[Rev. 11/21/2013 10:29:12 AM--2013]

CHAPTER 269 - UNINCORPORATED TOWNS

APPLICABILITY OF CHAPTER

NRS 269.010           Automatic application to disincorporated cities or towns, and towns formed by board of county commissioners; petition required in certain towns or cities.

NRS 269.011           Applicability of NRS 269.016 to 269.022, inclusive, and 269.024 to 269.0248, inclusive.

BOUNDARIES

NRS 269.012           Boundaries fixed when city disincorporates; effect of annexation by city.

NAME; SEAL

NRS 269.013           Name: Unlawful use by another political subdivision.

NRS 269.014           Seal.

TOWN BOARD FORM OF GOVERNMENT

NRS 269.016           Establishment of elected town board.

NRS 269.0165         Adoption by initiative petition; procedures for appointment or election of initial members of town board.

NRS 269.0166         Additional qualifications of voters in election on initiative petition.

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

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

NRS 269.018           Members of town board: Terms of office; vacancies.

NRS 269.019           Chair and town clerk: Selection; duties.

NRS 269.0205         Single candidate declared elected.

NRS 269.021           Effective date of ordinance or other action.

NRS 269.022           Discontinuance of elected town board: Procedure.

CITIZENS’ ADVISORY COUNCIL

NRS 269.024           Creation by board of county commissioners.

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

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

NRS 269.0246         Responsibilities of board of county commissioners unaffected.

NRS 269.0248         Creation of additional councils under original ordinance.

OFFICERS AND EMPLOYEES

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

NRS 269.030           Duties of county clerk.

NRS 269.035           Duties of county treasurer.

NRS 269.040           Duties of other county officers; compensation.

NRS 269.070           Nevada Ethics in Government Law inapplicable to certain transactions.

NRS 269.071           Member of town board or county commissioner not to become contractor under certain contracts; penalties. [Effective through December 31, 2013.]

NRS 269.071           Member of town board or county commissioner not to become contractor under certain contracts; penalties. [Effective January 1, 2014.]

NRS 269.072           Town officer not to be interested in certain contracts and purchases; penalties. [Effective through December 31, 2013.]

NRS 269.072           Town officer not to be interested in certain contracts and purchases; penalties. [Effective January 1, 2014.]

NRS 269.073           Avoidance of unlawful contract.

NRS 269.075           Town treasurer may refuse to redeem warrants.

NRS 269.080           Officers may sell indebtedness for personal services rendered.

NRS 269.082           Deduction from employee’s salary for service as volunteer firefighter or volunteer driver or attendant prohibited.

NRS 269.083           Public hearing for dismissed employee.

FINANCES

NRS 269.085           Claims against town: Auditing; allowance.

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

NRS 269.100           Transfer of surplus money to other funds.

NRS 269.105           Expenses and salaries paid from general fund; form and payment of warrants; chair of county commissioners to examine books and make report; reports to town boards.

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

TAXATION

NRS 269.115           Power of county commissioners to levy taxes.

NRS 269.120           Levy and collection of taxes.

PUBLIC WORKS

NRS 269.122           Town’s powers subordinate to powers of Nevada Tahoe Regional Planning Agency. [Effective: (1) upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; or (2) October 1, 2015, unless: (a) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (b) before October 1, 2015, the amendments to the Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or (3) October 1, 2017, if: (a) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; and (b) the amendments to the Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]

NRS 269.123           Town’s powers subordinate to powers of regional planning agency. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or effective through September 30, 2017, if: (1) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]

PROPERTY, PUBLIC SERVICES AND FRANCHISES

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

NRS 269.127           Provision of translator signals for television or FM radio broadcasts.

NRS 269.128           Displacement or limitation of competition: Services.

NRS 269.129           Displacement or limitation of competition: Methods.

CONDEMNATION OF PROPERTY FOR TOWN’S USE

NRS 269.130           Power of board of county commissioners.

NRS 269.135           Procedure.

SUITS AND PROSECUTIONS

NRS 269.140           Powers and duties of town board or board of county commissioners.

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

PRINTING

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

ORDINANCES

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

NRS 269.160           Punishment for breach of ordinance.

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

TOWN CODE

NRS 269.166           Revision and codification of general ordinances; arrangement, publication and sale of code.

NRS 269.167           Adoption by ordinance; procedure; effective date.

NRS 269.168           Filing with Librarian of Supreme Court Law Library.

NRS 269.169           Amendment and extension; procedure.

LICENSING AND REGULATION OF PROFESSIONS, TRADES AND BUSINESSES

NRS 269.170           Powers of town board or board of county commissioners; application for certain licenses; imposition of license tax; license tax as lien; exchange of information concerning tax or taxpayer with Department of Taxation.

NRS 269.171           Payment of child support: Statement by applicant for license, permit or certificate; grounds for denial of license, permit or certificate; duty of town board or board of county commissioners. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 269.172           Suspension of license, certificate or permit for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license, certificate or permit. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 269.173           Application for license, certificate or permit must include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 269.175           Power to license, regulate or suppress certain businesses.

NRS 269.180           Issuance of licenses: Terms and amounts.

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

VEHICLES AND TRAFFIC

NRS 269.185           Power to regulate vehicular traffic; ordinances; posting informational signs and other devices at school zones and school crossing zones.

PUBLIC HEALTH, SAFETY AND MORALS

NRS 269.190           Board of health: Power to establish and maintain.

NRS 269.195           Animals running at large.

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

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

NRS 269.210           Abatement of nuisance: Procedure; costs.

NRS 269.215           Disorderly conduct: Prevention and punishment.

NRS 269.217           Loitering and prowling ordinances: Enactment and enforcement by town board or board of county commissioners.

NRS 269.220           Regulation of storage of explosive and combustible materials.

NRS 269.222           Limited authority to regulate firearms; restrictions concerning registration of firearms in town in county whose population is 700,000 or more.

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

NRS 269.227           Ordinance for control of rabies.

NRS 269.230           Duties of certain officers concerning riotous assembly; penalty.

POLICE PROTECTION

NRS 269.235           Police officers: Appointment; bond; salaries; duties.

NRS 269.240           Tax for support of police department; police department fund; appointment of police officers; applicability of section.

NRS 269.245           Prevention of breach of the peace.

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

FIRE PROTECTION

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

NRS 269.255           Tax for benefit of fire department; fire department fund.

NRS 269.260           Ex officio fire wardens: Appointment; duties.

NRS 269.265           Failure to repair defective fixture: Penalty.

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

GENERAL OBLIGATION BONDS FOR PUBLIC IMPROVEMENTS AND FACILITIES

NRS 269.400           “Town” defined.

NRS 269.405           Powers of board to make public improvements.

NRS 269.410           Issuance of general and special obligations.

NRS 269.415           Applicability of Local Government Securities Law.

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

NRS 269.425           Town’s debt limit.

NRS 269.470           Authority to issue general obligation bonds and securities independent and complete.

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

General Provisions

NRS 269.500           Short title.

NRS 269.505           Definitions.

NRS 269.510           “Board” defined.

NRS 269.515           “Town advisory board” defined.

NRS 269.520           “Unincorporated town” defined.

NRS 269.525           Legislative findings and declaration.

NRS 269.530           Applicability of Unincorporated Town Government Law.

 

Formation of Unincorporated Towns

NRS 269.535           Methods.

NRS 269.540           Initiative petition: Use; procedure; number of signatures required.

NRS 269.545           Initiative petition: Contents.

NRS 269.550           Procedure following presentation of petition: Adoption of ordinance; submission of question to voters.

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

NRS 269.560           Voter’s approval; adoption of ordinance.

NRS 269.563           Formation of town in area that contains no residents in county whose population is 700,000 or more.

NRS 269.565           Formation of town when certain services required by law.

NRS 269.570           Amendment of ordinance to adjust list of services.

 

Services

NRS 269.575           Town services.

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

 

Town Advisory Boards

NRS 269.576           County whose population is 700,000 or more: Appointment or election; terms; chair; removal or vacancy; notice of expiration of term or vacancy; duties; compensation.

NRS 269.577           County whose population is less than 700,000: Appointment or election of members; removal or vacancy; compensation; duties.

NRS 269.578           County whose population is less than 700,000: Terms of members.

NRS 269.579           Mandatory training for members.

NRS 269.580           Management of designated services.

NRS 269.585           Notice and information to be provided to town advisory board.

NRS 269.590           Participation in budget and ordinances for town.

NRS 269.595           Control of unappropriated money.

NRS 269.600           Bylaws for internal governance.

 

Ordinances

NRS 269.605           Availability.

NRS 269.610           Codification; publication.

 

Miscellaneous Provisions

NRS 269.615           Audits.

NRS 269.617           Powers relating to planning, subdivision regulation and zoning subordinate in region for which Spring Mountains National Recreation Area and Red Rock Canyon Conservation Area and Adjacent Lands Act establish limits upon development.

NRS 269.620           Property.

NRS 269.623           Alteration of boundaries; merger of towns.

NRS 269.625           Dissolution.

ANNEXATION

NRS 269.650           Annexation by town whose population is less than 25,000 in county whose population is less than 700,000: Ordinance; boundaries.

NRS 269.652           Annexation by town whose population is less than 25,000 in county whose population is less than 700,000: Commencement of proceedings to initiate.

NRS 269.654           Annexation by town whose population is less than 25,000 in county whose population is less than 700,000: Notice.

NRS 269.660           Annexation by town in county whose population is 700,000 or more: Privileges, benefits and obligations of annexed territory and its inhabitants; municipal taxes.

_________

 

APPLICABILITY OF CHAPTER

      NRS 269.010  Automatic application to disincorporated cities or towns, and towns formed by board of county commissioners; petition required in certain towns or cities.

      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 700,000 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; 2011, 1165)

      NRS 269.011  Applicability of NRS 269.016 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

      NRS 269.012  Boundaries fixed when city disincorporates; effect of annexation by city.

      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

      NRS 269.013  Name: Unlawful use by another political subdivision.  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)

      NRS 269.014  Seal.  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

      NRS 269.016  Establishment of elected town board.  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)

      NRS 269.0165  Adoption by initiative petition; procedures for appointment or election of initial members of town board.

      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)

      NRS 269.0166  Additional qualifications of voters in election on initiative petition.  In addition to the qualifications prescribed in NRS 293.485 for electors in all elections, a person may vote in an election held pursuant to NRS 269.0165 only if the person 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)

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

      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)

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

      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 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 or her 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)

      NRS 269.018  Members of town board: Terms of office; vacancies.

      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 the member 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.

      3.  A vacancy in the position of a member of a town board must be filled pursuant to the provisions of NRS 245.170.

      (Added to NRS by 1967, 1723; A 1985, 2311; 1989, 2174; 1991, 467; 2013, 468)

      NRS 269.019  Chair and town clerk: Selection; duties.

      1.  The town board shall choose one of its members to act as chair 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 or her salary.

      2.  The chair of the town board shall:

      (a) Preside over meetings of the town board.

      (b) Perform other duties assigned by the board.

      3.  The town clerk shall:

      (a) Perform the duties required or authorized to be performed 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)

      NRS 269.0205  Single candidate declared elected.  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)

      NRS 269.021  Effective date of ordinance or other action.  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)

      NRS 269.022  Discontinuance of elected town board: Procedure.  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

      NRS 269.024  Creation by board of county commissioners.  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)

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

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

      NRS 269.0246  Responsibilities of board of county commissioners unaffected.  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)

      NRS 269.0248  Creation of additional councils under original ordinance.  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

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

      1.  The town board or board of county commissioners 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 chair 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)

      NRS 269.030  Duties of county clerk.  The county clerk in each of the counties of this state shall:

      1.  Perform the duties required or authorized to be performed under and by virtue of the provisions of this chapter.

      2.  Be held liable on an 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]

      NRS 269.035  Duties of county treasurer.  The county treasurer in each of the counties of this state shall:

      1.  Perform the duties required or authorized to be performed under and by virtue of the provisions of this chapter.

      2.  Be held liable on an official bond for the faithful performance of such duties.

      3.  Pay any fee 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]

      NRS 269.040  Duties of other county officers; compensation.

      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 them, under and by virtue of the provisions of this chapter, and shall be held liable on their official 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 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]

      NRS 269.070  Nevada Ethics in Government Law inapplicable to certain transactions.  The provisions of the Nevada Ethics in Government Law, chapter 281A of NRS, 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 the town officer may receive for his or her services, but none other.

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

      NRS 269.071  Member of town board or county commissioner not to become contractor under certain contracts; penalties. [Effective through December 31, 2013.]

      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 or she 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 or her office.

      (Added to NRS by 1977, 1111)

      NRS 269.071  Member of town board or county commissioner not to become contractor under certain contracts; penalties. [Effective January 1, 2014.]

      1.  Except as otherwise provided in NRS 281.230, 281A.430 and 332.800, 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 or she is a member, or to be interested, directly or indirectly, as principal in any kind of contract so authorized.

      2.  Any person who violates this section is guilty of a gross misdemeanor and shall forfeit his or her office.

      (Added to NRS by 1977, 1111; A 2013, 3786, effective January 1, 2014)

      NRS 269.072  Town officer not to be interested in certain contracts and purchases; penalties. [Effective through December 31, 2013.]

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

      2.  Any person violating subsection 1 is guilty of a gross misdemeanor and shall forfeit his or her office.

      (Added to NRS by 1977, 1111)

      NRS 269.072  Town officer not to be interested in certain contracts and purchases; penalties. [Effective January 1, 2014.]

      1.  Except as otherwise provided in NRS 281.230, 281A.430 and 332.800, it is unlawful for any town officer, directly or indirectly, to be interested in any contract made by the town officer or to be a purchaser or interested in any purchase under a sale made by the town officer in the discharge of his or her official duties.

      2.  Any person who violates this section is guilty of a gross misdemeanor and shall forfeit his or her office.

      (Added to NRS by 1977, 1111; A 2013, 3786, effective January 1, 2014)

      NRS 269.073  Avoidance of unlawful contract.  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)

      NRS 269.075  Town treasurer may refuse to redeem warrants.  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]

      NRS 269.080  Officers may sell indebtedness for personal services rendered.  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]

      NRS 269.082  Deduction from employee’s salary for service as volunteer firefighter or volunteer driver or attendant prohibited.

      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)

      NRS 269.083  Public hearing for dismissed employee.

      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, the dismissed employee 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, the dismissed employee 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

      NRS 269.085  Claims against town: Auditing; allowance.  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)

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

      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 the county treasurer’s 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 the county treasurer by the county auditor of the 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)

      NRS 269.100  Transfer of surplus money to other funds.  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)

      NRS 269.105  Expenses and salaries paid from general fund; form and payment of warrants; chair of county commissioners to examine books and make report; reports to town boards.

      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 a 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 there is money in his or her hands sufficient therefor belonging to the fund upon which it is drawn; but, if there is not, the county treasurer shall endorse on the warrant, “Not paid for want of funds,” adding thereto the date of the endorsement and signing his or her name officially to the same; and thereafter the county treasurer shall pay the warrant out of the first money applicable thereto coming into his or her 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 or her 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 or her name officially thereto, and the warrant, thus cancelled, shall be a sufficient voucher for the county treasurer for the official settlement, which settlement shall be made in time and manner as provided for settlement for county funds.

      7.  The chair 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 the hands of the county treasurer, 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)

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

      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.

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

Chair 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

      NRS 269.115  Power of county commissioners to levy taxes.

      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)

      NRS 269.120  Levy and collection of taxes.

      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, 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 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

      NRS 269.122  Town’s powers subordinate to powers of Nevada Tahoe Regional Planning Agency. [Effective: (1) upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; or (2) October 1, 2015, unless: (a) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (b) before October 1, 2015, the amendments to the Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or (3) October 1, 2017, if: (a) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; and (b) the amendments to the Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]  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; 2011, 3739; 2013, 2367, effective: (1) upon the proclamation by the Governor of this State of the withdrawal by the State of California from the Tahoe Regional Planning Compact or of a finding by the Governor of this State that the Tahoe Regional Planning Agency has become unable to perform its duties or exercise its powers; or (2) October 1, 2015, unless: (a) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (b) before October 1, 2015, the amendments to the Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or (3) October 1, 2017, if: (a) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; and (b) by July 1, 2015, the amendments to the Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017)

      NRS 269.123  Town’s powers subordinate to powers of regional planning agency. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or effective through September 30, 2017, if: (1) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]  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; R 2011, 3740; 2013, 2366, 2367, effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or effective October 1, 2017, if (1) on or before January 1, 2014, the Governor of this State does not issue a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; and (2) the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are not approved pursuant to Public Law 96-551, the State of California has not enacted amendments that are substantially identical to those amendments, and the governing board of the Tahoe Regional Planning Agency has not adopted an update to the 1987 Regional Plan by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017; A 2013, 2366, 2367, 3838)

PROPERTY, PUBLIC SERVICES AND FRANCHISES

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

      NRS 269.127  Provision of translator signals for television or FM radio broadcasts.

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

      (a) Make application for and hold any license 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)

      NRS 269.128  Displacement or limitation of competition: Services.  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 277A.330, construction and maintenance of benches and shelters for passengers of public mass transportation.

      (Added to NRS by 1985, 1243; A 2001, 845; 2005, 2319; 2009, 851)

      NRS 269.129  Displacement or limitation of competition: Methods.  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

      NRS 269.130  Power of board of county commissioners.  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)

      NRS 269.135  Procedure.

      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 or herself 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 the party.

      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 agent or attorney thereof, 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 the person or persons 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

      NRS 269.140  Powers and duties of town board or board of county commissioners.

      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)

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

      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 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

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

      1.  Except as otherwise provided in this section and NRS 344.050, all public printing 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

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

      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 chair of the town board and attested to by the town clerk, or signed by the chair 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)

      NRS 269.160  Punishment for breach of ordinance.  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)

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

      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 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

      NRS 269.166  Revision and codification of general ordinances; arrangement, publication and sale of 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)

      NRS 269.167  Adoption by ordinance; procedure; effective date.

      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)

      NRS 269.168  Filing with Librarian of Supreme Court Law Library.  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)

      NRS 269.169  Amendment and extension; procedure.  The town code may, by ordinance regularly passed, adopted and published, be amended or extended. All general ordinances passed after the adoption of a town code shall 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

      NRS 269.170  Powers of town board or board of county commissioners; application for certain licenses; imposition of license tax; license tax as lien; exchange of information concerning tax or taxpayer with Department of Taxation.

      1.  Except as otherwise provided in subsection 5 and NRS 576.128, 598D.150 and 640C.100, the town board or board 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, lodging houses, 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 or her 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)

      NRS 269.171  Payment of child support: Statement by applicant for license, permit or certificate; grounds for denial of license, permit or certificate; duty of town board or board of county commissioners. [Effective until the date of the repeal of 42 U.S.C. § 666, 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 or she 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 or she 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)

      NRS 269.172  Suspension of license, certificate or permit for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license, certificate or permit. [Effective until the date of the repeal of 42 U.S.C. § 666, 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)

      NRS 269.173  Application for license, certificate or permit must include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, 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)

      NRS 269.175  Power to license, regulate or suppress certain businesses.  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)

      NRS 269.180  Issuance of licenses: Terms and amounts.  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)

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

      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

      NRS 269.185  Power to regulate vehicular traffic; ordinances; posting informational signs and other devices at school zones and school crossing zones.

      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

      NRS 269.190  Board of health: Power to establish and maintain.  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)

      NRS 269.195  Animals running at large.  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)

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

      1.  The town board or board of county commissioners shall, when petitioned by 25 percent of the taxpayers of any town or voting 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 chair 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)

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

      NRS 269.210  Abatement of nuisance: Procedure; costs.

      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]

      NRS 269.215  Disorderly conduct: Prevention and punishment.  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)

      NRS 269.217  Loitering and prowling ordinances: Enactment and enforcement by town board or board of county commissioners.  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)

      NRS 269.220  Regulation of storage of explosive and combustible materials.  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)

      NRS 269.222  Limited authority to regulate firearms; restrictions concerning registration of firearms in town in county whose population is 700,000 or more.

      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. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

      2.  A town board may proscribe by ordinance or regulation the unsafe discharge of firearms.

      3.  If a town board in a county whose population is 700,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the town board shall amend such an ordinance or regulation to require:

      (a) A period of at least 60 days of residency in the town before registration of such a firearm is required.

      (b) A period of at least 72 hours for the registration of a pistol by a resident of the town upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

      4.  Except as otherwise provided in subsection 1, as used in this section:

      (a) “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

      (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

      (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

      (Added to NRS by 1989, 652; A 2007, 1290; 2011, 1165)

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

      NRS 269.227  Ordinance for control of rabies.  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)

      NRS 269.230  Duties of certain officers concerning riotous assembly; penalty.

      1.  When six or more persons, whether armed or not, shall be unlawfully or riotously assembled in any town, the sheriff of the county and the sheriff’s 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 the magistrate or officer can with safety, and to exercise the authority with which the magistrate or officer is invested for suppressing the same and arresting the offenders, the magistrate or officer 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

      NRS 269.235  Police officers: Appointment; bond; salaries; duties.

      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 or her 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)

      NRS 269.240  Tax for support of police department; police department fund; appointment of police officers; applicability of section.

      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 police officers, 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 police officers and appoint others in their place, whenever the board deems it necessary for the public good. The police officers shall serve within the limits of the unincorporated town. The board of county commissioners may appoint such other special police officers 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 police officers 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 police officers, 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)

      NRS 269.245  Prevention of breach of the peace.  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 the officer 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)

      NRS 269.247  Accident reports and related materials: Provision upon receipt of reasonable fee; exceptions.  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 the person’s legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person, the person’s 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

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

      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)

      NRS 269.255  Tax for benefit of fire department; fire department fund.

      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)

      NRS 269.260  Ex officio fire wardens: Appointment; duties.

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

      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 police officers, 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)

      NRS 269.265  Failure to repair defective fixture: Penalty.  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)

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

      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

      NRS 269.400  “Town” defined.  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)

      NRS 269.405  Powers of board to make public improvements.  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)

      NRS 269.410  Issuance of general and special obligations.  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)

      NRS 269.415  Applicability of Local Government Securities Law.  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)

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

      NRS 269.425  Town’s debt limit.  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)

      NRS 269.470  Authority to issue general obligation bonds and securities independent and complete.  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  Short title.  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)

      NRS 269.505  Definitions.  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)

      NRS 269.510  “Board” defined.  “Board” means the board of county commissioners.

      (Added to NRS by 1975, 1345)

      NRS 269.515  “Town advisory board” defined.  “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)

      NRS 269.520  “Unincorporated town” defined.  “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)

      NRS 269.525  Legislative findings and declaration.

      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)

      NRS 269.530  Applicability of Unincorporated Town Government Law.  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

      NRS 269.535  Methods.  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)

      NRS 269.540  Initiative petition: Use; procedure; number of signatures required.

      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)

      NRS 269.545  Initiative petition: Contents.

      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)

      NRS 269.550  Procedure following presentation of petition: Adoption of ordinance; submission of question to voters.

      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)

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

      NRS 269.560  Voter’s approval; adoption of ordinance.  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)

      NRS 269.563  Formation of town in area that contains no residents in county whose population is 700,000 or more.

      1.  The board of county commissioners of a county whose population is 700,000 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 or her consent before adoption of the ordinance creating the unincorporated town, the owner’s 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; A 2011, 1166)

      NRS 269.565  Formation of town when certain services required by law.

      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)

      NRS 269.570  Amendment of ordinance to adjust list of services.  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

      NRS 269.575  Town 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)

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

      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

      NRS 269.576  County whose population is 700,000 or more: Appointment or election; terms; chair; removal or vacancy; notice of expiration of term or vacancy; duties; compensation.

      1.  Except as appointment may be deferred pursuant to NRS 269.563, the board of county commissioners of any county whose population is 700,000 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 chair from among the members of the town advisory board for a term of 2 years, and, if a vacancy occurs in the office of chair, for the election of a chair from among the members for the remainder of the unexpired term. The ordinance must also provide that a chair is not eligible to succeed himself or herself for a term of office as chair.

      2.  The members of a town advisory board serve at the pleasure of the board of county commissioners. If a member is removed, or if the position of a member otherwise becomes vacant, 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; 2011, 1166; 2013, 469)

      NRS 269.577  County whose population is less than 700,000: Appointment or election of members; removal or vacancy; compensation; duties.

      1.  The board of county commissioners of any county whose population is less than 700,000 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 the removal of the member is in the best interest of the residents of the unincorporated town.

      (c) The appointment by the board of county commissioners of a member to serve the unexpired term of a member of the town advisory board removed pursuant to the provisions of paragraph (b) or whose position otherwise becomes vacant.

      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; 2011, 1167; 2013, 469)

      NRS 269.578  County whose population is less than 700,000: Terms of members.

      1.  The board of county commissioners of any county whose population is less than 700,000 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; 2011, 1167)

      NRS 269.579  Mandatory training for members.  Each member of a town advisory board shall, at least once during the first year of the member’s initial term of office and at least once during every subsequent year that the member 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)

      NRS 269.580  Management of designated services.  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)

      NRS 269.585  Notice and information to be provided to town advisory board.  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)

      NRS 269.590  Participation in budget and ordinances for town.

      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)

      NRS 269.595  Control of unappropriated money.  Any nonappropriated funds available for town purposes may be expended at the discretion of the town advisory board.

      (Added to NRS by 1975, 1349)

      NRS 269.600  Bylaws for internal governance.  Each town advisory board shall establish bylaws for town meetings and other matters of internal governance.

      (Added to NRS by 1975, 1349)

Ordinances

      NRS 269.605  Availability.  Copies of the ordinances of an unincorporated town shall be available from the chair of the town advisory board or from the county clerk.

      (Added to NRS by 1975, 1349)

      NRS 269.610  Codification; publication.

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

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

      (Added to NRS by 1975, 1349)

      NRS 269.617  Powers relating to planning, subdivision regulation and zoning subordinate in region for which Spring Mountains National Recreation Area and Red Rock Canyon Conservation Area and Adjacent Lands Act establish limits upon development.  In the region of this state for which the Spring Mountains National Recreation Area Act and the Red Rock Canyon Conservation Area and Adjacent Lands Act establish 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; A 2009, 735)

      NRS 269.620  Property.  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)

      NRS 269.623  Alteration of boundaries; merger of towns.  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)

      NRS 269.625  Dissolution.  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

      NRS 269.650  Annexation by town whose population is less than 25,000 in county whose population is less than 700,000: Ordinance; boundaries.  In a county whose population is less than 700,000, 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; 2011, 1168)

      NRS 269.652  Annexation by town whose population is less than 25,000 in county whose population is less than 700,000: Commencement of proceedings to initiate.  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)

      NRS 269.654  Annexation by town whose population is less than 25,000 in county whose population is less than 700,000: Notice.  If a town board or board of county commissioners proposes to adopt an ordinance that provides for the annexation of an area by an unincorporated town pursuant to NRS 269.650, the town board or board of county commissioners shall, at the time the title and summary of the proposed ordinance are published in a newspaper pursuant to NRS 269.155:

      1.  Send a copy of the proposed ordinance by certified mail, return receipt requested, to each owner of real property in the area proposed to be annexed; and

      2.  Post a notice of the proposed annexation on the Internet website, if any, established and maintained by the town board or board of county commissioners.

      (Added to NRS by 2011, 586)

      NRS 269.660  Annexation by town in county whose population is 700,000 or more: Privileges, benefits and obligations of annexed territory and its inhabitants; municipal taxes.  In a county whose population is 700,000 or more, from and after the effective date of the annexation of territory by an unincorporated town, the territory annexed and its inhabitants and property are subject to all debts, laws, ordinances and regulations in force in the annexing unincorporated town and are entitled to the same privileges and benefits as other parts of the annexing unincorporated town. The newly annexed territory is subject to municipal taxes levied by the annexing unincorporated town for the fiscal year following the effective date of annexation.

      (Added to NRS by 2011, 515)