2005 Nevada Revised Statutes - Chapter 244 — Counties: Government

CHAPTER 244 - COUNTIES: GOVERNMENT

GENERAL PROVISIONS

NRS 244.010 Minimumnumber of county commissioners.

NRS 244.011 Changein number of county commissioners in county whose population is less than100,000.

NRS 244.014 Numberand terms of county commissioners in county whose population is 100,000 or morebut less than 400,000; commissioners districts.

NRS 244.016 Numberof county commissioners in county whose population is 400,000 or more;commissioners districts.

NRS 244.018 Establishmentof additional or changed commissioners districts: Manner of electing countycommissioners.

NRS 244.020 Qualificationsof county commissioners.

NRS 244.025 Electionof county commissioners in county whose population is less than 100,000.

NRS 244.027 Electionof county commissioners in county whose population is less than 100,000 notdivided into commissioners districts.

NRS 244.030 Termof office of county commissioners.

NRS 244.035 Countycommissioners required to take oath of office; effect of failure to take oath.

NRS 244.040 Vacancyin office of county commissioner.

NRS 244.050 Commissionersdistricts in counties whose population is less than 100,000: Creation;election; notice; abolishment; election at large of commissioners.

NRS 244.055 Sealof county commissioners.

NRS 244.060 Boardof county commissioners: Quorum; tie vote.

NRS 244.065 Commissionersmay administer oaths.

NRS 244.070 Electionand terms of chairman and vice chairman of board of county commissioners; clerkof board.

NRS 244.075 Recordsof board: Duties of clerk; public inspection.

NRS 244.085 Regularand additional meetings of board; meetings held outside county seat; meetingswith other governing bodies; attendance at conventions, conferences, seminarsor hearings.

NRS 244.090 Specialmeetings of board: Call; notice; filling temporary appointments; canvass ofelection returns.

ORDINANCES

NRS 244.095 Enactmentby bill; summary and title.

NRS 244.100 Proceduresfor enactment; signatures; publication and effective date; publication ofrevised ordinance; hearing.

NRS 244.105 Procedurefor enactment of specialized or uniform code.

NRS 244.110 Styleof ordinances.

NRS 244.115 Recordingof ordinances; copy as prima facie evidence.

COUNTY CODE

NRS 244.116 Revisionand codification of general ordinances authorized; arrangement, publication andsale of code.

NRS 244.117 Adoptionby ordinance; procedure; effective date.

NRS 244.118 Filingwith Librarian of Supreme Court Law Library.

NRS 244.119 Amendmentand extension; procedure.

NEVADA ASSOCIATION OF COUNTY COMMISSIONERS

NRS 244.120 Membershipauthorized; budget; expenses.

COUNTY MANAGERS

NRS 244.125 Appointment;compensation; removal.

NRS 244.130 Qualifications.

NRS 244.135 Duties;employees and assistants.

GENERAL POWERS

NRS 244.150 Levyof taxes.

NRS 244.1505 Expenditureof public money; grant of public money and donation of certain property tocertain nonprofit organizations or governmental entities.

NRS 244.151 Departmentof public works: Creation; director and employees.

NRS 244.152 Publicworks: Countys powers subordinate to powers of Nevada Tahoe Regional PlanningAgency. [Effective upon proclamation by Governor of withdrawal of Californiafrom Tahoe Regional Planning Compact or of his finding that the Tahoe RegionalPlanning Agency has become unable to perform its duties or exercise itspowers.]

NRS 244.153 Publicworks: Countys powers subordinate to powers of regional planning agency.

NRS 244.154 Planning,subdivision regulation and zoning: Countys powers subordinate to limits upondevelopment established by Red Rock Canyon Conservation Area and Adjacent LandsAct.

NRS 244.155 Roadsand bridges.

NRS 244.157 Improvements:Countys powers same as those of general improvement district.

NRS 244.160 Careof indigent sick persons.

NRS 244.1605 Provisionof medical facilities and services in outlying areas.

NRS 244.1607 Establishmentof neighborhood justice center; services to be provided; authorization tocharge fee; financial support; report of activities for distribution toLegislature.

NRS 244.161 Promotionof civil and equal rights.

NRS 244.1615 Institutionof program or sponsorship of activity to increase participation in publicpolicy and government.

NRS 244.162 Rehabilitationof delinquent children.

NRS 244.163 Countycoroner: Creation of office by ordinance; appointment, qualifications andduties; punishment for offenses.

NRS 244.164 Registrarof voters: Creation of office; appointment, qualifications, powers and duties.

NRS 244.165 Prosecutionand defense of suits.

NRS 244.167 Employmentof security officers.

NRS 244.170 Rewardsfor apprehension or conviction of defaulting or absconding county or townshipofficers.

NRS 244.175 Rewardsfor apprehension of murderers.

NRS 244.180 Indexingof records and proceedings.

NRS 244.183 Specialcensus.

NRS 244.186 Saleof video programming services over community antenna television system:Prohibitions; enforcement; remedy not exclusive.

NRS 244.187 Displacementor limitation of competition: Services.

NRS 244.188 Displacementor limitation of competition: Areas in which authorized; methods; limitation.

NRS 244.189 Developmentof affordable housing, control and protection of animals, and rehabilitation ofcertain residential property; taxes; civil penalty in lieu of criminal penalty.

NRS 244.190 Cooperativeagreements for modification of weather; expenses.

NRS 244.194 Votingor counting devices: Rental, lease or other acquisition.

NRS 244.1945 Advisoryboards: Establishment; travel expenses.

NRS 244.195 Otherpowers.

FINANCIAL POWERS

NRS 244.200 Examinationand audit: Officers accounts; money and property entrusted to and fees orcompensation received by public administrators.

NRS 244.205 Examinationand allowance of accounts.

NRS 244.207 Centralreceiving and disbursing systems for county money.

NRS 244.210 Demands:Cumulative voucher sheets; allowance.

NRS 244.215 Procedurewhen county auditor or county comptroller refuses demand.

NRS 244.220 Conditionsprecedent to approval of demand: Indebtedness deducted; compliance; exception.

NRS 244.225 Publicationof financial statement.

NRS 244.230 Authorizeddebts and liabilities only to be created.

NRS 244.235 Districtattorney to attend board meetings when accounts and claims audited; restrictionon presentation of claim by district attorney.

NRS 244.240 Residenttaxpayer may file written objection to allowance of claim; action by board.

NRS 244.245 Recoveryof costs in action against county.

NRS 244.250 Unauditedclaims to be presented within 6 months.

NRS 244.255 Rejectedclaim not to be reconsidered.

ORGANIZATIONS FOR ECONOMIC DEVELOPMENT

NRS 244.264 Confidentialityof records or other documents.

COUNTY PROPERTY

NRS 244.265 Careand preservation of property.

NRS 244.270 Control,management and gifts of property.

NRS 244.273 Useof countys equipment on private road; conditions.

NRS 244.275 Purchaseor lease of property for use of county; appraisal.

NRS 244.276 Purchase,sale or exchange of property with owners abutting road or flood controlfacility to adjust road or flood control facility; reversion of propertyacquired by dedication.

NRS 244.277 Acceptanceof grant of right-of-way, permit, lease or patent over certain federal lands.

NRS 244.278 Maintenanceand repair of dedicated streets or easements acquired by general improvementdistrict.

NRS 244.279 Saleor lease of right-of-way or water rights to public utility.

NRS 244.2795 Saleor lease of certain real property of county: Appraisal required; qualificationsand selection of appraisers; disclosure statements; interest of appraiser orrelated person in property or adjoining property prohibited.

NRS 244.281 Saleor lease of certain real property of county: Notice; appraisal; exceptions;second offering.

NRS 244.2815 Sale,lease or disposal of real property of county for redevelopment or economicdevelopment; requirements.

NRS 244.282 Procedurefor sale of real property at public auction.

NRS 244.2825 Transferor sale of real property which was part of original mining townsite and whichwas acquired by county directly from Federal Government.

NRS 244.283 Leaseof real property of county; notice; bids.

NRS 244.284 Leaseor conveyance of real property of county to corporation for public benefit.

NRS 244.286 Leaseor lease-purchase agreement for construction or remodeling of building orfacility; conveyance of property; applicability of certain provisions toagreement for construction or remodeling of building or facility.

NRS 244.287 Conveyanceof property to nonprofit organization for development of affordable housing:Application; public hearing; conditions; annual list of property conveyed;subordination of interest in property conveyed.

NRS 244.288 Industrialdevelopment of real property by county; notice; hearing; option to purchaseproperty.

NRS 244.290 Reconveyance,sale or lease of land donated, dedicated or condemned for public purposes.

NRS 244.292 Acquisitionand maintenance of cemeteries; conveyance of property used as cemetery afterpublic hearing.

NRS 244.294 Constructionand maintenance of parking facilities; fees; exclusive parking in designatedspaces.

NRS 244.296 Motorvehicles.

DISTRICT FOR COUNTY FIRE DEPARTMENT

NRS 244.2961 Creationand administration of district; regulation of explosive, combustible orinflammable material; ordinance regarding fees for transporting sick or injuredpersons to medical facility; duties of employees.

NRS 244.2963 Assumptionof certain rights, duties, liabilities and obligations.

NRS 244.2965 Boundariesof district.

NRS 244.2967 Levyof tax; accounting for proceeds of tax.

JUVENILE FORESTRY CAMPS

NRS 244.2969 Juvenilecourt defined.

NRS 244.297 Establishment;commitments by juvenile court.

NRS 244.298 Provisionsof ordinance creating camp.

NRS 244.299 Labor,studies and activities of children committed to camp.

RECREATIONAL AND CULTURAL CENTERS

NRS 244.300 Operation,maintenance and improvement of parks, golf courses and other centers to whichcounty holds title.

NRS 244.305 Acquisitionof land for park, recreational, cultural and memorial purposes.

NRS 244.306 Operationand maintenance of swimming pools and other centers acquired by gift.

NRS 244.307 Expenditureof county money for construction, improvement or repair of facilities owned bycity or school district.

COUNTY PARK AND RECREATION COMMISSIONS

NRS 244.3071 Definitions.

NRS 244.3072 Powerof county to create.

NRS 244.3073 Petitionfor creation of commission; study of feasibility; approval by appropriate stateagency.

NRS 244.3074 Organizationalordinance: Contents.

NRS 244.3075 Supplementationof organizational ordinance.

NRS 244.3076 Number,qualifications and appointment of members.

NRS 244.3077 Commissioners:Terms; vacancies; compensation and expenses.

NRS 244.3078 Oathof office; no bond required.

NRS 244.3079 Electionof officers; treasurer; seal.

NRS 244.30791 Meetings;records; quorum.

NRS 244.30792 Powersand duties.

COUNTY PARK COMMISSIONS

NRS 244.308 Definitions.

NRS 244.3081 Recreational,cultural and park facilities: Powers of certain counties.

NRS 244.3082 Exerciseof powers by commission; ordinance.

NRS 244.3083 Contentsof ordinance organizing commission.

NRS 244.3084 Supplementationof organizational ordinance.

NRS 244.3085 Numberand appointment of members.

NRS 244.3086 Termsof office; vacancies; compensation and expenses of commissioners.

NRS 244.3087 Oathof office; no bond required.

NRS 244.3088 Electionof officers; treasurer; seal.

NRS 244.3089 Meetings;records; quorum.

NRS 244.309 Powersand duties.

NRS 244.3091 Countycommissioners exercise of power of eminent domain.

CONTRACTS

NRS 244.320 Contractsand transactions extending beyond term of commissioners.

NRS 244.327 Contractswith State Department of Agriculture; contributions.

COUNTY PRINTING

NRS 244.330 Publicprinting: Requirement that printing be placed with newspaper or commercialprinting establishment; requirements for printing ballots; exceptions.

CERTIFICATION OF PROPERTY MANAGERS

NRS 244.331 Definitions.

NRS 244.3315 Apartmentcomplex defined.

NRS 244.332 Certificatedefined.

NRS 244.3325 Propertydefined.

NRS 244.333 Propertymanagement defined.

NRS 244.3335 Unitdefined.

NRS 244.334 Certificationof persons who engage in property management in unincorporated area of county;application; fees; renewal; conditions; penalty; exceptions.

NRS 244.3345 Ordinanceto require property in unincorporated area of county to be managed by personissued certificate; penalty; exceptions.

REGULATION, TAXATION AND LICENSING OF BUSINESSES ANDOCCUPATIONS

NRS 244.335 Powersof commissioners and county license boards; application for certain licenses;license tax as lien; confidential information.

NRS 244.33503 Continuationof license tax in county whose population is 100,000 or more; use of proceeds;pledge of proceeds.

NRS 244.33505 Businessrequired to submit affidavit concerning industrial insurance upon applicationfor license or post office box; receipt of document setting forth rights andresponsibilities promoting safety in workplace.

NRS 244.33506 Applicationfor or renewal of license, permit or certificate: Statement regardingobligation of child support required; grounds for denial; duty of board ofcounty commissioners. [Expires by limitation on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 244.33507 Applicationfor issuance of license, permit or certificate: Social security numberrequired. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 244.33508 Mandatorysuspension of license, certificate or permit for failure to pay child supportor comply with certain subpoenas or warrants; reinstatement. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 244.3351 Optionaltax on revenues from rental of transient lodging: Imposition andadministration.

NRS 244.33512 Optionaltax on revenues from rental of transient lodging: Distribution and use ofproceeds of tax imposed throughout county.

NRS 244.33514 Optionaltax on revenues from rental of transient lodging: Use of proceeds of taximposed within boundaries of transportation district.

NRS 244.33516 Optionaltax on revenues from rental of transient lodging: Periodic reports to Legislature.

NRS 244.3352 Mandatorytax on revenues from rental of transient lodging: Imposition and collection;schedule for payment; penalty and interest for late payment.

NRS 244.3354 Mandatorytax on revenues from rental of transient lodging: Distribution of proceeds.

NRS 244.3356 Mandatorytax on revenues from rental of transient lodging: Prohibited uses of proceeds.

NRS 244.33565 Taxeson revenues from rental of transient lodging: Adoption of ordinance definingtransient lodging.

NRS 244.3357 Taxeson revenues from rental of transient lodging: Annual report to Department ofTaxation.

NRS 244.3358 Taxeson revenues from rental of transient lodging: Assignment of certain proceeds bycertain counties to general improvement district furnishing recreationalfacilities; use of proceeds assigned; pledge of proceeds prohibits revocationof assignment.

NRS 244.3359 Taxeson rental of transient lodging: Limitations on imposition of new tax and onincrease in rate of existing tax; legislative declaration.

NRS 244.336 Farmersmarkets: Definitions.

NRS 244.337 Farmersmarkets: Licensing and regulation.

NRS 244.338 Farmersmarkets: Responsibilities of licensee; unlawful acts.

NRS 244.340 Tentshows, circuses, theme parks and permanent exhibitions: Licensing by ordinance;license tax; exception to requirement of acquiring state license orcertificate.

NRS 244.345 Dancinghalls, escort services, entertainment by referral services and gambling gamesor devices; limitation on licensing of houses of prostitution.

NRS 244.3475 Pagingservices in county whose population is 400,000 or more: Ordinance requiredregarding maintenance of certain records.

NRS 244.348 Pawnbrokers:Additional license required to use motor vehicle as collateral for loan; feefor additional license.

NRS 244.3485 Secondhanddealers: Licensing; fines for certain violations.

NRS 244.349 Grantof license required upon relocation of business under certain circumstances.

NRS 244.350 Saleof intoxicating liquors: Licensing and regulation by county liquor board;exception.

NRS 244.3501 Saleof intoxicating liquors: Enactment, style and recording of liquor boardsordinances.

NRS 244.351 Saleof intoxicating liquors: Sale by minors allowed in certain circumstances.

NRS 244.352 Licenseboard and liquor board may be merged.

NRS 244.3525 Administrationof oaths; payment of witnesses; appointment and qualifications of hearingofficers; service of notice.

REGULATION AND LICENSING OF OUTDOOR ASSEMBLIES

NRS 244.354 Ordinancerequired.

NRS 244.3541 Assemblydefined.

NRS 244.3542 Licenserequired.

NRS 244.3543 Applicationfor license: Time; contents.

NRS 244.3544 Hearing:Notice; investigation; grant, denial or conditioning of license; issuance oflicense.

NRS 244.3545 Conditionswhich may be imposed.

NRS 244.3546 Denialof license: Grounds; notice.

NRS 244.3547 Revocationand reinstatement of license; notice.

NRS 244.3548 Unlawfulacts.

HEALTH AND SAFETY

NRS 244.355 Animalsrunning at large on highways may be prohibited by ordinance.

NRS 244.3555 Permitsto solicit charitable contributions while standing on median strip of highwayor sidewalk adjacent to highway.

NRS 244.356 Ordinanceregulating traffic on streets of residential and commercial areas in federalmilitary installation authorized.

NRS 244.357 Police,sanitary, loitering, prowling and traffic ordinances: Enactment andenforcement.

NRS 244.3571 Ordinanceto regulate operation of electric personal assistive mobility devices.

NRS 244.3573 Provisionof public safety within certain areas of mobile home park.

NRS 244.3575 Ordinancesregulating parking: Civil penalty in lieu of criminal sanction.

NRS 244.358 Ordinancefor control of rabies.

NRS 244.359 Ordinanceconcerning control of animals, license fee and designation of and requirementof liability insurance policy for inherently dangerous animals; applicability;civil liability in lieu of criminal penalty in certain circumstances.

NRS 244.360 Abatementof nuisances: Complaint; notice; hearing; order; enforcement of order; costs;alternative procedures.

NRS 244.3601 Dangerousstructure or condition posing imminent danger to surrounding neighborhood: Determination;notice; special assessment against property to recover costs of securing.

NRS 244.3603 Abatementof chronic nuisances: Adoption and contents of ordinance; closure of propertyby court order; civil penalties; special assessment against property to recovercosts of abatement.

NRS 244.3605 Abatementof dangerous structures, rubbish and noxious weeds: Adoption and contents ofordinance; civil penalties; special assessment against property to recovercosts of abatement.

NRS 244.3607 Recoveryby county of costs of relocating tenants resulting from nuisance or othercondition: Notice; hearing; appeal.

NRS 244.361 Regulationand control of smoke and pollution of air.

NRS 244.363 Preventionof excessive noise.

NRS 244.364 Limitedauthority to regulate firearms.

NRS 244.365 Preventionof pollution of streams by sawdust; tax levy.

NRS 244.3655 Requiringusers of certain water systems to connect into system provided by publicutility or public entity; assessment of costs of connection.

NRS 244.366 Waterand sewer facilities: Construction; acquisition; operation and maintenance;unlawful acts; penalty.

NRS 244.36605 Delinquentcharges for sewerage, storm drainage or water service in county whosepopulation is less than 400,000.

NRS 244.3661 Impositionof excise tax on use of water; rate of tax; interest on late payment; facilityfor treatment of water.

NRS 244.3663 Packageplant for sewage treatment: Remedies for unsatisfactory service or violation ofconditions; assumption of control by county; assessment for operation andmaintenance.

NRS 244.3665 Prohibitionof waste of water.

NRS 244.367 Fireworks:Regulation and control.

NRS 244.3673 Investigationof fires and enforcement of regulations of State Fire Marshal by certaincounties.

NRS 244.3675 Regulationof construction, maintenance and safety of buildings, structures and property;adoption of codes and establishment of fees.

NRS 244.368 Citysbuilding code supersedes less stringent provisions of countys building codewithin 1 mile of boundaries of city.

NRS 244.369 Foodhandlers: Ordinance requiring physical examinations; limitations.

GRAFFITI

NRS 244.3691 Definitions.

NRS 244.36915 Graffitidefined.

NRS 244.3692 Residentialproperty defined.

NRS 244.3693 Removalor covering of graffiti on real or personal property of county; civil penalty.

NRS 244.36935 Removalor covering of graffiti on perimeter of residential property by county.

NRS 244.3694 Removalor covering of graffiti on nonresidential property by owner or county.

NRS 244.3695 Graffitireward and abatement fund: Creation; use; administrative assessments; paymentof rewards.

AGRICULTURE AND FAIRS

NRS 244.370 Exhibitsof countys products at exposition or fair; permanent exhibits.

NRS 244.375 Taxfor exhibits at expositions.

MUSEUMS, ART CENTERS AND HISTORICAL SOCIETIES

NRS 244.377 Taxlevy; payment of proceeds to and use by nonprofit organization; exemption fromlimitation.

NRS 244.378 Sale,trade or exchange of duplicate or unwanted items.

ADVERTISING OF COUNTYS RESOURCES AND ADVANTAGES

NRS 244.380 Taxlevy; contracts for promotion of county.

MEDICAL SCHOLARSHIPS

NRS 244.382 Legislativefindings.

NRS 244.3821 Establishmentof medical scholarship program; appropriation of money; acceptance ofcontributions.

NRS 244.3822 Prerequisitesto grant of scholarship.

NRS 244.3823 Criteriafor selection of recipients.

WILDLIFE AND NATURAL RESOURCES

NRS 244.386 Preservationof endangered species or subspecies in county whose population is 400,000 ormore: General powers; fee for construction or grading of land in unincorporatedareas; creation of enterprise fund.

NRS 244.387 Removalof wild horses from private property.

NRS 244.388 Establishment,use and operation of wetlands mitigation bank.

OFFICE OF COORDINATOR OF SERVICES FOR VETERANS

NRS 244.401 Creationof office by ordinance; appointment and duties of coordinator; creation ofoffice by two or more counties.

NRS 244.406 Financialsupport of office; report to Legislature describing efficiency andeffectiveness of office.

AIRCRAFT NOISE

NRS 244.412 Committeedefined.

NRS 244.414 Advisorycommittee on aircraft noise: Establishment in county whose population is400,000 or more; members; terms; vacancies; chairman; compensation; meetings.

NRS 244.416 Advisorycommittee on aircraft noise: Powers.

NRS 244.418 Establishmentof toll-free telephone number in county whose population is 400,000 or more toreport alleged violations of rules or regulations pertaining to aircraft noise;maintenance of record of complaints.

APPROVED YOUTH SHELTERS

NRS 244.421 Definitions.

NRS 244.422 Approvedyouth shelter defined.

NRS 244.423 Necessaryservices defined.

NRS 244.424 Runawayor homeless youth defined.

NRS 244.426 Youthdefined.

NRS 244.427 Youthshelter defined.

NRS 244.428 Designationby ordinance; contents of ordinance; regulations.

NRS 244.429 Immunityfrom civil liability.

_________

GENERAL PROVISIONS

NRS 244.010 Minimumnumber of county commissioners. Except as providedin NRS 244.011, 244.014 and 244.016, each board of county commissionersof the several counties shall consist of three members; and not more than threecounty commissioners shall be elected or appointed to such office in anycounty.

[1:70:1883; BH 2389; C 2134; RL 1546; NCL 1985](NRS A 1960, 92; 1973, 342; 1975, 721; 1977, 221)

NRS 244.011 Changein number of county commissioners in county whose population is less than100,000.

1. In each county whose population is less than100,000, the board of county commissioners may, by ordinance, provide that theboard of county commissioners consists of five members. Upon enactment of theordinance, the board of county commissioners shall submit the ordinance to theregistered voters of the county at the next primary or general election. Thevoters at the election shall vote on the question, Shall the board of countycommissioners be increased to five members. If a majority of votes castapprove the question, the ordinance becomes effective upon certification of thevote by the county clerk, otherwise, the ordinance does not become effective.

2. If the ordinance becomes effective, the twoadditional members must be elected at the next general election. One membermust be elected to an initial 2-year term and the other member must be electedto an initial 4-year term. The county clerk shall, on or before the firstMonday in June of the year in which the election is to be held, designate whichnew position on the board will consist of a 2-year term and which will consistof a 4-year term. When the initial terms expire, subsequent terms for each newposition are for 4 years.

3. A board of county commissioners increased to fivemembers pursuant to this section may be decreased to three members inaccordance with the provisions of subsection 4.

4. The board of county commissioners may, byordinance, provide that the board of county commissioners consists of threemembers. Upon enactment of the ordinance, the board of county commissionersshall submit the ordinance to the registered voters of the county at the nextprimary or general election. The voters at the election shall vote on thequestion, Shall the board of county commissioners be decreased to threemembers. If a majority of votes cast approve the question, the ordinancebecomes effective upon certification of the vote by the county clerk,otherwise, the ordinance does not become effective.

5. If the ordinance enacted pursuant to subsection 4becomes effective, two seats on the board of county commissioners must beabolished as follows:

(a) If three seats are scheduled for election at thenext general election, only one seat may come up for election.

(b) If two seats are scheduled for election at the nextgeneral election:

(1) Only one seat may come up for election; and

(2) One of the three seats elected at thepreceding general election must be abolished effective at midnight of the daypreceding the first Monday in January following the next general election.

The board ofcounty commissioners shall draw lots to determine which seats must be abolishedpursuant to this subsection.

(Added to NRS by 1973, 340; A 1979, 508; 1991, 1560)

NRS 244.014 Numberand terms of county commissioners in county whose population is 100,000 or morebut less than 400,000; commissioners districts. Ineach county whose population is 100,000 or more but less than 400,000:

1. At the general election in 1976, and every 4 yearsthereafter, two county commissioners must be elected respectively from two ofthe county commissioner election districts established pursuant to thischapter.

2. At the general election in 1978, and every 4 yearsthereafter, three county commissioners must be elected respectively from threeof the county commissioner election districts established pursuant to thischapter.

3. The board of county commissioners shall establishfive county commissioner election districts which must be as nearly equal inpopulation as practicable. Each such district must be composed of entirelycontiguous territory and be as compact as possible.

(Added to NRS by 1975, 721; A 1977, 221; 1979, 509;1981, 1125; 1989, 1898; 1991, 1745)

NRS 244.016 Numberof county commissioners in county whose population is 400,000 or more;commissioners districts.

1. In each county whose population is 400,000 or more,the board of county commissioners consists of seven members. Each member mustbe a resident of, and elected by the registered voters of, a countycommissioner election district established pursuant to this chapter.

2. The board of county commissioners shall establishseven county commissioner election districts which must be as nearly equal inpopulation as practicable, and each of which must be composed entirely ofcontiguous territory and be as compact as possible.

(Added to NRS by 1977, 220; A 1983, 182; 1989, 1899)

NRS 244.018 Establishmentof additional or changed commissioners districts: Manner of electing countycommissioners.

1. If new or changed county commissioner electiondistricts must be established because of changes in population or applicablelaw, the board of county commissioners shall establish those districts byordinance and provide for the election from specified districts of the propernumbers of county commissioners for 4-year and 2-year terms respectively sothat the numbers of county commissioners to be elected at each general electionthereafter will be as nearly equal as possible.

2. Except as otherwise provided in NRS 244.011, if at the time a general electionis to be conducted for the election of county commissioners from new districtsthere is incumbent any county commissioner, elected at large or from a validlyestablished election district, whose term extends beyond the first Monday ofJanuary of the following year, he is entitled to serve out his term and shallbe deemed to represent the new district in which he resides.

(Added to NRS by 1977, 220; A 1979, 509; 1985, 1116;1991, 1561)

NRS 244.020 Qualificationsof county commissioners.

1. County commissioners must be qualified electors oftheir respective counties and have such other qualifications as are provided inthis chapter.

2. No county or township officer is eligible to the officeof county commissioner.

[Part 2:80:1865; A 1869, 92; B 3071; BH 1943; C 2105; RL 1502; NCL 1936](NRS A 1960, 92; 1975, 722; 1987, 2306; 1989, 241)

NRS 244.025 Electionof county commissioners in county whose population is less than 100,000.

1. County commissioners must be elected by thequalified electors of their respective counties.

2. At the general election held in 1968 and at thegeneral election every 4 years thereafter, two persons must be elected to serveon the board of county commissioners for terms of 4 years.

3. At the general election held in 1970 and at thegeneral election held every 4 years thereafter, one person must be elected toserve on the board of county commissioners for a term of 4 years.

4. This section does not apply to counties having apopulation of 100,000 or more.

[Part 1:80:1865; A 1869, 92; B 3070; BH 1942; C 2104; RL 1501; NCL 1935] + [Part 9:108:1866; B 2607; BH 1644; C 1790;RL 2773; NCL 4773](NRS A 1960, 92; 1967, 703; 1969, 26, 1531; 1979, 509;1987, 2306; 1989, 242)

NRS 244.027 Electionof county commissioners in county whose population is less than 100,000 notdivided into commissioners districts.

1. Whenever two or more members of a board of countycommissioners are to be elected at the same election for the same term in anycounty in this state having less than 100,000 population, and the county hasnot been divided into commissioner districts in the manner provided by NRS 244.050, the county clerk shalldesignate the offices to be filled alphabetically or numerically. Suchdesignation shall be made on or before the first Monday in June of the year inwhich such election is held.

2. For purposes of election the offices shall beconsidered separate offices and no declaration of candidacy or acceptance ofcandidacy shall be accepted unless such declaration or acceptance indicates theparticular office for which the declaration or acceptance is filed.

(Added to NRS by 1971, 75)

NRS 244.030 Termof office of county commissioners. Countycommissioners shall enter upon their duties on the first Monday of Januarysucceeding their election, and, except for 2-year terms established pursuant toNRS 244.018, shall hold their officesfor 4 years as provided in this chapter; and the term of office shall expire at12 p.m. of the day preceding the first Monday in January following a generalelection.

[Part 2:80:1865; A 1869, 92; B 3071; BH 1943; C 2105; RL 1502; NCL 1936](NRS A 1967, 703; 1977, 221)

NRS 244.035 Countycommissioners required to take oath of office; effect of failure to take oath.

1. On entering upon the discharge of the duties of hisoffice, each county commissioner, whether elected or appointed, shall take andsubscribe to the oath of office as prescribed by law.

2. If a county commissioner shall neglect or refuse,during the period of 15 days from and after the first Monday of Januarysucceeding his election, to take the oath of office as herein directed, hisoffice shall be deemed vacant, and such vacancy shall be filled by appointment.

[Part 2:80:1865; A 1869, 92; B 3071; BH 1943; C 2105; RL 1502; NCL 1936]

NRS 244.040 Vacancyin office of county commissioner.

1. Any vacancy occurring in any board of countycommissioners must be filled by appointment of the Governor. Except in CarsonCity, the Governor shall appoint a suitable person who is a member of the samepolitical party as the most recent holder of the vacant office.

2. The term of office of a person appointed to theoffice of county commissioner does not, by virtue of the appointment, extendbeyond 12 p.m. of the day preceding the first Monday of January next followingthe next general election.

[Part 1:80:1865; A 1869, 92; B 3070; BH 1942; C 2104; RL 1501; NCL 1935] + [Part 2:80:1865; A 1869, 92; B 3071; BH 1943; C 2105; RL 1502; NCL 1936](NRS A 1983, 6; 1987, 2306; 1989, 242)

NRS 244.050 Commissionersdistricts in counties whose population is less than 100,000: Creation;election; notice; abolishment; election at large of commissioners.

1. Whenever a number of registered voters equal to 25percent or more of the number of persons registered to vote at the lastpreceding general election in any county whose population is less than 100,000petitions the board of county commissioners of their county to divide thecounty into three commissioner districts, or if the board has five members,into five commissioner districts, the question must be submitted to thequalified electors of the county for approval or disapproval at the nextsucceeding general election. The board of county commissioners may, on its ownmotion, submit the question to the voters. The question must be submitted insuch a manner that the voters are also given a choice as to whether to electthe commissioners from districts or at large, if the division is approved. If amajority of the voters voting on the question approve the division, the boardof county commissioners shall divide the county into three commissionerdistricts, or five commissioner districts, as the case may be, on or before thefirst Monday in July preceding each general election. The division must be madeto conform to the established boundaries of election precincts or wards, andeach election precinct or ward must be wholly within one of the commissionerdistricts provided for in this section. Each commissioner district mustembrace, as near as may be, one-third or one-fifth, as the case may be, of thepopulation of the county, and must consist of adjoining precincts.

2. The board of county commissioners shall provide byresolution for the dates of election of commissioners from newly createddistricts, in such manner as to secure the earliest representation of eachdistrict as the terms of incumbent commissioners expire.

3. The board of county commissioners shall cause to bepublished in some newspaper in the county, if there is one, and if not, then byposting at the door of the courthouse and one or more conspicuous places ineach of the commissioner districts, a notice specifying the election precinctsor wards embraced in each of the commissioner districts so established. Thenotice must be posted or published for a period of not less than 20 days beforeeach general election.

4. Except as otherwise provided in subsection 1,county commissioners must be elected at large by the qualified electors of thecounty.

5. The commissioner districts, regardless of whencreated, may be abolished in the same manner as provided for their creation insubsection 1.

6. Upon the abolition of commissioner districts theincumbent county commissioners are entitled to serve the remainder of the termsfor which they were elected or appointed, and thereafter county commissionersmust be elected at large from within the county.

[1:36:1893; C 1759; RL 1531; NCL 1964] +[2:36:1893; C 1760; RL 1532; NCL 1965] + [3:36:1893; C 1761; RL 1533;NCL 1966] + [4:36:1893; A 1895, 39; C 1762; RL 1534; NCL 1967](NRS A1959, 867; 1960, 92; 1961, 405; 1969, 27, 1532; 1979, 510; 1981, 1008; 1985,1116; 1987, 1377; 1991, 1137)

NRS 244.055 Sealof county commissioners. The seal of thecounty shall be the seal of the board of county commissioners.

[28:80:1865; B 3096; BH 1968; C 2130; RL 1527; NCL 1960]

NRS 244.060 Boardof county commissioners: Quorum; tie vote.

1. Except as otherwise provided in NRS 241.0355, a majority of the board constitutesa quorum for the transaction of business.

2. When a majority only of the members is present at ameeting of the board, in case of a tie vote on any question, the vote must bepostponed to a subsequent meeting.

[Part 5:80:1865; A 1909, 140; RL 1505; NCL 1939]+ [30:80:1865; B 3098; BH 1970; C 2132; RL 1529; NCL 1962](NRS A 2001, 1124)

NRS 244.065 Commissionersmay administer oaths. County commissioners areauthorized and empowered to administer all oaths or affirmations necessary indischarging the duties of their office.

[29:80:1865; B 3097; BH 1969; C 2131; RL 1528; NCL 1961]

NRS 244.070 Electionand terms of chairman and vice chairman of board of county commissioners; clerkof board.

1. The county commissioners shall:

(a) Elect one of their number as chairman of the boardand another of their number as vice chairman of the board; and

(b) Fix the terms of office of the chairman and vicechairman of the board.

2. The county clerk shall be clerk of the board.

[Part 5:80:1865; A 1909, 140; RL 1505; NCL 1939](NRS A 1981, 237; 2001,477)

NRS 244.075 Recordsof board: Duties of clerk; public inspection.

1. The clerk shall keep a full and complete record ofall the proceedings of the board, together with a full and completealphabetical index and page citation of and for the record and proceedings, andall such proceedings shall be entered upon the record.

2. The record of each days proceedings of the boardshall be signed by the chairman and the clerk. In case the chairman shall be absentat any meeting of the board, all documents, records or papers requiring thesignature of the board shall be signed by the members present.

3. The books, records and accounts of the board shallbe kept at the office of the clerk of the board, and shall, during businesshours, be kept open to public inspection free of charge.

[Part 5:80:1865; A 1909, 140; RL 1505; NCL 1939]+ [7:80:1865; B 3076; BH 1948; C 2110; RL 1507; NCL 1941]

NRS 244.085 Regularand additional meetings of board; meetings held outside county seat; meetingswith other governing bodies; attendance at conventions, conferences, seminarsor hearings.

1. Except as otherwise provided in this section, themeetings of the boards of county commissioners must be held at the county seatsof their respective counties, or at a place not more than 10 miles from thecounty seat within the boundaries of the county, at least once in each calendarmonth, on a day or days to be fixed by ordinance.

2. If the day fixed by ordinance falls on a Saturdayor on a nonjudicial day, the meeting must be held on the next judicial day.

3. The first meeting of the board in odd-numberedyears must be held on the first Monday in January, but if the first Monday inJanuary is a nonjudicial day, the meeting must be held on the next judicialday.

4. The meeting day and place as fixed by ordinancemust remain unchanged, unless notice of a proposed change is published once aweek for 2 consecutive weeks in a newspaper of general circulation in the county.

5. Additional meetings of the board of countycommissioners may be held at any place within the boundaries of the county. Ifthe board meets outside the county seat, notice of the meeting must be given bypublication once a week for 2 consecutive weeks in a newspaper of generalcirculation published in the county or by publication for 1 week in two or morenewspapers of general circulation published in the county.

6. At a meeting held outside the county seat, theboard of county commissioners may, in accordance with NRS 241.020, take final action on anymatter except zoning or planning matters which relate to a differentgeographical area than the geographical area in which the meeting is held.

7. The board may meet with the governing body ofanother governmental unit at any location, including, without limitation, alocation outside the county, but the meeting may not be held at a place whichis more than 10 miles from the county seat unless the board, in addition tocomplying with all other requirements for notice of a meeting of the board,provides notice by publication in a newspaper of general circulation within thecounty, for at least 3 working days before the meeting, of the date, time and placeof the meeting. In no case may the board take any official action at such ameeting.

8. Members of the board may attend conventions,conferences, seminars, congressional hearings or other federal hearings togather specific information or conduct the official business of the associationor sponsoring organization at any location if no action is taken by the boardin the course of such activity.

[Part 3:80:1865; A 1897, 90; 1909, 217; 1913, 22;1915, 74; 1917, 1; 1921, 94; NCL 1937](NRS A 1971, 7; 1979, 370; 1989, 58,1294; 1991, 1138; 1999,175; 2003, 344)

NRS 244.090 Specialmeetings of board: Call; notice; filling temporary appointments; canvass ofelection returns.

1. Except as provided in subsections 4 and 5, specialmeetings may be called by the chairman or, in his absence, by the vice chairmanwhenever there is sufficient business to come before the board, or upon thewritten request of a majority of the board.

2. The clerk of the board shall give written notice ofeach special meeting to each member of the board by personal delivery of thenotice of the special meeting to each member at least 1 day before the meetingor by mailing the notice to each members place of residence in the county orby deposit in the United States mails, postage prepaid, at least 4 days beforethe meeting.

3. The notice must specify the time, place and purposeof the meeting. If all of the members of the board are present at a specialmeeting, lack of notice does not invalidate the proceedings.

4. When there is in any county, township or precinctoffice no officer authorized to execute the duties of that office, and it isnecessary that a temporary appointment be made to fill the office, as otherwiseprovided by law, the board of county commissioners shall forthwith hold aspecial meeting for that purpose. The meeting may be held by unanimous consentof the board, or, if for any cause unanimous consent cannot be obtained, thenthe chairman or any other member of the board having knowledge of the necessityshall forthwith call the special meeting and notify the other members of themeeting. The meeting must be held as soon as practicable, but not less than 3days, except by unanimous consent, after actual notice to all members of theboard, whereupon a majority of the board shall proceed to act upon the appointmentas provided by law.

5. The board shall also meet after each generalelection to canvass election returns in the manner provided by law.

[Part 3:80:1865; A 1897, 90; 1909, 217; 1913, 22;1915, 74; 1917, 1; 1921, 94; NCL 1937](NRS A 1959, 289; 1960, 284; 1965,1276; 1981, 237)

ORDINANCES

NRS 244.095 Enactmentby bill; summary and title.

1. No ordinance shall be passed except by bill. Whenany ordinance is amended, the section or sections thereof shall be reenacted asamended, and no ordinance shall be revised or amended by reference only to itstitle.

2. Every ordinance shall:

(a) Bear a summary, which shall appear before the titleand which shall state in brief the subject matter of the ordinance.

(b) Except one revising the county ordinances, embracebut one subject and matters necessarily connected therewith and pertainingthereto. The subject shall be clearly indicated in the title. In all caseswhere the subject of the ordinance is not so expressed in the title, theordinance shall be void as to the matter not expressed in the title.

[1:296:1955]

NRS 244.100 Proceduresfor enactment; signatures; publication and effective date; publication ofrevised ordinance; hearing.

1. All proposed ordinances, when first proposed, mustbe read by title to the board, immediately after which at least one copy of theproposed ordinance must be filed with the county clerk for public examination.Notice of the filing, together with the title and an adequate summary of theordinance and the date on which a public hearing will be held, must bepublished once in a newspaper published in the county or, if no newspaper ispublished in the county, in a newspaper having a general circulation in thecounty, at least 10 days before the date set for the hearing. The board shalladopt or reject the ordinance, or the ordinance as amended, within 35 daysafter the date of the close of the final public hearing, except that in casesof emergency, by unanimous consent of the whole board, final action may betaken immediately or at a special meeting called for that purpose.

2. After adoption, all ordinances must be:

(a) Signed by the chairman of the board.

(b) Attested by the county clerk.

(c) Published by title only, together with the names ofthe county commissioners voting for or against their passage, in a newspaperpublished in and having a general circulation in the county, at least once aweek for a period of 2 weeks before it goes into effect. Publication by titlemust also contain a statement to the effect that typewritten copies of theordinance are available for inspection at the office of the county clerk by allinterested persons.

3. Whenever a revision is made and the revisedordinances are published in book or pamphlet form by authority of the board ofcounty commissioners, no further publication is necessary.

4. Except in an emergency, before acting upon a new oramendatory ordinance the board must hold a hearing at which interested personsmay present their views. The public hearing may be held in conjunction with themeeting provided for in subsection 1.

[Part 2:296:1955](NRS A 1977, 408; 1979, 637; 1981,473; 1983, 362)

NRS 244.105 Procedurefor enactment of specialized or uniform code.

1. An ordinance which adopts:

(a) A specialized or uniform building, plumbing orelectrical code printed in the form of a book or pamphlet;

(b) Any other specialized or uniform code; or

(c) Any portion of such a code,

may adopt itby reference with such changes as may be necessary to make it applicable toconditions in the county, and with such other changes as may be desirable.

2. The code upon adoption need not be published asrequired by NRS 244.100 if an adequatenumber of copies of the code, either typewritten or printed, with the changes,if any, have been filed for use and examination by the public in the office ofthe county clerk. Notice of the filing must be given by one publication in anewspaper having a general circulation in the county, and the copies must befiled, at least 10 days before the passage of the ordinance.

[2.1:296:1955](NRS A 1983, 363)

NRS 244.110 Styleof ordinances. The style of ordinances shallbe as follows:

 

The Board of County Commissioners of the

County of................Do Ordain:

(Body of ordinance)

(Last section ofordinance)

Proposedon ....................... (month) ................ (day) ............. (year)

Proposed by Commissioner..........................................................................................

Passed ................................. (month)................ (day) ............. (year)

 

Vote:

Ayes: Commissioners..................................................

Nays: Commissioners..................................................

Absent: Commissioners..................................................

 

Attest:

 

............................................................... .......................................................................

County Clerk Chairmanof the Board

 

This ordinance shall be in force and effect fromand after the ........ day of the month of of the year

 

[Part 2:296:1955](NRS A 2001, 45)

NRS 244.115 Recordingof ordinances; copy as prima facie evidence. Thecounty clerk shall record all ordinances in a book kept for that purpose,together with the affidavits of publication by the publisher. The book, or acertified copy of an ordinance therein recorded and under the seal of thecounty, shall be received as prima facie evidence in all courts and placeswithout further proof. If published in book or pamphlet form by authority ofthe board of county commissioners, the book or pamphlet shall be received asprima facie evidence without further proof.

[Part 2:296:1955]

COUNTY CODE

NRS 244.116 Revisionand codification of general ordinances authorized; arrangement, publication andsale of code.

1. Each board of county commissioners may provide forthe revision and codification, including such restatements and substantivechanges as are necessary for clarity and consistency, of all general ordinancesof the county, and may provide for the indexing and publication of suchordinances in the form of a county code.

2. The ordinances in each county code shall bearranged in appropriate chapters and sections, excluding the titles, enactingclauses, signatures, attestations and other formal parts.

3. Copies of the county code and any supplementsthereto may be reproduced in printed or typewritten book, pamphlet orloose-leaf form, or such other form as the board of county commissioners maydetermine, and may be sold at a price fixed by resolution of such board. Allproceeds from such sales shall be deposited in the general fund of the county.

4. The board of county commissioners may employ orcontract for the services of professional personnel in preparation of thecounty code.

(Added to NRS by 1961, 150)

NRS 244.117 Adoptionby ordinance; procedure; effective date.

1. The county code must be adopted by an ordinance.The only title necessary for the ordinance is An Ordinance enacting a revisionand codification of the general ordinances of ................ County.

2. The proposed county code may be adopted byreference and need not be read aloud to the board of county commissioners ifthe board:

(a) Files three or more copies of the proposed codewith the county clerk at least 1 week before final adoption of the ordinance.

(b) Publishes a notice of the filing in a newspaperhaving general circulation in the county at least 1 week before final adoptionof the ordinance stating that copies of the proposed code may be examined bythe general public at the office of the county clerk.

3. The ordinance adopting the county code must bepublished by title only once a week for a period of 2 weeks in a newspaperhaving general circulation in the county, and must state that copies of thecode may be examined by the general public at the office of the county clerk.

4. The ordinance adopting the county code takes effectafter:

(a) At least 25 copies of the code have beenreproduced;

(b) At least three copies of the code have been filedwith the county clerk; and

(c) The newspaper publication required by subsection 3has been completed.

(Added to NRS by 1961, 150; A 1983, 187)

NRS 244.118 Filingwith Librarian of Supreme Court Law Library. Twocopies of the county code shall be filed with the Librarian of the SupremeCourt Law Library after such code becomes effective.

(Added to NRS by 1961, 151; A 1971, 804; 1973, 424)

NRS 244.119 Amendmentand extension; procedure. The county code may,by ordinance regularly passed, adopted and published, be amended or extended.All general ordinances passed after the adoption of a county code shall be amendmentsor extensions thereof. No section of the code shall be amended by referenceonly, but the section, as amended, shall be reenacted and published at length.Three copies of any amendment or extension shall be filed with the county clerkand two copies of any amendment or extension shall be filed with the Librarianof the Supreme Court Law Library.

(Added to NRS by 1961, 151; A 1973, 424)

NEVADA ASSOCIATION OF COUNTY COMMISSIONERS

NRS 244.120 Membershipauthorized; budget; expenses.

1. The Board of Supervisors of Carson City and theboards of county commissioners of the several counties are authorized andempowered, in their discretion, to become members of the Nevada Association ofCounty Commissioners, heretofore organized, which organization is herebyconfirmed, and, for the purpose of paying their respective membership dues andexpenses of attending the annual meeting of the Association, the supervisors orcounty commissioners may include in the annual budget of their respectivegovernments the amount of money estimated to be necessary to pay such expenses.

2. The amount set forth in the budget shall beincluded in the annual tax levy for the county or Carson City under theprovisions of law regulating the fiscal management of counties, cities, towns,school districts and other governmental agencies found in chapter 354 of NRS.

3. Claims for such expenses shall be presented andallowed as now provided by law for other claims against the county or CarsonCity; but per diem and travel expenses shall be allowed as provided in NRS 245.060.

[1:54:1947; 1943 NCL 2046.01] + [2:54:1947; 1943NCL 2046.02] + [3:54:1947; 1943 NCL 2046.03](NRS A 1969, 321)

COUNTY MANAGERS

NRS 244.125 Appointment;compensation; removal.

1. The county commissioners of any county areauthorized to appoint a county manager and to fix the compensation for suchcounty manager.

2. The county manager shall hold his office at thepleasure of the board of county commissioners, and may be removed from officeby the board at any time.

[Part 1:221:1951](NRS A 1957, 279; 1963, 518, 1296)

NRS 244.130 Qualifications.

1. The county manager shall possess suchqualifications as the board of county commissioners may from time to timeestablish.

2. No person who is or has been an elected officer ofthe county shall be appointed county manager unless he has been out of officefor at least 1 year prior to the date of his appointment.

[Part 1:221:1951](NRS A 1957, 279)

NRS 244.135 Duties;employees and assistants.

1. The county manager shall perform suchadministrative functions of the county government as may be required of him bythe board of county commissioners.

2. He may, with the approval of the board of countycommissioners, appoint such assistants and other employees as are necessary tothe proper functioning of his office. The salaries of such assistants andemployees and other expenses of conducting the office of the county managershall be fixed and determined by the county manager with the consent andapproval of the board of county commissioners.

[2:221:1951](NRS A 1957, 279)

GENERAL POWERS

NRS 244.150 Levyof taxes. The boards of county commissionersshall have power and jurisdiction in their respective counties to levy, for thepurposes prescribed by law, such amount of taxes on the assessed value of realand personal property in the county as may be authorized by law.

[Part 8:80:1865; A 1871, 47; 1931, 52; 1933, 203;1953, 681]

NRS 244.1505 Expenditureof public money; grant of public money and donation of certain property tocertain nonprofit organizations or governmental entities.

1. A board of county commissioners may expend moneyfor any purpose which will provide a substantial benefit to the inhabitants ofthe county. Except as otherwise provided in subsection 4, the board may grantall or part of the money to a nonprofit organization created for religious,charitable or educational purposes to be expended for the selected purpose.

2. A board of county commissioners or its authorizedrepresentative may donate:

(a) Commodities, supplies, materials and equipment thatthe board determines to have reached the end of their useful lives; and

(b) Stolen or embezzled property for which the countytreasurer has obtained an order authorizing him to donate the property pursuantto subsection 6 of NRS 179.165,

to anonprofit organization created for religious, charitable or educational purposesor to another governmental entity, to be used for any purpose which will providea substantial benefit to the inhabitants of the county.

3. A grant or donation to a nonprofit organizationcreated for religious, charitable or educational purposes and a donation to agovernmental entity pursuant to this section must be made by resolution. Theresolution must specify:

(a) The purpose of the grant or donation;

(b) If applicable, the maximum amount to be expendedfrom the grant; and

(c) Any conditions or other limitations upon theexpenditure of the grant or the use of the donated property.

4. The provisions of this section do not limit the abilityof a board of county commissioners or its authorized representative to disbursemoney pursuant to NRS 321.5956 or anyother specific statutory authority.

5. As used in this section:

(a) Authorized representative has the meaningascribed to it in NRS 332.025.

(b) Nonprofit organization created for religious,charitable or educational purposes means an organization that meets therequirements set forth in NRS 372.3261.

(Added to NRS by 1981, 478; A 1987, 2306; 1989, 242; 1999, 1644, 3535; 2001, 368)

NRS 244.151 Departmentof public works: Creation; director and employees.

1. The boards of county commissioners of each of thecounties of the State may create a department of public works devoted primarilyto buildings and grounds facilities, engineering, buildings and safety,waterworks, sewers, sewage, garbage and refuse disposal facilities, publicsanitary facilities, works for the treatment and purification of water,recreational facilities and streets and access roads.

2. The county commissioners may appoint a director ofpublic works and may provide for the appointment of such other employees as arenecessary to carry out the functions of the department.

(Added to NRS by 1969, 676)

NRS 244.152 Publicworks: Countys powers subordinate to powers of Nevada Tahoe Regional PlanningAgency. [Effective upon proclamation by Governor of withdrawal of Californiafrom Tahoe Regional Planning Compact or of his finding that the Tahoe RegionalPlanning Agency has become unable to perform its duties or exercise itspowers.] In the region of this state for whichthere has been created by NRS 278.780 to278.828, inclusive, a regional planningagency, the powers of a county for the location and construction of all publicworks are subordinate to the powers of that regional planning agency.

(Added to NRS by 1969, 51; A 1979, 1133, effectiveupon proclamation by Governor of withdrawal of California from Tahoe RegionalPlanning Compact or of his finding that the Tahoe Regional Planning Agency hasbecome unable to perform its duties or exercise its powers)

NRS 244.153 Publicworks: Countys powers subordinate to powers of regional planning agency. In any region of this state for which there has beencreated by interstate compact a regional planning agency, the powers of acounty for the location and construction of all public works are subordinate tothe powers of such regional planning agency.

(Added to NRS by 1968, 13; became effective uponproclamation by the Governor of the enactment of the Tahoe Regional PlanningCompact by the State of California and its approval by the Congress of theUnited States)

NRS 244.154 Planning,subdivision regulation and zoning: Countys powers subordinate to limits upondevelopment established by Red Rock Canyon Conservation Area and Adjacent LandsAct. In the region of this state for which theRed Rock Canyon Conservation Area and Adjacent Lands Act establishes limitsupon development, the powers conferred by this chapter which relate toplanning, subdivision regulation and zoning are subordinate to those limits.

(Added to NRS by 2003, 596)

NRS 244.155 Roadsand bridges. The boards of countycommissioners shall have power and jurisdiction in their respective counties tolay out, control and manage public roads, turnpikes, ferries and bridges withinthe county, in all cases where the law does not prohibit such jurisdiction, andto make such orders as may be necessary and requisite to carry its control andmanagement into effect.

[Part 8:80:1865; A 1871, 47; 1931, 52; 1933, 203;1953, 681]

NRS 244.157 Improvements:Countys powers same as those of general improvement district.

1. Subject to the conditions imposed in subsection 2,the board of county commissioners of any county of this state may exercise anyof the powers in any unincorporated area within its county that a board oftrustees of any general improvement district, if organized, would be permittedto exercise pursuant to the provisions of chapter318 of NRS.

2. A board of county commissioners may exercise thepowers authorized under subsection 1 only upon compliance with the sameprocedures that a board of trustees of a general improvement district would berequired to follow for the same class of improvements within an improvementdistrict. This subsection does not apply if the exercise of powers authorizedunder subsection 1 is required by a federal law or a regulation issuedthereunder.

(Added to NRS by 1975, 467; A 1977, 536)

NRS 244.160 Careof indigent sick persons. The boards of countycommissioners shall have power and jurisdiction in their respective counties totake care of and provide for the indigent sick of the county in such a manneronly as is or may be provided by law.

[Part 8:80:1865; A 1871, 47; 1931, 52; 1933, 203;1953, 681]

NRS 244.1605 Provisionof medical facilities and services in outlying areas. Theboards of county commissioners may:

1. Establish, equip and maintain limited medicalfacilities in the outlying areas of their respective counties to provideoutpatient care and emergency treatment to the residents of and those fallingsick or being injured or maimed in those areas.

2. Provide a full-time or part-time staff for thefacilities which may include a physician, a licensed physician assistant, aregistered nurse or a licensed practical nurse, a certified emergency medicaltechnician and such other personnel as the board deems necessary or appropriateto ensure adequate staffing commensurate with the needs of the area in whichthe facility is located.

3. Fix the charges for the medical and nursing careand medicine furnished by the facility to those who are able to pay for them,and to provide that care and medicine free of charge to those persons whoqualify as medical indigents under the countys criteria of eligibility formedical care.

4. Purchase, equip and maintain, either in connectionwith a limited medical facility as authorized in this section or independenttherefrom, ambulances and ambulance services for the benefit of the residentsof and those falling sick or being injured or maimed in the outlying areas.

(Added to NRS by 1973, 1062; A 1987, 2219; 1997, 689;2001, 778)

NRS 244.1607 Establishmentof neighborhood justice center; services to be provided; authorization tocharge fee; financial support; report of activities for distribution toLegislature.

1. The board of county commissioners:

(a) In a county whose population is 100,000 or moreshall establish a neighborhood justice center.

(b) In a county whose population is less than 100,000may establish a neighborhood justice center.

Aneighborhood justice center must be closely modeled after the program establishedby the American Bar Association for multi-door courthouses for the resolutionof disputes.

2. Except as otherwise provided in subsection 3, aneighborhood justice center must provide, at no charge:

(a) A forum for the impartial mediation of minordisputes including, but not limited to, disputes between landlord and tenant,neighbors, family members, local businesses and their customers, hospitals andtheir patients, and governmental agencies and their clients, except whereprohibited by federal law.

(b) A system of providing information concerning theresolution of disputes and the services available in the community.

(c) An efficient and effective referral system whichassists in the resolution of disputes and otherwise guides the client to theappropriate public or private agency to assist in the resolution of theparticular dispute, including referrals to the justices of the peace, municipalcourts, lawyer referral systems, legal aid services, district attorney, cityattorneys, district courts, mental health services, other alternative methodsof resolving disputes and other governmental and private services.

3. A board of county commissioners that hasestablished a neighborhood justice center may authorize the center to charge afee for:

(a) Services which are provided relating to the resolutionof complex cases; and

(b) Training provided by the center.

4. A neighborhood justice center must be supportedfrom the money in the account for dispute resolution in the county general fundand any gifts or grants received by the county for the support of the center.

5. A board of county commissioners that hasestablished a neighborhood justice center shall submit a report to the Directorof the Legislative Counsel Bureau for distribution to each regular session ofthe Legislature on or before March 1 of each odd-numbered year. The report mustinclude a summary of the number and type of cases mediated, referred andresolved by the center during the previous biennium. The report must alsocontain suggestions for any necessary legislation to improve the effectivenessand efficiency of the center.

(Added to NRS by 1991, 920; A 1993, 1212, 1213; 1997,2363)

NRS 244.161 Promotionof civil and equal rights. In addition topowers elsewhere conferred upon counties, any county may institute a program ofdiscussion and conciliation for the realization of civil and equal rights ofresidents of the county.

(Added to NRS by 1969, 772)

NRS 244.1615 Institutionof program or sponsorship of activity to increase participation in publicpolicy and government. A board of countycommissioners may institute a program or sponsor an activity, event or anyother action designed to increase the extent and quality of participation ofthe residents of the county in the development of public policy and theimprovement of the operation of government at all levels. The board may submita report of any action taken pursuant to this section to the repository createdpursuant to NRS 378.400.

(Added to NRS by 1997, 3276)

NRS 244.162 Rehabilitationof delinquent children. The board of countycommissioners may establish, in any county where funds are expended under theprovisions of NRS 62G.400 to 62G.470, inclusive, special supervisionprograms for the rehabilitation of delinquent children in accordance with theprovisions of NRS 62G.400 to 62G.470, inclusive.

(Added to NRS by 1971, 379; A 2003, 1130)

NRS 244.163 Countycoroner: Creation of office by ordinance; appointment, qualifications andduties; punishment for offenses.

1. The boards of county commissioners in theirrespective counties may create by ordinance the office of the county coroner,prescribe his qualifications and duties and make appointments to the office.

2. Any coroner so appointed is governed by theordinances pertaining to such office which may be enacted by the board ofcounty commissioners, and the provisions of NRS259.025 and 259.150 to 259.180, inclusive.

3. The boards of county commissioners shall requirethat the county coroner notify a decedents next of kin without unreasonabledelay.

4. For any offense relating to the violation orwillful disregard of such duties or trusts of office as may be specified by therespective boards of county commissioners, all coroners holding office byappointment pursuant to this section are subject to such fines and criminalpenalties, including misdemeanor penalties and removal from office byindictment, accusation or otherwise, as the ordinance prescribes. Thissubsection applies to all deputies, agents, employees and other personsemployed by or exercising the powers and functions of the coroner.

(Added to NRS by 1963, 197; A 1965, 1274; 1969, 665;1973, 899; 1979, 1371; 2005,1062)

NRS 244.164 Registrarof voters: Creation of office; appointment, qualifications, powers and duties.

1. In each county having a population of 100,000 ormore, the board of county commissioners may create the office of registrar ofvoters, prescribe the qualifications, duties and compensation of that officeand make appointments to that office.

2. The registrar of voters, upon appointment asprovided in subsection 1, shall assume all of the powers and duties vested inand imposed upon the county clerk of the county with respect to elections,except the duties imposed by virtue of NRS293.393 to make out and deliver certificates of election.

(Added to NRS by 1965, 669; A 1969, 1533; 1973, 1079;1979, 510)

NRS 244.165 Prosecutionand defense of suits. The boards of countycommissioners shall have power and jurisdiction in their respective counties tocontrol the prosecution or defense of all suits to which the county is a party.

[Part 8:80:1865; A 1871, 47; 1931, 52; 1933, 203;1953, 681]

NRS 244.167 Employmentof security officers. A board of county commissionersmay employ security officers.

(Added to NRS by 1985, 257; A 1993, 2529)

NRS 244.170 Rewardsfor apprehension or conviction of defaulting or absconding county or townshipofficers. The boards of county commissionersshall have power and jurisdiction in their respective counties to offer andallow rewards for the apprehension or conviction of defaulting or abscondingcounty or township officers.

[Part 8:80:1865; A 1871, 47; 1931, 52; 1933, 203;1953, 681]

NRS 244.175 Rewardsfor apprehension of murderers.

1. When it shall come to the personal knowledge of thecounty commissioners, or a majority thereof, of any of the counties in thisstate, that the crime of murder has been committed in the county, or wheneverone or more of the residents of the county shall state in writing and underoath that such crime has been committed in the county, and that to the best oftheir knowledge and belief the person or persons, whether known or unknown,committing the crime have not, at the time of making such statement, beenapprehended or taken into custody, and the board, from such statement or otherevidence, believes that a murder has been committed, and that the offering of areward would tend to cause the arrest of the perpetrator or perpetrators of thecrime, the board of county commissioners, or a majority thereof, is authorizedto offer a reward for the arrest and safe delivery of such criminal orcriminals to the proper officers.

2. In no case shall a reward be offered, as providedin this section, for more than $500 in each case, and such offer shall expire sosoon as the board of county commissioners offering the reward shall make anorder to that effect, which it is authorized and empowered to do at any generalsession or at a special session convened without notice, and shall cause thesame to be entered in the minutes of proceedings.

3. No reward shall be offered as herein authorizeduntil after an order shall have been made by the board and entered in theminutes of proceedings, reciting the name of the person or persons murdered,and the amount of the reward offered, and the order shall have been approved bythe board and attested in the usual manner of attesting the minutes of theproceedings in other cases.

4. All claims for rewards, as provided for in thissection, shall be allowed and paid as other claims against the county, underthe direction of the county commissioners, as provided for by law.

[1:65:1869; B 3106; BH 2022; C 2172; RL 3906;NCL 6721] + [2:65:1869; B 3107; BH 2023; C 2173; RL 3907; NCL 6722]

NRS 244.180 Indexingof records and proceedings.

1. The board of county commissioners of the severalcounties may, in their discretion, cause to be compiled a full and completealphabetical index and page citation of and for all of its records andproceedings, where the same do not now exist, and are not now, or may nothereafter be, otherwise enjoined by law to be compiled and kept.

2. Should the cost for compiling the index and pagecitation in any case amount to the sum of $500, such compilation shall be letand done by contract by the lowest and best bidder therefor, as is now providedfor by law. Otherwise, the same may be done by such responsible person orpersons as the board may employ for that purpose. The compilation whencompleted shall be subject to the approval of the board, and payment thereforshall be a valid and subsisting claim against the county, and shall be allowed,approved and paid in such manner as is now provided by law.

[1:122:1909; RL 1560; NCL 2035] + [2:122:1909; RL 1561; NCL 2036]

NRS 244.183 Specialcensus.

1. If any board of county commissioners determinesthat it is advisable to have a special census taken, it may contract with theBureau of the Census of the United States Department of Commerce to have aspecial census conducted under federal supervision.

2. The necessary expenses of the special census shallbe paid by the county, and upon obtaining an estimate of the cost of suchspecial census the board of county commissioners shall budget such cost in thesame manner as other items of the budget.

(Added to NRS by 1963, 1302)

NRS 244.186 Saleof video programming services over community antenna television system:Prohibitions; enforcement; remedy not exclusive.

1. If the governing body of a county is authorizedpursuant to NRS 711.175 to sell videoprogramming services to the general public over a community antenna televisionsystem, the governing body, and any entity or agency that is directly orindirectly controlled by the county, shall not do any of the following:

(a) Sell such video programming services at a pricethat is less than the actual cost of the video programming services or sell abundle of services containing such video programming services at a price thatis less than the actual cost of the bundle of services.

(b) Use any money from the county general fund for theprovision of such video programming services over its community antennatelevision system.

(c) Use its rights-of-way, its property or any specialpower it may possess by virtue of its status as a government or agovernment-owned utility to:

(1) Create a preference or advantage for itscommunity antenna television system; or

(2) Impose any discriminatory burden on anyprivately held community antenna television company.

2. The provisions of this section must be enforced inthe manner set forth in paragraph (c) of subsection 4 of NRS 354.624 and paragraph (c) of subsection5 of NRS 354.624.

3. The provisions of this section do not create anexclusive remedy and do not abrogate or limit any other action or remedy thatis available to the governing body or a privately held community antennatelevision company pursuant to any other statute or the common law.

4. As used in this section:

(a) Community antenna television company has themeaning ascribed to it in NRS 711.030.

(b) Community antenna television system has themeaning ascribed to it in NRS 711.040.

(c) Video programming services means services whichare provided over a community antenna television system and which contain:

(1) Programming provided by a televisionbroadcast station; or

(2) Programming that is generally consideredcomparable to programming provided by a television broadcast station.

(Added to NRS by 2003, 1230)

NRS 244.187 Displacementor limitation of competition: Services. Aboard of county commissioners may, to provide adequate, economical and efficientservices to the inhabitants of the county and to promote the general welfare ofthose inhabitants, displace or limit competition in any of the following areas:

1. Ambulance service.

2. Taxicabs and other public transportation, unlessregulated in that county by an agency of the State.

3. Collection and disposal of garbage and other waste.

4. Operations at an airport, including, but notlimited to, the leasing of motor vehicles and the licensing of concessionstands, but excluding police protection and fire protection.

5. Water and sewage treatment, unless regulated inthat county by an agency of the State.

6. Concessions on, over or under property owned orleased by the county.

7. Operation of landfills.

8. Except as otherwise provided in NRS 373.1183, construction and maintenanceof benches and shelters for passengers of public mass transportation.

(Added to NRS by 1960, 433; A 1971, 1372; 1975, 569;1985, 1240; 1989, 994; 2005,2319)

NRS 244.188 Displacementor limitation of competition: Areas in which authorized; methods; limitation.

1. Except as otherwise provided in subsection 3 and NRS 269.128 and 269.129, a board of county commissionersmay, outside the boundaries of incorporated cities and general improvementdistricts:

(a) Provide those services set forth in NRS 244.187 on an exclusive basis or, byordinance, adopt a regulatory scheme for controlling the provision of thoseservices or controlling development in those areas on an exclusive basis; or

(b) Grant an exclusive franchise to any person toprovide those services.

2. If services for the collection and disposal ofgarbage are provided pursuant to subsection 1, the board of countycommissioners may, except as otherwise provided in subsection 3, require ownersof real property outside the boundaries of incorporated cities and generalimprovement districts to receive and pay for those services.

3. The board of county commissioners may exercise theauthority provided in subsections 1 and 2 within the boundaries of a generalimprovement district if that district:

(a) Is not authorized to provide those services; and

(b) Includes any real property within 7 miles from theboundary of an incorporated city.

4. If an exclusive franchise is granted or aregulatory scheme is adopted for the mandatory collection and disposal ofgarbage and other waste, the initial boundaries of the collection area must bethe same as the boundaries of an existing collection area under an exclusivefranchise or regulatory scheme.

5. The board of county commissioners may expand theboundaries of a collection area established pursuant to subsection 4 after theboard has:

(a) Conducted preliminary studies and determined thatthe proposed collection area is economically sound and feasible and promotesthe health, safety and general welfare of the inhabitants of the county; and

(b) Held a public hearing on the proposed collectionarea after giving notice of the time and the place of the hearing in anewspaper of general circulation in that county. The notice must include thepurpose of the hearing and describe the boundaries of the proposed collectionarea.

(Added to NRS by 1985, 1241; A 1987, 127; 1991, 900; 2001, 846)

NRS 244.189 Developmentof affordable housing, control and protection of animals, and rehabilitation ofcertain residential property; taxes; civil penalty in lieu of criminal penalty.

1. Except as otherwise provided in subsection 2 and inaddition to any other powers authorized by specific statute, a board of countycommissioners may exercise such powers and enact such ordinances, not inconflict with the provisions of NRS or other laws or regulations of this state,as the board determines are necessary and proper for:

(a) The development of affordable housing;

(b) The control and protection of animals;

(c) The rehabilitation of rental property inresidential neighborhoods; and

(d) The rehabilitation of abandoned residentialproperty.

2. The board of county commissioners shall not imposeor increase a tax unless the tax or increase is otherwise authorized byspecific statute.

3. The board of county commissioners may, in lieu of acriminal penalty, provide a civil penalty for a violation of an ordinanceenacted pursuant to this section unless state law provides a criminal penaltyfor the same act or omission.

(Added to NRS by 2001, 966)

NRS 244.190 Cooperativeagreements for modification of weather; expenses.

1. The boards of county commissioners of the variouscounties are empowered to enter into cooperative agreements with the State ofNevada, other counties of this state, or any private or public organization,and with private concerns engaged in weather modification (cloud seeding)operations.

2. The expenses incident and necessary for theparticipation of counties in such cooperative program, as provided insubsection 1, shall be paid out of the general funds of such counties, and theboard of county commissioners of any county acting under the terms of thissection shall annually, at the time of making its budget, make an estimate ofthe expenses necessary to carry out its agreement, under the provisions of thissection, and budget the same, in all respects, as other items of the budget maybe made.

3. All agreements for cooperation between the State ofNevada and the counties, and with any private organization as set forth insubsection 1, shall be evidenced by written agreements made and entered into bythe boards of county commissioners interested, and the same shall be spreadupon the minutes of each of the boards at the time of the adoption thereof.

4. All action taken and all proceedings adopted priorto March 2, 1955, by the boards of county commissioners of Pershing, Lander,Eureka, Humboldt, Elko and White Pine counties, relating to weathermodification (cloud seeding), are ratified, approved and confirmed.

[1:26:1955] + [2:26:1955] + [3:26:1955] + [4:26:1955]

NRS 244.194 Votingor counting devices: Rental, lease or other acquisition. Boards of county commissioners may rent, lease orotherwise acquire voting or counting devices in whatever manner will best servelocal interests.

(Added to NRS by 1965, 615; A 1975, 570; 1977, 240)

NRS 244.1945 Advisoryboards: Establishment; travel expenses.

1. The board of county commissioners of any county mayestablish by ordinance advisory boards for any purpose relating to the countyabout which the board desires study or advice.

2. Members of such an advisory board are entitled toreceive such travel expenses as are authorized in the ordinance thatestablished the advisory board.

(Added to NRS by 1979, 351; A 2001, 477)

NRS 244.195 Otherpowers. The boards of county commissionersshall have power and jurisdiction in their respective counties to do andperform all such other acts and things as may be lawful and strictly necessaryto the full discharge of the powers and jurisdiction conferred on the board.

[Part 8:80:1865; A 1871, 47; 1931, 52; 1933, 203;1953, 681]

FINANCIAL POWERS

NRS 244.200 Examinationand audit: Officers accounts; money and property entrusted to and fees orcompensation received by public administrators. Theboards of county commissioners shall have power and jurisdiction in theirrespective counties to examine and audit:

1. The accounts of all officers having the care,management, collection or disbursement of any money belonging to the county orappropriated by law, or otherwise, for its use and benefit; and

2. The money and property entrusted to the care of,and the fees or compensation received by the public administrators of therespective counties in their several official capacities.

[Part 8:80:1865; A 1871, 47; 1931, 52; 1933, 203;1953, 681](NRS A 1977, 459; 2003, 2650)

NRS 244.205 Examinationand allowance of accounts. The boards ofcounty commissioners shall have power and jurisdiction in their respectivecounties to examine, settle and allow all accounts legally chargeable againstthe county, in the manner provided in this chapter.

[Part 8:80:1865; A 1871, 47; 1931, 52; 1933, 203;1953, 681]

NRS 244.207 Centralreceiving and disbursing systems for county money.

1. Notwithstanding any other provision of law, theboards of county commissioners in their respective counties may establish byordinance central receiving and disbursing systems for the handling of countymoney and money held in trust by the county or by any of its elected orappointed officers. Such systems may include, but are not limited to, thefollowing:

(a) The commingling of all the money from any source ifthe accounting system employed supplies full information concerning the sourcesof the money.

(b) The elimination of departmental accounts in aninsured bank, credit union or savings and loan association by commingling themoney in an account or accounts maintained by the county treasurer.

(c) The elimination of trust accounts in a bank orcredit union, created for any reason as long as adequate records are maintainedto identify fully all trust money. The money previously held in such trustaccounts may be commingled with other money held in accounts maintained in abank or credit union by the county treasurer.

(d) The centralization of all disbursing of all money,including trust money, if the accounting system employed supplies fullinformation concerning the disposition of the money.

(e) The centralization of part or all of billing andcollection aspects of business licenses, personal property and any otheractivity of any of the offices of the county that involves billing forservices, taxes or fees imposed by statute or ordinance, or the collection ofmoney in payment of such billings.

(f) In a county whose population is 100,000 or more,the centralization of part or all of the billing and collection aspects of anyfine, fee, bail or forfeiture imposed by a court and any payment ordered by acourt pursuant to NRS 178.3975.

2. Investment income from the commingled money must becredited to the general fund of the county if other provisions of law orcontract do not require other allocation of the investment income.

3. This section does not:

(a) Eliminate the reporting requirements of variouselected and appointed officials relating to the receipt and disposition ofmoney.

(b) Limit the right of a local government as defined inNRS 354.474, but not including a county,whose money is held in trust by the county to direct the receipt, disbursementand investment of its money independently of the system provided for in thissection, where the independent direction is otherwise authorized by law.

(Added to NRS by 1973, 1676; A 1975, 278, 1796; 1979,1882; 1991, 449; 1999,1463)

NRS 244.210 Demands:Cumulative voucher sheets; allowance.

1. In any county in which a county comptroller has notbeen appointed, every demand against the county, except the salaries of theelective officers of the county whose salaries are fixed by law, must be actedupon by the county commissioners. The demands must be listed on cumulativevoucher sheets and a copy presented to each of the members of the board ofcounty commissioners present at their meeting, and mailed to any absent member.When the demands have been approved by a majority of the board of countycommissioners, and the cumulative voucher sheets have been signed by thechairman and secretary of the board, the demands are valid vouchers upon whichthe county auditor may issue warrants on the county treasurer to be paid out ofmoney belonging to the county.

2. The county auditor shall satisfy himself whetherthe money is legally due and remains unpaid, and whether its payment from thetreasury is authorized by law, and out of what fund.

3. If the county auditor allows a demand, he shallendorse upon it the word allowed, with the name of the fund out of which itis payable, with the date of the allowance, and sign his name to it, and drawhis warrant on the county treasury for the amount allowed.

4. No demand may be approved or allowed unless eachitem, date and value composing it is endorsed by the order of the board ofcounty commissioners, together with a reference to the law, order, contract orauthority by title, date and section authorizing the demand.

5. In any county in which a county comptroller hasbeen appointed:

(a) Every demand against the county, except thesalaries of the elective officers of the county whose salaries are fixed bylaw, contested claims, and requests for refunds payable out of budgetedappropriations, must be listed on cumulative voucher sheets and audited by thecounty comptroller. The county comptroller shall satisfy himself whether themoney demanded is legally due and remains unpaid, and whether its payment isauthorized by law. If the demands qualify for payment, warrants must be drawnon the county treasurer in accordance with the listing of the demands on thevoucher sheets. The warrants and voucher sheets must be signed by the countycomptroller and the county treasurer. A signed copy of the cumulative vouchersheets must be forwarded by the county treasurer to the board of countycommissioners.

(b) Demands against the county based on contestedclaims or requests for refunds payable out of budgeted appropriations must beacted on in accordance with the procedure prescribed in this section for countiesin which no comptroller has been appointed.

6. In any county in which a metropolitan policedepartment has been created, demands against that department must be acted onpursuant to NRS 280.250.

[9:80:1865; A 1935, 385; R 1945, 340; A 1951,131](NRS A 1959, 421; 1979, 372; 1981, 216)

NRS 244.215 Procedurewhen county auditor or county comptroller refuses demand.

1. In any county in which a county comptroller has notbeen appointed, the county auditor shall sign no warrant authorizing thepayment of money by the county treasurer, except for the salary of the countyauditor, until a copy of the order of the board of county commissioners,allowing the amount and ordering its payment, together with the account, havebeen submitted to him, and his allowance endorsed on the order, unless thecounty auditor refuses to audit and allow the demand, in which case the ordermust be presented to the board of county commissioners, with a copy of therefusal of the county auditor endorsed, and his reasons for the refusal.

2. In any county in which a county comptroller hasbeen appointed, if the county comptroller refuses a demand either entirely orin part as not being a proper claim against the county, he shall present thedemand to the board of county commissioners with an endorsed copy of therefusal and his reason for the refusal.

3. Should the board order the issuance of the warrantby a unanimous vote of its members, the county auditor shall immediately issuethe warrants upon service upon him of a copy of the order of the board,certified to by the clerk of the board, that all the members voted for itspassage; otherwise, the account must be declared rejected, and no warrant maybe issued for payment of the demand.

4. If the county auditor allows the account in part, awarrant shall only issue for that part, unless the board, by a similarunanimous vote, allows a greater sum.

5. No warrant may be drawn by the county auditor onthe county treasurer on any fund, unless there is sufficient money in the fundat the time to pay the warrant; and any warrant drawn contrary to theprovisions of this section is void for all purposes.

[10:80:1865; B 3079; BH 1951; C 2113; RL 1510; NCL 1944](NRS A 1979, 373)

NRS 244.220 Conditionsprecedent to approval of demand: Indebtedness deducted; compliance; exception.

1. Except as provided in subsection 2, no demand uponthe treasury shall be approved by the board of county commissioners or allowedby the county auditor:

(a) In favor of any person or officer in any mannerindebted to the county, without first deducting the amount of suchindebtedness.

(b) To any person or officer having the collection,custody or disbursement of public funds, unless his account has been dulypresented, passed, approved and allowed as required by law.

(c) To any officer who shall have neglected or refusedto comply with any of the provisions of this chapter or any other lawregulating the duties of such officer, on being required, in writing, to complytherewith by any member of the board of county commissioners.

2. Nothing contained in subsection 1 shall beconstrued to prohibit the making of cash grants to poor persons authorized by NRS 428.030 prior to approval by the boardof county commissioners or allowance by the county auditor.

[12:80:1865; B 3081; BH 1953; C 2115; RL 1512; NCL 1946](NRS A 1973, 1107)

NRS 244.225 Publicationof financial statement. The board of countycommissioners shall publish quarterly a statement of the receipts andexpenditures of the 3 months next preceding, and the accounts allowed.Publications shall be made by making one insertion of the statement in anewspaper published in the county, but if no newspaper be published in thecounty, then such publication shall be made by posting a copy of the statementat the courthouse door and at two other public places in the county.

[Part 15:80:1865; B 3084; BH 1956; C 2118; RL 1515; NCL 1948]

NRS 244.230 Authorizeddebts and liabilities only to be created. Theboard of county commissioners shall not for any purpose contract debts orliabilities, except those expressly authorized by law. Whenever debts orliabilities have been created, which, added to the salaries of county officersand other estimated liabilities, fixed by law for the remainder of the year,shall equal the money on hand in the treasury at the time applicable to thepayment of such salaries and other fixed liabilities, no allowance shall bemade of any account, nor shall any expense be incurred other than salaries andfees and fixed liabilities, expressly authorized by law, during the remainderof the year.

[16:80:1865; A 1893, 120; C 2119; RL 1516; NCL 1949]

NRS 244.235 Districtattorney to attend board meetings when accounts and claims audited; restrictionon presentation of claim by district attorney.

1. As provided in NRS252.170, the district attorney shall attend the sittings of the board ofcounty commissioners when engaged in auditing accounts and claims broughtagainst the county, and shall oppose such accounts and claims as he may deemillegal, unjust or extortionate.

2. As provided in NRS252.180, he shall not be allowed to present any claim, account or demandfor allowance against the county, or in any way to advocate the relief asked onthe claim or demand made by another.

[Part 20:80:1865; B 3088; BH 1960; C 2122; RL 1519; NCL 1952] + [Part 21:80:1865; B 3089; BH 1961; C 2123; RL 1520;NCL 1953]

NRS 244.240 Residenttaxpayer may file written objection to allowance of claim; action by board.

1. Any person being a resident and taxpayer of thecounty may appear before and file with the board of county commissioners of thecounty wherein he resides written objections to the allowance of any claim orclaims, demand or demands against the county.

2. Such objections in writing shall properly describethe claims or demands to which objections are made. The board of countycommissioners shall file the same and embody such objections in the record oftheir proceedings, and lay such claims or demands on the table for a definiteperiod of time, not less than 10 days, at the expiration of which time theboard may proceed to consider the claims or demands objected to, together withthe objections, unless proceedings have been instituted in a court of competentjurisdiction to determine the validity of such claims or demands.

[22:80:1865; A 1893, 120; C 2124; RL 1521; NCL 1954]

NRS 244.245 Recoveryof costs in action against county. If a partysuing a county recovers in the action more than the board of countycommissioners allowed, or offered to allow, the board and the county auditorshall allow the amount of the judgment and costs as a just claim against thecounty. If the party suing does not recover more than the board and the countyauditor offered to allow him, then costs must be recovered against him by thecounty, and may be deducted from the demand.

[24:80:1865; B 3092; BH 1964; C 2126; RL 1523; NCL 1956](NRS A 1981, 1887)

NRS 244.250 Unauditedclaims to be presented within 6 months.

1. All unaudited claims or accounts against any countyshall be presented to the board of county commissioners within 6 months fromthe time such claims or accounts become due or payable.

2. No claim or account against any county shall beaudited, allowed or paid by the board of county commissioners, or any otherofficer of the county, unless the provisions of subsection 1 are strictlycomplied with.

[25:80:1865; A 1945, 21; 1943 NCL 1957] +[26:80:1865; B 3094; BH 1966; C 2128; RL 1525; NCL 1958](NRS A 1971,865)

NRS 244.255 Rejectedclaim not to be reconsidered. No claim whichhas once been presented and rejected shall ever again be considered or allowedby the same, or any subsequently elected or appointed, board of countycommissioners of the same county.

[27:80:1865; B 3095; BH 1967; C 2129; RL 1526; NCL 1959]

ORGANIZATIONS FOR ECONOMIC DEVELOPMENT

NRS 244.264 Confidentialityof records or other documents.

1. An organization for economic development formed byone or more counties shall, at the request of a client, keep confidential anyrecord or other document in its possession concerning the initial contact withand research and planning for that client. If such a request is made, theexecutive head of the organization shall attach to the file containing therecord or document a certificate signed by him stating that a request forconfidentiality was made by the client and showing the date of the request.

2. Records and documents that are confidentialpursuant to subsection 1 remain confidential until the client:

(a) Initiates any process regarding the location of hisbusiness in a county that formed the organization for economic developmentwhich is within the jurisdiction of a governmental entity other than theorganization for economic development; or

(b) Decides to locate his business in a county thatformed the organization for economic development.

(Added to NRS by 1995, 2197)

COUNTY PROPERTY

NRS 244.265 Careand preservation of property. The boards ofcounty commissioners shall have power and jurisdiction in their respectivecounties to make orders respecting the property of the county in conformitywith any law of this State, and to take care of and preserve such property.

[Part 8:80:1865; A 1871, 47; 1931, 52; 1933, 203;1953, 681]

NRS 244.270 Control,management and gifts of property. The boardsof county commissioners shall have power and jurisdiction in their respectivecounties to control and manage the property, real and personal, belonging tothe county, and to receive, by donation, any property for the use and benefitof the county.

[Part 8:80:1865; A 1871, 47; 1931, 52; 1933, 203;1953, 681]

NRS 244.273 Useof countys equipment on private road; conditions. Theboard of county commissioners of each county may authorize the use of countyhighway patrols and snowplows on private roads if:

1. The board declares an emergency; or

2. The board deems such use to be in the best interestof the county. The board shall not deem such use to be in the best interest ofthe county unless:

(a) The equipment is being used for routine countybusiness in the area where the private roads are located; and

(b) The use of the equipment on private roads does notinterfere with the normal operations of the county.

If the boardauthorizes the use of a county highway patrol or snowplow on a private roadpursuant to this section, the equipment must be operated by an employee of thecounty. The board may require the owner of the road to pay the county the prevailingrental rate for the use of such equipment.

(Added to NRS by 1959, 496; A 1995, 68)

NRS 244.275 Purchaseor lease of property for use of county; appraisal.

1. The boards of county commissioners shall have powerand jurisdiction in their respective counties:

(a) To purchase any real or personal property necessaryfor the use of the county.

(b) To lease any real or personal property necessaryfor the use of the county.

2. No purchase of real property shall be made unlessthe value of the same has been previously appraised and fixed by one or morecompetent real estate appraisers to be appointed for that purpose by the countycommissioners. The person or persons so appointed shall be sworn to make a trueappraisement thereof according to the best of their knowledge and ability.Purchases of real property from other federal, state or local governments areexempt from such requirement of appraisement.

[Part 8:80:1865; A 1871, 47; 1931, 52; 1933, 203;1953, 681](NRS A 1957, 662; 1960, 374; 1965, 737; 1967, 126; 1969, 676, 1393;1975, 570)

NRS 244.276 Purchase,sale or exchange of property with owners abutting road or flood controlfacility to adjust road or flood control facility; reversion of property acquiredby dedication.

1. Except as otherwise provided in subsection 2, anycounty may buy, sell or exchange property in the manner set forth in subsection3 without complying with the provisions of NRS244.281 when deemed necessary or proper to establish, align, realign,change, vacate or otherwise adjust a street, alley, avenue or other thoroughfare,or portion thereof, or a flood control facility within its limits.

2. If the county acquired the property by dedication,the property may not be sold and ownership must revert to the abutting propertyowners in the proportion that the property was dedicated by them or theirpredecessors in interest. In the case of realignment, the property may beexchanged for other real property.

3. When a petition signed by all property holdersowning or controlling property abutting on a proposed or existing street,avenue, alley or other thoroughfare, or a flood control facility, which may beaffected by an establishment, alignment, realignment, change, vacation or otheradjustment is presented to any board of county commissioners, praying to havethe proposed or existing street, alley, avenue or other thoroughfare, or theflood control facility, established, aligned, realigned, changed, vacated orotherwise adjusted, or upon the resolution of the board of county commissioners,the board of county commissioners may make the establishment, alignment,realignment, change, vacation or other adjustment as it may deem proper, by purchase,sale, proceedings in eminent domain or exchange of county property, includingportions of streets, alleys, avenues or other thoroughfares, or flood controlfacilities, in order to carry out any necessary establishment, alignment,realignment, change, vacation or other adjustment whenever the board of countycommissioners considers it to be in the best interests of the county.

4. As used in this section, flood control facilitymeans any natural or artificial water facility for the collection, channeling,impoundment and disposal of rainfall, other surface and subsurface drainagewaters, and storm and floodwaters, including, without limitation, ditches,ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs,canals, channels, levees, revetments, dikes, walls, embankments, bridges,inlets, outlets, connections, laterals, other collection lines, interceptingsewers, outfalls, outfall sewers, trunk sewers, force mains, submains, waterlines, sluices, flumes, syphons, sewer lines, pipes, conduits, culverts, othertransmission lines, pumping stations, gauging stations, ventilating facilities,stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes,manholes, other inlet and outlet structures, apparatus, fixtures, structuresand buildings, flood-warning service and appurtenant telephone, telegraph,radio and television apparatus, and other water diversion facilities.

(Added to NRS by 1967, 268; A 1969, 677; 1977, 627,1987, 204; 2003, 422)

NRS 244.277 Acceptanceof grant of right-of-way, permit, lease or patent over certain federal lands. The board of county commissioners may apply for andaccept:

1. Grants of rights-of-way, permits, leases andpatents and subsequent renewals of grants of rights-of-way, permits, leases andpatents over, upon, under or through any land or interest in land owned by theUnited States and administered by the Secretary of the Interior through theBureau of Land Management and by the Secretary of Agriculture with respect tolands within the National Forest System, pursuant to Title V of the FederalLand Policy and Management Act of 1976, 43 U.S.C. 1761-1771, and theRecreation and Public Purposes Act, 43 U.S.C. 869-869-4; and

2. Special use permits for parks, forests and publicproperty owned by the United States and administered by the Secretary ofAgriculture, through the United States Forest Service, pursuant to Title 16 ofthe United States Code and 36 C.F.R. Part 251,

and inconnection therewith may comply with federal regulations and stipulationsconsistent with the federal statutes and regulations set forth in this sectionor any other applicable federal statute or regulation.

(Added to NRS by 1977, 355; A 2003, 825)

NRS 244.278 Maintenanceand repair of dedicated streets or easements acquired by general improvementdistrict.

1. Except as provided in subsection 5, when streets oreasements acquired by a district organized or reorganized pursuant to chapter 318 of NRS have been accepted fordedication by a board of county commissioners pursuant to NRS 278.380 and 278.390, the board of county commissionersshall:

(a) Maintain and repair such streets or easements; or

(b) Pay the board of trustees of such district for themaintenance and repair of such streets or easements.

2. If the board of county commissioners maintains andrepairs the streets or easements, it shall do so in the same manner as other streetsor easements are maintained or repaired by the county.

3. If the board of county commissioners pays a boardof trustees for such maintenance and repair, the amount of money paid shall bethat fraction of the total money allocated to the county pursuant to NRS 365.550 which equals the ratio of thetotal miles of such dedicated streets or easements to the total miles of allcounty streets and roads.

4. Any such money received by a board of trusteesshall be used for maintenance and repair of such streets or easements or forthe purchase of equipment for such work and shall not be used to defray theexpenses of administration of the district.

5. If the repair of a street or easement is necessarybecause of an improvement undertaken by a board of trustees, the board ofcounty commissioners is not required to repair or pay for the repair of thatstreet or easement.

(Added to NRS by 1977, 423)

NRS 244.279 Saleor lease of right-of-way or water rights to public utility.

1. A board of county commissioners may sell or lease:

(a) A right-of-way to a public utility as defined in NRS 704.020; and

(b) Water rights to a public utility engaged in thebusiness of furnishing water for municipal, industrial and domestic purposes tocustomers within the boundaries of the county,

withoutfirst offering those rights-of-way or water rights to the public.

2. If a public utility wishes to dispose of anyright-of-way or water right acquired pursuant to subsection 1, it must bereconveyed to the county.

(Added to NRS by 1983, 524)

NRS 244.2795 Saleor lease of certain real property of county: Appraisal required; qualificationsand selection of appraisers; disclosure statements; interest of appraiser orrelated person in property or adjoining property prohibited.

1. Except as otherwise provided in NRS 244.189, 244.276, 244.279,244.2825, 244.284, 244.287,244.290 and 278.479 to 278.4965, inclusive, except as otherwiserequired by federal law, except as otherwise required pursuant to a cooperativeagreement entered into pursuant to NRS277.050 or 277.053 or an interlocalagreement in existence on or before October 1, 2004, except if the board ofcounty commissioners is entering into a joint development agreement for realproperty owned by the county to which the board of county commissioners is aparty, except for a lease of residential property with a term of 1 year or lessand except for the sale or lease of real property larger than 1 acre which isapproved by the voters at a primary or general election or special election,the board of county commissioners shall, when offering any real property forsale or lease:

(a) Obtain two independent appraisals of the realproperty before selling or leasing it. The appraisals must have been preparednot more than 6 months before the date on which the real property is offeredfor sale or lease.

(b) Select the two independent appraisers from the listof appraisers established pursuant to subsection 2.

(c) Verify the qualifications of each appraiserselected pursuant to paragraph (b). The determination of the board of countycommissioners as to the qualifications of the appraiser is conclusive.

2. The board of county commissioners shall adopt byordinance the procedures for creating or amending a list of appraisersqualified to conduct appraisals of real property offered for sale or lease bythe board. The list must:

(a) Contain the names of all persons qualified to actas a general appraiser in the same county as the real property that may beappraised; and

(b) Be organized at random and rotated from time totime.

3. An appraiser chosen pursuant to subsection 1 mustprovide a disclosure statement which includes, without limitation, all sourcesof income that may constitute a conflict of interest and any relationship withthe real property owner or the owner of an adjoining real property.

4. An appraiser shall not perform an appraisal on anyreal property for sale or lease by the board of county commissioners if theappraiser or a person related to the appraiser within the first degree ofconsanguinity or affinity has an interest in the real property or an adjoiningproperty.

(Added to NRS by 2005, 1457; A 2005, 2671, 2680)

NRS 244.281 Saleor lease of certain real property of county: Notice; appraisal; exceptions;second offering. Except as otherwise providedin this section and NRS 244.189, 244.276, 244.279,244.2815, 244.2825, 244.284, 244.287,244.290, 278.479 to 278.4965, inclusive, except as otherwiserequired by federal law, except as otherwise required pursuant to a cooperativeagreement entered into pursuant to NRS277.050 or 277.053 or an interlocalagreement in existence on or before October 1, 2004, except if the board ofcounty commissioners is entering into a joint development agreement for realproperty owned by the county to which the board of county commissioners is aparty, except for a lease of residential property with a term of 1 year or lessand except for the sale or lease of real property larger than 1 acre which isapproved by the voters at a primary or general election or special election:

1. When a board of county commissioners has determinedby resolution that the sale or lease of any real property owned by the countywill be for purposes other than to establish, align, realign, change, vacate orotherwise adjust any street, alley, avenue or other thoroughfare, or portionthereof, or flood control facility within the county and will be in the bestinterest of the county, it may:

(a) Sell the property in the manner prescribed for thesale of real property in NRS 244.282.

(b) Lease the property in the manner prescribed for thelease of real property in NRS 244.283.

2. Before the board of county commissioners may sellor lease any real property as provided in subsection 1, it shall:

(a) Post copies of the resolution described insubsection 1 in three public places in the county; and

(b) Cause to be published at least once a week for 3successive weeks, in a newspaper qualified under chapter238 of NRS that is published in the county in which the real property islocated, a notice setting forth:

(1) A description of the real property proposedto be sold or leased in such a manner as to identify it;

(2) The minimum price, if applicable, of the realproperty proposed to be sold or leased; and

(3) The places at which the resolution describedin subsection 1 has been posted pursuant to paragraph (a), and any other placesat which copies of that resolution may be obtained.

If noqualified newspaper is published within the county in which the real propertyis located, the required notice must be published in some qualified newspaperprinted in the State of Nevada and having a general circulation within thatcounty.

3. If the board of county commissioners by itsresolution further finds that the property to be sold or leased is worth morethan $1,000, the board shall appoint two or more disinterested, competent realestate appraisers pursuant to NRS 244.2795to appraise the property and, except for property acquired pursuant to NRS 371.047, shall not sell or lease it forless than the highest appraised value.

4. If the property is appraised at $1,000 or more, theboard of county commissioners may:

(a) Lease the property; or

(b) Sell the property either for cash or for not lessthan 25 percent cash down and upon deferred payments over a period of not morethan 10 years, secured by a mortgage or deed of trust, bearing such interestand upon such further terms as the board of county commissioners may specify.

5. A board of county commissioners may sell or leaseany real property owned by the county without complying with the provisions of NRS 244.282 or 244.283 to:

(a) A person who owns real property located adjacent tothe real property to be sold or leased if the board has determined byresolution that:

(1) The real property is a:

(I) Remnant that was separated from itsoriginal parcel due to the construction of a street, alley, avenue or otherthoroughfare, or portion thereof, flood control facility or other publicfacility;

(II) Parcel that, as a result of its size,is too small to establish an economically viable use by anyone other than theperson who owns real property adjacent to the real property for sale or lease;or

(III) Parcel which is subject to a deedrestriction prohibiting the use of the real property by anyone other than theperson who owns real property adjacent to the real property for sale or lease;and

(2) The sale will be in the best interest of thecounty.

(b) Another governmental entity if:

(1) The sale or lease restricts the use of thereal property to a public use; and

(2) The board adopts a resolution finding thatthe sale or lease will be in the best interest of the county.

6. A board of county commissioners that disposes ofreal property pursuant to subsection 4 is not required to offer to reconvey thereal property to the person from whom the real property was received oracquired by donation or dedication.

7. If real property that is offered for sale or leasepursuant to this section is not sold or leased at the initial offering of thecontract for the sale or lease of the real property, the board of countycommissioners may offer the real property for sale or lease a second timepursuant to this section. If there is a material change relating to the title,zoning or an ordinance governing the use of the real property, the board ofcounty commissioners must obtain a new appraisal of the real property pursuantto the provisions of NRS 244.2795before offering the real property for sale or lease a second time. If realproperty that is offered for sale or lease pursuant to this section is not soldor leased at the second offering of the contract for the sale or lease of thereal property, the board of county commissioners may list the real property forsale or lease at the appraised value with a licensed real estate broker,provided that the broker or a person related to the broker within the firstdegree of consanguinity or affinity does not have an interest in the realproperty or an adjoining property.

8. As used in this section, flood control facilityhas the meaning ascribed to it in NRS244.276.

(Added to NRS by 1969, 56; A 1977, 627; 1981, 375;1983, 524; 1987, 205; 1995, 2747; 2001, 593; 2003, 423; 2005, 1458, 2672, 2680)

NRS 244.2815 Sale,lease or disposal of real property of county for redevelopment or economicdevelopment; requirements.

1. A board of county commissioners may sell, lease orotherwise dispose of real property for the purposes of redevelopment oreconomic development:

(a) Without first offering the real property to thepublic; and

(b) For less than fair market value of the realproperty.

2. Before a board of county commissioners may sell,lease or otherwise dispose of real property pursuant to this section, the boardmust:

(a) Obtain an appraisal of the real property pursuantto NRS 244.2795; and

(b) Adopt a resolution finding that it is in the bestinterest of the public to sell, lease or otherwise dispose of the realproperty:

(1) Without offering the real property to thepublic; and

(2) For less than fair market value of the realproperty.

3. As used in this section:

(a) Economic development means:

(1) The establishment of new commercialenterprises or facilities within the county;

(2) The support, retention or expansion ofexisting commercial enterprises or facilities within the county;

(3) The establishment, retention or expansion ofpublic, quasi-public or other facilities or operations within the county;

(4) The establishment of residential housingneeded to support the establishment of new commercial enterprises or facilitiesor the expansion of existing commercial enterprises or facilities; or

(5) Any combination of the activities describedin subparagraphs (1) to (4), inclusive,

to createand retain opportunities of employment for the residents of the county.

(b) Redevelopment has the meaning ascribed to it in NRS 279.408.

(Added to NRS by 2005, 1458; A 2005, 2680)

NRS 244.282 Procedurefor sale of real property at public auction.

1. Except as otherwise provided in NRS 244.279, before ordering the sale atauction of any real property the board shall, in open meeting by a majorityvote of the members, adopt a resolution declaring its intention to sell theproperty at auction. The resolution must:

(a) Describe the property proposed to be sold in such amanner as to identify it.

(b) Specify the minimum price and the terms upon whichit will be sold.

(c) Fix a time, not less than 3 weeks thereafter, for apublic meeting of the board to be held at its regular place of meeting, atwhich sealed bids will be received and considered.

2. Notice of the adoption of the resolution and of thetime and place of holding the meeting must be given by:

(a) Posting copies of the resolution in three publicplaces in the county not less than 15 days before the date of the meeting; and

(b) Causing to be published at least once a week for 3successive weeks before the meeting, in a newspaper qualified under chapter 238 of NRS that is published in the countyin which the real property is located, a notice setting forth:

(1) A description of the real property proposedto be sold at auction in such a manner as to identify it;

(2) The minimum price of the real propertyproposed to be sold at auction; and

(3) The places at which the resolution describedin subsection 1 has been posted pursuant to paragraph (a), and any other placesat which copies of that resolution may be obtained.

If noqualified newspaper is published within the county in which the real propertyis located, the required notice must be published in some qualified newspaperprinted in the State of Nevada and having a general circulation within thatcounty.

3. At the time and place fixed in the resolution forthe meeting of the board, all sealed bids which have been received must, inpublic session, be opened, examined and declared by the board. Of the proposalssubmitted which conform to all terms and conditions specified in the resolutionof intention to sell and which are made by responsible bidders, the bid whichis the highest must be finally accepted, unless a higher oral bid is acceptedor the board rejects all bids.

4. Before accepting any written bid, the board shallcall for oral bids. If, upon the call for oral bidding, any responsible personoffers to buy the property upon the terms and conditions specified in theresolution, for a price exceeding by at least 5 percent the highest writtenbid, then the highest oral bid which is made by a responsible person must befinally accepted.

5. The final acceptance by the board may be madeeither at the same session or at any adjourned session of the same meeting heldwithin the 10 days next following.

6. The board may, either at the same session or at anyadjourned session of the same meeting held within the 10 days next following,if it deems the action to be for the best public interest, reject any and allbids, either written or oral, and withdraw the property from sale.

7. Any resolution of acceptance of any bid made by theboard must authorize and direct the chairman to execute a deed and to deliverit upon performance and compliance by the purchaser with all the terms orconditions of his contract which are to be performed concurrently therewith.

8. All money received from sales of real property mustbe deposited forthwith with the county treasurer to be credited to the countygeneral fund.

(Added to NRS by 1987, 203; A 2003, 424)

NRS 244.2825 Transferor sale of real property which was part of original mining townsite and whichwas acquired by county directly from Federal Government.

1. A board of county commissioners may transfer realproperty which was acquired by the county directly from the Federal Governmentto a person without complying with the provisions of NRS 244.281 if the board of countycommissioners determines that:

(a) The property is part of an original miningtownsite;

(b) The person and his predecessors in interest, ifany, have continuously claimed, possessed and occupied such property for atleast the 25 years immediately preceding the date of the transfer;

(c) The persons claim of right to possession of theproperty is based upon a written instrument issued to him or his predecessorsin interest by a person who claimed a right to possess the property; and

(d) The person or his predecessors in interest havepaid all taxes that have been assessed against the property for the periodduring which the person and his predecessors in interest have claimed,possessed and occupied the property.

2. The board of county commissioners may sell realproperty which was acquired by the county directly from the Federal Governmentto a person without complying with the provisions of NRS 244.281 if the board of countycommissioners determines that the requirements set forth in paragraphs (a) and(b) of subsection 1 apply to the property. To establish a price for a salepursuant to this subsection, a board of county commissioners shall obtain anappraisal of the property from a person who is certified to appraise realestate pursuant to chapter 645C of NRS. Theprice of property sold pursuant to this subsection must be equal to the sum ofthe appraised value of the property plus the greater of:

(a) One hundred dollars; or

(b) The balance of the state, county and municipaltaxes that are due and owing on the land for the 5 years immediately precedingthe date of the sale.

3. For purposes of this section, a person shall bedeemed to have continuously possessed and occupied real property if during thetime the person claims that he and his predecessors in interest, if any, havepossessed and occupied the real property, the real property has been:

(a) Usually inhabited, cultivated or improved by theperson or his predecessors in interest;

(b) Protected by a substantial enclosure erected by theperson or his predecessors in interest; or

(c) Used by the person or his predecessors in interestfor the production of fuel, timber, ore or minerals, for husbandry or pasturageor for any other habitual use that the board of county commissioners determinesto be indicative of possession and occupancy.

4. Before submitting documents to the county recorderto record a transfer or sale of property to a person pursuant to this section,the board of county commissioners shall:

(a) Charge and collect from the person to whom the realproperty is being transferred or sold a payment in an amount equal to the sumof:

(1) If applicable, the sales price determinedpursuant to subsection 2; and

(2) The total cost to the county of:

(I) Acquiring the property from theFederal Government; and

(II) Conveying the property to the person;and

(b) Submit the money collected pursuant to this sectionto the county treasurer.

5. As used in this section, original mining townsitemeans real property owned by the Federal Government upon which improvementswere made:

(a) Because a mining operation was located near theproperty; and

(b) Based upon the belief that:

(1) The property had been or would be acquiredfrom the Federal Government by the entity that operated the mine; or

(2) The person who made the improvement had avalid claim for acquiring the property from the Federal Government.

(Added to NRS by 2001, 591)

NRS 244.283 Leaseof real property of county; notice; bids.

1. When the board of county commissioners determinesthat the lease of real property belonging to the county for industrial,commercial, residential or recreational purposes is necessary or desirable, theboard may lease such real property, whether acquired by purchase, dedication orotherwise. Such a lease must not be in contravention of any condition in a giftor devise of real property to the county.

2. Except as otherwise provided in NRS 244.279, before ordering the lease ofany property the board shall, in open meeting by a majority vote of themembers, adopt a resolution declaring its intention to lease the property. Theresolution must:

(a) Describe the property proposed to be leased in suchmanner as to identify it.

(b) Specify the minimum rental, and the terms uponwhich it will be leased.

(c) Fix a time, not less than 3 weeks thereafter, for apublic meeting of the board to be held at its regular place of meeting, atwhich sealed proposals to lease will be received and considered.

3. Notice of the adoption of the resolution and of thetime and place of holding the meeting must be given by:

(a) Posting copies of the resolution in three publicplaces in the county not less than 15 days before the date of the meeting; and

(b) Publishing the resolution not less than once a weekfor 2 successive weeks before the meeting in a newspaper of general circulationpublished in the county, if any such newspaper is published therein.

4. At the time and place fixed in the resolution forthe meeting of the board, all sealed proposals which have been received must,in public session, be opened, examined and declared by the board. Of theproposals submitted which conform to all terms and conditions specified in theresolution of intention to lease and which are made by responsible bidders, theproposal which is the highest must be finally accepted, unless a higher oralbid is accepted or the board rejects all bids.

5. Before accepting any written proposal, the boardshall call for oral bids. If, upon the call for oral bidding, any responsibleperson offers to lease the property upon the terms and conditions specified inthe resolution, for a rental exceeding by at least 5 percent the highestwritten proposal, then the highest oral bid which is made by a responsibleperson must be finally accepted.

6. A person may not make an oral bid unless, at least5 days before the meeting held for receiving and considering bids, he submitsto the board written notice of his intent to make an oral bid and a statementestablishing his financial responsibility to the satisfaction of the board.

7. The final acceptance by the board may be madeeither at the same session or at any adjourned session of the same meeting heldwithin the 21 days next following.

8. The board may, either at the same session or at anyadjourned session of the same meeting held within the 21 days next following,if it deems such action to be for the best public interest, reject any and allbids, either written or oral, and withdraw the property from lease.

9. Any resolution of acceptance of any bid made by theboard must authorize and direct the chairman to execute a lease and to deliverit upon performance and compliance by the lessee with all the terms orconditions of his contract which are to be performed concurrently therewith.

10. All money received from rentals of real property mustbe deposited forthwith with the county treasurer to be credited to the countygeneral fund.

11. This section does not apply to leases of realproperty made pursuant to NRS 244.288, 334.070 or 338.177.

(Added to NRS by 1960, 373; A 1975, 570; 1977, 395;1983, 525, 1249; 1989, 259, 520, 847; 1995, 157; 2005, 2675)

NRS 244.284 Leaseor conveyance of real property of county to corporation for public benefit.

1. In addition to the powers conferred by NRS 450.500, the board of countycommissioners may:

(a) Lease any of the real property of the county for aterm not exceeding 99 years; or

(b) Convey any of the real property of the county,except property of the county that is operated or occupied by the county fairand recreation board, without consideration,

if such realproperty is not needed for the public purposes of the county and is leased orconveyed to a corporation for public benefit, and the property is actually usedfor charitable or civic purposes.

2. A lease or conveyance pursuant to this section maybe made on such terms and conditions as seem proper to the board of countycommissioners.

3. If a corporation for public benefit to whichproperty is conveyed pursuant to this section ceases to use the property forcharitable or civic purposes, the property automatically reverts to the county.

4. As used in this section, corporation for publicbenefit has the meaning ascribed to it in NRS82.021.

(Added to NRS by 1963, 690; A 1969, 218; 1975, 571; 2001, 1710; 2003, 918)

NRS 244.286 Leaseor lease-purchase agreement for construction or remodeling of building orfacility; conveyance of property; applicability of certain provisions toagreement for construction or remodeling of building or facility.

1. The board of county commissioners of any county mayenter into an agreement with a person whereby the person agrees to construct orremodel a building or facility according to specifications adopted by the boardof county commissioners and thereupon enter into a lease or a lease-purchaseagreement with the board of county commissioners for that building or facility.

2. The board of county commissioners may conveyproperty to a person where the purpose of the conveyance is the entering intoof an agreement contemplated by subsection 1.

3. The provisions of NRS338.010 to 338.090, inclusive, applyto any agreement for the construction or remodeling of a building or facilityentered into pursuant to subsection 1.

(Added to NRS by 1969, 1234; A 1969, 1545; 1979, 511;1989, 1944; 1999,1688)

NRS 244.287 Conveyanceof property to nonprofit organization for development of affordable housing:Application; public hearing; conditions; annual list of property conveyed;subordination of interest in property conveyed.

1. A nonprofit organization may submit to a board ofcounty commissioners an application for conveyance of property that is owned bythe county if the property was:

(a) Received by donation for the use and benefit of thecounty pursuant to NRS 244.270.

(b) Purchased by the county pursuant to NRS 244.275.

2. Before the board of county commissioners makes adetermination on such an application for conveyance, it shall hold at least onepublic hearing on the application. Notice of the time, place and specificpurpose of the hearing must be:

(a) Published at least once in a newspaper of generalcirculation in the county.

(b) Mailed to all owners of record of real propertywhich is located not more than 300 feet from the property that is proposed forconveyance.

(c) Posted in a conspicuous place on the property thatis proposed for conveyance.

The hearingmust be held not fewer than 10 days but not more than 40 days after the noticeis published, mailed and posted in accordance with this subsection.

3. The board of county commissioners may approve suchan application for conveyance if the nonprofit organization demonstrates to thesatisfaction of the board that the organization or its assignee will use theproperty to develop affordable housing for families whose income at the time ofapplication for such housing does not exceed 80 percent of the median grossincome for families residing in the same county, as that percentage is definedby the United States Department of Housing and Urban Development. If the boardof county commissioners receives more than one application for conveyance ofthe property, the board must give priority to an application of a nonprofitorganization that demonstrates to the satisfaction of the board that theorganization or its assignee will use the property to develop affordablehousing for persons who are disabled or elderly.

4. If the board of county commissioners approves anapplication for conveyance, it may convey the property to the nonprofitorganization without consideration. Such a conveyance must not be incontravention of any condition in a gift or devise of the property to thecounty.

5. As a condition to the conveyance of the propertypursuant to subsection 4, the board of county commissioners shall enter into anagreement with the nonprofit organization that requires the nonprofitorganization or its assignee to use the property to provide affordable housingfor at least 50 years. If the nonprofit organization or its assignee fails touse the property to provide affordable housing pursuant to the agreement, theboard of county commissioners may take reasonable action to return the propertyto use as affordable housing, including, without limitation:

(a) Repossessing the property from the nonprofitorganization or its assignee.

(b) Transferring ownership of the property from thenonprofit organization or its assignee to another person or governmental entitythat will use the property to provide affordable housing.

6. The agreement required by subsection 5 must berecorded in the office of the county recorder of the county in which theproperty is located and must specify:

(a) The number of years for which the nonprofitorganization or its assignee must use the property to provide affordablehousing; and

(b) The action that the board of county commissionerswill take if the nonprofit organization or its assignee fails to use theproperty to provide affordable housing pursuant to the agreement.

7. A board of county commissioners that has conveyedproperty pursuant to subsection 4 shall:

(a) Prepare annually a list which includes adescription of all property that was conveyed to a nonprofit organizationpursuant to this section; and

(b) Include the list in the annual audit of the countywhich is conducted pursuant to NRS 354.624.

8. If, 5 years after the date of a conveyance pursuantto subsection 4, a nonprofit organization or its assignee has not commencedconstruction of affordable housing, or entered into such contracts as arenecessary to commence the construction of affordable housing, the property thatwas conveyed automatically reverts to the county.

9. A board of county commissioners may subordinate theinterest of the county in property conveyed pursuant to subsection 4 to a firstor subsequent holder of a mortgage on that property to the extent the board deemsnecessary to promote investment in the construction of affordable housing.

10. As used in this section, unless the contextotherwise requires, nonprofit organization means an organization that isrecognized as exempt pursuant to 26 U.S.C. 501(c)(3).

(Added to NRS by 1997, 1735; A 1999, 3535)

NRS 244.288 Industrialdevelopment of real property by county; notice; hearing; option to purchaseproperty.

1. Notwithstanding the provisions of NRS 244.275, the board of county commissionersof a county, upon making a finding pursuant to a public hearing that a countyindustrial park is necessary to meet the needs of the county, and that no privateenterprise has presented an acceptable proposal for industrial development, maydevelop a plan, establish requirements for and carry out the:

(a) Acquisition, sale or lease of real property by thecounty for industrial development, upon such lawful terms and conditions as areagreed to by the board.

(b) Design, engineering and construction of industrialdevelopments for sale or lease.

2. The board shall:

(a) Give notice of its intention by publication atleast once in a newspaper of general circulation published in the county, or ifthere is no such newspaper then in a newspaper of general circulation in thecounty published in the State; and

(b) Hold its public hearing not less than 10 nor morethan 20 days after the date of publication of the notice.

3. The board may grant an option to purchase propertydesignated for industrial development. The duration of the option must notexceed 3 years, but afterward the board may extend it year by year. Anyattempted assignment of such an option, whether contractual or effected byoperation of law, is void. Upon its execution, the option must immediately berecorded by the board with the county recorder.

4. After review by the planning commission, a memberof the board or the purchaser or lessee of the property shall present theproposed plan for an industrial development to the board.

5. The board shall, after a public hearing, approve orreject the proposed plan.

(Added to NRS by 1981, 374; A 1989, 260, 520)

NRS 244.290 Reconveyance,sale or lease of land donated, dedicated or condemned for public purposes.

1. Except as otherwise provided in NRS 278.480 for the vacation of streets andeasements, the board of county commissioners of any county may reconvey all theright, title and interest of the county in and to any land donated, dedicated,acquired in accordance with chapter 37 of NRS,or purchased under the threat of an eminent domain proceeding for a publicpark, public square, public landing, public roadway, public right-of-way,agricultural fairground, aviation field, automobile parking ground or facilityfor the accommodation of the traveling public, or land held in trust for thepublic for any other public use or uses, or any part thereof, to the person:

(a) By whom the land was donated or dedicated or to hisheirs, assigns or successors, upon such terms as may be prescribed by a resolutionof the board; or

(b) From whom the land was acquired in accordance withthe provisions of chapter 37 of NRS, orpurchased under the threat of an eminent domain proceeding, or to his heirs,assigns or successors, except as otherwise provided in NRS 37.270, for an amount equal to theamount paid for the land by the board.

2. If the board determines that maintenance of the propertyis unnecessarily burdensome to the county or that reconveyance would be in thebest interest of the county and its residents, the board may formally adopt aresolution stating that determination. Upon the adoption of the resolution, thechairman or an authorized representative of the board shall issue a writtenoffer of reconveyance to the person from whom the real property was received oracquired, or his successor in interest.

3. If the person from whom the land was received oracquired, or his successor in interest:

(a) Accepts the offer of reconveyance within 45 daysafter the date of the offer, the board of county commissioners shall execute adeed of reconveyance.

(b) Refuses to accept the offer of reconveyance orstates in writing that he is unable to accept the offer of reconveyance, theboard of county commissioners may sell or lease the real property in accordancewith the provisions of this chapter.

[1:2:1926; NCL 1994] + [2:2:1926; NCL 1995](NRSA 1969, 458, 901; 1981, 986; 1987, 206; 2005, 1460, 1788, 2680)

NRS 244.292 Acquisitionand maintenance of cemeteries; conveyance of property used as cemetery afterpublic hearing.

1. A board of county commissioners may, by any lawfulmeans, acquire, control, maintain, enlarge or abolish cemeteries.

2. A board of county commissioners may convey any realproperty of the county that is used as a cemetery to any nonprofit charitableor civic organization for the purpose of maintaining a cemetery thereon, butonly after a public hearing. The conveyance may be made on such additionalterms and conditions as the board deems proper.

(Added to NRS by 1983, 677)

NRS 244.294 Constructionand maintenance of parking facilities; fees; exclusive parking in designatedspaces.

1. A board of county commissioners may construct,convert, improve, equip and maintain parking facilities or parking spaces foruse by the general public and public employees. Such facilities or spaces mustbe owned and operated by the county or its agents.

2. The board may fix and charge reasonable fees forthe use of any such parking facilities or spaces.

3. The board may enter into a contract, lease or otherarrangement to provide exclusive parking in designated spaces at any parkingfacility owned, leased or operated by the county.

(Added to NRS by 1981, 773; A 1993, 1320)

NRS 244.296 Motorvehicles. The board of county commissioners ofeach county shall establish guidelines for the use of automobiles and othermotor vehicles owned by such county. The guidelines may enumerate conditionsgoverning the official use of such vehicles by officers and employees of thecounty and may impose restrictions on other uses.

(Added to NRS by 1975, 754)

DISTRICT FOR COUNTY FIRE DEPARTMENT

NRS 244.2961 Creationand administration of district; regulation of explosive, combustible orinflammable material; ordinance regarding fees for transporting sick or injuredpersons to medical facility; duties of employees.

1. The board of county commissioners may by ordinancecreate a district for a fire department. The board of county commissioners isex officio the governing body of any district created pursuant to this sectionand may:

(a) Organize, regulate and maintain the firedepartment.

(b) Appoint and prescribe the duties of the fire chief.

(c) Designate arson investigators as peace officers.

(d) Regulate or prohibit the storage of any explosive,combustible or inflammable material in or transported through the county, andprescribe the distance from any residential or commercial area where it may bekept. Any ordinance adopted pursuant to this paragraph that regulates places ofemployment where explosives are stored must be at least as stringent as thestandards and procedures adopted by the Division of Industrial Relations of theDepartment of Business and Industry pursuant to NRS 618.890.

(e) Establish, by ordinance, a fire code and otherregulations necessary to carry out the purposes of this section.

(f) Include the budget of the district in the budget ofthe county.

(g) Hold meetings of the governing body of the districtin conjunction with the meetings of the board of county commissioners withoutposting additional notices of the meetings within the district.

2. If the fire department transports sick or injuredpersons to a medical facility, the board of county commissioners shall adopt:

(a) An ordinance:

(1) Requiring the fire department to defray theexpenses of furnishing such transportation by imposing and collecting fees; and

(2) Establishing a schedule of such fees; or

(b) An ordinance prohibiting the imposition andcollection of any fees for such transportation.

3. The other officers and employees of the countyshall perform duties for the district that correspond to the duties theyperform for the county.

4. All persons employed to perform the functions ofthe fire department are employees of the county for all purposes.

(Added to NRS by 1979, 925; A 1985, 257; 1989, 75,194; 1999, 1857; 2001, 999)

NRS 244.2963 Assumptionof certain rights, duties, liabilities and obligations. If the board of county commissioners establishes adistrict for a fire department, the department:

1. Assumes all rights, duties, liabilities andobligations of any fire department in any unincorporated town in the countywhich is subject to the provisions of NRS269.500 to 269.625, inclusive.

2. Assumes all rights, duties, liabilities andobligations of any county fire protection district only upon dissolution of thedistrict as provided in chapter 474 of NRS.

(Added to NRS by 1979, 926; A 1989, 75)

NRS 244.2965 Boundariesof district.

1. Subject to the limitations contained in subsection2, a board of county commissioners which establishes a district for a countyfire department shall establish the boundaries of the district which mustinclude only the area which the department is to serve, and may alter thoseboundaries by ordinance.

2. The district must not include any territory withinthe boundaries of an incorporated city.

(Added to NRS by 1979, 926, A 1979, 926; 1981, 757;1989, 75)

NRS 244.2967 Levyof tax; accounting for proceeds of tax. Aboard of county commissioners which creates a district for a county firedepartment shall levy a tax for its support and for the payment of the interestand principal on any indebtedness incurred for its buildings or equipment, onall property within the boundaries of the district, and shall establish aseparate fund in the county treasury for the receipt and expenditure of andaccounting for the proceeds of this tax.

(Added to NRS by 1979, 927; A 1987, 207; 1989, 76)

JUVENILE FORESTRY CAMPS

NRS 244.2969 Juvenilecourt defined. As used in NRS 244.2969 to 244.299, inclusive, juvenile court hasthe meaning ascribed to it in NRS 62A.180.

(Added to NRS by 1991, 2185; A 2003, 1130)

NRS 244.297 Establishment;commitments by juvenile court. The board ofcounty commissioners of any county may establish by ordinance juvenile forestrycamps to which children may be committed by the juvenile court of the county asprovided in title 5 of NRS.

(Added to NRS by 1960, 35; A 2003, 1130)

NRS 244.298 Provisionsof ordinance creating camp. The ordinance creatinga juvenile forestry camp shall include, but shall not be limited to, provisionsfor:

1. An advisory council of 15 members, one of whomshall be a judge of the juvenile court for the county, one the county sheriffand one the chief of police of the largest incorporated city, if any, in thecounty;

2. The powers and duties of the advisory council;

3. The appointment of a director of the juvenileforestry camp;

4. The powers, duties and compensation of thedirector;

5. The employment of other necessary personnel;

6. The adoption of minimum standards of operation; and

7. Programs of education and training of committedjuveniles.

(Added to NRS by 1960, 35)

NRS 244.299 Labor,studies and activities of children committed to camp.Children committed to juvenile forestry camps may be required to laboron the buildings and grounds thereof, or to perform any other work or engage inany studies or activities prescribed by the board of county commissioners orthe juvenile court of the county.

(Added to NRS by 1960, 35)

RECREATIONAL AND CULTURAL CENTERS

NRS 244.300 Operation,maintenance and improvement of parks, golf courses and other centers to whichcounty holds title.

1. The county commissioners of the several counties,in addition to the powers now conferred upon them by law, may operate, manage,improve and maintain all public parks, golf courses and other publicrecreational and cultural centers and areas, the construction of which haseither been initiated or completed, and the title to which is held by thecounty.

2. For the purposes of this section, title is held bythe county when the county has the right to acquire a clear title bydischarging a fixed encumbrance, whether created by purchase contract, mortgageor deed of trust.

[1:71:1939; 1931 NCL 2049.01](NRS A 1959, 567;1965, 104; 1967, 701; 1991, 396)

NRS 244.305 Acquisitionof land for park, recreational, cultural and memorial purposes.

1. The boards of county commissioners of the severalcounties may acquire by purchase, contracts of purchase, which may or may notextend beyond their respective terms of office, gift, or in any other manner,parcels of land for park, recreational, cultural and memorial purposes.

2. For the purpose of acquiring such parcels of landthe boards of county commissioners may use any unexpended money remaining inany county fund, except bond interest and redemption funds, and may fix ayearly rate as a part of the county budget for the purpose of paying for thelands and the expense incidental to acquiring the same.

[1:206:1945; 1943 NCL 2049.11] + [2:206:1945; 1943NCL 2049.12](NRS A 1959, 777; 1965, 104; 1979, 905; 1991, 396)

NRS 244.306 Operationand maintenance of swimming pools and other centers acquired by gift.

1. The boards of county commissioners of the severalcounties, in addition to the powers now conferred upon them by law, may operateand maintain swimming pools and other public recreational and cultural centerswhen they have been acquired by gift to the county.

2. For the purpose of operating and maintaining suchswimming pools or other public recreational and cultural centers the boards ofcounty commissioners may use any unexpended money remaining in any county fund,except bond interest and redemption funds. The use and transfer of any suchunexpended funds must be in conformance with chapter354 of NRS relating to the transfer of funds by counties. The boards alsomay:

(a) Provide in their annual county budgets for theexpense of such operation and maintenance and levy a tax for that purpose.

(b) Make charges for the use by the public of anyswimming pools or public recreational or cultural centers acquired pursuant tothis section.

(Added to NRS by 1957, 475; A 1965, 104; 1979, 905;1991, 396)

NRS 244.307 Expenditureof county money for construction, improvement or repair of facilities owned bycity or school district.

1. The board of county commissioners may, byresolution, authorize the expenditure of county money for the construction,reconstruction, improvement or repair of any recreational or cultural facilitythe title to which is held by:

(a) An incorporated city located within the county; or

(b) A school district located within the county, if theboard of county commissioners has entered into an interlocal agreement with theschool district which provides for the construction, reconstruction,improvement or repair of the facility.

2. Each such resolution must:

(a) Describe the facility for which the money is to beexpended.

(b) Specify the maximum amount of money to be expendedand the terms upon which it is to be expended.

(c) Contain a finding by the board of countycommissioners that a substantial benefit will be derived by the inhabitants ofthe county as a whole by the expenditure of such money.

3. As used in this section, cultural facilityincludes a library.

(Added to NRS by 1961, 55; A 1991, 397; 1997, 264)

COUNTY PARK AND RECREATION COMMISSIONS

NRS 244.3071 Definitions. As used in NRS244.3071 to 244.30792, inclusive,unless the context requires otherwise:

1. Board means the board of county commissioners andincludes the Board of Supervisors of Carson City.

2. Commission means the county park and recreationcommission.

3. Commissioner means a member of the commission.

4. Facilities means any recreational, cultural orpark property authorized by NRS 244.3071to 244.30792, inclusive.

(Added to NRS by 1965, 535; A 1969, 321; 1991, 397)

NRS 244.3072 Powerof county to create. In addition to the powerselsewhere conferred upon counties, any county, regardless of population, maycreate a county park and recreation commission in conformity with the procedureprescribed by NRS 244.3073 to 244.30792, inclusive.

(Added to NRS by 1965, 536)

NRS 244.3073 Petitionfor creation of commission; study of feasibility; approval by appropriate stateagency.

1. Upon the petition of 5 percent or more of theregistered voters of a county expressing a desire or interest in the creationof a county park and recreation commission, the board is authorized to conducta recreation feasibility study which will meet the planning criteria set forthby the Bureau of Outdoor Recreation, the National Recreation Association or anyother nationally recognized recreation authority.

2. Any study which shows a need for, and thefeasibility of, a county park and recreation commission must be submitted tothe Division of State Parks of the State Department of Conservation and NaturalResources or any other appropriate state agency. Acceptance and approval of thestudy by the Division of State Parks or other appropriate state agency empowersand authorizes the board to organize by ordinance a county park and recreationcommission for the express purpose of planning, acquiring, developing,operating and maintaining recreational and cultural facilities and programs.

(Added to NRS by 1965, 536; A 1991, 397)

NRS 244.3074 Organizationalordinance: Contents. The organizationalordinance shall state:

1. That the ordinance thereby creates a county parkand recreation commission;

2. The name of the commission;

3. The number of commissioners to be appointed;

4. The powers to be exercised by the commission;

5. That the facilities to be acquired, if any, arethose therein designated;

6. That the facilities previously acquired or to beacquired under or pursuant to NRS 244.3071to 244.30792, inclusive, or any otherlaw by the board on behalf of the county, jurisdiction over and responsibilityfor which facilities are to be assumed subsequently by the commission, arethose therein designated;

7. The times at which such jurisdiction andresponsibility shall be assumed by the commission on behalf of the county; and

8. The names of the appointed commissioners who shallserve on the first county park and recreation commission.

(Added to NRS by 1965, 536)

NRS 244.3075 Supplementationof organizational ordinance.

1. Any organizational ordinance may be supplementedafter its adoption from time to time by the board by an ordinance stating:

(a) Additional powers to be exercised by the commission;

(b) That the additional facilities, if any, to beacquired are those therein designated;

(c) That the additional facilities of the county,jurisdiction over and responsibility for which are to be assumed by thecommission, are those therein designated; and

(d) The times at which such jurisdiction andresponsibility shall be assumed by the commission on behalf of the county.

2. Any supplemental ordinance may diminish any powerswhich the commission is authorized to exercise or may take from the commissionjurisdiction over and responsibility for any facilities of the county whichhave been previously granted to the commission.

(Added to NRS by 1965, 536)

NRS 244.3076 Number,qualifications and appointment of members. Thecommission shall be:

1. Appointed by the board.

2. Composed of not less than five nor more than ninemembers, one of whom shall be a member of the board and one of whom shall be amember of the board of trustees of the county school district. The remainingmembers shall be qualified electors of the county.

(Added to NRS by 1965, 537)

NRS 244.3077 Commissioners:Terms; vacancies; compensation and expenses.

1. The terms of office of the commissioners shall beset so that there is never a termination of the terms of all members at onetime and of the first commissioners appointed, one or more shall hold officefor 1 year, one or more for 2 years, one or more for 3 years, and two or morefor 4 years. Thereafter all commissioners shall be appointed for terms of 4years.

2. Commissioners shall hold office until theirsuccessors are appointed and qualified.

3. Any vacancy in the office of commissioner shall befilled for the unexpired term in the same manner as original appointments.

4. Commissioners shall serve without compensation butshall be entitled to the same travel expenses and subsistence allowances ascounty officers.

(Added to NRS by 1965, 537)

NRS 244.3078 Oathof office; no bond required. Within 10 daysafter their appointment, commissioners shall qualify by taking the oath ofoffice. No bond shall be required of them.

(Added to NRS by 1965, 537)

NRS 244.3079 Electionof officers; treasurer; seal.

1. Within 10 days after their appointment, thecommissioners shall organize as the commission by the election of one of theirnumber as chairman, one as secretary, and by the election of such otherofficers as they may deem necessary. Annually during January the commissionshall reorganize by the election of new officers.

2. The county treasurer of the county shall be thetreasurer of the commission. The treasurer shall receive and pay out all themoneys of the county under the control of the commission, as ordered by it, butshall receive no compensation for any such additional duties.

3. The commission shall adopt a seal.

(Added to NRS by 1965, 537)

NRS 244.30791 Meetings;records; quorum.

1. The commission shall hold at least four meetingseach year and shall keep a complete record of all its transactions.

2. A majority of the commissioners shall constitute aquorum for the transaction of business.

3. Any resolution, motion or other action shall beadopted or ordered taken by a majority of the commissioners forming a quorum.

(Added to NRS by 1965, 537)

NRS 244.30792 Powersand duties. The commission may have the followingpowers and duties as determined by the board and as set forth by the board inthe organizational ordinance:

1. To determine policy in regard to recreational,cultural and park facilities.

2. To promulgate regulations governing the use of suchfacilities.

3. To prepare plans for additional recreational,cultural and park facilities and the development of existing facilities.

4. To operate and maintain existing facilities.

5. To fix, and from time to time increase or decrease,rates, tolls and charges for services and the use or availability offacilities.

6. To employ technical and clerical staff.

7. To prepare and submit annual budgets to the board.

8. To purchase or lease land subject to the statutesgoverning purchases and leases of land by the board.

9. To acquire by gift, bequest or devise any personalproperty, or any real property within the county, for recreational, cultural orpark facilities.

10. To administer any trusts declared forrecreational, cultural and park facilities in the county.

11. To enter into contracts for the construction anddevelopment of recreational, cultural and park facilities.

12. To expend all money collected to the credit offacilities under the control of the commission, but all money received for suchfacilities must be deposited in the county treasury to the credit of thecommission and paid out only upon warrants drawn by the commission uponproperly authenticated vouchers of the commission after approval of the same bythe county auditor.

13. To perform such additional duties for park,recreational and cultural programs as may be delegated by the board.

(Added to NRS by 1965, 537; A 1991, 397)

COUNTY PARK COMMISSIONS

NRS 244.308 Definitions. As used in NRS 244.308to 244.3091, inclusive, unless thecontext requires otherwise:

1. Board means the board of county commissioners andincludes the Board of Supervisors of Carson City.

2. Commission means the county park commission.

3. Commissioner means a member of the commission.

4. Facilities means any recreational, cultural orpark property authorized by NRS 244.308to 244.3091, inclusive.

(Added to NRS by 1963, 410; A 1969, 322, 927; 1991,398)

NRS 244.3081 Recreational,cultural and park facilities: Powers of certain counties.

1. In addition to powers elsewhere conferred uponcounties, any county having a population of 100,000 or more may:

(a) Establish, construct, purchase, otherwise acquire,reconstruct, improve, extend and better recreational, cultural and parkfacilities and buildings therefor, and improvements incidental thereto;

(b) Equip and furnish the same;

(c) Acquire suitable sites or grounds, or any intereststherein, for any recreational, cultural or park facilities; and

(d) Operate, maintain, sell and otherwise dispose ofthe facilities.

2. Recreational, cultural and park facilities include,without limiting the generality of the provisions of subsection 1, thosebuildings, incidental improvements, equipment, furnishings, sites and grounds,or interest therein, as are used for recreational, cultural and park purposes.

(Added to NRS by 1963, 410; A 1969, 1533; 1979, 511;1991, 398)

NRS 244.3082 Exerciseof powers by commission; ordinance. Wheneverthe board of county commissioners desires any of such powers to be exercised bya county park commission, the board is hereby empowered and authorized toorganize by ordinance such a commission to exercise thereafter any of suchpowers on behalf of the county.

(Added to NRS by 1963, 410)

NRS 244.3083 Contentsof ordinance organizing commission. The organizationalordinance shall state:

1. That the ordinance thereby creates a county parkcommission;

2. The name of the commission;

3. The powers to be exercised by the commission;

4. That the facilities to be acquired, if any, arethose therein designated;

5. That the facilities previously acquired or to beacquired under or pursuant to NRS 244.308to 244.3091, inclusive, or any otherlaw by the board on behalf of the county, jurisdiction over and responsibilityfor which facilities are to be assumed subsequently by the commission, arethose therein designated;

6. The times at which such jurisdiction andresponsibility shall be assumed by the commission on behalf of the county; and

7. The names of the commissioners who shall serve onthe first county park commission.

(Added to NRS by 1963, 410; A 1969, 927; 1973, 715)

NRS 244.3084 Supplementationof organizational ordinance.

1. Any organizational ordinance may be supplementedafter its adoption from time to time by the board by an ordinance stating:

(a) Additional powers to be exercised by thecommission;

(b) That the additional facilities, if any, to beacquired are those therein designated;

(c) That the additional facilities of the county,jurisdiction over and responsibility for which are to be assumed by thecommission, are those therein designated; and

(d) The times at which such jurisdiction andresponsibility shall be assumed by the commission on behalf of the county.

2. Any supplemental ordinance may diminish any powerswhich the commission is authorized to exercise or may take from the commissionjurisdiction over and responsibility for any facilities of the county whichhave been previously granted to the commission.

(Added to NRS by 1963, 410)

NRS 244.3085 Numberand appointment of members. The commissionshall be composed of nine members, who shall be appointed by the board from residentsof the county at large with reference to their fitness for office.

(Added to NRS by 1963, 411; A 1973, 715)

NRS 244.3086 Termsof office; vacancies; compensation and expenses of commissioners.

1. Of the first commissioners appointed, one shallhold office for 1 year, two for 2 years, three for 3 years, and three for 4years. Thereafter all commissioners shall be appointed for terms of 4 years.

2. Commissioners shall hold office until theirsuccessors are appointed and qualified.

3. Any vacancy in the office of commissioner shall befilled for the unexpired term in the same manner as original appointments.

4. Commissioners shall serve without compensation butshall be entitled to the same travel expenses and subsistence allowances ascounty officers.

(Added to NRS by 1963, 411; A 1973, 715)

NRS 244.3087 Oathof office; no bond required. Within 10 daysafter their appointment, commissioners shall qualify by taking the oath ofoffice. No bond shall be required of them.

(Added to NRS by 1963, 411)

NRS 244.3088 Electionof officers; treasurer; seal.

1. Within 10 days after their appointment, thecommissioners shall organize as the commission by the election of one of theirnumber as chairman, one as secretary, and by the election of such otherofficers as they may deem necessary.

2. The county treasurer of the county shall be thetreasurer of the commission. The treasurer shall receive and pay out all themoneys of the county under the control of the commission, as ordered by it, butshall receive no compensation for any such additional duties.

3. The commission shall adopt a seal.

(Added to NRS by 1963, 411)

NRS 244.3089 Meetings;records; quorum.

1. The commission shall hold at least four meetingseach year and shall keep a complete record of all its transactions.

2. Five commissioners shall constitute a quorum forthe transaction of business.

3. Any resolution, motion or other action shall beadopted or ordered taken by a majority of the commissioners forming a quorum.

(Added to NRS by 1963, 411; A 1973, 716)

NRS 244.309 Powersand duties. The commission may have thefollowing powers and duties as determined by the board and as set forth by theboard in the organizational ordinance:

1. To determine policy in regard to recreational,cultural and park facilities.

2. To promulgate regulations governing the use of suchfacilities.

3. To prepare plans for additional recreational,cultural and park facilities and the development of existing facilities.

4. To operate and maintain existing facilities.

5. To fix, and from time to time increase or decrease,rates, tolls and charges for services and the use or availability offacilities.

6. To employ technical and clerical staff.

7. To prepare and submit annual budgets to the board.

8. To purchase or lease land subject to the statutesgoverning purchases and leases of land by the board.

9. To acquire by gift, bequest or devise any real orpersonal property for recreational, cultural and park facilities.

10. To administer any trusts declared forrecreational, cultural and park facilities in the county.

11. To enter into contracts for the construction anddevelopment of recreational, cultural and park facilities.

12. To cooperate with the county manager in allmatters relating to recreational, cultural and park facilities.

13. To do all other acts necessary and pertinent to apark, recreational and cultural program.

14. To expend all money collected to the credit offacilities under the control of the commission, but all money received for suchfacilities must be deposited in the county treasury to the credit of thecommission and paid out only upon warrants drawn by the commission uponproperly authenticated vouchers of the commission after approval of the same bythe county auditor.

15. To exercise such additional powers and performsuch additional duties as delegated by the board in its discretion for a park,recreational and cultural program.

(Added to NRS by 1963, 411; A 1991, 399)

NRS 244.3091 Countycommissioners exercise of power of eminent domain. Theboard may, at the request of the commission, exercise the power of eminentdomain to acquire real property for recreational, cultural and park purposes.

(Added to NRS by 1963, 412; A 1991, 399)

CONTRACTS

NRS 244.320 Contractsand transactions extending beyond term of commissioners.

1. A board of county commissioners may enter into anycontract, lease, franchise, exchange of property or other transaction whichextends beyond the terms of the county commissioners then in office and votingon the matter, but except as otherwise provided by law, the contract, lease,franchise, exchange or other transaction is binding beyond those terms ofoffice only to the extent that money is appropriated therefor, or for a likeitem or service.

2. This section does not affect any contract, lease,franchise, exchange of property or other transaction which does not extendbeyond the term of office of any member of the board who is part of the quorumvoting thereon.

[1:96:1895; C 2143; RL 1537; NCL 1973] +[2:96:1895; C 2144; RL 1538; NCL 1974](NRS A 1967, 534; 1975, 568; 1977,463; 1983, 1881)

NRS 244.327 Contractswith State Department of Agriculture; contributions. Theboards of county commissioners may in their respective counties:

1. Execute contracts or agreements with the StateDepartment of Agriculture pursuant to the provisions of NRS 561.245; and

2. Make money and contributions available to the StateDepartment of Agriculture pursuant to the provisions of NRS 561.255.

(Added to NRS by 1963, 31; A 1993, 1545; 1999, 3620)

COUNTY PRINTING

NRS 244.330 Publicprinting: Requirement that printing be placed with newspaper or commercialprinting establishment; requirements for printing ballots; exceptions.

1. Except as otherwise provided in this section and NRS 344.050, public printing required bythe various counties must be placed with a bona fide newspaper or bona fidecommercial printing establishment within the county. If there is no bona fidenewspaper or bona fide commercial printing establishment within the countyadequately equipped to do the printing, the printing must be placed with a bonafide newspaper or bona fide commercial printing establishment in the Stateadequately equipped to do the printing. If only one such newspaper orcommercial printing establishment exists in the county and it fails, or hasfailed in the past, with regard to a specific piece of printing required by lawto be printed, to perform its printing functions in accordance with thespecification for the job as supplied by the governing body in any year, thespecific piece of printing when required in any subsequent year may be placedwith a bona fide newspaper or bona fide commercial printing establishment inthe State adequately equipped to do the printing.

2. Except as otherwise authorized in subsections 4 and5, printing required by counties must be done within the State.

3. The provisions of this section are contingent uponsatisfactory services being rendered by all such printing establishments andreasonable charges therefor. As used in this subsection, reasonable chargesmeans a charge not in excess of the amount necessary to be paid for similarwork in other printing establishments.

4. The provisions of this section do not prohibit theprinting of county bonds and other evidences of indebtedness outside the State.

5. Except as otherwise provided in this subsection andNRS 344.050, the printing of ballots andother materials required for an election must be placed with a bona fidenewspaper or bona fide printing establishment that is located within the countyin which the election will be held and that is adequately equipped to do theprinting. If there is no bona fide newspaper or bona fide printingestablishment located within that county that is adequately equipped to do theprinting, the printing may be placed with a bona fide newspaper or bona fideprinting establishment located outside the State that is adequately equipped todo the printing.

[Part 1:120:1925; A 1927, 227; NCL 5610](NRS A1959, 219; 1971, 1231; 1997, 2789; 2005, 1086)

CERTIFICATION OF PROPERTY MANAGERS

NRS 244.331 Definitions. As used in NRS 244.331to 244.3345, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 244.3315 to 244.3335, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2005, 2334)

NRS 244.3315 Apartmentcomplex defined. Apartment complex means abuilding or group of buildings, each building of which is arranged in severalunits of connecting rooms, with each unit designed for independenthousekeeping.

(Added to NRS by 2005, 2334)

NRS 244.332 Certificatedefined. Certificate means a certificate toengage in property management issued pursuant to NRS 244.334.

(Added to NRS by 2005, 2334)

NRS 244.3325 Propertydefined. Property means a hotel, motel orapartment complex for which a business license issued by the county is requiredfor its operation.

(Added to NRS by 2005, 2334)

NRS 244.333 Propertymanagement defined. Property managementmeans the physical, administrative or financial management of a property.

(Added to NRS by 2005, 2334)

NRS 244.3335 Unitdefined. Unit means a structure or the partof a structure that is occupied as, or designed or intended for occupancy as, aresidence or sleeping place by one person who maintains a household or by twoor more persons who maintain a common household.

(Added to NRS by 2005, 2334)

NRS 244.334 Certificationof persons who engage in property management in unincorporated area of county;application; fees; renewal; conditions; penalty; exceptions.

1. Except as otherwise provided in subsection 3, theboard of county commissioners of each county may, by ordinance, require eachperson who wishes to engage in property management in an unincorporated area ofthe county to obtain a certificate issued by the board before engaging inproperty management.

2. If a board of county commissioners of a countyadopts an ordinance pursuant to subsection 1:

(a) Each person who engages in property management mustmake application for a certificate to the board of county commissioners of thecounty in which the property to be managed is to be located. The applicationmust be in a form and manner prescribed by the board of county commissioners.

(b) The board of county commissioners may:

(1) Establish and collect a fee for the issuanceor renewal of a certificate.

(2) Grant or deny applications for the issuanceor renewal of a certificate.

(3) Impose conditions, limitations andrestrictions upon a certificate.

(4) Establish any other requirements necessaryto carry out the ordinance, including, without limitation, the imposition of apenalty for a violation of the ordinance.

(5) Adopt, amend and repeal regulations relatingto the ordinance.

3. An ordinance adopted pursuant to the provisions ofthis section must not apply to:

(a) A person who holds a license issued pursuant to chapter 645 of NRS; or

(b) A person engaging in property management of aproperty where gaming is conducted under a nonrestricted license for gamingissued pursuant to NRS 463.170.

(Added to NRS by 2005, 2334)

NRS 244.3345 Ordinanceto require property in unincorporated area of county to be managed by person issuedcertificate; penalty; exceptions.

1. Except as otherwise provided in subsection 3, theboard of county commissioners of each county may, by ordinance, require that aproperty which is located in an unincorporated area of the county must bemanaged by a person issued a certificate pursuant to the provisions of NRS 244.334.

2. If a board of county commissioners adopts anordinance pursuant to the provisions of subsection 1, the board of countycommissioners may:

(a) Establish any other requirements necessary to carryout the ordinance, including, without limitation, the imposition of a penaltyfor a violation of the ordinance.

(b) Adopt, amend and repeal regulations relating to theordinance.

3. An ordinance adopted pursuant to the provisions ofthis section must not apply to:

(a) A property managed by a person who holds a licenseissued pursuant to chapter 645 of NRS; or

(b) A property where gaming is conducted under anonrestricted license for gaming issued pursuant to NRS 463.170.

(Added to NRS by 2005, 2335)

REGULATION, TAXATION AND LICENSING OF BUSINESSES ANDOCCUPATIONS

NRS 244.335 Powersof commissioners and county license boards; application for certain licenses;license tax as lien; confidential information.

1. Except as otherwise provided in subsections 2, 3and 4, a board of county commissioners may:

(a) Except as otherwise provided in NRS 244.331 to 244.3345, inclusive, 598D.150 and 640C.100, regulate all character oflawful trades, callings, industries, occupations, professions and businessconducted in its county outside of the limits of incorporated cities and towns.

(b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a licensetax for revenue or for regulation, or for both revenue and regulation, on suchtrades, callings, industries, occupations, professions and business.

2. The county license boards have the exclusive powerin their respective counties to regulate entertainers employed by anentertainment by referral service and the business of conducting a dancinghall, escort service, entertainment by referral service or gambling game ordevice permitted by law, outside of an incorporated city. The county licenseboards may fix, impose and collect license taxes for revenue or for regulation,or for both revenue and regulation, on such employment and businesses.

3. A board of county commissioners shall not requirethat a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one licenseto engage in the business of contracting or pay more than one license taxrelated to engaging in the business of contracting, regardless of the number ofclassifications or subclassifications of licensing for which the person islicensed pursuant to chapter 624 of NRS.

4. The board of county commissioners or county licenseboard shall not require a person to obtain a license or pay a license tax onthe sole basis that the person is a professional. No license to engage in anytype of business may be granted unless the applicant for the license signs anaffidavit affirming that the business has complied with the provisions of NRS 360.780. The county license board shallprovide upon request an application for a business license pursuant to NRS 360.780. As used in this subsection,professional means a person who:

(a) Holds a license, certificate, registration, permitor similar type of authorization issued by a regulatory body as defined in NRS 622.060, or who is regulated pursuantto the Nevada Supreme Court Rules; and

(b) Practices his profession for any type ofcompensation as an employee.

5. No license to engage in business as a seller oftangible personal property may be granted unless the applicant for the licensepresents written evidence that:

(a) The Department of Taxation has issued or will issuea permit for this activity, and this evidence clearly identifies the businessby name; or

(b) Another regulatory agency of the State has issuedor will issue a license required for this activity.

6. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lienupon the real and personal property of the business upon which the tax waslevied until the tax is paid. The lien has the same priority as a lien forgeneral taxes. The lien must be enforced:

(a) By recording in the office of the county recorder,within 6 months after the date on which the tax became delinquent or wasotherwise determined to be due and owing, a notice of the tax lien containingthe following:

(1) The amount of tax due and the appropriateyear;

(2) The name of the record owner of theproperty;

(3) A description of the property sufficient foridentification; and

(4) A verification by the oath of any member ofthe board of county commissioners or the county fair and recreation board; and

(b) By an action for foreclosure against the propertyin the same manner as an action for foreclosure of any other lien, commencedwithin 2 years after the date of recording of the notice of the tax lien, andaccompanied by appropriate notice to other lienholders.

7. The board of county commissioners may delegate theauthority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fairand recreation board. If the authority is so delegated, the board of countycommissioners shall revoke or suspend the license of a business upon certificationby the county fair and recreation board that the license tax has become delinquent,and shall not reinstate the license until the tax is paid. Except as otherwiseprovided in NRS 244.3357, allinformation concerning license taxes levied by an ordinance authorized by thissection or other information concerning the business affairs or operation ofany licensee obtained as a result of the payment of such license taxes or asthe result of any audit or examination of the books by any authorized employeeof a county fair and recreation board of the county for any license tax leviedfor the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential andmust not be disclosed by any member, officer or employee of the county fair andrecreation board or the county imposing the license tax unless the disclosureis authorized by the affirmative action of a majority of the members of theappropriate county fair and recreation board. Continuing disclosure may be soauthorized under an agreement with the Department of Taxation for the exchangeof information concerning taxpayers.

[Part 8:80:1865; A 1871, 47; 1931, 52; 1933, 203;1953, 681](NRS A 1959, 220; 1961, 364; 1963, 794; 1971, 497; 1973, 324; 1977,818; 1979, 727; 1983, 759; 1985, 386; 1987, 2306; 1989, 242, 906, 1970; 1991,27, 165, 2461; 1993, 2651; 1995, 2803; 1997, 3167; 2003, 2894; 2003, 20thSpecial Session, 192; 2005, 729, 1134, 2335)

NRS 244.33503 Continuationof license tax in county whose population is 100,000 or more; use of proceeds;pledge of proceeds.

1. Any license tax:

(a) Which is levied by a county whose population is100,000 or more against any lawful trade, calling, industry, occupation,profession or business conducted in the county and located in an unincorporatedarea within the county;

(b) Whose proceeds are pledged for the payment of anybonds or other obligations issued pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive; and

(c) Which is being collected by the county on January1, 1995,

mustcontinue to be levied, collected and transmitted to the county fair and recreationboard created pursuant to NRS 244A.599as long as any of the bonds or other obligations issued pursuant to theprovisions of NRS 244A.597 to 244A.655, inclusive, remain outstandingand unpaid.

2. The proceeds of the license tax must be used by thecounty fair and recreation board for the purposes set forth in NRS 244A.597 to 244A.655, inclusive, including thepayment of any bonds or other obligations issued pursuant to those provisions,and may be irrevocably pledged by the county fair and recreation board to thepayment of bonds or other obligations issued pursuant to those provisions.

(Added to NRS by 1995, 1604; A 1999, 987)

NRS 244.33505 Businessrequired to submit affidavit concerning industrial insurance upon applicationfor license or post office box; receipt of document setting forth rights andresponsibilities promoting safety in workplace.

1. In a county in which a license to engage in abusiness is required, the board of county commissioners shall not issue such alicense unless the applicant for the license signs an affidavit affirming thatthe business:

(a) Has received coverage by a private carrier asrequired pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS;

(b) Maintains a valid certificate of self-insurancepursuant to chapters 616A to 616D, inclusive, of NRS;

(c) Is a member of an association of self-insuredpublic or private employers; or

(d) Is not subject to the provisions of chapters 616A to 616D,inclusive, or chapter 617 of NRS.

2. In a county in which such a license is notrequired, the board of county commissioners shall require a business, whenapplying for a post office box, to submit to the board the affidavit requiredby subsection 1.

3. Each board of county commissioners shall submit tothe Administrator of the Division of Industrial Relations of the Department ofBusiness and Industry monthly a list of the names of those businesses whichhave submitted an affidavit required by subsections 1 and 2.

4. Upon receiving an affidavit required by thissection, a board of county commissioners shall provide the owner of thebusiness with a document setting forth the rights and responsibilities ofemployers and employees to promote safety in the workplace, in accordance withregulations adopted by the Division of Industrial Relations of the Departmentof Business and Industry pursuant to NRS618.376.

(Added to NRS by 1991, 2436; A 1993, 775, 2778, 2820;1995, 641, 649, 2041; 1999,231, 1811)

NRS 244.33506 Applicationfor or renewal of license, permit or certificate: Statement regardingobligation of child support required; grounds for denial; duty of board ofcounty commissioners. [Expires by limitation on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. If a board of county commissioners requires aperson to obtain a license, permit or certificate to practice a profession oroccupation pursuant to NRS 244.334 or 244.335, an applicant for the issuance orrenewal of such a license, certificate or permit shall submit to the board ofcounty commissioners the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The board of county commissioners shall include thestatement required pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license, certificate or permit; or

(b) A separate form prescribed by the board of countycommissioners.

3. A license, certificate or permit may not be issuedor renewed by a board of county commissioners pursuant to NRS 244.334 or 244.335 if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the board of countycommissioners shall advise the applicant to contact the district attorney orother public agency enforcing the order to determine the actions that the applicantmay take to satisfy the arrearage.

(Added to NRS by 1997, 2042; A 2005, 2336)

NRS 244.33507 Applicationfor issuance of license, permit or certificate: Social security numberrequired. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.] Anapplication for the issuance of a license, permit or certificate to practice aprofession or occupation pursuant to NRS244.334 or 244.335 must include thesocial security number of the applicant.

(Added to NRS by 1997, 2043; A 2005, 2337)

NRS 244.33508 Mandatorysuspension of license, certificate or permit for failure to pay child supportor comply with certain subpoenas or warrants; reinstatement. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. If a board of countycommissioners receives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is the holder of a license,certificate or permit to practice a profession or occupation in that county,the board of county commissioners shall deem the license, certificate or permitissued to that person to be suspended at the end of the 30th day after the dateon which the court order was issued unless the board of county commissioners receivesa letter issued to the holder of the license, certificate or permit by thedistrict attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense, certificate or permit has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. A board of county commissioners shall reinstate alicense, certificate or permit to practice a profession or occupation in thatcounty that has been suspended by a district court pursuant to NRS 425.540 if the board of countycommissioners receives a letter issued by the district attorney or other publicagency pursuant to NRS 425.550 to theperson whose license, certificate or permit was suspended stating that theperson whose license, certificate or permit was suspended has complied with thesubpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2042)

NRS 244.3351 Optionaltax on revenues from rental of transient lodging: Imposition andadministration.

1. Except as otherwise provided in subsection 2 of NRS 244.3359, in addition to all othertaxes imposed on the revenue from the rental of transient lodging, a board ofcounty commissioners may by ordinance, but not as in a case of emergency, imposea tax at the rate of 1 percent of the gross receipts from the rental oftransient lodging pursuant to either paragraph (a) or (b) as follows:

(a) After receiving the approval of a majority of theregistered voters of the county voting on the question at a special, primary orgeneral election, the board of county commissioners may impose the taxthroughout the county, including its incorporated cities, upon all persons inthe business of providing lodging. The question may be combined with a questionsubmitted pursuant to NRS 278.710, 371.045 or 377A.020, or any combination thereof.

(b) After receiving the approval of a majority of theregistered voters who reside within the boundaries of a transportation districtcreated pursuant to NRS 244A.252,voting on the question at a special, primary or general district election, theboard of county commissioners may impose the tax within the boundaries of thetransportation district upon all persons in the business of providing lodging.The question may be combined with a question submitted pursuant to NRS 278.710.

2. A special election may be held only if the board ofcounty commissioners determines, by a unanimous vote, that an emergency exists.The determination made by the board of county commissioners is conclusiveunless it is shown that the board acted with fraud or a gross abuse ofdiscretion. An action to challenge the determination made by the board must becommenced within 15 days after the boards determination is final. As used inthis subsection, emergency means any unexpected occurrence or combination ofoccurrences which requires immediate action by the board of countycommissioners to prevent or mitigate a substantial financial loss to the countyor to enable the board to provide an essential service to the residents of thecounty.

3. The ordinance imposing the tax must include all thematters required by NRS 244.3352 forthe mandatory tax, must be administered in the same manner, and imposes thesame liabilities, except:

(a) Collection of the tax imposed pursuant to thissection must not commence earlier than the first day of the second calendarmonth after adoption of the ordinance imposing the tax; and

(b) The governmental entity collecting the tax shalltransfer all collections to the county and may not retain any part of the taxas a collection or administrative fee.

(Added to NRS by 1991, 25; A 1993, 1035, 2779, 2822; 1999, 1670)

NRS 244.33512 Optionaltax on revenues from rental of transient lodging: Distribution and use ofproceeds of tax imposed throughout county. Ina county in which a tax has been imposed pursuant to paragraph (a) ofsubsection 1 of NRS 244.3351:

1. The proceeds of the tax and any applicable penaltyor interest must be:

(a) Remitted to the appropriate city if collected inthe incorporated area of any city and not within any transportation districtcreated by the county, or if collected in any transportation district createdby a city; or

(b) Retained by the county if collected elsewhere, andused as provided in this section.

2. Except as otherwise provided in subsection 3, ifthe county has created one or more transportation districts, it shall use anypart of the money retained which is collected within the boundaries of atransportation district to pay the cost of:

(a) Projects related to the construction andmaintenance of sidewalks, streets, avenues, boulevards, highways, bridges andother public rights-of-way used primarily for vehicular or fixed guidewaytraffic, including, without limitation, overpass projects, street projects andunderpass projects, as defined in NRS244A.037, 244A.053 and 244A.055, respectively:

(1) Within the boundaries of the district;

(2) Within 1 mile outside the boundaries of thedistrict if the governing body finds that such projects outside the boundariesof the district will facilitate transportation within the district; or

(3) Within 30 miles outside the boundaries ofthe district and the boundaries of this State, where those boundaries arecoterminous, if:

(I) The projects consist of improvementsto a highway which is located wholly or partially outside the boundaries ofthis State and which connects this State to an interstate highway; and

(II) The governing body finds that suchprojects will provide a significant economic benefit to the district;

(b) Payment of principal and interest on notes, bondsor other obligations issued by the county to fund projects described inparagraph (a); or

(c) Any combination of those uses.

3. In addition to those uses set forth in subsection2, if a county has created one or more transportation districts and all or anyportion of those districts are located in an area that is governed by aninterstate compact entered into by this State and a state that borders this State,the county may use any part of the money retained which is collected within theboundaries of a transportation district to pay the cost of establishing,operating and maintaining a public transit system, including any improvementthereto, within the boundaries of the district, or outside those boundaries ifthe governing body finds that such a system outside the boundaries of thedistrict will facilitate transportation within the district, or both.

4. If the county has entered into an agreementpursuant to NRS 277.080 to 277.170, inclusive, which contemplateslater payment by the other party of a portion of the cost of a project whichmay be funded pursuant to subsection 2, the county may pay from retainedproceeds the principal and interest on notes, bonds or other obligations issuedin anticipation of that payment.

5. Any part of the money retained which is collectedin the unincorporated area of the county and not within any transportationdistrict created by the county or a city must be used for the same purposes:

(a) Within the unincorporated area of the county;

(b) Within 1 mile outside the unincorporated area ofthe county if the board of county commissioners finds that such projectsoutside that area will facilitate transportation within that area; or

(c) Within 30 miles outside the unincorporated area ofthe county and the boundaries of this State, where those boundaries arecoterminous, if:

(1) The projects consist of improvements to ahighway which is located wholly or partially outside the boundaries of thisState and which connects this State to an interstate highway; and

(2) The board of county commissioners finds thatsuch projects will provide a significant economic benefit to that area.

6. As used in this section:

(a) Improvement has the meaning ascribed to it in NRS 244A.033.

(b) Public transit system means a system designed tofacilitate the transportation of members of the general public, including:

(1) The use of motor buses, rails or any othermeans of conveyance, operated by whatever type of power; and

(2) An offstreet parking project or an overpassproject as defined in NRS 244A.035 and244A.037, respectively.

(Added to NRS by 1991, 25; A 1995, 115, 1604; 1997,2442; 1999, 980; 2001, 1665)

NRS 244.33514 Optionaltax on revenues from rental of transient lodging: Use of proceeds of taximposed within boundaries of transportation district.In a transportation district in which a tax has been imposed pursuant toparagraph (b) of subsection 1 of NRS244.3351, the proceeds of the tax and any applicable penalty or interestmust be retained by the county and used to pay the cost of:

1. Projects related to the construction andmaintenance of sidewalks, streets, avenues, boulevards, highways and otherpublic rights-of-way used primarily for vehicular traffic, including, withoutlimitation, overpass projects, street projects and underpass projects, asdefined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of thedistrict or within such a distance outside those boundaries as is stated in theordinance imposing the tax, if the governing body finds that such projectsoutside the boundaries of the district will facilitate transportation withinthe district;

2. Payment of principal and interest on notes, bonds orother obligations issued by the county to fund projects described in subsection1; or

3. Any combination of those uses.

(Added to NRS by 1991, 26)

NRS 244.33516 Optionaltax on revenues from rental of transient lodging: Periodic reports to Legislature. A board of county commissioners which, after March 25,1991, imposes a tax pursuant to NRS244.3351, 278.710, 365.203, 371.045,373.030 or 377A.020, shall, by January 1, 2001, andevery 10 years thereafter:

1. Prepare a comprehensive report which includes:

(a) A statement of the proposed uses during thefollowing 10 years of the revenues to be collected from each tax imposed; and

(b) A projection of the principal amount of any generalor special obligation bonds or other securities proposed to be issued duringthe following 10 years to fund projects described in paragraph (a) ofsubsection 2 of NRS 244.33512;

2. Hold a public hearing to consider and solicitcomments on the report; and

3. Provide a copy of the report to the next regularsession of the Legislature.

(Added to NRS by 1991, 26)

NRS 244.3352 Mandatorytax on revenues from rental of transient lodging: Imposition and collection;schedule for payment; penalty and interest for late payment.

1. The board of county commissioners:

(a) In a county whose population is 400,000 or more,shall impose a tax at a rate of 2 percent; and

(b) In a county whose population is less than 400,000,shall impose a tax at the rate of 1 percent,

of the grossreceipts from the rental of transient lodging in that county upon all personsin the business of providing lodging. This tax must be imposed by the board ofcounty commissioners in each county, regardless of the existence ornonexistence of any other license fee or tax imposed on the revenues from therental of transient lodging. The ordinance imposing the tax must include aschedule for the payment of the tax and the provisions of subsection 4.

2. The tax imposed pursuant to subsection 1 must becollected and administered pursuant to NRS244.335.

3. The tax imposed pursuant to subsection 1 may becollected from the paying guests and may be shown as an addition to the chargefor the rental of transient lodging. The person providing the transient lodgingis liable to the county for the tax whether or not it is actually collectedfrom the paying guest.

4. If the tax imposed pursuant to subsection 1 is notpaid within the time set forth in the schedule for payment, the county shallcharge and collect in addition to the tax:

(a) A penalty of not more than 10 percent of the amountdue, exclusive of interest, or an administrative fee established by the boardof county commissioners, whichever is greater; and

(b) Interest on the amount due at the rate of not morethan 1.5 percent per month or fraction thereof from the date on which the taxbecame due until the date of payment.

5. As used in this section, gross receipts from therental of transient lodging does not include the tax imposed and collectedfrom paying guests pursuant to this section or NRS 268.096.

(Added to NRS by 1983, 476; A 1987, 900; 1989, 167,907; 1997, 2458)

NRS 244.3354 Mandatorytax on revenues from rental of transient lodging: Distribution of proceeds. The proceeds of the tax imposed pursuant to NRS 244.3352 and any applicable penalty orinterest must be distributed as follows:

1. In a county whose population is 400,000 or more:

(a) Three-eighths of the first 1 percent of theproceeds must be paid to the Department of Taxation for deposit with the StateTreasurer for credit to the Fund for the Promotion of Tourism.

(b) The remaining proceeds must be transmitted to thecounty treasurer for deposit in the county school districts fund for capitalprojects established pursuant to NRS 387.328,to be held and expended in the same manner as other money deposited in thatfund.

2. In a county whose population is less than 400,000:

(a) Three-eighths must be paid to the Department ofTaxation for deposit with the State Treasurer for credit to the Fund for thePromotion of Tourism.

(b) Five-eighths must be deposited with the county fairand recreation board created pursuant to NRS244A.599 or, if no such board is created, with the board of countycommissioners, to be used to advertise the resources of that county related totourism, including available accommodations, transportation, entertainment,natural resources and climate, and to promote special events related thereto.

(Added to NRS by 1983, 476; A 1987, 901; 1993, 2330;1997, 2459)

NRS 244.3356 Mandatorytax on revenues from rental of transient lodging: Prohibited uses of proceeds. The proceeds of the tax imposed pursuant to NRS 244.3352 may not be used:

1. As additional security for the payment of, or toredeem, any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive.

2. To defray the costs of collecting or administeringthe tax incurred by the county fair and recreation board.

3. To operate and maintain recreational facilitiesunder the jurisdiction of the county fair and recreation board.

4. To improve and expand recreational facilitiesauthorized by NRS 244A.597 to 244A.655, inclusive.

5. To construct, purchase or acquire such recreationalfacilities.

(Added to NRS by 1983, 476)

NRS 244.33565 Taxeson revenues from rental of transient lodging: Adoption of ordinance definingtransient lodging.

1. Each board of county commissioners shall adopt anordinance that defines the term transient lodging for the purposes of alltaxes imposed by the board on the rental of transient lodging. The ordinancemust specify the types of lodging to which the taxes apply.

2. The definition adopted by the board may includerooms or spaces in any one or more of the following:

(a) Hotels;

(b) Motels;

(c) Apartments;

(d) Time-share projects, except when an owner of a unitin the time-share project who has a right to use or occupy the unit isoccupying the unit pursuant to a time-share instrument as defined in NRS 119A.150;

(e) Apartment hotels;

(f) Vacation trailer parks;

(g) Campgrounds;

(h) Parks for recreational vehicles; and

(i) Any other establishment that rents rooms or spacesto temporary or transient guests.

3. The board may provide one or more differentdefinitions pursuant to subsection 1 for different jurisdictions within thecounty in which the taxes are collected. Unless the governing body of the governmentalentity that collects the taxes consents by majority vote to a change, eachdefinition must be consistent with the past practices of the specificjurisdiction in which the taxes are collected.

(Added to NRS by 1997, 1266)

NRS 244.3357 Taxeson revenues from rental of transient lodging: Annual report to Department ofTaxation. On or before August 15 of each year,the board of county commissioners in each county shall submit a report to theDepartment of Taxation which states:

1. The rate of all taxes imposed on the revenues fromthe rental of transient lodging pursuant to NRS244.335 and 244.3352 and anyspecial act in the preceding fiscal year;

2. The total amount of revenue collected from alltaxes imposed on the revenues from the rental of transient lodging pursuant to NRS 244.335 and 244.3352 and any special act in thepreceding fiscal year; and

3. The manner in which the revenue was used in theprevious fiscal year.

(Added to NRS by 1989, 905)

NRS 244.3358 Taxeson revenues from rental of transient lodging: Assignment of certain proceeds bycertain counties to general improvement district furnishing recreationalfacilities; use of proceeds assigned; pledge of proceeds prohibits revocationof assignment.

1. A county whose population is less than 100,000 mayby ordinance assign to a district created pursuant to chapter 318 of NRS which has been granted thebasic power of furnishing recreational facilities all or any portion of theproceeds of any tax on the revenues from the rental of transient lodging whichis imposed by the county and collected within the boundaries of the district,except the tax imposed pursuant to NRS244.3352 or a tax imposed pursuant to NRS244.3351.

2. The district may use the proceeds assigned pursuantto subsection 1 for any purpose authorized pursuant to NRS 318.143.

3. The district may, with the consent of the board ofcounty commissioners or as otherwise provided in NRS 268.460, irrevocably pledge theproceeds assigned pursuant to subsection 1 for:

(a) The repayment of any bonds or short-term ormedium-term obligations issued pursuant to chapter318 or 350 of NRS for any lawful purposepertaining to the furnishing of recreational facilities; or

(b) The refinancing of any such bonds or obligations.

The consentof the board of county commissioners must be given by resolution. If anyproceeds are pledged pursuant to this subsection, the assignment of theproceeds may not be revoked until the bonds or short-term or medium-termobligations for which the proceeds were pledged have been completely repaid.

4. No assignment may be made pursuant to this sectionwhich is inconsistent with an assignment made or contract entered into for thepurposes of NRS 244A.597 to 244A.655, inclusive.

5. A county which makes an assignment pursuant to thissection may retain an amount equal to the reasonable cost of collecting thetax, which must not exceed 2 percent of the proceeds of the tax for any periodof collection.

(Added to NRS by 1985, 385; A 1991, 28; 1995, 1813;1997, 283)

NRS 244.3359 Taxeson rental of transient lodging: Limitations on imposition of new tax and onincrease in rate of existing tax; legislative declaration.

1. A county whose population is 400,000 or more shallnot impose a new tax on the rental of transient lodging or increase the rate ofan existing tax on the rental of transient lodging after March 25, 1991, exceptpursuant to NRS 244.3351 and 244.3352.

2. A county whose population is 100,000 or more butless than 400,000 shall not impose a new tax on the rental of transient lodgingor increase the rate of an existing tax on the rental of transient lodgingafter March 25, 1991.

3. The Legislature hereby declares that the limitationimposed by subsection 2 will not be repealed or amended except to allow theimposition of an increase in such a tax for the promotion of tourism or for theconstruction or operation of tourism facilities by a convention and visitorsauthority.

(Added to NRS by 1991, 27; A 1997, 2460)

NRS 244.336 Farmersmarkets: Definitions. As used in this sectionand NRS 244.337 and 244.338, unless the context otherwiserequires:

1. Farmers market means a place of business wherethe actual producer of farm products can bring the products for direct sale toconsumers. The term includes a place of business where a person rents space toproducers for the sale of farm products.

2. Farm products has the meaning ascribed to it in NRS 576.0155.

(Added to NRS by 1975, 1203; A 1993, 432)

NRS 244.337 Farmersmarkets: Licensing and regulation.

1. The board of county commissioners of any county mayprovide by ordinance for the licensing and regulating of farmers marketslocated outside of an incorporated city.

2. Every person who establishes a farmers marketshall make application to the board of county commissioners of the county inwhich the farmers market is to be located. The application must be in a formand manner prescribed by the board of county commissioners.

3. The board of county commissioners may:

(a) Fix, impose and collect license fees upon themarket.

(b) Grant or deny applications for licenses or imposeconditions, limitations and restrictions upon the license.

(c) Adopt, amend and repeal regulations relating to thelicenses and licensees of farmers markets.

(Added to NRS by 1975, 1203; A 1987, 1717)

NRS 244.338 Farmersmarkets: Responsibilities of licensee; unlawful acts.

1. The person, firm, association or corporationlicensed by the board of county commissioners to establish a farmers marketis:

(a) Responsible for the collection of any taxesrequired pursuant to chapters 372, 374 and 377 ofNRS.

(b) An employer as defined in NRS 616A.230 for the purpose of providingcoverage under the Nevada Industrial Insurance Act.

2. A person who sells farm products within thefarmers market is not required to be licensed.

3. It is unlawful for any person to sell, within thefarmers market, any product which is not a farm product.

(Added to NRS by 1975, 1204)

NRS 244.340 Tentshows, circuses, theme parks and permanent exhibitions: Licensing by ordinance;license tax; exception to requirement of acquiring state license orcertificate.

1. County commissioners of the several counties shallprovide by ordinance for the licensing of tent shows, circuses, theme parks andpermanent exhibitions in their respective counties.

2. In no case may a license for a tent show or circusbe issued for a sum of less than $25 per day or more than $300 per day, whichmust be in addition to any license provided by ordinance in any incorporatedmunicipality, city or town of the county. Upon written application of any executiveofficer of any local post or unit of any national organization ofex-servicemen, acting in his official capacity, such a license or licenses mustbe issued without charge for not to exceed 2 weeks in any calendar year, if thelocal post or unit is to participate in the show or the proceeds thereof.

3. In no case may a license for a theme park orpermanent exhibition be issued for a sum of less than $25 per day or more than$100 per day, which must be in addition to any license provided by ordinance inany incorporated municipality, city or town of the county.

4. Upon compliance with the terms of the ordinance,the owner or operator of the theme park or permanent exhibition is not requiredto acquire any license or certificate from a state agency which would otherwisebe required to operate a lift, tramway, monorail, elevator, escalator, rollercoaster or other conveyance used primarily in connection with the theme park orpermanent exhibit.

[1:32:1929; A 1933, 94; 1931 NCL 2041](NRS A 1987,508)

NRS 244.345 Dancinghalls, escort services, entertainment by referral services and gambling gamesor devices; limitation on licensing of houses of prostitution.

1. Every natural person wishing to be employed as anentertainer for an entertainment by referral service and every natural person,firm, association of persons or corporation wishing to engage in the businessof conducting a dancing hall, escort service, entertainment by referral serviceor gambling game or device permitted by law, outside of an incorporated city,must:

(a) Make application to the license board of the countyin which the employment or business is to be engaged in, for a county licenseof the kind desired. The application must be in a form prescribed by theregulations of the license board.

(b) File the application with the required license feewith the county license collector, as provided in chapter364 of NRS, who shall present the application to the license board at itsnext regular meeting.

The board,in counties whose population is less than 400,000, may refer the petition tothe sheriff, who shall report upon it at the following regular meeting of theboard. In counties whose population is 400,000 or more, the board shall referthe petition to the metropolitan police department. The department shallconduct an investigation relating to the petition and report its findings tothe board at the next regular meeting of the board. The board shall at thatmeeting grant or refuse the license prayed for or enter any other orderconsistent with its regulations. Except in the case of an application for alicense to conduct a gambling game or device, the county license collector maygrant a temporary permit to an applicant, valid only until the next regularmeeting of the board. In unincorporated towns and cities governed pursuant tothe provisions of chapter 269 of NRS, thelicense board has the exclusive power to license and regulate the employmentand businesses mentioned in this subsection.

2. The board of county commissioners, and in a countywhose population is less than 400,000, the sheriff of that county constitutethe license board, and the county clerk or other person designated by thelicense board is the clerk thereof, in the respective counties of this state.

3. The license board may, without further compensationto the board or its clerk:

(a) Fix, impose and collect license fees upon theemployment and businesses mentioned in this section.

(b) Grant or deny applications for licenses and imposeconditions, limitations and restrictions upon the licensee.

(c) Adopt, amend and repeal regulations relating tolicenses and licensees.

(d) Restrict, revoke or suspend licenses for causeafter hearing. In an emergency the board may issue an order for immediatesuspension or limitation of a license, but the order must state the reason forsuspension or limitation and afford the licensee a hearing.

4. The license board shall hold a hearing beforeadopting proposed regulations, before adopting amendments to regulations, andbefore repealing regulations relating to the control or the licensing of theemployment or businesses mentioned in this section. Notice of the hearing mustbe published in a newspaper published and having general circulation in thecounty at least once a week for 2 weeks before the hearing.

5. Upon adoption of new regulations the board shalldesignate their effective date, which may not be earlier than 15 days aftertheir adoption. Immediately after adoption a copy of any new regulations mustbe available for public inspection during regular business hours at the officeof the county clerk.

6. Except as otherwise provided in NRS 241.0355, a majority of the membersconstitutes a quorum for the transaction of business.

7. Any natural person, firm, association of persons orcorporation who engages in the employment of any of the businesses mentioned inthis section without first having obtained the license and paid the license feeas provided in this section is guilty of a misdemeanor.

8. In a county whose population is 400,000 or more,the license board shall not grant any license to a petitioner for the purposeof operating a house of ill fame or repute or any other business employing anyperson for the purpose of prostitution.

9. As used in this section:

(a) Entertainer for an entertainment by referralservice means a natural person who is sent or referred for a fee to a hotel ormotel room, home or other accommodation by an entertainment by referral servicefor the purpose of entertaining the person located in the hotel or motel room,home or other accommodation.

(b) Entertainment by referral service means a personor group of persons who send or refer another person to a hotel or motel room,home or other accommodation for a fee in response to a telephone or otherrequest for the purpose of entertaining the person located in the hotel ormotel room, home or other accommodation.

[1:50:1923; NCL 2037] + [2:50:1923; NCL 2038] +[3:50:1923; NCL 2039] + [4:50:1923; NCL 2040](NRS A 1959, 838; 1961, 364;1971, 11; 1973, 923; 1975, 562; 1979, 20, 305, 511, 728, 730, 732, 733; 1989,1899; 1991, 166; 2001,1124)

NRS 244.3475 Pagingservices in county whose population is 400,000 or more: Ordinance requiredregarding maintenance of certain records.

1. The board of county commissioners of a county whosepopulation is 400,000 or more shall enact an ordinance requiring a person otherthan a public utility who:

(a) Purchases paging services from a public utility:and

(b) Resells those paging services to another person foruse primarily in the unincorporated area of the county,

to maintainsuch records of the names and addresses of the persons to whom the pagingservices are resold as the board deems necessary.

2. The ordinance must include:

(a) The information that must be included in therecords required to be maintained; and

(b) The length of time that the records must bemaintained.

3. As used in this section, public utility means:

(a) A public utility as defined in NRS 704.020; and

(b) A provider of a commercial mobile service asdefined in 47 U.S.C. 332.

(Added to NRS by 1999, 1642)

NRS 244.348 Pawnbrokers:Additional license required to use motor vehicle as collateral for loan; feefor additional license.

1. If the board of county commissioners requires alicense to engage in business as a pawnbroker, it shall also require anadditional license if the pawnbroker accepts motor vehicles as pledged propertyor in any other manner allows the use of a motor vehicle as collateral for aloan. A license authorizing a pawnbroker to accept motor vehicles as pledgedproperty must not be issued to a person who does not have a license to engagein business as a pawnbroker.

2. The board shall charge and collect an additionalfee of not more than $500 for each license authorizing a pawnbroker to acceptmotor vehicles as pledged property, and shall issue the license upon payment ofthe prescribed fee.

(Added to NRS by 1993, 2324)

NRS 244.3485 Secondhanddealers: Licensing; fines for certain violations.

1. The board of county commissioners of each countyshall, by ordinance, require each person who wishes to engage in the businessof a secondhand dealer in an unincorporated area of the county to obtain alicense issued by the board before he engages in the business of a secondhanddealer.

2. The ordinance must require the applicant to submit:

(a) An application for a license to the board of countycommissioners in a form prescribed by the board.

(b) With his application a complete set of hisfingerprints and written permission authorizing the board to forward thosefingerprints to the Central Repository for Nevada Records of Criminal Historyfor submission to the Federal Bureau of Investigation for its report.

3. The board of county commissioners shall not issue alicense pursuant to this section to an applicant who has been convicted of, orentered a plea of guilty or nolo contendere to, a felony involving moralturpitude or related to the qualifications, functions or duties of a secondhanddealer.

4. The board of county commissioners may:

(a) Establish and collect a fee for the issuance orrenewal of a license;

(b) Establish and collect a fee to cover the costs ofthe investigation of an applicant, including a fee to process the fingerprintsof the applicant;

(c) Place conditions, limitations or restrictions uponthe license;

(d) Establish any other requirements necessary to carryout the provisions of this section; or

(e) Enact an ordinance which covers the same or similarsubject matter included in the provisions of NRS647.140 and which provides that any person who violates any provision ofthat ordinance shall be punished:

(1) For the first offense, by a fine of not morethan $500.

(2) For the second offense, by a fine of notmore than $1,000.

(3) For the third offense, by a fine of not morethan $2,000 and by revocation of the license of the secondhand dealer.

(Added to NRS by 2003, 654)

NRS 244.349 Grantof license required upon relocation of business under certain circumstances. If a board of county commissioners has required by ordinancethat a certain distance be maintained between similar businesses, and the boardor any other officer or body so authorized grants a variance for the locationof any particular business that is relocated because of the countysacquisition of the former site of that particular business, any other similarbusiness being conducted at the time of the relocation which is affected by theexercise of the variance must be granted a license to engage in business thatis equivalent to the license granted to the relocated business.

(Added to NRS by 1993, 2213)

NRS 244.350 Saleof intoxicating liquors: Licensing and regulation by county liquor board;exception.

1. The board of county commissioners and, in a countywhose population is less than 400,000, the sheriff of that county, constitute aliquor board. The liquor board may, without further compensation, grant orrefuse liquor licenses, and revoke those licenses whenever there is, in thejudgment of a majority of the board, sufficient reason for revocation. Theboard shall elect a chairman from among its members.

2. The liquor board in each of the several countiesshall enact ordinances:

(a) Regulating the sale of intoxicating liquors intheir respective counties.

(b) Fixing the hours of each day during which liquormay be sold or disposed of.

(c) Prescribing the conditions under which liquor maybe sold or disposed of.

(d) Prohibiting the employment or service of minors inthe sale or disposition of liquor.

(e) Prohibiting the sale or disposition of liquor inplaces where, in the judgment of the board, the sale or disposition may tend tocreate or constitute a public nuisance, or where by the sale or disposition ofliquor a disorderly house or place is maintained.

3. In a county whose population is 400,000 or more,the liquor board shall refer any petition for a liquor license to themetropolitan police department. The department shall conduct an investigationrelating to the petition and report its findings to the liquor board at thenext regular meeting of the board.

4. All liquor dealers within any incorporated city areexempt from the effect of this section, and are to be regulated only by thegovernment of that city.

5. The liquor board may deny or refuse to renew thelicense of a person who has willfully violated the provisions of NRS 369.630 more than three times in any24-month period.

6. The liquor board shall not deny a license to aperson solely because he is not a citizen of the United States.

[1:184:1933; 1931 NCL 3690](NRS A 1973, 924; 1975,563, 1487; 1977, 624; 1979, 735, 736, 1169; 1985, 257; 1987, 1718; 1989, 1900; 2005, 2686)

NRS 244.3501 Saleof intoxicating liquors: Enactment, style and recording of liquor boardsordinances.

1. An ordinance of the liquor board shall not bepassed except by bill. When any ordinance is amended, the section or sectionsthereof shall be reenacted as amended, and an ordinance shall not be revised oramended by reference only to its title.

2. Every liquor board ordinance shall:

(a) Bear a summary, which shall appear before the titleand which shall state in brief the subject matter of the ordinance.

(b) Embrace but one subject and matters necessarilyconnected therewith and pertaining thereto. The subject shall be clearly indicatedin the title. In all cases where the subject of the ordinance is not soexpressed in the title, the ordinance shall be void as to the matter notexpressed in the title.

3. All proposed liquor board ordinances, when firstproposed, shall be read aloud in full to the liquor board, and final actionthereon shall be deferred until the next regular meeting of the board; but incases of emergency, by unanimous consent of the whole board, final action maybe taken immediately or at a special meeting called for that purpose.

4. All ordinances shall be:

(a) Signed by the chairman of the liquor board.

(b) Attested by the county clerk.

(c) Published by title only, together with the names ofthe liquor board members voting for or against their passage, in a newspaperpublished in and having a general circulation in the county, at least once aweek for a period of 2 weeks before the same shall go into effect. Publicationby title shall also contain a statement to the effect that typewritten copiesof the ordinance are available for inspection at the office of the county clerkby all interested persons.

5. The style of liquor board ordinances shall be asfollows:

 

The Liquor Board of the

County of................Do Ordain:

(Body of ordinance)

(Last section ofordinance)

Proposed on ......................... (month)................. (day).......... (year)

Proposed by Member..........................................................................................................

Passed ................................... (month)................. (day).......... (year)

 

Vote:

Ayes: Members......................................................................

Nays: Members......................................................................

Absent: Members......................................................................

 

Attest:

................................................................... .......................................................................

County Clerk Chairmanof the Liquor Board

 

This ordinance shall be in force and effect from andafter the...........day of the month of of the year

 

6. The county clerk shall record all liquor boardordinances in a book kept for that purpose, together with the affidavits ofpublication by the publisher. The book, or a certified copy of an ordinancetherein recorded and under the seal of the county, shall be received as primafacie evidence in all courts and places without further proof.

(Added to NRS by 1977, 625; A 2001, 45)

NRS 244.351 Saleof intoxicating liquors: Sale by minors allowed in certain circumstances. A person who has attained the age of 16 years and has notattained the age of 18 years may be employed in a retail food store for thesale or disposition of liquor if:

1. He is supervised by a person who is 18 years of ageor over and who is an owner or an employee of the business which sells ordisposes of the liquor;

2. Such person 18 years of age or over who issupervising such person under 18 is actually present at the time that suchperson under 18 sells or disposes of the liquor; and

3. The liquor is in a container or receptacle which iscorked or sealed.

(Added to NRS by 1969, 1226; A 1973, 1578)

NRS 244.352 Licenseboard and liquor board may be merged. Anyboard of county commissioners may by ordinance provide for the merger of thelicense board and the liquor board. The merged board shall perform allfunctions and has all powers provided for each of the separate boards.

(Added to NRS by 1979, 736)

NRS 244.3525 Administrationof oaths; payment of witnesses; appointment and qualifications of hearingofficers; service of notice.

1. The chairman or clerk of the board of countycommissioners to enforce NRS 244.331 to 244.3345, inclusive, and 244.335 to 244.340, inclusive, the chairman or clerkof the license board of the county to enforce NRS244.345 and the chairman or clerk of the liquor board of the county toenforce NRS 244.350, 244.3501 and 244.351 may:

(a) Administer oaths and require testimony under oath;

(b) Pay witnesses a reasonable allowance for travel andsubsistence; and

(c) Appoint hearing officers who may administer oathsand receive testimony given under oath.

2. Each hearing officer appointed pursuant toparagraph (c) of subsection 1 must be a resident of this State who is agraduate of:

(a) An accredited law school; or

(b) An accredited, 4-year college and has at least 5years experience in public administration,

and who hascompleted a course of instruction in administrative law, relating to theprovisions of this chapter, offered by the office of the district attorney forthe county. This course must consist of at least 4 hours of instruction in aclassroom.

3. Any notice given by the board must be served in themanner required for civil actions.

(Added to NRS by 1985, 1238; A 1997, 3130; 2005, 2337)

REGULATION AND LICENSING OF OUTDOOR ASSEMBLIES

NRS 244.354 Ordinancerequired. The board of county commissioners ofeach county shall adopt an ordinance regulating and licensing outdoorassemblies. The minimum requirements set forth in NRS 244.354 to 244.3548, inclusive, may be incorporatedin such ordinance.

(Added to NRS by 1973, 1297)

NRS 244.3541 Assemblydefined. As used in NRS 244.354 to 244.3548, inclusive, unless the contextotherwise requires, assembly means a company of persons gathered together forany purpose at any location, other than in a permanent building or permanentinstallation, which has been constructed for and will accommodate the number ofpersons gathered therein.

(Added to NRS by 1973, 1297; A 1985, 513)

NRS 244.3542 Licenserequired. Every person who permits, maintains,promotes, conducts, advertises, operates, undertakes, organizes, manages, sellsor gives away tickets to an actual or reasonably anticipated assembly of 1,000or more individuals shall obtain a license from the board of countycommissioners of the county in which such assembly is proposed, in accordancewith the provisions of NRS 244.354 to 244.3548, inclusive.

(Added to NRS by 1973, 1297)

NRS 244.3543 Applicationfor license: Time; contents. Application for alicense to conduct such an assembly shall be made in writing to the countyclerk at least 60 days prior to the time indicated for the commencement of theplanned activity and shall be accompanied by a nonrefundable application fee inthe amount established by the board. The application shall include:

1. The name and address of the applicant orapplicants.

2. The legal description of the place where theproposed assembly is to be held.

3. The date or dates of the assembly.

4. The estimated attendance at the assembly.

5. The nature or purpose of the assembly.

6. Such other information as the board determines isnecessary.

(Added to NRS by 1973, 1298)

NRS 244.3544 Hearing:Notice; investigation; grant, denial or conditioning of license; issuance oflicense.

1. Upon receipt of a complete application and theapplication fee, the clerk shall:

(a) Set the application for public hearing at a regularmeeting of the board, not less than 15 days nor more than 30 days thereafter,and give not less than 10 days written notice thereof to the applicant.

(b) Promptly give notice of such hearing and copies ofthe application to the sheriff, the county health officer and the countyengineer, who shall investigate the application and report in writing to theboard not later than the hearing with appropriate recommendations related totheir official functions, as to granting a license and conditions thereof.

2. Based upon the testimony of the witnesses andevidence presented at such hearing, including the reports of such officers, theboard shall grant the license, deny the license or set conditions which must bemet, or security given that such conditions will be met, before a license isgranted. If conditions are imposed by the board, the applicant shall furnish orcause to be furnished to the clerk proof that all conditions have been metbefore the license is issued by the clerk.

3. When the clerk certifies that all conditions havebeen met, the sheriff shall, upon receipt of a license fee in an amount to bedetermined by the board, issue a license for the assembly.

(Added to NRS by 1973, 1298)

NRS 244.3545 Conditionswhich may be imposed. The conditions which maybe imposed by the board, as provided in NRS244.3544, for the protection of the health, safety and property of localresidents and persons attending such assemblies may include the following:

1. A minimum number of law enforcement officersemployed at the licensees expense.

2. Adequate drinking water.

3. An adequate sewage system.

4. Adequate food supplies.

5. Adequate toilet facilities.

6. Adequate medical facilities, including doctors andsupplies.

7. A minimum amount of parking space for vehicles.

8. Adequate camping facilities.

9. Indemnity or performance bonds.

10. Adequate fire protection at the licenseesexpense.

11. Financial statements.

12. A communication system.

13. Other conditions determined by the board to benecessary to protect the health, welfare and property of local residents andpersons attending the assembly.

(Added to NRS by 1973, 1298)

NRS 244.3546 Denialof license: Grounds; notice.

1. After holding the hearing required under NRS 244.3544, the board may deny issuanceof the license if it finds any of the following:

(a) That the applicant fails to meet the conditionsimposed pursuant to the provisions of NRS244.354 to 244.3548, inclusive.

(b) That the proposed assembly will be held in a manneror location not meeting the health, zoning, fire or building and safetystandards established by the ordinances of the county or the laws of the Stateof Nevada.

(c) That the applicant has knowingly made a false,misleading or fraudulent statement of material fact in the application for alicense.

(d) That the applicant, his employee, agent or anyperson connected or associated with the applicant as partner, director,officer, stockholder, associate or manager has previously conducted the type ofassembly indicated in the application, which resulted in the creation of apublic or private nuisance.

(e) That the applicant, his employee, agent or anyperson associated with the applicant as partner, director, officer,stockholder, associate or manager has been convicted in a court of competentjurisdiction, by final judgment of:

(1) An offense involving the presentation,exhibition or performance of an obscene production, motion picture or place, orof selling obscene matter;

(2) An offense involving lewd conduct;

(3) An offense involving the use of force andviolence upon the person of another;

(4) An offense involving misconduct withchildren; or

(5) A felony.

2. Where the application is denied, the county clerkshall mail to the applicant written notice of denial within 14 days of suchaction, which notice shall include a statement of the reasons the applicationwas denied.

(Added to NRS by 1973, 1299)

NRS 244.3547 Revocationand reinstatement of license; notice.

1. The board may revoke any license or may reinstateany license on such suitable conditions as are determined by the board.

2. Notice of intent to revoke shall be given and thelicensee is entitled to a hearing.

(Added to NRS by 1973, 1299)

NRS 244.3548 Unlawfulacts. It is unlawful for any licensee or any employee,agent or associate of a licensee to:

1. Hold an actual or reasonably anticipated assemblyof 1,000 or more persons without first procuring a license to do so.

2. Sell tickets to such an assembly without a licensefirst having been obtained.

3. Hold such an assembly in such a manner as to createa public or private nuisance.

4. Exhibit, show or conduct within the place of suchan assembly any obscene, indecent, vulgar or lewd exhibition, show, play,entertainment or exhibit, no matter by what name designated.

5. Allow any person on the premises of the licensedassembly to cause or create a disturbance in, around or near any place of theassembly, by offensive or disorderly conduct.

6. Knowingly allow any person to consume, sell or bein possession of intoxicating liquor while in such assembly except where theconsumption or possession is expressly authorized by the board and under thelaws of the State of Nevada.

7. Knowingly allow any person at the licensed assemblyto use, sell or be in possession of any controlled substance while in, aroundor near a place of the assembly.

(Added to NRS by 1973, 1299; A 1987, 1548)

HEALTH AND SAFETY

NRS 244.355 Animalsrunning at large on highways may be prohibited by ordinance.

1. The boards of county commissioners of therespective counties are authorized, upon petition of 20 percent of thetaxpayers residing in any district herein defined, to pass ordinancesprohibiting horses, cattle, swine, goats or sheep from running at large uponany portion of the roads and highways within the district which are fenced onboth sides.

2. The petition may be presented at any regular orspecial meeting of any board of county commissioners, and shall define the boundariesof the district sought to be established, and shall pray that such district maybe established and that an ordinance may be passed by the board of countycommissioners prohibiting any of the livestock mentioned in subsection 1 fromrunning at large therein.

3. The boards of county commissioners are authorizedand empowered to provide in such ordinance for the impounding and sale of anysuch livestock running at large within such district, and making a violation ofany of the provisions of the ordinance a misdemeanor and punishable as such.

[1:165:1919; 1919 RL p. 2843; NCL 4031] +[2:165:1919; 1919 RL p. 2843; NCL 4032] + [3:165:1919; 1919 RL p. 2844; NCL 4033]

NRS 244.3555 Permitsto solicit charitable contributions while standing on median strip of highwayor sidewalk adjacent to highway.

1. The boards of county commissioners of a countywhose population is more than 400,000 shall provide by ordinance for theissuance of permits to charitable organizations which allow the holders to solicitcharitable contributions for the respective organization while standing on themedian strip of any highway or the sidewalk adjacent to the highway within thejurisdiction of the county. The county shall, upon receipt of the completedapplication, issue the permit for the period requested which may not exceed 3days in a calendar year. The county may reasonably limit the time, place andmanner of the solicitation to preserve public safety. In no case may a personwhose age is less than 18 years be permitted to participate in the solicitation.The board of county commissioners of a county whose population is 400,000 orless may provide for such permits in the same manner.

2. The board may charge a fee for such a permit whichdoes not exceed:

(a) An amount reasonably calculated to reimburse thecounty for its administrative costs in considering and processing theapplication; or

(b) Fifty dollars,

whichever isless.

3. The charitable organization:

(a) Shall indemnify the county against any injury toany person or property during the solicitation which arises from or is incidentto the act of solicitation; and

(b) Is liable for any injury to any person or propertyduring the solicitation which arises from the negligence of the solicitingagent.

4. As used in this section:

(a) Charitable organization means an organizationwhich:

(1) The Secretary of the Treasury has determinedis an exempt organization pursuant to the provisions of section 501(c) of theInternal Revenue Code; and

(2) Holds a current certificate of organizationor is currently qualified by the Secretary of State to do business in thisState.

(b) Highway means the entire width between theboundary lines of every way maintained by a public authority when any partthereof is open to the use of the public for purposes of vehicular traffic. Theterm does not include a freeway as that term is defined in NRS 408.060.

(Added to NRS by 1991, 140)

NRS 244.356 Ordinanceregulating traffic on streets of residential and commercial areas in federalmilitary installation authorized. The board ofcounty commissioners of a county in which a federal military installation islocated and where exclusive federal jurisdiction is no bar may enact ordinancesregulating traffic upon the streets and alleys of residential and commercialareas within the boundaries of such federal military installation.

(Added to NRS by 1963, 26)

NRS 244.357 Police,sanitary, loitering, prowling and traffic ordinances: Enactment andenforcement.

1. Each board of county commissioners may enact andenforce such local police and sanitary ordinances and regulations as are not inconflict with the general laws and regulations of the State of Nevada, but maynot enact any ordinance or regulation fixing a speed limit on any United Stateshighway or any highway or road which is constructed, reconstructed, improved ormaintained by the Department of Transportation as provided in chapter 408 of NRS.

2. Such police and sanitary ordinances and regulationsmay be enacted to apply throughout an entire county or, where the subjectmatter makes it appropriate and reasonable, may be enacted to govern only alimited area within the county which must be specified in the ordinance.

3. Each board of county commissioners may enact andenforce loitering and prowling ordinances.

4. Subject to the restriction of subsection 1, eachboard of county commissioners may, by ordinance, regulate:

(a) All vehicular, pedestrian and other traffic withinthe unincorporated area of the county and provide generally for the publicsafety on public streets, publicly owned parking lots, parking areas to whichthe public is invited and the public rights-of-way.

(b) The length of time for which vehicles may be parkedupon the public streets and publicly owned parking lots.

(Added to NRS by 1965, 119; A 1967, 1505; 1973, 187,469; 1979, 1790; 1993, 809)

NRS 244.3571 Ordinanceto regulate operation of electric personal assistive mobility devices.

1. Each board of county commissioners may, to protectthe health and safety of the public, enact an ordinance which regulates thetime, place and manner of the operation of an electric personal assistivemobility device in the county, including, without limitation, by prohibitingthe use of an electric personal assistive mobility device in a specified areaof the county.

2. As used in this section, electric personalassistive mobility device has the meaning ascribed to it in NRS 482.029.

(Added to NRS by 2005, 415)

NRS 244.3573 Provisionof public safety within certain areas of mobile home park.

1. Members of a county law enforcement agency, or ifthe county is within the jurisdiction of a metropolitan police department, themembers of the metropolitan police department, may patrol and provide for thepublic safety:

(a) Within the common areas of a mobile home park thatis located within the unincorporated area of the county and into or upon whichthe public is admitted by easement, license or otherwise; and

(b) With the permission of the manager of such a mobilehome park, within other areas of the mobile home park.

2. As used in this section:

(a) Manager has the meaning ascribed to it in NRS 118B.0145; and

(b) Mobile home park has the meaning ascribed tomanufactured home park in NRS 118B.017.

(Added to NRS by 1999, 2051; A 2001, 1189)

NRS 244.3575 Ordinancesregulating parking: Civil penalty in lieu of criminal sanction. A board of county commissioners may by ordinance providethat the violation of a specific ordinance regulating parking imposes a civilpenalty in an amount not to exceed $155, instead of a criminal sanction.

(Added to NRS by 1989, 1058)

NRS 244.358 Ordinancefor control of rabies. In order to control rabiesand to protect the public health and welfare, the board of county commissionersof each county of this state shall enact an ordinance providing for a rabiescontrol program and shall include within the ordinance the requirementsestablished by regulations adopted by the State Board of Health.

(Added to NRS by 1965, 1073; A 1989, 301)

NRS 244.359 Ordinanceconcerning control of animals, license fee and designation of and requirementof liability insurance policy for inherently dangerous animals; applicability;civil liability in lieu of criminal penalty in certain circumstances.

1. Each board of county commissioners may enact andenforce an ordinance or ordinances:

(a) Fixing, imposing and collecting an annual licensefee on dogs and providing for the capture and disposal of all dogs on which thelicense fee is not paid.

(b) Regulating or prohibiting the running at large anddisposal of all kinds of animals.

(c) Establishing a pound, appointing a poundkeeper andprescribing his duties.

(d) Prohibiting cruelty to animals.

(e) Designating an animal as inherently dangerous andrequiring the owner of such an animal to obtain a policy of liability insurancefor the animal in an amount determined by the board of county commissioners.

2. Any ordinance or ordinances enacted pursuant to theprovisions of paragraphs (a) and (b) of subsection 1 may apply throughout anentire county or govern only a limited area within the county which shall bespecified in the ordinance or ordinances.

3. Except as otherwise provided in this subsection, aboard of county commissioners may by ordinance provide that the violation of aparticular ordinance enacted pursuant to this section imposes a civil liabilityto the county in an amount not to exceed $500, instead of a criminal penalty.An ordinance enacted pursuant to this section that creates an offense relatingto bites of animals, vicious or dangerous animals, horse tripping or cruelty toanimals must impose a criminal penalty for the offense. As used in thissubsection, horse tripping does not include tripping a horse to providemedical or other health care for the horse.

(Added to NRS by 1973, 558; A 2001, 2279)

NRS 244.360 Abatementof nuisances: Complaint; notice; hearing; order; enforcement of order; costs;alternative procedures.

1. Whenever a written complaint is filed with thecounty clerk alleging the existence of a nuisance, as defined in NRS 40.140, within the county, the countyclerk shall notify the board of county commissioners, who, except as otherwiseprovided by subsections 5 and 6 of this section, shall forthwith fix a date tohear the proof of the complainant and of the owner or occupant of the realproperty whereon the alleged nuisance is claimed to exist not less than 30 normore than 40 days subsequent to the filing of the complaint.

2. At the time of fixing the hearing the board ofcounty commissioners shall order and cause notice of the hearing to bepublished at least once a week for 2 weeks next preceding the date fixed forthe hearing in a newspaper of general circulation published in the county andif none is so published in the county then in a newspaper having a generalcirculation in the county.

3. At the time fixed for hearing, the board of countycommissioners shall proceed to hear the complaint and any opponents. The boardmay adjourn the hearing from time to time, not exceeding 14 days in all. At thehearing it shall receive the proofs offered to establish or controvert thefacts set forth in the complaint, and on the final hearing of the complaint theboard shall by resolution entered on its minutes determine whether or not anuisance exists and, if one does exist, order the person or persons responsiblefor such nuisance to abate the same. If the order is not obeyed within 5 daysafter service of a copy upon the person or persons responsible for thenuisance, the board of county commissioners shall cause the abatement of the nuisanceand make the cost of abatement a special assessment against the real property.

4. The special assessment may be collected at the sametime and in the same manner as ordinary county taxes are collected, and shallbe subject to the same penalties and the same procedure and sale in case ofdelinquency as provided for ordinary county taxes. All laws applicable to thelevy, collection and enforcement of county taxes shall be applicable to suchspecial assessment.

5. As an alternative to the procedure set forth insubsections 1, 2, 3 and 4 of this section, the board of county commissioners,upon receipt from the county clerk of notice of the filing of a complaintalleging the existence of a nuisance, may direct the district attorney tonotify the person responsible for such nuisance to abate it, and if such noticeis not obeyed after service thereof, within a reasonable time under thecircumstances, as specified by the board, to bring legal proceedings for abatementof the nuisance, and for recovery of compensatory and exemplary damages andcosts of suit. Such proceedings shall be under the control of the board ofcounty commissioners in the same manner as other suits to which the county is aparty.

6. Notwithstanding the abatement procedures set forthin the preceding subsections, any board of county commissioners in this statemay, by ordinance, direct the district attorney of the county in which theboard has jurisdiction to bring all necessary civil actions on behalf of thecounty in any court of competent jurisdiction to enjoin, abate or restrain thecontinued violation of any ordinance, rule or regulation enacted, adopted, orpassed by said board and having the effect of law, the violation of which is designatedas a nuisance in such ordinance, rule or regulation. If the board of countycommissioners decides to direct the district attorney as herein provided, itshall enact an ordinance empowering the district attorney to file all necessarycivil actions in the name of the county in any court of competent jurisdictionto enforce any such ordinance, rule or regulation of the board having theeffect of law.

[1:29:1901; RL 1562; NCL 2043](NRS A 1971, 944;1973, 215)

NRS 244.3601 Dangerousstructure or condition posing imminent danger to surrounding neighborhood:Determination; notice; special assessment against property to recover costs ofsecuring.

1. Notwithstanding the abatement procedures set forthin NRS 244.360, a board of countycommissioners may, by ordinance, provide for a reasonable means to secure adangerous structure or condition that at least three persons who enforce buildingcodes, housing codes, zoning ordinances or local health regulations, or who aremembers of a local law enforcement agency or fire department, determine in asigned, written statement to be an imminent danger to the surroundingneighborhood. The owner of the property on which the structure or condition islocated must be given reasonable written notice that is:

(a) If practicable, hand-delivered or sent prepaid byUnited States mail to the owner of the property; or

(b) Posted on the property,

before thestructure or condition is so secured. The notice must state clearly that theowner of the property may challenge the action to secure the structure or conditionand must provide a telephone number and address at which the owner may obtainadditional information.

2. The costs of securing the structure or conditionmay be made a special assessment against the real property on which thestructure or condition is located and may be collected pursuant to theprovisions set forth in subsection 4 of NRS244.360.

3. As used in this section, imminent danger meansthe existence of any structure or condition that could reasonably be expectedto cause injury or endanger the safety or health of:

(a) The occupants, if any, of the real property onwhich the structure or condition is located; or

(b) The general public.

(Added to NRS by 1995, 2536; A 2001, 3100)

NRS 244.3603 Abatementof chronic nuisances: Adoption and contents of ordinance; closure of propertyby court order; civil penalties; special assessment against property to recovercosts of abatement.

1. Each board of county commissioners may, byordinance, to protect the public health, safety and welfare of the residents ofthe county, adopt procedures pursuant to which the district attorney may filean action in a court of competent jurisdiction to:

(a) Seek the abatement of a chronic nuisance that islocated or occurring within the unincorporated area of the county;

(b) If applicable, seek the closure of the propertywhere the chronic nuisance is located or occurring; and

(c) If applicable, seek penalties against the owner ofthe property within the unincorporated area of the county and any other appropriaterelief.

2. An ordinance adopted pursuant to subsection 1 must:

(a) Contain procedures pursuant to which the owner ofthe property is:

(1) Sent a notice, by certified mail, returnreceipt requested, by the sheriff or other person authorized to issue acitation of the existence on his property of nuisance activities and the dateby which he must abate the condition to prevent the matter from being submittedto the district attorney for legal action; and

(2) Afforded an opportunity for a hearing beforea court of competent jurisdiction.

(b) Provide that the date specified in the notice bywhich the owner must abate the condition is tolled for the period during whichthe owner requests a hearing and receives a decision.

(c) Provide the manner in which the county will recovermoney expended to abate the condition on the property if the owner fails toabate the condition.

3. If the court finds that a chronic nuisance existsand action is necessary to avoid serious threat to the public welfare or thesafety or health of the occupants of the property, the court may order thecounty to secure and close the property until the nuisance is abated and may:

(a) Impose a civil penalty of not more than $500 perday for each day that the condition was not abated after the date specified inthe notice by which the owner was required to abate the condition;

(b) Order the owner to pay the county for the costincurred by the county in abating the condition; and

(c) Order any other appropriate relief.

4. In addition to any other reasonable meansauthorized by the court for the recovery of money expended by the county toabate the chronic nuisance, the board may make the expense a special assessmentagainst the property upon which the chronic nuisance is located or occurring.The special assessment may be collected pursuant to the provisions set forth insubsection 4 of NRS 244.360.

5. As used in this section:

(a) A chronic nuisance exists:

(1) When three or more nuisance activities existor have occurred during any 90-day period on the property;

(2) When a person associated with the propertyhas engaged in three or more nuisance activities during any 90-day period onthe property or within 100 feet of the property;

(3) When the property has been the subject of asearch warrant based on probable cause of continuous or repeated violations of chapter 459 of NRS; or

(4) When a building or place is used for thepurpose of unlawfully selling, serving, storing, keeping, manufacturing, usingor giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analogas defined in NRS 453.043.

(b) Nuisance activity means:

(1) Criminal activity;

(2) The presence of debris, litter, garbage,rubble, abandoned or junk vehicles or junk appliances;

(3) Violations of building codes, housing codesor any other codes regulating the health or safety of occupants of realproperty;

(4) Excessive noise and violations of curfew; or

(5) Any other activity, behavior or conductdefined by the board to constitute a public nuisance.

(c) Person associated with the property means:

(1) The owner of the property;

(2) The manager or assistant manager of theproperty;

(3) The tenant of the property; or

(4) A person who, on the occasion of a nuisanceactivity, has:

(I) Entered, patronized or visited;

(II) Attempted to enter, patronize orvisit; or

(III) Waited to enter, patronize or visit,

the propertyor a person present on the property.

(Added to NRS by 1997, 1466; A 2001, 3100)

NRS 244.3605 Abatementof dangerous structures, rubbish and noxious weeds: Adoption and contents ofordinance; civil penalties; special assessment against property to recovercosts of abatement.

1. Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of countycommissioners of a county may adopt by ordinance procedures pursuant to whichthe board or its designee may order an owner of property within the county to:

(a) Repair, safeguard or eliminate a dangerousstructure or condition;

(b) Clear debris, rubbish and refuse which is notsubject to the provisions of chapter 459 ofNRS; or

(c) Clear weeds and noxious plant growth,

to protectthe public health, safety and welfare of the residents of the county.

2. An ordinance adopted pursuant to subsection 1 must:

(a) Contain procedures pursuant to which the owner ofthe property is:

(1) Sent notice, by certified mail, returnreceipt requested, of the existence on his property of a condition set forth insubsection 1 and the date by which he must abate the condition; and

(2) Afforded an opportunity for a hearing beforethe designee of the board and an appeal of that decision to the board.

(b) Provide that the date specified in the notice bywhich the owner must abate the condition is tolled for the period during whichthe owner requests a hearing and receives a decision.

(c) Provide the manner in which the county will recovermoney expended to abate the condition on the property if the owner fails toabate the condition.

(d) Provide for civil penalties for each day that theowner did not abate the condition after the date specified in the notice bywhich the owner was required to abate the condition.

3. The board or its designee may direct the county toabate the condition on the property and may recover the amount expended by thecounty for labor and materials used to abate the condition if:

(a) The owner has not requested a hearing within thetime prescribed in the ordinance adopted pursuant to subsection 1 and hasfailed to abate the condition on his property within the period specified inthe notice;

(b) After a hearing in which the owner did not prevail,the owner has not filed an appeal within the time prescribed in the ordinanceadopted pursuant to subsection 1 and has failed to abate the condition withinthe period specified in the order; or

(c) The board has denied the appeal of the owner andthe owner has failed to abate the condition within the period specified in theorder.

4. In addition to any other reasonable means ofrecovering money expended by the county to abate the condition, the board maymake the expense a special assessment against the property upon which thecondition is located. The special assessment may be collected pursuant to theprovisions set forth in subsection 4 of NRS244.360.

5. As used in this section, dangerous structure orcondition means a structure or condition that may cause injury to or endangerthe health, life, property or safety of the general public or the occupants, ifany, of the real property on which the structure or condition is located. Theterm includes, without limitation, a structure or condition that:

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

(b) Violates an ordinance, rule or regulationregulating health and safety enacted, adopted or passed by the board of countycommissioners of a county, the violation of which is designated as a nuisancein the ordinance, rule or regulation.

(Added to NRS by 1989, 484; A 1997, 676, 1467; 2001, 1732, 3102; 2003, 219)

NRS 244.3607 Recoveryby county of costs of relocating tenants resulting from nuisance or othercondition: Notice; hearing; appeal.

1. If a board of county commissioners determines thata nuisance or other condition described in NRS244.3601, 244.3603 or 244.3605 requires the relocation oftenants, the board may arrange for the relocation of the tenants and may, inaccordance with subsection 2, recover the cost of such relocation from theperson determined by the board to be primarily responsible for creating thenuisance or other condition that required the relocation of the tenants.

2. Before a board of county commissioners recoversfrom a person the cost of relocating tenants, the board shall:

(a) Send notice, by certified mail, return receiptrequested, to the person from whom the board seeks to recover the cost of therelocation, setting forth the date by which the person must remit payment tothe county; and

(b) Afford the person from whom the board seeks torecover the cost of the relocation an opportunity for a hearing before thedesignee of the board and an appeal of that decision to the board.

The datespecified in the notice by which the person must remit payment to the county istolled for the period during which the person requests a hearing and receives adecision.

3. If a person appeals the decision of the designee tothe board as described in paragraph (b) of subsection 2 and is aggrieved by thedetermination of the board, the person may, within 30 days after the making ofthe determination, appeal to the district court of the county. A judicialreview authorized pursuant to this subsection must be limited to whether thedetermination was arbitrary, capricious or otherwise characterized by an abuseof discretion and must be conducted in accordance with the procedures set forthin chapter 233B of NRS for reviewing a finaldecision of an agency.

(Added to NRS by 2001, 3099)

NRS 244.361 Regulationand control of smoke and pollution of air.

1. Except as otherwise provided in subsection 3, theboards of county commissioners of the counties of this state may, by ordinanceregularly enacted, regulate, control and prohibit, as a public nuisance, theexcessive emission of dense smoke and air pollution caused by excessive soot,cinders, fly ash, dust, noxious acids, fumes and gases within the boundaries ofthe county.

2. If an ordinance adopted pursuant to subsection 1involves or affects agricultural operations, any plan or program to carry outthat ordinance must allow for customarily accepted agricultural practices tooccur on agricultural land. A governmental entity which is considering theadoption of such a plan or program shall consult with the State Department ofAgriculture or local conservation districts to determine the customarilyaccepted agricultural practices that may be affected by the proposed plan orprogram.

3. An existing compliance schedule, variance order orother enforcement action relating to air pollution by fossil fuel-fired steamgenerating facilities, with a capacity greater than 1,000 megawatts, may not beenforced until July 1, 1977.

(Added to NRS by 1957, 149; A 1975, 1126; 1993, 519;1995, 528; 1999, 3620)

NRS 244.363 Preventionof excessive noise. Except as otherwiseprovided in subsection 3 of NRS 40.140and subsection 5 of NRS 202.450, theboards of county commissioners in their respective counties may, by ordinanceregularly enacted, regulate, control and prohibit, as a public nuisance,excessive noise which is injurious to health or which interferes unreasonablywith the comfortable enjoyment of life or property within the boundaries of thecounty.

(Added to NRS by 1971, 944; A 1997, 952)

NRS 244.364 Limitedauthority to regulate firearms.

1. Except as otherwise provided by specific statute,the Legislature reserves for itself such rights and powers as are necessary toregulate the transfer, sale, purchase, possession, ownership, transportation,registration and licensing of firearms and ammunition in Nevada, and no countymay infringe upon those rights and powers.

2. A board of county commissioners may proscribe byordinance or regulation the unsafe discharge of firearms.

3. As used in this section, firearm means any weaponfrom which a projectile is discharged by means of an explosive, spring, gas,air or other force.

(Added to NRS by 1989, 652)

NRS 244.365 Preventionof pollution of streams by sawdust; tax levy.

1. The board of county commissioners of any county isauthorized and empowered to institute and maintain suits in any court ofcompetent jurisdiction against any persons, firms, associations or corporationsdepositing sawdust in any river or stream the waters of which run partly orwholly in this state.

2. The boards of county commissioners of any and allcounties are authorized and empowered to levy annually such tax as in theirdiscretion may be necessary to carry out the provisions of this section.

[1:135:1887; C 2145; RL 4716; NCL 8246] +[2:135:1887; C 2146; RL 4717; NCL 8247]

NRS 244.3655 Requiringusers of certain water systems to connect into system provided by publicutility or public entity; assessment of costs of connection.

1. If the State Environmental Commission determinesthat:

(a) A water system which is located in a county and wasconstructed on or after July 1, 1991, is not satisfactorily serving the needsof its users; and

(b) Water provided by a public utility or amunicipality or other public entity is reasonably available to those users,

the board ofcounty commissioners of that county may require all users of the system toconnect into the available water system provided by a public utility or amunicipality or other public entity, and may assess each lot or parcel servedfor its proportionate share of the costs associated with connecting into thatwater system. If the water system is being connected into a public utility, thePublic Utilities Commission of Nevada shall determine the amount of theassessments for the purposes of establishing a lien pursuant to NRS 445A.900.

2. As used in this section, water system has themeaning ascribed to it in NRS 445A.850.

(Added to NRS by 1991, 405; A 1997, 1974; 2005, 558)

NRS 244.366 Waterand sewer facilities: Construction; acquisition; operation and maintenance;unlawful acts; penalty.

1. The board of county commissioners of any countywhose population is 400,000 or more has the power, outside of the limits ofincorporated cities and towns:

(a) To construct, acquire by gift, purchase or theexercise of eminent domain, otherwise acquire, reconstruct, improve, extend,better and repair water and sewer facilities, such as:

(1) A water system, including but not limited towater mains, conduits, aqueducts, pipelines, ditches, canals, pumping stations,and all appurtenances and machinery necessary or useful and convenient forobtaining, transporting or transferring water.

(2) A water treatment plant, including but notlimited to reservoirs, storage facilities, and all appurtenances necessary oruseful and convenient thereto for the collection, storage and treatment,purification and disposal of water for domestic uses and purposes.

(3) A storm sewer or sanitary sewage collectionsystem, including but not limited to intercepting sewers, outfall sewers, forcemains, collecting sewers, storm sewers, combined sanitary and storm sewers,pumping stations, ejector stations, and all other appurtenances necessary,useful or convenient for the collection, transportation and disposal of sewage.

(4) A sewage treatment plant, including but notlimited to structures, buildings, machinery, equipment, connections and allappurtenances necessary, useful or convenient for the treatment, purificationor disposal of sewage.

(b) To acquire, by gift, purchase or the exercise ofthe right of eminent domain, lands or rights in land or water rights inconnection therewith, including but not limited to easements, rights-of-way,contract rights, leases, franchises, approaches, dams and reservoirs.

(c) To operate and maintain those water facilities,sewer facilities, lands, rights in land and water rights.

(d) To sell, lease, donate for public use and otherwisedispose of those water facilities, sewer facilities, lands, rights in land andwater rights.

(e) To prescribe and collect rates, fees, tolls orcharges, including but not limited to the levy or assessments of such rates,fees, tolls or charges against governmental units, departments or agencies,including the State of Nevada and political subdivisions thereof, for theservices, facilities and commodities furnished by those water facilities andsewer facilities, and to provide methods of collections, and penalties,including but not limited to denial of service, for nonpayment of the rates,fees, tolls or charges.

(f) To provide it is unlawful for any persons, associationsand corporations owning, occupying or in any way controlling any building orother structure, any part of which is within 400 feet of any street, alley,court, passageway, other public highway, right-of-way, easement or other alleyowned or occupied by the county in which a public sewer is then in existenceand use, to construct, otherwise acquire, to cause or permit to be constructedor otherwise acquired, or to use or continue to use any private sewage disposalplant, privy vault, septic tank, cesspool or other private sewage system, uponsuch terms and conditions as the board of county commissioners may provide.

(g) To provide for the disconnection of plumbingfacilities from any of those private sewage facilities and for thediscontinuance and elimination of those private sewage facilities.

2. The powers conferred by this section are inaddition and supplemental to, and not in substitution for, and the limitationsimposed by this section do not affect the powers conferred by, any other law. Nopart of this section repeals or affects any other law or any part thereof, itbeing intended that this section provide a separate method of accomplishing itsobjectives, and not an exclusive one.

3. This section, being necessary to secure andpreserve the public health, safety and convenience and welfare, must beliberally construed to effect its purpose.

4. Any person, association or corporation violatingany of the provisions of any ordinance adopted pursuant to this section isguilty of a misdemeanor.

(Added to NRS by 1957, 658; A 1967, 734; 1969, 1534;1979, 513; 1989, 1901)

NRS 244.36605 Delinquentcharges for sewerage, storm drainage or water service in county whosepopulation is less than 400,000. In a countywhose population is less than 400,000:

1. The board of county commissioners of a county whichprovides sewerage, storm drainage or water service, or any combination of thoseservices, may elect by ordinance to have delinquent charges for any or all ofthose services collected on the tax roll, or collected with the property taxesdue on mobile or manufactured homes that do not meet the requirements of NRS 361.244, in the same manner, by thesame persons, and at the same time as, together with and not separately from,the countys general taxes. If the board makes such an election, the boardshall cause:

(a) A description of each lot or parcel of realproperty or each mobile or manufactured home with respect to which the chargesare delinquent on May 1; and

(b) The amount of the delinquent charges,

to beprepared and submitted to the tax receiver of the county, in a form approved bythe tax receiver, no later than June 1.

2. The powers authorized by this section are alternativeto all other powers of the county for the collection of such delinquentcharges.

3. The real property may be described by reference tomaps prepared by and on file in the office of the county assessor or bydescriptions used by him.

4. The amount of any such delinquent chargeconstitutes a lien against the lot or parcel of land or mobile or manufacturedhome against which the charge has been imposed as of the time when the lien oftaxes on the roll or on mobile or manufactured homes attach.

5. Except as otherwise provided in subsection 7, thetax receiver of the county shall include the amount of the delinquent chargeson bills for taxes levied against the respective lots and parcels of land ormobile or manufactured homes, as applicable. Thereafter the amount of thedelinquent charges must be collected at the same time and in the same mannerand by the same persons as, together with and not separately from, the generaltaxes for the county.

6. All laws applicable to the levy, collection andenforcement of general taxes of the county, including, but not limited to,those pertaining to the matters of delinquency, correction, cancellation,refund, redemption and sale, are applicable to delinquent charges for servicesthat are collected in the manner authorized by this section.

7. The tax receiver of the county may issue separatebills for delinquent charges that are collected in the manner authorized bythis section and separate receipts for collection on account of those charges.

(Added to NRS by 1995, 2561; A 2003, 820)

NRS 244.3661 Impositionof excise tax on use of water; rate of tax; interest on late payment; facilityfor treatment of water.

1. Except as otherwise provided in NRS 704.664, a board of county commissionersmay, by ordinance, impose an excise tax on the use of water in an amountsufficient to ensure the payment, wholly or in part, of obligations incurred bythe county to acquire and construct a new facility for the treatment of waterfor public or private use, or both. The tax must be imposed on customers ofsuppliers of water that are capable of using the water treatment servicesprovided by the facility to be financed with the proceeds of the tax.

2. An excise tax imposed pursuant to subsection 1 maybe levied at different rates for different classes of customers or to take intoaccount differences in the amount of water used or estimated to be used or thesize of the connection.

3. The ordinance imposing the tax must provide the:

(a) Rate or rates of the tax;

(b) Procedure for collection of the tax;

(c) Duration of the tax; and

(d) Rate of interest that will be charged on latepayments.

4. Late payments of the tax must bear interest at arate not exceeding 2 percent per month, or fraction thereof. The tax due is aperpetual lien against the property served by the water on whose use the tax isimposed until the tax and any interest which may accrue thereon are paid. Thecounty shall enforce the lien in the same manner as provided in NRS 361.5648 to 361.730, inclusive, for property taxes.

5. A county may:

(a) Acquire and construct a new facility for thetreatment of water for public or private use, or both.

(b) Finance the project by the issuance of generalobligation bonds, medium-term obligations or revenue bonds or other securitiesissued pursuant to chapter 350 of NRS, or byinstallment-purchase financing pursuant to that chapter.

(c) Enter into an agreement with a public utility whichprovides that:

(1) Water treatment services provided by thefacility will be made available to the public utility; or

(2) The public utility will operate and maintainthe facility,

or both. Anagreement entered into pursuant to this paragraph may extend beyond the termsof office of the members of the board of county commissioners who voted uponit.

6. A county may pledge any money received from theproceeds of a tax imposed pursuant to this section for the payment of generalor special obligations issued for a new facility for the treatment of water forpublic or private use, or both. Any money pledged by the county pursuant tothis subsection may be treated as pledged revenues of the project for thepurposes of subsection 3 of NRS 350.020.

7. As used in this section, public utility has themeaning ascribed to it in NRS 704.020and does not include the persons excluded by NRS704.030.

(Added to NRS by 1991, 1940; A 1993, 1036; 1995, 832,1814; 2001, 2316)

NRS 244.3663 Packageplant for sewage treatment: Remedies for unsatisfactory service or violation ofconditions; assumption of control by county; assessment for operation andmaintenance.

1. If the board of county commissioners determinesthat:

(a) A package plant for sewage treatment which islocated in the county and is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is not satisfactorilyserving the needs of its users; and

(b) Sewerage provided by a public utility or amunicipality or other public entity is reasonably available to those users,

the boardmay require all users of the plant to connect into the available sewersprovided by a public utility or a municipality or other public entity, and mayassess each lot or parcel served for its proportionate share of the cost ofconnecting into those sewers. These assessments are not subject to the jurisdictionof the Public Utilities Commission of Nevada.

2. If the State Department of Conservation and NaturalResources has found that a package plant for sewage treatment which is exemptfrom the provisions of NRS 445A.540 to445A.560, inclusive, is violating anyof the conditions of NRS 445A.465 to 445A.515, inclusive, and has notified theholder of the permit that he must bring the plant into compliance, but theholder of the permit has failed to comply within a reasonable time after the dateof the notice, the board of county commissioners of the county in which theplant is located may take the following actions independently of any furtheraction by the State Department of Conservation and Natural Resources:

(a) Give written notice, by certified mail, to theowner of the plant and the owners of the property served by the plant that ifthe violation is not corrected within 30 days after the date of the notice, theboard of county commissioners will seek a court order authorizing it to assumecontrol; and

(b) After the 30-day period has expired, if the planthas not been brought into compliance, apply to the district court for an orderauthorizing the board to assume control of the plant and assess the propertyfor the continued operation and maintenance of the plant as provided insubsection 4.

3. If the board of county commissioners determines atany time that immediate action is necessary to protect the public health andwelfare, it may assume physical control and operation of a package plant forsewage treatment which is located in the county and is exempt from theprovisions of NRS 445A.540 to 445A.560, inclusive, without complyingwith any of the requirements set forth in subsection 2. The board may notmaintain control of the plant pursuant to this subsection for a period greaterthan 30 days unless it obtains an order from the district court authorizing anextension.

4. Each lot and parcel served by a package plant forsewage treatment which is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, is subject toassessment by the board of county commissioners of the county in which theplant is located for its proportionate share of the cost of continued operationand maintenance of the plant if there is a default or the county assumescontrol and operation of the plant pursuant to subsection 2 or 3.

(Added to NRS by 1979, 1918; A 1987, 706; 1997, 1974)

NRS 244.3665 Prohibitionof waste of water. The board of county commissionersmay prohibit any waste of water within the unincorporated areas of the countyby customers of a public water system. Any ordinance adopted under this sectionmay:

1. Classify the conditions under which specified kindsand amounts of consumption or expenditure of water are wasteful;

2. Provide for reasonable notice to water users in anysuch area indicating which of such conditions, if any, exist in that area;

3. Allow any person, group of persons, partnership,corporation or other business or governmental entity which:

(a) Furnishes water to persons within such areas of thecounty for business, manufacturing, agricultural or household use; and

(b) Is not a public utility regulated by the PublicUtilities Commission of Nevada,

to reduce orterminate water service to any customer who wastes water, according toreasonable standards adopted by the board; and

4. Provide other appropriate penalties for violationof the ordinance which are based upon the classification adopted undersubsection 1.

(Added to NRS by 1977, 790; A 1997, 1975)

NRS 244.367 Fireworks:Regulation and control.

1. The board of county commissioners shall have powerand jurisdiction in their respective counties to pass ordinances prohibiting,restricting, suppressing or otherwise regulating the sale, use, storage andpossession of fireworks, and providing penalties for the violation thereof.

2. An ordinance passed pursuant to subsection 1 mustprovide that any license or permit that may be required for the sale offireworks must be issued by the licensing authority for:

(a) The county, if the fireworks are sold within theunincorporated areas of the county; or

(b) A city located within the county, if the fireworksare sold within the jurisdiction of that city.

(Added to NRS by 1957, 231; A 1999, 808)

NRS 244.3673 Investigationof fires and enforcement of regulations of State Fire Marshal by certaincounties. The board of county commissioners ofany county whose population is 100,000 or more or which has been converted intoa consolidated municipality may provide by ordinance for the investigation offires in which a death has occurred or which are of a suspicious origin, andfor the enforcement of regulations adopted by the State Fire Marshal.

(Added to NRS by 1979, 129; A 1979, 1333; 1987, 2283;1989, 1902; 1999,1077; 2001, 1959)

NRS 244.3675 Regulationof construction, maintenance and safety of buildings, structures and property;adoption of codes and establishment of fees. Subjectto the limitations set forth in NRS 244.368,278.580, 278.582 and 444.340 to 444.430, inclusive, the boards of countycommissioners within their respective counties may:

1. Regulate all matters relating to the construction,maintenance and safety of buildings, structures and property within the county.

2. Adopt any building, electrical, housing, plumbingor safety code necessary to carry out the provisions of this section andestablish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to theState of Nevada, the Nevada System of Higher Education or any school district.

(Added to NRS by 1973, 707; A 1991, 1167; 1993, 2584;1999, 1064; 2001, 3103)

NRS 244.368 Citysbuilding code supersedes less stringent provisions of countys building codewithin 1 mile of boundaries of city.

1. A citys building code which has rules, regulationsand specifications more stringent than the building code of the county withinwhich the city is located supersedes, with respect to the area within the cityand within a 1-mile limit outside of the boundaries of the city, any provisionsof the countys building code not consistent therewith.

2. The provisions of this section do not apply to farmor ranch buildings in existence on March 30, 1959.

(Added to NRS by 1959, 499; A 1993, 2584)

NRS 244.369 Foodhandlers: Ordinance requiring physical examinations; limitations.

1. Subject to the limitations contained in subsection2, any board of county commissioners may by ordinance require that any foodhandler, as defined in NRS 446.030,submit to physical examination as a prerequisite to engaging in or continuingto engage in such occupation.

2. Any ordinance enacted pursuant to the provisions ofsubsection 1 shall provide that no food handler is required to pay in excess of$5 for any or all required physical examinations in any 2-year period.

(Added to NRS by 1963, 476; A 1973, 1080; 1977, 411)

GRAFFITI

NRS 244.3691 Definitions. As used in NRS244.3691 to 244.3695, inclusive,unless the context otherwise requires, the words and terms defined in NRS 244.36915 and 244.3692 have the meanings ascribed tothem in those sections.

(Added to NRS by 1995, 739; A 2001, 851)

NRS 244.36915 Graffitidefined. Graffiti means any unauthorized inscription,word, figure or design that is marked, etched, scratched, drawn or painted onthe public or private property, real or personal, of another, which defacessuch property.

(Added to NRS by 2001, 849)

NRS 244.3692 Residentialproperty defined. Residential propertymeans a parcel of land, including all structures thereon, that is zoned forsingle-family residential use.

(Added to NRS by 2001, 849)

NRS 244.3693 Removalor covering of graffiti on real or personal property of county; civil penalty.

1. The board of county commissioners shall remove orcover all evidence that graffiti has been placed on any real or personalproperty which it owns or otherwise controls within 15 days after it discoversthe graffiti or as soon as practicable.

2. The board of county commissioners may bring anaction against a person responsible for placing graffiti on the property of thecounty to recover a civil penalty and damages for the cost of removing orcovering the graffiti placed on such property.

(Added to NRS by 1995, 739)

NRS 244.36935 Removalor covering of graffiti on perimeter of residential property by county.

1. The board of county commissioners may adopt byordinance procedures pursuant to which officers, employees or other designeesof the county may cover or remove graffiti that is:

(a) Placed on the exterior of a fence or wall locatedon the perimeter of residential property; and

(b) Visible from a public right-of-way.

2. An ordinance adopted pursuant to subsection 1 mustprovide that:

(a) Officers, employees or other designees of thecounty shall not cover or remove the graffiti unless:

(1) The owner of the residential propertyconsents to the covering or removal of the graffiti; or

(2) If the board of county commissioners or itsdesignee is unable to contact the owner of the residential property to obtainhis consent, the board first provides the owner of the property with writtennotice that is:

(I) Sent by certified mail, return receiptrequested; and

(II) Posted on the residential property onwhich the graffiti will be covered or from which the graffiti will be removed,

at least 5days before the officers, employees or other designees of the county cover orremove the graffiti.

(b) The county shall pay the cost of covering orremoving the graffiti.

(Added to NRS by 2001, 849)

NRS 244.3694 Removalor covering of graffiti on nonresidential property by owner or county.

1. The board of county commissioners of a county mayadopt by ordinance procedures pursuant to which the board or its designee mayorder an owner of nonresidential property within the county to cover or removegraffiti that is:

(a) Placed on that nonresidential property; and

(b) Visible from a public right-of-way,

to protectthe public health, safety and welfare of the residents of the county and toprevent blight upon the community.

2. An ordinance adopted pursuant to subsection 1 must:

(a) Contain procedures pursuant to which the owner ofthe property is:

(1) Sent notice, by certified mail, returnreceipt requested, of the existence on his property of graffiti and the date bywhich he must cover or remove the graffiti; and

(2) Afforded an opportunity for a hearing and anappeal before the board or its designee.

(b) Provide that the date specified in the notice bywhich the owner must cover or remove the graffiti is tolled for the periodduring which the owner requests a hearing and receives a decision.

(c) Provide the manner in which the county will recovermoney expended for labor and materials used to cover or remove the graffiti ifthe owner fails to cover or remove the graffiti.

3. The board or its designee may direct the county tocover or remove the graffiti and may recover the amount expended by the countyfor labor and materials used to cover or remove the graffiti if:

(a) The owner has not requested a hearing within thetime prescribed in the ordinance adopted pursuant to subsection 1 and hasfailed to cover or remove the graffiti within the period specified in thenotice;

(b) After a hearing in which the owner did not prevail,the owner has not filed an appeal within the time prescribed in the ordinanceadopted pursuant to subsection 1 and has failed to cover or remove the graffitiwithin the period specified in the order; or

(c) The board has denied the appeal of the owner andthe owner has failed to cover or remove the graffiti within the periodspecified in the order.

4. In addition to any other reasonable means ofrecovering money expended by the county to cover or remove the graffiti, theboard may:

(a) Provide that the cost of covering or removing thegraffiti is a lien upon the nonresidential property on which the graffiti wascovered or from which the graffiti was removed; or

(b) Make the cost of covering or removing the graffitia special assessment against the nonresidential property on which the graffitiwas covered or from which the graffiti was removed.

5. A lien authorized pursuant to paragraph (a) ofsubsection 4 must be perfected by:

(a) Mailing by certified mail a notice of the lien,separately prepared for each lot affected, addressed to the last known owner ofthe property at his last known address, as determined by the real propertyassessment roll in the county in which the nonresidential property is located;and

(b) Filing with the county recorder of the county inwhich the nonresidential property is located, a statement of the amount due andunpaid and describing the property subject to the lien.

6. A special assessment authorized pursuant toparagraph (b) of subsection 4 may be collected at the same time and in the samemanner as ordinary county taxes are collected, and is subject to the samepenalties and the same procedure and sale in case of delinquency as providedfor ordinary county taxes. All laws applicable to the levy, collection andenforcement of county taxes are applicable to such a special assessment.

7. As used in this section, nonresidential propertymeans all real property other than residential property. The term does notinclude real property owned by a governmental entity.

(Added to NRS by 2001, 849)

NRS 244.3695 Graffitireward and abatement fund: Creation; use; administrative assessments; paymentof rewards.

1. The board of county commissioners shall create agraffiti reward and abatement fund. The money in the fund must be used to pay areward to a person who, in response to the offer of a reward, providesinformation which results in the identification, apprehension and conviction ofa person who violates a county ordinance that prohibits graffiti or other defacementof property.

2. When a defendant pleads or is found guilty ofviolating a county ordinance that prohibits graffiti or other defacement ofproperty, the court shall include an administrative assessment of $250 for eachviolation in addition to any other fine or penalty. The money collected must bepaid by the clerk of the court to the county treasurer on or before the fifthday of each month for credit to the graffiti reward and abatement fund.

3. If sufficient money is available in the graffitireward and abatement fund, a county law enforcement agency may offer a reward,not to exceed $1,000, for information leading to the identification,apprehension and conviction of a person who violates a county ordinance thatprohibits graffiti or other defacement of property. The reward must be paid outof the graffiti reward and abatement fund upon approval of the board of countycommissioners.

(Added to NRS by 1995, 739)

AGRICULTURE AND FAIRS

NRS 244.370 Exhibitsof countys products at exposition or fair; permanent exhibits.

1. Whenever the State of Nevada by act of theLegislature shall have decided to make a state exhibit at any exposition, thevarious counties may, for the purpose of more efficiently representing theirresources and products, by order of their respective county commissioners,employ some person or persons to collect county exhibits and forward the samepursuant to instructions from the State Board of Commissioners of theexposition.

2. All collectors acting under authorization of countycommissioners shall collect and mark each and every sample in accordance withsuch instructions from the State Board as may be necessary to secure clearnessand uniformity of system in the state exhibit.

3. The county commissioners of each county may orderthe payment of such expenses as may be incurred in collecting the exhibit outof any available fund.

4. The county commissioners may, for the purpose ofillustrating, exhibiting and advertising the resources of their counties,maintain permanent exhibits at suitable places either in this state orelsewhere, but they shall not expend for the maintenance of such permanentexhibit more than $25 in any 1 month. Nothing in this subsection shall be soconstrued as to conflict in any way with subsections 1, 2 or 3.

[1:34:1903; RL 3937; NCL 7007] + [2:34:1903; RL 3938; NCL 7008] + [3:34:1903; RL 3939; NCL 7009] + [4:34:1903; RL 3940;NCL 7010]

NRS 244.375 Taxfor exhibits at expositions.

1. After March 20, 1911, the county commissioners ofthe various counties are empowered to levy a special tax for the purpose ofdisplaying the products of the county at expositions.

2. The county commissioners are authorized to usetheir discretion in the levying of the tax to cover the legitimate expensesincurred in the display of any products at an exposition; but in no case shallsuch tax levy exceed 4 cents on each $100 in any 1 year.

[1:123:1911; RL 3935; NCL 7005] + [2:123:1911; RL 3936; NCL 7006]

MUSEUMS, ART CENTERS AND HISTORICAL SOCIETIES

NRS 244.377 Taxlevy; payment of proceeds to and use by nonprofit organization; exemption fromlimitation.

1. The board of county commissioners of any county mayinclude in the annual budget of the county items to cover the expense of maintaininga county museum, art center or historical society.

2. The expenditures so budgeted may be met byincluding them in the annual tax levy of the county, but in no case may the taxlevy for such purposes in any 1 year exceed 5 cents on each $100 of theassessed valuation of the property of that county.

3. The proceeds of the tax levy may be paid undercontract to a nonprofit historical society, nonprofit museum board or othernonprofit board, committee or organization for their use in paying salaries ofmuseum or art center personnel, in building and maintaining exhibits, inpurchasing cabinets, in displaying items and in conducting activities relatedto a museum or art center, but in no case may such an organization or boardmake capital improvements without the express approval of the board of countycommissioners.

4. The proceeds of the tax levied pursuant to thissection are exempt from the limitation imposed by NRS 354.59811 and may be excluded indetermining the allowed revenue from taxes ad valorem for the county.

(Added to NRS by 1969, 166; A 1975, 140; 2003, 480)

NRS 244.378 Sale,trade or exchange of duplicate or unwanted items. Exceptas otherwise provided by county ordinance, the director of the departmentdesignated to operate a county museum, art center or historical society maysell, trade or exchange duplicate or unwanted museum items with any othermuseum, nonprofit organization or educational institution.

(Added to NRS by 1989, 1055)

ADVERTISING OF COUNTYS RESOURCES AND ADVANTAGES

NRS 244.380 Taxlevy; contracts for promotion of county.

1. Annually, the boards of county commissioners of theseveral counties may include in their respective county budgets items to coverthe expense of exploiting, promoting and publishing to homeseekers and thepublic at large, by any means in their judgment calculated to accomplish thispurpose, the agricultural, mining and other resources, progress and advantagesof their respective counties.

2. Such expenditures as may by the board of countycommissioners be decided upon shall be met by including them in the annual taxlevy of and for that county; provided:

(a) That the tax levy shall not in any 1 year exceed 3cents on each $100 of the assessed valuation of the property in that county.

(b) That in counties having a population of 100,000 ormore, the county commissioners of those counties may levy a tax of 2 cents oneach $100 of the assessed valuation of property in that county.

(c) That pending the accumulation and setting aside ofthe fund for the purposes authorized by this section, the boards of countycommissioners are authorized and empowered to pledge their respective countiesfor those purposes to an amount not exceeding the sum to be raised as in thissection provided, and to be paid out of the fund raised and set aside thereforas herein authorized.

3. The boards of county commissioners may enter intocontracts with any person, group, corporation, agency or commission to carryout the purposes of this section and are authorized to pay over to any suchperson, group, corporation, agency or commission, pursuant to such contracts,any moneys derived from the tax levy provided for in subsection 2.

[1:181:1937; 1931 NCL 1929.21] + [2:181:1937; 1931NCL 1929.22](NRS A 1959, 772; 1979, 514)

MEDICAL SCHOLARSHIPS

NRS 244.382 Legislativefindings. The Legislature finds that:

1. Many of the less populous counties of the Statehave experienced shortages of physicians, surgeons, anesthetists, dentists,other medical professionals and physician assistants.

2. Some of the more populous counties of the Statehave also experienced shortages of physicians, surgeons, anesthetists,dentists, other medical professionals and physician assistants in their ruralcommunities.

3. By granting county scholarships to students in suchmedical professions who will agree to return to the less populous counties orthe rural communities of the more populous counties for residence and practice,these counties can alleviate the shortages to a degree and thereby providetheir people with needed health services.

(Added to NRS by 1973, 632; A 1995, 104; 2001, 779)

NRS 244.3821 Establishmentof medical scholarship program; appropriation of money; acceptance ofcontributions.

1. In addition to the powers elsewhere conferred uponall counties, except as otherwise provided in subsection 2, any county mayestablish a medical scholarship program to induce students in the medicalprofessions to return to the county for practice.

2. Any county whose population is 100,000 or more mayonly establish a medical scholarship program to induce students in the medicalprofessions to return to the less populous rural communities of the county forpractice.

3. Students in the medical professions for thepurposes of NRS 244.382 to 244.3823, inclusive, include personsstudying to be physician assistants.

4. The board of county commissioners of a county thathas established a medical scholarship program may appropriate money from thegeneral fund of the county for medical scholarship funds and may accept privatecontributions to augment the scholarship funds.

(Added to NRS by 1973, 632; A 1979, 515; 1995, 104; 2001, 779)

NRS 244.3822 Prerequisitesto grant of scholarship.

1. If a medical scholarship fund is created, the boardof county commissioners may grant individual scholarships but shall firstrequire each recipient to:

(a) Show his financial need for the scholarship.

(b) Execute a written agreement that, after completinghis studies and achieving professional certification, he will, except asotherwise provided in subsection 2, return to the county and practice theprofession for a number of years to be specified by the board, not fewer thanthe number of years during which he received the countys assistance for hiseducation.

2. If a recipient of a scholarship executes a writtenagreement with a county pursuant to subsection 2 of NRS 244.3821, he shall return to a lesspopulous rural community of that county and practice the profession for anumber of years to be specified by the board, not fewer than the number ofyears during which he received the countys assistance for his education.

(Added to NRS by 1973, 632; A 1995, 105)

NRS 244.3823 Criteriafor selection of recipients. In awardingindividual medical scholarships, the board of county commissioners may:

1. Require applicants to obtain a prior review oftheir qualifications and approval thereof by the board of hospital trustees ofthe public hospital in the county or of a designated public hospital.

2. Give preference to applicants whose residence andpersonal ties in the local community indicate the likelihood of a return topermanent residency and practice in the community.

3. Determine the amount and duration of payments andother matters involved in scholarship grants.

4. Contract with the recipient concerning the terms ofany repayment of moneys awarded.

(Added to NRS by 1973, 633)

WILDLIFE AND NATURAL RESOURCES

NRS 244.386 Preservationof endangered species or subspecies in county whose population is 400,000 ormore: General powers; fee for construction or grading of land in unincorporatedareas; creation of enterprise fund.

1. In a county whose population is 400,000 or more andin which exists a species or subspecies that has been declared endangered orthreatened pursuant to the federal Endangered Species Act of 1973, as amended,the board of county commissioners may by ordinance establish, control, manageand operate or provide money for the establishment, control, management andoperation of an area or zone for the preservation of species or subspecies. Inaddition, the board, in cooperation with the responsible state and federalagencies, may encourage in any other manner the preservation of those speciesor subspecies or any species or subspecies in the county which have beendetermined by a committee, appointed by the board of county commissioners, tobe likely to have a significant impact upon the economy and lifestyles of theresidents of the county if listed as endangered or threatened, including theexpenditure for this purpose of money collected pursuant to subsection 2 or theparticipation in an agreement made pursuant to NRS 503.589. The board may purchase, sell,exchange or lease real property, personal property, water rights, grazingpermits and other interests in such property for this purpose, pursuant to suchreasonable regulations as the board may establish. If any such property, rightsor other interests are purchased from a nonprofit organization, the board ofcounty commissioners may reimburse the organization for its cost ofacquisition, not to exceed its appraised value, and any interest, carryingcosts, direct expenses and reasonable overhead charges.

2. The board of county commissioners may, byordinance, impose a reasonable fee of not more than $550 per acre on theconstruction of a structure or the grading of land in the unincorporated areasof the county for the expense of carrying out the provisions of subsection 1.The fee must be collected at the same time and in the same manner as the feefor the issuance of a building permit collected pursuant to NRS 278.580.

3. If a fee is imposed pursuant to subsection 2, theboard of county commissioners shall create an enterprise fund exclusively forfees collected pursuant to subsection 2. Any interest or other income earned onthe money in the fund, after deducting any applicable charges, must be creditedto the fund. The money in the fund may only be used to pay the actual directcosts of the program or programs established pursuant to subsection 1.

(Added to NRS by 1991, 289; A 1995, 124; 1997, 1198)

NRS 244.387 Removalof wild horses from private property.

1. If a wild horse or horses stray onto land which isprivately owned, an owner of the land may:

(a) Inform the appropriate federal authority; and

(b) Request the authority to remove the wild horse orhorses from the land,

in themanner and form required by the Wild Free-Roaming Horses and Burros Act, 16U.S.C. 1331 et seq., and the regulations adopted pursuant thereto.

2. If the appropriate federal authority fails toremove the wild horse or horses from the land within a reasonable amount oftime after receiving a request pursuant to subsection 1, the landowner may:

(a) Notify the board of county commissioners in thecounty in which the land is located of the failure; and

(b) Request the county to institute an action infederal court on his behalf requesting a writ of mandamus ordering theappropriate federal authority to remove the wild horse or horses from the land.

3. Upon receiving a notification and request pursuantto subsection 2, the county may institute an action in a federal court ofcompetent jurisdiction on behalf of the landowner requesting the court to issuea writ of mandamus directing the appropriate federal authority who was notifiedpursuant to subsection 1 to remove the wild horse or horses from the land. Thecounty shall:

(a) Determine whether it will institute such an action;and

(b) Notify the landowner of its determination,

as soon aspracticable after receiving the request.

4. A motion filed pursuant to subsection 3 mustinclude a request that the court authorize the county, the Department ofAgriculture or a representative of the county or the Department of Agricultureto remove the wild horse or horses from the land if the appropriate federalauthority is unable or unwilling to do so.

5. As used in this section appropriate federalauthority means a federal agency or officer who is charged with the duties of:

(a) Receiving notices from landowners requesting theremoval of wild horses from land which is privately owned; and

(b) Arranging to have wild horses removed from landwhich is privately owned,

pursuant tothe Wild Free-Roaming Horses and Burros Act, 16 U.S.C. 1331 et seq., orregulations adopted pursuant thereto.

(Added to NRS by 1999, 984)

NRS 244.388 Establishment,use and operation of wetlands mitigation bank.

1. The board of county commissioners of a county mayby ordinance establish, use and operate a wetlands mitigation bank inaccordance with the guidelines set forth in Federal Guidance for theEstablishment, Use and Operation of Mitigation Banks, as issued by the UnitedStates Army Corps of Engineers, Environmental Protection Agency, NationalResources Conservation Service, Fish and Wildlife Service and National MarineFisheries Service in 60 Federal Register 58,605 on November 28, 1995.

2. A board of county commissioners that establishes amitigation bank pursuant to subsection 1 may enter into a cooperative agreementwith a public agency or nonprofit organization for the operation of themitigation bank.

3. As used in this section:

(a) Hydric soil means soil that, in its undrainedcondition, is saturated, flooded or ponded long enough during a growing seasonto develop an anaerobic condition that supports the growth and regeneration ofhydrophytic vegetation.

(b) Hydrophytic vegetation means a plant growing in:

(1) Water; or

(2) A substrate that is at least periodicallydeficient in oxygen during a growing season as a result of excessive watercontent.

(c) Mitigation bank means a system in which thecreation, enhancement, restoration or preservation of wetlands is recognized bya regulatory agency as generating compensatory credits allowing the futuredevelopment of other wetland sites.

(d) Public agency has the meaning ascribed to it in NRS 277.100.

(e) Wetland means land that:

(1) Has a predominance of hydric soil;

(2) Is inundated or saturated by surface wateror groundwater at a frequency and duration sufficient to support a prevalenceof hydrophytic vegetation typically adapted for life in saturated soilconditions; and

(3) Under normal circumstances does support aprevalence of hydrophytic vegetation typically adapted for life in saturatedsoil conditions.

(Added to NRS by 1999, 159)

OFFICE OF COORDINATOR OF SERVICES FOR VETERANS

NRS 244.401 Creationof office by ordinance; appointment and duties of coordinator; creation ofoffice by two or more counties.

1. The board of county commissioners of any county maycreate by ordinance the office of coordinator of services for veterans. If suchan office is created, the board shall appoint a qualified veteran to hold theoffice and the board shall establish his compensation.

2. The coordinator of services for veterans shall:

(a) Assist a veteran or his spouse or dependent, if theperson requesting assistance is a resident of the county, in preparing,submitting and pursuing any claim that the person has against the UnitedStates, or any state, to establish his right to any privilege, preference, careor compensation to which he believes that he is entitled;

(b) Aid, assist and cooperate with the ExecutiveDirector for Veterans Services and the Deputy Executive Director for VeteransServices and with the Nevada Veterans Services Commission;

(c) Disseminate information relating to veteransbenefits in cooperation with the Executive Director for Veterans Services andthe Deputy Executive Director for Veterans Services; and

(d) Perform such other services related to assisting aveteran, his spouse or his dependent as requested by the board of countycommissioners.

3. Two or more counties jointly may create one officeof coordinator of services for veterans to serve those counties.

(Added to NRS by 1997, 1318; A 1997, 2592; 1999, 577, 2478)

NRS 244.406 Financialsupport of office; report to Legislature describing efficiency andeffectiveness of office.

1. Except as otherwise provided in this section, theoffice of coordinator of services for veterans must be supported from money inthe county general fund and from any gifts or grants received by the county forthe support of the office.

2. The board of county commissioners of a county thatcreates the office of coordinator of services for veterans is authorized toaccept funds from the Executive Director for Veterans Services pursuant tosubsection 8 of NRS 417.090 for thesupport of the office.

3. The board of county commissioners of a county thatcreates the office of coordinator of services for veterans may enter into anagreement with the Health Division of the Department of Health and HumanServices for the purpose of obtaining federal matching funds to contribute tothe salaries and expenses of the office of coordinator of services for veteransfor its activities which are reasonably related to the programs of the HealthDivision of the Department of Health and Human Services and which benefit orresult in cost avoidance for the Health Division.

4. The board of county commissioners of a county thatcreates the office of coordinator of services for veterans shall, on or beforeFebruary 1 of each odd-numbered year, submit a report to the Director of theLegislative Counsel Bureau for distribution to each regular session of theLegislature describing the efficiency and effectiveness of the office. Thereport must include, without limitation, the number, total value and averagevalue of the benefits received by the office on behalf of veterans, theirspouses and their dependents.

(Added to NRS by 1997, 1319; A 1997, 2592; 1999, 2479)

AIRCRAFT NOISE

NRS 244.412 Committeedefined. As used in NRS 244.412 to 244.418, inclusive, unless the contextotherwise requires, committee means an advisory committee on aircraft noiseestablished pursuant to NRS 244.414.

(Added to NRS by 2001, 1721)

NRS 244.414 Advisorycommittee on aircraft noise: Establishment in county whose population is400,000 or more; members; terms; vacancies; chairman; compensation; meetings.

1. The board of county commissioners of each countywhose population is 400,000 or more may establish by ordinance an advisorycommittee on aircraft noise.

2. If a board of county commissioners establishes acommittee, the board shall appoint to the committee 11 members as follows:

(a) Four members who live in neighborhoods affected byaircraft noise;

(b) One member who lives in a neighborhood that isadjacent to an airport;

(c) One member who represents commercial operators ofhelicopters;

(d) One member who represents general aviation;

(e) One member who represents the division of AirTraffic Services of the Federal Aviation Administration;

(f) One member who represents a business that isaffected by aircraft noise or is adjacent to an airport;

(g) One member who represents the department ofaviation of the county; and

(h) One member who represents the board of countycommissioners of the county.

3. The members of the committee shall serve terms of 2years. Members may be reappointed for additional terms of 2 years in the samemanner as the original appointments. Any vacancy occurring in the membership ofthe committee must be filled in the same manner as the original appointment.

4. The board of county commissioners shall appoint oneof the members as chairman of the committee, who shall serve as chairman for aterm of 1 year. If a vacancy occurs in the chairmanship, the vacancy must befilled in the same manner as the original selection for the remainder of theunexpired term.

5. The members of the committee serve withoutcompensation.

6. The committee shall:

(a) Meet upon the call of the chairman; and

(b) Comply with the provisions of chapter 241 of NRS.

(Added to NRS by 2001, 1721)

NRS 244.416 Advisorycommittee on aircraft noise: Powers.

1. Except as otherwise provided in subsection 2, the committeemay:

(a) Examine and assess laws and any other informationrelated to problems of aircraft noise in the county, including, withoutlimitation, existing and proposed flight paths for aircraft;

(b) Promote increased communication regarding aircraftnoise among relevant public entities and between those entities and the generalpublic; and

(c) With due regard for the safety and efficiency ofthe aviation industry, advise and consult with the Federal AviationAdministration, the board of county commissioners and all other relevantfederal, state and local governmental agencies, bodies and officials regardingnew and existing programs and approaches for abating aircraft noise.

2. The provisions of this section do not authorize thecommittee to take any action with respect to any aircraft that is operated:

(a) In commercial aviation pursuant to 14 C.F.R. Part121 or 14 C.F.R. Part 135, or both;

(b) As an air ambulance, as that term is defined in NRS 450B.030; or

(c) By or in cooperation with a law enforcement agency.

(Added to NRS by 2001, 1722)

NRS 244.418 Establishmentof toll-free telephone number in county whose population is 400,000 or more toreport alleged violations of rules or regulations pertaining to aircraft noise;maintenance of record of complaints.

1. Except as otherwise provided in subsection 2, theboard of county commissioners of each county whose population is 400,000 ormore shall enact and enforce ordinances requiring the county airport to:

(a) Establish a toll-free telephone number for personsto report information regarding alleged violations of rules or regulationspertaining to aircraft noise, including, without limitation, deviations fromestablished flight paths; and

(b) Compile and maintain a record of each complaintthat alleges a violation of a rule or regulation pertaining to aircraft noise.

2. An ordinance enacted pursuant to this section mustnot apply to any aircraft that is operated:

(a) As an air ambulance, as that term is defined in NRS 450B.030; or

(b) By or in cooperation with a law enforcement agency.

(Added to NRS by 2001, 1722)

APPROVED YOUTH SHELTERS

NRS 244.421 Definitions. As used in NRS 244.421to 244.429, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 244.422 to 244.427, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2001, 1151)

NRS 244.422 Approvedyouth shelter defined. Approved youth sheltermeans a youth shelter that has been designated as approved by a county pursuantto an ordinance adopted pursuant to NRS244.428.

(Added to NRS by 2001, 1151)

NRS 244.423 Necessaryservices defined. Necessary services means:

1. Food and access to overnight shelter.

2. Counseling to address immediate emotional crises orproblems.

3. Outreach services to locate and assist runaway orhomeless youths.

4. Screening for basic health needs and referrals topublic and private agencies for health care.

5. Referrals to assistance and services offered bypublic and private agencies.

6. Long-term planning, placement and follow-upservices.

(Added to NRS by 2001, 1151)

NRS 244.424 Runawayor homeless youth defined. Runaway or homelessyouth means a youth who is:

1. Without a place of shelter where supervision andcare are available; or

2. Absent from his legal residence without the consentof his parent, guardian or custodian.

(Added to NRS by 2001, 1151)

NRS 244.426 Youthdefined. Youth means a child who is:

1. Twelve years of age or older;

2. Unemancipated; and

3. Mentally competent.

(Added to NRS by 2001, 1152)

NRS 244.427 Youthshelter defined. Youth shelter means anentity which is not operated for profit and which provides, at a minimum,necessary services to runaway or homeless youths who qualify for such services.

(Added to NRS by 2001, 1152)

NRS 244.428 Designationby ordinance; contents of ordinance; regulations.

1. The board of county commissioners of any county mayprovide by ordinance for the designation of a youth shelter operated within thecounty as an approved youth shelter.

2. If a board of county commissioners has adopted anordinance pursuant to subsection 1, a youth shelter that is located in thatcounty and seeking to be designated as an approved youth shelter may apply tothe board of county commissioners for such a designation.

3. An ordinance adopted by a board of countycommissioners pursuant to subsection 1 must:

(a) Prescribe the requirements for designation of ayouth shelter as an approved youth shelter, including, without limitation:

(1) A requirement that the youth shelter providenecessary services;

(2) The form and manner of the application fordesignation or renewal of a designation as an approved youth shelter;

(3) An application fee in an amount not toexceed the actual cost to the county for reviewing the application; and

(4) A requirement that an applicant must complywith the provisions of an ordinance adopted pursuant to this section and withall applicable federal, state and local laws and ordinances pertaining toshelters for the homeless.

(b) Provide for reasonable inspections of an approvedyouth shelter to confirm that the youth shelter is complying with theprovisions of an ordinance adopted to carry out the provisions of this section.

(c) Provide for the revocation of a designation as anapproved youth shelter for failure to comply with the provisions of anordinance adopted to carry out the provisions of this section.

(d) Require an approved youth shelter to conduct aninterview to determine whether a youth is a runaway or homeless youth and isqualified to receive the necessary services of the approved youth shelter.

(e) Upon admission of a runaway or homeless youth to ashelter, require:

(1) The notification of the parent, guardian orcustodian of the runaway or homeless youth concerning the whereabouts of therunaway or homeless youth as soon as practicable, except in circumstances ofsuspected abuse or neglect;

(2) The notification of state and local lawenforcement agencies concerning the whereabouts of the runaway or homelessyouth; and

(3) A licensed professional to perform anevaluation of the youth to determine:

(I) The reasons why the youth is a runawayor homeless youth;

(II) Whether the youth is a victim ofabuse or neglect; and

(III) Whether the youth needs immediatemedical care or counseling.

(f) Require an approved youth shelter to return orfacilitate the return of a runaway or homeless youth to the parent, guardian orcustodian who was notified of the whereabouts of the runaway or homeless youthpursuant to subparagraph (1) of paragraph (e) if the parent, guardian orcustodian so requests.

(g) Provide for the liability of a parent, guardian orcustodian of a runaway or homeless youth for any expenses or costs incurred bythe approved youth shelter for providing services to the runaway or homelessyouth only if the services of the shelter were obtained through fraud ormisrepresentation.

(h) Require the information or records obtained by anapproved youth shelter to remain confidential, unless the use or disclosure ofthe information or records is necessary to:

(1) Locate a parent, guardian or custodian of arunaway or homeless youth;

(2) Comply with the duty to report abuse orneglect of a child pursuant to NRS432B.220;

(3) Notify state and local law enforcementagencies or the clearinghouse; or

(4) Seek appropriate assistance for a runaway orhomeless youth from public and private agencies.

4. In a county where the board of county commissionershas adopted an ordinance pursuant to subsection 1, the board of countycommissioners may establish, by ordinance, other regulations as are necessaryto carry out the provisions of this section.

5. As used in this section:

(a) Abuse or neglect means abuse or neglect of achild as defined in NRS 432B.020.

(b) Clearinghouse has the meaning ascribed to it in NRS 432.150.

(c) Licensed professional includes, withoutlimitation:

(1) A social worker;

(2) A registered nurse;

(3) A physician;

(4) A psychologist;

(5) A teacher; or

(6) Any other class of persons who areidentified in an ordinance adopted by a county who hold a professional licensein this state and who are trained to recognize indications of abuse or neglect.

(Added to NRS by 2001, 1152)

NRS 244.429 Immunityfrom civil liability. If a county designates ayouth shelter as an approved youth shelter pursuant to an ordinance adoptedpursuant to NRS 244.428, the approvedyouth shelter and its director, employees, agents or volunteers are immune fromcivil liability based upon any act or failure to act while admitting, releasingor caring for a runaway or homeless youth, unless the act or failure to act wasthe result of the gross negligence or intentional or reckless misconduct of theapproved youth shelter or its director, employees, agents or volunteers.

(Added to NRS by 2001, 1153)

 

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