2005 Nevada Revised Statutes - Chapter 269 — Unincorporated Towns

CHAPTER 269 - UNINCORPORATED TOWNS

APPLICABILITY OF CHAPTER

NRS 269.010 Automaticapplication to disincorporated cities or towns, and towns formed by board ofcounty commissioners; petition required in certain towns or cities.

NRS 269.011 Applicabilityof NRS 269.016 to 269.022, inclusive, and 269.024 to 269.0248, inclusive.

BOUNDARIES

NRS 269.012 Boundariesfixed when city disincorporates; effect of annexation by city.

NAME; SEAL

NRS 269.013 Name:Unlawful use by another political subdivision.

NRS 269.014 Seal.

TOWN BOARD FORM OF GOVERNMENT

NRS 269.016 Establishmentof elected town board.

NRS 269.0165 Adoptionby initiative petition; procedures for appointment or election of initialmembers of town board.

NRS 269.0166 Additionalqualifications of voters in election on initiative petition.

NRS 269.017 Membersof town board: Qualifications; initial appointments; subsequent election.

NRS 269.0171 Membersof town board: Election when initiative proposal submitted to electors; filingof notice of intention to become candidate.

NRS 269.018 Membersof town board: Terms of office.

NRS 269.019 Chairmanand town clerk: Selection; duties.

NRS 269.0205 Singlecandidate declared elected.

NRS 269.021 Effectivedate of ordinance or other action.

NRS 269.022 Discontinuanceof elected town board: Procedure.

CITIZENS ADVISORY COUNCIL

NRS 269.024 Creationby board of county commissioners.

NRS 269.0242 Members;qualifications; election; appointment; terms; duties.

NRS 269.0244 Officers;meetings; rules of procedure; records.

NRS 269.0246 Responsibilitiesof board of county commissioners unaffected.

NRS 269.0248 Creationof additional councils under original ordinance.

OFFICERS AND EMPLOYEES

NRS 269.025 Meetings;quorum; affirmative vote of majority of whole board required to carry question.

NRS 269.030 Dutiesof county clerk.

NRS 269.035 Dutiesof county treasurer.

NRS 269.040 Dutiesof other county officers; compensation.

NRS 269.070 NevadaEthics in Government Law inapplicable to certain transactions.

NRS 269.071 Memberof town board or county commissioner not to become contractor under certaincontracts; penalties.

NRS 269.072 Townofficer not to be interested in certain contracts and purchases; penalties.

NRS 269.073 Avoidanceof unlawful contract.

NRS 269.075 Towntreasurer may refuse to redeem warrants.

NRS 269.080 Officersmay sell indebtedness for personal services rendered.

NRS 269.082 Deductionfrom employees salary for service as volunteer firefighter or volunteer driveror attendant prohibited.

NRS 269.083 Publichearing for dismissed employee.

FINANCES

NRS 269.085 Claimsagainst town: Auditing; allowance.

NRS 269.095 Taxes,fines and forfeitures paid to county treasurer; general fund and debt servicefund.

NRS 269.100 Transferof surplus money to other funds.

NRS 269.105 Expensesand salaries paid from general fund; form and payment of warrants; chairman ofcounty commissioners to examine books and make report; reports to town boards.

NRS 269.110 Paymentof funded debt, outstanding bonds and other debt of disincorporated city:Procedure.

TAXATION

NRS 269.115 Powerof county commissioners to levy taxes.

NRS 269.120 Levyand collection of taxes.

PUBLIC WORKS

NRS 269.122 Townspowers subordinate to powers of Nevada Tahoe Regional Planning Agency.[Effective upon proclamation by Governor of withdrawal of California from TahoeRegional Planning Compact or of his finding that the Tahoe Regional PlanningAgency has become unable to perform its duties or exercise its powers.]

NRS 269.123 Townspowers subordinate to powers of regional planning agency.

PROPERTY, PUBLIC SERVICES AND FRANCHISES

NRS 269.125 Management,use and sale of property; appraisal.

NRS 269.127 Provisionof translator signals for television or FM radio broadcasts.

NRS 269.128 Displacementor limitation of competition: Services.

NRS 269.129 Displacementor limitation of competition: Methods.

CONDEMNATION OF PROPERTY FOR TOWNS USE

NRS 269.130 Powerof board of county commissioners.

NRS 269.135 Procedure.

SUITS AND PROSECUTIONS

NRS 269.140 Powersand duties of town board or board of county commissioners.

NRS 269.145 Dutiesof district attorney; appointment and duties of town attorney.

PRINTING

NRS 269.150 Townprinting to be placed with newspaper or commercial establishment within county;exceptions.

ORDINANCES

NRS 269.155 Enactment;notice; publication; duration of effect.

NRS 269.160 Punishmentfor breach of ordinance.

NRS 269.165 Jurisdictionof justice of the peace; payment of fees and fines to county treasurer.

TOWN CODE

NRS 269.166 Revisionand codification of general ordinances; arrangement, publication and sale ofcode.

NRS 269.167 Adoptionby ordinance; procedure; effective date.

NRS 269.168 Filingwith Librarian of Supreme Court Law Library.

NRS 269.169 Amendmentand extension; procedure.

LICENSING AND REGULATION OF PROFESSIONS, TRADES AND BUSINESSES

NRS 269.170 Powersof town board or board of county commissioners; application for certainlicenses; imposition of license tax; license tax as lien; exchange ofinformation concerning tax or taxpayer with Department of Taxation.

NRS 269.171 Paymentof child support: Statement by applicant for license, permit or certificate;grounds for denial of license, permit or certificate; duty of town board orboard of county commissioners. [Expires by limitation on the date of the repealof the federal 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 269.172 Suspensionof license, certificate or permit for failure to pay child support or complywith certain subpoenas or warrants; reinstatement of license, certificate orpermit. [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 269.173 Applicationfor license, certificate or permit must include social security number ofapplicant. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 269.175 Powerto license, regulate or suppress certain businesses.

NRS 269.180 Issuanceof licenses: Terms and amounts.

NRS 269.182 Pawnbrokers:Licensing; additional license required if motor vehicles accepted ascollateral; fee.

VEHICLES AND TRAFFIC

NRS 269.185 Powerto regulate vehicular traffic; ordinances; posting informational signs andother devices at school zones and school crossing zones.

PUBLIC HEALTH, SAFETY AND MORALS

NRS 269.190 Boardof health: Power to establish and maintain.

NRS 269.195 Animalsrunning at large.

NRS 269.200 Ordinanceprohibiting animals from running at large: Petition; publication; penalty.

NRS 269.205 Nuisances:Power to prevent, remove and punish.

NRS 269.210 Abatementof nuisance: Procedure; costs.

NRS 269.215 Disorderlyconduct: Prevention and punishment.

NRS 269.217 Loiteringand prowling ordinances: Enactment and enforcement by town board or board ofcounty commissioners.

NRS 269.220 Regulationof storage of explosive and combustible materials.

NRS 269.222 Limitedauthority to regulate firearms.

NRS 269.225 Dogs:Tax; extermination when tax not paid.

NRS 269.227 Ordinancefor control of rabies.

NRS 269.230 Dutiesof certain officers concerning riotous assembly; penalty.

POLICE PROTECTION

NRS 269.235 Policeofficers: Appointment; bond; salaries; duties.

NRS 269.240 Taxfor support of police department; police department fund; appointment of policeofficers; applicability of section.

NRS 269.245 Preventionof breach of the peace.

NRS 269.247 Accidentreports and related materials: Provision upon receipt of reasonable fee;exceptions.

FIRE PROTECTION

NRS 269.250 Firecompanies or departments: Appointment of officers and employees; salaries;arson investigators designated as peace officers.

NRS 269.255 Taxfor benefit of fire department; fire department fund.

NRS 269.260 Exofficio fire wardens: Appointment; duties.

NRS 269.265 Failureto repair defective fixture: Penalty.

NRS 269.270 Failureto remove dangerous or inflammable material: Penalty; expenses of removal.

GENERAL OBLIGATION BONDS FOR PUBLIC IMPROVEMENTS ANDFACILITIES

NRS 269.400 Towndefined.

NRS 269.405 Powersof board to make public improvements.

NRS 269.410 Issuanceof general and special obligations.

NRS 269.415 Applicabilityof Local Government Securities Law.

NRS 269.420 Fees,rates and charges: Establishment, maintenance and revision of schedules.

NRS 269.425 Townsdebt limit.

NRS 269.470 Authorityto issue general obligation bonds and securities independent and complete.

ALTERNATIVE PROVISIONS FOR FORMATION OF TOWNS IN CERTAINCOUNTIES (UNINCORPORATED TOWN GOVERNMENT LAW)

General Provisions

NRS 269.500 Shorttitle.

NRS 269.505 Definitions.

NRS 269.510 Boarddefined.

NRS 269.515 Townadvisory board defined.

NRS 269.520 Unincorporatedtown defined.

NRS 269.525 Legislativefindings and declaration.

NRS 269.530 Applicabilityof Unincorporated Town Government Law.

 

Formation of Unincorporated Towns

NRS 269.535 Methods.

NRS 269.540 Initiativepetition: Use; procedure; number of signatures required.

NRS 269.545 Initiativepetition: Contents.

NRS 269.550 Procedurefollowing presentation of petition: Adoption of ordinance; submission ofquestion to voters.

NRS 269.555 Formationof town by action of board; submission of question to voters.

NRS 269.560 Votersapproval; adoption of ordinance.

NRS 269.563 Formationof town in area that contains no residents in county whose population is400,000 or more.

NRS 269.565 Formationof town when certain services required by law.

NRS 269.570 Amendmentof ordinance to adjust list of services.

 

Services

NRS 269.575 Townservices.

NRS 269.5755 Levyof taxes for common service provided to contiguous towns; rate.

 

Town Advisory Boards

NRS 269.576 Countywhose population is 400,000 or more: Appointment or election; terms; chairman;removal; notice of expiration of term or vacancy; duties; compensation.

NRS 269.577 Countywhose population is less than 400,000: Appointment or election of members;removal; compensation; duties.

NRS 269.578 Countywhose population is less than 400,000: Terms of members.

NRS 269.579 Mandatorytraining for members.

NRS 269.580 Managementof designated services.

NRS 269.585 Noticeand information to be provided to town advisory board.

NRS 269.590 Participationin budget and ordinances for town.

NRS 269.595 Controlof unappropriated money.

NRS 269.600 Bylawsfor internal governance.

 

Ordinances

NRS 269.605 Availability.

NRS 269.610 Codification;publication.

 

Miscellaneous Provisions

NRS 269.615 Audits.

NRS 269.617 Powersrelating to planning, subdivision regulation and zoning subordinate in regionfor which Red Rock Canyon Conservation Area and Adjacent Lands Act establisheslimits upon development.

NRS 269.620 Property.

NRS 269.623 Alterationof boundaries; merger of towns.

NRS 269.625 Dissolution.

ANNEXATION

NRS 269.650 Annexationby town whose population is less than 25,000 in county whose population is lessthan 400,000.

NRS 269.652 Commencementof proceedings to initiate annexation.

_________

 

APPLICABILITY OF CHAPTER

NRS 269.010 Automaticapplication to disincorporated cities or towns, and towns formed by board ofcounty commissioners; petition required in certain towns or cities.

1. In the case of any disincorporated town or city, orany town formed by the board of county commissioners, all the provisions ofthis chapter immediately apply thereto.

2. Except as otherwise provided in subsection 1, in acounty whose population is less than 400,000 which has not adopted theUnincorporated Town Government Law, none of the powers or jurisdiction in thischapter authorized or required may be exercised in any town or city until therehas been filed in the office of the county clerk a written petition for theapplication of the provisions of this chapter to the town or city, signed by amajority of the actual residents thereof, representing at least three-fifths ofits taxable property. When a petition is filed, the genuineness of itssignatures and the qualification of its subscribers must be established by theaffidavits of reliable taxpayers of the town or city filed with the petition.

3. Except as otherwise provided in NRS 269.016 to 269.022, inclusive, the boards of countycommissioners constitute the governing body of all unincorporated towns withintheir respective counties.

[16:48:1881; A 1887, 117; C 2189; RL 892; NCL 1246](NRS A 1973, 800; 1995, 2178)

NRS 269.011 Applicabilityof NRS269.016 to 269.022, inclusive, and 269.024to 269.0248,inclusive. The provisions of NRS 269.016 to 269.022, inclusive, and 269.024 to 269.0248, inclusive, apply to eachunincorporated town in a county having a population of less than 100,000 whichhas not elected to accept the provisions of the Unincorporated Town GovernmentLaw.

(Added to NRS by 1977, 1003; A 1979, 527; 1983, 1661)

BOUNDARIES

NRS 269.012 Boundariesfixed when city disincorporates; effect of annexation by city.

1. When any city is disincorporated, the board ofcounty commissioners shall at the time of such disincorporation fix theboundaries of the unincorporated town created therefrom, if one is createdpursuant to this chapter.

2. If all or any part of an unincorporated town isannexed by any incorporated city, the territory so annexed shall beautomatically detached from such unincorporated town at the time of suchannexation, and the boundaries of such unincorporated town shall be contractedaccordingly, without further action of the board of county commissioners.

(Added to NRS by 1967, 1610)

NAME; SEAL

NRS 269.013 Name:Unlawful use by another political subdivision. Itis unlawful for any political subdivision of the State of Nevada to adopt asits official name a name previously officially adopted by any town in thisstate.

(Added to NRS by 1959, 621)

NRS 269.014 Seal. An unincorporated town in this state shall have a commonseal and may change the seal at pleasure.

(Added to NRS by 1963, 1165; A 1985, 262)

TOWN BOARD FORM OF GOVERNMENT

NRS 269.016 Establishmentof elected town board. A town board form ofgovernment, for the purpose of governing such town in accordance with thepowers specified in this chapter, may be established for any unincorporatedtown in the State of Nevada. The town board form of government must be adoptedin the manner provided in NRS 269.0165or 269.017 to 269.019, inclusive.

(Added to NRS by 1967, 1723; A 1968, 66; 2003, 1664)

NRS 269.0165 Adoptionby initiative petition; procedures for appointment or election of initialmembers of town board.

1. A town board form of government may be adopted bymeans of initiative petition of the residents of the town.

2. The procedures established by NRS 295.085 to 295.125, inclusive, for the adoption ofcounty ordinances by initiative petition must be followed by the residents andeach document of the petition must set forth briefly the proposal to establisha town board form of government. The election required to be held if theproposal is not adopted by the board of county commissioners must be held notless than 30 days nor more than 60 days after the date of the final board votethereon.

3. Members of the town board must be appointed andelected as provided in:

(a) NRS 269.017,if the proposal to adopt the town board form of government is approved by theboard of county commissioners; or

(b) NRS 269.0171,if the proposal is submitted to the electors for their approval.

(Added to NRS by 1968, 66; A 1969, 1116, 1538; 1979,527; 1983, 1661)

NRS 269.0166 Additionalqualifications of voters in election on initiative petition. In addition to the qualifications prescribed in NRS 293.485 for electors in all elections,a person may vote in an election held pursuant to NRS 269.0165 only if he has been aresident of the area for which it is proposed to establish a town board form ofgovernment for at least 30 days prior to such election.

(Added to NRS by 1968, 67)

NRS 269.017 Membersof town board: Qualifications; initial appointments; subsequent election.

1. If the board of county commissioners determinesthat the best interests of an unincorporated town would be served by adoptionof a town board form of government it shall establish a town board for the townby appointing five persons who are residents and qualified electors in the townto serve as members of the town board until successors can be elected at thenext general election.

2. At the next general election five persons who areresidents and qualified electors in the town must be elected by the registeredvoters of the town to serve as members of the town board.

(Added to NRS by 1967, 1723; A 1977, 201; 1985, 692)

NRS 269.0171 Membersof town board: Election when initiative proposal submitted to electors; filingof notice of intention to become candidate.

1. If the establishment of a town board form ofgovernment is proposed by initiative petition, and the proposal is submitted tothe electors, the prospective members of the town board must be elected at thesame general election in which the proposal is submitted to the electors.

2. Any person who is a resident, is a qualifiedelector and desires to become a candidate for the position of member of a townboard must, within the time specified by subsection 3, file in the office ofthe county clerk a notice of his intention to become a candidate. The notice ofintention must show that the person possesses the qualifications required bythis section. Each person filing the notice of intention as required by thissection is entitled to have his name placed on the official ballot.

3. The notice of intention required by subsection 2must be filed not later than 5 p.m. on the second Tuesday in May of the year inwhich the election is held.

4. If the proposal to establish a town board form ofgovernment is approved at the election, members of the town board electedpursuant to this section serve as members until the next general election.

(Added to NRS by 1969, 1116; A 1993, 30, 1045)

NRS 269.018 Membersof town board: Terms of office.

1. Except as otherwise provided in subsection 2, theterm of office of a member of the town board is 4 years and begins on the firstMonday in January following the general election at which he is chosen.

2. The initial members of the board elected at ageneral election shall, at the first meeting of the board after their electionand qualification, draw lots to determine which members serve terms of 2 yearsand which serve terms of 4 years. The drawing must result in, as nearly aspossible, the election of half of the members of the board at each subsequentelection.

(Added to NRS by 1967, 1723; A 1985, 2311; 1989,2174; 1991, 467)

NRS 269.019 Chairmanand town clerk: Selection; duties.

1. The town board shall choose one of its members toact as chairman of the town board and one member to act as town clerk. A deputytown clerk may be appointed by the town board, which shall fix his salary.

2. The chairman of the town board shall:

(a) Preside over meetings of the town board.

(b) Perform other duties assigned to him by the board.

3. The town clerk shall:

(a) Perform the duties required or authorized to beperformed by him under the provisions of this chapter.

(b) Keep a record of the proceedings of the town board.

(c) Forward a copy of the record of each meeting to theclerk of the board of county commissioners as soon as feasible after suchmeeting.

(Added to NRS by 1967, 1723)

NRS 269.0205 Singlecandidate declared elected. If at 5 p.m. onthe last day for filing a notice of intention of candidacy for the position ofmember of a town board, there is only one candidate who has filed a notice ofintention for the position, that candidate must be declared elected and noelection may be held for that position.

(Added to NRS by 2003, 1663)

NRS 269.021 Effectivedate of ordinance or other action. Anyordinance adopted or action taken by a town board shall not take effect orbecome final until the expiration of 30 days after the ordinance was adopted orthe action was taken.

(Added to NRS by 1967, 1723; A 1969, 1116; 1971, 227)

NRS 269.022 Discontinuanceof elected town board: Procedure. If the boardof county commissioners determines that the best interests of the town are nolonger served by a town board form of government, it may order the question tobe put on the ballot at the next general election. If the majority of personsvoting favor discontinuance of the town board form of government, the townboard shall cease to function at the end of the terms of office of theincumbent members of the town board, and the government of the town and all ofits assets and liabilities shall revert to the board of county commissioners.

(Added to NRS by 1967, 1724)

CITIZENS ADVISORY COUNCIL

NRS 269.024 Creationby board of county commissioners. If the boardof county commissioners determines that the best interest of an unincorporatedtown of which such board constitutes the governing body would best be served bythe appointment of a citizens advisory council to act in an advisory andliaison capacity with respect to governing the affairs of such town it shallenact an ordinance creating such advisory council, designating its powers andduties and providing the qualifications of the members thereof.

(Added to NRS by 1973, 799)

NRS 269.0242 Members;qualifications; election; appointment; terms; duties. Anyordinance enacted pursuant to NRS 269.024must include provisions in substance as follows:

1. The citizens advisory council must consist of notfewer than three nor more than five members.

2. Each member of the advisory council must be aresident and qualified elector in the town.

3. The members of the advisory council must beappointed by the board of county commissioners from a list of a number ofqualified persons, equal in number to the number of positions on the advisorycouncil which are to be filled, elected at an informal election. Notice of theelection must be posted in accordance with NRS241.020. The election must be held in the town in November of the year ofthe general election.

4. The list of names of the persons elected must bepresented to the board of county commissioners at their first meeting inDecember of the year of the general election. The persons appointed to theadvisory council shall serve their respective terms at the pleasure of theboard.

5. The members of the advisory council first appointedby the board of county commissioners shall serve until the 1st Monday inJanuary following the next general election, and thereafter the terms of officeof the members of the advisory council are for 2 years and begin on the 1stMonday in January following each general election.

6. The advisory council shall assist the board ofcounty commissioners in governing the town by acting as liaison between theresidents of the town and the board. The advisory council and the board shallcooperate to inform each other of all matters of interest to the town and itsresidents. The advisory council shall not expend or contract any town money forany purpose.

7. The members of the advisory council shall servewithout compensation.

(Added to NRS by 1973, 799; A 1977, 201; 1981, 400)

NRS 269.0244 Officers;meetings; rules of procedure; records. The advisorycouncil shall elect such officers from within its membership, fix such time andplace of meetings, adopt such rules of procedure and keep such records all asin its sole discretion it shall determine consistently with the purposes of NRS 269.024 to 269.0248, inclusive.

(Added to NRS by 1973, 799)

NRS 269.0246 Responsibilitiesof board of county commissioners unaffected. Itis the intent of NRS 269.024 to 269.0248, inclusive, that the existenceand activities of the advisory council shall in no way diminish theresponsibility of the board of county commissioners in its capacity as thegoverning body of the town and in performing its duties as such, but that itshall bring to bear on the problems of the town the knowledge of arepresentative group of residents thereof.

(Added to NRS by 1973, 799)

NRS 269.0248 Creationof additional councils under original ordinance. Citizensadvisory councils for two or more towns may be created by one ordinance, andthe initial ordinance may from time to time be amended to create citizens advisorycouncils for additional towns, if the board of county commissioners determinesthat all of such towns shall be governed by the same ordinance.

(Added to NRS by 1973, 800)

OFFICERS AND EMPLOYEES

NRS 269.025 Meetings;quorum; affirmative vote of majority of whole board required to carry question.

1. The town board or board of county commissioners ofany county in this state having jurisdiction of the affairs of any town orcity, as in this chapter provided, shall hold a regular meeting in the townoffices or in the courthouse at the county seat at least once in each month, ona day previously fixed by the board, for the purpose of transacting thebusiness provided for in this chapter, and shall continue in session from dayto day until such business is completed.

2. The town board or board of county commissioners mayalso hold special meetings upon a call of the chairman of the board, or amajority of the members thereof.

3. A majority of the town board or board of countycommissioners constitutes a quorum. An affirmative vote of the majority of thewhole board is necessary to carry any question.

[Part 15:48:1881; BH 2038; C 2188; RL 891; NCL 1245](NRS A 1967, 1724; 2001, 1126)

NRS 269.030 Dutiesof county clerk. The county clerk in each ofthe counties of this state shall:

1. Perform the duties required or authorized to beperformed by him, under and by virtue of the provisions of this chapter.

2. Be held liable on his official bond for thefaithful performance of such duties.

3. Be ex officio clerk of the board of countycommissioners in the execution of the provisions of this chapter.

4. Keep a record of the proceedings of the board ofcounty commissioners thereabout in books not used for other purposes.

[Part 14:48:1881; BH 2037; C 2187; RL 890; NCL 1244]

NRS 269.035 Dutiesof county treasurer. The county treasurer ineach of the counties of this state shall:

1. Perform the duties required or authorized to beperformed by him, under and by virtue of the provisions of this chapter.

2. Be held liable on his official bond for thefaithful performance of such duties.

3. Pay any fee by him received, by virtue of any lawor ordinance, into the treasury, to be apportioned to the fund of the town orcity from which collected.

[13:48:1881; BH 2036; C 2186; RL 889; NCL 1243]

NRS 269.040 Dutiesof other county officers; compensation.

1. The district attorney, county auditor, countyassessor, and all other county officials, not specially exempted therefrom, ineach of the counties of this state, shall perform the duties required orauthorized to be performed by him and them, under and by virtue of theprovisions of this chapter, and shall be held liable on his or their officialbond or bonds for the faithful performance thereof.

2. All such officers shall pay all fees or moneys bythem received, under any law or ordinance touching the provisions of thischapter, in the time and manner as provided by general law, to the countytreasurer of their respective counties, to be by him distributed to the fund ofthe proper town or city.

3. No officer performing any duty under this chapter,excepting officers and employees of any fire department or company, or peaceofficer thereunder authorized, shall demand or receive any compensation therefor.

[Part 14:48:1881; BH 2037; C 2187; RL 890; NCL 1244]

NRS 269.070 NevadaEthics in Government Law inapplicable to certain transactions. The provisions of the Nevada Ethics in Government Law (NRS 281.411 to 281.581, inclusive) do not prohibit anytown officer from purchasing the warrants of the State or of any other city,town or county, or prevent any town officer from selling or transferring suchwarrants or scrip as he may receive for his services, but none other.

[Part 74:108:1866; B 2672; BH 1709; C 1855; RL 2826; NCL 4826](NRS A 1975, 932)

NRS 269.071 Memberof town board or county commissioner not to become contractor under certaincontracts; penalties.

1. It is unlawful for any member of a town board orboard of county commissioners acting for any town to become a contractor underany contract or order for supplies or any other kind of contract authorized byor for the board of which he is a member, or to be interested, directly orindirectly, as principal, in any kind of contract so authorized.

2. Any person violating subsection 1 is guilty of agross misdemeanor and shall forfeit his office.

(Added to NRS by 1977, 1111)

NRS 269.072 Townofficer not to be interested in certain contracts and purchases; penalties.

1. It is unlawful for any town officer, directly orindirectly, to be interested in any contract made by him, or be a purchaser orbe interested in any purchase under a sale made by him in the discharge of hisofficial duties.

2. Any person violating subsection 1 is guilty of agross misdemeanor and shall forfeit his office.

(Added to NRS by 1977, 1111)

NRS 269.073 Avoidanceof unlawful contract. Any contract made inviolation of NRS 269.071 or 269.072 may be declared void at theinstance of the town or any person interested in the contract except an officerprohibited from making or being interested in the contract.

(Added to NRS by 1977, 1111)

NRS 269.075 Towntreasurer may refuse to redeem warrants. Theseveral town treasurers of the State shall refuse to redeem any warrants,scrip, orders or other evidences of indebtedness against the town whenever itshall come to their knowledge that such warrants, scrip or other evidences ofindebtedness have been purchased, sold, received or transferred in violation oflaw.

[Part 98:108:1866; B 2696; BH 1733; C 1879; RL 2845; NCL 4845]

NRS 269.080 Officersmay sell indebtedness for personal services rendered. Alltown officers shall have the right to sell or transfer any evidences of publicindebtedness which may be issued according to law, for services rendered bythem to the town, legally and justly due, and this chapter shall not be deemedto prevent the purchase, sale or transfer of any funded public indebtednesswhatever of the State, or of any county, city or town.

[Part 99:108:1866; B 2697; BH 1734; C 1880; RL 2846; NCL 4846]

NRS 269.082 Deductionfrom employees salary for service as volunteer firefighter or volunteer driveror attendant prohibited.

1. All employees of unincorporated towns must be paidtheir salaries as fixed by law or ordinance without diminution on account ofany time spent away from town employment while acting as:

(a) Volunteer firefighters of any regular organized andrecognized fire department in the protection of life or property; or

(b) Volunteer ambulance drivers or attendants,

duringworking hours or fractions thereof which should otherwise have been devoted totown employment.

2. As used in this section, volunteer ambulancedriver or attendant means a person who is a driver of or attendant on anambulance owned or operated by:

(a) A nonprofit organization that provides volunteerambulance service in any county, city or town in this State; or

(b) A political subdivision of this State.

(Added to NRS by 1969, 43; A 1997, 468; 2005, 321)

NRS 269.083 Publichearing for dismissed employee.

1. When an employee of an unincorporated town otherthan a department head who has been employed by the unincorporated town for 12or more months is dismissed from employment he may request within 15 days ofthe date of dismissal a written statement specifically setting forth thereasons for such dismissal. Within 15 days of the date of such request he shallbe furnished such a written statement. Within 30 days after receipt of suchwritten statement, the dismissed employee may, in writing, request a publichearing before the town board or board of county commissioners to determine thereasonableness of such action. The town board or board of county commissionersshall grant the dismissed employee a public hearing within 15 days afterreceipt of the written request. At the public hearing, technical rules ofevidence shall not apply.

2. Town boards or boards of county commissioners areauthorized to enact town ordinances necessary to make effective the purposes ofthis section.

(Added to NRS by 1965, 309; A 1967, 1724)

FINANCES

NRS 269.085 Claimsagainst town: Auditing; allowance. The boardsof county commissioners shall audit and allow all claims properly payable outof the funds of any unincorporated town in their respective counties.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1985, 262)

NRS 269.095 Taxes,fines and forfeitures paid to county treasurer; general fund and debt servicefund.

1. All taxes, fines, forfeitures or other moneyscollected or received by any officer or person, under or by virtue of any ofthe provisions of this chapter, shall be paid by the officer or personcollecting or receiving the same to the county treasurer of the county in whichthe taxes or moneys were collected or received.

2. The county treasurer shall:

(a) Set the same apart as a fund to be used solely forthe benefit of the town or city in which they were collected or received.

(b) Enter the same upon his books to the credit of thetown or city.

(c) Divide the fund into two equal portions, one to bedesignated as the general fund and the other as a debt service fund.

(d) Not pay any money out of the general fund exceptupon warrants drawn upon him by the county auditor of his county.

(e) Not pay any money out of the debt service fundexcept in the manner specified in this chapter.

3. When all claims payable from the debt service fundshall have been satisfied, then the fund shall cease and any money thereinremaining shall be transferred to the general fund.

4. If at any time after creating a debt service fundthere shall be more money in the general fund than is necessary to meet currentor anticipated expenses, the board of county commissioners shall direct thecounty treasurer to transfer such surplus to the debt service fund, and thesame shall thereafter be used as other moneys belonging to that fund.

[3:48:1881; A 1883, 51; BH 2026; C 2176; RL 879; NCL 1233](NRS A 1965, 738)

NRS 269.100 Transferof surplus money to other funds. Wheneverthere shall be any surplus money in either the fire department fund, generalfund, or police department fund, now or hereafter created by virtue of the lawsof this state, in any unincorporated town, the town board or board of countycommissioners may, and they are authorized and empowered to, transfer suchsurplus, or any portion thereof, from any one to either of the funds, in themanner and proportion best calculated, in the judgment of the town board orboard of county commissioners, to subserve and protect the credit of the other.

[1:24:1881; BH 2078; C 2228; RL 894; NCL 1281](NRS A 1965, 738; 1967, 1725)

NRS 269.105 Expensesand salaries paid from general fund; form and payment of warrants; chairman ofcounty commissioners to examine books and make report; reports to town boards.

1. All salaries of officers mentioned in this chapterand all expenses incurred in carrying on any government herein provided forshall be paid out of the general fund of the town or city, to the affairs ofwhich the government relates.

2. All claims for such salaries and expenses shall bepresented to the town board or board of county commissioners, who shallconsider and allow or reject the same, in whole or in part, and a record oftheir action shall be entered upon their minutes.

3. If allowed in whole or in part by a majority voteof all the members composing the town board or board of county commissioners,the clerk thereof shall certify the claims to the county auditor, who shallthereupon issue his warrant to the holder, substantially in the following form:

 

No ......... .(month) (day) . (year)

The county treasurer of ................ County willpay to ................. the sum of ........ dollars, for (stating in generalterms the nature of the claim), and charge the same to the general fund of the(town or city of) ................

$......... ................................... CountyAuditor

 

The county auditor shall appropriately fill all blanks.

4. Upon presentation of any warrant, the countytreasurer shall immediately pay the same if he has money in his handssufficient therefor belonging to the fund upon which it is drawn; but, if hehas not, he shall endorse on the warrant, Not paid for want of funds, addingthereto the date of the endorsement and signing his name officially to thesame; and thereafter he shall pay the warrant out of the first money applicablethereto coming into his hands.

5. Before 12 m. on the 1st Monday in each month, thecounty treasurer shall post a notice in a conspicuous place in his office,showing the number and amount of each outstanding warrant, if any, which thereis money in the treasury to pay.

6. On paying any warrant, the county treasurer shallwrite across the face thereof, in red ink, Paid, with the date of payment,and sign his name officially thereto, and the warrant, thus cancelled, shall bea sufficient voucher for the county treasurer for his official settlement,which settlement shall be made in time and manner as provided for settlementfor county funds.

7. The chairman of the board of county commissionersshall, in addition to such settlement, once a month examine the books andvouchers of the county treasurer concerning the state of the finances in hishands, as mentioned in this chapter, and report the result to the board, whichreport shall be spread upon the minutes of the board. Such report shall bedelivered to the town boards, if any, created pursuant to NRS 269.0165 and NRS 269.017 to 269.019, inclusive. Such town boards shallhave access, at all reasonable times, to the books and vouchers of the county treasurerwhich relate to the respective towns.

[4:48:1881; BH 2027; C 2177; RL 880; NCL 1234](NRS A 1967, 1725; 1968, 67; 2001, 47)

NRS 269.110 Paymentof funded debt, outstanding bonds and other debt of disincorporated city:Procedure.

1. In all cases where a town or city in any county ofthis state has been incorporated by an act of the Legislature thereof, or ofthe Territory of Nevada, or otherwise, or may be incorporated, and the same hasbeen or may hereafter be disincorporated, and where at the time of suchdisincorporation there exists any funded debt or outstanding bonds, the boardof county commissioners shall provide for the payment of the principal and interestof the same substantially in time, manner and form as provided by law orordinance existent touching the same at the time of disincorporation. If therebe no such law or ordinance, all such claims shall be paid out of the debtservice fund of such town or city, as provided in this chapter for the paymentof other indebtedness.

2. The board of county commissioners of such countyshall take possession of all the books, papers, documents, money, credits,claims, demands and other property of the town or city, and collect, hold ordispose of the same for the use and benefit of the inhabitants thereof; and incase the town or city shall have been at the time of disincorporation involvedin debt, other than as above specified, the board of county commissioners shallascertain the amount thereof, and cause evidences of indebtedness bearinginterest on the principal sum thereof from date, at the legal rate of interestper annum, to be issued to the holder of the indebtedness, which evidences ofindebtedness shall be in the following form:

 

No ......... .(month) (day) ... (year)

$..........

This is to certify that the (designating the town orcity by its name) is indebted to ................ in the sum of ........dollars principal, and ........ dollars interest, payable out of the debtservice fund of ................; the principal sum of ........ dollars to bearinterest from this date at the legal rate per annum, principal, interest, andaccruing interest payable in lawful money of the United States.

..............................................................................,

Chairman of the Board ofCounty Commissioners

of................................................ County, Nevada

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

Clerk of ................ County, Nevada

 

All blanks shall be appropriately filled.

3. No such evidence of indebtedness shall be issuedupon any account, claim, demand, bond, warrant, scrip or other instrument,unless the same be filed with the clerk of the board of county commissionerswithin 3 months after the disincorporation of the town or city; andsimultaneously upon issuance the account, claim or demand on which the same isissued shall be receipted, and the bond, warrant, scrip or other instrumentshall be cancelled.

4. The county treasurer shall only use the money ofthe debt service fund for the payment of the preexisting bonds or funded debtnot otherwise provided for, as hereinbefore mentioned, and such evidences asshall be issued as last hereinbefore mentioned, and the interest thereon asprovided in this chapter.

[6:48:1881; A 1883, 51; BH 2029; C 2179; RL 882; NCL 1236](NRS A 1965, 739; 2001, 48)

TAXATION

NRS 269.115 Powerof county commissioners to levy taxes.

1. Except as provided in subsection 2, the boards ofcounty commissioners shall levy a tax, not exceeding 1.5 percent per annum,upon the assessed value of all real and personal property situated in anyunincorporated town in their respective counties, made taxable by law for stateand county purposes.

2. In addition to the taxes levied in accordance withthe provisions of subsection 1, each board of county commissioners shall levy atax for the payment of interest and redemption of outstanding bonds of theunincorporated town issued pursuant to the provisions of NRS 269.400 to 269.470, inclusive.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1963, 1165; 1985, 262; 1989, 43)

NRS 269.120 Levyand collection of taxes.

1. Annually, at the time of assessing or fixing theamount of taxes for county purposes, the board of county commissioners shall,subject to the restrictions of NRS 269.115,assess, fix and designate the amount of taxes that should be levied and collectedfor city or town purposes on all real and personal property assessable forstate or county purposes within any town or city in their county. The taxesmust be collected at the same time, in the same manner and by the same officersas provided in the revenue laws of this state for the levying and collecting ofstate and county taxes.

2. The revenue laws, in every respect not inconsistentwith the provisions of this chapter, apply to the levying and collecting of thetaxes pursuant to this section.

3. In all cases where the county commissioners, or thecounty assessor, or district attorney of the county, or any other officer, orany judge or justice of the peace of the county, is required or authorized bylaw to adopt or use any form appertaining to the assessment or collection ofcounty taxes, he or they shall also adopt or use a similar form in relation toassessing, levying and collecting taxes pursuant to this section, and may usethat form in any book, paper or document in which he or they have used thefirst-named form, and in filling up the blanks of the last-named form there mustbe inserted the name of the town or city, using the name by which it iscommonly designated, or such name as will enable the inhabitants thereof toknow that their town or city, as the case may be, is intended to be named inthe book, paper or document.

4. All suits instituted to collect state or countytaxes on real or personal property assessed in the town or city, must includethe unpaid taxes levied pursuant to this section, and judgments thereinrendered must also include those taxes.

[2:48:1881; BH 2025; C 2175; RL 878; NCL 1232](NRS A 1989, 43)

PUBLIC WORKS

NRS 269.122 Townspowers subordinate to powers of Nevada Tahoe Regional Planning Agency.[Effective upon proclamation by Governor of withdrawal of California from TahoeRegional Planning Compact or of his finding that the Tahoe Regional PlanningAgency has become unable to perform its duties or exercise its powers.] In the region of this state for which there has beenestablished by NRS 278.780 to 278.828, inclusive, a regional planningagency, the powers of an unincorporated town for the location and constructionof all public works are subordinate to the powers of such regional planningagency.

(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 269.123 Townspowers subordinate to powers of regional planning agency. In any region of this state for which there has beenestablished by interstate compact a regional planning agency, the powers of anunincorporated town for the location and construction of all public works aresubordinate to the 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)

PROPERTY, PUBLIC SERVICES AND FRANCHISES

NRS 269.125 Management,use and sale of property; appraisal. The townboard or board of county commissioners may hold, manage, use and dispose of thereal and personal property of any unincorporated town, and the board of countycommissioners shall collect all dues and demands belonging to or coming to thetown. Except as otherwise provided in this section, a sale of such propertymust not be made until after its actual market value is appraised by one ormore disinterested, competent real estate appraisers who are taxpayers of thetown and are appointed by a district judge of the county. If there are nodisinterested, competent real estate appraisers who are taxpayers of the town,the sale of the property may be made after its actual market value is appraisedby one or more disinterested, competent real estate appraisers who are nottaxpayers of the town and are appointed by the district judge of the county.The property must not be sold for less than:

1. Three-fourths of the appraised value, if there isonly one appraisal performed; or

2. Three-fourths of the lowest appraised value, ifthere is more than one appraisal performed.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455] + [Part 8.5:80:1865; added 1955, 139](NRS A 1967, 1726;1969, 768; 1975, 571; 1983, 2010; 1985, 263; 1993, 2512)

NRS 269.127 Provisionof translator signals for television or FM radio broadcasts.

1. A town board or board of county commissioners may:

(a) Make application for and hold any license requiredto provide television or FM radio broadcast translator signals, or both.

(b) Contract with any person, corporation orassociation to provide the equipment, facilities and services necessary tofurnish such broadcast translator signals for a period not to exceed 10 years.

(c) Enter into contracts for the purposes of thissection that extend beyond the term of office of any member of the board orcommission.

(d) Levy and collect a tax upon the assessed value ofproperty within an unincorporated town to cover the costs of providing suchbroadcast translator signals to that town.

2. As used in this section, FM radio means a systemof radio broadcasting by means of frequency modulation.

(Added to NRS by 1975, 711; A 1995, 1907)

NRS 269.128 Displacementor limitation of competition: Services. A townboard or board of county commissioners may, to provide adequate, economical andefficient services to the inhabitants of the town and to promote the general welfareof those inhabitants, displace or limit competition in any of the followingareas:

1. Ambulance service.

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

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

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 1985, 1243; A 2001, 845; 2005, 2319)

NRS 269.129 Displacementor limitation of competition: Methods. A townboard or board of county commissioners may:

1. Provide those services set forth in NRS 269.128 on an exclusive basis or, byordinance, adopt a regulatory scheme for providing those services orcontrolling development on an exclusive basis within the boundaries of thetown; or

2. Grant an exclusive franchise to any person toprovide those services within the boundaries of the town.

(Added to NRS by 1985, 1243; A 2001, 846)

CONDEMNATION OF PROPERTY FOR TOWNS USE

NRS 269.130 Powerof board of county commissioners. The boardsof county commissioners may condemn property for the use of the inhabitants ofany unincorporated town in their respective counties, in the manner provided inNRS 269.135.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1985, 263)

NRS 269.135 Procedure.

1. Any property, real or personal, necessary for thepublic use of the town or city, or the inhabitants thereof, may be condemnedand appropriated in the manner provided in this section.

2. The board of county commissioners shall appoint onereferee, and the claimant or claimants, or owner or owners of the propertysought to be condemned, shall appoint one referee; and in the event the tworeferees so appointed shall not agree in the valuation of the property or theinterest or interests claimed therein, then the two so appointed shall select athird referee, and the decision of the majority of such three, as to thevaluation of the property or the interest or interests therein by themappraised, shall be reported to the board of county commissioners, and shall beby them regarded as final and binding, unless the party deeming himselfaggrieved by the decision of such referees shall appeal therefrom to thedistrict court of the proper county within 30 days after notice of such decisionshall have been served upon him.

3. Upon the tender, in lawful money of the UnitedStates, of the sum named as the value of such property interest or interests tothe claimant or claimants, or owner or owners thereof, or his or their agent orattorney, such property, or the interest or interests therein appraised, shallbecome and be the property of the town or city, and the board of countycommissioners may, at any time after 20 days notice, cause the sheriff of thecounty to remove all persons and obstructions from such property, in case thesame be real, and may take immediate possession of the condemned property,whether the same be real or personal.

4. In case the claimant or claimants, or owner orowners of property sought to be condemned, as herein provided, shall refuse orneglect, when required by the board of county commissioners, to appoint areferee to value such property, then the board of county commissioners shallconstitute a board of appraisers of such property, and their valuation of thesame shall be final and binding, subject to right of appeal, as hereinbeforeprovided; but no act of condemnation of property, or of any claim of interest thereinas herein provided, shall be deemed or held as an admission on the part of thetown or city, or the inhabitants thereof, of the legality of the asserted claimthereto or right therein.

5. In the condemnation of property, as provided inthis section, the referees or county commissioners, as the case may be, shallconsider whether the proposed improvement, for which the property is socondemned, will be of any benefit to the person or persons owning or claimingthe property or some interest therein, and if they find that the same will be abenefit to such person or persons, they shall estimate the value of suchbenefit to him or them and deduct the amount thereof from the estimated valueof the property or interest therein condemned.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455]

SUITS AND PROSECUTIONS

NRS 269.140 Powersand duties of town board or board of county commissioners.

1. The town board or board of county commissionersshall institute and maintain any suit in any court necessary in their judgmentto enforce any right of any unincorporated town.

2. All such suits must be prosecuted in the name ofthe town board or board of county commissioners for the use and benefit of theinhabitants of the town, and must be entitled accordingly in all pleadings andproceedings.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1967, 1726; 1985, 263)

NRS 269.145 Dutiesof district attorney; appointment and duties of town attorney.

1. All prosecutions arising under the provisions ofthis chapter shall be conducted by the district attorney of the county, whoshall collect such fees as may be provided by law or ordinance and pay the sameto the county treasurer, to be by him distributed to the proper fund.

2. The district attorney shall also prosecute anddefend all suits brought by or against the town board or board of countycommissioners under the provisions of this chapter.

3. The town board may appoint a town attorney to actin lieu of the district attorney, in which case the town attorney shall actexclusively in behalf of the town in all civil matters.

[11:48:1881; BH 2034; C 2184; RL 887; NCL 1241](NRS A 1967, 1726)

PRINTING

NRS 269.150 Townprinting to be placed with newspaper or commercial establishment within county;exceptions.

1. Except as otherwise provided in this section and NRS 344.050, all public printing requiredby the various towns of this State must be placed with a bona fide newspaper orbona fide commercial printing establishment within the county in which the townis located. If there is no bona fide newspaper or bona fide commercial printingestablishment within the county adequately equipped to do the printing, theprinting must be placed with a bona fide newspaper or bona fide commercialprinting establishment in the State adequately equipped to do the printing.

2. Except as otherwise authorized in subsection 4,printing required by towns of this State 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 town bonds and other evidences of indebtedness outside the State.

[Part 1:120:1925; A 1927, 227; NCL 5610](NRS A1959, 218; 2005, 1088)

ORDINANCES

NRS 269.155 Enactment;notice; publication; duration of effect.

1. In addition to the powers and jurisdictionconferred by other laws, the town board or board of county commissioners shall:

(a) Adopt all ordinances, rules and regulations for anyunincorporated town; and

(b) Perform all other acts necessary for the executionof the powers and jurisdiction conferred by this chapter.

2. Except as otherwise provided in this section and NRS 269.167, each ordinance must be:

(a) Signed by the chairman of the town board andattested to by the town clerk, or signed by the chairman of the board of countycommissioners and attested to by the county clerk; and

(b) Published in full in a newspaper published in orhaving a general circulation in the county at least once a week for 2 weeksbefore the ordinance is effective.

3. Except as otherwise provided in subsection 4, ifthe town board or board of county commissioners proposes the adoption of anordinance for an unincorporated town, the town board or the board of countycommissioners shall, not less than 10 days nor more than 20 days before themeeting of the board at which the proposed ordinance is to be adopted orotherwise acted upon, cause the title and a detailed summary of the proposedordinance to be published in a newspaper published in or having a generalcirculation in the county.

4. Ordinances relating to the issuance of municipalsecurities, as that term is defined in the Local Government Securities Law, andordinances adopting any specialized or uniform codes, including, but notlimited to, building, electrical and plumbing codes, printed in book orpamphlet form, may be published by title only, together with the names of themembers of the town board or the county commissioners voting for or againsttheir passage, in a newspaper published in or having a general circulation inthe county, at least once a week for 2 weeks before the ordinances areeffective. Publication by title must set forth a statement indicating thattypewritten copies of the ordinance are available for inspection at the officeof the town clerk or the county clerk by all interested persons.

5. All ordinances of the town or city that:

(a) Are in effect on the date of the assumption of thetown board or board of county commissioners of the powers and duties conferredor imposed by this chapter; and

(b) Are not inconsistent with those powers and duties,

remain ineffect and must be enforced until changed or repealed by the board.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1965, 993; 1967, 802, 1727; 1969, 57; 1997, 2409)

NRS 269.160 Punishmentfor breach of ordinance. The town board orboard of county commissioners shall fix the punishment for the breach of an ordinanceadopted by the town board or board of county commissioners for any unincorporatedtown to be enforced within the town. No fines may be imposed for one offense ina sum greater than $1,000, and no term of imprisonment may be more than 6months. In lieu of imprisonment any person committed for punishment may be madeto work on any public work in the town, and to that end a chain gang may beformed, continued and operated.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1967, 1727; 1985, 263)

NRS 269.165 Jurisdictionof justice of the peace; payment of fees and fines to county treasurer.

1. Any justice of the peace within the town or cityhas jurisdiction of all violations of ordinances applicable thereto under theprovisions of this chapter, and may render final judgment, hold to bail, fineor commit to the county jail any offender, in accordance with the provisionsthereof, or may suspend the sentence of any offender pursuant to NRS 4.373.

2. All commitments of imprisonment must be directed tothe sheriff of the county, and all fees or fines collected must be paid to thecounty treasurer of the proper county, to be by him distributed to the properfund of the town or city.

[10:48:1881; BH 2033; C 2183; RL 886; NCL 1240](NRS A 1987, 1135)

TOWN CODE

NRS 269.166 Revisionand codification of general ordinances; arrangement, publication and sale ofcode.

1. In addition to the powers and jurisdictionconferred by other laws, the town board or board of county commissioners shallhave the power to provide for the revision and codification, including suchrestatements and substantive changes as are necessary for clarity andconsistency, of all general ordinances of any unincorporated town, and mayprovide for the indexing and publication of such ordinances in the form of atown code.

2. The ordinances in each town code shall be arrangedin appropriate chapters and sections, excluding the titles, enacting clauses,signatures, attestations and other formal parts.

3. Copies of the town code and any supplements theretomay be reproduced in printed or typewritten book, pamphlet or loose-leaf form,or such other form as the town board or 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 town.

4. The town board or board of county commissioners mayemploy or contract for the services of professional personnel in preparation ofthe town code.

(Added to NRS by 1963, 75; A 1967, 1727)

NRS 269.167 Adoptionby ordinance; procedure; effective date.

1. The town code shall be adopted by an ordinance. Theonly title necessary for such ordinance shall be An Ordinance enacting arevision and codification of the general ordinances of the town of................

2. The proposed town code may be adopted by referenceand need not be read aloud to the town board or board of county commissionersif the board:

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

(b) Publishes a notice of such 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 town or county clerk.

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

4. The ordinance adopting the town code shall takeeffect after:

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

(b) At least three copies of the code have been filedwith the town or county clerk.

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

(Added to NRS by 1963, 76; A 1967, 1728)

NRS 269.168 Filingwith Librarian of Supreme Court Law Library. Twocopies of the town code shall be filed with the Librarian of the Supreme CourtLaw Library after such code becomes effective.

(Added to NRS by 1963, 76; A 1971, 805; 1973, 425)

NRS 269.169 Amendmentand extension; procedure. The town code may,by ordinance regularly passed, adopted and published, be amended or extended.All general ordinances passed after the adoption of a town code shall beamendments or extensions thereof. No section of the code shall be amended byreference only, but the section, as amended, shall be reenacted and publishedat length. Three copies of any amendment or extension shall be filed with thetown or county clerk and two copies of any amendment or extension shall befiled with the Librarian of the Supreme Court Law Library.

(Added to NRS by 1963, 76; A 1967, 1728; 1975, 143)

LICENSING AND REGULATION OF PROFESSIONS, TRADES ANDBUSINESSES

NRS 269.170 Powersof town board or board of county commissioners; application for certainlicenses; imposition of license tax; license tax as lien; exchange ofinformation concerning tax or taxpayer with Department of Taxation.

1. Except as otherwise provided in subsection 5 and NRS 576.128, 598D.150 and 640C.100, the town board or board ofcounty commissioners may, in any unincorporated town:

(a) Fix and collect a license tax on, and regulate,having due regard to the amount of business done by each person so licensed, andall places of business and amusement so licensed, as follows:

(1) Artisans, artists, assayers, auctioneers,bakers, banks and bankers, barbers, boilermakers, cellars and places where softdrinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards,manufacturers of soap, soda, borax or glue, markets, newspaper publishers,pawnbrokers, funeral directors and wood and coal dealers.

(2) Bootmakers, cobblers, dressmakers,milliners, shoemakers and tailors.

(3) Boardinghouses, hotels, lodginghouses,restaurants and refreshment saloons.

(4) Barrooms, gaming, manufacturers of liquorsand other beverages, and saloons.

(5) Billiard tables, bowling alleys, caravans,circuses, concerts and other exhibitions, dance houses, melodeons, menageries,shooting galleries, skating rinks and theaters.

(6) Corrals, hay yards, livery and sale stablesand wagon yards.

(7) Electric light companies, illuminating gascompanies, power companies, telegraph companies, telephone companies and watercompanies.

(8) Carts, drays, express companies, freightcompanies, job wagons, omnibuses and stages.

(9) Brokers, commission merchants, factors,general agents, mercantile agents, merchants, traders and stockbrokers.

(10) Drummers, hawkers, peddlers and solicitors.

(11) Insurance agents, brokers, analysts,adjusters and managing general agents within the limitations and under theconditions prescribed in NRS 680B.020.

(b) Fix and collect a license tax upon all professions,trades or business within the town not specified in paragraph (a).

2. 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.

3. Any license tax levied for the purposes of NRS 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 must be enforced in the same manner asliens for ad valorem taxes on real and personal property. The town board orother governing body of the unincorporated town may delegate the power to enforcesuch liens to the county fair and recreation board.

4. The governing body or the county fair andrecreation board may agree with the Department of Taxation for the continuingexchange of information concerning taxpayers.

5. The town board or board of county commissionersshall not require a person to obtain a license or pay a license tax on the solebasis that the person is a professional. 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.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1961, 49; 1967, 1728; 1969, 874; 1971, 1922; 1983,122, 762; 1985, 263; 1997, 3171; 2003, 2895; 2005, 734, 1136)

NRS 269.171 Paymentof child support: Statement by applicant for license, permit or certificate;grounds for denial of license, permit or certificate; duty of town board orboard of county commissioners. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. If a town board orboard of county commissioners requires a person to obtain a license, permit orcertificate to practice a profession or occupation pursuant to NRS 269.170, an applicant for the issuanceor renewal of such a license, certificate or permit shall submit to the townboard or board of county commissioners the statement prescribed by the Divisionof Welfare and Supportive Services of the Department of Health and HumanServices pursuant to NRS 425.520. Thestatement must be completed and signed by the applicant.

2. The town board or board of county commissionersshall include the statement 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 town board orboard of county commissioners.

3. A license, certificate or permit may not be issuedor renewed by a town board or board of county commissioners pursuant to NRS 269.170 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 town board or board ofcounty commissioners shall advise the applicant to contact the districtattorney or other public agency enforcing the order to determine the actionsthat the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2044)

NRS 269.172 Suspensionof license, certificate or permit for failure to pay child support or complywith certain subpoenas or warrants; reinstatement of license, certificate orpermit. [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.]

1. If a town board or board of county commissionersreceives 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 pursuant to NRS 269.170, the town board or board ofcounty commissioners shall deem the license, certificate or permit issued tothat person to be suspended at the end of the 30th day after the date on whichthe court order was issued unless the town board or board of countycommissioners receives a letter issued to the holder of the license,certificate or permit by the district attorney or other public agency pursuantto NRS 425.550 stating that the holderof the license, certificate or permit has complied with the subpoena or warrantor has satisfied the arrearage pursuant to NRS425.560.

2. A town board or board of county commissioners shallreinstate a license, certificate or permit to practice a profession oroccupation issued pursuant to NRS 269.170that has been suspended by a district court pursuant to NRS 425.540 if the town board or board ofcounty commissioners receives a letter issued by the district attorney or otherpublic agency pursuant to NRS 425.550 tothe person 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, 2045)

NRS 269.173 Applicationfor license, certificate or permit must include social security number ofapplicant. [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 NRS269.170 must include the social security number of the applicant.

(Added to NRS by 1997, 2045)

NRS 269.175 Powerto license, regulate or suppress certain businesses. Exceptas otherwise provided in NRS 576.128,the boards of county commissioners may in any unincorporated town in theirrespective counties license, tax, regulate, prohibit and suppress all tipplinghouses, dramshops, public card tables, raffles, hawkers, peddlers, pawnbrokers,gambling houses, disorderly houses and houses of ill fame.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1985, 265; 1997, 3172)

NRS 269.180 Issuanceof licenses: Terms and amounts. The boards ofcounty commissioners may in any unincorporated town in their respectivecounties provide by ordinance for the issuance of all licenses mentioned inthis chapter or authorized to be issued, and fix the terms and sums forlicenses.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1985, 265)

NRS 269.182 Pawnbrokers:Licensing; additional license required if motor vehicles accepted ascollateral; fee.

1. If the town board or board of county commissionersrequires a license to engage in business as a pawnbroker in an unincorporatedtown, it shall also require an additional license if the pawnbroker acceptsmotor vehicles as pledged property or in any other manner allows the use of amotor vehicle as collateral for a loan. A license authorizing a pawnbroker toaccept motor vehicles as pledged property must not be issued to a person whodoes not have a license to engage in 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)

VEHICLES AND TRAFFIC

NRS 269.185 Powerto regulate vehicular traffic; ordinances; posting informational signs andother devices at school zones and school crossing zones.

1. Except as otherwise provided in NRS 707.375, in addition to the powers andjurisdiction conferred upon the town boards or boards of county commissionersby this chapter, such boards may:

(a) Regulate traffic upon the streets and alleys oftowns or cities governed by such boards pursuant to this chapter.

(b) Regulate the speed, parking, stopping, turning andoperation of all motor vehicles and other vehicles using the streets andalleys.

(c) Pass and adopt all ordinances, rules andregulations, and do and perform all acts and things necessary for the executionof the powers and jurisdiction conferred by this section.

2. The town board or board of county commissionersshall cause to be displayed, in each school zone and school crossing zone wherethe county has posted a speed limit, signs or other devices designating thetimes during which the speed limit in the zone is to apply.

[1a:48:1881; added 1937, 212; 1931 NCL 1231.01](NRS A 1963, 1294; 1967, 1729; 1993, 2587; 1999, 2675; 2003, 1252)

PUBLIC HEALTH, SAFETY AND MORALS

NRS 269.190 Boardof health: Power to establish and maintain. Theboards of county commissioners may establish and maintain a board of health inany unincorporated town in their respective counties.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1985, 265)

NRS 269.195 Animalsrunning at large. The town board or board ofcounty commissioners may prohibit the keeping of hogs or the running at largeof goats, cows or other animals within the limits of any unincorporated town.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1967, 1729; 1985, 265)

NRS 269.200 Ordinanceprohibiting animals from running at large: Petition; publication; penalty.

1. The town board or board of county commissioners shall,when petitioned by 25 percent of the taxpayers of any town or voting precinctnot maintaining a separate and independent local government, pass an ordinanceto prevent the running at large of any horse, mule, ass, kine, hog, sheep orgoat in the town or precinct, and provide in the ordinance for the impoundingof the animals as estrays and the payment of certain fees and costs before therelease of such animals.

2. When the ordinance is properly drawn and signed bythe chairman of the town board or board of county commissioners, before goinginto effect it shall be published, for a period of at least 10 days, in somenewspaper of general circulation published in the town or precinct, and ifthere be none, then in some newspaper published in the county. The cost ofpublication shall be paid by the town or county out of the general fund of thetown or county the same as other bills.

3. A violation of any such ordinance shall be amisdemeanor.

[1:265:1915; 1919 RL p. 2843; NCL 4028] +[2:265:1915; 1919 RL p. 2843; NCL 4029] + [3:265:1915; 1919 RL p. 2843; NCL 4030](NRS A 1967, 545, 1730)

NRS 269.205 Nuisances:Power to prevent, remove and punish. The townboard or board of county commissioners may determine what are nuisances in anyunincorporated town, and provide for the punishment, prevention and removal ofthe nuisances.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1967, 1730; 1985, 265)

NRS 269.210 Abatementof nuisance: Procedure; costs.

1. For the purposes of this section, nuisances in anyunincorporated town in this state shall be deemed to consist of permittingfilth heaps, garbage, unprotected sewage or drainage pipes or boxes, cesspools,obstructions to the safe and convenient passage of vehicles and pedestriansthrough and over the public highways, streets and alleys, and other suchnuisances as may be named by the State Board of Health or county board ofhealth to remain unabated after due notice to abate or remove the same asrequired by the provisions of this section.

2. Upon the complaint of any resident in anyunincorporated town in this state to the sheriff or constable of suchunincorporated town that a nuisance exists therein of the nature mentioned insubsection 1, or from the personal observation and knowledge of such sheriff orconstable that a nuisance of the nature mentioned in subsection 1 exists in theunincorporated town, the sheriff or constable shall notify the property owneror occupants of the premises causing or permitting the nuisance to exist thatunless the nuisance is abated or removed within 10 days after service ofnotice, the sheriff or constable will abate or remove, or cause to be abated orremoved, at the expense of the owner of the property, the nuisance complainedof or found to exist. Notice to abate or remove any nuisance shall be servedupon the owner or occupants of the premises, or agent of the owner of theproperty or premises responsible for the unabated nuisance. If the owner of theproperty is unknown or absent with no known representative or agent upon whomnotice can be served, then the sheriff or constable shall post a written orprinted notice upon the property premises, setting forth that unless thenuisance is abated or removed within 10 days the sheriff or constable willabate or remove, or cause to be abated or removed, at the expense of the ownerand property, the nuisance complained of and found to exist; but in carryingout the provisions of this section, no charge, debt or claim against anyindividual owner or any one piece of real property shall exceed the sum of $50.

3. Any unpaid sum of money against the property orowner accrued in abating or removing nuisances contemplated by this sectionshall be a claim against the property and may be recovered in an action at lawin any court of competent jurisdiction in the county in which theunincorporated town is situated. The amount recovered shall be disbursed inpaying the expenses of abating or removing the nuisance and court expenses.

[1:105:1905; RL 919; NCL 1306] + [2:105:1905; RL 920; NCL 1307] + [3:105:1905; RL 921; NCL 1308]

NRS 269.215 Disorderlyconduct: Prevention and punishment. In additionto the powers and jurisdiction conferred by other laws, the town board or boardof county commissioners shall have the power to prevent, punish and restrainany disorderly conduct.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1967, 1730)

NRS 269.217 Loiteringand prowling ordinances: Enactment and enforcement by town board or board ofcounty commissioners. In addition to thepowers and jurisdiction conferred by other laws, the town boards or boards ofcounty commissioners of the counties of this state are empowered to enact andenforce loitering and prowling ordinances.

(Added to NRS by 1967, 1506; A 1969, 39; 1993, 810)

NRS 269.220 Regulationof storage of explosive and combustible materials. Inaddition to the powers and jurisdiction conferred by other laws, the town boardor board of county commissioners may regulate the storage of gunpowder andother explosive or combustible materials. Any ordinance adopted pursuant tothis section that regulates places of employment where explosives are storedmust be at least as stringent as the standards and procedures adopted by theDivision of Industrial Relations of the Department of Business and Industrypursuant to NRS 618.890.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1967, 1730; 1999, 1858)

NRS 269.222 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 townmay infringe upon those rights and powers.

2. A town board may proscribe by ordinance orregulation 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 269.225 Dogs:Tax; extermination when tax not paid. Theboards of county commissioners may levy and collect an annual tax on all dogsowned or kept within the limits of any unincorporated town in their respectivecounties, and provide for the extermination of all dogs for which the tax hasnot been paid.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1985, 265)

NRS 269.227 Ordinancefor control of rabies. In order to controlrabies and to protect the public health and welfare, each town board or boardof county commissioners shall enact an ordinance providing for a rabies controlprogram and shall include within that ordinance the requirements established byregulations adopted by the State Board of Health.

(Added to NRS by 1965, 1073; A 1967, 1730; 1989, 302)

NRS 269.230 Dutiesof certain officers concerning riotous assembly; penalty.

1. When six or more persons, whether armed or not,shall be unlawfully or riotously assembled in any town, the sheriff of thecounty and his deputies, or the constable of the town, and the justice of thepeace shall go among the persons so assembled, or as near as possible, andshall command them, in the name of the people of the United States and theState of Nevada, to disperse immediately.

2. If the persons assembled do not immediatelydisperse, the magistrates and officers shall arrest them, that they be punishedaccording to law, and for that purpose may command the aid of all personspresent or within the county.

3. If a magistrate or officer, having notice of anunlawful or riotous assembly, as provided in subsection 1, neglect or refuse toproceed to the place of assembly, or as near thereto as he can with safety, andto exercise the authority with which he is invested for suppressing the sameand arresting the offenders, he shall be deemed guilty of a misdemeanor, andshall be punished accordingly.

[Part 87:108:1866; B 2685; BH 1722; C 1868; RL 2836; NCL 4836] + [88:108:1866; B 2686; BH 1723; C 1869; RL 2837;NCL 4837] + [90:108:1866; B 2688; BH 1725; C 1871; RL 2838; NCL 4838]

POLICE PROTECTION

NRS 269.235 Policeofficers: Appointment; bond; salaries; duties.

1. The town board or board of county commissioners mayappoint from the residents of an unincorporated town one chief of police and asmany other peace officers as may be necessary, not exceeding seven. Two-thirdsof the peace officers must be named and appointed by a majority of the board,and one-third by a minority.

2. Each officer shall give a bond, in ordinary form ofofficial bonds, in such amount as may be designated by the town board or boardof county commissioners.

3. The chief of police is entitled to receive for hisservices such sum as may be fixed by the town board or board of countycommissioners not to exceed $250 per month. Other peace officers are entitledto receive for their services such sum as may be fixed by the town board orboard of county commissioners not to exceed $225 each per month.

4. The peace officers are ex officio collectors of alllicenses and taxes, other than property taxes, to be collected for the use ofthe town, and shall exercise such other powers and perform such other duties,including police duties, as may be authorized, directed or required by the townboard or board of county commissioners.

5. Each officer shall transmit any money collectedpursuant to any law or ordinance to the county treasurer for distribution tothe proper fund of the town.

[12:48:1881; A 1943, 65; 1943 NCL 1242](NRS A1967, 1730; 1985, 265)

NRS 269.240 Taxfor support of police department; police department fund; appointment of policeofficers; applicability of section.

1. The boards of county commissioners of the variouscounties of this State may levy and collect a tax of not exceeding one-half of1 percent upon the assessed value of property within any unincorporated townfor the benefit of the police department of the town.

2. The board of county commissioners shall prescribethe boundaries within which the tax is to be collected, but the boundaries mustnot extend beyond the limits of the town.

3. The tax must be assessed and collected at the sametime and by the same officers who assess and collect state and county taxes,and under the same provisions of law, and must be paid over to the countytreasurer.

4. The county treasurer shall keep the money in aseparate fund to be denominated the police department fund. No money may bepaid out of the police department fund, except by order of the town board orboard of county commissioners. The town board or board of county commissionersmay use the police department fund in paying the expenses of the policedepartment within the boundaries of the town, as prescribed by the countycommissioners. Any warrant drawn on the police department fund, when there isnot sufficient money in the treasury to pay the whole amount of the warrant, isvoid.

5. The town board or board of county commissioners ofany county shall appoint policemen, not exceeding two in number, in anyunincorporated town and fix their compensation. The town board or board ofcounty commissioners may, at any time, remove the policemen and appoint othersin their place, whenever the board deems it necessary for the public good. Thepolicemen shall serve within the limits of the unincorporated town. The boardof county commissioners may appoint such other special policemen as, in itsjudgment, the public safety may require, whose compensation must be fixed bythe board, and who shall continue to serve only during the pleasure of suchboard.

6. The provisions of this section have no effect inany town unless a majority of the property holders of the town petitions theboard of county commissioners of the county wherein the town is situated,setting forth the following facts:

(a) That the petition contains the names of themajority of the property holders of the town.

(b) That they request the appointment of such policemenand the levying of a tax of one-half of 1 percent as a compensation therefor,as provided in this section.

7. Upon the presentation of a petition, in compliancewith the provisions of subsection 6, the board of county commissioners in whichcounty the town is situated shall levy the tax and the town board or board ofcounty commissioners shall make the appointment of one or more policemen, inaccordance with the request of the petition.

[1:129:1865; A 1907, 97; RL 908; NCL 1295] +[2:129:1865; B 3109; BH 2042; C 2192; RL 909; NCL 1296] +[3:129:1865; B 3110; BH 2043; C 2193; RL 910; NCL 1297] +[4:129:1865; B 3111; BH 2044; C 2194; RL 911; NCL 1298] +[5:129:1865; B 3112; BH 2045; C 2195; RL 912; NCL 1299] +[6:129:1865; B 3113; BH 2046; C 2196; RL 913; NCL 1300] +[7:129:1865; B 3114; BH 2047; C 2197; RL 914; NCL 1301] +[9:129:1865; A 1907, 97; RL 916; NCL 1303] + [10:129:1865; A 1907, 97; RL 917; NCL 1304] + [11:129:1865; A 1907, 97; RL 918; NCL 1305](NRS A 1959,601; 1967, 1731; 1983, 123; 1993, 2529)

NRS 269.245 Preventionof breach of the peace. Any officer having thedirection of the police in a town shall order a force sufficient to keep thepeace to attend any public meeting, when he is satisfied that a breach of thepeace is to be apprehended.

[82:108:1866; B 2680; BH 1717; C 1863; RL 2832; NCL 4832](NRS A 1983, 124)

NRS 269.247 Accidentreports and related materials: Provision upon receipt of reasonable fee;exceptions. A police department or other lawenforcement agency of a town shall, within 7 days after receipt of a writtenrequest of a person who claims to have sustained damages as a result of anaccident, or his legal representative or insurer, and upon receipt of areasonable fee to cover the cost of reproduction, provide the person, his legalrepresentative or insurer, as applicable, with a copy of the accident reportand all statements by witnesses and photographs in the possession or under thecontrol of the department or agency that concern the accident, unless:

1. The materials are privileged or confidentialpursuant to a specific statute; or

2. The accident involved:

(a) The death or substantial bodily harm of a person;

(b) Failure to stop at the scene of an accident; or

(c) The commission of a felony.

(Added to NRS by 1987, 1052; A 2005, 702)

FIRE PROTECTION

NRS 269.250 Firecompanies or departments: Appointment of officers and employees; salaries;arson investigators designated as peace officers.

1. The town board or board of county commissionersshall in any unincorporated town in their respective counties:

(a) Provide for the prevention and extinguishment offires.

(b) Organize, regulate, establish and disband firecompanies or fire departments.

(c) Provide for the payment of fire companies or firedepartments, and the appointment and payment of officers thereof.

2. All payments authorized under the provisions ofsubsection 1 must be made from the separate fund of the town where service isperformed or required when the fire company or department operates in the townalone, and if used outside of the town the board of county commissioners mayprovide for contribution from general county funds if provided for in thecounty budget.

3. A majority of the town board or board of countycommissioners shall name and appoint two-thirds of all such officers andemployees, and the minority thereof shall name and appoint one-third.

4. The fire chief and the personnel of the firedepartment are entitled to receive such compensation as the town board or boardof county commissioners prescribes.

5. The town board or board of county commissioners maydesignate arson investigators as peace officers.

[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408;1943, 65; 1951, 455](NRS A 1957, 539; 1967, 1732; 1985, 266)

NRS 269.255 Taxfor benefit of fire department; fire department fund.

1. The boards of county commissioners of the variouscounties of this state are empowered to levy and collect a tax of not exceeding1.5 percent upon the assessed value of the property within any unincorporatedtown for the benefit of the fire department in the town.

2. The county commissioners shall prescribe theboundaries within which the tax is to be collected, but the boundaries must notextend beyond the limits of the town.

3. The tax must be assessed in the same manner and issubject to the provisions of the general laws for the assessment and collectionof taxes. The tax must be collected at the same time and by the same officerswho assess and collect the state and county taxes, and must be paid over to thecounty treasurer.

4. The county treasurer shall keep the money in aseparate fund to be denominated the fire department fund. No money may be paidout of the fire department fund except by order of the town board or board ofcounty commissioners. The town board or board of county commissioners shall usethe fire department fund to aid in sustaining the fire companies within theboundaries of the town, as prescribed by the town board or board of countycommissioners. No debt is authorized by this section to be made. Any warrantdrawn on the fire department fund when there is not sufficient money in thetreasury to pay the whole amount of the warrant is void.

[1:91:1865; A 1881, 110; 1911, 34; 1913, 12; 1919 RL 895; NCL 1282] + [2:91:1865; B 3120; BH 2071; C 2221; RL 896; NCL 1283] + [3:91:1865; B 3121; BH 2072; C 2222; RL 897; NCL 1284] +[4:91:1865; B 3122; BH 2073; C 2223; RL 898; NCL 1285] + [5:91:1865;B 3123; BH 2074; C 2224; RL 899; NCL 1286] + [6:91:1865; B 3124; BH 2075; C 2225; RL 900; NCL 1287] + [7:91:1865; B 3125; BH 2076; C 2226; RL 901; NCL 1288](NRS A 1967, 1732; 1983, 124)

NRS 269.260 Exofficio fire wardens: Appointment; duties.

1. The policemen appointed under the provisions of NRS 269.240 are ex officio fire wardens ofthe unincorporated towns for which they are acting as policemen.

2. The fire wardens shall:

(a) In the daytime, examine all houses, buildings orsuperstructures within the town where they are acting as fire wardens andpolicemen, and ascertain from personal examination the condition of all thechimneys, stovepipes, stoves, flues, ranges, grates, furnaces or otherarticles, or anything used in the houses, buildings or superstructures in whichto hold fire or to conduct the smoke from any fire.

(b) When any of the articles or fixtures mentioned inparagraph (a) are found to be so defective in make or material, or so situatedas to endanger any of the property of the town, or the property of any of the inhabitantsthereof, to loss from fire by or on account of any of the defects, notify inwriting the owner or occupant of the house, building or superstructure wheresuch defective chimney, flue, stovepipe or other article is situated to repairit, so as to prevent danger from fire to the property in the town.

(c) Direct the manner in which the repairs required bythe provisions of paragraph (b) must be made.

(d) Under the direction of the chief engineer of thefire department, where there is one, and where there is no chief engineer of afire department in a town, then under the direction of the town board or boardof county commissioners, examine streets, alleys, outlots and the surroundingof houses and buildings in the town where they are acting as fire wardens, anddirect the removal, by the owner of the premises, of any inflammable matter ormaterial found thereon.

(e) Generally, perform such duties as directed by thetown board or board of county commissioners or the chief of the fire departmentin the town, to protect fully the property of the town from loss byconflagration.

[Part 1:56:1875; BH 2155; C 2277; RL 903; NCL 1290] + [2:56:1875; BH 2156; C 2278; RL 904; NCL 1291](NRS A 1967,1733; 1983, 125)

NRS 269.265 Failureto repair defective fixture: Penalty. Anyperson, after being notified by a fire warden to repair any defective chimney,flue, furnace, range, oven, stovepipe or fixture therewith connected so as toprevent it from endangering the property of the town from destruction or lossby fire, who neglects or refuses, for a longer time than 24 hours after noticein writing to repair it, to comply with the order and direction of the firewarden, and fails or refuses to make the required repairs, shall be fined inany sum not more than $500.

[3:56:1875; BH 2157; C 2279; RL 905; NCL 1292](NRS A 1967, 545; 1983, 125)

NRS 269.270 Failureto remove dangerous or inflammable material: Penalty; expenses of removal.

1. After receiving written notice from the fire wardenordering the removal of any dangerous or inflammable material from the limitsof the town, any owner, occupant or agent in control of the premises where thedangerous or inflammable material is situated who has failed to comply or toremove such matter within 48 hours after receipt of such order shall be finednot more than $500.

2. The court shall then issue an order for the removalof the dangerous or inflammable material, and if the owner, occupant or agentin control of the premises fails to remove such material within 24 hours afterreceipt of the court order, the fire warden shall remove such material at theexpense of the person against whom the court order was issued.

[4:56:1875; BH 2158; C 2280; RL 906; NCL 1293](NRS A 1967, 546; 1983, 126)

GENERAL OBLIGATION BONDS FOR PUBLIC IMPROVEMENTS ANDFACILITIES

NRS 269.400 Towndefined. As used in NRS 269.400 to 269.470, inclusive, town means anunincorporated town in the State of Nevada having a population of less than7,500.

(Added to NRS by 1963, 1161; A 1967, 1734; 1969,1581; 1979, 528)

NRS 269.405 Powersof board to make public improvements. The townboard or board of county commissioners shall have the power, in addition toother powers conferred upon such boards by this chapter or otherwise:

1. To lay out, extend, change the grade, open andalter the highways, streets and alleys within the town.

2. To require and provide for the macadamizing,oiling, curbing, graveling, grading and regrading, paving, draining, cleaningand repairing, lighting, surfacing and resurfacing, and widening of anyhighway, street or alley, or in any way whatsoever to improve the same.

3. To provide for the purchase, construction,improvement, maintenance and preservation of town parks, swimming pools, tenniscourts, public buildings, structures and facilities for recreation andentertainment purposes, and the purchase of sites for all such purposes.

4. To provide for construction, repair, maintenanceand preservation of sidewalks, crossings, bridges, drains, undergroundirrigation pipes, water mains, curbs, gutters and storm sewers.

5. To provide for the purchase, construction, repair,maintenance and preservation of sanitary sewage facilities, sanitary sewersystems and water systems, and the purchase of sites therefor.

6. To provide for the maintenance, repair, alteration,improvement, construction and preservation of all town buildings and propertynot herein mentioned.

7. To make any other public improvement of any nature,including the purchase and construction of such buildings, structures, edificesand facilities as the town board may deem appropriate.

(Added to NRS by 1963, 1161; A 1967, 1734)

NRS 269.410 Issuanceof general and special obligations. For anysuch purpose, the town board or the board of county commissioners, at any timeor from time to time, in the name and on the behalf of the town, may issue:

1. General obligations, payable from taxes;

2. General obligations, payable from taxes, whichpayment is additionally secured by a pledge of gross or net revenues derivedfrom the operation of such capital improvements, and, if so determined by thetown board or the board of county commissioners, further secured by a pledge ofsuch other gross or net revenues as may be derived from any otherincome-producing project of the town or from any license or other excise taxeslevied by the town for revenue, as may be legally made available for theirpayment; and

3. Special obligations.

(Added to NRS by 1963, 1162; A 1967, 1734; 1969,1582; 1981, 955)

NRS 269.415 Applicabilityof Local Government Securities Law. Subject tothe provisions of NRS 269.410, for anyimprovements authorized by NRS 269.405,the town board or the board of county commissioners may, on the behalf and inthe name of the town, borrow money, otherwise become obligated, and evidenceobligations by the issuance of bonds and other town securities, and in connectionwith the undertaking or improvements, the board may otherwise proceed asprovided in the Local Government Securities Law.

(Added to NRS by 1963, 1162; A 1967, 1735; 1969,1582; 1985, 267)

NRS 269.420 Fees,rates and charges: Establishment, maintenance and revision of schedules. In order to insure the payment of the general obligationbonds of the town, the payment of which is additionally secured by a pledge ofrevenues of such improvements, of any such other income-producing project andof any such excise taxes, as provided in NRS269.410, or other such additionally secured general obligation securitiesof the town, the board may establish and maintain, and from time to timerevise, a schedule or schedules of fees, rates and charges for services,facilities and commodities rendered by or through such improvements and anysuch other income-producing project and a schedule or schedules of any suchexcise taxes, as the case may be, in an amount sufficient for that purpose andalso sufficient to discharge any covenant in the proceedings authorizing theissuance of any of the bonds or other securities, including any covenant forthe establishment of reasonable reserve funds.

(Added to NRS by 1963, 1162; A 1967, 225; 1969, 1583)

NRS 269.425 Townsdebt limit. No town shall ever become indebtedfor any town improvements under the provisions of NRS 269.400 to 269.470, inclusive, or otherwise, by theissuance of such general obligation bonds and other general obligationsecurities (other than any notes or warrants maturing within 1 year from therespective dates of their issuance), but excluding any outstanding revenuebonds, special assessment bonds, or other special obligation securities,excluding any such outstanding general obligation notes and warrants, andexcluding any outstanding indebtedness not evidenced by bonds or othersecurities, exceeding 25 percent of the total last assessed valuation of thetaxable property of the town.

(Added to NRS by 1963, 1162; A 1967, 1735; 1969,1583)

NRS 269.470 Authorityto issue general obligation bonds and securities independent and complete. The authority to issue general obligation bonds and othergeneral obligation securities conferred by the provisions of NRS 269.400 to 269.470, inclusive, shall be deemed to beindependent and complete, and such securities may be issued thereunder withoutregard to other provisions or sections of this chapter or Nevada RevisedStatutes concerning the issuance of bonds or other securities except asotherwise provided in NRS 269.400 to 269.470, inclusive.

(Added to NRS by 1963, 1164; A 1969, 1583)

ALTERNATIVE PROVISIONS FOR FORMATION OF TOWNS IN CERTAINCOUNTIES (UNINCORPORATED TOWN GOVERNMENT LAW)

General Provisions

NRS 269.500 Shorttitle. NRS269.500 to 269.625, inclusive, maybe cited as the Unincorporated Town Government Law.

(Added to NRS by 1975, 1345; A 1977, 579; 1995, 2178;2001, 1688)

NRS 269.505 Definitions. Whenever used in NRS269.500 to 269.625, inclusive,unless a different meaning clearly appears from the context, the followingwords and terms defined in NRS 269.510, 269.515 and 269.520 have the meanings ascribed to themin those sections.

(Added to NRS by 1975, 1345; A 1977, 579; 1985, 2253)

NRS 269.510 Boarddefined. Board means the board of county commissioners.

(Added to NRS by 1975, 1345)

NRS 269.515 Townadvisory board defined. Town advisory boardmeans the board created pursuant to the provisions of the Unincorporated TownGovernment Law to assist the board of county commissioners in the government ofan unincorporated town.

(Added to NRS by 1975, 1345)

NRS 269.520 Unincorporatedtown defined. Unincorporated town or townmeans a specific unincorporated area within a county in which one or moregovernmental services are provided by the county in addition to those servicesprovided in the general unincorporated area of the county, for which theresidents of such area pay through ad valorem taxes or for which other revenueis secured from within the area.

(Added to NRS by 1975, 1345)

NRS 269.525 Legislativefindings and declaration.

1. It is hereby found and declared that there is a needfor special government services in certain unincorporated areas of counties.

2. It is further found and declared that such servicesheretofore have been provided under varying interpretations of law, leading towidespread disparity in the recognition of the role of town government.

3. It is further found and declared thatunincorporated town government is an adjunct of county government.

4. It is further found and declared that the residentsof such areas have considerable interest in representative and participatorygovernment for such areas and should be provided a role whereby they may assistthe board of county commissioners in the management of government as it relatesto such towns.

5. Finally, the purposes of the Unincorporated TownGovernment Law are to provide for the formation of unincorporated towns andtheir government according to a uniform plan within the framework of countyadministration of the unincorporated area.

(Added to NRS by 1975, 1345)

NRS 269.530 Applicabilityof Unincorporated Town Government Law. Theprovisions of the Unincorporated Town Government Law apply:

1. To each unincorporated town in any county having apopulation of 100,000 or more.

2. To each unincorporated town in any other county,upon the passage of an ordinance adopting the Unincorporated Town GovernmentLaw by the board of county commissioners.

(Added to NRS by 1975, 1346; A 1977, 1003; 1979, 528;1983, 1662)

Formation of Unincorporated Towns

NRS 269.535 Methods. An unincorporated town may be formed by means of aninitiative petition of the residents of any specified unincorporated areawithin a county or by resolution of a board of county commissioners, pursuantto the procedure established by the Unincorporated Town Government Law.

(Added to NRS by 1975, 1346)

NRS 269.540 Initiativepetition: Use; procedure; number of signatures required.

1. If the initiative petition method is followed, theprocedures established by NRS 295.085 to295.125, inclusive, for the adoption ofcounty ordinances by initiative petition shall be followed, subject to thecriteria set forth in NRS 269.545 andprovided the petitions are signed by a number of registered voters of the areaequal to 51 percent or more of the number of voters in such area who voted atthe last preceding general election in the county, determined as nearly as ispracticable from the voting records of the whole number of precincts withinsuch area.

2. If the petitioners committee desires to place thequestion of formation on the ballot, without reference to the board of countycommissioners, the initiative petition shall be signed by a number of voters ofthe area equal to 10 percent or more of the number of voters in such area whovoted at the last preceding general election in the county, determined asprovided in subsection 1.

(Added to NRS by 1975, 1346)

NRS 269.545 Initiativepetition: Contents.

1. The initiative petition presented to the board orthe question placed on the ballot, as provided in NRS 269.540, must contain a statementsubstantially as follows:

 

The undersigned declare theirpurpose to be the support of the concept of unincorporated town government,that they desire hereby to make provision for the supplying of one or more ofthe town services enumerated in NRS 269.575and that they acknowledge the fact that the supplying of such service orservices will require a special tax levy, the establishment of a user feeschedule or a combination of both.

 

2. The boundaries of such area sought to be broughtwithin an unincorporated town area must be clearly designated and declared. Thearea encompassed must be contiguous.

3. The petition shall state whether the town advisoryboard is to be composed of three members or five members.

(Added to NRS by 1975, 1346; A 1979, 1167)

NRS 269.550 Procedurefollowing presentation of petition: Adoption of ordinance; submission ofquestion to voters.

1. If the petition presented to the board contains therequisite number of signatures pursuant to subsection 1 of NRS 269.540 and otherwise meets therequirements provided in NRS 269.545,the board may, by ordinance, proceed with the formation of the unincorporatedtown. The ordinance must contain a clear designation of the boundaries, alisting of services to be provided and the number of members to be on the townadvisory board.

2. If the petition presented to the board contains therequisite number of signatures pursuant to subsection 2 of NRS 269.540, the board may, by resolutionadopted at a regular meeting, provide for submission of the question of theformation of an unincorporated town to the registered voters residing withinthe boundaries of the area proposed for that town at the next succeedingprimary or general election. As a part of the question there must be includedthe statement that an affirmative vote carries with it the assent to be taxedfor the service or services indicated in the boards resolution.

(Added to NRS by 1975, 1347; A 1979, 1167; 1993,1045)

NRS 269.555 Formationof town by action of board; submission of question to voters. Except as otherwise provided in NRS 269.563, the board may, by resolutionadopted at a regular meeting, provide for submission of the question of the formationof an unincorporated town to the registered voters residing within theboundaries of the area proposed for the town at the next succeeding primary orgeneral election. As a part of the question there must be included thestatement that the affirmative vote carries with it the assent to be taxed forthe service indicated in the boards resolution.

(Added to NRS by 1975, 1347; A 1993, 1046; 1995,2178)

NRS 269.560 Votersapproval; adoption of ordinance. If a majorityof the registered voters residing within the boundaries of the proposedunincorporated town and voting on the question in the primary or generalelection as provided in subsection 2 of NRS269.550 or in NRS 269.555 approvethe question, the board shall by ordinance proceed with the formation of theunincorporated town. The ordinance must contain a clear designation of theboundaries, a listing of the services to be provided and the number of membersto be on the town advisory board.

(Added to NRS by 1975, 1347; A 1979, 1167; 1993,1046)

NRS 269.563 Formationof town in area that contains no residents in county whose population is400,000 or more.

1. The board of county commissioners of a county whosepopulation is 400,000 or more may provide by ordinance for the formation of anunincorporated town in an area that contains no residents if all of the ownersof land within the boundaries of the proposed unincorporated town so request inwriting. The written request of the owners must include the statement that theowners consent to be taxed for the services to be listed in the ordinance. Ifany owner withdraws his consent before adoption of the ordinance creating theunincorporated town, his property must be excluded in fixing the boundaries ofthe town.

2. The ordinance must contain clear designation of theboundaries of the unincorporated town and the boundaries of any area which maybe annexed into the unincorporated town, a listing of services to be provided,the number of members to serve on the town advisory board and the conditionsthat must be satisfied before appointment of the first town advisory board.These conditions may include, without limitation, the number of residents, thelevel of services being provided and the extent of improvements in place.

(Added to NRS by 1995, 2177)

NRS 269.565 Formationof town when certain services required by law.

1. The boards of county commissioners of the variouscounties in this state may enact ordinances to provide for and regulate theformation of unincorporated towns if specific unincorporated county areas aredirected by federal or state law to administer one or more of the servicesenumerated in subsection 2.

2. The services to be provided include but are notlimited to solid waste disposal and compliance with federal water or airquality standards.

3. Any such ordinance must contain a clear designationof the boundaries of the unincorporated town, a listing of services to beprovided and the number of members to be on the town advisory board.

(Added to NRS by 1975, 1347; A 1979, 1168)

NRS 269.570 Amendmentof ordinance to adjust list of services. Theboard of county commissioners may amend any ordinance providing for the formationof an unincorporated town to adjust the list of services to be provided.

(Added to NRS by 1975, 1348; A 1977, 580; 1979, 1168)

Services

NRS 269.575 Townservices.

1. Town services, any one of which or any combinationof which may be supplied to the residents of a particular unincorporated towninclude, but need not be limited to:

(a) Cemetery;

(b) Dump stations and sites;

(c) Fire protection;

(d) Flood control and drainage;

(e) Garbage collection;

(f) Police;

(g) Parks;

(h) Recreation;

(i) Sewage collection;

(j) Streets;

(k) Street lights;

(l) Swimming pools;

(m) Television translator;

(n) Water distribution; and

(o) Acquisition, maintenance and improvement of townproperty.

2. Each unincorporated town is limited to that serviceor those services whose supply provided the basis for the formation of thetown, as adjusted from time to time pursuant to NRS 269.570.

(Added to NRS by 1975, 1347; A 1977, 1003; 1985,2254)

NRS 269.5755 Levyof taxes for common service provided to contiguous towns; rate.

1. The board of county commissioners of a county whichhas two or more unincorporated towns which:

(a) Were formed pursuant to the provisions of NRS 269.500 to 269.625, inclusive;

(b) Provide a common service; and

(c) Are contiguous,

may byresolution levy a common rate of taxes ad valorem for those unincorporatedtowns for the common service.

2. In the resolution the board must:

(a) Identify the unincorporated towns to which thecommon rate applies; and

(b) State the service common to those unincorporatedtowns for which the common rate is imposed.

3. If the towns provide more than one common service,the common rate must include all the common service. A separate rate may belevied for a capital improvement in any town, or for a service provided only inthe town where that rate is levied.

(Added to NRS by 1985, 2253)

Town Advisory Boards

NRS 269.576 Countywhose population is 400,000 or more: Appointment or election; terms; chairman;removal; notice of expiration of term or vacancy; duties; compensation.

1. Except as appointment may be deferred pursuant to NRS 269.563, the board of countycommissioners of any county whose population is 400,000 or more shall, in eachordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

(a) Appointment by the board of county commissioners orthe election by the registered voters of the unincorporated town of three orfive qualified electors who are residents of the unincorporated town to serveas the town advisory board. If the ordinance provides for appointment by theboard of county commissioners, in making such appointments, the board of countycommissioners shall consider:

(1) The results of any poll conducted by thetown advisory board; and

(2) Any application submitted to the board ofcounty commissioners by persons who desire to be appointed to the town advisoryboard in response to an announcement made by the town advisory board.

(b) A term of 2 years for members of the town advisoryboard.

(c) Election of a chairman from among the members ofthe town advisory board for a term of 2 years, and, if a vacancy occurs in thechairmanship, for the election of a chairman from among the members for theremainder of the unexpired term. The ordinance must also provide that achairman is not eligible to succeed himself for a term of office as chairman.

2. The members of a town advisory board serve at thepleasure of the board of county commissioners. If a member is removed, theboard of county commissioners shall appoint a new member to serve out theremainder of the unexpired term of the member who was removed.

3. The board of county commissioners shall providenotice of the expiration of the term of a member of and any vacancy on a townadvisory board to the residents of the unincorporated town by mail, newsletteror newspaper at least 30 days before the expiration of the term or filling thevacancy.

4. The duties of the town advisory board are to:

(a) Assist the board of county commissioners ingoverning the unincorporated town by acting as liaison between the residents ofthe town and the board of county commissioners; and

(b) Advise the board of county commissioners on mattersof importance to the unincorporated town and its residents.

5. The board of county commissioners may provide byordinance for compensation for the members of the town advisory board.

(Added to NRS by 1983, 1128; A 1989, 1914; 1995,2178; 2001, 1688;2003, 1509)

NRS 269.577 Countywhose population is less than 400,000: Appointment or election of members;removal; compensation; duties.

1. The board of county commissioners of any countywhose population is less than 400,000 shall, in each ordinance whichestablishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

(a) The appointment by the board of countycommissioners or the election by the people of three or five qualified electorswho are residents of the unincorporated town to serve as the town advisoryboard.

(b) The removal of a member of the town advisory boardif the board of county commissioners finds that his removal is in the bestinterest of the residents of the unincorporated town, and for appointment of amember to serve the unexpired term of the member so removed.

2. The board of county commissioners may provide byordinance for compensation for the members of the town advisory board.

3. The duties of the town advisory board are to:

(a) Assist the board of county commissioners ingoverning the unincorporated town by acting as liaison between the residents ofthe town and the board of county commissioners; and

(b) Advise the board of county commissioners on mattersof importance to the unincorporated town and its residents.

(Added to NRS by 1979, 1166; A 1981, 1784; 1983,1127; 1989, 1915)

NRS 269.578 Countywhose population is less than 400,000: Terms of members.

1. The board of county commissioners of any countywhose population is less than 400,000 shall appoint members for an appointivetown advisory board which is created after June 30, 1983, to initial terms asfollows:

(a) For a three-member board:

(1) One member for a term of no more than 1year; and

(2) Two members for terms of more than 1 yearbut no more than 2 years.

Each termmust end on the first Monday in January of the appropriate year.

(b) For a five-member board:

(1) Two members for terms of no more than 1year; and

(2) Three members for terms of more than 1 yearbut no more than 2 years.

Each termmust end on the first Monday in January of the appropriate year.

2. As the initial terms expire, the board of countycommissioners shall appoint members for terms of 2 years thereafter.

3. If the town board is made elective after June 30,1983, the ordinance creating it must provide for the division of the firstelected board by lot into two classes whose terms will correspond to thoseprovided in subsection 1.

(Added to NRS by 1983, 1128; A 1989, 1915)

NRS 269.579 Mandatorytraining for members. Each member of a townadvisory board shall, at least once during the first year of his initial termof office and at least once during every subsequent year that he serves inoffice, attend training relating to:

1. State statutes and regulations and localordinances, resolutions and regulations concerning land use planning,development and any other subject matter that the board of county commissionersdeems necessary; and

2. The provisions of chapter241 of NRS.

(Added to NRS by 2001, 1688)

NRS 269.580 Managementof designated services. The board of countycommissioners of any county may, by resolution adopted at a regular meeting, designateany one or more of the services enumerated in NRS269.575 as properly within the power of a town advisory board to manage.

(Added to NRS by 1975, 1348)

NRS 269.585 Noticeand information to be provided to town advisory board.The board of county commissioners shall consult with each town advisoryboard on matters relating to such town and shall give advance notice to thetown advisory board concerning items relating to that town which will be on theboards agenda. The board shall notify town advisory boards of special projectsor improvements pending and relating to such town and shall provide informationthereon. Such information shall cover but shall not be limited to commencementdates, completion dates and the scope of the work to be performed or the extentof the services to be supplied.

(Added to NRS by 1975, 1348)

NRS 269.590 Participationin budget and ordinances for town.

1. The board shall:

(a) Solicit the advice of the town advisory board inthe preparation of the tentative budget for the town affected.

(b) Allow towns to recommend their own ordinances andcodes. If the subject matter covered is the subject of an existing countyordinance, the town ordinance may not be less stringent than the countyordinance.

2. The board may allow town advisory boards to controlany expenditures which are a part of a county-approved budget.

(Added to NRS by 1975, 1348)

NRS 269.595 Controlof unappropriated money. Any nonappropriatedfunds available for town purposes may be expended at the discretion of the townadvisory board.

(Added to NRS by 1975, 1349)

NRS 269.600 Bylawsfor internal governance. Each town advisoryboard shall establish bylaws for town meetings and other matters of internalgovernance.

(Added to NRS by 1975, 1349)

Ordinances

NRS 269.605 Availability. Copies of the ordinances of an unincorporated town shallbe available from the chairman of the town advisory board or from the countyclerk.

(Added to NRS by 1975, 1349)

NRS 269.610 Codification;publication.

1. By agreement of the town advisory boards affected,two or more unincorporated towns may join in a single codification of theirrespective town ordinances.

2. Publications of town codes by title only isrecognized as sufficient for all purposes.

(Added to NRS by 1975, 1348)

Miscellaneous Provisions

NRS 269.615 Audits. Audits of the records of unincorporated towns shall beconducted as part of the county audit.

(Added to NRS by 1975, 1349)

NRS 269.617 Powersrelating to planning, subdivision regulation and zoning subordinate in regionfor which Red Rock Canyon Conservation Area and Adjacent Lands Act establisheslimits upon development. In the region of thisstate for which the Red Rock Canyon Conservation Area and Adjacent Lands Actestablishes limits upon development, the powers conferred by this chapter whichrelate to planning, subdivision regulation and zoning are subordinate to thoselimits.

(Added to NRS by 2003, 596)

NRS 269.620 Property. Any property belonging to an unincorporated town on July1, 1975, shall continue to be the property of such town as long as it exists asan unincorporated town unless, upon recommendation of the town advisory board,the board of county commissioners provides by ordinance for the disposition ofthe property.

(Added to NRS by 1975, 1349)

NRS 269.623 Alterationof boundaries; merger of towns. The board ofcounty commissioners in any county to which the Unincorporated Town GovernmentLaw applies may adopt ordinances to:

1. Amend the boundaries of any unincorporated town; or

2. Upon request of the respective town boards, mergetwo or more unincorporated towns.

Suchordinances may be adopted whether or not the unincorporated town was createdunder the provisions of the Unincorporated Town Government Law.

(Added to NRS by 1977, 579; A 1979, 1168)

NRS 269.625 Dissolution. An unincorporated town operating pursuant to theprovisions of the Unincorporated Town Government Law may be dissolved byresolution of the board of county commissioners following a public hearing atwhich residents of the town are given an opportunity to speak. The resolutionmust specify the reasons for the dissolution.

(Added to NRS by 1975, 1349; A 1979, 1168)

ANNEXATION

NRS 269.650 Annexationby town whose population is less than 25,000 in county whose population is lessthan 400,000. In a county whose population isless than 400,000, those areas, including subdivisions, which are adjacent orcontiguous to an unincorporated town whose population is less than 25,000, andwhich require substantially all of the services described in NRS 269.575, may be annexed by theunincorporated town by ordinance adopted by the town board or the board ofcounty commissioners. The ordinance must contain a provision requiring that thetown boundary be surveyed, mapped, platted and so enlarged as to include thearea to be annexed. Upon filing of the plat or map of the town, including thearea annexed, it constitutes the legal boundary of the town.

(Added to NRS by 1979, 279; A 1979, 1333; 1989, 1916)

NRS 269.652 Commencementof proceedings to initiate annexation. Proceedingsto initiate any annexation authorized by NRS269.650 may be commenced by:

1. Petition of a majority of the taxpayers residing inthe area to be annexed;

2. Recommendation of the county planning commission;

3. Resolution of the town board or the board of countycommissioners,

or by anycombination thereof.

(Added to NRS by 1979, 279; A 1985, 710)

 

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