Senate Bill No. 47

Senate Bill No. 47-Committee on Government Affairs

(On Behalf of the Administrative Office of the Courts)

January 29, 1997
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Referred to Committee on Government Affairs

SUMMARY--Limits ordinances for which incorporated city may impose civil liability to city instead of criminal sanction for certain violations. (BDR 21-357)

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 incorporated cities; limiting the authority of an incorporated city to adopt an ordinance that imposes a civil liability to the city instead of a criminal sanction for certain violations; 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 NRS 268.019 is hereby amended to read as follows:
268.019 [The]
1. If the governing body of an incorporated city [may] by ordinance establishes as a city misdemeanor offense an offense which is a misdemeanor pursuant to NRS 484.395 to 484.444, inclusive, the governing body may provide that the violation of [a particular ordinance of such governing body] that ordinance imposes a civil liability to the city in an amount not to exceed $500 instead of a criminal sanction.
2. No other ordinance of an incorporated city may, for a violation of the ordinance, impose a civil liability to the city instead of a criminal sanction if the violation of the ordinance also constitutes a violation of the penal laws of this state.
Sec. 2 1. Notwithstanding the amendatory provisions of section 1 of this act, if an ordinance of an incorporated city has been adopted before the effective date of this act and that ordinance, in violation of the amendatory provisions of section 1 of this act, imposes a civil liability to the city instead of a criminal sanction for a violation of that ordinance, the ordinance remains valid and enforceable until the date the governing body of the city adopts a similar ordinance which imposes a criminal sanction for a violation of that ordinance or January 1, 1998, whichever occurs first.
2. The provisions of subsection 1 and the amendatory provisions of section 1 of this act do not bar or otherwise affect the prosecution of an action that is predicated upon the violation of an ordinance of an incorporated city which is rendered invalid and unenforceable because of those provisions if the violation of the ordinance occurred before the date the governing body of the city adopts a similar ordinance which imposes a criminal sanction for the violation of that ordinance or January 1, 1998, whichever occurs first.
Sec. 3 This act becomes effective upon passage and approval.