USA Statutes : nevada
Title : Title 21 - CITIES AND TOWNS
Chapter : CHAPTER 269 - UNINCORPORATED TOWNS
1. In the case of any disincorporated town or city, or any town
formed by the board of county commissioners, all the provisions of this
chapter immediately apply thereto.
2. Except as otherwise provided in subsection 1, in a county whose
population is less than 400,000 which has not adopted the Unincorporated
Town Government Law, none of the powers or jurisdiction in this chapter
authorized or required may be exercised in any town or city until there
has been filed in the office of the county clerk a written petition for
the application of the provisions of this chapter to the town or city,
signed by a majority of the actual residents thereof, representing at
least three-fifths of its taxable property. When a petition is filed, the
genuineness of its signatures and the qualification of its subscribers
must be established by the affidavits 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 county commissioners constitute the governing
body of all unincorporated towns within their respective counties.
[16:48:1881; A 1887, 117; C § 2189; RL § 892; NCL § 1246]—(NRS A
1973, 800; 1995, 2178)
016 to 269.022 ,
inclusive, and 269.024 to 269.0248
, inclusive. The provisions of NRS
269.016 to 269.022 , inclusive, and 269.024 to 269.0248 , inclusive, apply to each unincorporated town
in a county having a population of less than 100,000 which has not
elected to accept the provisions of the Unincorporated Town Government
Law.
(Added to NRS by 1977, 1003; A 1979, 527; 1983, 1661)
BOUNDARIES
1. When any city is disincorporated, the board of county
commissioners shall at the time of such disincorporation fix the
boundaries of the unincorporated town created therefrom, if one is
created pursuant to this chapter.
2. If all or any part of an unincorporated town is annexed by any
incorporated city, the territory so annexed shall be automatically
detached from such unincorporated town at the time of such annexation,
and the boundaries of such unincorporated town shall be contracted
accordingly, without further action of the board of county commissioners.
(Added to NRS by 1967, 1610)
NAME; SEAL
It is unlawful for any political subdivision of the State of Nevada to
adopt as its official name a name previously officially adopted by any
town in this state.
(Added to NRS by 1959, 621)
An unincorporated town in this state shall have
a common seal and may change the seal at pleasure.
(Added to NRS by 1963, 1165; A 1985, 262)
TOWN BOARD FORM OF GOVERNMENT
A town board
form of government, for the purpose of governing such town in accordance
with the powers specified in this chapter, may be established for any
unincorporated town in the State of Nevada. The town board form of
government must be adopted in the manner provided in NRS 269.0165 or 269.017
to 269.019 , inclusive.
(Added to NRS by 1967, 1723; A 1968, 66; 2003, 1664 )
1. A town board form of government may be adopted by means of
initiative petition of the residents of the town.
2. The procedures established by NRS 295.085 to 295.125 ,
inclusive, for the adoption of county ordinances by initiative petition
must be followed by the residents and each document of the petition must
set forth briefly the proposal to establish a town board form of
government. The election required to be held if the proposal is not
adopted by the board of county commissioners must be held not less than
30 days nor more than 60 days after the date of the final board vote
thereon.
3. Members of the town board must be appointed and elected as
provided in:
(a) NRS 269.017 , if the proposal
to adopt the town board form of government is approved by the board 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)
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 a resident of the area
for which it is proposed to establish a town board form of government for
at least 30 days prior to such election.
(Added to NRS by 1968, 67)
1. If the board of county commissioners determines that the best
interests of an unincorporated town would be served by adoption of a town
board form of government it shall establish a town board for the town by
appointing five persons who are residents and qualified electors in the
town to serve as members of the town board until successors can be
elected at the next general election.
2. At the next general election five persons who are residents and
qualified electors in the town must be elected by the registered voters
of the town to serve as members of the town board.
(Added to NRS by 1967, 1723; A 1977, 201; 1985, 692)
1. If the establishment of a town board form of government is
proposed by initiative petition, and the proposal is submitted to the
electors, the prospective members of the town board must be elected at
the same general election in which the proposal is submitted to the
electors.
2. Any person who is a resident, is a qualified elector and
desires to become a candidate for the position of member of a town board
must, within the time specified by subsection 3, file in the office of
the county clerk a notice of his intention to become a candidate. The
notice of intention must show that the person possesses the
qualifications required by this section. Each person filing the notice of
intention as required by this section is entitled to have his name placed
on the official ballot.
3. The notice of intention required by subsection 2 must be filed
not later than 5 p.m. on the second Tuesday in May of the year in which
the election is held.
4. If the proposal to establish a town board form of government is
approved at the election, members of the town board elected pursuant to
this section serve as members until the next general election.
(Added to NRS by 1969, 1116; A 1993, 30, 1045)
1. Except as otherwise provided in subsection 2, the term of
office of a member of the town board is 4 years and begins on the first
Monday in January following the general election at which he is chosen.
2. The initial members of the board elected at a general election
shall, at the first meeting of the board after their election and
qualification, draw lots to determine which members serve terms of 2
years and which serve terms of 4 years. The drawing must result in, as
nearly as possible, the election of half of the members of the board at
each subsequent election.
(Added to NRS by 1967, 1723; A 1985, 2311; 1989, 2174; 1991, 467)
1. The town board shall choose one of its members to act as
chairman of the town board and one member to act as town clerk. A deputy
town 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 be performed 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 the clerk of
the board of county commissioners as soon as feasible after such meeting.
(Added to NRS by 1967, 1723)
If at 5 p.m. on
the last day for filing a notice of intention of candidacy for the
position of member of a town board, there is only one candidate who has
filed a notice of intention for the position, that candidate must be
declared elected and no election may be held for that position.
(Added to NRS by 2003, 1663 )
Any
ordinance adopted or action taken by a town board shall not take effect
or become final until the expiration of 30 days after the ordinance was
adopted or the action was taken.
(Added to NRS by 1967, 1723; A 1969, 1116; 1971, 227)
If
the board of county commissioners determines that the best interests of
the town are no longer served by a town board form of government, it may
order the question to be put on the ballot at the next general election.
If the majority of persons voting favor discontinuance of the town board
form of government, the town board shall cease to function at the end of
the terms of office of the incumbent members of the town board, and the
government of the town and all of its assets and liabilities shall revert
to the board of county commissioners.
(Added to NRS by 1967, 1724)
CITIZENS’ ADVISORY COUNCIL
If the
board of county commissioners determines that the best interest of an
unincorporated town of which such board constitutes the governing body
would best be served by the appointment of a citizens’ advisory council
to act in an advisory and liaison capacity with respect to governing the
affairs of such town it shall enact an ordinance creating such advisory
council, designating its powers and duties and providing the
qualifications of the members thereof.
(Added to NRS by 1973, 799)
Any ordinance enacted pursuant to NRS 269.024 must include provisions in substance as
follows:
1. The citizens’ advisory council must consist of not fewer than
three nor more than five members.
2. Each member of the advisory council must be a resident and
qualified elector in the town.
3. The members of the advisory council must be appointed by the
board of county commissioners from a list of a number of qualified
persons, equal in number to the number of positions on the advisory
council which are to be filled, elected at an informal election. Notice
of the election must be posted in accordance with NRS 241.020 . The election must be held in the town in
November of the year of the general election.
4. The list of names of the persons elected must be presented to
the board of county commissioners at their first meeting in December of
the year of the general election. The persons appointed to the advisory
council shall serve their respective terms at the pleasure of the board.
5. The members of the advisory council first appointed by the
board of county commissioners shall serve until the 1st Monday in January
following the next general election, and thereafter the terms of office
of the members of the advisory council are for 2 years and begin on the
1st Monday in January following each general election.
6. The advisory council shall assist the board of county
commissioners in governing the town by acting as liaison between the
residents of the town and the board. The advisory council and the board
shall cooperate to inform each other of all matters of interest to the
town and its residents. The advisory council shall not expend or contract
any town money for any purpose.
7. The members of the advisory council shall serve without
compensation.
(Added to NRS by 1973, 799; A 1977, 201; 1981, 400)
The
advisory council shall elect such officers from within its membership,
fix such time and place of meetings, adopt such rules of procedure and
keep such records all as in its sole discretion it shall determine
consistently with the purposes of NRS 269.024 to 269.0248 , inclusive.
(Added to NRS by 1973, 799)
It is the intent of NRS 269.024 to 269.0248 , inclusive, that the existence and activities
of the advisory council shall in no way diminish the responsibility of
the board of county commissioners in its capacity as the governing body
of the town and in performing its duties as such, but that it shall bring
to bear on the problems of the town the knowledge of a representative
group of residents thereof.
(Added to NRS by 1973, 799)
Citizens’ advisory councils for two or more towns may be
created by one ordinance, and the initial ordinance may from time to time
be amended to create citizens’ advisory councils for additional towns, if
the board of county commissioners determines that all of such towns shall
be governed by the same ordinance.
(Added to NRS by 1973, 800)
OFFICERS AND EMPLOYEES
1. The town board or board of county commissioners of any county
in this state having jurisdiction of the affairs of any town or city, as
in this chapter provided, shall hold a regular meeting in the town
offices or in the courthouse at the county seat at least once in each
month, on a day previously fixed by the board, for the purpose of
transacting the business provided for in this chapter, and shall continue
in session from day to day until such business is completed.
2. The town board or board of county commissioners may also hold
special meetings upon a call of the chairman of the board, or a majority
of the members thereof.
3. A majority of the town board or board of county commissioners
constitutes a quorum. An affirmative vote of the majority of the whole
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 )
The county clerk in each of
the counties of this state shall:
1. Perform the duties required or authorized to be performed by
him, under and by virtue of the provisions of this chapter.
2. Be held liable on his official bond for the faithful
performance of such duties.
3. Be ex officio clerk of the board of county commissioners in the
execution of the provisions of this chapter.
4. Keep a record of the proceedings of the board of county
commissioners thereabout in books not used for other purposes.
[Part 14:48:1881; BH § 2037; C § 2187; RL § 890; NCL § 1244]
The county treasurer in
each of the counties of this state shall:
1. Perform the duties required or authorized to be performed by
him, under and by virtue of the provisions of this chapter.
2. Be held liable on his official bond for the faithful
performance of such duties.
3. Pay any fee by him received, by virtue of any law or ordinance,
into the treasury, to be apportioned to the fund of the town or city from
which collected.
[13:48:1881; BH § 2036; C § 2186; RL § 889; NCL § 1243]
1. The district attorney, county auditor, county assessor, and all
other county officials, not specially exempted therefrom, in each of the
counties of this state, shall perform the duties required or authorized
to be performed by him and them, under and by virtue of the provisions of
this chapter, and shall be held liable on his or their official bond or
bonds for the faithful performance thereof.
2. All such officers shall pay all fees or moneys by them
received, under any law or ordinance touching the provisions of this
chapter, in the time and manner as provided by general law, to the county
treasurer of their respective counties, to be by him distributed to the
fund of the proper town or city.
3. No officer performing any duty under this chapter, excepting
officers and employees of any fire department or company, or peace
officer thereunder authorized, shall demand or receive any compensation
therefor.
[Part 14:48:1881; BH § 2037; C § 2187; RL § 890; NCL § 1244]
The provisions of the Nevada Ethics in Government
Law (NRS 281.411 to 281.581 , inclusive) do not prohibit any town 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 such
warrants 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)
1. It is unlawful for any member of a town board or board of
county commissioners acting for any town to become a contractor under any
contract or order for supplies or any other kind of contract authorized
by or for the board of which he is a member, or to be interested,
directly or indirectly, as principal, in any kind of contract so
authorized.
2. Any person violating subsection 1 is guilty of a gross
misdemeanor and shall forfeit his office.
(Added to NRS by 1977, 1111)
1. It is unlawful for any town officer, directly or indirectly, to
be interested in any contract made by him, or be a purchaser or be
interested in any purchase under a sale made by him in the discharge of
his official duties.
2. Any person violating subsection 1 is guilty of a gross
misdemeanor and shall forfeit his office.
(Added to NRS by 1977, 1111)
Any contract made in
violation of NRS 269.071 or 269.072
may be declared void at the instance of
the town or any person interested in the contract except an officer
prohibited from making or being interested in the contract.
(Added to NRS by 1977, 1111)
The
several town treasurers of the State shall refuse to redeem any warrants,
scrip, orders or other evidences of indebtedness against the town
whenever it shall come to their knowledge that such warrants, scrip or
other evidences of indebtedness have been purchased, sold, received or
transferred in violation of law.
[Part 98:108:1866; B § 2696; BH § 1733; C § 1879; RL § 2845; NCL §
4845]
All town officers shall have the right to sell or transfer any
evidences of public indebtedness which may be issued according to law,
for services rendered by them to the town, legally and justly due, and
this chapter shall not be deemed to prevent the purchase, sale or
transfer of any funded public indebtedness whatever of the State, or of
any county, city or town.
[Part 99:108:1866; B § 2697; BH § 1734; C § 1880; RL § 2846; NCL §
4846]
1. All employees of unincorporated towns must be paid their
salaries as fixed by law or ordinance without diminution on account of
any time spent away from town employment while acting as:
(a) Volunteer firefighters of any regular organized and recognized
fire department in the protection of life or property; or
(b) Volunteer ambulance drivers or attendants,
Ê during working hours or fractions thereof which should otherwise have
been devoted to town employment.
2. As used in this section, “volunteer ambulance driver or
attendant” means a person who is a driver of or attendant on an ambulance
owned or operated by:
(a) A nonprofit organization that provides volunteer ambulance
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 )
1. When an employee of an unincorporated town other than a
department head who has been employed by the unincorporated town for 12
or more months is dismissed from employment he may request within 15 days
of the date of dismissal a written statement specifically setting forth
the reasons for such dismissal. Within 15 days of the date of such
request he shall be furnished such a written statement. Within 30 days
after receipt of such written statement, the dismissed employee may, in
writing, request a public hearing before the town board or board of
county commissioners to determine the reasonableness of such action. The
town board or board of county commissioners shall grant the dismissed
employee a public hearing within 15 days after receipt of the written
request. At the public hearing, technical rules of evidence shall not
apply.
2. Town boards or boards of county commissioners are authorized to
enact town ordinances necessary to make effective the purposes of this
section.
(Added to NRS by 1965, 309; A 1967, 1724)
FINANCES
The boards
of county commissioners shall audit and allow all claims properly payable
out of 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)
1. All taxes, fines, forfeitures or other moneys collected or
received by any officer or person, under or by virtue of any of the
provisions of this chapter, shall be paid by the officer or person
collecting or receiving the same to the county treasurer of the county in
which the taxes or moneys were collected or received.
2. The county treasurer shall:
(a) Set the same apart as a fund to be used solely for the benefit
of the town or city in which they were collected or received.
(b) Enter the same upon his books to the credit of the town or city.
(c) Divide the fund into two equal portions, one to be designated
as the general fund and the other as a debt service fund.
(d) Not pay any money out of the general fund except upon warrants
drawn upon him by the county auditor of his county.
(e) Not pay any money out of the debt service fund except in the
manner specified in this chapter.
3. When all claims payable from the debt service fund shall have
been satisfied, then the fund shall cease and any money therein remaining
shall be transferred to the general fund.
4. If at any time after creating a debt service fund there shall
be more money in the general fund than is necessary to meet current or
anticipated expenses, the board of county commissioners shall direct the
county treasurer to transfer such surplus to the debt service fund, and
the same 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)
Whenever
there shall be any surplus money in either the fire department fund,
general fund, or police department fund, now or hereafter created by
virtue of the laws of this state, in any unincorporated town, the town
board or board of county commissioners may, and they are authorized and
empowered to, transfer such surplus, or any portion thereof, from any one
to either of the funds, in the manner and proportion best calculated, in
the judgment of the town board or board 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)
1. All salaries of officers mentioned in this chapter and all
expenses incurred in carrying on any government herein provided for shall
be paid out of the general fund of the town or city, to the affairs of
which the government relates.
2. All claims for such salaries and expenses shall be presented to
the town board or board of county commissioners, who shall consider and
allow or reject the same, in whole or in part, and a record of their
action shall be entered upon their minutes.
3. If allowed in whole or in part by a majority vote of all the
members composing the town board or board of county commissioners, the
clerk thereof shall certify the claims to the county auditor, who shall
thereupon issue his warrant to the holder, substantially in the following
form:
No
.........
….… (month) ……… (day) ….… (year)
The county treasurer of ................ County will pay to
................. the sum of ........ dollars, for (stating in general
terms the nature of the claim), and charge the same to the general fund
of the (town or city of) ................
$.........
................................... County Auditor
The county auditor shall appropriately fill all blanks.
4. Upon presentation of any warrant, the county treasurer shall
immediately pay the same if he has money in his hands sufficient therefor
belonging to the fund upon which it is drawn; but, if he has not, he
shall endorse on the warrant, “Not paid for want of funds,” adding
thereto the date of the endorsement and signing his name officially to
the same; and thereafter he shall pay the warrant out of the first money
applicable thereto coming into his hands.
5. Before 12 m. on the 1st Monday in each month, the county
treasurer shall post a notice in a conspicuous place in his office,
showing the number and amount of each outstanding warrant, if any, which
there is money in the treasury to pay.
6. On paying any warrant, the county treasurer shall write 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 be a
sufficient voucher for the county treasurer for his official settlement,
which settlement shall be made in time and manner as provided for
settlement for county funds.
7. The chairman of the board of county commissioners shall, in
addition to such settlement, once a month examine the books and vouchers
of the county treasurer concerning the state of the finances in his
hands, as mentioned in this chapter, and report the result to the board,
which report shall be spread upon the minutes of the board. Such report
shall be delivered to the town boards, if any, created pursuant to NRS
269.0165 and NRS 269.017 to 269.019 ,
inclusive. Such town boards shall have access, at all reasonable times,
to the books and vouchers of the county treasurer which relate to the
respective towns.
[4:48:1881; BH § 2027; C § 2177; RL § 880; NCL § 1234]—(NRS A 1967,
1725; 1968, 67; 2001, 47 )
1. In all cases where a town or city in any county of this state
has been incorporated by an act of the Legislature thereof, or of the
Territory of Nevada, or otherwise, or may be incorporated, and the same
has been or may hereafter be disincorporated, and where at the time of
such disincorporation there exists any funded debt or outstanding bonds,
the board of county commissioners shall provide for the payment of the
principal and interest of the same substantially in time, manner and form
as provided by law or ordinance existent touching the same at the time of
disincorporation. If there be no such law or ordinance, all such claims
shall be paid out of the debt service fund of such town or city, as
provided in this chapter for the payment of other indebtedness.
2. The board of county commissioners of such county shall take
possession of all the books, papers, documents, money, credits, claims,
demands and other property of the town or city, and collect, hold or
dispose of the same for the use and benefit of the inhabitants thereof;
and in case the town or city shall have been at the time of
disincorporation involved in debt, other than as above specified, the
board of county commissioners shall ascertain the amount thereof, and
cause evidences of indebtedness bearing interest on the principal sum
thereof from date, at the legal rate of interest per annum, to be issued
to the holder of the indebtedness, which evidences of indebtedness shall
be in the following form:
No
.........
….… (month) ……… (day) …... (year)
$..........
This is to certify that the (designating the town or city by its
name) is indebted to ................ in the sum of ........ dollars
principal, and ........ dollars interest, payable out of the debt service
fund of ................; the principal sum of ........ dollars to bear
interest from this date at the legal rate per annum, principal, interest,
and accruing interest payable in lawful money of the United States.
...........................................................................
...,
Chairman of the Board of County Commissioners
of ................................................ County, Nevada
...........................................................................
........
Clerk of ................ County, Nevada
All blanks shall be appropriately filled.
3. No such evidence of indebtedness shall be issued upon any
account, claim, demand, bond, warrant, scrip or other instrument, unless
the same be filed with the clerk of the board of county commissioners
within 3 months after the disincorporation of the town or city; and
simultaneously upon issuance the account, claim or demand on which the
same is issued shall be receipted, and the bond, warrant, scrip or other
instrument shall be cancelled.
4. The county treasurer shall only use the money of the debt
service fund for the payment of the preexisting bonds or funded debt not
otherwise provided for, as hereinbefore mentioned, and such evidences as
shall be issued as last hereinbefore mentioned, and the interest thereon
as provided in this chapter.
[6:48:1881; A 1883, 51; BH § 2029; C § 2179; RL § 882; NCL §
1236]—(NRS A 1965, 739; 2001, 48 )
TAXATION
1. Except as provided in subsection 2, the boards of county
commissioners shall levy a tax, not exceeding 1.5 percent per annum, upon
the assessed value of all real and personal property situated in any
unincorporated town in their respective counties, made taxable by law for
state and county purposes.
2. In addition to the taxes levied in accordance with the
provisions of subsection 1, each board of county commissioners shall levy
a tax for the payment of interest and redemption of outstanding bonds of
the unincorporated 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)
1. Annually, at the time of assessing or fixing the amount 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 collected for city or town purposes on all real
and personal property assessable for state or county purposes within any
town or city in their county. The taxes must be collected at the same
time, in the same manner and by the same officers as provided in the
revenue laws of this state for the levying and collecting of state and
county taxes.
2. The revenue laws, in every respect not inconsistent with the
provisions of this chapter, apply to the levying and collecting of the
taxes pursuant to this section.
3. In all cases where the county commissioners, or the county
assessor, or district attorney of the county, or any other officer, or
any judge or justice of the peace of the county, is required or
authorized by law to adopt or use any form appertaining to the assessment
or collection of county taxes, he or they shall also adopt or use a
similar form in relation to assessing, levying and collecting taxes
pursuant to this section, and may use that form in any book, paper or
document in which he or they have used the first-named form, and in
filling up the blanks of the last-named form there must be inserted the
name of the town or city, using the name by which it is commonly
designated, or such name as will enable the inhabitants thereof to know
that their town or city, as the case may be, is intended to be named in
the book, paper or document.
4. All suits instituted to collect state or county taxes on real
or personal property assessed in the town or city, must include the
unpaid taxes levied pursuant to this section, and judgments therein
rendered must also include those taxes.
[2:48:1881; BH § 2025; C § 2175; RL § 878; NCL § 1232]—(NRS A 1989,
43)
PUBLIC WORKS
[Effective upon proclamation by Governor of
withdrawal of California from Tahoe Regional Planning Compact or of his
finding that the Tahoe Regional Planning Agency has become unable to
perform its duties or exercise its powers.] In the region of this state
for which there has been established by NRS 278.780 to 278.828 ,
inclusive, a regional planning agency, the powers of an unincorporated
town for the location and construction of all public works are
subordinate to the powers of such regional planning agency.
(Added to NRS by 1969, 51; A 1979, 1133, effective upon
proclamation by Governor of withdrawal of California from Tahoe Regional
Planning Compact or of his finding that the Tahoe Regional Planning
Agency has become unable to perform its duties or exercise its powers)
In any region of this state for which there has been
established by interstate compact a regional planning agency, the powers
of an unincorporated town for the location and construction of all public
works are subordinate to the powers of such regional planning agency.
(Added to NRS by 1968, 13; became effective upon proclamation by
the Governor of the enactment of the Tahoe Regional Planning Compact by
the State of California and its approval by the Congress of the United
States)
PROPERTY, PUBLIC SERVICES AND FRANCHISES
The
town board or board of county commissioners may hold, manage, use and
dispose of the real and personal property of any unincorporated town, and
the board of county commissioners shall collect all dues and demands
belonging to or coming to the town. Except as otherwise provided in this
section, a sale of such property must not be made until after its actual
market value is appraised by one or more disinterested, competent real
estate appraisers who are taxpayers of the town and are appointed by a
district judge of the county. If there are no disinterested, competent
real estate appraisers who are taxpayers of the town, the sale of the
property may be made after its actual market value is appraised by one or
more disinterested, competent real estate appraisers who are not
taxpayers 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 is only one
appraisal performed; or
2. Three-fourths of the lowest appraised value, if there 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)
1. A town board or board of county commissioners may:
(a) Make application for and hold any license required to provide
television or FM radio broadcast translator signals, or both.
(b) Contract with any person, corporation or association to provide
the equipment, facilities and services necessary to furnish such
broadcast translator signals for a period not to exceed 10 years.
(c) Enter into contracts for the purposes of this section that
extend beyond the term of office of any member of the board or commission.
(d) Levy and collect a tax upon the assessed value of property
within an unincorporated town to cover the costs of providing such
broadcast translator signals to that town.
2. As used in this section, “FM radio” means a system of radio
broadcasting by means of frequency modulation.
(Added to NRS by 1975, 711; A 1995, 1907)
A town board or board of county commissioners may, to provide adequate,
economical and efficient services to the inhabitants of the town and to
promote the general welfare of those inhabitants, displace or limit
competition in any of the following areas:
1. Ambulance service.
2. Taxicabs and other public transportation, unless regulated 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 not limited to, the
leasing of motor vehicles and the licensing of concession stands, but
excluding police protection and fire protection.
5. Water and sewage treatment, unless regulated in that town by an
agency of the State.
6. Concessions on, over or under property owned or leased by the
town.
7. Operation of landfills.
8. Except as otherwise provided in NRS 373.1183 , construction and maintenance of benches and shelters for
passengers of public mass transportation.
(Added to NRS by 1985, 1243; A 2001, 845 ; 2005, 2319 )
A
town board or board of county commissioners may:
1. Provide those services set forth in NRS 269.128 on an exclusive basis or, by ordinance, adopt
a regulatory scheme for providing those services or controlling
development on an exclusive basis within the boundaries of the town; or
2. Grant an exclusive franchise to any person to provide those
services within the boundaries of the town.
(Added to NRS by 1985, 1243; A 2001, 846 )
CONDEMNATION OF PROPERTY FOR TOWN’S USE
The boards of
county commissioners may condemn property for the use of the inhabitants
of any unincorporated town in their respective counties, in the manner
provided in NRS 269.135 .
[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408; 1943, 65; 1951,
455]—(NRS A 1985, 263)
1. Any property, real or personal, necessary for the public use of
the town or city, or the inhabitants thereof, may be condemned and
appropriated in the manner provided in this section.
2. The board of county commissioners shall appoint one referee,
and the claimant or claimants, or owner or owners of the property sought
to be condemned, shall appoint one referee; and in the event the two
referees so appointed shall not agree in the valuation of the property or
the interest or interests claimed therein, then the two so appointed
shall select a third referee, and the decision of the majority of such
three, as to the valuation of the property or the interest or interests
therein by them appraised, shall be reported to the board of county
commissioners, and shall be by them regarded as final and binding, unless
the party deeming himself aggrieved by the decision of such referees
shall appeal therefrom to the district court of the proper county within
30 days after notice of such decision shall have been served upon him.
3. Upon the tender, in lawful money of the United States, of the
sum named as the value of such property interest or interests to the
claimant or claimants, or owner or owners thereof, or his or their agent
or attorney, such property, or the interest or interests therein
appraised, shall become and be the property of the town or city, and the
board of county commissioners may, at any time after 20 days’ notice,
cause the sheriff of the county to remove all persons and obstructions
from such property, in case the same 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 or owners of
property sought to be condemned, as herein provided, shall refuse or
neglect, when required by the board of county commissioners, to appoint a
referee to value such property, then the board of county commissioners
shall constitute a board of appraisers of such property, and their
valuation of the same shall be final and binding, subject to right of
appeal, as hereinbefore provided; but no act of condemnation of property,
or of any claim of interest therein as herein provided, shall be deemed
or held as an admission on the part of the town or city, or the
inhabitants thereof, of the legality of the asserted claim thereto or
right therein.
5. In the condemnation of property, as provided in this section,
the referees or county commissioners, as the case may be, shall consider
whether the proposed improvement, for which the property is so condemned,
will be of any benefit to the person or persons owning or claiming the
property or some interest therein, and if they find that the same will be
a benefit to such person or persons, they shall estimate the value of
such benefit to him or them and deduct the amount thereof from the
estimated value of the property or interest therein condemned.
[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408; 1943, 65; 1951,
455]
SUITS AND PROSECUTIONS
1. The town board or board of county commissioners shall institute
and maintain any suit in any court necessary in their judgment to enforce
any right of any unincorporated town.
2. All such suits must be prosecuted in the name of the town board
or board of county commissioners for the use and benefit of the
inhabitants of the town, and must be entitled accordingly in all
pleadings and proceedings.
[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408; 1943, 65; 1951,
455]—(NRS A 1967, 1726; 1985, 263)
1. All prosecutions arising under the provisions of this chapter
shall be conducted by the district attorney of the county, who shall
collect such fees as may be provided by law or ordinance and pay the same
to the county treasurer, to be by him distributed to the proper fund.
2. The district attorney shall also prosecute and defend all suits
brought by or against the town board or board of county commissioners
under the provisions of this chapter.
3. The town board may appoint a town attorney to act in lieu of
the district attorney, in which case the town attorney shall act
exclusively 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
1. Except as otherwise provided in this section and NRS 344.050
, all public printing required by the
various towns of this State must be placed with a bona fide newspaper or
bona fide commercial printing establishment within the county in which
the town is located. If there is no bona fide newspaper or bona fide
commercial printing establishment within the county adequately equipped
to do the printing, the printing must be placed with a bona fide
newspaper or bona fide commercial printing 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 upon satisfactory
services being rendered by all such printing establishments and
reasonable charges therefor. As used in this subsection, “reasonable
charges” means a charge not in excess of the amount necessary to be paid
for similar work in other printing establishments.
4. The provisions of this section do not prohibit the printing of
town bonds and other evidences of indebtedness outside the State.
[Part 1:120:1925; A 1927, 227; NCL § 5610]—(NRS A 1959, 218; 2005,
1088 )
ORDINANCES
1. In addition to the powers and jurisdiction conferred by other
laws, the town board or board of county commissioners shall:
(a) Adopt all ordinances, rules and regulations for any
unincorporated town; and
(b) Perform all other acts necessary for the execution of 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 and attested to by the
town clerk, or signed by the chairman of the board of county
commissioners and attested to by the county clerk; and
(b) Published in full in a newspaper published in or having a
general circulation in the county at least once a week for 2 weeks before
the ordinance is effective.
3. Except as otherwise provided in subsection 4, if the town board
or board of county commissioners proposes the adoption of an ordinance
for an unincorporated town, the town board or the board of county
commissioners shall, not less than 10 days nor more than 20 days before
the meeting of the board at which the proposed ordinance is to be adopted
or otherwise acted upon, cause the title and a detailed summary of the
proposed ordinance to be published in a newspaper published in or having
a general circulation in the county.
4. Ordinances relating to the issuance of municipal securities, as
that term is defined in the Local Government Securities Law, and
ordinances adopting any specialized or uniform codes, including, but not
limited to, building, electrical and plumbing codes, printed in book or
pamphlet form, may be published by title only, together with the names of
the members of the town board or the county commissioners voting for or
against their passage, in a newspaper published in or having a general
circulation in the county, at least once a week for 2 weeks before the
ordinances are effective. Publication by title must set forth a statement
indicating that typewritten copies of the ordinance are available for
inspection at the office of 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 the town board
or board of county commissioners of the powers and duties conferred or
imposed by this chapter; and
(b) Are not inconsistent with those powers and duties,
Ê remain in effect 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)
The town board or
board of county commissioners shall fix the punishment for the breach of
an ordinance adopted by the town board or board of county commissioners
for any unincorporated town to be enforced within the town. No fines may
be imposed for one offense in a sum greater than $1,000, and no term of
imprisonment may be more than 6 months. In lieu of imprisonment any
person committed for punishment may be made to work on any public work in
the town, and to that end a chain gang may be formed, continued and
operated.
[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408; 1943, 65; 1951,
455]—(NRS A 1967, 1727; 1985, 263)
1. Any justice of the peace within the town or city has
jurisdiction of all violations of ordinances applicable thereto under the
provisions of this chapter, and may render final judgment, hold to bail,
fine or commit to the county jail any offender, in accordance with the
provisions thereof, or may suspend the sentence of any offender pursuant
to NRS 4.373 .
2. All commitments of imprisonment must be directed to the sheriff
of the county, and all fees or fines collected must be paid to the county
treasurer of the proper county, to be by him distributed to the proper
fund of the town or city.
[10:48:1881; BH § 2033; C § 2183; RL § 886; NCL § 1240]—(NRS A
1987, 1135)
TOWN CODE
1. In addition to the powers and jurisdiction conferred by other
laws, the town board or board of county commissioners shall have the
power to provide for the revision and codification, including such
restatements and substantive changes as are necessary for clarity and
consistency, of all general ordinances of any unincorporated town, and
may provide for the indexing and publication of such ordinances in the
form of a town code.
2. The ordinances in each town code shall be arranged in
appropriate chapters and sections, excluding the titles, enacting
clauses, signatures, attestations and other formal parts.
3. Copies of the town code and any supplements thereto may 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 may
determine, and may be sold at a price fixed by resolution of such board.
All proceeds from such sales shall be deposited in the general fund of
the town.
4. The town board or board of county commissioners may employ or
contract for the services of professional personnel in preparation of the
town code.
(Added to NRS by 1963, 75; A 1967, 1727)
1. The town code shall be adopted by an ordinance. The only title
necessary for such ordinance shall be “An Ordinance enacting a revision
and codification of the general ordinances of the town of
................”
2. The proposed town code may be adopted by reference and need not
be read aloud to the town board or board of county commissioners if the
board:
(a) Files three or more copies of the proposed code with the town
or county clerk at least 1 week before final adoption of the ordinance.
(b) Publishes a notice of such filing in a newspaper having general
circulation in the county at least 1 week before final adoption of the
ordinance stating that copies of the proposed code may be examined by the
general public at the office of the town or county clerk.
3. The ordinance adopting the town code shall be published by
title only once a week for a period of 2 weeks in a newspaper having
general circulation in the county, and shall state that copies of the
code may be examined by the general public at the office of the town or
county clerk.
4. The ordinance adopting the town code shall take effect after:
(a) At least 25 copies of the code have been reproduced.
(b) At least three copies of the code have been filed with the town
or county clerk.
(c) The newspaper publication required by subsection 3 has been
completed.
(Added to NRS by 1963, 76; A 1967, 1728)
Two copies of the town code shall be filed with the Librarian of the
Supreme Court Law Library after such code becomes effective.
(Added to NRS by 1963, 76; A 1971, 805; 1973, 425)
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 be amendments or extensions thereof. No section of the code shall
be amended by reference only, but the section, as amended, shall be
reenacted and published at length. Three copies of any amendment or
extension shall be filed with the town or county clerk and two copies of
any amendment or extension shall be filed 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 AND BUSINESSES
1. Except as otherwise provided in subsection 5 and NRS 576.128
, 598D.150 and 640C.100 , the town board or board of county 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, and all
places of business and amusement so licensed, as follows:
(1) Artisans, artists, assayers, auctioneers, bakers, banks
and bankers, barbers, boilermakers, cellars and places where soft drinks
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 liquors and 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 stables and wagon
yards.
(7) Electric light companies, illuminating gas companies,
power companies, telegraph companies, telephone companies and water
companies.
(8) Carts, drays, express companies, freight companies, 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 the conditions
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 of tangible
personal property may be granted unless the applicant for the license
presents written evidence that:
(a) The Department of Taxation has issued or will issue a permit
for this activity, and this evidence clearly identifies the business by
name; or
(b) Another regulatory agency of the State has issued or 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 lien upon the real
and personal property of the business upon which the tax was levied until
the tax is paid. The lien must be enforced in the same manner as liens
for ad valorem taxes on real and personal property. The town board or
other governing body of the unincorporated town may delegate the power to
enforce such liens to the county fair and recreation board.
4. The governing body or the county fair and recreation board may
agree with the Department of Taxation for the continuing exchange of
information concerning taxpayers.
5. The town board or board of county commissioners shall not
require a person to obtain a license or pay a license tax on the sole
basis that the person is a professional. As used in this subsection,
“professional” means a person who:
(a) Holds a license, certificate, registration, permit or similar
type of authorization issued by a regulatory body as defined in NRS
622.060 , or who is regulated pursuant to the Nevada Supreme Court
Rules; and
(b) Practices his profession for any type of compensation 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 )
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. If a town board or board of county commissioners requires a
person to obtain a license, permit or certificate to practice a
profession or occupation pursuant to NRS 269.170 , an applicant for the issuance or renewal of
such a license, certificate or permit shall submit to the town board or
board of county commissioners the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human
Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.
2. The town board or board of county commissioners shall include
the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license, certificate or permit; or
(b) A separate form prescribed by the town board or board of county
commissioners.
3. A license, certificate or permit may not be issued or 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 to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the town board or
board of county commissioners shall advise the applicant to contact the
district attorney or other public agency enforcing the order to determine
the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2044)
[Expires by
limitation on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. If a town board or board of county commissioners receives a
copy of a court order issued pursuant to NRS 425.540 that provides for the suspension 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 of county
commissioners shall deem the license, certificate or permit issued to
that person to be suspended at the end of the 30th day after the date on
which the court order was issued unless the town board or board of county
commissioners receives a letter issued to the holder of the license,
certificate or permit by the district attorney or other public agency
pursuant to NRS 425.550 stating that the holder of the license, certificate or permit
has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. A town board or board of county commissioners shall reinstate a
license, certificate or permit to practice a profession or occupation
issued pursuant to NRS 269.170 that has
been suspended by a district court pursuant to NRS 425.540 if the town board or board of county commissioners receives a
letter issued by the district attorney or other public agency pursuant to
NRS 425.550 to the person whose license, certificate or permit was
suspended stating that the person whose license, certificate or permit
was suspended has complied with the subpoena or warrant or has satisfied
the arrearage pursuant to NRS 425.560 .
(Added to NRS by 1997, 2045)
[Expires by limitation on
the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.] An application for the issuance
of a license, permit or certificate to practice a profession or
occupation pursuant to NRS 269.170 must
include the social security number of the applicant.
(Added to NRS by 1997, 2045)
Except as otherwise provided in NRS 576.128 , the boards of county commissioners may in any
unincorporated town in their respective counties license, tax, regulate,
prohibit and suppress all tippling houses, 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)
The boards
of county commissioners may in any unincorporated town in their
respective counties provide by ordinance for the issuance of all licenses
mentioned in this chapter or authorized to be issued, and fix the terms
and sums for licenses.
[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408; 1943, 65; 1951,
455]—(NRS A 1985, 265)
1. If the town board or board of county commissioners requires a
license to engage in business as a pawnbroker in an unincorporated town,
it shall also require an additional license if the pawnbroker accepts
motor vehicles as pledged property or in any other manner allows the use
of a motor vehicle as collateral for a loan. A license authorizing a
pawnbroker to accept motor vehicles as pledged property must not be
issued to a person who does not have a license to engage in business as a
pawnbroker.
2. The board shall charge and collect an additional fee of not
more than $500 for each license authorizing a pawnbroker to accept motor
vehicles as pledged property, and shall issue the license upon payment of
the prescribed fee.
(Added to NRS by 1993, 2324)
VEHICLES AND TRAFFIC
1. Except as otherwise provided in NRS 707.375 , in addition to the powers and jurisdiction conferred upon the
town boards or boards of county commissioners by this chapter, such
boards may:
(a) Regulate traffic upon the streets and alleys of towns or cities
governed by such boards pursuant to this chapter.
(b) Regulate the speed, parking, stopping, turning and operation of
all motor vehicles and other vehicles using the streets and alleys.
(c) Pass and adopt all ordinances, rules and regulations, and do
and perform all acts and things necessary for the execution of the powers
and jurisdiction conferred by this section.
2. The town board or board of county commissioners shall cause to
be displayed, in each school zone and school crossing zone where the
county has posted a speed limit, signs or other devices designating the
times 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
The
boards of county commissioners may establish and maintain a board of
health in 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, 265)
The town board or board of
county commissioners may prohibit the keeping of hogs or the running at
large of 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)
1. The town board or board of county commissioners shall, when
petitioned by 25 percent of the taxpayers of any town or voting precinct
not maintaining a separate and independent local government, pass an
ordinance to prevent the running at large of any horse, mule, ass, kine,
hog, sheep or goat in the town or precinct, and provide in the ordinance
for the impounding of the animals as estrays and the payment of certain
fees and costs before the release of such animals.
2. When the ordinance is properly drawn and signed by the chairman
of the town board or board of county commissioners, before going into
effect it shall be published, for a period of at least 10 days, in some
newspaper of general circulation published in the town or precinct, and
if there be none, then in some newspaper published in the county. The
cost of publication shall be paid by the town or county out of the
general fund of the town or county the same as other bills.
3. A violation of any such ordinance shall be a misdemeanor.
[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)
The
town board or board of county commissioners may determine what are
nuisances in any unincorporated town, and provide for the punishment,
prevention and removal of the nuisances.
[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408; 1943, 65; 1951,
455]—(NRS A 1967, 1730; 1985, 265)
1. For the purposes of this section, nuisances in any
unincorporated town in this state shall be deemed to consist of
permitting filth heaps, garbage, unprotected sewage or drainage pipes or
boxes, cesspools, obstructions to the safe and convenient passage of
vehicles and pedestrians through and over the public highways, streets
and alleys, and other such nuisances as may be named by the State Board
of Health or county board of health to remain unabated after due notice
to abate or remove the same as required by the provisions of this section.
2. Upon the complaint of any resident in any unincorporated town
in this state to the sheriff or constable of such unincorporated town
that a nuisance exists therein of the nature mentioned in subsection 1,
or from the personal observation and knowledge of such sheriff or
constable that a nuisance of the nature mentioned in subsection 1 exists
in the unincorporated town, the sheriff or constable shall notify the
property owner or occupants of the premises causing or permitting the
nuisance to exist that unless the nuisance is abated or removed within 10
days after service of notice, the sheriff or constable will abate or
remove, or cause to be abated or removed, at the expense of the owner of
the property, the nuisance complained of or found to exist. Notice to
abate or remove any nuisance shall be served upon the owner or occupants
of the premises, or agent of the owner of the property or premises
responsible for the unabated nuisance. If the owner of the property is
unknown or absent with no known representative or agent upon whom notice
can be served, then the sheriff or constable shall post a written or
printed notice upon the property premises, setting forth that unless the
nuisance is abated or removed within 10 days the sheriff or constable
will abate or remove, or cause to be abated or removed, at the expense of
the owner and property, the nuisance complained of and found to exist;
but in carrying out the provisions of this section, no charge, debt or
claim against any individual owner or any one piece of real property
shall exceed the sum of $50.
3. Any unpaid sum of money against the property or owner accrued
in abating or removing nuisances contemplated by this section shall be a
claim against the property and may be recovered in an action at law in
any court of competent jurisdiction in the county in which the
unincorporated town is situated. The amount recovered shall be disbursed
in paying 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]
In
addition to the powers and jurisdiction conferred by other laws, the town
board or board of county commissioners shall have the power to prevent,
punish and restrain any disorderly conduct.
[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408; 1943, 65; 1951,
455]—(NRS A 1967, 1730)
In addition
to the powers and jurisdiction conferred by other laws, the town boards
or boards of county commissioners of the counties of this state are
empowered to enact and enforce loitering and prowling ordinances.
(Added to NRS by 1967, 1506; A 1969, 39; 1993, 810)
In addition to the powers and jurisdiction conferred by other
laws, the town board or board of county commissioners may regulate the
storage of gunpowder and other explosive or combustible materials. Any
ordinance adopted pursuant to this section that regulates places of
employment where explosives are stored must be at least as stringent as
the standards and procedures adopted by the Division of Industrial
Relations of the Department of Business and Industry pursuant 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 )
1. Except as otherwise provided by specific statute, the
Legislature reserves for itself such rights and powers as are necessary
to regulate the transfer, sale, purchase, possession, ownership,
transportation, registration and licensing of firearms and ammunition in
Nevada, and no town may infringe upon those rights and powers.
2. A town board may proscribe by ordinance or regulation the
unsafe discharge of firearms.
3. As used in this section, “firearm” means any weapon from which
a projectile is discharged by means of an explosive, spring, gas, air or
other force.
(Added to NRS by 1989, 652)
The
boards of county commissioners may levy and collect an annual tax on all
dogs owned or kept within the limits of any unincorporated town in their
respective counties, and provide for the extermination of all dogs for
which the tax has not been paid.
[Part 1:48:1881; A 1889, 43; 1903, 55; 1919, 408; 1943, 65; 1951,
455]—(NRS A 1985, 265)
In order to control
rabies and to protect the public health and welfare, each town board or
board of county commissioners shall enact an ordinance providing for a
rabies control program and shall include within that ordinance the
requirements established by regulations adopted by the State Board of
Health.
(Added to NRS by 1965, 1073; A 1967, 1730; 1989, 302)
1. When six or more persons, whether armed or not, shall be
unlawfully or riotously assembled in any town, the sheriff of the county
and his deputies, or the constable of the town, and the justice of the
peace shall go among the persons so assembled, or as near as possible,
and shall command them, in the name of the people of the United States
and the State of Nevada, to disperse immediately.
2. If the persons assembled do not immediately disperse, the
magistrates and officers shall arrest them, that they be punished
according to law, and for that purpose may command the aid of all persons
present or within the county.
3. If a magistrate or officer, having notice of an unlawful or
riotous assembly, as provided in subsection 1, neglect or refuse to
proceed to the place of assembly, or as near thereto as he can with
safety, and to exercise the authority with which he is invested for
suppressing the same and arresting the offenders, he shall be deemed
guilty of a misdemeanor, and shall 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
1. The town board or board of county commissioners may appoint
from the residents of an unincorporated town one chief of police and as
many other peace officers as may be necessary, not exceeding seven.
Two-thirds of 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 of official
bonds, in such amount as may be designated by the town board or board of
county commissioners.
3. The chief of police is entitled to receive for his services
such sum as may be fixed by the town board or board of county
commissioners not to exceed $250 per month. Other peace officers are
entitled to receive for their services such sum as may be fixed by the
town board or board of county commissioners not to exceed $225 each per
month.
4. The peace officers are ex officio collectors of all licenses
and taxes, other than property taxes, to be collected for the use of the
town, and shall exercise such other powers and perform such other duties,
including police duties, as may be authorized, directed or required by
the town board or board of county commissioners.
5. Each officer shall transmit any money collected pursuant to any
law or ordinance to the county treasurer for distribution to the proper
fund of the town.
[12:48:1881; A 1943, 65; 1943 NCL § 1242]—(NRS A 1967, 1730; 1985,
265)
1. The boards of county commissioners of the various counties of
this State may levy and collect a tax of not exceeding one-half of 1
percent upon the assessed value of property within any unincorporated
town for the benefit of the police department of the town.
2. The board of county commissioners shall prescribe the
boundaries within which the tax is to be collected, but the boundaries
must not extend beyond the limits of the town.
3. The tax must be assessed and collected at the same time 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 county
treasurer.
4. The county treasurer shall keep the money in a separate fund to
be denominated the police department fund. No money may be paid out of
the police department fund, except by order of the town board or board of
county commissioners. The town board or board of county commissioners may
use the police department fund in paying the expenses of the police
department within the boundaries of the town, as prescribed by the county
commissioners. Any warrant drawn on the police department fund, when
there is not sufficient money in the treasury to pay the whole amount of
the warrant, is void.
5. The town board or board of county commissioners of any county
shall appoint policemen, not exceeding two in number, in any
unincorporated town and fix their compensation. The town board or board
of county commissioners may, at any time, remove the policemen and
appoint others in their place, whenever the board deems it necessary for
the public good. The policemen shall serve within the limits of the
unincorporated town. The board of county commissioners may appoint such
other special policemen as, in its judgment, the public safety may
require, whose compensation must be fixed by the board, and who shall
continue to serve only during the pleasure of such board.
6. The provisions of this section have no effect in any town
unless a majority of the property holders of the town petitions the board
of county commissioners of the county wherein the town is situated,
setting forth the following facts:
(a) That the petition contains the names of the majority of the
property holders of the town.
(b) That they request the appointment of such policemen and 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 compliance with the
provisions of subsection 6, the board of county commissioners in which
county the town is situated shall levy the tax and the town board or
board of county commissioners shall make the appointment of one or more
policemen, in accordance 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)
Any officer having
the direction of the police in a town shall order a force sufficient to
keep the peace to attend any public meeting, when he is satisfied that a
breach of the peace is to be apprehended.
[82:108:1866; B § 2680; BH § 1717; C § 1863; RL § 2832; NCL §
4832]—(NRS A 1983, 124)
A police department or other law
enforcement agency of a town shall, within 7 days after receipt of a
written request of a person who claims to have sustained damages as a
result of an accident, or his legal representative or insurer, and upon
receipt of a reasonable fee to cover the cost of reproduction, provide
the person, his legal representative or insurer, as applicable, with a
copy of the accident report and all statements by witnesses and
photographs in the possession or under the control of the department or
agency that concern the accident, unless:
1. The materials are privileged or confidential pursuant 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
1. The town board or board of county commissioners shall in any
unincorporated town in their respective counties:
(a) Provide for the prevention and extinguishment of fires.
(b) Organize, regulate, establish and disband fire companies or
fire departments.
(c) Provide for the payment of fire companies or fire departments,
and the appointment and payment of officers thereof.
2. All payments authorized under the provisions of subsection 1
must be made from the separate fund of the town where service is
performed or required when the fire company or department operates in the
town alone, and if used outside of the town the board of county
commissioners may provide for contribution from general county funds if
provided for in the county budget.
3. A majority of the town board or board of county commissioners
shall name and appoint two-thirds of all such officers and employees, and
the minority thereof shall name and appoint one-third.
4. The fire chief and the personnel of the fire department are
entitled to receive such compensation as the town board or board of
county commissioners prescribes.
5. The town board or board of county commissioners may designate
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)
1. The boards of county commissioners of the various counties of
this state are empowered to levy and collect a tax of not exceeding 1.5
percent upon the assessed value of the property within any unincorporated
town for the benefit of the fire department in the town.
2. The county commissioners shall prescribe the boundaries within
which the tax is to be collected, but the boundaries must not extend
beyond the limits of the town.
3. The tax must be assessed in the same manner and is subject to
the provisions of the general laws for the assessment and collection of
taxes. The tax must be collected at the same time and by the same
officers who assess and collect the state and county taxes, and must be
paid over to the county treasurer.
4. The county treasurer shall keep the money in a separate fund to
be denominated the fire department fund. No money may be paid out of the
fire department fund except by order of the town board or board of county
commissioners. The town board or board of county commissioners shall use
the fire department fund to aid in sustaining the fire companies within
the boundaries of the town, as prescribed by the town board or board of
county commissioners. No debt is authorized by this section to be made.
Any warrant drawn on the fire department fund when there is not
sufficient money in the treasury 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)
1. The policemen appointed under the provisions of NRS 269.240
are ex officio fire wardens of the
unincorporated towns for which they are acting as policemen.
2. The fire wardens shall:
(a) In the daytime, examine all houses, buildings or
superstructures within the town where they are acting as fire wardens and
policemen, and ascertain from personal examination the condition of all
the chimneys, stovepipes, stoves, flues, ranges, grates, furnaces or
other articles, or anything used in the houses, buildings or
superstructures in which to hold fire or to conduct the smoke from any
fire.
(b) When any of the articles or fixtures mentioned in paragraph (a)
are found to be so defective in make or material, or so situated as to
endanger any of the property of the town, or the property of any of the
inhabitants thereof, to loss from fire by or on account of any of the
defects, notify in writing the owner or occupant of the house, building
or superstructure where such defective chimney, flue, stovepipe or other
article is situated to repair it, so as to prevent danger from fire to
the property in the town.
(c) Direct the manner in which the repairs required by the
provisions of paragraph (b) must be made.
(d) Under the direction of the chief engineer of the fire
department, where there is one, and where there is no chief engineer of a
fire department in a town, then under the direction of the town board or
board of county commissioners, examine streets, alleys, outlots and the
surrounding of houses and buildings in the town where they are acting as
fire wardens, and direct the removal, by the owner of the premises, of
any inflammable matter or material found thereon.
(e) Generally, perform such duties as directed by the town board or
board of county commissioners or the chief of the fire department in the
town, to protect fully the property of the town from loss by
conflagration.
[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)
Any
person, after being notified by a fire warden to repair any defective
chimney, flue, furnace, range, oven, stovepipe or fixture therewith
connected so as to prevent it from endangering the property of the town
from destruction or loss by fire, who neglects or refuses, for a longer
time than 24 hours after notice in writing to repair it, to comply with
the order and direction of the fire warden, and fails or refuses to make
the required repairs, shall be fined in any sum not more than $500.
[3:56:1875; BH § 2157; C § 2279; RL § 905; NCL § 1292]—(NRS A 1967,
545; 1983, 125)
1. After receiving written notice from the fire warden ordering
the removal of any dangerous or inflammable material from the limits of
the town, any owner, occupant or agent in control of the premises where
the dangerous or inflammable material is situated who has failed to
comply or to remove such matter within 48 hours after receipt of such
order shall be fined not more than $500.
2. The court shall then issue an order for the removal of the
dangerous or inflammable material, and if the owner, occupant or agent in
control of the premises fails to remove such material within 24 hours
after receipt of the court order, the fire warden shall remove such
material at the expense 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 AND FACILITIES
As used in NRS 269.400 to 269.470 ,
inclusive, “town” means an unincorporated town in the State of Nevada
having a population of less than 7,500.
(Added to NRS by 1963, 1161; A 1967, 1734; 1969, 1581; 1979, 528)
The town
board or board of county commissioners shall have the power, in addition
to other powers conferred upon such boards by this chapter or otherwise:
1. To lay out, extend, change the grade, open and alter the
highways, streets and alleys within the town.
2. To require and provide for the macadamizing, oiling, curbing,
graveling, grading and regrading, paving, draining, cleaning and
repairing, lighting, surfacing and resurfacing, and widening of any
highway, 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, tennis
courts, public buildings, structures and facilities for recreation and
entertainment purposes, and the purchase of sites for all such purposes.
4. To provide for construction, repair, maintenance and
preservation of sidewalks, crossings, bridges, drains, underground
irrigation pipes, water mains, curbs, gutters and storm sewers.
5. To provide for the purchase, construction, repair, maintenance
and preservation of sanitary sewage facilities, sanitary sewer systems
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
property not herein mentioned.
7. To make any other public improvement of any nature, including
the purchase and construction of such buildings, structures, edifices and
facilities as the town board may deem appropriate.
(Added to NRS by 1963, 1161; A 1967, 1734)
For any
such purpose, the town board or the board of county commissioners, at any
time or 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, which payment is
additionally secured by a pledge of gross or net revenues derived from
the operation of such capital improvements, and, if so determined by the
town board or the board of county commissioners, further secured by a
pledge of such other gross or net revenues as may be derived from any
other income-producing project of the town or from any license or other
excise taxes levied by the town for revenue, as may be legally made
available for their payment; and
3. Special obligations.
(Added to NRS by 1963, 1162; A 1967, 1734; 1969, 1582; 1981, 955)
Subject to the provisions of NRS 269.410 , for any improvements authorized by NRS
269.405 , the town board or the board of
county commissioners may, on the behalf and in the name of the town,
borrow money, otherwise become obligated, and evidence obligations by the
issuance of bonds and other town securities, and in connection with the
undertaking or improvements, the board may otherwise proceed as provided
in the Local Government Securities Law.
(Added to NRS by 1963, 1162; A 1967, 1735; 1969, 1582; 1985, 267)
In order to insure the payment of the general
obligation bonds of the town, the payment of which is additionally
secured by a pledge of revenues of such improvements, of any such other
income-producing project and of any such excise taxes, as provided in NRS
269.410 , or other such additionally
secured general obligation securities of the town, the board may
establish and maintain, and from time to time revise, a schedule or
schedules of fees, rates and charges for services, facilities and
commodities rendered by or through such improvements and any such other
income-producing project and a schedule or schedules of any such excise
taxes, as the case may be, in an amount sufficient for that purpose and
also sufficient to discharge any covenant in the proceedings authorizing
the issuance of any of the bonds or other securities, including any
covenant for the establishment of reasonable reserve funds.
(Added to NRS by 1963, 1162; A 1967, 225; 1969, 1583)
No town shall ever become indebted
for any town improvements under the provisions of NRS 269.400 to 269.470 ,
inclusive, or otherwise, by the issuance of such general obligation bonds
and other general obligation securities (other than any notes or warrants
maturing within 1 year from the respective dates of their issuance), but
excluding any outstanding revenue bonds, special assessment bonds, or
other special obligation securities, excluding any such outstanding
general obligation notes and warrants, and excluding any outstanding
indebtedness not evidenced by bonds or other securities, exceeding 25
percent of the total last assessed valuation of the taxable property of
the town.
(Added to NRS by 1963, 1162; A 1967, 1735; 1969, 1583)
The authority to issue general
obligation bonds and other general obligation securities conferred by the
provisions of NRS 269.400 to 269.470
, inclusive, shall be deemed to be
independent and complete, and such securities may be issued thereunder
without regard to other provisions or sections of this chapter or Nevada
Revised Statutes concerning the issuance of bonds or other securities
except as otherwise 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 CERTAIN COUNTIES
(UNINCORPORATED TOWN GOVERNMENT LAW)
General Provisions
NRS 269.500 to 269.625 ,
inclusive, may be cited as the Unincorporated Town Government Law.
(Added to NRS by 1975, 1345; A 1977, 579; 1995, 2178; 2001, 1688
)
Whenever used in NRS 269.500 to 269.625 ,
inclusive, unless a different meaning clearly appears from the context,
the following words and terms defined in NRS 269.510 , 269.515 and
269.520 have the meanings ascribed to
them in those sections.
(Added to NRS by 1975, 1345; A 1977, 579; 1985, 2253)
“Board” means the board of county
commissioners.
(Added to NRS by 1975, 1345)
“Town advisory board”
means the board created pursuant to the provisions of the Unincorporated
Town Government Law to assist the board of county commissioners in the
government of an unincorporated town.
(Added to NRS by 1975, 1345)
“Unincorporated town”
or “town” means a specific unincorporated area within a county in which
one or more governmental services are provided by the county in addition
to those services provided in the general unincorporated area of the
county, for which the residents of such area pay through ad valorem taxes
or for which other revenue is secured from within the area.
(Added to NRS by 1975, 1345)
1. It is hereby found and declared that there is a need for
special government services in certain unincorporated areas of counties.
2. It is further found and declared that such services heretofore
have been provided under varying interpretations of law, leading to
widespread disparity in the recognition of the role of town government.
3. It is further found and declared that unincorporated town
government is an adjunct of county government.
4. It is further found and declared that the residents of such
areas have considerable interest in representative and participatory
government for such areas and should be provided a role whereby they may
assist the board of county commissioners in the management of government
as it relates to such towns.
5. Finally, the purposes of the Unincorporated Town Government Law
are to provide for the formation of unincorporated towns and their
government according to a uniform plan within the framework of county
administration of the unincorporated area.
(Added to NRS by 1975, 1345)
The provisions of the Unincorporated Town Government Law apply:
1. To each unincorporated town in any county having a population
of 100,000 or more.
2. To each unincorporated town in any other county, upon the
passage of an ordinance adopting the Unincorporated Town Government Law
by the board of county commissioners.
(Added to NRS by 1975, 1346; A 1977, 1003; 1979, 528; 1983, 1662)
Formation of Unincorporated Towns
An unincorporated town may be formed by
means of an initiative petition of the residents of any specified
unincorporated area within a county or by resolution of a board of county
commissioners, pursuant to the procedure established by the
Unincorporated Town Government Law.
(Added to NRS by 1975, 1346)
1. If the initiative petition method is followed, the procedures
established by NRS 295.085 to 295.125
, inclusive, for the adoption of county
ordinances by initiative petition shall be followed, subject to the
criteria set forth in NRS 269.545 and
provided the petitions are signed by a number of registered voters of the
area equal to 51 percent or more of the number of voters in such area who
voted at the last preceding general election in the county, determined as
nearly as is practicable from the voting records of the whole number of
precincts within such area.
2. If the petitioners’ committee desires to place the question of
formation on the ballot, without reference to the board of county
commissioners, the initiative petition shall be signed by a number of
voters of the area equal to 10 percent or more of the number of voters in
such area who voted at the last preceding general election in the county,
determined as provided in subsection 1.
(Added to NRS by 1975, 1346)
1. The initiative petition presented to the board or the question
placed on the ballot, as provided in NRS 269.540 , must contain a statement substantially as
follows:
The undersigned declare their purpose 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 of the town services enumerated in NRS
269.575 and that they acknowledge the
fact that the supplying of such service or services will require a
special tax levy, the establishment of a user fee schedule or a
combination of both.
2. The boundaries of such area sought to be brought within an
unincorporated town area must be clearly designated and declared. The
area encompassed must be contiguous.
3. The petition shall state whether the town advisory board is to
be composed of three members or five members.
(Added to NRS by 1975, 1346; A 1979, 1167)
1. If the petition presented to the board contains the requisite
number of signatures pursuant to subsection 1 of NRS 269.540 and otherwise meets the requirements provided
in NRS 269.545 , the board may, by
ordinance, proceed with the formation of the unincorporated town. The
ordinance must contain a clear designation of the boundaries, a listing
of services to be provided and the number of members to be on the town
advisory board.
2. If the petition presented to the board contains the requisite
number of signatures pursuant to subsection 2 of NRS 269.540 , the board may, by resolution adopted at a
regular meeting, provide for submission of the question of the formation
of an unincorporated town to the registered voters residing within the
boundaries of the area proposed for that town at the next succeeding
primary or general election. As a part of the question there must be
included the statement that an affirmative vote carries with it the
assent to be taxed for the service or services indicated in the board’s
resolution.
(Added to NRS by 1975, 1347; A 1979, 1167; 1993, 1045)
Except as otherwise provided in NRS 269.563 , the board may, by resolution adopted at a
regular meeting, provide for submission of the question of the formation
of an unincorporated town to the registered voters residing within the
boundaries of the area proposed for the town at the next succeeding
primary or general election. As a part of the question there must be
included the statement that the affirmative vote carries with it the
assent to be taxed for the service indicated in the board’s resolution.
(Added to NRS by 1975, 1347; A 1993, 1046; 1995, 2178)
If a
majority of the registered voters residing within the boundaries of the
proposed unincorporated town and voting on the question in the primary or
general election as provided in subsection 2 of NRS 269.550 or in NRS 269.555 approve the question, the board shall by
ordinance proceed with the formation of the unincorporated town. The
ordinance must contain a clear designation of the boundaries, a listing
of the services to be provided and the number of members to be on the
town advisory board.
(Added to NRS by 1975, 1347; A 1979, 1167; 1993, 1046)
1. The board of county commissioners of a county whose population
is 400,000 or more may provide by ordinance for the formation of an
unincorporated town in an area that contains no residents if all of the
owners of land within the boundaries of the proposed unincorporated town
so request in writing. The written request of the owners must include the
statement that the owners consent to be taxed for the services to be
listed in the ordinance. If any owner withdraws his consent before
adoption of the ordinance creating the unincorporated town, his property
must be excluded in fixing the boundaries of the town.
2. The ordinance must contain clear designation of the boundaries
of the unincorporated town and the boundaries of any area which may be
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 conditions that must be satisfied before appointment of the first
town advisory board. These conditions may include, without limitation,
the number of residents, the level of services being provided and the
extent of improvements in place.
(Added to NRS by 1995, 2177)
1. The boards of county commissioners of the various counties in
this state may enact ordinances to provide for and regulate the formation
of unincorporated towns if specific unincorporated county areas are
directed by federal or state law to administer one or more of the
services enumerated in subsection 2.
2. The services to be provided include but are not limited to
solid waste disposal and compliance with federal water or air quality
standards.
3. Any such ordinance must contain a clear designation of the
boundaries of the unincorporated town, a listing of services to be
provided and the number of members to be on the town advisory board.
(Added to NRS by 1975, 1347; A 1979, 1168)
The board of county commissioners may amend any ordinance providing for
the formation of an unincorporated town to adjust the list of services to
be provided.
(Added to NRS by 1975, 1348; A 1977, 580; 1979, 1168)
Services
1. Town services, any one of which or any combination of which may
be supplied to the residents of a particular unincorporated town include,
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 town property.
2. Each unincorporated town is limited to that service or those
services whose supply provided the basis for the formation of the town,
as adjusted from time to time pursuant to NRS 269.570 .
(Added to NRS by 1975, 1347; A 1977, 1003; 1985, 2254)
1. The board of county commissioners of a county which has 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,
Ê may by resolution levy a common rate of taxes ad valorem for those
unincorporated towns for the common service.
2. In the resolution the board must:
(a) Identify the unincorporated towns to which the common rate
applies; and
(b) State the service common to those unincorporated towns 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 be levied
for a capital improvement in any town, or for a service provided only in
the town where that rate is levied.
(Added to NRS by 1985, 2253)
Town Advisory Boards
1. Except as appointment may be deferred pursuant to NRS 269.563
, the board of county commissioners of
any county whose population is 400,000 or more shall, in each ordinance
which establishes an unincorporated town pursuant to NRS 269.500 to 269.625 ,
inclusive, provide for:
(a) Appointment by the board of county commissioners or the
election by the registered voters of the unincorporated town of three or
five qualified electors who are residents of the unincorporated town to
serve as the town advisory board. If the ordinance provides for
appointment by the board of county commissioners, in making such
appointments, the board of county commissioners shall consider:
(1) The results of any poll conducted by the town advisory
board; and
(2) Any application submitted to the board of county
commissioners by persons who desire to be appointed to the town advisory
board in response to an announcement made by the town advisory board.
(b) A term of 2 years for members of the town advisory board.
(c) Election of a chairman from among the members of the town
advisory board for a term of 2 years, and, if a vacancy occurs in the
chairmanship, for the election of a chairman from among the members for
the remainder of the unexpired term. The ordinance must also provide that
a chairman is not eligible to succeed himself for a term of office as
chairman.
2. The members of a town advisory board serve at the pleasure of
the board of county commissioners. If a member is removed, the board of
county commissioners shall appoint a new member to serve out the
remainder of the unexpired term of the member who was removed.
3. The board of county commissioners shall provide notice of the
expiration of the term of a member of and any vacancy on a town advisory
board to the residents of the unincorporated town by mail, newsletter or
newspaper at least 30 days before the expiration of the term or filling
the vacancy.
4. The duties of the town advisory board are to:
(a) Assist the board of county commissioners in governing the
unincorporated town by acting as liaison between the residents of the
town and the board of county commissioners; and
(b) Advise the board of county commissioners on matters of
importance to the unincorporated town and its residents.
5. The board of county commissioners may provide by ordinance 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 )
1. The board of county commissioners of any county whose
population is less than 400,000 shall, in each ordinance which
establishes an unincorporated town pursuant to NRS 269.500 to 269.625 ,
inclusive, provide for:
(a) The appointment by the board of county commissioners or the
election by the people of three or five qualified electors who are
residents of the unincorporated town to serve as the town advisory board.
(b) The removal of a member of the town advisory board if the board
of county commissioners finds that his removal is in the best interest of
the residents of the unincorporated town, and for appointment of a member
to serve the unexpired term of the member so removed.
2. The board of county commissioners may provide by ordinance 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 in governing the
unincorporated town by acting as liaison between the residents of the
town and the board of county commissioners; and
(b) Advise the board of county commissioners on matters of
importance to the unincorporated town and its residents.
(Added to NRS by 1979, 1166; A 1981, 1784; 1983, 1127; 1989, 1915)
1. The board of county commissioners of any county whose
population is less than 400,000 shall appoint members for an appointive
town advisory board which is created after June 30, 1983, to initial
terms as follows:
(a) For a three-member board:
(1) One member for a term of no more than 1 year; and
(2) Two members for terms of more than 1 year but no more
than 2 years.
Ê Each term must 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 1 year; and
(2) Three members for terms of more than 1 year but no more
than 2 years.
Ê Each term must end on the first Monday in January of the appropriate
year.
2. As the initial terms expire, the board of county commissioners
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 first elected
board by lot into two classes whose terms will correspond to those
provided in subsection 1.
(Added to NRS by 1983, 1128; A 1989, 1915)
Each member of a town
advisory board shall, at least once during the first year of his initial
term of office and at least once during every subsequent year that he
serves in office, attend training relating to:
1. State statutes and regulations and local ordinances,
resolutions and regulations concerning land use planning, development and
any other subject matter that the board of county commissioners deems
necessary; and
2. The provisions of chapter 241 of
NRS.
(Added to NRS by 2001, 1688 )
The board of
county commissioners of any county may, by resolution adopted at a
regular meeting, designate any one or more of the services enumerated in
NRS 269.575 as properly within the
power of a town advisory board to manage.
(Added to NRS by 1975, 1348)
The board of county commissioners shall consult with each town
advisory board on matters relating to such town and shall give advance
notice to the town advisory board concerning items relating to that town
which will be on the board’s agenda. The board shall notify town advisory
boards of special projects or improvements pending and relating to such
town and shall provide information thereon. Such information shall cover
but shall not be limited to commencement dates, completion dates and the
scope of the work to be performed or the extent of the services to be
supplied.
(Added to NRS by 1975, 1348)
1. The board shall:
(a) Solicit the advice of the town advisory board in the
preparation of the tentative budget for the town affected.
(b) Allow towns to recommend their own ordinances and codes. If the
subject matter covered is the subject of an existing county ordinance,
the town ordinance may not be less stringent than the county ordinance.
2. The board may allow town advisory boards to control any
expenditures which are a part of a county-approved budget.
(Added to NRS by 1975, 1348)
Any nonappropriated
funds available for town purposes may be expended at the discretion of
the town advisory board.
(Added to NRS by 1975, 1349)
Each town advisory
board shall establish bylaws for town meetings and other matters of
internal governance.
(Added to NRS by 1975, 1349)
Ordinances
Copies of the ordinances of an
unincorporated town shall be available from the chairman of the town
advisory board or from the county clerk.
(Added to NRS by 1975, 1349)
1. By agreement of the town advisory boards affected, two or more
unincorporated towns may join in a single codification of their
respective town ordinances.
2. Publications of town codes by title only is recognized as
sufficient for all purposes.
(Added to NRS by 1975, 1348)
Miscellaneous Provisions
Audits of the records of unincorporated towns
shall be conducted as part of the county audit.
(Added to NRS by 1975, 1349)
In the
region of this state for which the Red Rock Canyon Conservation Area and
Adjacent Lands Act establishes limits upon development, the powers
conferred by this chapter which relate to planning, subdivision
regulation and zoning are subordinate to those limits.
(Added to NRS by 2003, 596 )
Any property belonging to an unincorporated
town on July 1, 1975, shall continue to be the property of such town as
long as it exists as an unincorporated town unless, upon recommendation
of the town advisory board, the board of county commissioners provides by
ordinance for the disposition of the property.
(Added to NRS by 1975, 1349)
The board
of county commissioners in any county to which the Unincorporated Town
Government Law applies may adopt ordinances to:
1. Amend the boundaries of any unincorporated town; or
2. Upon request of the respective town boards, merge two or more
unincorporated towns.
Ê Such ordinances may be adopted whether or not the unincorporated town
was created under the provisions of the Unincorporated Town Government
Law.
(Added to NRS by 1977, 579; A 1979, 1168)
An unincorporated town operating
pursuant to the provisions of the Unincorporated Town Government Law may
be dissolved by resolution of the board of county commissioners following
a public hearing at which residents of the town are given an opportunity
to speak. The resolution must specify the reasons for the dissolution.
(Added to NRS by 1975, 1349; A 1979, 1168)
ANNEXATION
In a county
whose population is less than 400,000, those areas, including
subdivisions, which are adjacent or contiguous to an unincorporated town
whose population is less than 25,000, and which require substantially all
of the services described in NRS 269.575 , may be annexed by the unincorporated town by
ordinance adopted by the town board or the board of county commissioners.
The ordinance must contain a provision requiring that the town boundary
be surveyed, mapped, platted and so enlarged as to include the area to be
annexed. Upon filing of the plat or map of the town, including the area
annexed, it constitutes the legal boundary of the town.
(Added to NRS by 1979, 279; A 1979, 1333; 1989, 1916)
Proceedings to initiate any annexation authorized by NRS 269.650 may be commenced by:
1. Petition of a majority of the taxpayers residing in the area to
be annexed;
2. Recommendation of the county planning commission;
3. Resolution of the town board or the board of county
commissioners,
Ê or by any combination thereof.
(Added to NRS by 1979, 279; A 1985, 710)
