of vaccine used, and the dated reinoculation is required. Every veterinarian spaying any female dog or cat shall, upon such spaying, issue a certificate to the owner of such animal, stating the necessary information relating to the operation. (Ord. 263, 8-22-1978)

The penalties provided in title 1, chapter 3 of this code shall apply to this chapter. In addition, any violation or continued violation of this chapter, or any nuisance, may be enjoined or abated by appropriate proceedings instituted by the city. All penalties provided under this chapter shall double in amount or term if succeeding similar offenses occur within a three (3) year period. The receipt and conviction of three (3) violations of this chapter by the owner or custodian of any animal within a three (3) year period shall constitute prima facie evidence for a nuisance. All fines imposed by the municipal judge and/or collected for the violation of this chapter shall be deposited in the general fund of the city and budgeted for the use and benefit of the animal shelter. (Ord. 355, 7-10-1984)

The animal shelter manager may dispose of any animal or fowl adoption, gift, sale or euthanasia immediately upon receipt of the appropriate fee and a written request of the owner or custodian of such animal or fowl by signing the animal shelter consent and release form. (Ord. 662, 2-28-2006; amd. Ord. 883, 8-22-2023)

It shall be unlawful for the owner or custodian of any animal, whether licensed or unlicensed under this chapter, to suffer, permit or to allow such animal to trespass on the runway, property and premises of the Elko municipal airport located within the city and known as J.C. Harris Field. Any animal so trespassing shall be presumed to be endangering the health, safety and welfare of a considerable number of persons and be dangerous to human life. It shall be lawful for the animal control officer or a police officer of the city or county to kill or destroy any such trespassing animal. The animal control officer or law enforcement shall notify the animal shelter with a complete description, sex of the animal, and date destroyed. (Ord. 273, 5-8-1979; amd. Ord. 883, 8-22-2023)

It is unlawful for the owner or person having custody of any animal to permit, either wilfully or through failure to exercise due care or control, any such animal to commit any nuisance upon any sidewalk or any public street or public park; or any nuisance upon any real property under the control of or in the possession of any other person; or upon the floor of any common hall in any apartment house, tenement house, hotel or other multiple dwelling; or upon any entranceway, stairway or wall immediately abutting on a public sidewalk; or upon the floor of any theater, shop, store, office building or other building used in common by the public; or upon the floor or stairway of any depot or station or public waiting room; or upon any floor, stairway, entranceway, office, lobby, foyer or patio used in common by the public. (Ord. 404, 1-22-1991)

   A.   Prohibition: It shall be unlawful for any person owning or having control or custody of any animal to permit the animal to defecate upon the public property of this city or upon the private property of another unless the person immediately removes the feces and properly disposes of it; provided, however, that nothing herein contained authorizes such person to enter upon the private property of another without permission.

   B.   Possession Of Container: It shall be unlawful for any person to walk a dog on public property of this city or upon the private property of another without carrying at all times a suitable container or other suitable instrument for the removal and disposal of dog feces.

   C.   Exceptions: People or persons with disabilities using a service animal are exempt from this section. Persons whose dogs are participating in dog shows or direct command obedience classes are exempt from this section while their animals are actually participating in such shows or classes, but all feces must be removed and disposed of immediately upon the conclusion of the show or class. (Ord. 404, 1-22-1991; amd. Ord. 883, 8-22-2023)

   A.   Specified: The responsibility for compliance with the provisions of this chapter shall rest upon the head of the household at which a dog or other animal is being kept or harbored, whether or not the ownership of such dog or other animal is claimed by any other person residing in said household. A husband or wife, or two (2) or more adults living together, may be jointly or separately charged as heads of the household where a dog or other animal is kept or harbored if the requirements of this chapter are not complied with.

   B.   Minors: It shall not be a defense to an alleged violation of this chapter that the true and registered owner of a dog or other animal is of such minor age as to prohibit answer in court, and upon such occurrence, the parent or guardian of such minor owner shall be required to appear instead and assume full responsibility for the actions or omissions of their minor. The parent, guardian or custodian of any child under eighteen (18) years of age who owns, keeps, harbors or has custody of an animal shall be deemed to be the owner of such animal. (Ord. 441, 2-14-1995)

As used in this chapter, the term "civil defense" shall include measures necessary to provide for the mobilization, organization and direction of civilian populace and necessary support agencies to prevent or minimize the effects of fire, flood, storm, earthquake and epidemic, as well as the effects of enemy or subversive activities directed against the populace, communities, industrial plants, facilities and other installations. (Ord. 127, 2-3-1957)

The council of defense is hereby created and shall include the following:

Mayor

Director of civil defense (as appointed)

Police chief

Fire chief

City health officer

City engineer

American Red Cross representative

Others including representatives of business, labor and patriotic organizations as may be appointed by the city council. (Ord. 127, 2-3-1957)

It shall be the duty of the council of defense and it is hereby empowered to:

   A.   Develop a civil defense plan. This plan shall provide for the effective mobilization of all the resources of the city.

   B.   Prepare and recommend for consideration by the council regulations necessary to implement the civil defense plan.

   C.   Consider and recommend to the council of defense for approval mutual aid plans and agreements. (Ord. 127, 2-3-1957)

   A.   Created: There is hereby created the office of the civil defense director. Such officer shall be appointed by the mayor.

   B.   Power: The civil defense director is hereby empowered:

      1.   To represent the mayor on all matters pertaining to civil defense.

      2.   To require and direct cooperation of city officials in the preparation and implementation of civil defense plans.

      3.   During periods of emergency, to direct the services of any city officers or employees.

      4.   During periods of emergency, to obtain vital supplies and equipment lacking, needed for the protection of life and property of people and bind the city for the value thereof, and if required immediately, requisition the same. (Ord. 127, 2-3-1957)

The civil defense corps shall consist of officers and employees of the city with volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who make agreements with the defense director shall be charged with duties necessary for the protection of life and property in the city during an emergency, who shall constitute the civil defense corps. (Ord. 127, 2-3-1957)

The functions and duties of the civil defense corps shall be distributed among the divisions as listed below. Each division shall be under the direction of a chief and deputy chief appointed by the council of defense. The chief of divisions will include public officials such as sheriffs, chiefs of police and fire departments and heads of agencies dealing with transportation, communications, and other sundry services, as well as private business persons, who through their profession, knowledge and experience are particularly qualified to head divisions requiring specialized knowledge and experience. The divisions are hereby established as follows:

Law enforcement division;

Fire services division;

Medical and health division;

Engineering and utilities division;

Transportation division;

Communications division;

Welfare division;

Information and education division. (Ord. 127, 2-3-1957)

All persons other than officers and employees of the city volunteering for civil defense service shall serve without compensation. While engaged in such service, they shall have the same immunities as persons and employees of the city performing similar duties. (Ord. 127, 2-13-1957)

   A.   Prohibitions: It shall be unlawful during an emergency to:

      1.   Wilfully obstruct, hinder or delay any member of the civil defense corps, and enforcement of any lawful rule or regulation in the performance of any duty imposed upon him by the virtue of the provisions of this chapter.

      2.   Do any act forbidden by any lawful rules or regulations if such act is of such a nature as to give assistance to the enemy or to imperil the life or property of any inhabitant of this city or to prevent, hinder or delay the defense or protection thereof.

      3.   Wear or carry or display without authority any mark or identification specified by the council of defense.

   B.   Punishment: Every person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in title 1, chapter 3, of this code. Each day's violation of the provisions of this chapter may be deemed a separate offense. (Ord. 241, 12-14-1976)

For the purposes of this chapter, the following words and phrases are defined, and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning:

   OFFICIAL POLICE OFFICER'S BADGE: A badge of the size, type and design as used by the regular police force of the city.

   PRIVATE PATROL: Any person carrying on the business or occupation of night watch person, night watch service, private police officer or any other occupation, the purpose of which is to afford additional police or fire protection for hire or reward.

   SPECIAL POLICE OFFICER: For the purpose of this chapter, shall include any individual acting as a peace officer, member of a private patrol, or an owner of a private patrol who actively engages in policing duties, club guard, hotel guard, bank guard, armored car guard, night watch person, other than a regular police officer of the city.

   SPECIAL POLICE OFFICER'S BADGE: A badge of the size, type and design as designated by the chief of police for the use of persons commissioned by the chief of police to act as special police officers as hereinafter provided. Such badge shall have enameled on the face thereof "special" in addition to any other words or device, and shall so differ in shape and design from the official police officer's badge as to be, when displayed or worn, readily distinguishable therefrom. All such badges shall be consecutively numbered and the number shall appear on the face of each such badge. (Ord. 128, 7-26-1957)

   A.   Form; Information Required: Every person who shall seek a commission to act as a special police officer shall make application to the chief of police on regulation forms as prescribed by the chief of police, which application must contain the following:

      1.   The name and address of the person to whom the commission is to be issued.

      2.   The duties of the person who requires the issuance of such commission, provided, no commission shall issue for the performance of any duties other than those specifically set forth in this application, nor shall any commission be authority for the performance of any duties not herein set forth.

      3.   A description, two (2) passport size photos, signature and fingerprint of the person to whom the commission is to be issued.

      4.   The name, address and signed request of the employer of the applicant showing the necessity for the issuance of such commission.

      5.   Such other information and disclosures as such regulation forms may from time to time require.

   B.   Granting Of Application; Considerations: The chief of police must first satisfy himself that the granting of the commission will be conducive to the public welfare and safety, and for this purpose the chief of police may consider any facts or evidence bearing on the moral fitness and reputation of those seeking the commission, and any other facts of evidence tending to enlighten the chief of police in this respect, provided, no special police officer's commission shall be issued to any person previously convicted of a felony or of two (2) or more misdemeanors involving moral turpitude. (Ord. 128, 7-26-1957)

Private patrols may be established upon proper application to the chief of police under the following conditions:

   A.   Permit Required: No person shall manage, conduct or carry on the business of a private patrol, unless under and by authority of a written permit from the chief of police, and upon payment of any fees as prescribed by this chapter or any other applicable provision of this code.

   B.   Application For Permit; Information To Be Shown: Permits required by subsection A of this section may be issued by the chief of police upon the written application of any person; provided, that the chief of police must first satisfy himself that the management, conduct and carrying on of such private patrol will be conducive to the public welfare and safety, and for this purpose, the chief of police may consider any facts or evidence bearing on the moral fitness and reputation of those who will be charged of such private patrol, and any other facts or evidence tending to enlighten the chief of police in this respect. Such application for a permit must contain the following:

      1.   The name and address of the person to whom the permit is to be issued.

      2.   The duties of the person who requires the issuance of the permit.

      3.   A description, two (2) passport size photos, signature and fingerprint of the person to whom the permit is to be issued.

   C.   Suspension Of Permit: Any permit to manage, conduct or carry on a private patrol may be temporarily suspended by a written order signed by the chief of police.

   D.   Revocation Of Permit: When the chief of police shall have issued any permit under the terms of subsection B of this section, the same may be revoked at any time thereafter by the chief of police, if the chief of police becomes satisfied that the management, conducting or carrying on of such private patrol does not or will not be conducive to the public welfare and safety for any reason, or that such private patrol has been conducted in an illegal or improper manner. The chief of police may make rules governing the management, conducting or carrying on of private patrols, and may revoke or suspend permits issued for the management or carrying on of any such occupation when the manager or person in charge thereof violates or permits any infraction of any such rules, or any law of the state or any provision of this code; provided, however, that no permit issued under authority of this chapter for the management, conducting or carrying on of any such private patrol shall be revoked unless a hearing and notice be given the permittee in such manner as the chief of police may decide. (Ord. 128, 7-26-1957)

   E.   Change Of Location Of Business: The chief of police may allow a permittee to change the location of the business office of his private patrol business without requiring a new permit to be obtained, upon the filing of an application for such change of location and the payment of a fee as set by resolution of the city council. (Ord. 290, 8-26-1980)

   F.   When Private Patrol Deemed Special Police Officer: Any owner of a private patrol shall be deemed a special police officer if actively engaged in policing duties. (Ord. 128, 7-26-1957)

Every person who shall secure a commission as a special police officer or a permit as an owner of a private patrol, shall be required to subscribe to an oath of office to be administered by the chief of police. (Ord. 128, 7-26-1957)

"Special police officer" badges shall be issued by the chief of police only to persons who have secured commissions as special police officers from the chief of police and who have paid all fees required therefor by this chapter. (Ord. 128, 7-26-1957)

Every holder of a special police officer's badge shall comply with the following provisions and regulations:

   A.   Home Address Filed With Chief Of Police: It shall be the duty of every person to whom a special police officer's badge has been issued to furnish and keep on file with the chief of police, a true home address of such person.

   B.   Badge Carried While On Duty: It shall be the duty of every person having a special police officer's commission from the chief of police to have on his person a special police officer's badge while performing the duties of a special police officer.

   C.   Badges Worn On Outside Of Front Of Uniform: Any private patrol, guard, bank guard, hotel guard, club guard, night watch person or other person who wears a uniform, while performing any of the duties of his position as a special police officer, shall wear a special police officer's badge on the outside front of his uniform so that the same is available at all times while performing such work.

   D.   Use Of Unauthorized Badges: No person shall wear or have in his possession any special police officer's badge unless such badge has been regularly issued in accordance with the provision of this chapter.

   E.   Return Of Badges Upon Severance Of Employment: It shall be the duty of any person after he has severed his employment with any private patrol or who has ceased to perform the duties which required the issuance of a special police officer's badge, to return the special police officer's badge to the chief of police. (Ord. 128, 7-26-1957)

   F.   Charge For Rental Of Badge: The chief of police shall make a charge, as set by resolution of the city council, for the issuance of every special police officer's badge and for every badge issued to replace a lost badge, which sum shall be considered as rental for the use of the badge, which shall at all times be and remain the property of the city.

   G.   Cost Of Investigation Of Applicant: The chief of police shall also make a charge, as set by resolution of the city council, to cover the costs of investigation of any applicant for a commission as a special police officer, or to cover the costs of an investigation of an application for a permit to operate a business of private patrol. (Ord. 290, 8-26-1980)

   H.   Authority Of Chief Of Police To Prescribe Uniform: The chief of police shall have the power and authority to adopt and prescribe the uniform to be worn by all special police officers, guards, bank guards, hotel guards, club guards or other special officers required to wear badges while performing the duties of such special police officer. (Ord. 128, 7-26-1957)

Private detectives and special investigators are not subject to the provisions of this chapter nor qualified as such to obtain a special police officer's commission under the provisions of this chapter. (Ord. 128, 7-26-1957)

The issuance of a special police officer's commission under the provisions of this chapter shall be authority for the performance of his duties only at the particular place of employment at which he was employed at the time of the issuance of said commission, provided this section shall not apply to private patrols. (Ord. 128, 7-26-1957)

Any person transferring his place of employment or procuring employment at some place of business other than that for which the special police officer's commission was granted to him, is hereby required to report such change to the chief of police and submit the name, address and signed request of the new employer that such special police officer be permitted to work in his employ, and in addition, such special police officer is required to make full disclosures as to any change in his status or address. (Ord. 128, 7-26-1957)

Upon severance, discharge or other termination of employment for which a special police officer's commission has been issued, such special police officer is required to return to the chief of police his special police officer's badge and any credentials he may have pertaining thereto. (Ord. 128, 7-26-1957)

Special police officer's commission issued under this chapter shall remain effective until the expiration of one year after the date of issuance unless sooner revoked, and shall be renewed upon application to the chief of police and payment to the city of a fee as set by resolution of the city council for each renewal. (Ord. 290, 8-26-1980)

Special police officers shall not be employees of the city and shall not be paid thereby for services as said officers. (Ord. 128, 7-26-1957)

No special police officer shall:

   A.   Carry Deadly Weapons: Carry a blackjack, or other deadly weapon, unless authorized by the chief of police; provided, however, that a special police officer may carry a firearm.

   B.   Performance Of Duties While Intoxicated: Perform the duties of a special police officer while under the influence of intoxicants.

   C.   Partaking Of Intoxicants While On Duty Or In Uniform: Partaking of intoxicants while on duty as a special police officer or while in uniform though not on duty.

   D.   Permitting Another To Use Commission Or Badge: Permit anyone to use the commission or badge issued to him.

   E.   Wearing Uniform Or Badge Of Regular Police Officers: Wear any uniform of a pattern, design or in the semblance of the uniform duly adopted by the city council for the use of regular members of the city police department, or wear any badge or insignia of a pattern or design that may be mistaken for or confounded with the badge or insignia of a regular police officer. (Ord. 128, 7-26-1957)

   F.   Interference: Interfere with or attempt to influence the lawful business of any person, nor shall any special police officer to whom a commission has been granted use his credentials and/or badge, or otherwise represent his authority to be for the performance of duties other than those which appear in his application as provided by section 5-5-2 of this chapter, provided, any special police officer to whom a commission has been granted who shall either by express fraudulent representations or by omitting a duty to correct a false misleading impression of his authority shall obtain money, property, position of trust, or other thing of value shall, upon conviction, be punished as provided in title 1, chapter 3 of this code. (Ord. 290, 8-26-1980)

   G.   Loitering: Loitering around or entering houses of ill fame, loitering around, entering for purposes of patronizing or to patronize any house of ill fame or other place used for prostitution, unlawful use of narcotics or prohibited drugs, or other places where immoral or illegal acts or practices are carried on.

   H.   Impersonating Regular Police Officer: At any time conduct himself by word or manner to lead others to believe that he is a regular police officer of the city. (Ord. 128, 7-26-1957)

No person shall work as a special police officer without first having secured a commission from the chief of police, as in this chapter provided. (Ord. 128, 7-26-1957)

No person shall manufacture, make, sell, design or transfer any official police officer's badge or special police officer's badge without the written authorization of the chief of police therefor, such person may deliver such badges only to the chief of police, and may manufacture only the number of badges authorized by the chief of police. Nothing in this section shall be construed as affecting the manner in which contracts for the purchases of badges by the city shall be let. (Ord. 128, 7-26-1957)

It shall be unlawful for any person to wilfully wear, exhibit, use or wilfully make, sell, loan, give or transfer to another any badge, insignia, emblem, device or any label, certificate, card or writing, which falsely purports to be authorized for the use of one who by law is given the authority of a peace officer, or which so resembles the authorized badge, insignia, emblem, device, label, certificate, card or writing of a peace officer as would deceive an ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of a police officer. (Ord. 128, 7-26-1957)

For the purpose of this chapter the words "convicted persons" is hereby defined as follows: Any person who has been or who shall hereafter be convicted of a felony, of any offense punishable as a felony, in any court of the state, or in any federal court, or in any court of competent jurisdiction in any territory belonging to the United States, or who has or who shall hereafter be convicted of a violation of any law in any other court than the courts of the state, whether municipal, county, state, federal or territorial, which offense, if committed in the state, would have been a felony or which would have been punishable as a felony under the laws of the state; also any person who has been or is hereafter convicted in the state, or elsewhere, of the violation of any law relating to the following subject or subjects:

   A.   Narcotics: Relating to or regulating the possession, distribution, furnishing or use of any narcotics;

   B.   Concealed Weapons: Regulating or prohibiting the carrying or possession of or ownership of any concealed weapon, or deadly weapon, of any weapons capable of being concealed, or regulating or prohibiting the possession of, sale of or use of any device, instrument or attachment designed to or intended to be used for the purpose of silencing the report of, or concealing the discharge or flash of, any firearm;

   C.   Tear Gas: Regulating or prohibiting the use, possession, manufacture or compounding of tear gas or any other gas which may be used for the purpose of temporarily or permanently disabling any human being;

   D.   Attempt To Commit Offenses: Any attempt to commit, or any conspiracy to commit, any offenses described or referred to in this section;

   E.   Drug Addicts: Any person who has been or is hereafter convicted of or is hereafter adjudicated as a drug addict, as defined by the laws of any state, shall also be deemed a convicted person.

Provided, further, that in the event any person who is now, or who has been, or who may hereafter be placed on probation for the committing of any of the above enumerated offenses whose conviction is set aside in the manner provided by law, shall not be deemed a convicted person. (Ord. 124, 2-14-1956)

Every person convicted, as provided in section 5-6-1 of this chapter, shall register with the chief of police and provide information, including, but not limited to, the following:

   A.   True Name And Aliases: His true name and all aliases which he has used or under which he is or may have been known.

   B.   Description Of Person: A full and complete description of his person.

   C.   Character Of Crime: The kind, character and nature of each crime of which he has been convicted. The place where such crime was, or crimes were, committed and the places of conviction of the same.

   D.   Name Under Which Convicted; Date: The name under which he was convicted in each instance and the date thereof.

   E.   Name And Location Of Penal Institutions: The name, if any, and the location of each prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced.

   F.   Location And Address Of Residence: The location and address of his residence, stopping place, living quarters or place of abode; if more than one residence, stopping place or abode, that fact must be stated and the location and address of each given.

   G.   Statement And Kind Of Residence: A statement of the kind of residence, stopping place, living quarters or place of abode in which he resides, whether the same is temporary or permanent and whether the same is a private residence, hotel, apartment house, or other building or structure.

   H.   Time Residence Has Been Occupied: The length of time he has occupied such place of residence, stopping place or place of abode, and the length of time he expects or intends to remain in the city.

   I.   Form Of Statements: All such statements to the chief of police shall be made upon city forms therefor prescribed by the chief of police. Such statements shall contain such other and further information as may be required by the chief of police for the purpose of aiding and assisting him in carrying into effect the provisions and intent of this chapter. (Ord. 261, 6-27-1978)

Every convicted person who enters and remains in the city for twenty four (24) hours shall within twenty four (24) hours after the expiration of such twenty four (24) hour period, furnish to the chief of police, a written statement on like form and containing all of the information required by the written statement referred to in section 5-6-2 of this chapter and shall, in addition thereto, state in writing in such statement the date that he entered the state and each of his places of residences or abode for the three (3) month period next preceding the date of his arrival in the city. (Ord. 261, 6-27-1978)

Every convicted person shall, at the time of registering and furnishing the information required by sections 5-6-2 and 5-6-3 of this chapter, be fingerprinted by the chief of police, who shall cause such fingerprints to be made a part of the record provided for by the foregoing sections and section 5-6-5 of this chapter. (Ord. 261, 6-27-1978)

The statements and fingerprints hereinbefore provided for shall at all times be kept by the chief of police in files maintained and kept by the chief of police; and shall not be open to inspection by the public, or by any person other than the regularly appointed, qualified and acting deputies and employees in the office of the city attorney and the chief of police; provided, however, that copies of such statements and fingerprints may be transmitted to any office of sheriff or chief of police in the state, or to the head of department of the state engaged in the enforcement of any criminal law of this state, or to the head of any federal law enforcement agency, or to any sheriff or chief of police of any municipality or head of any other law enforcement agency, in any state or territory outside of the state, when request is made in writing by such sheriff or any other head of any law enforcement agency asking for the record of a certain person, or for the record of a person whose fingerprints reasonably correspond with the fingerprints submitted with such request, and stating that such record is deemed necessary for the use of such law enforcement officer or agency in or concerning the investigation of any crime or any person who is accused of committing a crime which is reported to have been committed, and further stating that the record will be used for such purposes; provided, however, that nothing contained in this chapter shall prevent the chief of police from furnishing to the sheriff of any county, the chief of police of any municipality or the head of any other law enforcement agency which maintains any system of registration of convicted persons. Copies of the statements required to be filed under the provisions of this chapter, together with fingerprints of the person making such statements when and if such sheriff, chief of police, or other head of any law enforcement agency furnishes to the city attorney and chief of police, copies of statements and fingerprints procured by him, and it is hereby made the duty of the chief of police to arrange for the exchange of such information. (Ord. 124, 2-14-1956)

Any convicted person who is required to register under the provisions of this chapter, who changes his place of residence, stopping place or living quarters shall, within forty eight (48) hours after the changing of his place of residence, stopping place or living quarters, notify the chief of police of such fact, and furnish to the chief of police the new address of his new residence, stopping place or living quarters, in the same manner and with the same detailed information as is required in the filing of the original statement under the provisions of sections 5-6-2 and 5-6-3 of this chapter. (Ord. 261, 6-27-1978)

It shall be unlawful for any person required by any provision of this chapter to furnish a statement or report to give a statement or report which contains any false or fictitious address, or any address other than a true address, or furnish in the making of any such report any false, untrue or misleading information or statement relating to any information required by any of the provisions of this chapter to be made or furnished. (Ord. 261, 6-27-1978)

Every person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in title 1, chapter 3, of this code. Each day's violation of the provisions of this chapter may be deemed a separate offense and shall be punishable as such hereunder. (Ord. 261, 6-27-1978)

It shall be unlawful for any person to knowingly maintain, operate or cause to be operated any machine, device, apparatus or instrument of any kind whatsoever, or any electrical lines or plants of any description, the operation of which will cause reasonably preventable electrical interference with radio reception; provided, however, that all such electrical lines or plants or machines, devices, apparatus or instruments may be used if the same are properly equipped to avoid all unnecessary or reasonably preventable interference with radio reception, and are not negligently operated. (Ord. 95, 9-9-1948)

This chapter shall not be held or construed to embrace or cover the regulation of any transmitting, broadcasting or receiving instrument, apparatus or device used or useful in interstate commerce, or the operation of which instrument, apparatus or device is licensed or authorized by or under the provisions of any act of congress of the United States. (Ord. 95, 9-9-1948)

The duly appointed radio inspector of the city shall be ex officio radio inspector and shall have power at all times to conduct investigations to ascertain whether or not any machine, device, apparatus or instrument of any kind is causing interference with radio reception and shall be empowered with police authority to make such search and investigation as is necessary to carry out the intent of this chapter. (Ord. 95, 9-9-1948)

It shall be the duty of any person owning or controlling or operating any machine, device, apparatus or instrument of any kind, which is interfering with radio reception, to equip the same with a filter or condenser or other instrument or contrivance which will eliminate said interference with radio reception, upon being notified to do so by the radio inspector. (Ord. 95, 9-9-1948)

Every person violating any of the provisions of this chapter shall, upon conviction therefor, be punished as provided in title 1, chapter 3 of this code. Each day during which said violation continues shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 261, 6-27-1978)

   A.   Firearms: It shall be unlawful for any person to discharge any gun, pistol or other firearm anywhere within the limits of the city; provided, that nothing herein shall prevent the establishing and running of a shooting gallery properly enclosed and permitted by license of the city council; and provided further, that nothing herein shall apply to any sheriff, deputy sheriff, police officer, marshal or other peace officer, who shall discharge any pistol or firearm in the lawful exercise of the duties of his office.

   B.   Slingshots, Air Guns: It shall be unlawful for any person to negligently discharge or cause to be discharged any bow, crossbow, slingshot, air gun and/or BB gun, or similar weapon, whereby any rock, piece of metal or missile is hurled, propelled and/or driven with sufficient force to cause damage to property and/or injury to persons, animals and/or birds, unless within a shooting gallery or special events function approved by the city. (Ord. 784, 6-10-2014)

A person commits petit larceny if the person:

   A.   Intentionally steals, takes and carries away, leads away or drives away:

      1.   Personal goods or property, with a value of less than six hundred fifty dollars ($650.00), owned by another person;

      2.   Bedding, furniture or other property, with a value of less than six hundred fifty dollars ($650.00), which the person, as a lodger, is to use in or with his lodging and which is owned by another person; or

      3.   Real property, with a value of less than six hundred fifty dollars ($650.00), that the person has converted into personal property by severing it from real property owned by another person.

   B.   Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than six hundred fifty dollars ($650.00), owned by another person.

   C.   A person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution. (Ord. 784, 6-10-2014)

A person who, in any case or under any circumstances not otherwise specially provided for, wilfully resists, delays, hinders, or obstructs a law enforcement officer in investigating a crime or discharging or attempting to discharge any legal duty of his or her office shall be guilty of a misdemeanor. (Ord. 784, 6-10-2014)

For the purpose of this chapter, the following words and terms shall have the meaning herein given them:

   ALARM: The giving, signaling or transmitting by any public safety station or to any police department, fire department or any officer or employee thereof, by telephone, public safety station, public alarm station, automatic transmitted alarm, in person, or otherwise, a report statement, or information to the effect that there is an emergency, a fire, an accident, the commission of a crime or violation of a city ordinance or a need for police, firefighter or ambulance assistance.

   AUTOMATIC TRANSMITTED ALARM: An alarm which is sent to an installation using supervised dedicated circuits to transmit an alarm from one or more protected premises to a remote location at which appropriate action is to be taken. (Ord. 395, 11-28-1989)

It shall be unlawful for any person to:

   A.   Wilfully and maliciously tamper with, molest, injure or break any public fire, police or ambulance alarm apparatus, wire or signal.

   B.   Intentionally make, turn in, send, give, transmit or sound any false alarm of fire, or of the need for police or ambulance assistance by means of any alarm system, alarm or signal, or by any other means or methods.

   C.   Make, file, turn in, send, give, transmit or sound any false, misleading or unfounded statement or report concerning the commission or alleged commission of any crime or violation of city ordinance occurring within the city.

   D.   Aid or abet in the commission of a violation of any of the criminal provisions of this chapter. (Ord. 395, 11-28-1989)

Any person violating any of the provisions of section 5-10-2 of this chapter shall, upon conviction thereof, be punished as provided in title 1, chapter 3 of this code. If substantial bodily harm or death is sustained by any person as a result of such false alarm, upon conviction, such person shall be punished by the maximum fine and imprisonment provided in title 1, chapter 3 of this code. (Ord. 395, 11-28-1989)

Any person or business who unintentionally makes, turns in, sends, gives, transmits or sounds more than two (2), in any calendar year, false alarms of fire, or the need for police or ambulance assistance by means of any public fire alarm system or alarm or signal, or by any other means or method shall be assessed by the city a fee of one hundred fifty dollars ($150.00) for each such false alarm in excess of two (2) per calendar year. If the person who has transmitted any such false alarm notifies the fire, police or ambulance department before the fire, police or ambulance department responds to the false alarm, then no fee shall be assessed for that false alarm. (Ord. 395, 11-28-1989)

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

   ALCOHOLIC BEVERAGES: Shall mean and include any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters, beer, lager beer, ale, wine and every other liquid or solid containing alcohol capable of being consumed by a human being.

   BAR EMPLOYEE: Those employees of establishments where alcoholic beverages are sold at retail on the premises who serve alcoholic beverages to patrons for consumption on the premises and shall include, but not be limited to, bartenders, cocktail waiters and waitresses, bar assistants, room service waiters and waitresses that serve alcoholic beverages, beverage clerk, but shall not include the employees of cafes or restaurants or dinner houses whose primary duty is the service of foods.

   TEMPORARY WORK PERMIT: A work permit which is valid only for a period not to exceed thirty (30) days from its date of issue and is not renewable.

   WORK PERMIT: Any card, certificate or permit issued by the city council or by the chief of police, authorizing the employment of the holder as a bar employee. (Ord. 766, 11-27-2012)

The city council finds, and it is hereby declared to be the policy of the city that, to protect and promote the public health, safety, morals, good order and general welfare of the inhabitants of the city, it is necessary that the city council ascertain and keep itself informed of the identity, prior activities and present location of all bar employees in the city; and maintain confidential records of such information; and require the registration with the police department, and the thumbprinting, fingerprinting and photographing of bar employees; and to require the chief of police to investigate the background and qualifications of each applicant for a bar employee work permit under this chapter, before any such work permit is granted; and to periodically investigate into legal qualifications of each applicant holder of a work permit under this chapter, to the end that such work permit shall not be granted to or held by unqualified, disqualified or unsuitable persons. To better define the policy of the city and this chapter, the following persons may be declared to be unqualified, disqualified or unsuitable persons to be granted or to hold bar employee work permits under the provisions of this chapter:

   A.   A person who within the past three (3) years, has been convicted of:

      1.   A felony or of any crime which, under the laws of this state, is punishable as a felony;

      2.   In this state, or elsewhere, any crime of which fraud or intent to defraud was an element;

      3.   Larceny in any degree;

      4.   Buying or receiving stolen property;

      5.   Unlawful possession, use, selling, dispensing, exchanging, supplying, giving away or distribution of any "controlled substance", as that term is defined in the uniform controlled substance act, or any "dangerous drug", as that term is defined in Nevada Revised Statutes title 40, chapter 454, or of marijuana, or of a narcotic drug;

      6.   Any sex offense or crime involving moral turpitude;

      7.   The violation of any law, whether the same is or is not punishable as a felony, regulating or prohibiting the use, carrying, possession or ownership of any concealed weapon or deadly weapon;

   B.   A person under the age of twenty one (21) years;

   C.   A person who the chief of police determines is not a suitable person to receive a work permit under the provisions of this chapter, having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city;

   D.   Any person who has not received mandatory server training approved by the chief of police. (Ord. 766, 11-27-2012)

It is unlawful for any person to be employed as a bar employee unless such person is the holder of a valid, current work permit issued in accordance with this chapter. (Ord. 766, 11-27-2012)

   A.   Application Form; Information: Application for a bar employee work permit shall be submitted to the chief of police in writing, under oath, setting forth the following information: applicant's name, age, present permanent residence address; a list of all residences for the past three (3) years prior to the date of such application; a list of the names and addresses of all employers of the applicant for the past three (3) years prior to the date of such application; and a list of all convictions of those crimes enumerated in section 5-11-2 of this chapter.

   B.   Prints And Photographs: At the time of filing such written application, the applicant shall submit to the taking of his or her thumbprints, fingerprints and photograph for use in processing the application and for filing in the records of the police department and the criminal justice information center of the Nevada crime commission.

   C.   Mandatory Server Training: Obtain mandatory server training approved by the chief of police.

   D.   Temporary Permit May Be Issued: Whenever any person applies for a work permit in compliance with this chapter, the chief of police may, in his discretion, issue such applicant a temporary work permit.

   E.   Duty Of Chief Of Police In Processing Application: It shall be the duty of the chief of police:

      1.   To receive and process the applications for work permits provided in this chapter.

      2.   To take the thumbprints, fingerprints and photographs of all applicants and immediately send a copy of such imprints to the criminal justice information center of the Nevada crime commission, or such other law enforcement agency as the chief of police may determine, with the request that all information as to the previous record, if any, of such person be immediately transmitted to the chief of police. On application for renewal, or upon the change of name of any holder of a work permit, the chief of police may submit only the applicant or holder's name to the criminal justice information center, or may require the submission of new thumbprints and fingerprints. If the applicant discloses a felony within the last three (3) years to the potential employer, a letter must be provided from the employer to the chief of police stating that they are aware of the applicant's criminal history.

      3.   To investigate the qualifications of all applicants for work permits under this chapter and to grant or deny such application within forty five (45) days from the date such application is filed.

      4.   The chief of police may deny any application made by any applicant who does not meet the requirements of this chapter, or who has failed to disclose, misstated or otherwise misled the chief of police in respect to any facts or statement contained within the application, or who has refused or neglected to comply with any of the provisions of this chapter.

      5.   The chief of police may revoke any work permit issued under this chapter when it shall appear to the satisfaction of the chief of police that:

         a.   The holder of the work permit has, subsequent to the issuance of the work permit, been convicted of any of the crimes or offenses specified in section 5-11-2 of this chapter.

         b.   The holder of the work permit failed to disclose, misstated or otherwise misled the chief of police in respect of any fact or statement contained in his or her application for a work permit.

         c.   The holder of the work permit refuses or neglects to comply with any of the provisions of this chapter.

         d.   The holder of the work permit is no longer a suitable person to hold such work permit after due consideration by the chief of police of the proper protection of the public health, safety, morals and good order and the general welfare of the inhabitants of the city.

   F.   Fee: Every person applying for a work permit under the provisions of this chapter shall pay, at the time of application, the sum as set by resolution of the city council, as a condition precedent to having issued to him or her the work permit provided in this chapter.

   G.   Renewal: Every person who has been issued a work permit pursuant to this chapter must have that work permit renewed every six (6) years thereafter. This renewal date will correspond with the six (6) year expiration date of the original application and fingerprint date. Every person issued a work permit pursuant to the provisions of this chapter, seeking a replacement for the loss of a permit, or a name change shall be required to pay additional fees as set by resolution of the city council. Issuance of renewal work permits shall not be automatic but shall be subject to such search of the police department records, the state criminal justice information records, and other law enforcement agency records and such background investigation as the chief of police shall determine is necessary to determine the applicant's qualifications to hold such work permit.

   H.   Issuance Of Permit: Upon complying with the provisions of this chapter, and meeting all qualifications required, the chief of police shall issue the applicant a work permit under this chapter, subject to revocation as provided in this chapter. (Ord. 766, 11-27-2012)

Any person whose application for a work permit has been denied or revoked by the chief of police may appeal to the city council for a hearing to show cause why the work permit should be issued or should not be revoked. Such appeal must be filed with the city clerk on or before the thirtieth day following such denial or revocation. Such appeal shall be heard by the city council within thirty (30) days after the appeal is filed. At such hearing, the city council shall receive such evidence and take such testimony as it deems necessary. After such hearing, the city council shall review the testimony taken and any other evidence submitted and shall within thirty (30) days from the date of the hearing announce its decision sustaining or reversing the denial or revocation of the work permit. Such city council may, by unanimous vote, upon evidence of the good moral character and rehabilitation of the applicant, waive any of the disqualifications stated in section 5-11-2 of this chapter, and condition or restrict any such waiver having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city. The filing of such appeal shall constitute consent by the applicant to use all criminal histories, records and information that has been acquired or compiled in connection with the application and the action taken thereon. (Ord. 766, 11-27-2012)

All criminal histories, and records acquired, supplied or compiled by the chief of police, the city council, the police department or any law enforcement agency or record center pursuant to this chapter are confidential and no part thereof may be disclosed except in the proper administration of this chapter, or to an authorized law enforcement agency, to the Nevada gaming control board and commission, to the city council, to the city attorney, to police officers of the city police department and to the criminal justice information center of the Nevada crime commission or to any successor thereof or substitute therefor. Any dissemination of records, criminal history or other information acquired in the administration of this chapter shall be made in compliance with the policies and procedures of the Nevada crime commission. (Ord. 766, 11-27-2012)

It is unlawful for any person owning or operating an establishment where alcoholic beverages are sold at retail to patrons for consumption on the premises, to employ any bar employee who does not hold a valid, current work permit issued under the provisions of this chapter. (Ord. 766, 11-27-2012)

Any person violating any provision of this chapter shall, upon conviction, be punished as provided in title 1, chapter 3 of this code. (Ord. 766, 11-27-2012)

   A.   Unless such use is permitted under any other applicable provision of this code, or unless the location has been designated as a "camping area" by resolution of the city council and the location has been zoned to permit "camping" as a principal, temporary or accessory permitted use, it shall be unlawful to camp on public property (including, without limitation, public parks) within the city limits. For the purpose of this chapter, "to camp" or "camping" means to use real property of the city for living accommodation purposes such as, without limitation, the following:

      1.   Overnight sleeping activities or making preparations to sleep overnight outside of a vehicle (to include a recreational vehicle), such as the laying down of bedding on the ground for the purpose of sleeping overnight;

      2.   Storing personal belongings outside of a structure, except that property lawfully on the person of or associated with a person engaged in lawful activities may be retained by that person;

      3.   Making any fire, other than in a fire or barbecue pit approved by the city or in an area designated for such use by the city, and other than the use of a portable charcoal or propane grill used according to the manufacturer's instructions;

      4.   Using any tent, shelter, or other structure for sleeping overnight; provided, that during daylight hours a person may sleep in a vehicle (to include a recreational vehicle) lawfully parked for a period not to exceed four (4) hours; or

      5.   Cooking, other than in a fire or barbecue pit approved by the city or in an area designated for such use by the city, and other than the use of a portable charcoal or propane grill used according to the manufacturer's instructions.

For purposes of this subsection, "overnight" is defined as the period from one-half (1/2) hour after sunset to sunrise.

   B.   The activities described in subsection A of this section, constitute camping when it reasonably appears in light of all the circumstances that the participant, in conducting these activities, is in fact using the area for living accommodation purposes, regardless of the intent of the participant or the nature of any other activities in which the participant may also be engaging.

   C.   The prohibitions listed in subsection A of this section, shall not restrict any person from doing the following activities:

      1.   Sitting or lying down on public property due to a medical emergency;

      2.   Moving about public property with the aid of a wheelchair, walker or similar device;

      3.   Operating or patronizing a commercial establishment conducted on public property pursuant to an applicable permit;

      4.   Participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted on public property pursuant to an applicable permit;

      5.   Camping at a location approved by the city in connection with a traveling show properly licensed pursuant to this code.

   D.   No person shall be charged with a violation of this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct is unlawful. (Ord. 783, 6-10-2014)

It shall be unlawful for any person to temporarily inhabit, dwell, cohabit, prepare and eat meals, sleep, trespass, camp or remain upon any private places or private lands within the city without the prior written permission of the owner or lessee of such places or lands. No person shall be charged with a violation of this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer or a person (or representative of a person) in lawful possession of the property that the conduct is unlawful. (Ord. 783, 6-10-2014)

It shall be unlawful for any business to conduct business within any city owned park and/or adjoining right of way, including, but not exclusively, streets, curbs, gutters or parks, except for the following persons or entities under the following conditions:

   A.   Any person holding a vendor permit pursuant to section 4-1-16 of this code.

   B.   Any person holding a special event permit pursuant to this code.

   C.   Any person holding a traveling show business license pursuant to this code.

   D.   Private parties/gatherings in which the business has been hired to provide food, beverages and/or entertainment. Payment for the services provided shall be made by the organizer of the private party/gathering and shall not be charged individually to the party/gathering participants. At no time will the business be open to the public.

   E.   Any business operating under a concessionaire agreement with the city.

   F.   Any business contracted or hired by an organized sporting event to provide food, beverages, and/or entertainment. (Ord. 783, 6-10-2014)

The penalties provided in title 1, chapter 3 of this code shall apply to this chapter. (Ord. 783, 6-10-2014)

The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances. (Ord. 783, 6-10-2014)

This chapter may be cited as LOST AND FOUND PROPERTY. (Ord. 262, 6-27-1978)

Every officer and employee of the city, who shall find any lost money or property in or upon any public ground, street, highway, road, alley, sidewalk, public building or other property of the city, or when in the course of his duties as a city employee shall otherwise come into possession of any personal property, the owner of which is unknown, shall deliver the same to the officer or the person in charge of the place where such money or property is found or to the head of the department where such employee is employed or to the chief of police. (Ord. 262, 6-27-1978)

   A.   Claim; Conditions: Notwithstanding any other provision of this chapter, whenever any item of lost or abandoned property has been found and delivered to the chief of police or one of his subordinates for care, custody and control, by any person, such item shall be returned to the original finder whenever a claim has been made by the finder and the following conditions have been met:

      1.   The claimant is the person who originally found the lost or abandoned property.

      2.   Claimant, after sending the property to the chief of police, has served written notice of his intention to make a claim on that item within ninety (90) days of the surrender of the item.

      3.   The lost or abandoned property has remained unclaimed by the owner or person having a right to said property before ninety (90) days after surrender of the same to the chief of police or his subordinate.

      4.   The lost or abandoned property is not stolen or confiscated property, nor other properties coming within the provisions of Nevada Revised Statutes chapter 179.

   B.   Employees Exempt: In no event shall property or money be returned to a city employee who found the same while within the scope of his employment with the city. (Ord. 262, 6-27-1978)

The person to whom such money or property is delivered, other than the chief of police, shall cause the same to be delivered to the custody of the chief of police who shall care for and protect all such property coming into his possession. The chief of police shall restore such property or money to its true owner or the persons entitled to possession thereof, upon proof of ownership or right of possession satisfactory to him, and upon payment to him of all costs reasonably or necessarily incurred by him in the care and protection of such property. If the identity of the owner appears from an examination of the property or if the identity of the owner is otherwise known to the chief of police, he shall notify the apparent owner by letter, certified mail, return receipt requested, postage prepaid at the owner's last known address. Such letter shall describe the property and state that the same may be sold or otherwise disposed of unless claimed within ninety (90) days. (Ord. 262, 6-27-1978)

Any unclaimed or unreturned property, other than money, in the possession of the police department, unless otherwise provided by law, may be sold at auction by the chief of police or his representative to the highest bidder after being held by the police department for a period of at least ninety (90) days or being held for ninety (90) days from the date of mailing as provided in section 5-13-3 of this chapter. (Ord. 262, 6-27-1978)

Notice of any sale under the provision of this chapter shall be published at least twice in a newspaper of general circulation published in the city. The first publication shall be at least ten (10) days prior to the time fixed for said auction. Said notice shall contain a statement of the time and place fixed by the chief of police for such auction, together with a general statement of the kind of property offered for sale at such auction. (Ord. 262, 6-27-1978)

Immediately upon the completion of any such auction sale, the chief of police shall report to the city clerk, the necessary expenses of such sale actually incurred and a statement of the proceeds of such sale, and shall forthwith pay to the city clerk, for deposit in the general fund the proceeds remaining after payment of the expenses actually incurred. (Ord. 262, 6-27-1978)

If there be no bids incurred for any item offered for sale at such auction, each item shall be disposed of by the chief of police, in the public interest, as he shall deem fit. The chief of police shall advise the city clerk of the disposition made of all such properties and shall forthwith pay to the city clerk all monies received by him in disposal of such property. (Ord. 262, 6-27-1978)

Any money received by the chief of police under sections 5-13-2 and 5-13-3 of this chapter shall be retained in his custody for a period of ninety (90) days. All such money which remains unclaimed by its true owner, or the person entitled to possession thereof, for a period of ninety (90) days from the date of its finding shall be deposited by the chief of police with the city clerk for deposit in the general fund. (Ord. 262, 6-27-1978)

Whenever used in this chapter, unless the context otherwise requires, the following words shall have the meaning attached to them by this section:

   TAXICAB: A motor vehicle or vehicles to accommodate and transport passengers for hire within the city or from points within the city to points without the city; provided, that motor carriers conducting fixed route operations or ambulances are not considered as taxicabs.

   TAXICAB OPERATION: The operation of a motor vehicle or vehicles to accommodate and transport passengers for hire within the city, or, from points within the city to points without the city; provided, that motor carriers conducting fixed route operations or ambulances are not construed as taxicab operations.

   TAXICAB OPERATION EMPLOYEE: Those employees of establishments, firms, corporations, businesses, partnerships, or any other type of business organization, or a lessee thereof, conducting a taxicab operation.

   TEMPORARY WORK PERMIT: A work permit which is valid for a period not to exceed sixty (60) days from its date of issue and is not renewable.

   WORK PERMIT: Any card, certificate or permit issued by the city council or by the chief of police, authorizing employment to the holder as a taxicab operation employee. (Ord. 459, 7-25-1995)

   A.   Generally: The city council finds, and it is hereby declared to be the policy of the city that, to protect the public health, safety, morals, good order and general welfare of the inhabitants of the city, it is necessary that the city council ascertain and keep itself informed of the identity, qualifications, prior activities and present location of all taxicab operation employees in the city, and maintain confidential records of such information; and require registration with the police department; and require the thumbprinting, fingerprinting and photographing of taxicab operation employees; and to require the chief of police to investigate the background qualification of each applicant for a taxicab operation employee work permit under this chapter, before any such work permit is granted; and to periodically investigate into legal qualifications of each applicant or holder of a work permit under this chapter, to the end that such work permit shall not be granted to or held by unqualified, disqualified or unsuitable persons.

   B.   Prohibited Persons: To better define the policy of the city in this chapter, the following persons may be declared to be unqualified, disqualified or unsuitable persons to be granted or to hold a taxicab operation employee work permit under the provisions of this chapter:

      1.   A person who within the past three (3) years has been convicted in the state or elsewhere of:

         a.   A felony or any crime which, under the laws of the state, is punishable as a felony;

         b.   Any crime in which defraud or intent to fraud was an element;

         c.   Larceny in any degree;

         d.   Buying or receiving stolen property;

         e.   Unlawful possession, use, selling, dispensing, exchanging, supplying, giving away or distribution of any "controlled substance", as that term is defined in the uniform controlled substance act, or any "dangerous drug", as that term is defined in Nevada Revised Statutes title 40, chapter 454, or of marijuana, or of any narcotic drug;

         f.   Any sex offense or crime involving moral turpitude;

         g.   Violation of any law, whether the same is or is not punishable as a felony, regulating or prohibiting the use, carrying, possession or ownership of any concealed weapon or deadly weapon.

      2.   A person under the age of eighteen (18) years.

      3.   A person who the chief of police determines is not a suitable person to receive a work permit under the provisions of this chapter, having due consideration for the proper protection of the public interests, health, safety, morals, good order and general welfare of the inhabitants of the city. The chief of police shall make a written statement of the reasons for disqualification of any person under this subsection in the event such disqualification is appealed to the city council. (Ord. 612, 11-25-2003)

It is unlawful for any person to be employed as a taxicab operation employee unless such person is the holder of a valid, current work permit issued in accordance with the terms, provisions and conditions of this chapter. (Ord. 459, 7-25-1995)

   A.   Application Form; Information: Application for a taxicab operation employee work permit shall be submitted to the chief of police in writing, under oath, setting forth the following information: applicant's name, age, present residence address; a list of the residences for the past three (3) years prior to the date of such application; a list of the names and addresses of all employers of the applicant for the past three (3) years prior to the date of such application; a list of all convictions within the past three (3) years prior to the date of filing the application for those crimes enumerated in section 5-14-2 of this chapter.

   B.   Prints And Photographs: At the time of filing such written application, the applicant shall submit to the taking of his or her thumbprints, fingerprints and photographs for use in processing the application and for filing in the records of the police department and the criminal justice information center of the Nevada crime commission.

   C.   Temporary Permit May Be Issued: Whenever any person applies for a work permit in compliance with the terms, provisions and conditions of this chapter, the chief of police may, in his discretion, issue such applicant a temporary work permit.

   D.   Duty Of Chief Of Police In Processing Application: It shall be the duty of the chief of police:

      1.   To receive and process the applications for work permits provided in this chapter.

      2.   To take the thumbprints, fingerprints and photographs of all applicants and immediately send a copy of such prints and photos to the criminal justice information center of the Nevada crime commission, or such other law enforcement agency as the chief of police may determine, with the request that all information as to the previous record, if any, of such person be immediately transmitted to the chief of police. On application for renewal, or upon the change of name of any holder of a work permit, the chief of police may submit only the applicant's or holder's name to the criminal justice information center, or may require the submission of new thumbprints and fingerprints. If the applicant discloses a felony within the last three (3) years to the potential employer, a letter must be provided from the employer to the chief of police stating that they are aware of the applicant's criminal history.

      3.   To investigate the qualifications of all applicants for work permits under this chapter and to grant or deny such application within sixty (60) days from the date such application is filed.

      4.   The chief of police may deny any application made by any applicant who does not meet the requirements of this chapter, or who has failed to disclose, misstated or otherwise misled the chief of police in respect to any facts or statement contained within the application, or who has refused or neglected to comply with any of the provisions of this chapter.

      5.   The chief of police may revoke any work permit issued under this chapter when it shall appear to the satisfaction of the chief of police that:

         a.   The holder of the work permit has, subsequent to the issuance of the work permit, been convicted of any of the crimes or offenses specified in section 5-14-2 of this chapter.

         b.   The holder of the work permit failed to disclose, misstated or otherwise misled the chief of police in respect of any fact or statement contained in his or her application for a work permit.

         c.   The holder of the work permit refuses or neglects to comply with any of the provisions of this chapter.

         d.   The holder of the work permit is no longer a suitable person to hold such work permit after due consideration by the chief of police of the proper protection of the public interests, health, safety, morals, good order and the general welfare of the inhabitants of the city.

   E.   Fee: Every person applying for a work permit under the provisions of this chapter shall pay, at the time of application, the fee as set by resolution of the city council as a condition precedent to having issued to him or her the work permit provided in this chapter.

   F.   Renewal: Every person who has been issued a work permit pursuant to this chapter must have that work permit renewed every five (5) years thereafter and/or upon any change at any time of place of employment, and/or upon any change of name.

   G.   Expiration Of Permit: All such work permits issued pursuant to this chapter shall expire five (5) calendar years from the date of issuance.

   H.   Time Limit For Renewal Application: A holder of a work permit must apply for renewal of the permit from the chief of police within ten (10) days following any change of place of employment or change of name.

   I.   Additional Fee: Every person issued a work permit pursuant to the provisions of this chapter, seeking a replacement, modification or reissuance of an original work permit previously issued to him or her because of a change of place of employment and/or upon any change of name, shall be required to pay an additional fee in accordance with city council resolution.

   J.   Renewal Fee: Every person holding a work permit pursuant to the provisions of this chapter seeking a renewal of the original work permit previously issued to him or her shall, after expiration of five (5) calendar years from the date of issuance, pay to the city the fee as set by resolution of the city council for such renewal work permit and shall, if requested by the chief of police, submit to thumbprinting and fingerprinting and/or photographing and/or submit portions of an application as the chief of police shall specify.

   K.   Search And Investigation For Renewal: Issuance of renewal work permits shall not be automatic but shall be subject to such search of the police department records, the Nevada criminal justice information records, and other law enforcement agency records and such background investigation as the chief of police shall determine is necessary to determine the applicant's qualifications to hold such work permit.

   L.   Issuance Of Permit: Upon complying with the provisions of this chapter, and meeting all qualifications required, the chief of police shall issue the applicant a work permit under this chapter, subject to revocation as provided in this chapter. (Ord. 612, 11-25-2003)

Any person whose application for a work permit has been denied or revoked by the chief of police may appeal to the city council for a hearing to show cause why the work permit should be issued or should not be revoked. Such appeal must be filed with the city clerk on or before the thirtieth day following such denial or revocation. Such appeal shall be heard by the city council within thirty (30) days after the appeal is filed. At such hearing, the city council shall receive such evidence and take such testimony as it deems necessary. After such hearing, the city council shall review the testimony taken and any other evidence submitted and shall within thirty (30) days from the date of the hearing announce its decision sustaining or reversing the denial or revocation of the work permit. Such city council may, by unanimous vote, upon evidence of the good moral character and rehabilitation of the applicant, waive any of the disqualifications stated in section 5-14-2 of this chapter, and condition or restrict any such waiver, having due consideration for the proper protection of the public interest, health, safety, morals, good order and general welfare of the inhabitants of the city. The filing of such appeal shall constitute consent by the applicant to use all criminal histories, records and information that has been acquired or compiled in connection with the application and the action taken thereon. (Ord. 459, 7-25-1995)

All criminal histories, and records acquired, supplied or compiled by the chief of police, the city council, the police department or any law enforcement agency or record center pursuant to this chapter are confidential and no part thereof may be disclosed except in proper administration of this chapter, or to any authorized law enforcement agency or to the Nevada gaming control board and commission or to the city council or to the city attorney or to law enforcement officers within the county and to the criminal justice information center of the Nevada crime commission or to any successor thereof or substitute therefor. Any dissemination of records, criminal history or other information acquired in the administration of this chapter shall be made in compliance with the policies and procedures of the Nevada crime commission. (Ord. 459, 7-25-1995)

   A.   Prohibition: It is unlawful for any person owning or operating a business, firm, corporation, partnership or association to employ or continue to employ a taxicab operation employee who does not hold a valid, current work permit issued under provisions of this chapter.

   B.   Applicability: The regulations and provisions of this chapter shall be applicable to all persons and businesses described herein regardless of whether such persons and businesses are currently licensed to do business in the city and regardless of whether the activities occurred before or after the effective date hereof.

   C.   Time For Compliance: All such persons and businesses requiring work permits shall have fifty (50) days from the effective date hereof to comply with regulatory provisions of this chapter. (Ord. 459, 7-25-1995)

It is unlawful for any person to operate any taxicab pursuant to the terms of this chapter unless such person has conspicuously displayed a valid, current work permit issued under the provisions of this chapter. It shall be unlawful for any person other than the person to whom the taxicab operation employee work permit has been issued to be in possession of such work permit. It is unlawful for any person to whom a taxicab operation employees work permit has been issued under the terms of this chapter to permit such work permit to be in the possession of another person. (Ord. 459, 7-25-1995)

It shall be a misdemeanor offense for any person, establishment, firm, corporation, partnership or other business organization, or lessee thereof, to commence a taxicab operation within the city without first complying with the regulations of the public service commission of the state. (Ord. 459, 7-25-1995)

Any person or taxicab operation violating any provision of this chapter shall, upon conviction, be punished as provided in title 1, chapter 3 of this code. (Ord. 459, 7-25-1995)

This chapter shall be known and cited as the REGULATION OF IMITATION CONTROLLED SUBSTANCES ORDINANCE. (Ord. 327, 3-9-1982)

The following terms when used in this chapter shall have the meaning indicated:

   CONTROLLED SUBSTANCE: A "controlled substance" as defined in Nevada Revised Statutes section 453.041.

   DISTRIBUTE: The actual, constructive or attempted substance, which by dosage unit appearance (including color, shape, size and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. In those rare cases when the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an "imitation controlled substance" (for example in the case of powder or liquid), the court or authority concerned should consider, in addition to all other logically relevant factors, the following factors as related to "representations made" in determining whether the substance is an "imitation controlled substance":

   A.   Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;

   B.   Statements made to the recipient that the substance may be resold for inordinate profit;

   C.   Whether the substance is packaged in a manner normally used for illicit controlled substances;

   D.   Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;

   E.   Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law related to controlled substances or fraud;

   F.   The proximity of the substances to controlled substances.

   MANUFACTURE: The production, preparation, compounding, processing, encapsulating, packaging or repackaging, labeling or relabeling of an imitation controlled substance. (Ord. 327, 3-9-1982)

It is unlawful for any person to manufacture, sell, distribute or possess with intent to sell or distribute, an imitation controlled substance. Any person who violates this section shall be guilty of a city offense as set forth in section 5-15-7 of this chapter. (Ord. 327, 3-9-1982)

It is unlawful for any person to use, or to possess with intent to use, an imitation controlled substance. Any person who violates this section is guilty of a city offense as set forth in section 5-15-7 of this chapter. (Ord. 327, 3-9-1982)

It is unlawful for any person to place any newspaper, magazine, handbill or other publication, or to post or distribute in any public place, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances. Any person who violates this section is guilty of a city offense as set forth in section 5-15-7 of this chapter. (Ord. 327, 3-9-1982)

No civil or criminal liability shall be imposed by virtue of this chapter on any person registered under the controlled substances act who manufactures, distributes or possesses an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research. (Ord. 327, 3-9-1982)

Whenever in this chapter any act is prohibited or is made or declared to be unlawful or a city offense, or whenever in this chapter the doing of any act is required or the failure to do any act is made or declared to be unlawful or a city offense, the doing of any such prohibited act or the failure to do any such required act shall constitute a city offense and, upon conviction thereof, shall be punished as provided in title 1, chapter 3 of this code. Any day of any violation of this chapter shall constitute a separate offense and be punishable as such hereunder. (Ord. 327, 3-9-1982)

This chapter shall be known and may be cited as the ORDINANCE REGULATING THE PRESENCE AND CONDUCT OF MINORS ON STREETS AND PUBLIC PLACES. (Ord. 449, 10-25-1994)

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

   CITY: The city of Elko.

   CUSTODIAN: Any person over the age of eighteen (18) who is in loco parentis to a juvenile.

   GUARDIAN: Any person other than a parent, who has legal guardianship of a minor.

   MINOR: Any person under the age of eighteen (18).

   PARENT: The natural or adoptive parent of a minor.

   PUBLIC PLACE: Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A "public place" shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, poolroom, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above. (Ord. 449, 10-25-1994)

It shall be unlawful for any minor to be idle, remain, wander, stroll or play in any public place, either on foot or to cruise about, without a set destination in any vehicle in, about or upon any place in the city between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M., Sunday through Thursday, and between the hours of twelve o'clock (12:00) A.M. (midnight) and six o'clock (6:00) A.M., Friday and Saturday during the school year, and between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M., Sunday through Thursday, and between the hours of twelve o'clock (12:00) A.M. (midnight) and six o'clock (6:00) A.M., Friday and Saturday during the Elko County school district summer vacation, unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation. (Ord. 449, 10-25-1994)

Unless otherwise permitted by this chapter, it shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of eighteen (18) during curfew hours for minors. (Ord. 449, 10-25-1994)

   A.   Violation: It shall be a civil infraction for the parent, guardian or other adult person having custody or control of any minor under the age of eighteen (18) to suffer or permit, or by ineffective control to allow, such person to be on the streets or sidewalks or in any public property or public place within the city during curfew hours for minors. However, the provisions of this section do not apply to a minor accompanied by his parent, guardian, custody or other adult person having the care, custody or control of the minor, or if the minor is on any emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor or if the parent, guardian or other adult person herein has made a missing person notification to the police department. The issuance of a citation to a parent creates a rebuttable presumption of ineffective control of the juvenile.

   B.   Notice Of Civil Infraction; Form: A notice of civil infraction must be on the form which is prescribed by the police department and must contain the following information:

      1.   The location at which the violation occurred;

      2.   The date and time of the violation;

      3.   The signature of the person who issues the notice of civil infraction;

      4.   The section of this code which allegedly is being violated;

      5.   Information which advises of the manner in which, and the time within which, the notice of civil infraction should be answered;

      6.   Any other reasonable information which is prescribed by the police department.

   C.   Duties Of Respondent:

      1.   A person who responds to a notice of infraction must either:

         a.   "Admit" the commission of the infraction and pay the appropriate civil fine; or

         b.   "Deny" liability for the infraction.

      2.   A person may "admit" pursuant to subsection C1a of this section by paying the amount of the civil fine which is appropriate for the violation which was committed to the municipal court.

      3.   A person may "deny" liability pursuant to subsection C1b of this section only by appearing in person before the municipal court.

   D.   Commencement Of Civil Action; Procedure: Judicial enforcement of notices of infraction must be by way of civil suit in the municipal court if a person denies liability. A civil action may be commenced by the filing of a complaint in the name of the city and the issuance of a summons with respect thereto, and service of such complaint and summons on the defendant must be made by certified mail, return receipt requested, addressed to the defendant at his/her last known address or in any other matter which is authorized by law. The proceedings in municipal court for actions commenced pursuant to this chapter shall be governed by rules 1 and 3 through 87 of the justice court rules of procedures, except that there shall be no right of trial by jury.

   E.   Schedule Of Civil Fines: The civil fines imposed upon a parent, guardian or other adult person having the care and custody of a minor violating this chapter for civil infractions shall be as follows:

 

 

(Ord. 449, 10-25-1994)

Any minor attending a special function or entertainment of any church, school, club or other organization that requires such minor to be out at a later hour than that called for in section 5-16-3 of this chapter shall be exempt from the provisions of section 5-16-3 of this chapter, provided the police officer is able to verify that the minor qualifies under the provisions of this section for an exemption. The minors who attend the function shall be required to be in their homes or usual places of abode within one-half (1/2) hour after the function is ended. (Ord. 449, 10-25-1994)

   A.   Violations: Any violation of section 5-16-3 of this chapter may result in the minor being cited to the juvenile court for a violation of section 5-16-3 of this chapter. In addition, the parents of said juvenile may also be forthwith personally cited to the municipal court for a violation of section 5-16-5 of this chapter. Any violation of section 5-16-4 of this chapter shall result in that business being cited to the municipal court.

   B.   Disposition Of Minor Upon Issuance Of Citation: After issuance of a citation, if such minor fails to immediately return to his or her home, he or she shall be taken to the police department and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities. (Ord. 449, 10-25-1994)

   A.   Minor: Any minor violating the provisions of this chapter may be processed in accordance with the juvenile court law and procedure.

   B.   Other Persons: Any person other than a parent convicted of any criminal provision of this chapter shall be sentenced as provided for in title 1, chapter 3 of this code. Parents found to have committed a civil violation shall be fined as set forth in subsection 5-16-5E of this chapter.

   C.   Accounting Of Monies Received: All monies received as a result of the enforcement of this chapter shall be accounted for in a separate account and such monies shall be used for the purpose of preventing juvenile crime. (Ord. 449, 10-25-1994)

This chapter shall be known and may be cited as the CITY OF ELKO ANTILITTER ORDINANCE. (Ord. 386, 10-11-1988)

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

   AUTHORIZED PRIVATE RECEPTACLE: A litter storage and collection receptacle as required and authorized in section 9-2-3 of this code.

   CITY: The city of Elko, Nevada.

   GARBAGE: Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

   LITTER: "Garbage", "refuse" and "rubbish", as defined in this section, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.

   PARK: A park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.

   PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.

   PRIVATE PREMISES: Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

   PUBLIC PLACE: Any and all streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, squares, spaces, grounds and buildings.

   REFUSE: All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

   RUBBISH: Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

   VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. 386, 10-11-1988)

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection, or in official city dumps. (Ord. 386, 10-11-1988)

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 386, 10-11-1988)

Except when authorized by the city at specified times, no person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (Ord. 386, 10-11-1988)

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot, or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter. (Ord. 386, 10-11-1988)

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. (Ord. 386, 10-11-1988)

No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. (Ord. 386, 10-11-1988)

No person shall throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. (Ord. 386, 10-11-1988)

No person shall throw or deposit litter in any fountain, pond, stream or any other body of water in a park or elsewhere within the city. (Ord. 386, 10-11-1988)

No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (Ord. 386, 10-11-1988)

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection. (Ord. 386, 10-11-1988)

No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not. (Ord. 386, 10-11-1988)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined or imprisoned as provided for in section 1-3-1 of this code. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 386, 10-11-1988)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 386, 10-11-1988)

This chapter shall be known and may be cited as the ORDINANCE REGULATING DISTRIBUTION OF MATERIAL HARMFUL TO MINORS. (Ord. 388, 2-14-1989)

For the purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory.

   HARMFUL TO MINORS: That quality of any description or representation, in whatever form, of nudity, sexual conduct or sexual excitement, when it:

   A.   Predominantly appeals to the prurient, shameful or morbid interest of minors in sex; and

   B.   Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and

   C.   Taken as a whole, lacks serious literary, artistic, political or scientific value.

   KNOWINGLY: A. Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both;

   B.   The character and content of any material which is reasonably susceptible of examination by the defendant; and

   C.   The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.

   MINOR: Any person under the age of eighteen (18) years.

   NUDITY: The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

   SEXUAL CONDUCT: Includes any of the following depicted sexual conduct:

   A.   Any act of sexual intercourse, actual or simulated, including genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal;

   B.   Sadomasochistic abuse meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume, or the condition of being fettered, bound or otherwise physically restricted on the part of one so clothed;

   C.   Masturbation or lewd exhibitions of the genitals, including any explicit, close up representation of a human genital organ;

   D.   Physical contact or simulated physical contact with the clothed or unclothed areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification;

   E.   An act of sexual assault where physical violence or drugs are employed to overcome the will of or achieve the consent of a person to an act of sexual conduct and the effects or results of the violence or drugs are shown.

   SEXUAL EXCITEMENT: The condition of human male or female genitals when in a state of sexual stimulation or arousal. (Ord. 388, 2-14-1989)

It is unlawful for any person knowingly to sell or loan for monetary consideration to a minor:

   A.   Any picture, photograph, drawing, sculpture, motion picture film, videotape, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sexual excitement and which is harmful to minors.

   B.   Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in subsection A of this section, or which contains explicit and detailed verbal descriptions or narrative accounts of nudity, sexual excitement or sexual conduct and which taken as a whole is harmful to minors. (Ord. 388, 2-14-1989)

It is unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct, sexual excitement and which is harmful to minors. (Ord. 388, 2-14-1989)

It is unlawful for any person commercially and knowingly to exhibit, display, sell, offer to sell, give away, circulate, distribute, or attempt to distribute any material which is harmful to minors in its content in any place where minors are or may be present or allowed to be present and where minors are able to view such material, unless each item of such material is at all times kept in a sealed wrapper.

   A.   It is also unlawful for any person commercially and knowingly to exhibit, display, sell, offer to sell, give away, circulate, distribute, or attempt to distribute any material whose cover, covers or packaging, standing alone, is harmful to minors, in any place where minors are or may be present or allowed to be present and where minors are able to view such material, unless each item of such material is blocked from view by an opaque cover. The requirement of an opaque cover shall be deemed satisfied concerning such material if those portions of the cover, covers or packaging containing such material harmful to minors are blocked from view by an opaque cover.

   B.   The provisions of this section shall not apply to the distribution or attempt to distribute the exhibition, display, sale, offer of sale, circulation, or giving away of material harmful to minors where such material is sold, exhibited, displayed, offered for sale, given away, circulated, distributed, or attempted to be distributed under circumstances where minors are not present, not allowed to be present, or are not able to view such material or the cover, covers or packaging of such material. Any business may comply with the requirements of this subsection by physically segregating such material in a manner so as to physically prohibit the access to and view of the material by minors, by prominently posting at the entrances to such restricted area, "Adults Only. You Must Be 18 To Enter", and by enforcing said restrictions. (Ord. 388, 2-14-1989)

The following are exempt from criminal or other action hereunder:

   A.   Recognized and established schools, religious institutions, museums, medical clinics and physicians, hospitals, public libraries, governmental agencies or quasi governmental sponsored organizations, and persons acting in their capacity as employees or agents of such organizations. For the purpose of this section "recognized and established" shall mean: an organization or agency having a full time faculty and diversified curriculum in the case of a school; a religious institution affiliated with a national or regional denomination; a licensed physician or psychiatrist or clinic of licensed physicians or psychiatrists; and in all other exempt organizations shall refer only to income tax exempted organizations which are supported in whole or in part by tax funds or which receive at least one third of their support from publicly donated funds.

   B.   Individuals in a parental relationship with the minor. (Ord. 388, 2-14-1989)

   A.   The city council is enacting this chapter to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. The city council is authorized to enact this chapter pursuant to its police powers, as specified in the Elko city charter or the Nevada Revised Statutes.

   B.   The city council finds that graffiti is a public nuisance and destructive of the rights and values of property owners, as well as the entire community. Unless the city acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the city.

   C.   The city council intends, through the adoption of this chapter, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. The city council does not intend for this chapter to conflict with any antigraffiti state laws. (Ord. 645, 6-14-2005)

For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:

   AEROSOL PAINT CONTAINER: Any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.

   BROAD TIPPED MARKER: Any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth (1/4) of an inch, containing ink or other pigmented liquid that is not water soluble.

   ETCHING EQUIPMENT: Any tool, device or substance that can be used to make permanent marks on any natural or manmade surface.

   GRAFFITI: Any unauthorized inscription, word, figure, design, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property, real or personal, by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property or, despite advance authorization, is otherwise deemed a public nuisance by the city council.

   GRAFFITI IMPLEMENT: An aerosol paint container, a broad tipped marker, gummed label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.

   PAINT STICK OR GRAFFITI STICK: Any device containing a solid form of paint, chalk, wax, epoxy, or other epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth (1/8) of an inch in width.

   PERSON: Any individual, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity. (Ord. 645, 6-14-2005)

   A.   Defacement: It shall be unlawful for any person to apply graffiti to any natural or manmade surface on any city owned property or, without the permission of the owner or occupant, on any noncity owned property. (Ord. 645, 6-14-2005)

   B.   Possession Of Graffiti Implements:

      1.   Minors At Or Near School Facilities: It shall be unlawful for any minor person, upon his person or in a vehicle, under the age of eighteen (18) years to possess any graffiti implement while on any school property, grounds, facilities, buildings or structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property. The provisions of this section shall not apply to the possession of broad tipped markers by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of broad tipped markers. The burden of proof in any prosecution for violation of this section shall be upon the minor student to establish the need to possess a broad tipped marker.

      2.   Designated Public Places Or Public Transportation: Any person who carries on his person a graffiti implement with the intent to vandalize, place graffiti on or otherwise deface public or private property, real or personal, of another:

         a.   While on or under any overpass or bridge or in any flood channel;

         b.   At any public facility, community center, park, playground, swimming pool, transportation facility, beach or recreational area whereon a sign is posted in a location reasonably expected to be viewed by the public which states that it is a misdemeanor to possess a graffiti implement at that public location without valid authorization; or

         c.   In a public transportation vehicle wherein a sign is posted that is easily viewed by passengers which states that it is a misdemeanor to possess a graffiti implement in the vehicle without valid authorization, is guilty of a misdemeanor unless he has first received valid authorization from the governmental entity which has jurisdiction over the public area or other person who is designated to provide such authorization.

         d.   As used in this subsection:

            (1)   "Public transportation vehicle" means a bus, train or other vehicle or instrumentality used to transport persons from a transportation facility to another location.

            (2)   "Transportation facility" means an airport, marina, bus terminal, train station, bus stop or other facility where a person may go to obtain transportation.

      3.   All Other Locations: It shall be unlawful for any person to possess a graffiti implement anywhere else not specified in subsection B1 or B2 of this section within the city with the intent to use the graffiti implement to deface, vandalize or place graffiti upon property as prohibited by this section or knowing that some other person intends to use the graffiti implement in the commission of such an offense. In determining intent, an officer enforcing this code or a court considering charges for violation of this section may consider, among other factors, the following:

         a.   Whether the graffiti implement is found upon the person;

         b.   Whether the person is known to have propensity to engage in acts of graffiti;

         c.   Whether the person is known to have gang affiliations which are known to engage in unlawful graffiti;

         d.   Whether the person takes flight upon contact by law enforcement;

         e.   Whether the person refuses to identify himself;

         f.   Whether the person attempts to conceal himself/herself or the graffiti implement;

         g.   Whether a nongraffiti intention or use is present in the circumstances surrounding the possession; and/or

         h.   Whether the graffiti implement was recently purchased. (Ord. 682, 6-24-2008)

   A.   Furnishing To Minors Prohibited: It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan or otherwise furnish, or cause or permit to be exchanged, given, loaned or otherwise furnished, any aerosol paint container, broad tipped marker or paint stick to any person under the age of eighteen (18) years without the written consent of the parents or guardian of the person.

   B.   Signage Required: Every person who operates a retail commercial establishment selling graffiti implements shall:

      1.   Place a sign in clear public view at or near the display of such products stating:

      2.   Place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating:

(Ord. 645, 6-14-2005)

   C.   Display And Storage:

      1.   Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers, paint sticks, or broad tipped markers shall store the containers, sticks or markers in an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business.

      2.   In the event that a commercial retail establishment is unable to store the aerosol paint containers, paint sticks, or broad tipped markers in an area as provided above, the establishment shall store the containers, sticks, and markers in an area not accessible to the public in the regular course of business without employee assistance. (Ord. 682, 6-24-2008)

   A.   Fines And Imprisonment: Any person violating this chapter by applying graffiti or possessing graffiti implements shall be punished by a fine of not less than four hundred dollars ($400.00) for the first offense and to perform one hundred (100) hours of community service; not less than seven hundred fifty dollars ($750.00) for the second offense and to perform two hundred (200) hours of community service; and one thousand dollars ($1,000.00) for each subsequent offense and to perform two hundred (200) hours of community service or by imprisonment for a term not to exceed sixty (60) days, or by both fine and imprisonment at the discretion of the court; and in addition to any other penalties, an assessment of two hundred fifty dollars ($250.00) as provided in Nevada Revised Statutes section 268.4085. The community service assigned pursuant to this section must, if possible, be related to the abatement of graffiti. Violations of this chapter which do not have a specific penalty provided shall be punishable as a misdemeanor as provided in section 1-3-1 of this code. (Ord. 682, 6-24-2008)

      1.   In the case of a minor, the parents or legal guardian shall be jointly and severally liable with the minor for payment of all fines.

      2.   Upon an application and find of indigence, the court may decline to order fines against the minor, parents or guardian.

   B.   Restitution: In addition to any punishment specified in this section, the court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make the restitution. (Ord. 645, 6-14-2005)

   C.   Community Service: As part of the penalties specified in this section, a minor or adult shall perform community service as described by the court based on the following minimum requirements:

      1.   At least one parent or guardian of the minor shall be in attendance a minimum of fifty percent (50%) of the period of assigned community service.

      2.   The entire period of community service shall be performed under the supervision of a community service provider approved by the chief of police.

      3.   Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal. (Ord. 702, 2-10-2009)

   D.   Driver's License Suspension: In the event the state law permits or is amended to permit a municipal or other court enforcing the code to order suspension of a driver's license as provided in Nevada Revised Statutes 206.330(5) or to otherwise report a conviction of this chapter to the department of motor vehicles which would result in a suspension of a driver's license of a person so convicted, the municipal or other court finding a violation of this chapter shall so order as part of the sentence imposed herein as would be consistent with a similar violation of state law. (Ord. 682, 6-24-2008)

   A.   Declaration Of Nuisance: The existence of graffiti on public or private property in violation of this chapter is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this code.

   B.   Duty Of Owner Or Possessor: It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property, to at all times keep the property clear of graffiti. (Ord. 645, 6-14-2005)

Any person applying graffiti on public or private property shall have the duty to remove the graffiti within twenty four (24) hours after notice by the city or private owner of the property involved. Such removal shall be done in a manner prescribed by the chief of police, the director of the department of public works, or any additional city department head, as authorized by the city council. Any person applying graffiti shall be responsible for the removal or for the payment for the removal of the graffiti. Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this chapter. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible for such removal or for the payment for the removal. (Ord. 682, 6-24-2008)

If graffiti is not removed by the perpetrator according to section 5-19-7 of this chapter, graffiti may be removed pursuant to the following provisions:

   A.   Voluntary Graffiti Removal Assistance Program: The city has determined that removal of graffiti as soon as practicable is essential to its policy of prohibiting and preventing defacement of property within the city. In all cases, removal is sought to be accomplished within twenty four (24) hours. The city hereby establishes a graffiti removal assistance program which will be set forth in further detail by resolution of the city council and as may be amended from time to time to reflect changes in methods and funding for graffiti removal. The purpose of such program shall be to encourage the fast abatement/eradication of the graffiti and lessen the economic and resource burden upon the owner of the property subjected to graffiti without fault of the owner and/or to the city. Such program shall contain at least the following:

      1.   Any agreement for removal assistance between the city and the owner of the defaced property shall be in writing.

      2.   Prior to a written notice to any private property owner to remove graffiti, the city manager or his designee will make reasonable efforts to informally contact the owner to explore the possibilities and terms for an agreement between the city and the owner for graffiti removal or eradication under the graffiti removal assistance program.

      3.   Prior to entry upon the private property at issue or the use of city resources or equipment by the property owner, the city shall require the consent and release required by resolution of the city council.

      4.   Nothing herein or in the agreement between the parties shall relieve the perpetrator of the graffiti from responsibility for violating this chapter or from any remedies or claims the city or the owner may assert against the perpetrator for damages or costs.

      5.   Whenever the city becomes aware or is notified and determines that graffiti is located on public or privately owned property viewable from a public or quasi-public place, the city is authorized to use public funds for the removal of the graffiti pursuant to the voluntary removal program, or for the painting or repairing of the graffiti but may not authorize or undertake to provide for the painting or repair of any more extensive an area than where the graffiti is located, unless the city manager determines in writing that a more extensive area is required to be repaired in order to avoid an aesthetic disfigurement of the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive areas.

   B.   Property Owner Responsibility: It is a violation of this code for a property owner to allow graffiti to remain on the property after the expiration of the ten (10) day notice provided in subsection B1 of this section; however, property owners shall not be criminally liable for graffiti which is placed upon their property by another. In cases where it is determined by the city council to be in the best interest of the city to seek removal of any particular graffiti to discourage further graffiti or defacement within the city, and where the property owner and the city have been unable to resolve the matter through the voluntary removal program, the city council may direct staff to pursue abatement/eradication through a court action.

      1.   Prior to filing a court action, the city manager shall cause a notice to be sent by certified mail to all property owners of record to the last known address as shown at the Elko County assessor's office that a court action will be pursued in the event the property owner has not reached an agreement with the city for abatement/eradication of the graffiti within ten (10) days of the date of mailing of the notice.

      2.   The municipal court or any court of competent jurisdiction shall have authority over violations of property owner responsibilities under this code and, further, shall have authority to order abatement/eradication of the graffiti at the cost and expense of the property owner(s).

      3.   If a court orders a property owner to abate/eradicate graffiti and the property owner fails to comply with such order, the court may order that the city enter upon the property to complete the required abatement/eradication actions at the expense of the property owner. In the event the property owner fails to pay any expenses incurred by the city for abatement/eradication actions as ordered by the court, any court approved expenses at a hearing held for such purpose shall constitute a lien upon the property and may be perfected and enforced by giving notice thereof, recording a lien claim and following the process of enforcing the lien as required concerning mechanic's liens under state law.

   C.   Exceptions To Property Owner Responsibility For Costs: A property owner's removal expense responsibilities of subsection B of this section shall not apply to a property owner if the property owner can demonstrate that the property owner lacks the financial ability to remove the graffiti. To qualify for this exception, a property owner must demonstrate the lack of financial ability to the court.

   D.   Right Of Entry Of Private Or Public Property: Unless as set forth by a court order, prior to entering upon private property or property owned by a public entity other than the city for the purpose of graffiti removal, the city must secure the consent of the property owner or responsible party and release of the city from liability for property damage or personal injury.

   E.   Duty Of City: Nothing herein shall require the city to remove graffiti from private property or property owned by another public entity. The city manager shall have the discretion whether or not to bring the matter before the city council for direction to proceed to do so in any particular case. (Ord. 682, 6-24-2008)

   A.   Common Utility Colors And Paint Type: Any gas, electric, telephone, water, sewer, cable, telephone and other utility operating in the city shall paint its above surface metal fixtures with a uniform paint type and color that meets with the approval of the city manager.

   B.   Condition Encroachment Permits: All encroachment permits issued by the city shall, among other things, be conditioned on:

      1.   The permittee's application of an antigraffiti material to the encroaching object of a type and nature that is acceptable to the city manager or the city manager's designee;

      2.   The permittee's immediate removal of any graffiti;

      3.   The city's right to remove graffiti or to paint the encroaching object; or

      4.   The permittee providing the city with sufficient matching paint and/or antigraffiti material on demand for use in the painting of the encroaching object containing graffiti.

   C.   Condition Tentative Maps:

      1.   Conditions May Be Imposed: In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city may consider imposing the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative or parcel map, conditional use permit, variance or other similar land use entitlement;

      2.   Owner To Immediately Remove Graffiti: Developer shall, either as part of the general conditions, covenants and restrictions, or separate covenants recorded against individual lots, prior to resale of any of the parcels, covenant in a form satisfactory to the city that the owners of the lots shall immediately remove any graffiti placed thereon. (Ord. 645, 6-14-2005; amd. Ord. 682, 6-24-2008)

The city council hereby creates the city antigraffiti trust fund. Penalties assessed against violators of this chapter shall be placed in the fund, along with any monetary donations received from persons wishing to contribute to the fund. The city council shall direct the expenditures of monies in the fund. Such expenditures shall be limited to the payment of the cost of graffiti removal, the payment, at the discretion of the city manager, of rewards for information leading to the conviction of violation of this chapter, the costs of administering this chapter, and such other public purposes as may be approved by the city council by resolution. (Ord. 645, 6-14-2005; amd. Ord. 682, 6-24-2008)

Severability is intended throughout and within the provisions of this chapter. If any section, subsection, sentence, clause, phrase or portion of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this chapter. (Ord. 645, 6-14-2005; amd. Ord. 682, 6-24-2008)

The purpose of this chapter is to promote aesthetics, public health and public safety within the central business district (CBD) by placing restrictions on open glass bottles which contain, previously contained, or are designed or intended to contain alcoholic beverages. The CBD is as described in subsection 3-2-10B5 of this code. (Ord. 752, 5-22-2012)

Within the CBD it shall be unlawful for any person to hold, carry or transport any open glass bottle which contains, previously contained or is designed or intended to contain alcoholic beverages upon any public street, alley, sidewalk or parking place which is provided for the use of the public, or upon any property owned by the city of Elko, or in or upon any motor vehicle while moving or stationary in any of the foregoing places.

Possession upon one's person of any open glass bottle which contains, previously contained or is designed or intended to contain any alcoholic beverage in any such public places, including motor vehicles, shall be prima facie evidence of a violation thereof.

As used herein, the term "alcoholic beverage" shall mean and include any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters, beer, lager beer, ale, wine and every other liquid or solid containing alcohol capable of being consumed by a human being.

As used herein, the term "glass bottle" shall mean a glass container that has a neck smaller than the body of the container, is designed for a screw top, cork, snap cap or other type of closure and has a capacity of not more than five (5) gallons. (Ord. 752, 5-22-2012)

The provisions of this chapter shall not apply to locations which are subject to an outdoor dining permit, the transportation of unopened glass bottles which contain or which are designed or intended to contain alcoholic beverages, or the sale of empty open glass bottles which contain or which are designed or intended to contain alcoholic beverages as part of a sidewalk display which is subject to a sidewalk display permit. (Ord. 752, 5-22-2012)