SUMMARY--Makes various changes to charter of Carson City. (BDR S-384)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to Carson City; authorizing the board of supervisors of Carson City to adopt master plans relating to the growth and development of the city; authorizing the board of supervisors to suspend, cancel or revoke any business license for just cause; providing that the justices of the peace of Carson City are ex officio judges of the municipal court; providing that the municipal court consists of at least two departments; authorizing the board of supervisors to establish a third department of the municipal court; providing that candidates for the office of supervisor, trustee of the school district and, if elected, trustee of a hospital district, must be voted upon in the primary election by the registered voters of the respective wards or election districts which the candidates represent; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Section 2.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 118, Statutes of Nevada 1985, at page 474, is hereby amended to read as follows:
Sec. 2.010 Board of supervisors: Qualifications; election; term of office.
1. The legislative power of Carson City is vested in a board of supervisors consisting of five supervisors, including the mayor.
2. The mayor must be:
(a) An actual and bona fide resident of Carson City for at least 6 months immediately preceding his election.
(b) A qualified elector within Carson City.
3. Each supervisor must be:
(a) An actual and bona fide resident of Carson City for at least 6 months immediately preceding his election.
(b) A qualified elector within the ward which he represents.
(c) A resident of the ward which he represents, except that changes effected in the boundaries of a ward pursuant to the provisions of section 1.060 do not affect the right of any elected supervisor to continue in office for the term for which he was elected.
4. All supervisors, including the mayor, [must be voted upon by the registered voters of Carson City at large and shall] serve for terms of 4 years.
Sec. 2 Section 2.220 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 299, is hereby amended to read as follows:
Sec. 2.220 Power of board: Zoning and planning.
1. The board may:
(a) Divide Carson City into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within [such] those districts.
(b) Adopt master plans for Carson City which will serve as a pattern and guide for the kind of orderly physical growth and development of the city that will minimize impairment of the city's natural resources.
(c) Establish and adopt ordinances and regulations relating to the subdivision of land.
2. The board shall carry out the provisions of subsection 1 in the manner prescribed by [chapter] chapters 278 and 278A of NRS.
Sec. 3 Section 2.260 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 300, is hereby amended to read as follows:
Sec. 2.260 Power of board: Licensing, regulation and prohibition of trades, professions and businesses.
1. The board may fix, impose and collect a license tax for revenue upon, or regulate:
(a) Or both, all trades, callings, professions and businesses, conducted in whole or in part within Carson City [; but] , except that no person licensed by an agency of the State of Nevada to practice any profession except gaming may be denied a license to conduct his profession or required to pay a license tax except for revenue.
(b) Or both, all businesses selling alcoholic liquors at wholesale or retail, or prohibit or suppress such businesses.
(c) Or prescribe the location of all gaming establishments, or any combination of these, or may prohibit gambling and gaming of all kinds, and all games of chance.
2. The board may provide for the issuance of all licenses authorized in this section and the time and manner in which they will be issued.
3. The board may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
4. The board may, for just cause, suspend, cancel or revoke any business license.
Sec. 4 Section 4.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 118, Statutes of Nevada 1985, at page 477, is hereby amended to read as follows:
Sec. 4.030 Municipal court: Judges.
1. The [justice] justices of the peace of Carson City [is] are ex officio [a judge] judges of the municipal court of Carson City [.] , which consists of at least two departments.
2. The board of supervisors may by ordinance establish a [second] third department of the municipal court. The judge of this department , if established, is the police judge and must be:
(a) A resident of Carson City for a continuous 6-month period immediately preceding his election.
(b) A qualified elector.
3. The police judge serves for a term of 4 years.
4. The board may appoint a municipal judge for a part-time or temporary position. The board shall establish the hours of service for this position.
[4.] 5. The salary of the judges of the municipal court must be fixed by the board and be paid in the same manner as provided for other elected officers.
Sec. 5 Section 5.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 517, Statutes of Nevada 1979, at page 1001, is hereby amended to read as follows:
Sec. 5.010 Primary election.
1. A primary election must be held on the date fixed by the Nevada election laws, at which time there must be nominated candidates for offices to be voted for at the next general election.
2. A candidate for any office to be voted for at any primary election shall file a declaration or acceptance of candidacy as provided by the Nevada election laws.
3. A candidate for mayor, supervisor, police judge or any other office not otherwise provided for by law shall pay to the clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by chapter 293 of NRS for county offices.
4. All candidates for the office of mayor , and [supervisor and] candidates for the office of police judge if a [second] third department of the municipal court has been established , must be voted upon by the registered voters of Carson City at large.
5. All candidates for the office of:
(a) Supervisor;
(b) Trustee of the Carson City school district; or
(c) Trustee of a hospital district, if such a district has been created and the trustees are elected,
must be voted upon by the registered voters of the respective wards or election districts which the candidates represent.
6. If only two persons file for a particular office, their names must not appear on the primary ballot but their names must be placed on the ballot for the general election.
[6.] 7. If in the primary election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate his name alone must be placed on the ballot for the general election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes must be placed on the ballot for the general election.
Sec. 6 Section 5.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 517, Statutes of Nevada 1979, at page 1001, is hereby amended to read as follows:
Sec. 5.020 General election.
1. A general election must be held in Carson City on the 1st Tuesday after the 1st Monday in November 1970, and on the same day every 2 years thereafter, at which time there must be elected such officers, the offices of which are required next to be filled by election.
2. All candidates for the office of [mayor and supervisor, and all candidates for the office of police] :
(a) Mayor;
(b) Supervisor;
(c) Police judge , if a [second] third department of the municipal court has been established ;
(d) Trustee of the Carson City school district; and
(e) Trustee of a hospital district, if such trustees are elected,
must be voted upon by the registered voters of Carson City at large. [The members of the board, including the mayor, and the police judge shall serve for terms of 4 years.]
Sec. 7 If the board of supervisors establishes a third department of the municipal court, it may:
1. Cause the third department to be established immediately after the next following municipal election and provide for the nomination of candidates and the election of the police judge at that election; or
2. Appoint a police judge to serve until a police judge is elected at the next municipal election.