This section has been affected by a recently passed ordinance, 543 - OFFENSES AGAINST THE PERSON. Go to new ordinance.

Chapter 1
MISDEMEANORSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826
5-1-1: ADOPTION OF STATE MISDEMEANORS:
5-1-2: MISDEMEANOR DEFINED; PENALTY:
5-1-3: NOISE CONTROL:
5-1-3-1: TITLE:
5-1-3-2: DEFINITIONS:
5-1-3-3: SCOPE:
5-1-3-4: DECLARATION OF POLICY:
5-1-3-5: ENFORCEMENT; POWERS, DUTIES, AND QUALIFICATIONS OF NOISE CONTROL OFFICERS AND ADMINISTRATOR:
5-1-3-6: SOUND MEASUREMENT PROCEDURES:
5-1-3-7: SOUND LEVEL LIMITATIONS:
5-1-3-8: SPECIFIC PROHIBITED ACTS:
5-1-3-9: EXEMPTIONS:
5-1-3-10: TEMPORARY VARIANCE PERMITS:
5-1-3-11: ENFORCEMENT PROCEDURES:
5-1-3-12: REQUEST FOR SLM READING FOR BUSINESS OPERATIONS:
5-1-3-13: INCONSISTENT PROVISIONS:
5-1-3-14: SEVERABILITY:
5-1-4: OFFENSES INVOLVING LIQUOR OR DRUGS:
5-1-4-1: PUBLIC INTOXICATION:
5-1-4-2: NARCOTIC DRUGS:
5-1-4-3: OPEN CONTAINERS UNLAWFUL IN MOTOR VEHICLES:
5-1-4-4: LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG RELATED ACTIVITY:
5-1-5: OBSCENE, INDECENT MATERIALS AND CONDUCT:
5-1-5-1: OBSCENE MATERIALS:
5-1-5-2: LIVE SEX ACTS:
5-1-5-3: INDECENT EXPOSURE:
5-1-5-4: OBSCENE CONDUCT, LANGUAGE:
5-1-5-5: PUBLIC URINATION AND DEFECATION:
5-1-6: HOUSE OF ILL FAME; PROSTITUTION:
5-1-7: VAGRANCY:
5-1-8: OFFENSES INVOLVING PEACE OFFICERS:
5-1-9: PUBLIC NOTICES; POSTING AND DESTRUCTION:
5-1-10: FIREARMS AND WEAPONS:
5-1-11: INJURING OR TAMPERING WITH VEHICLES:
5-1-12: FEE SCHEDULE FOR FALSE INTRUSION ALARMS RECEIVED BY POLICE DEPARTMENT:
5-1-13: GRAFFITI:
5-1-14: MISUSE OR ABUSE OF CITY PROPERTY OR EMERGENCY SERVICES:

5-1-1: ADOPTION OF STATE MISDEMEANORS:linklink


The commission of any act within the corporate limits of the City, or the failure to perform any act within such corporate limits, which is a misdemeanor by the laws of the State, is hereby declared to be and shall constitute a misdemeanor. (Ord. 193, 10-28-1997)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222949
5-1-2: MISDEMEANOR DEFINED; PENALTY:linklink

A violation of any criminal provision of this Code or any other ordinance which defines or prescribes what constitutes a crime or offense is termed a misdemeanor, and shall, unless otherwise provided, be punished as provided in section 1-4-1 of this Code. (Ord. 11, 8-16-1984; amd. Ord. 338, 3-28-2006)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222950
5-1-3: NOISE CONTROL:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222951
5-1-3-1: TITLE:linklink

This section 5-1-3 shall be known and may be referred to as the MESQUITE NOISE ORDINANCE. (Ord. 469, 2-12-2013, eff. 3-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222952
5-1-3-2: DEFINITIONS:linklink

The following words, terms and phrases, when used in this section 5-1-3, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A-WEIGHTING: The electronic filtering in sound level meters that models human hearing frequency sensitivity.

C-WEIGHTING: The electronic filtering in sound level meters that models a flat response (output equals input) over the range of maximum human hearing frequency sensitivity.

COMMERCIAL PROPERTY: Any premises, property, or facility involving traffic in goods or furnishing of services for sale or profit.

COMPRESSION RELEASE ENGINE BRAKING DEVICE (Commonly Referred To As JACOBS BRAKES): A device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.

CONSTRUCTION: Any site preparation, assembly, erection, repair, alteration or similar action, or demolition of buildings or structures.

dBA: An A-weighted unit of sound level.

dBC: A C-weighted unit of sound level.

DAYTIME HOURS: The hours between six o'clock (6:00) A.M. and ten o'clock (10:00) P.M. on Sunday through Saturday.

DECIBEL (dB): The unit of measurement for a sound pressure level and is equal to ten (10) times the common logarithm of the ratio of two (2) like quantities (see "sound pressure level").

EMERGENCY WORK: Any work or action necessary to deliver essential services including, but not limited to, repairing water, gas, electric, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights of way, or abating life threatening conditions.

INDUSTRIAL FACILITY OR PROPERTY: Any activity and its related premises, property, facilities, or equipment involving the fabrication, manufacture, or production of durable or nondurable goods. A property's zoning does not have to be industrial as defined under city zoning ordinances for a facility or property to be considered an industrial facility or property for purposes of this section 5-1-3.

LASeq: An A-weighted unit of sound level averaged over a set time.

LCSeq: A C-weighted unit of sound level averaged over a set time.

MAXIMUM SOUND LEVEL (Lmax): The maximum root mean square sound level measured or not to be exceeded by time varying sounds.

MOTOR VEHICLE: Any vehicle that is propelled or drawn on land by an engine or motor.

MUFFLER: A sound dissipative device or system for lessening the sound of the exhaust of an internal combustion engine.

MULTI-DWELLING UNIT BUILDING: Any building wherein there are two (2) or more dwelling units.

MUNICIPALITY: The city of Mesquite, Nevada.

NIGHTTIME HOURS: The hours between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. of the following day on Sunday through Saturday.

NOISE: Any sound of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the city or in any portions thereof, but excludes all aspects of the employer-employee relationship concerning health and safety hazard within the confines of a place of employment.

NOISE CONTROL ADMINISTRATOR (NCA): The individual designated by the chief of police as the official liaison with all municipal departments, who is charged with the administration of this section 5-1-3, maintaining records showing that noise control officers are properly trained and maintaining records of the SLMs, and who shall be empowered to grant permits for temporary variances. The NCA shall not be permitted to issue citations under this section 5-1-3.

NOISE CONTROL OFFICER (NCO): Any police officer or officially designated employee of the municipality who has received training required by this section 5-1-3 for the measurement of sound and is authorized to issue a citation for violations of this section 5-1-3 based on readings taken with an SLM.

NOISE DISTURBANCE: Any sound, that due to the sound exceeding the limits set forth in this section 5-1-3, endangers the health, safety or welfare of any person, and therefore is detrimental to the peaceful enjoyment of private property and the use and enjoyment of public spaces including public rights of way.

NOISE SOURCE: The point of origin of any noise.

PERSON: Any individual, corporation, company, association, society, firm, partnership, joint stock company, or the municipality.

PLAINLY AUDIBLE: Any sound produced by a noise source, which can be heard by any person at prescribed distances. Measurement standards shall be the auditory senses. Words or phrases need not be discernible and low frequency sound reverberations are included.

PUBLIC PROPERTY: Any real property or structures thereon that is owned, leased, or controlled by a governmental entity.

PUBLIC RIGHT OF WAY: Any street, avenue, boulevard, road, highway, sidewalk, or alley that is leased, owned, or controlled by a governmental entity.

PURE TONE: A sound dominated by energy in a single frequency.

REAL PROPERTY LINE: The imaginary line, including vertical extension, that separates one parcel of real property from another.

RESIDENTIAL PROPERTY: Property used for human habitation, including, but not limited to: a) private property used for human habitation; b) commercial living accommodations and commercial property used for human habitation including mixed use properties; and c) recreational and entertainment property used for human habitation.

SOUND AMPLIFICATION DEVICE: Any radio, tape player, compact disk player, loudspeaker or other electronic or digital device used for the amplification of the human voice, music or other sounds.

SOUND LEVEL (Per American Society For Testing And Materials [ASTM] C 634): A sound pressure level obtained using a signal to which standard weighting has been applied.

SOUND LEVEL METER (SLM): An instrument used to measure sound pressure levels. (Ord. 469, 2-12-2013, eff. 3-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222953
5-1-3-3: SCOPE:linklink

Except as otherwise provided in federal law, state law, or local ordinance, the provisions of this section 5-1-3 shall apply to the control of all noise originating within the geographical limits of the city of Mesquite, Nevada. (Ord. 469, 2-12-2013, eff. 3-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222954
5-1-3-4: DECLARATION OF POLICY:linklink

The provisions hereinafter contained are enacted for the purpose of preventing noise disturbances. Above certain levels, noise or noise disturbance is detrimental to the health and welfare of the citizenry and the individual's right to peaceful and quiet enjoyment. Therefore, it is hereby declared to be the policy of the city to prohibit noise disturbances from all sources, subject to its police power in order to secure and promote the public health, comfort, convenience, safety, welfare, and prosperity of the citizens of Mesquite. Nothing in this section 5-1-3 is intended to deter individuals from lawfully exercising the individual right to freedom of speech or any other freedom guaranteed under the constitutions of the United States Of America or of the state of Nevada. (Ord. 469, 2-12-2013, eff. 3-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222955
5-1-3-5: ENFORCEMENT; POWERS, DUTIES, AND QUALIFICATIONS OF NOISE CONTROL OFFICERS AND ADMINISTRATOR:linklink


A. Noise Control Administrator (NCA):

1. Qualifications: A person shall be qualified to be an NCA if the person has satisfactorily completed:

a. A training program prepared and supervised by the manufacturer of noise meters used in the enforcement of this section 5-1-3.

b. A peace officer standards and training course in instructional development.

2. Responsibilities: The noise control administrator (NCA) is authorized to:

a. Coordinate the noise control activities of all municipal departments and cooperate with all other public bodies and agencies to the extent practicable;

b. Review the actions of other municipal departments and advise such departments of the effect, if any, of such actions on noise control;

c. Delegate the duties of the NCO to any duly qualified individual according to the provisions of this section 5-1-3 upon a showing that such person received the training required by this section 5-1-3, provided, however, that no police officer shall be required any additional type of delegation from the NCA in order to enforce the provisions of subsection 5-1-3-7B of this chapter;

d. Grant permits for temporary variances according to the provisions of section 5-1-3-10 of this chapter;

e. Maintain the records of the training received by NCOs under which such NCOs have become eligible to receive their delegation of authority to enforce this section 5-1-3. The delegation of such authority to an NCO shall arise upon successful completion of the training required by this section 5-1-3 and shall not require a separate act by the NCA beyond the transmission to the NCA of the record of completion of the required training; and

f. Maintain the records of the specification, purchase, warranty and calibration requirements of SLM used by NCOs.


B. Enforcement:

1. All NCOs, including police officers trained as NCOs, are authorized to issue a citation for violations of this section 5-1-3.

2. Police officers shall not be required to have the specific training required by this section 5-1-3 in order to issue citations pursuant to subsection 5-1-3-7B of this chapter.


C. Noise Control Officer (NCO): A person shall be qualified to be an NCO if the person has satisfactorily completed any of the following:

1. Training given or approved by the manufacturer of noise meters used in the enforcement of this section 5-1-3; or

2. An instructional program in community noise analysis and migration from the NCA; or

3. Education or experience or a combination thereof certified by the NCA as equivalent to the provisions of any of the requirements of this subsection.


D. Noise Measurements: Noise measurements taken by an NCO shall be taken in accordance with the procedures specified in this section 5-1-3, but no procedures shall be required to enforce subsection 5-1-3-7B of this chapter, including its enforcement by police officers that are not NCOs.


E. Nonapplicability: The provisions of this section 5-1-3 shall not apply to any department or agency of the city or state of Nevada engaged in any emergency activities, city activities or as otherwise excluded under section 5-1-3-9 of this chapter. (Ord. 469, 2-12-2013, eff. 3-8-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222956
5-1-3-6: SOUND MEASUREMENT PROCEDURES:linklink


A. Insofar as practicable, sound will be measured while the source under investigation is operating at normal, routine conditions. All noise measurements shall be made as directed in this section 5-1-3. When a measurement is required at a property line, the measurement shall be made as close thereto as is reasonable. For the purposes of this section 5-1-3, noise measurements are measured on the A-weighting scale slow meter response speed and/or C-weighting scale slow meter response speed of a sound level meter (SLM) of standard design and quality having characteristics established by the American National Standards Institute (ANSI).


B. All tests shall be conducted in accordance with the following procedures:

1. The NCO shall, to the extent practicable, identify all sources contributing sound to the point of measurement, but shall not be required to document the absence of such sources or document that such sources would not have caused the test to be valid.

2. When a measurement is being taken to determine whether the noise source is in violation of the absolute caps set forth in subsection 5-1-3-7A of this chapter, the measurement shall be taken at the receiving property line of the affected person or as close thereto as is reasonable.

3. Measurements shall be taken at two hundred feet (200') from the noise source during daytime hours or at one hundred feet (100') from the noise source during nighttime hours when the affected person and noise source are both located on public property, public right of way or jointly shared private property where both the affected party and noise source are located.

4. The SLM must be calibrated using a calibrator recommended by the SLM manufacturer and in the manner recommended.

5. The SLM must be recertified and the calibrator must be recalibrated at least once each year by the manufacturer or by a person that has been approved by the NCA. A copy of written documentation of such recertification and recalibration, in a form approved by the NCA, shall be kept by the NCA with sufficient documentation to identify the equipment to which it refers.

6. Unless the manufacturers' specifications allow adjustments to be made to compensate for the following factors, no outdoor measurements shall be taken:

a. During periods when wind speeds (including gusts) exceed fifteen (15) miles per hour;

b. Without a windscreen, recommended by the SLM manufacturer, properly attached to the SLM;

c. Under any condition that allows the SLM to become wet; or

d. When the ambient temperature is out of the range of the tolerance of the SLM.

Provided, however, that it shall not be necessary to document the absence of the conditions set forth in this subsection for a reading to be valid.

If one of these conditions exist, measurement shall be taken pursuant to subsection 5-1-3-7B of this chapter.


C. The formal approved report for each measurement session shall include:

1. The starting and ending date, day of the week, and times at which measurements are taken;

2. The times of calibration;

3. The weather conditions, including notable wind speeds;

4. The identification of all monitoring equipment by manufacturer, model number, and serial number;

5. The normal operating cycle of the sources in question with a description of the sources, provided however, that where the sources in question do not have a normal operating cycle, such notation shall not be required;

6. The sound level in LASeq or LCSeq with the source(s) in question operating;

7. The total accumulative time duration of the monitoring session; and

8. A description of the measurement site, including measurement locations and relevant distance and other information sufficient for another investigator to repeat the measurements under similar conditions. Photographs which contain sufficient information for another investigator to repeat the measurements under similar conditions may be substituted at the discretion of the NCO.

9. Information required in the report to support the issuance of a citation shall be considered sufficient if the data captured by the SLM provides such information, and/or such information can be provided by the citation and/or testimony of the NCO taking such readings and/or such other reports generated by the NCO or any police officer.


D. Prior to taking noise measurements, the investigator shall reasonably explore the vicinity of the source in question to identify any other sound sources that could affect measurements, to establish the approximate location and character of the principal sound source, and to select suitable locations from which to measure the sound from the source in question. Unless the reasonable exploration of the site uncovers a condition that would affect the measurements, the NCO shall not be required to make a notation that this subsection has been satisfied.


E. The SLM shall be placed at a minimum height of three feet (3') above the ground or from any reflective surface. When handheld, the microphone shall be held at arm's length and pointed at the source as recommended by the SLM manufacturer.


F. If extraneous sound sources, such as aircraft flyovers or barking dogs, that are unrelated to the measurements increase the monitored sound levels, the measurements should be postponed until these extraneous sounds have become of such a level as not to increase the monitored sound levels of interest.


G. The monitoring session should last for a period of time sufficient to ensure that the sound levels measured are typical of the source in question, but in no event shall the duration of testing be less than five (5) minutes. (Ord. 469, 2-12-2013, eff. 3-8-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222957
5-1-3-7: SOUND LEVEL LIMITATIONS:linklink


A. It shall be unlawful and a violation of this section 5-1-3 to exceed the following sound level limitations:

1. No person shall cause, suffer, allow, or permit the operation of any noise source on a particular category of property or any public property or right of way in such a manner as to create a sound level that exceeds the levels in table 1 or 2 of this section.

TABLE 1

Maximum permissible sound levels A-weight averaged (LASeq) over a minimum of 5 minutes to minimize the possibility of interfering noise.

Receiving Property   Daytime Hours   Nighttime Hours  
Commercial property   75   65  
Industrial property   75   65  
Residential property   75   65  

TABLE 2

Maximum permissible sound levels C-weight averaged (LCSeq) over a minimum of 5 minutes to minimize the possibility of interfering noise.

Receiving Property   Daytime Hours   Nighttime Hours  
Commercial property   85   75  
Industrial property   85   75  
Residential property   85   75  

2. If the noise source, measured at a receiving property line, is a pure tone, then the sound level limitations set forth in tables 1 and 2 of this section shall be reduced by five (5) dBA.


B. At the discretion of a police officer and as an alternative to making a determination based upon subsection A of this section, the following standards shall be used for sounds emanating from any noise source:

1. During daytime hours, sound emanating from any noise source shall be limited in volume, tone and intensity so that the sound shall not be plainly audible to any person at a distance of two hundred (200) or more feet from the real property line of any private property on which the noise source is located, or from any noise source located on any public property or public right of way.

2. During nighttime hours, sound emanating from any noise source shall be limited in volume, tone and intensity so that the sound shall not be plainly audible to any person at a distance of one hundred (100) or more feet from the real property line of any private property on which the noise source is located, or from any noise source located on any public property or public right of way. (Ord. 469, 2-12-2013, eff. 3-8-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222958
5-1-3-8: SPECIFIC PROHIBITED ACTS:linklink

It is unlawful and a violation of this section 5-1-3 for any person to cause, suffer, allow, or permit any of the following acts:


A. Construction Work: Construction work shall be prohibited between the hours of nine o'clock (9:00) P.M. to five o'clock (5:00) A.M. from May 1 through September 30, and between the hours of nine o'clock (9:00) P.M. to six o'clock (6:00) A.M. from October 1 through April 30, except for emergency work or by permit for temporary variance pursuant to section 5-1-3-10 of this chapter;


B. Loud Sound Amplification Devices:

1. Upon or within any public property or public right of way, no person shall play, use or operate, or permit to be played, used, or operated, any sound amplification device, so that the sound is plainly audible to any person, at a distance proscribed by the provisions of subsection 5-1-3-7B of this chapter. The proscribed distance shall be measured from the noise source.

2. It is an affirmative defense to charge under this section 5-1-3 that the operator was not otherwise prohibited by law from operating the sound amplification device, and that any of the following apply:

a. The sound amplification device was being operated to request medical or emergency assistance or to warn of a hazardous road condition;

b. The sound amplification device was being operated to provide emergency information or to warn of an emergency condition;

c. The sound amplification device was authorized or permitted by the city to be used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons;

d. The loud sound amplification device was used in authorized or permitted public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the city.


C. Compression Release Engine Braking Prohibited:

1. Prohibited: Operating any motor vehicle with a compression release engine braking device engaged except for the aversion of imminent danger shall be prohibited.

2. Public Emergency Response Vehicles Exception: Any public emergency response vehicle equipped with a compression release engine braking device will be allowed to use such device during a response to an emergency situation. (Ord. 469, 2-12-2013, eff. 3-8-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222959
5-1-3-9: EXEMPTIONS:linklink


A. The provisions of this section 5-1-3 shall not apply to the generation of noise by public safety vehicles, emergency signaling devices, or authorized public safety personnel for the purpose of alerting persons to the existence of any emergency.


B. Noise from an exterior burglar alarm of any building shall be exempt from the provisions of this section 5-1-3, provided such burglar alarm shall terminate its operation within fifteen (15) minutes of its activation.


C. Noises from any automobile alarm shall be exempt from the provisions of this section 5-1-3, provided such burglar alarm shall terminate its operation within ten (10) minutes of its activation.


D. Noise from domestic power tools, lawn mowers, and equipment when operated between six o'clock (6:00) A.M. and nine o'clock (9:00) P.M. shall be exempt from the provisions of this section 5-1-3, provided they are equipped with all original equipment from the manufacturer meant to lessen the sounds produced, and all noises from tools and lawn mowers operated in association with the upkeep and maintenance of any public or private golf course shall be exempt from the provisions of this section 5-1-3, provided that all such tools and lawn mowers are equipped with mufflers or are operated in conjunction with a device or system for lessening the sounds produced;


E. Noise from church bells and chimes when a part of a religious observance or service shall be exempt from the provisions of this section 5-1-3 during daytime hours;


F. Noise from permitted construction, authorized public or private utility activity shall be exempt from the provisions of this section 5-1-3, provided all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in subsection 5-1-3-8A of this chapter.


G. The generation of noise in the performance of emergency work by the city or persons designated by the city of Mesquite for state of Nevada shall be exempt from the provisions of this section 5-1-3.


H. The generation of noise in situations within the jurisdiction of the federal occupational safety and health administration shall be exempt from the provisions of this section 5-1-3.


I. Noise generated from celebrations, outdoor festivals or events municipally sponsored or approved, whether by contract, permit or otherwise, shall be exempt from the provisions of this section 5-1-3.


J. Noises resulting from the operation of the Mesquite Municipal Airport shall be exempt from the provisions of this section 5-1-3.


K. Any noise resulting from activities of a temporary duration, for which a permit for temporary variance has been granted pursuant to this section 5-1-3, and which conforms to the conditions and limits stated thereon shall be exempt from the provisions of this section 5-1-3.


L. Noises resulting from any practice or performance sponsored by or associated with the educational process administered by a recognized institution of learning, including, but not limited to, band, choir, and orchestral performances shall be exempt from the provisions of this section 5-1-3.


M. Noises that result from or arise out of or stem from the occurrence of a professional sporting event, public school sporting event, an organized sports tournament, or organized sports league shall be exempt from the provisions of this section 5-1-3.


N. Noise resulting from animals shall be addressed under the provisions of subsection 10-3-16C of this code.


O. Noise resulting from disturbances where both the affected party and the alleged noise source are located in a structure with shared walls, shall be addressed under the provisions of Nevada Revised Statutes 203.010 (breach of peace) or other applicable statutes or ordinances. (Ord. 469, 2-12-2013, eff. 3-8-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222960
5-1-3-10: TEMPORARY VARIANCE PERMITS:linklink


A. Application: Any person who owns or operates any noise source may apply to the NCA for a temporary variance from one or more of the provisions of this section 5-1-3, unless such noise source is specifically exempted according to the provisions of section 5-1-3-9 of this chapter. Applications for a permit of temporary variance shall supply information including, but not limited to:

1. The nature and location of the noise source for which such application is made;

2. The reason for which the permit of temporary variance is requested, including the hardship that will result to the applicant, his/her client, or the public if the permit of temporary variance is not granted;

3. The level of noise that will occur during the period of the temporary variance;

4. The section or sections of this section 5-1-3 for which the permit of temporary variance shall apply;

5. A description of interim noise control measures to be taken for the applicant to minimize noise and the impacts occurring therefrom; and

6. A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this section 5-1-3 within a reasonable time.

Failure to supply the information required by the NCA shall be cause for rejection of the application. A copy of the permit of temporary variance must be kept on file by the municipal clerk for public inspection.


B. Application Fee: The NCA shall charge the applicant a fee of seventy five dollars ($75.00) to cover expenses resulting from the processing of the application for a permit of temporary variance.


C. Limit On Duration: The NCA shall limit the duration of the permit of temporary variance, which, in any event, shall be effective no longer than seven (7) days. Any person holding a permit of temporary variance and requesting an extension of time shall apply for a new permit of temporary variance according to the provisions of this section.


D. Adequate Proof: No temporary variance shall be approved unless the applicant presents adequate proof that:

1. Noise levels occurring during the period of the temporary variance will not constitute a danger to public health; and

2. Compliance with this section 5-1-3 would impose an unreasonable hardship on the applicant without equal or greater benefits to the public.


E. Factors For Determination: In making the determination of granting a temporary variance after having made a finding that adequate proof was provided by the applicant as required in this section 5-1-3, the NCA shall consider the following factors:

1. The character and degree of interference with the health and welfare or the reasonable use of property that is caused or threatened to be caused;

2. The level of interference to the peaceful enjoyment of adjoining property or the public right of way above that which is allowed under this section 5-1-3 if the temporary variance is denied; and

3. The ability of the applicant to apply the best practical noise control measures.


F. Notification Of Approval Or Denial: The NCA shall notify the applicant in writing of his or her determination on the application within fourteen (14) days after receipt of the application. This notification shall inform the applicant of whether a permit for temporary variance has been approved or denied; and, if approved, shall set forth the location, dates and times of temporary variance.


G. Appeal Of Administrative Decisions:

1. Review By City Manager: Where it is alleged that there is error in any decision or determination made by an administrative official pursuant to administrative authority granted pursuant to this section 5-1-3, an appeal of such determination shall first be made to the city manager by delivering a written document entitled "request for review of administrative decision" to the office of the city manager. Appeals to the city manager must be made within fifteen (15) days of the date of the administrative decision or determination.

The city manager shall conduct a recorded hearing within thirty (30) days after receipt of the "request for review of administrative decision" and shall consider the evidence submitted by the appealing party and the city. The hearing under this section shall be de novo and shall be informal. Such hearing shall evaluate the application in accordance with the criteria of this section 5-1-3. The city manager must base his/her decision on the preponderance of the evidence presented at the hearing and must render a decision within fifteen (15) days after the date of the hearing. The decision or determination shall affirm, reverse, or modify the administrative decision or determination.

2. Appeal To City Council: Any person aggrieved by the decision or determination of the city manager may appeal that decision or determination to the city council by delivering a written document entitled "notice of appeal" to the office of the city clerk within fifteen (15) days after receiving the decision of the city manager. The city council shall consider the record of the prior appeal to the city manager and may take additional testimony. The city council must render a decision or determination on the preponderance of the evidence and shall render a decision within sixty (60) days after receiving the appeal. The decision or determination shall affirm, reverse, or modify the decision or determination of the city manager.


H. Revocation: The permit of temporary variance may be revoked by the NCA if the terms of the permit of temporary variance are violated. (Ord. 469, 2-12-2013, eff. 3-8-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222961
5-1-3-11: ENFORCEMENT PROCEDURES:linklink


A. Citations: Violation of any provision of this section 5-1-3 shall be cause for a citation to be issued by a police officer or NCO according to procedures set forth in this code and the Nevada Revised Statutes. The NCA shall not be permitted to issue citations under this section 5-1-3.


B. Warning Notices: In lieu of issuing a citation, a police officer or NCO may issue a warning notice requiring abatement of any sound source alleged to be in violation of this section 5-1-3 within a reasonable time period and according to guidelines that the police officer or NCO may prescribe and document in writing. Failure to follow such guidelines shall not be a separate offense, but any police officer or NCO may consider the failure to follow such warning when making subsequent enforcement decisions.


C. Penalties: Any person convicted of a violation of any provision of this section 5-1-3 shall be subject to the following penalties:

1. A fine of not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000.00), or a period of confinement in the city jail not to exceed six (6) months, or both.

2. In addition to any other penalties provided in this section, the court may issue an order requiring abatement of any noise source found to be in violation of this section 5-1-3 within a reasonable time period, not to exceed thirty (30) days, and according to any guidelines that the court may prescribe.

a. Any person found to be in violation of any provision of this section 5-1-3 and ordered to abate any noise source shall demonstrate compliance with the abatement order as required by the court.

3. Each day during which any violation occurs shall constitute an additional, separate, and distinct offense.


D. Impairment Of Other Provisions Prohibited: No provision of this section 5-1-3 shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this section 5-1-3 or from other law. (Ord. 469, 2-12-2013, eff. 3-8-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222962
5-1-3-12: REQUEST FOR SLM READING FOR BUSINESS OPERATIONS:linklink


A. The city recognizes the need to balance the level of noise associated with the reasonable and legal operation of businesses with the level of noise in the community and to provide for a method to assist businesses with understanding the noise levels that generate complaints. In furtherance of this policy, any business that is the subject of a complaint that is subject to a citation under subsection 5-1-3-7B of this chapter may request an SLM measurement by an NCO upon their reasonable belief that the noise level of their business operation would not be in violation of subsection 5-1-3-7A of this chapter if an SLM reading was taken.


B. A request from a business for an SLM reading shall be deemed to be sufficient under this section 5-1-3 if it is made at the time that an NCO or police officer appears at the premises to investigate a noise complaint.

1. In the event that a police officer requests that an NCO take a reading, the business in question may continue operations until such reading is taken but it shall not remove the officer's discretion to issue a citation under subsection 5-1-3-7B of this chapter if the business alters or ceases that part of the operation producing the noise to avoid the confirmation of a violation through the SLM reading and recommences operations within the next twelve (12) hours.

2. A police officer who chooses not to issue a citation upon a good faith belief that the noise level of the business operation would not be in violation of this section 5-1-3 if an SLM reading is taken by an NCO is not required to seek such reading unless requested by the business to determine whether they are in compliance.

3. A business must possess a valid business license to conduct the type of business being carried on at the location where the complaint arises before the option to permit SLM reading shall be considered. If a business license cannot be produced or the business operation does not have a valid business license, a police officer may issue a citation pursuant to subsection 5-1-3-7B of this chapter in addition to a citation for any other violations of this code.


C. In the event that an SLM reading confirms a violation of this section 5-1-3, a citation may be issued under subsection 5-1-3-7A of this chapter.


D. No police officer shall be required to honor a request for an SLM reading if such request is made within thirty (30) days after a citation for a violation of subsection 5-1-3-7A of this chapter was issued unless the citation has been dismissed or the business represents that noise remediation efforts have been undertaken.


E. Where an SLM measurement is not reasonably available, no police officer or NCO shall be prevented from issuing a citation for a violation of subsection 5-1-3-7B of this chapter. However, if the failure to conduct such SLM measurement is offered in defense of the citation, proof of the reasonableness of the decision not to conduct such SLM measurement shall be in the discretion of the municipal court. It is the intention of this section to allow SLM readings to be made available to a business, pursuant to the provisions of this section 5-1-3, whenever reasonably possible. (Ord. 469, 2-12-2013, eff. 3-8-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222963
5-1-3-13: INCONSISTENT PROVISIONS:linklink

Insofar as the provisions of this code are inconsistent with any provision of any other title of this code, or any rule or regulation of any government agency of the city, then the provisions of this section 5-1-3 shall be controlling. (Ord. 469, 2-12-2013, eff. 3-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222964
5-1-3-14: SEVERABILITY:linklink

If any provision, clause, sentence or paragraph of this section 5-1-3, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this section 5-1-3 which can be given effect without the invalid provisions or application and, to this end, the provisions of this section 5-1-3 are hereby declared to be severable. (Ord. 469, 2-12-2013, eff. 3-8-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222965
5-1-4: OFFENSES INVOLVING LIQUOR OR DRUGS:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222966
5-1-4-1: PUBLIC INTOXICATION:linklink


A. Person Placed In Civil Protective Custody: Except as provided in subsection B of this section, a person who is found in any public place within the city under the influence of alcohol, in such a condition that he is unable to exercise care for his own health or safety, or the safety or the health of others, shall be placed under civil protective custody by a police officer, who shall then comply with the provisions of Nevada Revised Statutes section 458.270.


B. Exception: The provisions of this section do not apply to any driver apprehended or arrested for the offense of operating a vehicle under the influence of intoxicating liquor or controlled substances, pursuant to section 6-1-6 of this code. (Ord. 11, 8-16-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222967
5-1-4-2: NARCOTIC DRUGS:linklink


A. Possession Restricted: It is unlawful for any person to sell, keep or give away, or offer to sell, keep or give away, or to have in his possession in the city any cannabis indica, cocaine, opium, yen shee, morphine, codeine, heroin, anhalonius, or any of the salts, derivatives or compounds of the foregoing substances containing more than fifty percent (50%) by volume of any of the foregoing substances, except upon a written and signed order or prescription of a physician, surgeon, dentist or veterinary surgeon licensed to practice in the state, which order or prescription shall be dated and contain the name of the person or kind of animal for whom the prescription is written.


B. Exceptions: The provisions of subsection A of this section do not apply to sales:

1. At wholesale by jobbers, wholesalers and manufacturers, to pharmacies licensed and doing business within the state, or to licensed physicians or surgeons.

2. At retail by pharmacies to physicians, surgeons, dentists and veterinary surgeons licensed to practice in the state.

3. By pharmacists to persons having prescriptions calling for the same signed by any person authorized under the laws of the state to write such prescription.


C. Smoking Opium: It is unlawful for any person to smoke any opium within the city or to have in his possession any opium pipe for the purpose of smoking opium within the city. (Ord. 11, 8-16-1984; amd. 1991 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222968
5-1-4-3: OPEN CONTAINERS UNLAWFUL IN MOTOR VEHICLES:linklink


A. Definitions:

ALCOHOLIC BEVERAGE: Beer, wine, spirits and alcohol, and every liquid containing one-half of one percent (0.5%) or more of alcohol by volume which is used for beverage purposes.

HIGHWAY: The entire width between the boundary lines of every way dedicated to a public authority when any part of the way is open to the use of the public for purposes of vehicular traffic, whether or not the public authority is maintaining the way.


B. Prohibitions:

1. It is unlawful for a person to have in his or her possession, or on his or her person, while in a motor vehicle upon a highway, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.

2. It is unlawful for the registered owner of any motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the motor vehicle is upon any highway, any bottle, can or other receptacle containing any alcoholic beverage which has been partially removed, unless the container is kept in the truck of the vehicle or kept in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers.


C. Exceptions: Subsection B of this section does not apply to a motor vehicle operated by a common carrier, taxicab, limousine, bus or other motor vehicle used to carry passengers for furtherance of commercial enterprise, or the living quarters of a motorhome, housecar or camper. (Ord. 58, 8-14-1990)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222969
5-1-4-4: LOITERING FOR THE PURPOSE OF ENGAGING IN DRUG RELATED ACTIVITY:linklink


A. Definitions: For the purposes of this section:

DRUG RELATED ACTIVITY: Any conduct involving the sale, offer for sale, purchase, offer to purchase, transfer, offer to transfer, gifting, possession, ingestion or other use of any controlled substance, drug or immediate precursor enumerated in Nevada Revised Statutes chapter 453, or of any device, implement or tool which is primarily adapted or designed for the transportation, processing or use of any such controlled substance.

PUBLIC PLACE: Any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entranceways to any building that fronts on any of the aforesaid places, or a motor vehicle in or on any such place.


B. Misdemeanor: Any person who remains or wanders about in a public place, or on private property not owned by or in the lawful control of such person, and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passersby in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons, or congregates with others, for the purpose of engaging in drug related activity is guilty of a misdemeanor. (Ord. 496, 10-13-2015, eff. 11-21-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222970
5-1-5: OBSCENE, INDECENT MATERIALS AND CONDUCT:linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222971
5-1-5-1: OBSCENE MATERIALS:linklink


A. Definitions: As used in this section, the words set out in this subsection mean as follows:

KNOWINGLY: Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of the character and content of any material described in this section.

MATERIAL: Any book, magazine, leaflet, pamphlet, newspaper or other printed or written material, or any picture, drawing, photograph, film, negative, motion picture or material or other pictorial representation, or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction, or any other articles, equipment, machines or materials.

OBSCENE: Any material which:

1. The average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest in sex.

2. The work depicts or described patently offensive representations or descriptions of ultimate sex acts, normal or perverted, actual or simulated, or patently offensive representations or descriptions of masturbation, excretory functions or lewd exhibition of the genitals or genital area.

3. The work taken as a whole lacks serious literary, artistic, political or scientific value.

PROMOTE: To produce, direct, perform in, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit or advertise or offer to agree to do any of these things.


B. Promotion Of Obscene Material:

1. It shall be unlawful for any person within the city to promote any obscene material.

2. Upon notification that any person has violated this subsection or any federal law or statute of the state which relates to the exhibition, sale, distribution or transportation of obscene materials, the city council may suspend the license of such person to operate the business in connection with which such conviction was obtained for a period of not less than five (5) days nor more than sixty (60) days or may institute other appropriate disciplinary action against such person as is deemed appropriate.


C. Exhibition Of Motion Pictures, Slides Or Exhibits:

1. It shall be unlawful for any person who operates a business in the city, and for any employee, including, but not limited to, a ticket seller, ticket taker, usher, motion picture machine operator, or any other person, or any independent contractor or agent, connected with or employed by such person, to exhibit or show, or to aid or assist in the exhibition of, any obscene motion picture, slide or exhibit in the city.

2. Any person who violates any of the provisions of this section or fails to comply with the provisions hereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than the maximum fine allowed by law for the commission of a misdemeanor, or by imprisonment in the city jail for not more than six (6) months, or any combination of such fine and imprisonment. Every day of such violation shall constitute a separate offense.

3. Upon notification that any person has violated this section or any federal law or statute of the state which relates to the exhibition, sale, distribution or transportation of obscene materials, the city council may suspend the license of such person to operate a movie theater within the city for a period of not less than five (5) days nor more than sixty (60) days or may institute other appropriate disciplinary action against such person as is deemed appropriate.


D. Placing In Public View: Every person who shall place, mark, post, draw or cause to be placed, posted, marked or drawn upon any fence, billboard, building, door, wall, pavement or other surface exposed to public view, any obscene, indecent, offensive or profane word, writing, picture, representation or drawing is guilty of a misdemeanor.


E. Nuisance Designated: Any person who knowingly prints, copies, manufactures, prepares, produces, reproduces, publishes, sells, rents, leases, loans or in any other manner distributes, for a monetary consideration, or exhibits or has in his possession with intent to sell, rent, lease, loan or in any other manner distribute, for a monetary consideration, any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photograph, figure image, or any written or printed matter of an obscene character, or which is or contains an article or instrument of obscene use or purpose, or purports to be for an obscene use or purpose, or in any other respect defined in subsection A of this section, shall be guilty of maintaining a nuisance.


F. Action Upon Nuisance Finding: Upon a specific finding by the city council that any person is conducting his business in violation of this section, the council shall refer the matter to the city attorney who shall, without further directions from the council, take whatever action against such person as he shall see fit, including, but not limited to, the filing of appropriate proceedings for the abatement of such nuisances in any court of competent jurisdiction.


G. Destruction By Court Order: Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter or advertisement, in respect whereof the accused stands convicted, and which remains in the possession or under the control of the city attorney, or any law enforcement agency, to be destroyed, and the court may cause to be destroyed any such material in its possession or under its control.


H. Penalty: Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than the maximum fine allowed by law for the commission of a misdemeanor, or by imprisonment in the city jail for not to exceed six (6) months, or any combination of such fine and imprisonment. Every day of such violation shall constitute a separate offense. (Ord. 48, 1-26-1989)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222972
5-1-5-2: LIVE SEX ACTS:linklink

It shall be unlawful to engage in any live sex act, including, but not limited to, sexual intercourse, oral copulation or sodomy, or any said sex act by implication or simulation before an audience, whether it be between a male and female, male and male, female and female, human being and an animal, or through the means of using an artificial device to simulate any sexual act of any kind whatsoever. (Ord. 48, 1-26-1989)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222973
5-1-5-3: INDECENT EXPOSURE:linklink

Any person who in the presence of another person makes any indecent or obscene exposure of his person or the person of another is guilty of a misdemeanor. (Ord. 11, 8-16-1984)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222974
5-1-5-4: OBSCENE CONDUCT, LANGUAGE:linklink


A. Obscene Conduct: Any person who disturbs the peace and quiet of any person, family or lawful assemblage of persons within the city by loud, indecent, profane, abusive or obscene conduct is guilty of a misdemeanor.


B. Obscene Language In Public Places: It is unlawful for any person to use any profane or obscene language upon any street or alley or in any public place, in the hearing of any person within the corporate limits of the City. (Ord. 11, 8-16-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222975
5-1-5-5: PUBLIC URINATION AND DEFECATION:linklink

Any person who shall defecate or urinate in any public place shall be guilty of a misdemeanor.


A. For purposes of this section, a "public place" means any street, alley, sidewalk, thoroughfare, school, Municipal premises, vacant lot, parks, or private property that is plainly visible from any such public place, except by proper use of a toilet or other suitable facility provided for this purpose.


B. In addition to other penalties for this offense, the court shall at the discretion of the Municipal Court Judge order the person to pay an administrative fee of one hundred dollars ($100.00) to the City of Mesquite for any clean-up costs incurred by the City. (Ord. 527, 9-26-2017, eff. 10-18-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222976
5-1-6: HOUSE OF ILL FAME; PROSTITUTION:linklink


A. Keeping House Of Ill Fame:

1. It is unlawful for any owner, or agent of any owner, or any other person to keep any house of ill fame, or to let or rent to any person whomsoever, for any length of time whatsoever, to be kept or used as a house of ill fame or resort for the purposes of prostitution, any house, room or structure.

2. Any person violating the provisions of subsection A1 of this section is guilty of a misdemeanor and shall, upon conviction thereof, be punished as provided in section 1-4-1 of this Code.


B. Prostitution And Pandering: Every person who does any of the following acts is guilty of a misdemeanor and, upon conviction thereof, is punishable as provided in section 1-4-1 of this Code:

1. Aids, offers or agrees to commit or commits any lewd or indecent act or any act of prostitution; or

2. Offers to secure to secures another for the purpose of committing any act of prostitution, fornication, assignation or for any other lewd or indecent act with any other person; or

3. Is in or near any thoroughfare or public place for the purpose of inducing, enticing or procuring another to commit an act of lewdness fornication or unlawful sexual intercourse; or

4. Knowingly transports any person to any place where he may commit, or for the purpose of committing any lewd or indecent act or any act of prostitution; or

5. Knowingly receives, offers or agrees to receive any person into any place or building for the purpose of assignation or of performing any act of lewdness or fornication, or knowingly permits any person to remain there for any such purposes; or

6. Directs any person to any place for the purpose of committing any lewd or indecent act, or any act of prostitution or fornication; or

7. In any way aids or abets or participates in the doing of any of the acts prohibited by this subsection B. (Ord. 11, 8-16-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222977
5-1-7: VAGRANCY:linklink

Every person is a vagrant and guilty of a misdemeanor who:


A. Solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.


B. Solicits any act of prostitution.


C. Is a pimp, panderer or procurer or lives in or about houses of prostitution.


D. Accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.


E. Goes from house to house begging food, money or other articles, or seeks admission to such houses upon frivolous pretexts for no other apparent motive than to see who may be therein, or gain an insight of the premises. (Ord. 11, 8-16-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222978
5-1-8: OFFENSES INVOLVING PEACE OFFICERS:linklink


A. Refusing To Aid Peace Officer In Arrest: Any person refusing, when called upon by any peace officer within the City, to aid in arresting any offender is guilty of a misdemeanor.


B. Resisting, Obstructing Police Officers, Other City Officers: It is unlawful for any person to:

1. Hinder, obstruct, resist, molest or threaten to molest any City officer or member of the Police Department in the discharge of his official duties.

2. Attempt to prevent any member of the Police Department from arresting any person or to attempt to rescue from such member of the Police Department, or from any called to his aid, any person in his custody. (Ord. 11, 8-16-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222979
5-1-9: PUBLIC NOTICES; POSTING AND DESTRUCTION:linklink


A. Posting Of Notices Or Other Devices: Any person who, within the city, prints, paints, writes, marks, or in any other manner posts up any notice, card, advertisement or other device upon any wall, fence, tree, post, building, bridge, land or premises, or causes the same to be done, without permission of the owner, agent or tenant thereof, or the mayor if the same is public property, is guilty of a misdemeanor.


B. Destruction Of Public And Other Notices: Any person who, without authority, tears down or defaces any ordinance, bill, notice, advertisement or other public paper of a business or legitimate character lawfully posted within the city at any time before the object of such notice has been accomplished is guilty of a misdemeanor. (Ord. 11, 8-16-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222980
5-1-10: FIREARMS AND WEAPONS:linklink


A. Concealed And Dangerous Weapons:

1. Carrying Concealed Weapons Restricted: It is unlawful for any person within the city to wear, carry or have concealed upon his person any dirk, dirk knife, pistol, sword in case, slingshot, brass knuckles or other dangerous weapon without proper authorization of the county and state as required by the current Nevada Revised Statutes.

2. Proof Of Permit: It is unlawful for any person to carry a concealed weapon without also carrying proper proof of current required permits upon his person.

3. Exceptions: The provisions of subsections A1 and A2 of this section do not apply to peace officers in the regular discharge of their duties, or to persons acting or engaged in the business of common carriers.

4. Penalty: Any person who violates any provision of subsections A1 and A2 of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-4-1 of this code. (Ord. 398, 3-25-2008, eff. 4-17-2008)


B. Discharging Firearms:

1. Discharge Prohibited: Except as provided in subsection B2 of this section, any person discharging any gun or pistol within the city is guilty of a misdemeanor.

2. Exceptions: The provisions of subsection B1 of this section do not apply to:

a. Necessary self-defense or the defense of one's family or property.

b. A civil officer in the discharge of his duty.

c. A licensed shooting gallery or a lawful breastwork for target shooting. A lawful breastwork must be a wall sixteen inches (16") thick, six feet (6') high in the back, six feet (6') wide, with side wings one foot (1') thick, six feet (6') high in the back, six feet (6') flaringly to the front, and six feet (6') high of adobes, brick or other equivalent material.

d. Legal hunting of animals. (Ord. 11, 8-16-1984)


C. Unlawful Use Of Electronic Stun Device:

1. It is unlawful, within the city limits, for any person, other than a law enforcement officer, to use an electronic stun device (device which is designed to deliver an electric shock to the body or person of another) for any purpose other than self-defense.

2. It is further unlawful for any person to possess such electronic stun device, who:

a. Has been convicted of a felony in the United States or the state, or in any state or territory of the United States of any public subdivision thereof.

b. Is a fugitive from justice.

c. Is an unlawful user or seller of narcotics.

d. Is a minor. (Ord. 32, 4-24-1986)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222981
5-1-11: INJURING OR TAMPERING WITH VEHICLES:linklink


A. No person shall, either individually or in association with one or more other persons, wilfully injure or tamper with any vehicle or the contents thereof, or break or remove any part or parts of or from a vehicle without the consent of the owner.


B. No person shall, with intent to commit any malicious mischief, injury or other crime, climb into or upon a vehicle, whether it is in motion or at rest, nor shall any person attempt to manipulate any of the levers, starting mechanism, brakes or other mechanism unattended, nor shall any person set in motion any vehicle while it is at rest and unattended. (Ord. 11, 8-16-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222982
5-1-12: FEE SCHEDULE FOR FALSE INTRUSION ALARMS RECEIVED BY POLICE DEPARTMENT:linklink

The following schedule of fees is hereby fixed for the described items:


A. Twenty five dollars ($25.00) per false intrusion alarm received by the police department that is indicated by malfunction or employee error, which is in excess of six (6) such alarms in a twelve (12) month period by each user of this service. This fee will apply to all users which would include those systems which terminate in the police department and those relayed through a central station or answering service.


B. The fee mentioned in subsection A of this section does not apply to any newly installed system until a grace period of forty five (45) days from the installation of said system has passed. (Ord. 91, 12-22-1992)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222983
5-1-13: GRAFFITI:linklink


A. Purpose And Intent: The council is enacting this section to help prevent the spread of graffiti vandalism and to establish a program for the reduction of graffiti and the removal of graffiti from public and private property, as authorized under Nevada Revised Statutes 268.4075 through 268.4085. (Ord. 395, 1-22-2008, eff. 2-14-2008)


B. Definitions: As used in this section, unless the context otherwise requires, the words and terms defined in this subsection have the meanings ascribed to them as follows:

BROAD TIPPED INDELIBLE MARKER OR MARKER: Any felt tipped marker or similar implement which contains a fluid which is not soluble in water, with a tip which, at its broadest width, is greater than one-fourth inch (1/4").

GRAFFITI: Any unauthorized inscription, insignia, symbol, word, figure, character or design that is written, etched, sketched, marked, drawn, sprayed or painted on a building, fence, wall, rock, bridge, gate, tree, landscaping, other structure, or any other public or private property.

GRAFFITI IMPLEMENTS: Any broad tipped indelible marker, aerosol paint container, gum label, paint stick, etching equipment, brush, adhesive label, engraving device or any other device capable of leaving a visible mark on a natural or manmade surface.

GUM LABEL: Any material such as, but not limited to, decals, stickers, posters or labels which contain a substance commonly known as adhesive or glue, which cannot be removed from the surface in an intact condition and with minimal efforts.

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

PAINT STICK: A device containing a solid form of paint, chalk, wax, epoxy or other similar nonwater soluble substance, which is capable of being applied to a surface by pressure, and upon application, can leave a mark of at least one-fourth inch (1/4") in width.

RESPONSIBLE ADULT: A parent or legal guardian or person having custody and control of a minor.


C. Unlawful To Place Graffiti On Public Or Private Property: It is unlawful for any person to apply graffiti to any wall, sign, rock, street, sidewalk, tree, bridge, building, fence, gate, other structure, other real or personal property, either publicly or privately owned, without the permission of the owner or operator of such property.


D. Unlawful For Minor To Possess Graffiti Implements; Exception: It is unlawful for any minor to possess graffiti implements, unless:

1. A responsible adult has first consented; or

2. Possession is necessary for school related purposes on property used by a school, school district, community college or university.


E. Unlawful For Adults Or Minor To Possess Graffiti Implements With Intent To Place Graffiti On Public Or Private Property: It is unlawful for any adult or minor to possess graffiti implements with the intent to place graffiti on public or private property while in, upon or in close proximity to such property, unless authorized by the owner or operator of such property.


F. Rebuttable Presumption Of No Responsible Adult Permission: There shall be a rebuttable presumption that a person under the age of eighteen (18) years old who is in possession of an aerosol container of spray paint, broad tipped indelible marker or paint stick does not have the permission of any responsible adult.


G. Unlawful To Sell Or Otherwise Furnish Graffiti Materials To Minor; Exception: It is unlawful for any person, other than the minor's responsible adult or school teacher to sell, exchange, give, loan or otherwise furnish, or cause or permit to be exchanged, given, loaned or otherwise furnished, any graffiti implement without the consent of the minor's responsible adult.


H. Retail Display And Storage Of Graffiti Implements:

1. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers, paint sticks, or broad tipped indelible 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 indelible markers in an area as provided in subsection H1 of this section, the establishment shall store the containers, sticks, and markers in an area not accessible to the public without employee assistance.


I. Criminal Penalties; Administrative Assessment; Parental Liability For Fine, Administrative Assessment And Restitution:

1. A person who violates a provision of this section is guilty of a misdemeanor and shall be punished as provided in section 1-4-1 of this code.

2. If a defendant pleads or is found guilty of violating subsection C of this section (unlawfully applying graffiti), the court shall include an administrative assessment of two hundred fifty dollars ($250.00) for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the finance department on or before the fifth day of each month for credit to the graffiti reward and abatement fund.

3. In case of a minor violating subsection C of this section (unlawfully applying graffiti), or subsection E of this section (unlawful possession of graffiti implements), each responsible adult shall be jointly and severally liable with the minor for payment of all fines and administrative assessments.

4. In accordance with Nevada Revised Statutes section 206.330, the court may also suspend the driver's license of an adult violating subsection C or E of this section.

5. In addition to any punishment specified in this subsection, the court shall order any violator of subsection C of this section 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, each responsible adult is jointly and severally liable with the minor to make the restitution.

6. In lieu of, or as part of, the penalties specified in this subsection, a minor or responsible adult may be required to perform community service as determined by the court consistent with Nevada Revised Statutes section 206.330.


J. Civil Liability; Liability Of Responsible Adult:

1. Any person who violates subsection C of this section by unlawfully applying graffiti is liable civilly to the property owner or other person whose property is damaged thereby.

2. Any act of a minor which results in the unlawful placement of graffiti is hereby imputed to that minor's responsible adult for purposes of civil liability, including, but not limited to, civil damages, costs and attorney fees incurred in connection with the civil prosecution of any such claim. The responsible adult shall be jointly and severally liable with the minor for all civil damages, costs and attorney fees. Such obligations shall be enforceable as a civil debt.

3. If restitution is being paid to the victim of graffiti pursuant to an order of a court, no civil action may be commenced pursuant to this subsection. If restitution ceases to be paid in compliance with the order, a civil action may be commenced and prosecuted.

4. Any civil damages awardable pursuant to this subsection shall be reduced by the amount of any restitution paid to the victim.

5. This subsection in no way limits or narrows the liability of a responsible adult for acts of a minor pursuant to any other provision of law.


K. City As Victim Of Graffiti: If graffiti is applied to any city property, or property facing or bordering any city street, road or alleyway, and such graffiti is removed, covered or cleaned at city expense, the city is deemed to be the victim of graffiti and suffers damage for the purpose of a civil action brought under this section.


L. Reward For Information Leading To Arrest Of Perpetrator:

1. If sufficient money is available in the graffiti reward and abatement fund, the police department may offer a reward not to exceed one thousand dollars ($1,000.00) to any person who provides information which leads to the arrest and conviction of any person who unlawfully applies graffiti to any public or private property.

2. Application for a reward pursuant to this subsection must be made to the chief of police. At the direction of the city council, the reward shall be paid by the finance department to a qualifying person from the graffiti reward and abatement fund. (Ord. 333, 1-10-2006; amd. Ord. 395, 1-22-2008, eff. 2-14-2008)


M. Declaration Of Nuisance:

1. Graffiti A Nuisance: The city council hereby declares and finds graffiti to be a nuisance subject to abatement according to the procedures herein contained.

2. Graffiti Attracting Surface A Nuisance: The existence of any surface of a structure on any privately owned parcel of land which has been defaced with graffiti after removal more than five (5) times in twelve (12) months is hereby deemed to be a nuisance, and may be abated by city requiring modifications thereto. Such modifications may include, but are not limited to: retrofitting of such surfaces at the expense of the property owner(s) of said lot, not to exceed a total cost of five hundred dollars ($500.00), or at the cost of the city at the city's option, with such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient, expedient or efficient removal of graffiti therefrom.


N. Removal Provisions:

1. Removal Of Graffiti By Perpetrator: 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. Any person applying graffiti shall be responsible for the removal or for the payment of such removal. Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this section. 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.

2. Removal Of Graffiti By Property Owner Or City: If graffiti is not removed by the perpetrator according to this subsection, graffiti shall be removed pursuant to the following provisions:

a. Property Owner Responsibility: It is unlawful for any person who is the owner or has primary responsibility for control of property or for repair or maintenance of property in the city to permit property that is defaced with graffiti to remain defaced for a period of seventy two (72) hours after service by first class mail of notice of the defacement. That notice shall contain the following information:

(1) The street address and legal description of the property sufficient for identification of the property;

(2) A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding;

(3) A statement that the graffiti must be removed within seventy two (72) hours after the date of the notice and that if the graffiti is not abated within that time, the city will declare the property to be a public nuisance; and

(4) An information sheet identifying any graffiti removal assistance programs and funds available through the city and private graffiti removal contractors.

b. Right Of City To Remove:

(1) Use Of Public Funds: Whenever the City becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or private place open to the public, the City shall be authorized to use graffiti or other public funds for the removal of the graffiti, or for the painting or repairing of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located, unless the City Manager or designee determines, in writing, that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repairing the more extensive area.

(2) Right Of Entry On Private Property: 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 shall attempt to secure the consent of the property owner or responsible party and a release of the City from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this subsection, or if the City has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this subsection, the City shall issue a citation for violation of this subsection.

3. Enforcement:

a. The Police Department shall investigate and pursue potential graffiti vandals as a crime against property.

b. The Code Enforcement Officer shall pursue the abatement of graffiti from private property as provided within this subsection.

4. Recovery Of Unpaid Costs Of Abatement: Any unpaid sum of money against the property or owner accrued in abating or removing "nuisances", as provided in this subsection, is a claim against the property and may be recovered in an action in any court of competent jurisdiction. The amount recovered shall be disbursed to pay the expenses of abating or removing the nuisance and court costs. (Ord. 395, 1-22-2008, eff. 2-14-2008)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222984
5-1-14: MISUSE OR ABUSE OF CITY PROPERTY OR EMERGENCY SERVICES:linklink


A. Any person who shall misuse or abuse any emergency service, emergency communication service, or emergency resources provided by the City shall be guilty of a misdemeanor.


B. For purposes of subsection A of this section, "misuse or abuse" shall be afforded the ordinary and proper meaning generally attributed to those words and shall include, but shall not be limited to, repeatedly calling or communicating with the Police Department, the Fire Department, Emergency Dispatch, Animal Control or other such similar service, with no intent of reporting a bona fide on-going emergency, a safety hazard, or other similar dangerous situation. (Ord. 513, 3-14-2017, eff. 4-5-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19826#s1222985