[Rev. 2/28/2019 3:14:50 PM]
κ1967 Statutes of Nevada, Page 1361 (CHAPTER 496, AB 298)κ
(f) If an applicant for a private investigators license, have at least 3 years experience as an investigator, or the equivalent thereof, as determined by the board.
(g) Other requirements as determined by the board.
2. The board when satisfied from recommendations and investigation that the applicant is of good character, competency and integrity, shall issue and deliver a license to the applicant entitling him to conduct the business [of a private detective and investigator during good behavior.] for which he is licensed, for the license period which shall end on July 1 next following.
Sec. 10. NRS 648.120 is hereby amended to read as follows:
648.120 1. No license under this chapter shall be issued until the applicant pays to the board a license fee of [$50.] $75.
2. The license fee shall be due on July 1 of each year, and shall be payable annually. The board may provide that the fee be reduced ratably for portions of the license period.
Sec. 11. NRS 648.130 is hereby amended to read as follows:
648.130 1. No license shall be issued under this chapter until the applicant files with the board a surety bond executed by the applicant, with two or more sureties or by a surety company authorized to do business in this state, [in the sum of $2,000] conditioned for the faithful and honest conduct of the business [of private detective and investigator by the applicant.] for which the applicant is licensed. The amount of the required bond for:
(a) Private investigators and repossessors is $10,000.
(b) Private patrolmen, process servers and polygraph operators is $2,000.
2. The bond as to form, execution and sufficiency of the sureties shall be approved by the chairman of the board.
3. Every licensee shall maintain on file and in full force and effect the surety bond required by this section. Upon failure to do so, the license of such licensee shall be forthwith suspended until such a bond is placed on file.
4. The bond required by this section shall be taken in the name of the people of the State of Nevada, and every person injured by the willful, malicious or wrongful act of the principal may bring an action on the bond in his own name to recover damage suffered by reason of such willful, malicious or wrongful act.
Sec. 12. NRS 648.140 is hereby amended to read as follows:
648.140 1. Any license obtained under the provisions of this chapter gives the licensee or any employee of the licensee authority to [act as a private detective] engage in the type of business for which he is licensed in any county or city in the State of Nevada, subject to county and city ordinances.
2. A licensee may employ, in connection with [the business of private detective,] such business, as many unlicensed persons as may be necessary, but at all times every licensee is accountable for the good conduct of every person employed by him in connection with [the business of private detective.] such business. Each licensee shall furnish the board with the name, physical description and photograph of all unlicensed employees, except clerical personnel, and shall notify the board within 10 days when such employees begin or terminate their employment.
κ1967 Statutes of Nevada, Page 1362 (CHAPTER 496, AB 298)κ
board within 10 days when such employees begin or terminate their employment.
Sec. 13. NRS 648.150 is hereby amended to read as follows:
648.150 The board may discipline any licensee by revoking or suspending his license for any of the following causes:
1. Conviction of a felony or of any offense involving moral turpitude.
2. Violation of any of the provisions of this chapter.
3. A false statement by the licensee that any person is or has been in his employ.
4. Any unprofessional conduct or unfitness of the licensee or any person in his employ.
5. Any false statement or the giving of any false information in connection with an application for a license or a renewal or reinstatement of a license.
6. Any act in the course of the licensees business constituting dishonesty or fraud.
7. Impersonation or aiding and abetting an employee in the impersonation of a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.
8. During the period between the expiration of a license for failure to renew within the time fixed by this chapter and the reinstatement of such license, the commission of any act which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.
9. Willful failure or refusal to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.
10. Commission of assault, battery or kidnaping.
11. Knowing violation of any court order or injunction in the course of business as a licensee.
12. Any act which is a ground for denial of an application for a license under this chapter.
Sec. 14. NRS 648.190 is hereby amended to read as follows:
648.190 This chapter shall not apply:
1. To any detective or officer belonging to the law enforcement agencies of the United States, or of any county or city of the State of Nevada.
2. To special police officers appointed by the police department of any city, county, or city and county within the State of Nevada while any such officer is engaged in the performance of his official duties [.] , or employed as a repossessor by any bank which is organized under the laws of this state or by a national bank which does a banking business in this state.
3. To insurance [investigators or adjustors, provided they are not] adjusters licensed pursuant to, or to associate adjusters as defined in, chapter 685 of NRS who are not otherwise engaged in the business of private investigators.
4. To any person employed as special agent, detective or private investigator for one employer exclusively in connection with the affairs of that employer.
κ1967 Statutes of Nevada, Page 1363 (CHAPTER 496, AB 298)κ
5. To a person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons.
6. To a charitable philanthropic society or association duly incorporated under the laws of this state which is organized and maintained for the public good and not for private profit.
7. To an attorney at law in performing his duties as such.
8. To a collection agency unless engaged in business as a repossessor, licensed by the superintendent of banks, or an employee thereof while acting within the scope of his employment while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his assets and of property which the client has an interest in or lien upon.
9. To admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them.
Sec. 15. Chapter 648 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 32, inclusive, of this act.
Sec. 16. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 17 to 26, inclusive, of this act have the meanings ascribed to them in sections 17 to 26, inclusive, of this act.
Sec. 17. Board means the private investigators licensing board.
Sec. 18. (Deleted by amendment.)
Sec. 19. Licensee means any person licensed under this chapter.
Sec. 20. Manager means the individual under whose direction, control, charge or management the business of a licensee is operated.
Sec. 21. Person means any individual, firm, partnership, association or corporation.
Sec. 22. Polygraph operator means any individual who, for compensation, uses any polygraph or similar device to determine the truth of any statement made by an individual examined by him.
Sec. 23. Private investigator means any person who for any consideration engages in business or accepts employment to furnish, or agrees to make or makes any investigation for the purpose of obtaining, information with reference to:
1. The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person;
2. The location, disposition or recovery of lost or stolen property;
3. The cause or responsibility for fires, libels, losses, accidents or damage or injury to persons or to property; or
4. Security evidence to be used before any court, board, officer or investigating committee.
Sec. 24. Private patrolman means a person engaged in the business of employing and providing for other persons watchmen, guards, patrolmen or other individuals for the purpose of protecting persons or property or to prevent the theft, loss or concealment of property of any kind.
Sec. 25. Process server means a person, other than a peace officer of the State of Nevada, who engages in the business of serving legal papers in any civil matter.
κ1967 Statutes of Nevada, Page 1364 (CHAPTER 496, AB 298)κ
of the State of Nevada, who engages in the business of serving legal papers in any civil matter.
Sec. 26. Repossessor means a person who engages in business or accepts employment to locate or recover personal property which has been sold under a conditional sales agreement or which is subject to any other security interest.
Sec. 27. 1. The license, when issued, shall be in such form as may be determined by the board and shall include:
(a) The name of the licensee.
(b) The name under which the licensee is to operate.
(c) The number and date of the license.
(d) The expiration date of the license.
2. The license shall at all times be posted in a conspicuous place in the principal place of business of the licensee.
3. Upon the issuance of a license, a pocket card of such size, design and content as may be determined by the board shall be issued without charge to each licensee, if an individual, or if the licensee is a person other than an individual, to its manager and to each of its officers, directors and partners, which card shall be evidence that the licensee is duly licensed pursuant to this chapter. When any person to whom a card is issued terminates his position, office or association with the licensee, the card shall be surrendered to the licensee and within 5 days thereafter shall be mailed or delivered by the licensee to the board for cancellation.
4. A licensee shall, within 30 days after such change, notify the board of any and all changes of his address, of the name under which he does business, and of any change in its officers, directors or partners.
5. A license issued under this chapter is not assignable.
Sec. 28. A license issued under the provisions of this chapter and the cards issued pursuant to section 27 of this act shall expire on June 30 of each year. A licensee desiring a renewal of his license shall file an application for renewal on or before June 30 on a form prescribed by the board accompanied by the fee prescribed by NRS 648.120. A renewal license for the next-ensuing year shall then be issued together with renewal cards for the persons described in subsection 3 of section 27 of this act.
Sec. 29. If a licensee fails to renew his license within the time fixed by section 28 of this act, his license shall be automatically forfeited, but may be reinstated within 1 year of the date of the forfeiture upon compliance with the rules and regulations of the board and upon application of the licensee and upon the payment of the reinstatement fee provided by this chapter. Reinstatement of a forfeited license shall not prohibit the bringing of disciplinary proceedings for any act committed during the period of forfeiture.
Sec. 30. 1. Each licensee shall file with the board the complete address of his principal place of business including the name and number of the street, or, if the street where the business is located is not numbered, the number of the post office box. The board may require the filing of other information for the purpose of identifying such principal place of business.
2. Every advertisement by a licensee soliciting or advertising business shall contain his name and address as they appear in the records of the board.
κ1967 Statutes of Nevada, Page 1365 (CHAPTER 496, AB 298)κ
shall contain his name and address as they appear in the records of the board.
Sec. 31. 1. Each licensee shall file in writing with the board the address of each branch office, and within 10 days after the establishment, closing or changing of location of a branch office shall notify the board in writing of such fact.
2. Upon application of a licensee the board may issue branch office certificates.
Sec. 32. 1. Any person who, on the effective date of this act, is duly and regularly licensed to conduct the business of private detective or act in the capacity of private detective under the laws of this state shall not be required to secure an additional license under this chapter. Any person so licensed shall, for all purposes be considered licensed under this chapter for the license period and shall be subject to all provisions thereof.
2. This chapter shall not be construed to interfere with the right of any person to continue to use the business name under which such person was validly licensed on the effective date of this act.
3. Any person who on the effective date of this act is lawfully engaged in this state in any of the occupations required to be licensed under this chapter may be so licensed or may renew such license without regard to any qualification of education or experience prescribed by this chapter, but must possess all other qualifications required.
Sec. 33. NRS 648.010 is hereby repealed.
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Assembly Bill No. 401Committee on Social Welfare
CHAPTER 497
AN ACT relating to foster care of children; providing for the appointment of the welfare division of the department of health and welfare as guardian of certain children; including certain children in definition of dependent child; increasing maximum age to receive foster care; eliminating the necessity of a court order for the welfare division to accept custody of a child; authorizing the welfare division to return a child to his natural home or relative; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 424 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When in the judgment of the court it is in the best interests of a child in the lawful custody of the welfare division of the department of health and welfare, the welfare division may petition for appointment as guardian of the person and estate of such child in the manner provided by chapter 159 of NRS.
2. The clerk of the district court, county clerk, county recorder or other county officer shall not require the payment of any fees or charges by the welfare division for appointment as guardian pursuant to this section and the district court shall waive the furnishing of a bond by the welfare division if it is appointed guardian.
κ1967 Statutes of Nevada, Page 1366 (CHAPTER 497, AB 401)κ
other county officer shall not require the payment of any fees or charges by the welfare division for appointment as guardian pursuant to this section and the district court shall waive the furnishing of a bond by the welfare division if it is appointed guardian.
3. Except as otherwise provided in this section, the welfare division shall comply with all applicable provisions of chapter 159 of NRS.
Sec. 2. NRS 425.030 is hereby amended to read as follows:
425.030 As used in this chapter:
1. Applicant means any person who has applied for assistance under this chapter.
2. Assistance means money payments with respect to, or medical care in behalf of, or any type of remedial care recognized under state law in behalf of, a dependent child or dependent children, and includes money payments or medical care or any type of remedial care recognized under state law for any month to meet the needs of the relative with whom any dependent child is living if money payments have been made with respect to such child for such month.
3. Board means the state welfare board.
4. Department means the department of health, welfare and rehabilitation.
5. Dependent child means a needy child under the age of 16 years, or under the age of 18 years if found by the department to be regularly attending school, and obtaining a passing grade in his studies, who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece, in a place of residence maintained by one or more of such relatives as his or their own home [.] or in a foster home, group care facility or other care center or institution.
6. Director means the director of the department of health, welfare and rehabilitation.
7. Recipient means any person who has received or is receiving assistance.
8. Welfare division means the welfare division of the department of health, welfare and rehabilitation.
Sec. 3. NRS 432.010 is hereby amended to read as follows:
432.010 As used in this chapter:
1. Child means a person less than 18 years of age [.] , or if in school, until graduation from high school.
2. Maintenance means general expenses for care such as board, shelter, clothing, transportation and other necessary or incidental expenses, or any of them, or money payments therefor.
3. Special services means medical, hospital, psychiatric, surgical or dental services, or any combination thereof.
4. Welfare division means the welfare division of the department of health, welfare and rehabilitation.
Sec. 4. NRS 432.020 is hereby amended to read as follows:
432.020 The welfare division is hereby authorized and empowered:
1. To provide maintenance and special services to:
(a) Unmarried mothers and children awaiting adoptive placement.
κ1967 Statutes of Nevada, Page 1367 (CHAPTER 497, AB 401)κ
(b) Handicapped children who are receiving specialized care, training or education.
(c) Children who are placed [by court order] in the custody of the welfare division, and who are placed in foster homes [or] , group care facilities [,] or other care centers or institutions, but payment for children who are placed in the Nevada state childrens home shall be made in accordance with the provisions of NRS 423.210.
(d) Children under the jurisdiction and in the custody of the Nevada youth training center or the Nevada girls training center who are referred to the welfare division as requiring foster home care upon being paroled from such school.
2. To return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days from the placement of the child in the custody of the welfare division, with notification to but without formal application to a court, but the welfare division shall retain the right to custody of the child during such period, until a court of competent jurisdiction determines proper custody of the child.
3. To accept moneys from and cooperate with the United States or any of its agencies in carrying out the provisions of this chapter and of any federal acts pertaining to public child welfare and youth services, including those related to the prevention and treatment of juvenile delinquency and other matters of mutual concern, insofar as such acceptance may be legally delegated by the legislature to the welfare division.
Sec. 5. This act shall become effective at 12:02 a.m. on July 1, 1967.
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Senate Bill No. 515Committee on Judiciary
CHAPTER 498
AN ACT relating to subpenas; to continue the provision for their issuance by the district attorney in certain cases; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 152 of Assembly Bill No. 81 of the 54th session of the Nevada legislature is hereby amended to read as follows:
Section 152. Except as provided in section 91.5 of Assembly Bill No. 81 of the 54th session of the Nevada legislature and section 2 of this amendatory act:
1. A subpena shall be issued by the clerk under the seal of the court. It shall state the name of the court and the title, if any, of the proceeding, and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The clerk shall issue a subpena, signed and sealed but otherwise in blank, to a party requesting it, who shall fill in the blanks before it is served.
2. A subpena shall be issued by a justice of the peace in a proceeding before him, but it need not be under the seal of the court.
κ1967 Statutes of Nevada, Page 1368 (CHAPTER 498, SB 515)κ
Sec. 2. Chapter 174 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The district attorney may issue subpenas subscribed by him for:
1. Witnesses within the state, in support of the prosecution or whom the grand jury may direct to appear before it, upon any investigation pending before the grand jury.
2. Witnesses within the state, in support of an indictment, information or criminal complaint, to appear before the court at which it is to be tried.
3. Witnesses already subpenaed who are required to reappear in any justices court at any time the court is to reconvene in the same case within 60 days, and such time may be extended beyond 60 days upon good cause being shown for its extension.
Sec. 3. This act shall become effective at 12:01 a.m. on January 1, 1968.
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Assembly Bill No. 440Messrs. Ashworth and Bowler
CHAPTER 499
AN ACT to amend the Nevada Industrial Insurance Act by specifying a maximum and minimum wage to be considered in computing premiums due on earnings of corporate officers; providing equal coverage for employees receiving no compensation and those receiving compensation of less than a certain amount per month; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.055 is hereby amended to read as follows:
616.055 Employee and workman are used interchangeably in this chapter and shall be construed to mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. [All officers and members] Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
4. Officers of quasi-public or private corporations who receive pay as provided in the charter or bylaws of the corporation for service performed, provided that a paid corporation officer shall be deemed for the purposes of this chapter to receive a minimum pay of $3,600 per annum and a maximum pay of $15,600 per annum irrespective of the provisions of a corporation charter or bylaws.
5. A working member of a partnership receiving wages, irrespective of profits from such partnership.
κ1967 Statutes of Nevada, Page 1369 (CHAPTER 499, AB 440)κ
[5.] 6. Lessees engaged in either mining or operating reduction plants; provided:
(a) That such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality; and
(b) That the lessor shall be relieved from providing and securing compensation under the terms of this chapter if the lessee had covered itself and its employees under the terms, conditions and provisions of this chapter.
Sec. 2. NRS 616.079 is hereby amended to read as follows:
616.079 1. Members of state departments, boards, commissions, agencies or bureaus appointed by the governor, the legislature or other statutory authority who serve without compensation or who receive less than $250 per month compensation, and the members of the state board of education and the members of the board of regents of the University of Nevada, while engaged in their designated duty as such members, shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this chapter.
2. For the fiscal year commencing July 1, 1961, and for each fiscal year thereafter, each such state department, board, commission, agency or bureau and the state department of education and the board of regents of the University of Nevada shall budget for such premiums in the same manner as other expenditures are budgeted for, and shall pay such premiums out of moneys appropriated therefor in the manner provided in NRS 616.405 to the extent that such provisions are applicable.
Sec. 3. NRS 616.310 is hereby amended to read as follows:
616.310 1. Workmen described in subsection [5] 6 of NRS 616.055 and in NRS 616.065, whose employer is within the provisions of this chapter, shall be reported by the employer separate and apart from those employed at a daily wage, and the report shall describe briefly:
(a) The agreement under which the work is to be performed;
(b) The aggregate number of shifts worked during the preceding month; and
(c) The total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality.
Otherwise the payroll reports and premium payments on earnings of employees described in this section shall be governed by the requirements of this chapter regarding employees engaged at a regular wage.
2. However, any such workmen partnership or lessees, by filing with the commission an acceptance of the provisions of this chapter and by the payment of the premiums in advance upon the estimated earnings of themselves, and any workmen they may employ, may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the person having the work executed, as provided in NRS 616.065, or the lessor, as provided in subsection [5] 6 of NRS 616.055, shall be relieved of this obligation.
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κ1967 Statutes of Nevada, Page 1370κ
Assembly Bill No. 441Messrs. Ashworth and Bowler
CHAPTER 500
AN ACT to amend the Nevada Occupational Diseases Act by providing a maximum and minimum wage to be considered in computing premiums due on earnings of corporate officers; relieving lessors of mining property of the duty to secure insurance in certain cases; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 617.070 is hereby amended to read as follows:
617.070 Employee and workman are used interchangeably in this chapter and shall be construed to mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include [:] , but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. [All officers and members] Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
4. Officers of quasi-public or private corporations who receive pay as provided in the charter or bylaws of the corporation for service performed, provided that a paid corporation officer shall be deemed for the purposes of this chapter to receive a minimum pay of $3,600 per annum and a maximum pay of $15,600 per annum irrespective of the provisions of a corporation charter or bylaws.
5. A working member of a partnership receiving wages, irrespective of profits from such partnership.
[5.] 6. Lessees engaged in either mining or operating reduction plants; provided [, that] :
(a) That such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality [.
6.] ; and
(b) That the lessor shall be relieved from providing and securing compensation under the provisions of this chapter if the lessee has covered itself and its employees under the provisions of this chapter.
7. Volunteer firemen entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070.
Sec. 2. NRS 617.250 is hereby amended to read as follows:
617.250 1. Workmen described in subsection [5] 6 of NRS 617.070 and in NRS 617.090, whose employer is within the provisions of this chapter, shall be reported by the employer separate and apart from those employed at a daily wage, and the report shall describe briefly:
(a) The agreement under which the work is to be performed;
(b) The agreement number of shifts worked during the preceding month; and
(c) The total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality.
κ1967 Statutes of Nevada, Page 1371 (CHAPTER 500, AB 441)κ
average daily wages of workmen engaged in like work in the same locality.
Otherwise, the payroll reports and premium payments on earnings of employees described in this section shall be governed by the requirements of this chapter regarding employees engaged at a regular wage.
2. Any such workmen partnership or lessees, however, by filing with the commission an acceptance of the provisions of this chapter and by the payment of the premiums in advance upon the estimated earnings of themselves, and any workmen they may employ, may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the person having the work executed, as provided in NRS 617.090, or the lessor, as provided in subsection [5] 6 of NRS 617.070, shall be relieved of this obligation.
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Senate Bill No. 371Committee on Legislative Functions
CHAPTER 501
AN ACT authorizing the director of the legislative counsel bureau to designate a deputy director with the consent of the legislative commission; authorizing legislative counsel bureau employees to be paid per diem and travel allowances; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.620 is hereby amended to read as follows:
218.620 1. There is hereby created the Nevada legislative counsel bureau, which shall consist of a legislative commission, a director, a fiscal and auditing division, a legal division and a research division.
2. The fiscal analyst shall be chief of the fiscal and auditing division. The legislative counsel shall be chief of the legal division. The research director shall be chief of the research division.
3. The legislative commission shall:
(a) Appoint the division chiefs and fix their compensation.
(b) Appoint one of the division chiefs director of the legislative counsel bureau, who shall serve as director without additional compensation.
[(c) Designate one of the division chiefs as deputy director of the legislative counsel bureau, who shall serve as deputy director without additional compensation.]
4. The director of the legislative counsel bureau shall, with the consent of the legislative commission, designate one of the division chiefs or an employee of the legislative counsel bureau as deputy director, who shall serve as deputy director without additional compensation.
5. The director of the legislative counsel bureau, [and] the chiefs of the divisions and legislative counsel bureau employees shall be entitled to receive, when engaged in official business for the legislative counsel bureau, travel expenses and subsistence allowances as provided by law.
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κ1967 Statutes of Nevada, Page 1372κ
Senate Bill No. 379Committee on Taxation
CHAPTER 502
AN ACT to amend NRS 370.260, relating to apportionment of the cigarette tax fund, by providing a new method of apportioning the tax among counties and cities.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission.
2. The tax commission shall:
(a) Transmit such payments to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund.
(b) Report to the state controller quarterly the amount of collections. [together with the percentage of sales made during such quarter in each county.]
3. The money in the cigarette tax fund is hereby appropriated to each of the counties in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce and apportioned as follows:
(a) [There is first appropriated from the cigarette tax fund 30 percent thereof, which shall be paid to the general fund of the state.
(b) There is second appropriated from the cigarette tax fund 64.5 percent thereof, which shall be apportioned among and paid monthly to the incorporated cities and the counties of the state on the basis of the population of such cities, and the population of such counties excluding the population of the incorporated cities in such counties, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(c) The remaining 5.5 percent shall be paid quarterly during each fiscal year to the counties of this state in the same proportion that the total taxes collected from the sale of cigarettes in each county during such quarter bears to the total taxes collected from the sale of cigarettes in all counties of this state during such quarter, as certified by the tax commission.] If there are no incorporated cities within the county, the entire amount shall go into the county treasury.
(b) If there is one incorporated city within the county the money shall be apportioned between the city and the county on the basis of the population of such city and the population of such county excluding the population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(c) If there are two or more incorporated cities within the county, the entire amount shall be apportioned among such cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
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κ1967 Statutes of Nevada, Page 1373κ
Senate Bill No. 380Senator Farr
CHAPTER 503
AN ACT to amend NRS 171.155, relating to the definition of peace officers, by extending the definition to include the state fire marshal and his deputies; prohibiting early retirement of the state fire marshal and his deputies; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.155 is hereby amended to read as follows:
171.155 Peace officers are the bailiff of the supreme court, sheriffs of counties, constables, personnel of the Nevada highway patrol when exercising the police powers specified in NRS 181.150 and 481.180, the inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049, special investigators employed by the office of any district attorney or the attorney general, marshals and policemen of cities and towns, respectively, arson investigators for fire departments specially designated by the appointing authority, the state fire marshal, deputies or assistants acting under the authority of the state fire marshal, and members of the University of Nevada police department.
Sec. 2. Chapter 477 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Nothing contained in this chapter or elsewhere in Nevada Revised Statutes shall be construed to authorize the state fire marshal or his deputies or assistants to retire from the public employees retirement system prior to having attained the minimum service retirement age of 60 years.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 392Senator Swobe
CHAPTER 504
AN ACT relating to county gaming license fees; to provide for the payment of all such fees by the calendar quarter.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.390 is hereby amended to read as follows:
463.390 1. Any person, firm, association or corporation desiring to conduct, operate or carry on any gambling game, slot machine or any game of chance shall, upon proper application to the sheriff of the county wherein it is proposed that such slot machine, game or games shall be conducted or operated, be issued a license for each particular device or game or slot machine under the following conditions and regulations:
κ1967 Statutes of Nevada, Page 1374 (CHAPTER 504, SB 392)κ
(a) The person, firm, association or corporation so applying for a license shall furnish a complete description of the particular room and premises in which the licensee desires to carry on or conduct such slot machine, device or game, together with the location of the building, its street number, if such there be, and any other information by which it may be definitely and readily located and recognized.
(b) The person, firm, association or corporation so applying for a license shall state definitely the particular type of slot machine or the particular game or device which the licensee desires to carry on or conduct in the room and premises, and as so stated the same shall be specifically described in and entered upon the license.
(c) Card games, that is, stud and draw poker, bridge, whist, solo, and panguingui for money, shall be licensed independently of other games mentioned in this section, regardless of locality or population, at the rate of $25 per table per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable 3 months in advance.
(d) A license fee of $50 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance, shall be paid to the sheriff for each game or device license issued except those games as otherwise provided for herein and except slot machines. For each money slot machine the license fee shall be $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance. When a combination of units are operated by one handle the license fee shall be the sum of $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance, for each and every unit paying in identical denominations operated thereby.
(e) The license shall entitle the holder or holders, or his or their employee or employees, to carry on, conduct and operate the specific slot machine, game or device for which the license is issued in the particular room and premises described therein, but not for any other slot machine, game or device than that specified therein, or the specified slot machine, game or device in any other place than the room and premises so described, for a period of 3 months next succeeding the date of issuance of the license.
2. The licensee shall be entitled to carry on, conduct and operate two or more slot machines, games or devices mentioned in NRS 463.020, in the same room, by paying the license fee herein provided for, for each slot machine, game or device and otherwise complying with the terms of this section.
3. The sheriff of any county shall not issue the licenses provided for in this section unless the applicant for such licenses shall first have obtained from the commission the licenses provided for in NRS 463.380.
Sec. 2. Monthly license fees payable pursuant to NRS 463.390 shall, upon the next due date following the effective date of this act, be paid in an amount prorated to the end of the calendar quarter during which the payment was due, and thereafter such fees shall be payable for 3 months in advance.
κ1967 Statutes of Nevada, Page 1375 (CHAPTER 504, SB 392)κ
payment was due, and thereafter such fees shall be payable for 3 months in advance.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 405Committee on Taxation
CHAPTER 505
AN ACT relating to the casino entertainment tax; to provide a penalty for late payment of the tax; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.403 is hereby amended to read as follows:
463.403 1. Every person required to pay the tax imposed by NRS 463.401 shall file with the commission quarterly, on or before the last day of the month succeeding each calendar quarter, a report showing the amount of all taxable receipts for such calendar quarter.
2. Each report shall be accompanied by the amount of tax shown to be due for the period covered by the report.
3. Any person failing to pay the tax provided for in NRS 463.401 on or before the last day of the month succeeding each calendar quarter shall pay in addition to such tax a penalty of not less than $25 or 25 percent of the gross amount due, whichever is greater, but in no case in excess of $1,000, which penalty shall be collected as are other charges and penalties under this chapter.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1967.
________
Senate Bill No. 444Committee on Judiciary
CHAPTER 506
AN ACT to amend NRS 483.470, relating to the driver demerit point system for traffic violations, by providing for a graduated system of demerits within each category of violations, based upon the extent to which the law is violated.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.470 is hereby amended to read as follows:
483.470 1. The department is hereby authorized to suspend the license of an operator or chauffeur without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction;
κ1967 Statutes of Nevada, Page 1376 (CHAPTER 506, SB 444)κ
(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(c) Is an habitually reckless or negligent driver of a motor vehicle;
(d) Is an habitual violator of the traffic laws;
(e) Is physically or mentally incompetent to drive a motor vehicle;
(f) Has permitted an unlawful or fraudulent use of such license; or
(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation.
2. As used in this section, traffic violation means conviction of a charge involving a moving traffic violation in any municipal court, justices court or district court in the State of Nevada.
3. The department shall establish a uniform system of demerit points for various traffic violations occurring within the State of Nevada affecting any holder of an operators or chauffeurs license issued by the department.
4. Such system shall be a running system of demerits covering a period of 12 months next preceding any date on which a licensee may be called before the department to show cause as to why his operators or chauffeurs license should not be suspended.
5. Such system shall be uniform in its operation and the department shall set up a system of demerits for each traffic violation coming under this section, depending upon the gravity of such violation, on a scale of [two demerit points] one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. Details of the violation shall be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
6. When any operator or chauffeur has accumulated 12 demerit points the department shall suspend the license of such operator or chauffeur until the total of his demerits has dropped below 12 demerits in the next preceding 12 months.
7. The director of the department of motor vehicles is hereby empowered to set up a scale of demerit values for each traffic violation.
8. Upon suspending the license of any person as authorized in subsection 1, the department shall immediately notify the licensee in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the administrator, or his duly authorized agent, may administer oaths and may issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon such hearing the department shall either rescind its order of suspension or, good cause appearing therefor, may extend the suspension of such license or revoke such license.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1377κ
Senate Bill No. 481Senators Bunker, Herr, Brown, Lamb, Christensen and Hecht
CHAPTER 507
AN ACT relating to county fair and recreation boards in certain counties; to alter their composition and increase their compensation; to provide for a promotional fund and advertising; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.645 is hereby amended to read as follows:
244.645 1. Whenever the board of county commissioners of any county desires the powers granted in NRS 244.640 to 244.780, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive. After approval of the resolution, the county clerk shall:
(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county; and
(b) Cause a certified copy of the resolution to be mailed by registered mail to the mayor or other chief executive officer of each incorporated city within the county.
2. In counties having a population of 120,000 or more, [each incorporated city within the county shall be represented on the county fair and recreation board by one member for each 25,000 population or fraction thereof within the city, but no city shall have more than three members on a board.] the county fair and recreation board shall be selected as provided in section 5 of this act. In counties having a population of 30,000 or more and less than 120,000, the most populous incorporated city in the county shall be represented on the county fair and recreation board by two members, and the next most populous incorporated city by one member. In counties having a population of 11,000 or more and less than 30,000, and in which there is one or more incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member and any incorporated city which is the county seat shall be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered mail to the county clerk. In counties having a population of less than 11,000 any incorporated city which is the county seat shall be represented by one member, who shall be appointed and certified as provided in this section, and the board of county commissioners shall appoint three representatives as follows:
(a) One member to represent the motel operators in the county.
(b) One member to represent the hotel operators in the county.
κ1967 Statutes of Nevada, Page 1378 (CHAPTER 507, SB 481)κ
(c) One member to represent the other commercial interests in the county.
3. [In counties having a population of 120,000 or more, three members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office.] In counties having a population of 30,000 or more and less than 120,000, two members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office. In counties having a population of less than 30,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.
4. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 2. NRS 244.660 is hereby amended to read as follows:
244.660 1. Whenever any county fair and recreation board has been organized or reorganized, each member thereof shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at county expense, in an amount not to exceed $1,000, and conditioned for the faithful performance of his duties as a member of the board.
2. Except as provided in subsection 3, no member shall receive any compensation as an employee of the board or otherwise, and no member of the board shall be interested in any contract or transaction with the board or the county except in his official representative capacity.
3. Each member of a board created and existing in a county having a population of 120,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall receive [for attending not more than one regular meeting per month the sum of $25, and shall receive for attending not more than two special meetings per month the sum of $15 per meeting. The total compensation payable to a member under this subsection shall not exceed $55 in any 1 month.] $100 per month or $25 for each regular board meeting attended, whichever is less.
Sec. 3. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 9, inclusive, of this act.
Sec. 4. The provisions of sections 5 to 9, inclusive, of this act apply to any county having a population of 120,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 5. 1. The county fair and recreation board shall consist of five members selected as follows:
(a) Two members by the board of county commissioners from their own number.
(b) Two members by the governing body of the largest incorporated city in the county.
(c) One member by the governing body of one of the other incorporated cities in the county.
κ1967 Statutes of Nevada, Page 1379 (CHAPTER 507, SB 481)κ
2. In order to determine which of the incorporated cities in the county is entitled to the representative provided in paragraph (c) of subsection 1, the board of county commissioners shall at its first meeting after the effective date of this act draw lots to determine which city shall be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing.
3. Any vacancy occurring on a county fair and recreation board shall be filled by the authority entitled to appoint the member whose position is vacant.
Sec. 6. In counties having a population of 120,000 or more, the county fair and recreation board as constituted pursuant to section 5 of this act shall, by resolution, designate the name by which the fair and recreation board of that county shall be known, and the name designated may contain the name of the largest incorporated city within the county. It shall be unlawful for the fair and recreation board of such county to use such designated name for all purposes, including the right to contract, to sue and be sued, and to perform all of its functions and exercise all of its powers.
Sec. 7. The county fair and recreation board, in addition to the other powers conferred upon a county fair and recreation board by NRS 244.640 to 244.780, inclusive, may:
1. Set aside a fund, the balance in which shall not at any time exceed $150,000, which may be expended in the discretion of the board for the purpose of promoting or attracting conventions, meetings and like gatherings which will utilize the recreational facilities authorized by NRS 244.640. Such expenditure is hereby declared to be an expenditure made for a public purpose.
2. Solicit and promote generally the use of its facilities, pursuant to lease agreements, by organized groups or by the general public for the holding of conventions, expositions, trade shows, entertainment, sporting events, cultural activities or similar uses reasonably calculated to produce revenue for the board and to enhance the general economy. Such promotion may include advertising the facilities under control of the board and the resources of the community or area, including without restriction tourist accommodations, transportation, entertainment and climate.
3. Enter into contracts for advertising pursuant to this section and pay the cost of such advertising, including a reasonable commission.
Sec. 8. As provided by law, the county fair and recreation board shall comply with the provisions of the Local Government Budget Act.
Sec. 9. The county fair and recreation board shall not, as a condition precedent to the use of any recreational facility by any person, firm or corporation, demand or receive any free tickets, passes or other items authorizing admission without payment to any event, display, gathering, sporting event, convention or the like held or conducted in the recreational facility under the control of the board.
Sec. 10. The term of office of each incumbent member of the county fair and recreation board of a county affected by this act shall expire on the effective date of this act.
κ1967 Statutes of Nevada, Page 1380 (CHAPTER 507, SB 481)κ
fair and recreation board of a county affected by this act shall expire on the effective date of this act.
Sec. 11. This act shall become effective on the first day of the first calendar month after its passage and approval.
________
Senate Bill No. 489Committee on Finance
CHAPTER 508
AN ACT to amend chapter 349 of NRS, relating to state borrowing and state securities, by adding new sections creating a state general obligation bond commission and a state general obligation bond commission fund; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The state general obligation bond commission, consisting of the governor, the state controller and the state treasurer, is hereby created with perpetual existence.
2. The state general obligation bond commission constitutes the successor of any like commission created prior to the effective date of this act.
3. In connection with any outstanding state securities issued on behalf of the state of Nevada by the state general obligation bond commission or any such predecessor commission, the state general obligation bond commission may fund, refund and reissue such securities and may otherwise exercise on behalf of the state the supplemental powers provided in the State Securities Law.
Sec. 3. There is hereby created in the state treasury the state general obligation bond commission fund to which moneys may be appropriated for the payment of incidental expenses pertaining to state securities and projects relating thereto.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 493Senators Dodge and Brown
CHAPTER 509
AN ACT relating to the University of Nevada; to require the board of regents to prepare and submit to the legislature comprehensive plans for new or expanded programs.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of regents of the University of Nevada shall prepare comprehensive plans showing, for the respective periods from July 1, 1969, to June 30, 1974, and from July 1, 1974, to June 30, 1979:
κ1967 Statutes of Nevada, Page 1381 (CHAPTER 509, SB 493)κ
comprehensive plans showing, for the respective periods from July 1, 1969, to June 30, 1974, and from July 1, 1974, to June 30, 1979:
(a) Any anticipated new programs and expansions of existing programs of instruction or research, itemized by year and by purpose;
(b) The anticipated cost of each new or expanded program described under paragraph (a);
(c) The amount and source of any moneys anticipated to be available, from sources other than legislative appropriation, to meet each item of anticipated cost listed pursuant to paragraph (b); and
(d) Any further information concerning its comprehensive planning for the respective periods which the board of regents may deem appropriate.
2. The board of regents shall present the comprehensive plans required by subsection 1 to the 55th session of the legislature within 10 days after the 3rd Monday in January 1969.
3. The board of regents shall biennially bring each plan up to date for the ensuring and next succeeding 5-year periods respectively, and shall present such revised plans to the legislature within 10 days after the 3rd Monday in January of each odd-numbered year.
________
Senate Bill No. 494Senator Slattery
CHAPTER 510
AN ACT relating to human blood; declaring the provision of such blood to be a service and excluding implied warranties of merchantability and fitness.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provision set forth as section 2 of this this act.
Sec. 2. The procurement, processing, distribution or use of whole human blood, plasma, blood products and blood derivatives for the purpose of injection or transfusion into the human body constitutes, as to the transmission of serum hepatitis, the rendition of a service by every person participating therein, and no implied warranty of merchantability or fitness applies.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1382κ
Senate Bill No. 510Committee on Federal, State and Local Governments
CHAPTER 511
AN ACT relating to the public service commission of Nevada; to provide that the secretary shall perform administrative and other duties as prescribed by the commission.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 703.130 is hereby amended to read as follows:
703.310 1. The commission shall appoint a secretary [and an assistant secretary.] who shall perform such administrative and other duties as are prescribed by the commission. The commission shall also appoint an assistant secretary.
2. The commission may employ such other clerks, experts or engineers as may be necessary.
3. The compensation of the secretary and other employees shall be fixed in accordance with the provisions of chapter 284 of NRS.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 513Committee on Finance
CHAPTER 512
AN ACT making an appropriation from the general fund in the state treasury for the support of the state planning board in making certain alterations and performing certain remodeling of the supreme court and state library building in Carson City, Nevada; and providing other matters properly relating thereto.
[Approved April 25, 1967]
Whereas, With the enactment of chapter 293, Statutes of Nevada 1967, the number of justices of the supreme court of Nevada will be increased to five after October 1967, and additional space will be required for the use of the supreme court, its officers and employees; and
Whereas, Available space for expansion of the court is limited, thus necessitating the remodeling of the present supreme court and state library building; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $20,000 to the state planning board for the purposes of making the following alterations to and remodeling of the existing supreme court and state library building in Carson City, Nevada:
1. The second floor will be adapted to provide offices for the five justices of the supreme court, their secretaries and law clerks.
2. The clerk of the supreme court will be provided space on the first floor, utilizing approximately 714 square feet on the southeast corner of the building, now occupied by the state library and the office of the attorney general.
κ1967 Statutes of Nevada, Page 1383 (CHAPTER 512, SB 513)κ
3. If additional space is required for the office of the attorney general, the state planning board will provide such space of approximately 252 square feet in the northwest corner of the first floor.
4. To compensate for the area taken from the state library, the state planning board may remove several nonbearing partitions on the first floor, thus opening the area into a more flexible and usable space for the state library.
Sec. 2. 1. The state planning board is charged with the duty of making the alterations and doing the remodeling of the supreme court and state library building in Carson City, Nevada, authorized by this act:
(a) As provided in chapter 341 of NRS.
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction herein authorized.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required for such construction, and, if necessary, to assist in the preparation of contract documents necessary to such construction.
3. All work in connection with such construction shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for such construction. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on a part or parts of such construction, and may let separate contracts for different and separate portions of the work, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder therein; but any and all bids may be rejected for any good reason.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 336Senator Swobe
CHAPTER 513
AN ACT relating to regulation of public utilities by the public service commission of Nevada; adjusting dates of notice and payment of assessments of public utilities; permitting payment of salaries from the public service commission regulatory fund; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.035 is hereby amended to read as follows:
704.035 1. The commission shall determine as soon as practicable after April 15 of each year the gross operating revenue of each public utility for the preceding calendar year.
κ1967 Statutes of Nevada, Page 1384 (CHAPTER 513, SB 336)κ
2. Notice of the assessment and the amount thereof shall be given no later than [June 1] July 1 of each year to each public utility assessed by registered or certified mail to the address of such public utility on file with the commission, but failure to notify any such utility shall not invalidate the assessment with respect thereto.
3. The assessment shall be due and payable on [July 1] August 1 of each year but may, at the option of the public utility, be paid quarterly on [July 1, October 1, January 1 and April 1.] August 1, November 1, February 1 and May 1.
4. The commission may bring an appropriate action in its own name for the collection of any assessment which is not paid on the dates required in subsection 3.
Sec. 2. NRS 704.039 is hereby amended to read as follows:
704.039 Moneys in the public service commission regulatory fund shall be used only to defray the costs of:
1. Maintaining a competent staff and equipment to regulate adequately all public utilities subject to the provisions of NRS 704.033 to 704.039, inclusive.
2. Participating in all rate cases involving such utilities.
3. Investigations, inspections, audits and reports in connection with such regulation and participation.
4. All salaries, travel expenses and subsistence allowances of commission members and staff.
Sec. 3. NRS 704.190 is hereby amended to read as follows:
704.190 1. Every public utility operating in this state shall, whenever an accident occurs in the conduct of its operation causing death, give prompt notice thereof to the commission, in such manner and within such time as the commission may prescribe. If in its judgment the public interest requires it, the commission may cause an investigation to be made forthwith of any accident, at such place and in such manner as the commission shall deem best.
2. Every such public utility shall report to the commission, at the time, in the manner and on such forms as the commission shall by its printed rules and regulations prescribe, all accidents happening in this state and occurring in, on or about the premises, plant, instrumentality or facility used by any such utility in the conduct of its business.
3. The commission shall promulgate and adopt all reasonable rules and regulations necessary for the administration and enforcement of this section. Such rules and regulations shall in any event require that all accidents required to be reported herein shall be reported to the commission at least once every calendar month by such officer or officers of the utility as the commission shall direct.
4. The commission shall adopt and [provide] utilize all accident report forms, which forms shall be so designed as to provide a concise and accurate report of the accident and which report shall in any event show the true cause of the accident. The accident report forms adopted [and provided] for the reporting of railroad accidents shall be the same in design as near as may be as the railroad accident report forms provided and used by the Interstate Commerce Commission.
5. If any accident reported to the commission shall be reported by the utility as being caused by or through the negligence of an employee and thereafter such employee is absolved from such negligence by the utility and found not to be responsible for the accident, such fact shall be reported by the utility to the commission.
κ1967 Statutes of Nevada, Page 1385 (CHAPTER 513, SB 336)κ
and thereafter such employee is absolved from such negligence by the utility and found not to be responsible for the accident, such fact shall be reported by the utility to the commission.
6. All accident reports herein required shall be filed in the office of the commission and there preserved. Notwithstanding any other provisions of law, neither any accident report made as required by this chapter, nor any report of the commission made pursuant to any accident investigation made by it, shall be open to public inspection or disclosed to any person, except upon order of the commission, nor shall either or any of the reports, or any portion thereof, be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in the accident report or report of any such investigation.
Sec. 4. NRS 704.675 is hereby amended to read as follows:
704.675 Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter supplying such services for the use of its own members only is hereby declared to be affected with a public interest, to be a public utility, and to be subject to the jurisdiction, control and regulation of the commission for the purposes of NRS 704.033 to 704.039, inclusive, 704.180, 704.330, 704.350 to 704.410, inclusive, and 704.430, but shall not be subject to any other jurisdiction, control and regulation of the commission or to the provisions of any section not specifically mentioned in this section.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 518Senator Swobe
CHAPTER 514
AN ACT fixing the state ad valorem tax levies for the 2 fiscal years commencing July 1, 1967, and ending June 30, 1968, and commencing July 1, 1968, and ending June 30, 1969; providing for the levy and collection of ad valorem taxes on personal property not placed on the secured tax roll; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year commencing July 1, 1967, and ending June 30, 1968, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
Sec. 2. For the fiscal year commencing July 1, 1968, and ending June 30, 1969, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.
κ1967 Statutes of Nevada, Page 1386 (CHAPTER 514, SB 518)κ
June 30, 1969, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 205Washoe and Storey Counties Delegation
CHAPTER 515
AN ACT relating to general obligation bond commissions; to provide criteria for the approval or disapproval of proposed bond issues; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 350 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In determining whether to approve or disapprove a proposal to issue bonds, the commission shall not undertake to determine whether the purpose for which it is proposed to issue such bonds is a public purpose or meets a public need. The commission shall consider, but is not limited to, the following criteria:
1. The amount of debt outstanding on the part of the political subdivision proposing to issue the bonds.
2. The effect of the tax levy required for debt service on the proposed general obligation bonds upon the ability of the political subdivision proposing to issue the bonds and of other political subdivisions to raise revenue for operating purposes.
3. The anticipated need for other bond issues by the political subdivision proposing to issue the bonds and other political subdivisions whose tax-levying powers overlap, as shown by the county or regional master plan, if any, and by other available information.
4. The public need to be served by the proceeds of the proposed bond issue, as compared to other demands, both operational and capital, to be met from available and anticipated tax and other revenues.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1387κ
Assembly Bill No. 267Messrs. Getto and Dini
CHAPTER 516
AN ACT to amend NRS 354.474, being a part of the Local Government Budget Act, which defines local government, by providing that certain requirements of the Local Government Budget Act are not applicable to irrigation districts; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.474 is hereby amended to read as follows:
354.474 [The] 1. Except as otherwise provided in subsection 2, the provisions of NRS 354.470 to 354.626, inclusive, shall apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive, local government means every political subdivision or other entity which has the right to levy or receive moneys from ad valorem or other taxes or any mandatory assessments, and includes without limitation counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244, 309, [310, 311, 312, 313, 314, 316, 317,] 318, 379, 473, 474, [539,] 540, 541, 542, 543 and 555 of NRS and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
2. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539. 683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, but any such irrigation district which levies an ad valorem tax is required to comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 467Committee on Taxation
CHAPTER 517
AN ACT relating to the assessment and taxation of livestock; to amend chapter 361 of NRS by adding a new section creating a procedure for assessment of livestock; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Between July 1 and July 15 of each year, each owner of livestock shall file with the county assessor of the county in which his principal place of livestock business is located the statement required by NRS 361.265.
κ1967 Statutes of Nevada, Page 1388 (CHAPTER 517, AB 467)κ
shall file with the county assessor of the county in which his principal place of livestock business is located the statement required by NRS 361.265. In the statement, the owner shall declare:
(a) The number, kind and classification of all taxable livestock in the State of Nevada owned by him on the date of the statement.
(b) His plan of livestock operation during the current fiscal year, including the number, kind and classification of livestock he plans to own from time to time during the fiscal year and their anticipated location in the State of Nevada during the fiscal year.
2. The county assessor with whom the statement is filed shall deliver to the county assessor of each county in which the owner declares that any of his livestock will be located during the fiscal year a certified copy of the statement.
3. The livestock which the owner declares will be located in a particular county shall be assessed by the county assessor of such county on a pro rata basis for each month or major portion thereof during which the owner anticipates the livestock will be located in such county. No county assessor shall assess livestock at a value greater than the portion of the total assessed value for the current fiscal year attributable to the number of months the livestock will be located in his county.
4. In the statement required by subsection 1, the owner shall also declare the actual number, kind and classification of livestock he owned from time to time during the preceding fiscal year and their actual location in the State of Nevada during such fiscal year. If the actual number is less than the number declared in the statement filed by the owner for the preceding fiscal year, the excess of taxes paid by the owner shall be credited to the owner against his tax for the then current fiscal year. If the actual number is greater than the number declared in the statement filed for the preceding fiscal year, the owner shall pay, upon demand by the county assessor, the additional tax due. The amount of such additional tax shall be determined by applying the same tax rate which was applied in determining the amount of tax on the livestock estimated by the owner, and the additional tax collected shall be distributed among the taxing entities in the same manner as the taxes collected pursuant to the underestimate of the owner.
5. Nothing in this section shall be construed to limit the right of any county assessor to verify the number of livestock of any owner by any reasonable means, including actual count at any reasonable time.
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κ1967 Statutes of Nevada, Page 1389κ
Senate Bill No. 526Committee on Judiciary
CHAPTER 518
AN ACT to amend Assembly Bill No. 436 of the 54th session of the Nevada legislature entitled An Act to amend chapter 179 of NRS, relating to special criminal proceedings, by adopting the Uniform Criminal Extradition Act; providing penalties; and to repeal NRS 179.210 to 179.300, inclusive, relating to fugitives from justice.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 17 of the above-entitled act is hereby amended to read as follows:
Section 17. If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 8 of this act, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time, not exceeding 30 days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in section [16] 18 of this act, or until he is legally discharged.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1967, if Assembly Bill No. 436 of the 54th session of the Nevada legislature has become law.
________
Senate Bill No. 522Committee on Finance
CHAPTER 519
AN ACT appropriating moneys from the general fund, the fish and game fund and the state highway fund in the state treasury for the support of the state planning board in carrying out a program of capital improvements for the State of Nevada; stating the powers, duties and responsibilities of the state planning board and other state officers; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon the passage and approval of this act there is hereby appropriated from the general fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements set forth in sections 2 to 13, inclusive, of this act the sum of $1,282,400.
Sec. 2. The sum of $95,700 of the moneys appropriated in section 1 of this act is hereby allocated for the replacement of a secondary electrical distribution system and the installation of a comprehensive fire detection system at the Nevada state hospital, Washoe County, Nevada.
κ1967 Statutes of Nevada, Page 1390 (CHAPTER 519, SB 522)κ
Sec. 3. The sum of $308,300 of the moneys appropriated in section 1 of this act is hereby allocated for the construction of an addition to the central heat plant on the Reno campus of the University of Nevada, Washoe County, Nevada.
Sec. 4. The sum of $183,200 of the moneys appropriated in section 1 of this act is hereby allocated for the acquisition of miscellaneous fire protection and repairs in the capitol and octagon buildings in Carson City, Ormsby County, Nevada.
Sec. 5. The sum of $82,800 of the moneys appropriated in section 1 of this act is hereby allocated for the construction, site development and minimum furnishing of an addition to the southwest confinement wing of the womens prison, Ormsby County, Nevada.
Sec. 6. The sum of $161,450 of the moneys appropriated in section 1 of this act is hereby allocated for the purchase of furnishings and equipment for the social science building on the Reno campus of the University of Nevada, Washoe County, Nevada.
Sec. 7. The sum of $184,300 of the moneys appropriated in section 1 of this act is hereby allocated for the construction, site development and furnishing of industrial building No. 2 of the minimum security prison, Ormsby County, Nevada.
Sec. 8. The sum of $55,500 of the moneys appropriated in section 1 of this act is hereby allocated for rehabilitation of certain existing buildings on the Reno campus of the University of Nevada, Washoe County, Nevada.
Sec. 9. The sum of $36,000 of the moneys appropriated in section 1 of this act is hereby allocated for site development of the capitol complex, Carson City, Ormsby County, Nevada.
Sec. 10. The sum of $16,300 of the moneys appropriated in section 1 of this act is hereby allocated for the installation of concrete and asphalt sidewalks, curbs and ramps at the Nevada state hospital, Washoe County, Nevada.
Sec. 11. The sum of $22,000 of the moneys appropriated in section 1 of this act is hereby allocated for the acquisition and installation of solar screens on the Nye Building in Carson City, Ormsby County, Nevada.
Sec. 12. The sum of $58,100 of the moneys appropriated in section 1 of this act is hereby allocated for the expansion of the existing laundry at the minimum security prison, Ormsby County, Nevada.
Sec. 13. The sum of $78,750 of the moneys appropriated in section 1 of this act is hereby allocated for remodeling the governors mansion in Carson City, Ormsby County, Nevada.
Sec. 14. Upon the passage and approval of this act there is hereby appropriated from the fish and game fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements set forth in sections 15 to 19, inclusive, of this act the sum of $202,300.
Sec. 15. The sum of $54,400 of the moneys appropriated in section 14 of this act is hereby allocated for the construction, site development and furnishing of two residences at the Ruby Lake fish hatchery, Elko County, Nevada.
κ1967 Statutes of Nevada, Page 1391 (CHAPTER 519, SB 522)κ
Sec. 16. The sum of $27,700 of the moneys appropriated in section 14 of this act is hereby allocated for the construction, site development and furnishing of one residence at the Sunnyside wildlife management area, Nye County, Nevada.
Sec. 17. The sum of $53,700 of the moneys appropriated in section 14 of this act is hereby allocated for expansion and furnishing of the existing headquarters building of the state board of fish and game commissioners in Reno, Washoe County, Nevada.
Sec. 18. The sum of $28,000 of the moneys appropriated in section 14 of this act is hereby allocated for the construction of an office building for the state board of fish and game commissioners in Las Vegas, Clark County, Nevada.
Sec. 19. The sum of $38,500 of the moneys appropriated in section 14 of this act is hereby allocated for the construction, site development and furnishing of a residence and office at the Kingston Canyon wildlife management area, Lander County, Nevada.
Sec. 20. Upon the passage and approval of this act there is hereby appropriated from the state highway fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements set forth in sections 21 and 22 of this act the sum of $176,600.
Sec. 21. The sum of $17,500 of the moneys appropriated in section 20 of this act is hereby allocated for acoustical treatment of the headquarters building of the department of motor vehicles in Carson City, Ormsby County, Nevada.
Sec. 22. The sum of $159,100 of the moneys appropriated in section 20 of this act is hereby allocated for the construction, site development and furnishing of a building for the Nevada highway patrol in Las Vegas, Clark County, Nevada.
Sec. 23. 1. Upon the passage and approval of this act there is hereby appropriated from the general fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements set forth in subsection 4 of this section the sum of $152,400.
2. On July 1, 1967, there is hereby appropriated from the general fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements set forth in subsection 4 of this section the sum of $1,675,000.
3. On July 1, 1968, there is hereby appropriated from the general fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements set forth in subsection 4 of this section the sum of $1,747,600.
4. With the moneys appropriated for its support by subsections 1, 2 and 3 of this section the state planning board shall plan, design, construct, furnish and equip a legislative building in the capitol complex in Carson City, Ormsby County, Nevada. The state planning board is specifically authorized to expend from the moneys appropriated in this section such amounts as are necessary for demolition of existing buildings on the site and for site development.
5. The state planning board shall consult with the legislative commission concerning the planning and design of the legislative building.
κ1967 Statutes of Nevada, Page 1392 (CHAPTER 519, SB 522)κ
Sec. 24. 1. The state planning board is hereby charged with the duty of carrying out the provisions of this act:
(a) As provided in chapter 341 of NRS; and
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in this act.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.
3. All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. Except as provided in subsection 5 of this section, the state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for each construction project designated in this act. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
5. The state planning board shall not be required to advertise for sealed bids for construction projects the estimated cost of which is less than $5,000, but the state planning board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.
Sec. 25. This act shall become effective upon passage and approval.
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κ1967 Statutes of Nevada, Page 1393κ
Senate Bill No. 523Committee on Finance
CHAPTER 520
AN ACT authorizing the issuance of general obligation state securities in not to exceed the aggregate principal amount of $4,135,000, for the purpose of acquiring with the proceeds thereof certain buildings, structures, facilities and improvements required by the State of Nevada at the University of Nevada, Nevada Southern University, the Nevada state prison, the Southern Nevada comprehensive mental health center, the Southern Nevada childrens home, and for mentally retarded childrens cottages in Washoe and Clark counties, Nevada; requiring annually the levy and collection of a general (ad valorem) property tax to pay the interest on and principal of such securities, and appropriating the proceeds of such taxes for that purpose; prescribing powers, duties and responsibilities of the state general obligation bond commission, the state planning board and state officers; making an appropriation to the state general obligation bond commission fund in the state treasury; relating to the construction and other acquisition of properties appertaining to such facilities; otherwise concerning such securities and properties, and taxes, other moneys, and pledges and liens pertaining thereto, by reference to the State Securities Law; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Terms used or referred to in this act are as defined in the State Securities Law; but the terms commission and project, wherever used or referred to in this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 and 3 of this act.
Sec. 2. Commission means the state general obligation bond commission.
Sec. 3. Project means the construction and other acquisition of the buildings, structures and appurtenances required by the State of Nevada as enumerated and described in section 4 of this act.
Sec. 4. After receipt of a resolution from the state planning board certifying the need for moneys with which to acquire each component of the following-described project, the commission is authorized to acquire the properties comprising each such component at costs not exceeding the respective amounts set forth below opposite the description of each component:
Construction of chemistry and lecture buildings of phase I of the physical science building project on the Washoe County campus of the University of Nevada............................................... $945,000
Construction of a chemistry building at Nevada Southern University in Clark County......................................................................... 392,500
Construction of phase I of the fine arts complex at Nevada Southern University in Clark County................................................. 207,500
Acquisition of land, phase I, Nevada Southern University in Clark County................................................................................... 734,000
Construction of a multipurpose building and fence, minimum security prison in Ormsby County................................................... 395,900
Construction of the Southern Nevada comprehensive mental health center in Clark County......................................................... 941,000 Construction of the Southern Nevada childrens home in Clark County................................................ $214,300
κ1967 Statutes of Nevada, Page 1394 (CHAPTER 520, SB 523)κ
Construction of the Southern Nevada childrens home in Clark County ................................................................................................ $214,300
Construction of cottages at the Nevada state hospital in Washoe County and in Clark County for mentally retarded children ................................................................................................ 304,800
Sec. 5. The commission, on the behalf and in the name of the state, may:
1. Acquire the properties appertaining to the project, including without limitation water and water rights, for the benefit and welfare of the people of the state; and
2. Borrow money and otherwise become obligated in a total principal amount of not exceeding $4,135,000 to defray wholly or in part the cost of the project, or any part thereof.
Sec. 6. 1. Subject to the limitations as to maximum principal amounts in section 5 of this act, the commission may issue to evidence such obligations at any time or from time to time after the adoption of this act, but not after 5 years from the effective date thereof, as the commission may determine, general obligation state securities in accordance with the provisions of the State Securities Law, as from time to time amended, without limitation by any restriction upon the incurrence of indebtedness in any other act, except as limited in the State Securities Law and in this act.
2. Nothing in this act shall be construed as preventing the commission from funding, refunding or reissuing any outstanding state securities issued by the commission or any predecessor thereof at any time as provided in the State Securities Law, as from time to time amended, except as therein limited.
Sec. 7. 1. An annual general (ad valorem) tax shall be levied and collected sufficient to pay the interest on the state securities semiannually, and the principal thereof within 20 years from the passage of this act.
2. The proceeds of such taxes are specially appropriated to the payment of such principal and interest.
3. Such appropriation shall not be repealed nor the taxes postponed or diminished until such principal and interest has been wholly paid.
4. The payment of such securities, the levy of such taxes and the appropriation of the proceeds thereof shall be in the manner delineated in sections 45 to 51, inclusive, of the State Securities Law, and other provisions therein supplemental thereto.
Sec. 8. 1. There is hereby appropriated from the general fund in the state treasury to the state general obligation bond commission fund the sum of $20,000.
2. Within the limitations of the appropriation made by subsection 1, the commission is authorized to employ legal, fiscal and other expert services in connection with the authorization, issuance and sale of the state securities. All expenses incurred for the preparation, sale and delivery of the state securities, including the preparation of the certified copy of the transcript for the successful bidder, are legal charges against the state general obligation bond commission fund.
Sec. 9. The proceeds of the sale or sales of the state securities except the proceeds of any such securities issued to fund or refund outstanding securities shall be credited to the state planning board in the state treasury for its use pursuant to the provisions of section 4 of this act, but if it appears at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance as provided in the State Securities Law.
κ1967 Statutes of Nevada, Page 1395 (CHAPTER 520, SB 523)κ
securities shall be credited to the state planning board in the state treasury for its use pursuant to the provisions of section 4 of this act, but if it appears at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance as provided in the State Securities Law.
Sec. 10. 1. The state planning board is charged with the duty of acquiring each of the components comprising the project authorized by this act:
(a) As provided in chapter 341 of NRS; and
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the project described in section 4 of this act.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required for the project and, if necessary, to assist in the preparation of contract documents pertaining to the acquisition of project properties.
3. All work in connection with the project authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for each component of the project designated in section 4 of this act. Approved plans and specifications for such project shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on a part or parts of such project, and may let separate contracts for different and separate portions of the project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 11. Any and all contracts entered into pursuant to the provisions of this act shall not be binding upon the state until executed or otherwise approved by the governor, including without limitation the execution of state securities in the manner and as otherwise provided in the State Securities Law.
Sec. 12. 1. Chapter 5, Statutes of Nevada 1967, entitled An Act creating the 1967 state general obligation bond commission and authorizing such commission to issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $945,000, for the purpose of constructing and furnishing in a minimum manner chemistry and lecture buildings at the University of Nevada in Washoe County, Nevada; prescribing other details and conditions concerning such bonds; requiring annually the levy and collection of a special property (ad valorem) tax to pay the interest on the bonds and to pay and retire the same and providing for the keeping of the proceeds of such tax in special funds; authorizing the use and investment of the proceeds of the sale or sales of such bonds; prescribing powers, duties and responsibilities of the 1967 state general obligation bond commission, the state planning board, the state board of finance, the state treasurer and other state officers; and providing other matters properly relating thereto, approved January 26, 1967, is hereby repealed.
κ1967 Statutes of Nevada, Page 1396 (CHAPTER 520, SB 523)κ
the state treasurer and other state officers; and providing other matters properly relating thereto, approved January 26, 1967, is hereby repealed.
2. Chapter 203, Statutes of Nevada 1967, entitled An Act creating the 1967 state general obligation bond commission fund; making an appropriation therefor; and providing other matters properly relating thereto, approved March 28, 1967, is hereby repealed.
Sec. 13. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and state securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the State Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 14. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 15. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 16. This act shall become effective upon passage and approval.
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Senate Bill No. 524Committee on Finance
CHAPTER 521
AN ACT making an appropriation from the general fund in the state treasury to the department of administration for the purpose of completing an existing contract for the cleaning of Hobart Creek reservoir; and providing other matters properly relating thereto.
[Approved April 25, 1967]
Whereas, The department of administration, pursuant to the provisions of NRS 331.160 to 331.180, inclusive, is designated as the state agency to supervise and administer the functions of the Marlette Lake water system, of which the Hobart Creek reservoir is a part; and
Whereas, Heretofore the department of administration executed a contract for the cleaning of the Hobart Creek reservoir and it now appears that there are not sufficient funds to pay the obligee upon full performance by him; now, therefore
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the department of administration the sum of $35,000 to be expended by the department of administration in completing the existing contract for the cleaning of Hobart Creek reservoir, a part of the Marlette Lake water system.
κ1967 Statutes of Nevada, Page 1397 (CHAPTER 521, SB 524)κ
existing contract for the cleaning of Hobart Creek reservoir, a part of the Marlette Lake water system.
Sec. 2. Any balance remaining on June 30, 1968, of the moneys appropriated by section 1 of this act shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 511Senator Pozzi
CHAPTER 522
AN ACT authorizing the payment of salaries, per diem and travel expenses to alternate members of the legislative commission; and providing other matters properly relating thereto.
[Approved April 26, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.670 is hereby amended to read as follows:
218.670 1. The members of the legislative commission shall meet at such times and at such places as shall be specified by a call of the chairman or a majority of the commission. The director of the legislative counsel bureau shall act as the nonvoting recording secretary. The commission shall prescribe rules and regulations for its own management and government. Five members of the commission shall constitute a quorum, and a quorum may exercise all the power and authority conferred on the commission.
2. If any regular member of the legislative commission is unable to attend a scheduled meeting of the commission, and notifies the secretary of the commission, the secretary shall notify the proper alternate member. Such alternate member may then replace the regular member at that meeting only with all the duties, rights and privileges of the replaced member. [, and shall receive travel and per diem allowance in accordance with law.]
Sec. 2. NRS 218.680 is hereby amended to read as follows:
218.680 1. For each days attendance at each meeting of the commission, or if engaged in the official business of the legislative counsel bureau, the members of the legislative commission shall receive a salary of $25 and the per diem allowance and travel expenses [as] provided by law.
2. An alternate member of the legislative commission who replaces a regular member at a meeting of the commission or on official business of the legislative counsel bureau is entitled to receive the same salary and expenses as a regular member for the same service. An alternate member who attends a meeting of the commission but does not replace a regular member is entitled to the travel expenses provided by law.
Sec. 3. This act shall become effective upon passage and approval.
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κ1967 Statutes of Nevada, Page 1398κ
Assembly Bill No. 81Committee on Judiciary
CHAPTER 523
AN ACT to regulate proceedings in criminal cases in this state; to amend and repeal designated sections of NRS relating to such proceedings; to amend certain provisions of the charters of the cities of Caliente, Carson City, Elko, Gabbs, Henderson, Las Vegas, North Las Vegas, Reno, Sparks, Wells and Yerington to conform certain provisions with state law; and providing other matters properly relating thereto.
[Approved April 26, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 169 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 24, inclusive, of this act.
Sec. 2. This Title may be known and cited as the Nevada Criminal Procedure Law.
Sec. 3. This Title governs the procedure in the courts of the State of Nevada and before magistrates in all criminal proceedings, but does not apply to proceedings against children under chapter 62 of NRS.
Sec. 4. This Title is intended to provide for the just determination of every criminal proceeding. Its provisions shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.
Sec. 5. As used in Title 14, unless the context otherwise requires, the words and terms defined in sections 6 to 21, inclusive, of this act have the meaning ascribed to them in such sections.
Sec. 6. Criminal action means the proceedings by which a party charged with a public offense is accused and brought to trial and punishment. A criminal action is prosecuted in the name of the State of Nevada, as plaintiff.
Sec. 7. Defendant means the party prosecuted in a criminal action.
Sec. 8. District attorney includes any deputy district attorney.
Sec. 9. Law includes statutes and judicial decisions.
Sec. 10. Magistrate means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes:
1. Justices of the supreme court;
2. Judges of the district courts;
3. Justices of the peace;
4. Police judges; and
5. Others upon whom are conferred by law the powers of a justice of the peace in criminal cases.
Sec. 11. Month means a calendar month unless otherwise expressed.
Sec. 12. Oath includes an affirmation.
Sec. 13. Peace officer includes:
1. The bailiff of the supreme court;
2. Sheriffs of counties and their deputies;
3. Constables;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
κ1967 Statutes of Nevada, Page 1399 (CHAPTER 523, AB 81)κ
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Marshals and policemen of cities and towns;
7. Parole and probation officers;
8. Special investigators employed by the office of any district attorney or the attorney general;
9. Arson investigators for fire departments specially designated by the appointing authority; and
10. Members of the University of Nevada police department.
Sec. 14. Person includes a company, partnership, association or corporation as well as a natural person.
Sec. 15. Personal property includes money, goods, chattels, things in action and evidences of debt.
Sec. 16. Property includes both real and personal property.
Sec. 17. Public officer means a person elected or appointed to a position which:
1. Is established by the constitution or a statute of this state, or by a charter or ordinance of a political subdivision of this state; and
2. Involves the continuous exercise, as part of the regular and permanent administration of the government, of a public power, trust or duty.
Sec. 18. Real property is coextensive with lands, tenements and hereditaments.
Sec. 19. State, when applied to the different parts of the United States, includes the District of Columbia and the territories.
Sec. 20. 1. Trial means that portion of a criminal action which:
(a) If a jury is used, begins with the impaneling of the jury and ends with the return of the verdict, both inclusive.
(b) If no jury is used, begins with the opening statement, or if there is no opening statement, when the first witness is sworn, and ends with the closing argument or upon submission of the cause to the court without argument, both inclusive.
2. Trial does not include any proceeding had upon a plea of guilty to determine the degree of guilt or to fix the punishment.
Sec. 21. United States may include the District of Columbia, Puerto Rico, territories or insular possessions.
Sec. 22. 1. Words in the present tense include the future as well as the present.
2. Words in the masculine gender include the feminine and neuter.
3. The singular number includes the plural, and the plural the singular.
4. Writing includes printing and typewriting.
5. Every mode of oral statement, under oath or affirmation, is embraced by the term testify, and every written one in the term depose.
Sec. 23. When a signature of a person is required by Title 14, the mark of a person, if he cannot write, shall be deemed sufficient, the name of the person making the mark being written near it, and the mark being witnessed by a person who writes his own name as a witness.
Sec. 24. The superseding of any law creating a criminal offense shall not be held to constitute a bar to the prosecution and punishment of a crime already committed, or to bar the trial and punishment of a crime where a prosecution has been already begun, for a violation of the law so superseded, unless the intention to bar such prosecution and punishment, or trial and punishment where a prosecution has been already begun is expressly declared in the superseding act.
κ1967 Statutes of Nevada, Page 1400 (CHAPTER 523, AB 81)κ
shall not be held to constitute a bar to the prosecution and punishment of a crime already committed, or to bar the trial and punishment of a crime where a prosecution has been already begun, for a violation of the law so superseded, unless the intention to bar such prosecution and punishment, or trial and punishment where a prosecution has been already begun is expressly declared in the superseding act.
Sec. 25. NRS 170.040 is hereby amended to read as follows:
170.040 Public offenses may be prevented by the intervention of the officers of justice [:
1. By requiring surety to keep the peace.
2. By forming a police in cities and towns, and requiring their attendance in exposed places.
3. By suppressing riots.] by requiring surety to keep the peace.
Sec. 26. NRS 170.060 is hereby amended to read as follows:
170.060 1. A complaint may be filed and warrant issued, as in other criminal cases, for the arrest of any person who has threatened to commit an offense against the person or property of another.
2. Such a complaint may also be filed in a municipal court. The city attorney shall act as prosecutor, and the proceedings shall conform to the requirements of NRS 170.070 to 170.170, inclusive.
Sec. 27. Chapter 171 of NRS is hereby amended by adding thereto the provisions set forth as sections 28 to 72, inclusive, of this act.
Sec. 28. The complaint is a written statement of the essential facts constituting the public offense charged. It shall be made upon oath before a magistrate.
Sec. 29. An arrest is the taking of a person into custody, in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.
Sec. 30. If it appears from the complaint or from an affidavit or affidavits filed with the complaint that there is probable cause to believe that an offense, triable within the county, has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall be issued by the magistrate to any peace officer. Upon the request of the district attorney a summons instead of a warrant shall issue. More than one warrant or summons may issue on the same complaint. If a defendant fails to appear in response to the summons, a warrant shall issue.
Sec. 31. The warrant of arrest is an order in writing in the name of the State of Nevada which shall:
1. Be signed by the magistrate with his name of office;
2. Contain the name of the defendant or, if his name is unknown, any name or description by which he can be identified with reasonable certainty;
3. State the date of its issuance, and the county, city or town where it was issued;
4. Describe the offense charged in the complaint; and
5. Command that the defendant be arrested and brought before the nearest available magistrate.
Sec. 32. The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place.
κ1967 Statutes of Nevada, Page 1401 (CHAPTER 523, AB 81)κ
at a stated time and place. Upon a complaint against a corporation, the magistrate must issue a summons, signed by him, with his name of office, requiring the corporation to appear before him at a specified time and place to answer the charge, the time to be not less than 10 days after the issuing of the summons.
Sec. 33. The warrant shall be directed to and executed by a peace officer. The summons may be served by any person authorized to serve a summons in a civil action.
Sec. 34. A magistrate may depute in writing any suitable and discreet person to act as constable when no constable is at hand and the nature of the business requires immediate action.
Sec. 35. The warrant may be executed or the summons may be served at any place within the jurisdiction of the State of Nevada.
Sec. 36. 1. The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the defendant as soon as possible. If the officer does not have a warrant in his possession at the time of the arrest, he shall then inform the defendant of his intention to arrest him, of the offense charged, the authority to make it and of the fact that a warrant has or has not been issued. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention, but if the defendant either flees or forcibly resists, the officer may use all necessary means to effect the arrest.
2. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendants last-known address. In the case of a corporation, the summons must be served at least 5 days before the day of appearance fixed therein, by delivering a copy to an officer or to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporations last-known address within the State of Nevada or at its principal place of business elsewhere in the United States.
Sec. 37. 1. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:
(a) For a public offense committed or attempted in his presence.
(b) When a person arrested has committed a felony, although not in his presence.
(c) When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
(d) On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested.
(e) When a warrant has in fact been issued in this state for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described.
2. He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony, and is justified in making the arrest, though it afterward appear that a felony has not been committed.
κ1967 Statutes of Nevada, Page 1402 (CHAPTER 523, AB 81)κ
justified in making the arrest, though it afterward appear that a felony has not been committed.
Sec. 38. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
Sec. 39. A magistrate may orally order a peace officer or private person to arrest anyone committing or attempting to commit a public offense in the presence of the magistrate, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest.
Sec. 40. Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.
Sec. 41. If a person arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him at any time and in any place within the state.
Sec. 42. 1. If the offense charged is a felony, the arrest may be made on any day, and at any time of day or night.
2. If it is a misdemeanor, the arrest cannot be made at night, unless upon the direction of a magistrate, endorsed upon the warrant, except when the offense is committed in the presence of the arresting officer.
Sec. 43. To make an arrest, a private person, if the offense is a felony, and in all cases a peace officer, may break open a door or window of the house in which the person to be arrested is, or in which there is reasonable grounds for believing him to be, after having demanded admittance and explained the purpose for which admittance is desired.
Sec. 44. Any person who has entered a house for the purpose of making an arrest may break open the door or window thereof if detained therein, when necessary for the purpose of liberating himself, and an officer may do the same, when necessary for liberating a person who, acting in his aid, entered for the purpose of making an arrest, and is detained therein.
Sec. 45. To retake a person arrested who has escaped or been rescued, the person pursuing may break open an outer or inner door or window of a dwelling house, structure or other place of concealment, if, after notice of his intention, he is refused admittance.
Sec. 46. Any person making an arrest may take from the person arrested all dangerous and offensive weapons which he may have about his person.
Sec. 47. 1. A justice of the supreme court, a judge of the district court, or a clerk of the district court may, by an endorsement under his hand upon a warrant of arrest, authorize the service thereof by telegraph, and thereafter a telegraphic copy of such warrant may be sent to one or more peace officers, and such copy is as effectual in the hands of any officer, and he must proceed in the same manner under it, as though he held an original warrant issued by the magistrate before whom the original complaint in the case was laid.
2. Every officer causing telegraphic copies of warrants to be sent must certify as correct and file in the telegraph office from which such copies are sent a copy of the warrant and endorsement thereon, and must return the original with a statement of his action thereunder.
κ1967 Statutes of Nevada, Page 1403 (CHAPTER 523, AB 81)κ
copies are sent a copy of the warrant and endorsement thereon, and must return the original with a statement of his action thereunder.
3. As used in this section, telegraph includes every method of electric or electronic communication by which a written as distinct from an oral message is transmitted.
Sec. 48. 1. The peace officer executing a warrant shall make return thereof to the magistrate before whom the defendant is brought pursuant to sections 59 and 61 of this act. At the request of the district attorney any unexecuted warrant shall be returned to the magistrate by whom it was issued and shall be canceled by him.
2. On or before the return day the person to whom a summons was delivered for service shall make return thereof to the magistrate before whom the summons is returnable.
3. At the request of the district attorney made at any time while the complaint is pending, a warrant returned unexecuted and not canceled or a summons returned unserved or a duplicate thereof may be delivered by the magistrate to a peace officer for execution or service.
Sec. 49. Sections 49 to 53, inclusive, of this act may be cited as the Uniform Act on Interstate Fresh Pursuit.
Sec. 50. As used in sections 49 to 53, inclusive, of this act, unless the context or subject matter otherwise requires:
1. Fresh pursuit includes fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used in sections 49 to 53, inclusive, of this act shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
2. State includes the District of Columbia for the purpose of sections 49 to 53, inclusive, of this act.
Sec. 51. 1. Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in the other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.
2. The officer of another state making an arrest within this state shall take the person arrested before a magistrate of the county in which the arrest was made, without unnecessary delay. The magistrate shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state or admit him to bail for such purpose. If the magistrate determines the arrest was unlawful he shall discharge the person arrested.
κ1967 Statutes of Nevada, Page 1404 (CHAPTER 523, AB 81)κ
3. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
Sec. 52. On March 4, 1955, the secretary of state shall certify a copy of sections 49 to 53, inclusive, of this act to the executive department of each of the states of the United States.
Sec. 53. If any part of sections 49 to 53, inclusive, of this act is for any reason declared void, it is declared to be the intent of sections 49 to 53, inclusive, of this act that such invalidity shall not affect the validity of the remaining portions of those sections.
Sec. 54. Sections 54 to 58, inclusive, of this act may be cited as the Uniform Act of Intrastate Fresh Pursuit.
Sec. 55. Fresh pursuit as used in sections 54 to 58, inclusive, of this act shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or is reasonably suspected of having committed a felony in this state, or who has committed or attempted to commit any criminal offense in this state in the presence of the arresting officer referred to in section 56 of this act or for whom such officer holds a warrant of arrest for a criminal offense. It shall also include the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing. Fresh pursuit as used in sections 54 to 58, inclusive, of this act shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
Sec. 56. Any peace officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state or has committed, or attempted to commit, any criminal offense in this state in the presence of such officer, or for whom such officer holds a warrant of arrest, may hold in custody such person anywhere in this state.
Sec. 57. If such an arrest is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant. If the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a municipal court or a justice of the peace or other magistrate of the county wherein such an arrest was made, and such court shall admit such person to bail, if the offense is bailable, by taking security by way of recognizance for the appearance of such prisoner before the court having jurisdiction of such criminal offense.
Sec. 58. Section 56 of this act shall not make unlawful an arrest which would otherwise be unlawful.
Sec. 59. 1. A peace officer making an arrest under a warrant issued upon a complaint or any person making an arrest without a warrant shall, in all cases, take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.
2. When a person arrested without a warrant is brought before a magistrate, a complaint shall be filed forthwith.
3. Where the defendant can be admitted to bail without appearing personally before a magistrate, he shall be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.
κ1967 Statutes of Nevada, Page 1405 (CHAPTER 523, AB 81)κ
possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.
Sec. 60. If the defendant is brought before a magistrate in the same county, other than the one who issued the warrant, the affidavits and depositions on which the warrant was granted, if the defendant insist upon an examination, must be sent to that magistrate, or, if they cannot be procured, the prosecutor and his witnesses must be summoned to give their testimony anew.
Sec. 61. 1. When a complaint is laid before a magistrate of the commission of a public offense triable in another county of the state, but showing that the defendant is in the county where the complaint is laid, the same proceedings must be had as prescribed in this chapter except that the warrant must require the defendant to be taken before the nearest or most accessible magistrate of the county in which the offense is triable, and the depositions of the complainant or prosecutor, and of the witnesses who may have been produced, must be delivered by the magistrate to the officer to whom the warrant is delivered.
2. The officer who executed the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, and must deliver to him the depositions that the warrant, with his return endorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself.
3. If the offense charged in the warrant issued pursuant to subsection 1 is a misdemeanor, the officer must, upon being required by the defendant, take him before a magistrate of the county in which the warrant was issued, who must admit the defendant to bail, and immediately transmit the warrant, depositions and undertaking to the justice of the peace or clerk of the court in which the defendant is required to appear.
Sec. 62. The magistrate shall inform the defendant of the complaint against him and of any affidavit filed therewith, of his right to retain counsel, of his right to request the assignment of counsel if he is unable to obtain counsel, and of his right to have a preliminary examination. He shall also inform the defendant that he is not required to make a statement and that any statement made by him may be used against him. The magistrate shall allow the defendant reasonable time and opportunity to consult counsel, and shall admit the defendant to bail as provided in this Title.
Sec. 63. 1. Any defendant charged with a felony or a gross misdemeanor who is an indigent may, by written application addressed to the district court and delivered to the magistrate, request the appointment of an attorney to represent him.
2. The application shall be accompanied by the defendants affidavit, which shall state:
(a) That he is without means of employing an attorney; and
(b) Facts with some particularity, definiteness and certainty concerning his financial disability.
3. The magistrate shall forthwith transmit the application and affidavit to the appropriate judge of the district court. If, after reading the application and affidavit and conducting such further inquiry as he may deem necessary, the judge finds that the defendant is without means of employing an attorney, the judge shall appoint an attorney or designate the public defender to represent him.
κ1967 Statutes of Nevada, Page 1406 (CHAPTER 523, AB 81)κ
deem necessary, the judge finds that the defendant is without means of employing an attorney, the judge shall appoint an attorney or designate the public defender to represent him.
Sec. 64. On admitting the defendant to bail, the magistrate shall certify on the warrant the fact of his having done so, and deliver the warrant and recognizance to the officer having charge of the defendant. The officer shall forthwith discharge the defendant from arrest, and shall, without delay, deliver the warrant and recognizance to the justice of the peace, magistrate or clerk of the court at which the defendant is required to appear.
Sec. 65. The defendant, when arrested under a warrant for a capital offense, must be held in custody by the sheriff of the county in which the complaint is filed, unless admitted to bail after an examination or upon a writ of habeas corpus.
Sec. 66. 1. When the offense is not triable in the justices court, the defendant shall not be called upon to plead. If the defendant waives preliminary examination, the magistrate shall forthwith hold him to answer in the district court.
2. If the defendant does not waive examination, the magistrate shall hear the evidence within 15 days, unless for good cause shown he extends such time. Unless the defendant waives counsel, reasonable time shall be allowed for counsel to appear.
3. Where application is made for the appointment of counsel for an indigent defendant, the magistrate shall postpone the examination until:
(a) The application has been granted or denied by a district judge; and
(b) If the application is granted, the attorney appointed or the public defender has had reasonable time to appear.
4. The defendant may cross-examine witnesses against him and may introduce evidence in his own behalf.
Sec. 67. (Deleted by amendment.)
Sec. 68. 1. The magistrate shall employ a reporter to take down all the testimony and the proceedings on the hearing or examination, and within such time as the court may designate have such testimony and proceedings transcribed into typewritten transcript.
2. The reporter employed as provided in subsection 1 shall be sworn by the magistrate before whom such proceedings are held to record verbatim, truthfully and correctly such proceedings and testimony, and to make a true and correct transcript thereof into typewritten transcript.
3. When the testimony of each witness is all taken and transcribed by the reporter, the reporter shall certify to the transcript in the same manner as for a transcript of testimony in the district court, which certificate shall authenticate the transcript for all purposes of this Title.
4. Prior to the date set for trial, either party may move the court before which the case is pending to add to, delete from, or otherwise correct the transcript to conform with the testimony as given and to settle the transcript so altered.
5. The compensation for the services of a reporter employed as provided in this section shall be the same as provided in subsection 1 of NRS 3.370, to be paid out of the county treasury as other claims against the county are allowed and paid.
κ1967 Statutes of Nevada, Page 1407 (CHAPTER 523, AB 81)κ
6. Testimony reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of his county, and in case the prisoner is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court. A copy of the transcript shall be furnished without charge to the defendant and to the district attorney.
7. The testimony so taken may be used:
(a) By the defendant; or
(b) By the state if the defendant was represented by counsel or affirmatively waived his right to counsel,
upon the trial of the cause, and in all proceedings therein, when the witness is sick, out of the state, dead, or when his personal attendance cannot be had in court.
Sec. 69. The district attorney of the proper county shall be present at and conduct the prosecution in all preliminary examinations where a felony or gross misdemeanor is charged.
Sec. 70. The magistrate shall, upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel, the attorney general, the district attorney of the county, the defendant and his counsel, the witness who is testifying, the officer having the defendant or a witness in his custody, and any other person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.
Sec. 71. If from the evidence it appears to the magistrate that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the magistrate shall forthwith hold him to answer in the district court; otherwise the magistrate shall discharge him. The magistrate shall admit the defendant to bail as provided in this Title. After concluding the proceeding the magistrate shall transmit forthwith to the clerk of the district court all papers in the proceeding and any bail taken by him.
Sec. 72. Whenever a preliminary examination has not been had, the district court may for good cause shown at any time before a plea has been entered or an indictment found remand the defendant for preliminary examination to the appropriate justice of the peace or other magistrate, and such justice or other magistrate shall then proceed with the preliminary examination as provided in this chapter.
Sec. 73. Chapter 172 of NRS is hereby amended by adding thereto the provisions set forth as sections 74 to 100, inclusive, of this act.
Sec. 74. Every public offense must be prosecuted by indictment or information, except:
1. Where proceedings are had for the removal of a civil officer.
2. Offenses arising in the militia when in actual service in time of war, or which this state may keep, with the consent of Congress, in time of peace.
3. Offenses tried in justices courts.
Sec. 75. When proceedings are had for the removal of district, county, municipal or township officers, they may be commenced by accusation, in writing, as provided in chapter 283 of NRS.
κ1967 Statutes of Nevada, Page 1408 (CHAPTER 523, AB 81)κ
Sec. 76. All accusations, informations and indictments against district, county, municipal and township officers must be found or filed in the district court.
Sec. 77. Grand juries shall be impaneled as provided in chapter 6 of NRS.
Sec. 78. The district attorney or a defendant who has been held to answer in the district court may challenge the array of jurors on the ground that the grand jury was not selected, drawn or summoned in accordance with law, and may challenge an individual juror on the ground that the juror is not legally qualified. Challenges may be oral or in writing and shall be tried by the court.
Sec. 79. A motion to dismiss the presentment or indictment may be based on objections to the array or on the lack of legal qualification of an individual juror, if not previously determined upon challenge. A presentment or indictment shall not be dismissed on the ground that one or more members of the grand jury were not legally qualified if it appears from the record kept pursuant to section 80 of this act that 12 or more jurors, after deducting the number not legally qualified, concurred in finding the presentment or indictment.
Sec. 80. The jury shall elect one of its members to be foreman, another to be deputy foreman and a third to be secretary. The foreman shall have power to administer oaths and affirmations and shall sign all presentments and indictments. The secretary shall keep a record of the number of jurors concurring in the finding of every presentment or indictment and shall file the record with the clerk of the court, but the record shall not be made public except on order of the court. During the absence of the foreman, the deputy foreman shall act as foreman, and if both are absent, the jury shall elect a temporary foreman.
Sec. 81. The following oath must be administered to the grand jury:
You, as grand jurors, will diligently inquire into, and true presentment make, of all offenses, against the State of Nevada committed or triable within this county, of which you shall have or can obtain legal evidence. You will keep your own counsel, and that of your fellows and the government, and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which you or any other grand juror may have voted on any matter before you. You will present no person through malice, hatred, or ill will, nor leave any unpresented through fear, favor, or affection, or for any reward, or the promise or hope thereof; but in all your presentments you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God.
Sec. 82. The grand jury being impaneled and sworn, must be charged by the court. In doing so, the court must give them such information as it may deem proper, or as is required by law, as to their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury. The court need not, however, charge them respecting the violation of any particular statute.
Sec. 83. The grand jury may inquire into all public offenses triable in the district court or in a justices court, committed within the territorial jurisdiction of the district court for which it is impaneled.
κ1967 Statutes of Nevada, Page 1409 (CHAPTER 523, AB 81)κ
in the district court or in a justices court, committed within the territorial jurisdiction of the district court for which it is impaneled.
Sec. 84. A presentment is an informal statement in writing, by the grand jury, representing to the court that a public offense has been committed, which is triable within the district, and that there is reasonable ground for believing that a particular person, named or described, has committed it.
Sec. 85. An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a public offense.
Sec. 86. 1. In the investigation of a charge, for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them, or furnished by legal documentary evidence, or the deposition of witnesses taken as provided in this Title.
2. The grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence.
Sec. 87. The grand jury is not bound to hear evidence for the defendant. It is their duty, however, to weigh all evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they must order such evidence to be produced, and for that purpose may require the district attorney to issue process for the witnesses.
Sec. 88. 1. The grand jury ought to find an indictment when all the evidence before them, taken together, establishes probable cause to believe that an offense has been committed and that the defendant has committed it.
2. The defendant may object to the sufficiency of the evidence to sustain the indictment only by application for a writ of habeas corpus. If no such application is made before the plea is entered, unless the court permits it to be made within a reasonable time thereafter, the objection is waived.
Sec. 89. If a member of the grand jury knows or has reason to believe that a public offense has been committed, which is triable within the jurisdiction of this court, he must declare such knowledge or belief to his fellow jurors, who shall thereupon investigate the alleged offense.
Sec. 90. 1. The grand jury must inquire into:
(a) The case of every person imprisoned in the jail of the county, on a criminal charge, against whom an indictment has not been found or an information or complaint filed.
(b) The condition and management of the public prisons within the county.
(c) The misconduct in office of public officers of every description within the county.
2. The grand jury may inquire into and report on any and all matters affecting the morals, health and general welfare of the inhabitants of the county, or of any administrative division thereof, or of any township, incorporated city, irrigation district or town therein.
Sec. 91. The grand jury shall be entitled to free access, at all reasonable times, to all public prisons and to the examination without charge of all public records within the district.
Sec. 91.5. The grand jury may issue subpenas, subscribed by the foreman or by the deputy or temporary foreman when acting for him, for witnesses within the state and for the production of books, papers or documents.
κ1967 Statutes of Nevada, Page 1410 (CHAPTER 523, AB 81)κ
foreman or by the deputy or temporary foreman when acting for him, for witnesses within the state and for the production of books, papers or documents.
Sec. 92. The grand jury shall have the power, with the consent of the board of county commissioners, to engage the services of an attorney other than and in addition to the district attorney, certified or registered public accountants, and such other skilled persons as may be necessary in the performance of its inquisitorial powers.
Sec. 93. Whenever criminal causes are being investigated by the grand jury, it shall appoint a competent stenographic reporter. If he is not an official district court reporter, he shall, before entering upon his duties, take and subscribe the constitutional oath of office. He shall receive the same compensation for his services as an official district court reporter.
Sec. 94. 1. If an indictment has been found or accusation presented against a defendant, the stenographic reporter shall certify and file with the county clerk an original transcription of his notes and a copy thereof and as many additional copies as there are defendants.
2. The reporter shall complete such certification and filing within 10 days after the indictment has been found or the accusation presented unless the court for good cause makes an order extending the time.
3. The county clerk shall deliver the original of the transcript so filed with him to the district attorney immediately upon his receipt thereof, shall retain one copy for use only by judges in proceedings relating to the indictment or accusation, and shall deliver a copy of such transcript to each such defendant who is in custody or has given bail or to his attorney.
4. Any defendant to whom such copy has not been delivered is entitled upon motion to a continuance of his arraignment until a date 10 days after he actually receives such copy.
5. If several criminal charges against a defendant are investigated on one investigation and thereafter separate indictments are returned or accusations presented upon the several charges, the delivery to such defendant or his attorney of one copy of the transcript of such investigation is a compliance with his section as to all of such indictments or accusations.
Sec. 95. The district attorney, the witness under examination, interpreters when needed, a stenographer for the purpose of taking the evidence, any person engaged by the grand jury pursuant to section 90 of this act, and any person requested by the grand jury to be present may be present while the grand jury is in session, but no person other than the jurors may be present while the grand jury is deliberating or voting.
Sec. 96. 1. Disclosure of evidence presented to or events occurring or statements made in the presence of the grand jury other than its deliberations and the vote of any juror may be made to the district attorney for use in the performance of his duties. Otherwise a juror, attorney, interpreter, stenographer or other person may disclose evidence presented to or events occurring or statements made in the presence of the grand jury only:
(a) When so directed by the court preliminary to or in connection with a judicial proceeding;
(b) When permitted by the court at the request of the defendant upon a showing that grounds may exist for a motion to dismiss the presentment or indictment because of matters occurring before the grand jury; or
κ1967 Statutes of Nevada, Page 1411 (CHAPTER 523, AB 81)κ
showing that grounds may exist for a motion to dismiss the presentment or indictment because of matters occurring before the grand jury; or
(c) As provided in section 94 of this act.
2. No obligation of secrecy may be imposed upon any person except in accordance with this section. The court may direct that a presentment or indictment shall be kept secret until the defendant is in custody or has been given bail, and in that event the clerk shall seal the presentment or indictment and no person shall disclose the finding of the presentment or indictment except when necessary for the issuance and execution of a warrant or summons.
Sec. 97. 1. A presentment or indictment may be found only upon the concurrence of 12 or more jurors. The presentment or indictment shall be returned by the grand jury to a judge in open court. If the defendant has been held to answer and 12 jurors do not concur in finding a presentment or indictment, the foreman shall so report to the court in writing forthwith.
2. The failure to indict shall not, however, prevent the same charge from being again submitted to a grand jury or as often as the court shall so direct. But, without such direction, it shall not be again submitted.
Sec. 98. When an indictment if found, the names of the witnesses examined before the grand jury shall be inserted at the foot of the indictment, or endorsed thereon before it is presented to the court.
Sec. 99. 1. A grand jury shall serve until discharged by the court and may be so discharged at any time after the expiration of 1 year. At any time for cause shown the court may excuse a juror either temporarily or permanently, and in the latter event the court may impanel an alternate grand juror in place of the juror excused.
2. Where the court is composed of more than one judge, any judge may discharge or excuse a juror; but if any other judge notifies the judge so acting, in writing within 24 hours after the action is taken, that he objects, such action shall stand rescinded and not become effective unless and until the concurrence of a majority of the judges composing the court is obtained.
Sec. 100. 1. If the court deems that the facts stated in a presentment constitute a public offense triable:
(a) In the district court of the county, it shall direct the clerk to issue a warrant for the arrest of the defendant.
(b) In another court of the county, it shall forward the presentment to such court.
2. The clerk, or justice of the peace in a case forwarded to him, may accordingly at any time thereafter issue a warrant under the signature and seal of the court, if it has a seal.
3. The magistrate before whom the defendant is brought shall proceed to examine the charge contained in the presentment and hold the defendant to answer such charge, or discharge him, in the same manner as upon a warrant of arrest on complaint.
Sec. 101. Chapter 173 of NRS is hereby amended by adding thereto the provisions set forth as sections 102 to 121, inclusive, of this act.
Sec. 102. The first pleading on the part of the state is the indictment or information.
κ1967 Statutes of Nevada, Page 1412 (CHAPTER 523, AB 81)κ
Sec. 103. The several courts of this state shall have and may exercise the same power and jurisdiction to try and determine prosecutions upon information for crimes, misdemeanors and offenses, to issue writs and process and do all other acts therein as in cases of like prosecution under indictment.
Sec. 104. 1. An information may be filed against any person for any offense when the person:
(a) Has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction; or
(b) Has waived his right to a preliminary examination.
2. If, however, upon the preliminary examination the accused has been discharged, or the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, the district attorney may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process shall forthwith issue thereon. The affidavit mentioned herein need not be filed in cases where the defendant has waived a preliminary examination, or upon such preliminary examination has been bound over to appear at the court having jurisdiction.
3. The information shall be filed within 15 days after the holding or waiver of the preliminary examination. All informations shall set forth the crime committed according to the facts.
Sec. 105. 1. All informations shall be filed in the court having jurisdiction of the offenses specified therein, by the district attorney of the proper county as informant, and his name shall be subscribed thereto by himself or by his deputy.
2. He shall endorse thereon the names of such witnesses as are known to him at the time of filing the same, and shall also endorse upon such information the names of such other witnesses as may become known to him before the trial at such time as the court may, by rule or otherwise, prescribe; but this shall not preclude the calling of witnesses whose names, or the materiality of whose testimony, are first learned by the district attorney upon the trial. He shall include with each name the address of the witness if known to him. He shall not endorse the name of any witness whom he does not reasonably expect to call.
3. In all cases in which the defendant has not had or waived a preliminary examination there shall be filed with the information the affidavit of some credible person verifying the information upon the personal knowledge of affiant that the offense was committed.
Sec. 106. 1. The district attorney of the proper county shall inquire into all cases of preliminary examinations as provided by law, concerning the commission of any offense, whether the offenders shall be committed to jail, or be recognized or held to bail.
2. If the district attorney shall determine in any such case that an information ought not to be filed, he shall file with the clerk of the court having jurisdiction of the supposed offense a written statement containing his reasons, in fact and in law, for not filing any information in the case.
κ1967 Statutes of Nevada, Page 1413 (CHAPTER 523, AB 81)κ
The statement shall be filed within 15 days after the holding of the preliminary examination.
Sec. 107. The judge of the court having jurisdiction may in extreme cases, upon affidavit filed with him of the commission of a crime, require all available evidence to be delivered to the attorney general for prosecution, if the district attorney refuses to prosecute any person for such crime.
Sec. 108. 1. The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. It shall be signed by the district attorney. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to such statement.
2. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown or that he committed it by one or more specified means.
3. The indictment or information shall state for each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated. Error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice.
Sec. 109. The court on motion of the defendant may strike surplusage from the indictment or information.
Sec. 110. The court may permit an information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.
Sec. 111. When a defendant is charged by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings referring to the fact of his being charged by the name mentioned in the indictment or information.
Sec. 112. Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are:
1. Based on the same act or transaction; or
2. Based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.
Sec. 113. The prosecution is not required to elect between the different offenses or counts set forth in the indictment or information and a plea of guilty to one or more offenses charged in the indictment or information does not preclude prosecution for the other offenses.
Sec. 114. Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.
Sec. 115. 1. Upon the request of the district attorney the court shall issue a warrant for each defendant named in the indictment or information.
κ1967 Statutes of Nevada, Page 1414 (CHAPTER 523, AB 81)κ
2. The clerk shall issue a summons instead of a warrant upon the request of the district attorney or by direction of the court.
3. Upon like request or direction the clerk shall issue more than one warrant or summons for the same defendant.
4. The clerk shall deliver the warrant or summons to the peace officer or other person authorized by law to execute or serve it.
5. If a defendant fails to appear in response to the summons, a warrant shall issue.
Sec. 116. The form of the warrant shall be as provided in section 28 of this act except that it shall be signed by the clerk, it shall describe the offense charged in the indictment or information and it shall command that the defendant be arrested and brought before the court. The amount of bail may be fixed by the court and endorsed on the warrant.
Sec. 117. If the offense charged in the warrant is bailable, and the defendant is arrested in another county, the officer must, upon being required by the defendant, take him before the most convenient magistrate in that or any adjoining county, who must admit the defendant to bail in the amount fixed in the warrant and take bail from him accordingly, naming therein a time, not more than 10 days after the time of taking such bail, for the defendant to appear before the court in which the warrant was issued; or, in case the court is not in session at the time so fixed for the defendant to appear, for the defendant to appear before the court in which the warrant was issued at the first time it is in session thereafter.
Sec. 118. When the indictment or information is for a felony and the defendant before the filing thereof has given bail for his appearance to answer the charge, the court in which the indictment or information is presented, or in which it is pending, may order the defendant to be committed to actual custody unless he gives bail in an increased amount, to be specified in the order.
Sec. 119. The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at the stated time and place.
Sec. 120. The warrant shall be executed or the summons served as provided in sections 33, 35 and 36 of this act. A summons to a corporation shall be served as provided in section 36 of this act. The officer executing the warrant shall bring the arrested person promptly before the court or, for the purpose of admission to bail, before a magistrate.
Sec. 121. 1. The peace officer executing a warrant shall make return thereof to the court. At the request of the district attorney any unexecuted warrant shall be returned and canceled.
2. On or before the return day the person to whom a summons was delivered for service shall make return thereof.
3. At the request of the district attorney made at any time while the indictment or information is pending, a warrant returned unexecuted and not canceled or a summons returned unserved or a duplicate thereof may be delivered by the clerk to a peace officer or other authorized person for execution or service.
Sec. 122. Chapter 174 of NRS is hereby amended by adding thereto the provisions set forth as sections 123 to 172, inclusive, of this act.
Sec. 123. 1. Arraignment shall be conducted in open court and shall consist of reading the indictment or information to the defendant or stating to him the substance of the charge and calling on him to plead thereto.
κ1967 Statutes of Nevada, Page 1415 (CHAPTER 523, AB 81)κ
consist of reading the indictment or information to the defendant or stating to him the substance of the charge and calling on him to plead thereto. He shall be given a copy of the indictment or information before he is called upon to plead.
2. In justices court, before the trial commences, the complaint must be distinctly read to the defendant before he is called upon to plead.
Sec. 124. When the defendant is arraigned, he must be informed that if the name by which he is prosecuted in not his true name he must then declare his true name, or be proceeded against by the name in the indictment, information or complaint. If he gives no other name, the court may proceed accordingly; but, if he alleges that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subsequent proceedings on the information, indictment or complaint may be had against him by that name, referring also to the name by which he was first charged therein.
Sec. 125. 1. A defendant may plead not guilty, guilty or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty, and shall not accept such plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and consequences of the plea.
2. The defendant may, in the alternative or in addition to any one of the pleas permitted by subsection 1, plead not guilty by reason of insanity. A defendant who has not so pleaded may offer the defense of insanity during trial upon good cause shown. Under such plea or defense, the burden of proof is upon the defendant to establish his insanity by a preponderance of the evidence.
3. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.
Sec. 126. 1. When any person is convicted upon a plea of guilty of an offense punishable by death, except as provided in section 128 of this act, the supreme court shall appoint two district judges from judicial districts other than the district in which the plea is made who shall with the district judge before whom such plea is made, or his successor in office, by examination of witnesses determine the degree or facts of the offense and give sentence accordingly. A sentence of death may be given only by unanimous vote of the three judges, but any other sentence may be given by the vote of a majority.
2. If the concurrence of a majority cannot be had for any sentence less than death, the supreme court shall appoint a new panel of three district judges, none of whom was a member of the original panel. The new panel may in its discretion either give sentence upon the record of the evidence heard before the original panel or supplement such record by recalling the former witnesses or calling new ones. The same vote is required for the giving of sentence by the new panel as by the original panel.
Sec. 127. In the justices court, if the defendant pleads guilty, the court may, before entering such a plea or pronouncing judgment, examine witnesses to ascertain the gravity of the offense committed; and if it appears to the court that a higher offense has been committed than the offense charged in the complaint, the court may order the defendant to be committed or admitted to bail, to answer any indictment that may be found against him or any information which may be filed by the district attorney.
κ1967 Statutes of Nevada, Page 1416 (CHAPTER 523, AB 81)κ
offense charged in the complaint, the court may order the defendant to be committed or admitted to bail, to answer any indictment that may be found against him or any information which may be filed by the district attorney.
Sec. 128. 1. On a plea of guilty to an information or indictment accusing a defendant of a crime divided into degrees, when consented to by the district attorney in open court and approved by the court, the plea may specify the degree, and in such event the defendant shall not be punished for a higher degree than that specified in the plea.
2. On a plea of guilty to an indictment or information for an offense punishable by death, when consented to by the district attorney in open court and approved by the court, the plea may specify a punishment less than death. The specified punishment, or any lesser punishment, may be imposed by a single judge.
Sec. 129. 1. Pleadings in criminal proceedings shall be the indictment, the information and, in justices court, the complaint, and the pleas of guilty, not guilty, not guilty by reason of insanity, and nolo contendere.
2. All other pleas, and demurrers and motions to quash are abolished, and defenses and objections raised before trial which heretofore could have been raised by one or more of them shall be raised only by motion to dismiss or to grant appropriate relief, as provided in this Title.
Sec. 130. 1. If the defendant was formerly acquitted on the ground of variance between the indictment, information or complaint and proof, or the indictment, information, or complaint was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense without a judgment of acquittal, it is not an acquittal of the same offense.
2. Whenever the defendant is acquitted on the merits, he is acquitted on the same offense, notwithstanding any defect in form or substance in the indictment, information, or complaint on which the trial was had.
3. When the defendant is convicted or acquitted, or has been once placed in jeopardy upon an indictment, information or complaint, the conviction, acquittal or jeopardy is a bar to another indictment, information or complaint for the offense charged in the former, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that indictment, information or complaint.
4. In all cases where a jury is discharged or prevented from giving a verdict by reason of any accident or other cause, except where the defendant is discharged during the progress of the trial or after the cause is submitted to them, the cause may be again tried.
Sec. 131. Any defense or objection which is capable of determination without the trial of the general issue may be raised before trial by motion.
Sec. 132. 1. Defenses and objections based on defects in the institution of the prosecution, other than insufficiency of the evidence to warrant an indictment, or in the indictment, information or complaint, other than that it fails to show jurisdiction in the court or to charge an offense, may be raised only by motion before trial. The motion shall include all such defenses and objections then available to the defendant.
2. Failure to present any such defense or objection as herein provided constitutes a waiver thereof, but the court for cause shown may grant relief from the waiver.
κ1967 Statutes of Nevada, Page 1417 (CHAPTER 523, AB 81)κ
constitutes a waiver thereof, but the court for cause shown may grant relief from the waiver.
3. Lack of jurisdiction or the failure of the indictment, information or complaint to charge an offense shall be noticed by the court at any time during the pendency of the proceeding.
Sec. 133. The motion shall be made before the plea is entered, but the court may permit it to be made within a reasonable time thereafter.
Sec. 134. 1. All motions in a criminal prosecution to suppress evidence, for a transcript of former proceedings, for a preliminary hearing, for severance of joint defendants, for withdrawal of counsel, and all other motions which by their nature, if granted, delay or postpone the time of trial, shall be made prior to trial, unless opportunity to make any such motion prior to trial did not exist or the moving party was not aware of the grounds for the motion prior to trial.
2. In any judicial district in which a single judge is provided by NRS 3.010:
(a) All motions subject to the provisions of subsection 1 shall be made in writing, with not less than 10 days notice to the opposite party unless good cause is shown to the court at the time of trial why the motion could not have been made in writing upon the required notice.
(b) The court may, by written order, shorten the notice required to be given to the opposite party.
3. In any judicial district in which two or more judges are provided by NRS 3.010:
(a) All motions subject to the provisions of subsection 1 shall be made in writing not less than 15 days before the date set for trial, except that if less than 15 days intervene between entry of a plea and the date set for trial, such a motion may be made within 5 days after entry of the plea.
(b) The court may, if a defendant waives hearing on the motion or for other good cause shown, permit the motion to be made at a later date.
4. Grounds for making such a motion after the time provided or at the trial must be shown by affidavit.
Sec. 135. 1. A motion before trial raising defenses or objections shall be determined before trial unless the court orders that it be deferred for determination at the trial of the general issue.
2. An issue of fact shall be tried by a jury if a jury trial is required under the Constitution of the United States or of the State of Nevada or by statute.
3. All other issues of fact shall be determined by the court with or without a jury or on affidavits or in such other manner as the court may direct.
Sec. 136. 1. If a motion is determined adversely to the defendant he shall be permitted to plead if he had not previously pleaded. A plea previously entered shall stand.
2. If the court grants a motion based on a defect in the institution of the prosecution or in the indictment, information or complaint, it may also order that the defendant be held in custody or that his bail be continued for a specified time pending the filing of a new indictment, information or complaint.
3. Nothing in this section shall affect the provisions of any statute relating to periods of limitations.
κ1967 Statutes of Nevada, Page 1418 (CHAPTER 523, AB 81)κ
Sec. 137. The court may order two or more indictments or informations or both to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as if the prosecution were under such single indictment or information.
Sec. 138. 1. If it appears that a defendant or the State of Nevada is prejudiced by a joinder of offenses or of defendants in an indictment or information, or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires.
2. In ruling on a motion by a defendant for severance the court may order the district attorney to deliver to the court for inspection in chambers any statements or confessions made by the defendants which the state intends to introduce in evidence at the trial.
Sec. 139. 1. If it appears that a prospective witness may be unable to attend or prevent from attending a trial or hearing, that his testimony is material and that it is necessary to take his deposition in order to prevent a failure of justice, the court at any time after the filing of an indictment, information or complaint may upon motion of a defendant or of the state and notice to the parties order that his testimony be taken by deposition and that any designated books, papers, documents or tangible objects, not privileged, be produced at the same time and place. If the deposition is taken upon motion of the state, the court shall order that it be taken under such conditions as will afford to each defendant the opportunity to confront the witnesses against him.
2. If a witness is committed for failure to give bail to appear to testify at a trial or hearing, the court on written motion of the witness and upon notice to the parties may direct that his deposition be taken. After the deposition has been subscribed the court may discharge the witness.
3. This section does not apply to the prosecutor, or to an accomplice in the commission of the offense charged.
Sec. 140. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time.
Sec. 141. If a defendant is without counsel the court shall advise him of his right and assign counsel to represent him unless the defendant elects to proceed without counsel or is able to obtain counsel. If it appears that a defendant at whose instance a deposition is to be taken cannot bear the expense thereof, the court may direct that the expenses of the court reporter and of travel and subsistence of the defendants attorney for attendance at the examination shall be paid as provided in NRS 7.260.
Sec. 142. A deposition shall be taken in the manner provided in civil actions. The court at the request of a defendant may direct that a deposition be taken or written interrogatories in the manner provided in civil actions.
Sec. 143. 1. At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears:
κ1967 Statutes of Nevada, Page 1419 (CHAPTER 523, AB 81)κ
(a) That the witness is dead;
(b) That the witness is out of the State of Nevada, unless it appears that the absence of the witness was procured by the party offering the deposition;
(c) That the witness is unable to attend or testify because of sickness or infirmity; or
(d) That the party offering the deposition has been unable to procure the attendance of the witness by subpena.
2. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness.
3. If only a part of a deposition is offered in evidence by a party, an adverse party may require him to offer all of it which is relevant to the part offered and any party may offer other parts.
Sec. 144. Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions.
Sec. 145. Upon motion of a defendant the court may order the district attorney to permit the defendant to inspect and copy or photograph any relevant:
1. Written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the district attorney; and
2. Results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the district attorney.
Sec. 146. Upon motion of a defendant the court may order the district attorney to permit the defendant to inspect and copy or photograph books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the state, upon a showing of materiality to the preparation of his defense and that the request is reasonable. Except as provided in subsection 2 of section 145 of this act, this section does not authorize the discovery or inspection of reports, memoranda or other internal state documents made by state agents in connection with the investigation or prosecution of the case, or of statements made by state witnesses or prospective state witnesses (other than the defendant) to agents of the state.
Sec. 147. If the court grants relief sought by the defendant under subsection 2 of section 145 or under section 146 of this act, it may, upon motion of the state, condition its order by requiring that the defendant permit the state to inspect and copy or photograph scientific or medical reports, books, papers, documents, tangible objects, or copies or portions thereof, which the defendant intends to produce at the trial and which are within his possession, custody or control, upon a showing of materiality to the preparation of the states case and that the request is reasonable. Except as to scientific or medical reports, this section does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by the defendant, or his attorneys, or agents in connection with the investigation or defense of the case, or of statements made by the defendant, or by state or defense witnesses, or by prospective state or defense witnesses, to the defendant, his agents or attorneys.
κ1967 Statutes of Nevada, Page 1420 (CHAPTER 523, AB 81)κ
made by the defendant, or by state or defense witnesses, or by prospective state or defense witnesses, to the defendant, his agents or attorneys.
Sec. 148. An order of the court granting relief under sections 145 to 151, inclusive, of this act shall specify the time, place and manner of making the discovery and inspection permitted and may prescribe such terms and conditions as are just.
Sec. 149. Upon a sufficient showing the court may at any time order that the discovery or inspection be denied, restricted or deferred, or make such other order as is appropriate. Upon motion by the state the court may permit the state to make such showing, in whole or in part, in the form of a written statement to be inspected by the court in chambers. If the court enters an order granting relief following a showing in chambers, the entire text of the states statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal by the defendant.
Sec. 150. A motion under sections 145 to 151, inclusive, of this act may be made only within 10 days after arraignment or at such reasonable later time as the court may permit. The motion shall include all relief sought under such sections. A subsequent motion may be made only upon a showing of cause why such motion would be in the interest of justice.
Sec. 151. If, subsequent to compliance with an order issued pursuant to sections 145 to 151, inclusive, of this act, and prior to or during trial, a party discovers additional material previously requested or ordered which is subject to discovery or inspection under such sections, he shall promptly notify the other party or his attorney or the court of the existence of the additional material. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with such sections or with an order issued pursuant to such sections, the court may order such party to permit the discovery or inspection of materials not previously disclosed, grant a continuance, or prohibit the party from introducing in evidence the material not disclosed, or it may enter such other order as it deems just under the circumstances.
Sec. 152. 1. A subpena shall be issued by the clerk under the seal of the court. It shall state the name of the court and the title, if any, of the proceeding, and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The clerk shall issue a subpena, signed and sealed but otherwise in blank, to a party requesting it, who shall fill in the blanks before it is served.
2. A subpena shall be issued by a justice of the peace in a proceeding before him, but it need not be under the seal of the court.
Sec. 153. 1. When it is necessary to have a person imprisoned in the state prison brought before any district court, or a person imprisoned in the county jail brought before a district court sitting in another county, an order for that purpose may be made by the district court or district judge, at chambers, and executed by the sheriff of the county when it is made. The order can only be made upon motion of a party upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.
2. When a person required as a witness before a district court is imprisoned, the judge thereof may order the sheriff to bring the prisoner before the court at the expense of the state or, in his discretion, at the expense of the defendant.
κ1967 Statutes of Nevada, Page 1421 (CHAPTER 523, AB 81)κ
before the court at the expense of the state or, in his discretion, at the expense of the defendant.
Sec. 154. 1. A subpena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein.
2. The court on motion made promptly may quash or modify the subpena if compliance would be unreasonable or oppressive.
3. The court may direct that books, papers, documents or objects designated in the subpena be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit the books, papers, documents or objects or portions thereof to be inspected by the parties and their attorneys.
Sec. 155. A subpena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. Service of a subpena shall be made by delivering a copy thereof to the person named.
Sec. 156. Fees and expenses of witnesses in criminal cases shall be as provided in NRS 48.290 and 48.300.
Sec. 157. A subpena requiring the attendance of a witness at a hearing or trial may be served at any place within the State of Nevada.
Sec. 158. 1. An order to take a deposition authorizes the issuance by the clerk of the court for the county in which the deposition is to be taken of subpenas for the persons named or described therein.
2. A resident of this state may be required to attend an examination only in the county wherein he resides or is employed or transacts his business in person. A nonresident of this state may be required to attend only in the county where he is served with a subpena or within 40 miles from the place of service or at such other place as is fixed by the court.
Sec. 159. 1. Failure by any person without adequate excuse to obey a subpena served upon him may be deemed a contempt of the court from which the subpena issued.
2. A witness disobeying a subpena issued on the part of a defendant shall also forfeit to the defendant the sum of $100, which may be recovered in a civil action, unless good cause can be shown for his nonattendance.
Sec. 160. Sections 160 to 165, inclusive, of this act, may be cited as the Uniform Act To Secure the Attendance of Witnesses From Without a State in Criminal Proceedings.
Sec. 161. As used in sections 160 to 165, inclusive, of this act:
1. State shall include any territory of the United States and the District of Columbia.
2. Summons shall include a subpena, order or other notice requiring the appearance of a witness.
3. Witness shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
Sec. 162. 1. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.
κ1967 Statutes of Nevada, Page 1422 (CHAPTER 523, AB 81)κ
investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.
2. If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence (and of any other state through which the witness may be required to pass by ordinary course of travel), will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
3. If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, may, in lieu of issuing subpena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
4. If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and $5 for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Sec. 163. 1. If a person in any state, which by its law has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness shall be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
2. If the witness is summoned to attend and testify in this state he shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that he is required to travel and attend as a witness.
κ1967 Statutes of Nevada, Page 1423 (CHAPTER 523, AB 81)κ
traveled route to and from the court where the prosecution is pending and $5 for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Sec. 164. 1. If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
2. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
Sec. 165. Sections 160 to 165, inclusive, of this act shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact them.
Sec. 166. A criminal action prosecuted by indictment, information or complaint may be removed from the court in which it is pending, on application of the defendant or state, on the ground that a fair and impartial trial cannot be had in the county where the indictment, information or complaint is pending.
Sec. 167. 1. The application for removal must be made in open court, and in writing, verified by the affidavit of the defendant or district attorney, and a copy of the affidavit must be served on the adverse party, at least 1 day prior to the hearing of the application.
2. The application may be supported or opposed by other affidavits or other evidence, or other witnesses may be examined in open court.
3. Whenever the affidavit of the defendant shows that he cannot safely appear in person to make such application, because popular prejudice is so great as to endanger his personal safety, and such statement is sustained by other testimony, such application may be made by his attorney and must be heard and determined in the absence of the defendant, notwithstanding the charge then pending against him be a felony, and he has not, at the time of such application, been arrested or given bail, or been arraigned, or pleaded to the indictment or information.
Sec. 168. If the court is satisfied that the representations of the applicant are true, an order must be made transferring the action to the district court of some convenient county free from a like objection.
Sec. 169. The order of removal must be entered on the minutes, and the clerk must immediately make out and transmit to the court to which the action is removed a certified copy of the order of removal, record, pleadings, and proceedings in the action, including the undertakings for the appearance of the defendant and of the witnesses.
Sec. 170. If the defendant is in custody, the order must direct his removal and he must be forthwith removed by the sheriff of the county where he is imprisoned, to the custody of the sheriff of the county to which the action is removed.
κ1967 Statutes of Nevada, Page 1424 (CHAPTER 523, AB 81)κ
removal and he must be forthwith removed by the sheriff of the county where he is imprisoned, to the custody of the sheriff of the county to which the action is removed.
Sec. 171. The court to which the action is removed must proceed to trial and judgment therein as if the action had been commenced in such court. If it is necessary to have any of the original pleadings or other papers before such court, the court from which the action is removed must, at any time, on the application of the district attorney or the defendant, order such papers or pleadings to be transmitted by the clerk, a certified copy thereof being retained.
Sec. 172. 1. When an action is called for trial, or at any time previous thereto, the court may, upon sufficient cause shown by either party by affidavit, direct the trial to be postponed to another day; but in all cases where a continuance is granted upon the application of either party the court may require, as a condition of granting such continuance, that the party applying therefor consent to taking, forthwith, or at any time to be fixed by the court, of the deposition of any witness summoned by the opposite party whose deposition has not previously been taken.
2. The court also has authority to require all witnesses to enter into undertakings in such sum as the court may order, with or without sureties, to appear and testify on the day to which the case may be continued; but any witness who is unable to procure sureties for his attendance may be discharged on his own recognizance, upon giving his deposition in the manner prescribed in sections 137 and 142 of this act.
3. All depositions taken in pursuance of any of the provisions of this Title may be read in evidence, subject to the legal objections made at the time of taking the same, on the trial of the cause, whenever it shall appear that the personal attendance of the witness could not, with due diligence, be obtained, or when he has left the state, or become of unsound mind, or is too sick or infirm to attend, or is dead.
Sec. 173. Chapter 175 of NRS is hereby amended by adding thereto the provisions set forth as sections 174 to 229, inclusive of this act.
Sec. 174. 1. In a district court, cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the state. A defendant who pleads not guilty to the charge of a capital offense must be tried by jury.
2. In a justices court, a case shall be tried by jury only if the defendant so demands in writing not less than 5 days prior to trial. Where a case is tried by jury, a reporter must be present who is an official reporter for a district court of this state, and shall report the trial.
Sec. 175. 1. Trial juries for criminal actions are formed in the same manner as trial juries in civil actions.
2. Juries shall be of 12 but at any time before verdict the parties may stipulate in writing with the approval of the court that the jury shall consist of any number less than 12.
Sec. 176. 1. The court may permit the defendant or his attorney and the district attorney to conduct the examination of prospective jurors or may itself conduct the examination.
2. In the latter event the court shall permit the defendant or his attorney and the district attorney to supplement the examination by further inquiry.
κ1967 Statutes of Nevada, Page 1425 (CHAPTER 523, AB 81)κ
Sec. 177. When several defendants are tried together, they cannot sever their peremptory challenges, but must join therein.
Sec. 178. 1. If the offense charged is punishable by death or by imprisonment for life, each side is entitled to eight peremptory challenges.
2. If the offense charged is punishable by imprisonment for any other term or by fine or by both fine and imprisonment, each side is entitled to four peremptory challenges.
3. The state and the defendant shall exercise their challenges alternately, in that order. Any challenge not exercised in its proper order is waived.
Sec. 179. 1. The court may direct that not more than four jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who become unable or disqualified to perform their duties.
2. Alternate jurors shall:
(a) Be drawn in the same manner;
(b) Have the same qualifications;
(c) Be subject to the same examination and challenges;
(d) Take the same oath; and
(e) Have the same functions, powers, facilities and privileges
as the regular jurors.
3. If an alternate juror is required to replace a regular juror after the jury has retired to consider its verdict, the judge shall recall the jury, seat the alternate and resubmit the case to the jury.
4. Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled, and two peremptory challenges if three or four alternate jurors are to be impaneled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by these rules may not be used against an alternate juror.
Sec. 180. If, before the conclusion of the trial, and there being no alternate juror called or available, a juror dies, or becomes disqualified or unable to perform his duty, the court may duly order him to be discharged and a new juror may be sworn and the trial began anew, or the jury may be discharged and a new jury then or afterward impaneled.
Sec. 181. If, after the retirement of the jury, any accident or cause occurs to prevent their being kept for deliberation, the jury may be discharged.
Sec. 182. If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge regularly sitting in or assigned to the court, upon certifying that he has familiarized himself with the record of the trial, may proceed with and finish the trial.
Sec. 183. If by reason of absence from the judicial district, death, sickness or other disability the judge before whom the defendant has been tried is unable to perform the duties to be performed by the court after a verdict or finding of guilt, any other judge regularly sitting in or assigned to the court may perform those duties; but if such other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.
κ1967 Statutes of Nevada, Page 1426 (CHAPTER 523, AB 81)κ
Sec. 184. When the jury has been impaneled, the court shall administer the following oath:
Do you and each of you solemnly swear that you will well and truly try this case, now pending before this court, and a true verdict render according to the evidence given, so help you God.
Sec. 185. 1. The judge shall then admonish the jury that:
(a) No juror may declare to his fellow jurors any fact relating to the case as of his own knowledge; and
(b) If any juror discovers during the trial or after the jury has retired that he or any other juror has personal knowledge of any fact in controversy in the case, he shall disclose such situation to the judge out of the presence of the other jurors.
2. When any such disclosure is made, the judge shall examine the juror who admits or is alleged to have personal knowledge, under oath, in the presence of counsel for the parties, and may allow such counsel to examine the juror.
3. If the juror has disclosed his own knowledge to the judge and it appears that he has not declared any fact relating to the case to his fellow jurors as of his own knowledge, the judge shall after the examination decide whether the juror shall remain or shall be replaced by an alternate juror.
4. If it appears that the juror has declared any fact relating to the case to his fellow jurors as of his own knowledge, or that his vote was influenced by such knowledge undisclosed, the judge shall declare a mistrial.
Sec. 186. Before any evidence has been introduced the judge may inform the jury they may individually take notes during the trial, but he shall further caution them not to rely upon their respective notes in case of conflict among them, because the reporters notes contain the complete and authentic record of the trial.
Sec. 187. The jury having been impaneled and sworn, the trial shall proceed in the following order:
1. If the indictment or information be for a felony, the clerk must read it and state the plea of the defendant to the jury. In all other cases this formality may be dispensed with.
2. The district attorney, or other counsel for the state, must open the cause. The defendant or his counsel may then either make his opening statement or reserve it to be made immediately prior to the presentation of evidence in his behalf.
3. The state must then offer its evidence in support of the charge, and the defendant may then offer evidence in his defense.
4. The parties may then respectively offer rebutting testimony only, unless the court, for good reasons, in furtherance of justice, permit them to offer evidence upon their original cause.
5. When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the district attorney, or other counsel for the state, must open and must conclude the argument.
Sec. 188. If the indictment or information be for an offense punishable with death, two counsel on each side may argue the case to the jury, but in such case, as well as in all others, the counsel for the state must open and conclude the argument.
κ1967 Statutes of Nevada, Page 1427 (CHAPTER 523, AB 81)κ
jury, but in such case, as well as in all others, the counsel for the state must open and conclude the argument. If it be for any other offense, the court may, in its discretion, restrict the argument to one counsel on each side.
Sec. 189. 1. Upon the close of the argument, the judge shall charge the jury. He may state the testimony and declare the law, but shall not charge the jury in respect to matters of fact; such charge shall be reduced to writing before it is given; and in no case shall any charge or instructions be given to the jury otherwise than in writing, unless by the mutual consent of the parties. If either party request it, the court must settle and give the instructions to the jury before the argument begins, but this shall not prevent the giving of further instructions which may become necessary by reason of the argument.
2. In charging the jury, the court shall state to them all such matters of law as it shall think necessary for their information in giving their verdict.
3. Either party may present to the court any written charge, and request that it may be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused.
4. Upon each charge so presented and given, or refused, the court shall endorse its decision, and shall sign it. If part be given and part refused, the court shall distinguish, showing by the endorsement what part of the charge was given and what part refused.
Sec. 190. In the trial of all indictments, complaints and other proceedings against persons charged with the commission of crimes or offenses, the person so charged shall, at his own request, but not otherwise, be deemed a competent witness, the credit to be given his testimony being left solely to the jury, under the instructions of the court, but no special instruction shall be given relating exclusively to the testimony of the defendant.
Sec. 191. 1. No instruction shall be given relative to the failure of the person charged with the commission of crime or offense to testify, except, upon the request of the person so charged, the court shall instruct the jury that, in accordance with a right guaranteed by the constitution, no person can be compelled, in a criminal action, to be a witness against himself.
2. Nothing herein contained shall be construed as compelling any such person to testify.
Sec. 192. A defendant in a criminal action is presumed to be innocent until the contrary is proved; and in case of a reasonable doubt whether his guilty is satisfactorily shown, he is entitled to be acquitted.
Sec. 193. Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt; and when an offense has been proved against him, and there exists a reasonable doubt as to which of two or more degrees he is guilty, he shall be convicted only of the lowest.
Sec. 194. 1. A reasonable doubt is one based on reason. It is not mere possible doubt, but is such a doubt as would govern or control a person in the more weighty affairs of life. If the minds of the jurors, after the entire comparison and consideration of all the evidence, are in such a condition that they can say they feel an abiding conviction of the truth of the charge, there is not a reasonable doubt.
κ1967 Statutes of Nevada, Page 1428 (CHAPTER 523, AB 81)κ
condition that they can say they feel an abiding conviction of the truth of the charge, there is not a reasonable doubt. Doubt to be reasonable must be actual and substantial, not mere possibility or speculation.
2. No other definition of reasonable doubt shall be given by the court to juries in criminal actions in this state.
Sec. 195. 1. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by statute.
2. The admissibility of evidence and the competency and privileges of witnesses shall be governed, except when otherwise provided by statute, by the principles of the common law as they may be interpreted by the courts of the State of Nevada in the light of reason and experience.
Sec. 196. An official record or an entry therein or the lack of such a record or entry may be proved in the same manner as in civil actions.
Sec. 197. If, upon a trial or proceeding in a criminal case, the existence, constitution or powers of any corporation shall become material, or be in any way drawn in question, it is not necessary to produce a certified copy of the articles or acts of incorporation, but the same may be proved by general reputation, or by the printed statutes of the state, or government, or country by which such corporation was created.
Sec. 198. Upon a trial for conspiracy, in a case where an overt act shall be necessary to constitute the offense, the defendant shall not be convicted unless one or more overt acts shall be expressly alleged in the indictment or information, nor unless one of the acts alleged shall have been proved; but other overt acts not alleged may be given in evidence.
Sec. 199. Upon a trial for having, with an intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person, to a written instrument, or having obtained from any person any money, personal property, or valuable thing, the defendant shall not be convicted if the false pretense shall have been expressed in language, unaccompanied by a false token or writing, unless the pretense or some note or memorandum thereof be in writing, subscribed by or in the handwriting of the defendant, or unless the pretense be proved by the testimony of two witnesses, or that of one witness and corroborating circumstances; but this section shall not apply to a prosecution for falsely representing or personating another, and, in such assumed character, marrying, or receiving any money or property.
Sec. 200. 1. The court may order the defendant or the state or both to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations.
2. The court may appoint any expert witnesses agreed upon by the parties, and may appoint witnesses of its own selection. An expert witness shall not be appointed by the court unless he consents to act.
3. A witness so appointed shall be informed of his duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have the opportunity to participate.
4. A witness so appointed shall advise the parties of his findings, if any, and may thereafter be called to testify by the court or by any party. He shall be subject to cross-examination by each party.
5. The court may determine the reasonable compensation of such a witness and direct its payment out of such funds as may be provided by law.
κ1967 Statutes of Nevada, Page 1429 (CHAPTER 523, AB 81)κ
6. The parties also may call expert witnesses of their own selection.
7. An expert witness, whether appointed by the court or called by a party, may in the discretion of the judge be excluded from the courtroom during the testimony of other witnesses.
Sec. 201. The court may appoint an interpreter of its own selection and may fix the reasonable compensation of such interpreter. Such compensation shall be paid out of funds provided by law.
Sec. 202. 1. A conviction shall not be had on the testimony of an accomplice unless he is corroborated by other evidence which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration shall not be sufficient if it merely shows the commission of the offense or the circumstances thereof.
2. An accomplice is hereby defined as one who is liable to prosecution, for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given.
Sec. 203. Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, or for inveigling, enticing or taking away any female of previous chaste character, for the purpose of prostitution, or aiding or assisting therein, the defendant shall not be convicted upon the testimony of the woman upon or with whom the offense shall have been committed, unless she is corroborated by other evidence.
Sec. 204. If it appears by the testimony that the facts proved constitute an offense of a higher nature than that charged in the indictment or information, the court may direct the jury to be discharged, and all proceedings on the indictment or information to be suspended, and may order the defendant to be committed, or continued on, or admitted to bail, to answer any new indictment or information which may be found or filed against him for the higher offense.
Sec. 205. If an indictment for the higher offense be dismissed by the grand jury, or be not found at its next session, or if an information be not filed before the next session of the grand jury, the court shall again proceed to try the defendant on the original indictment or information.
Sec. 206. When a defendant who has given bail appears for trial, the court may, in its discretion, at any time after his appearance for trial, order him to be committed to the custody of the proper officer, to abide the judgment or further order of the court, and he must be committed and held in custody accordingly.
Sec. 207. When it appears, at any time before verdict or judgment, that a mistake has been made in charging the proper offense, the defendant must not be discharged, if there appears good cause to detain him in custody; but the court must commit him, or require him to give bail for his appearance to answer to the offense; and may also require the witnesses to give bail for their appearance.
Sec. 208. If the jury is discharged because the court has not jurisdiction of the offense charged, and it appears that it was committed out of the jurisdiction of this state, the defendant must be discharged, unless the court orders that he be detained for a reasonable time, to be specified in the order, to enable the district attorney to communicate with the chief executive officer of the country, state, territory or district where the offense was committed.
κ1967 Statutes of Nevada, Page 1430 (CHAPTER 523, AB 81)κ
Sec. 209. If the offense was committed within the jurisdiction of another county of this state, the court may direct the defendant to be committed for such time as it deems reasonable, to await a warrant from the proper county for his arrest, or it may admit him to bail in an undertaking, with sufficient sureties that he will, within such time as the court may appoint, render himself amenable to a warrant for his arrest from the proper county; and, if not sooner arrested thereon, will attend at the office of the sheriff of the county, where the trial was had, at a certain time particularly specified in the undertaking, to surrender himself upon the warrant, if issued, or that his bail will forfeit such sum as the court may fix, to be mentioned in the undertaking; and the clerk must forthwith transmit a certified copy of the indictment or information, and of all the papers filed in the action, to the district attorney of the proper county, the expenses of which transmission are chargeable to that county.
Sec. 210. 1. If the defendant is not arrested on a warrant from the proper county, as provided in section 209 of this act, he must be discharged from custody, or his bail in the action is exonerated, or money deposited instead of bail must be refunded, as the case may be, and the sureties in the undertaking, as mentioned in that section, must be discharged.
2. If he is arrested, the same proceedings must be had thereon as upon the arrest of a defendant in another county on a warrant issued by a magistrate.
Sec. 211. If, at any time after the evidence on either side is closed, the court deems the evidence insufficient to warrant a conviction, it may advise the jury to acquit the defendant, but the jury is not bound by such advice.
Sec. 212. (Deleted by amendment.)
Sec. 213. (Deleted by amendment.)
Sec. 214. The jurors sworn to try a criminal action may, at any time before the submission of the case to the jury, in the discretion of the court, be permitted to separate or be kept in charge of a proper officer. The officer must be sworn to keep the jurors together until the next meeting of the court, to suffer no person to speak to them or communicate with them, nor to do so himself, on any subject connected with the trial, and to return them into court at the next meeting thereof.
Sec. 215. The jury may also, at each adjournment of the court, whether they be permitted to separate or be kept in charge of officers, be admonished by the court that it is their duty not to:
1. Converse among themselves or with anyone else on any subject connected with the trial; or
2. Read, watch or listen to any report of or commentary on the trial or any person connected with the trial by any medium of information, including without limitation newspapers, television and radio; or
3. Form or express any opinion on any subject connected with the trial until the cause is finally submitted to them.
Sec. 216. Upon the jurys retiring, an officer must be sworn to keep them together in some private and convenient place, and not permit any person to speak to or communicate with them, nor to do so himself, unless by order of the court, or to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed, or when ordered by the court.
κ1967 Statutes of Nevada, Page 1431 (CHAPTER 523, AB 81)κ
upon a verdict, and to return them into court when they have so agreed, or when ordered by the court.
Sec. 217. A room shall be provided by the sheriff of each county for the use of the jury upon their retirement for deliberation, with suitable furniture, fuel, lights and stationery, unless such necessaries have been already furnished by the county. The court may order the sheriff to do so, and the expenses incurred by him in carrying the order into effect, when certified by the court, shall be a county charge.
Sec. 218. While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they shall be provided, at the expense of the county, with suitable and sufficient food and lodging.
Sec. 219. Upon retiring for deliberation, the jury may take with them:
1. All papers and all other items and materials which have been received as evidence in the case, except depositions or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the person having them in possession.
2. The written instructions given, and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.
Sec. 220. After the jury have retired for deliberation, if there is any disagreement between them as to any part of the testimony, or if they desire to be informed on any point of law arising in the cause, they must require the officer to conduct them into court. Upon their being brought into court, the information required shall be given in the presence of, or after notice to, the district attorney and the defendant or his counsel.
Sec. 221. Except as provided in section 181 of this act, the jury shall not be discharged after the cause is submitted to them, until they have agreed upon their verdict and rendered it in open court, unless by the consent of both parties, entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.
Sec. 222. While the jury are absent, the court may adjourn from time to time, as to other business, but it shall nevertheless be deemed to be open for every purpose connected with the cause submitted to the jury, until a verdict be rendered or the jury discharged.
Sec. 223. The verdict shall be unanimous. It shall be returned by the jury to the judge in open court.
Sec. 224. If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.
Sec. 225. The defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein if the attempt is an offense.
Sec. 226. When the defendant may be convicted of more than one offense charged, each offense of which the defendant is convicted must be stated in the verdict or the finding of the court.
κ1967 Statutes of Nevada, Page 1432 (CHAPTER 523, AB 81)κ
offense charged, each offense of which the defendant is convicted must be stated in the verdict or the finding of the court.
Sec. 227. Where on a trial a defense of insanity is interposed by the defendant and he is acquitted by reason of that defense, the finding of the jury shall have the same force and effect as if he were regularly adjudged insane as now provided by law, and the judge thereupon shall forthwith order that the defendant be confined in the Nevada state hospital until he be regularly discharged therefrom in accordance with law.
Sec. 228. When a verdict is returned and before it is recorded the jury shall be polled at the request of any party or upon the courts own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberation or may be discharged.
Sec. 229. If judgment of acquittal be given on a verdict, and the defendant be not detained for any other legal cause, he must be discharged as soon as the verdict is given.
Sec. 230. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 231 to 285, inclusive, of this act.
Sec. 231. 1. Sentence shall be imposed without unreasonable delay. Pending sentence the court may commit the defendant or continue or alter the bail.
2. Before imposing sentence the court shall afford counsel an opportunity to speak on behalf of the defendant and shall address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment.
Sec. 232. A death sentence shall not be imposed or inflicted upon any person convicted of a crime now punishable by death who at the time of the commission of such crime was under the age of 16 years. As to such person, the maximum punishment that may be imposed shall be life imprisonment.
Sec. 233. 1. Whenever a person shall be convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may, in its discretion, provide that the sentences subsequently pronounced shall run either concurrently or consecutively with the sentence first imposed.
2. If the court shall make no order with reference thereto, all sentences shall run concurrently; but whenever a person under sentence of imprisonment shall commit another crime and be sentenced to another term of imprisonment, such latter term shall not begin until the expiration of all prior terms.
Sec. 234. 1. Whenever a person convicted of a public offense in this state is under sentence of imprisonment pronounced by another jurisdiction, federal or state, whether or not the prior sentence is for the same offense, the court in imposing any sentence for the offense committed in this state may, in its discretion, provide that such sentence shall run either concurrently or consecutively with the prior sentence.
2. If the court provides that the sentence shall run concurrently, and the defendant is released by the other jurisdiction prior to the expiration of the sentence imposed in this state, the defendant shall be returned to the State of Nevada to serve out the balance of such sentence.
κ1967 Statutes of Nevada, Page 1433 (CHAPTER 523, AB 81)κ
3. If the court makes no order pursuant to this section, the sentence imposed in this state shall not begin until the expiration of all prior sentences imposed by other jurisdictions.
Sec. 234.5. Whenever a sentence of imprisonment in the county jail is imposed, the court may in its discretion order that credit be allowed against such sentence, including any minimum term thereof which may be prescribed by law, for the amount of time actually spent by the defendant in confinement prior to conviction, unless such confinement was pursuant to a judgment of conviction for another offense.
Sec. 235. Whenever a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, he shall be confined in the state prison or in the county jail, whichever is designated in his sentence of imprisonment, for an additional period of 1 day for each $4 of the amount until such fine or forfeiture is satisfied, but his eligibility for parole is governed only by his sentence of imprisonment.
Sec. 236. Whenever a person is sentenced to pay a fine or forfeiture without accompanying sentence of imprisonment, he shall be confined in the county jail for a period of not more than 1 day for each $4 of the amount until such fine or forfeiture is satisfied.
Sec. 237. Whenever, after a fine has been imposed but before it has been discharged by payment or confinement, it is made to appear to the judge or justice imposing such fine or his successor that the fine is excessive in relation to the financial resources of the defendant, such judge or justice or his successor may reduce the fine accordingly.
Sec. 238. The state board of parole commissioners may direct that any prisoner confined in the state prison shall be released on parole as provided in chapter 213 of NRS, if eligible for parole under the provisions of such chapter.
Sec. 239. A judgment of conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. The judgment shall be signed by the judge and entered by the clerk.
Sec. 240. 1. In all cases of criminal prosecution where the defendant is not found guilty, the court may require the complainant, if it appears that the prosecution was malicious or without probable cause, to pay the costs of the action, or to give security to pay the same within 30 days.
2. If the complainant does not comply with the order of the court, judgment may be entered against him for the amount thereof.
3. Such judgments may be enforced and appealed from in the same manner as those rendered in civil actions.
Sec. 241. When judgment upon a conviction is rendered, the clerk shall within 5 days, annex together and file the following papers, which shall constitute the record of the action:
1. A copy of the minutes of any challenge which may have been interposed by the defendant to the panel of the grand jury, or to any individual grand juror, and the proceedings thereon.
2. The indictment or information and a copy of the minutes of the plea.
κ1967 Statutes of Nevada, Page 1434 (CHAPTER 523, AB 81)κ
3. A copy of the minutes of any challenge which may have been interposed to any juror, and the proceedings thereon.
4. A copy of the minutes of the trial.
5. A copy of the judgment.
6. The decision of the court upon matters of law deemed excepted to, if such decision is in writing, and a copy of the minutes showing any decision deemed excepted to.
7. Any written charges given or refused by the court, with the endorsements thereon.
8. The affidavits and counteraffidavits, if any, used on the hearing of a motion for a new trial.
Sec. 242. The probation service of the district court shall make a presentence investigation and report to the court upon each defendant who pleads guilty or nolo contendere or is found guilty before the imposition of sentence or the granting of probation unless the court otherwise directs.
Sec. 243. The report of the presentence investigation shall contain:
1. Any prior criminal record of the defendant;
2. Such information about his characteristics, his financial condition and the circumstances affecting his behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant;
3. A recommendation of a definite term of confinement, amount of fine or both, with a statement either that such recommendation is the normal punishment for like offenses in the United States or of the reasons for recommending a punishment more or less severe than the normal; and
4. Such other information as may be required by the court.
Sec. 244. 1. Upon request of the district attorney or of the defendant or his counsel, the court shall disclose to the district attorney and to counsel for the defendant, or to the defendant if he is without counsel, the factual content of the report of the presentence investigation and afford an opportunity to each party to comment thereon.
2. The sources of confidential information need not be disclosed.
Sec. 245. Except as provided in section 251 of this act, a motion to withdraw a plea of guilty or of nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his plea.
Sec. 246. As used in sections 246 to 254, inclusive, of this act:
1. Board means the state board of parole commissioners.
2. Court means a district court of the State of Nevada.
3. Parole and probation officer means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.
Sec. 247. 1. Whenever any person has been found guilty in a district court of the State of Nevada of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping or forcible rape, may by its order suspend the execution of the sentence imposed and grant such probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of the infamous crime against nature, of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.190, 201.210 or 201.230, is received by the court.
κ1967 Statutes of Nevada, Page 1435 (CHAPTER 523, AB 81)κ
the infamous crime against nature, of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.190, 201.210 or 201.230, is received by the court.
2. The district judge shall not grant probation until a written report is received by him from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, and if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.
3. Upon the granting of such probation, the court shall have full power to fix the terms and conditions thereof in order therefor; but in imposing sentence the court shall have the power to fix the definite term of imprisonment within the minimum and maximum periods fixed by law, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence.
4. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the board and of the chief parole and probation officer.
5. The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in sections 246 to 254, inclusive, of this act direct the clerk of such court to certify a copy of the records in the case and deliver the same to the chief parole and probation officer.
Sec. 248. 1. The parole and probation officer shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Such investigation may include a physical and mental examination of the defendant. The expense of any such examination shall be paid by the county in which the indictment was found or the information filed.
2. If a defendant is committed to any institution, the parole and probation officer shall sent a report of such investigation to the institution at the time of commitment.
Sec. 249. By order duly entered, the court may impose, and may at any time modify, any conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the parole and probation officer and the probationer.
Sec. 250. 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court. Such period with any extensions thereof shall not exceed 5 years.
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. The parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities a statement of the circumstances of violation. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
κ1967 Statutes of Nevada, Page 1436 (CHAPTER 523, AB 81)κ
parole and probation officer shall at once notify the court which granted probation of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
3. If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted probation may assign the case to the district court of that district, with the consent of such court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, and may continue or revoke the probation or suspension of sentence, and may cause the sentence imposed to be executed.
4. The necessary expenses of returning to the State of Nevada a person arrested for violation of probation shall be a charge upon the State of Nevada, and shall be paid by the parole and probation officer under the direction of the board, in the same manner as that in which other claims against the state are paid, from any funds appropriated and set aside for that purpose.
Sec. 251. 1. Every defendant who:
(a) Has fulfilled the conditions of his probation for the entire period thereof; or
(b) Is recommended for earlier discharge by the chief parole and probation officer; or
(c) Has demonstrated his fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court,
may at any time thereafter be permitted by the court to withdraw his plea of guilty or nolo contendere and enter a plea of not guilty; or, if he has been convicted after a plea of not guilty, the court may set aside the verdict of guilty; and in either case, the court shall thereupon dismiss the indictment or information against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted.
2. The probationer shall be informed of this privilege in his probation papers.
3. The probationer may make such application and change of plea in person or by attorney authorized in writing, or by a parole and probation officer authorized in writing; but in any subsequent prosecution of the defendant for any other offense, such prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the indictment or information had not been dismissed.
4. The clerk of the court shall notify every person who, and every agency which, to his knowledge has obtained from the court or clerk knowledge of the conviction, that the probationer has been honorably discharged and is released as provided in subsection 1.
5. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge.
Sec. 252. 1. Every defendant whose term of probation has expired and:
(a) Who has failed to make restitution in full as ordered by the court, without a verified showing of economic hardship; or
κ1967 Statutes of Nevada, Page 1437 (CHAPTER 523, AB 81)κ
(b) Who has otherwise failed to qualify for an honorable discharge as provided in section 251 of this act but is not subject to dishonorable discharge under section 253 of this act; or
(c) Whose whereabouts are unknown but who is not known to have committed any violation of law during his term of probation,
shall be given a general discharge.
2. Such general discharge releases the probationer from any further obligation, except a civil liability arising on the date of discharge for any unpaid restitution, but does not entitle the probationer to any privilege conferred by section 251 of this act.
Sec. 253. 1. Every defendant:
(a) Whose probation has been revoked pursuant to section 250 of this act; or
(b) Whose term of probation has expired, whose whereabouts are unknown, and for whose arrest a warrant has been issued,
shall be given a dishonorable discharge.
2. Such dishonorable discharge does not release the defendant from any obligation. Under the circumstances stated in paragraph (b) of subsection 1, it shall be issued if the defendant is not arrested within 1 year after the expiration of his term of probation.
Sec. 254. All information obtained in the discharge of the official duty by a parole and probation officer or employee of the board shall be privileged and shall not be disclosed directly or indirectly to anyone other than the board or the judge, unless otherwise ordered by the board or judge.
Sec. 255. The full amount of all fines imposed and collected under and for violation of any penal law of this state shall be paid into the state treasury.
Sec. 256. A judgment which imposes a fine constitutes a lien in like manner as a judgment for money rendered in a civil action.
Sec. 257. In justices court, when a fine is paid or bail if forfeited, the justice must pay the same to the county treasurer within 30 days thereafter.
Sec. 258. 1. In every case where a criminal action may have been or shall be removed before trial, the costs accruing upon such removal and trial shall be a charge against the county in which the cause of the indictment or information occurred.
2. The clerk of the county to which such action is or may be removed shall certify the amount of the costs to the auditor of the county in which the indictment was found, or the information filed, which shall be examined, allowed and paid as other county charges.
Sec. 259. If the judgment be imprisonment, or a fine and imprisonment until it is satisfied, the defendant must forthwith be committed to the custody of the proper officer, and by him detained until the judgment is complied with.
Sec. 260. A judgment of imprisonment to be served in a county jail must be executed by delivering the defendant into the custody of the sheriff or other officer in charge of the county jail. A copy of the judgment, duly certified by the judge or justice, is a sufficient warrant for the doing of every act necessary or proper in the due execution thereof. The officer shall, upon discharging the defendant, return such copy to the justice, with an account of his doings endorsed thereon, and must at the same time pay over to the justice all money which he may have received from the defendant in payment of the fine.
κ1967 Statutes of Nevada, Page 1438 (CHAPTER 523, AB 81)κ
justice, with an account of his doings endorsed thereon, and must at the same time pay over to the justice all money which he may have received from the defendant in payment of the fine.
Sec. 261. When a judgment of imprisonment to be served in the state prison has been pronounced, duplicate certified copies of the entry thereof in the minutes, duly attested by the clerk under the seal of the court, shall forthwith be furnished to the officers whose duty it is to execute the judgment, as provided by section 262 of this act, and no other warrant or authority is necessary to justify or require the execution thereof, except when judgment of death is rendered.
Sec. 262. 1. If the judgment is for imprisonment in the state prison, the sheriff of the county must, on receipt of the duplicate certified copies thereof, immediately notify the warden of the state prison, and the warden of the state prison shall, without delay, send some authorized person to the county where the prisoner is held for commitment to receive the prisoner.
2. When such authorized person shall present to the sheriff holding the prisoner his order for the delivery of the prisoner, the sheriff shall deliver to such authorized person one of the certified copies of the judgment, and take from such person a receipt for the prisoner, and the sheriff shall make return upon his certified copy of such judgment, showing his proceedings thereunder, and both such copy with the return affixed thereto and the receipt from the authorized person shall be filed with the county clerk.
3. The term of imprisonment designated in the judgment shall begin on the date of sentence of the prisoner by the court.
4. Upon the expiration of the term of imprisonment of the prisoner, or the termination thereof for any legal reason, the warden shall return his certified copy of the judgment to the county clerk of the county from whence it was issued, with a brief report of his proceedings thereunder endorsed thereon, and the endorsed copy shall be filed with the county clerk. The return shall show the cause of the termination of such imprisonment, whether by death, legal discharge or otherwise.
Sec. 263. 1. When a judgment of death has been pronounced, a certified copy of the entry thereof in the minutes of the court shall be forthwith executed and attested in triplicate by the clerk under the seal of the court. There shall be attached to the triplicate copies a warrant signed by the judge, attested by the clerk, under the seal of the court, which shall recite the fact of the conviction and judgment, and appoint a week within which the judgment is to be executed, which must not be less than 60 days nor more than 90 days from the time of judgment, and must direct the sheriff to deliver the prisoner to such authorized person as the warden of the state prison shall designate to receive the prisoner, for execution, such prison to be designated in the warrant.
2. The original of the triplicate copies of the judgment and warrant shall be filed in the office of the county clerk, and two of the triplicate copies shall be immediately delivered by the clerk to the sheriff of the county; one of the triplicate copies to be delivered by the sheriff, with the prisoner, to such authorized person as the warden of the state prison shall designate, which shall be the warrant and authority of the warden of the state prison for the imprisonment and execution of the prisoner, as therein provided and commanded, and the warden shall return his certified copy of the judgment to the county clerk of the county whence it was issued; and the other triplicate copy of such judgment and warrant to be the warrant and authority of the sheriff to deliver the prisoner to such authorized person so designated by the warden of the state prison; the last-mentioned copy to be returned to the county clerk by the sheriff with his proceedings endorsed thereon.
κ1967 Statutes of Nevada, Page 1439 (CHAPTER 523, AB 81)κ
as therein provided and commanded, and the warden shall return his certified copy of the judgment to the county clerk of the county whence it was issued; and the other triplicate copy of such judgment and warrant to be the warrant and authority of the sheriff to deliver the prisoner to such authorized person so designated by the warden of the state prison; the last-mentioned copy to be returned to the county clerk by the sheriff with his proceedings endorsed thereon.
Sec. 264. 1. The judgment of death shall be inflicted by the administration of lethal gas.
2. The execution shall take place within the limits of the state prison, wherein a suitable and efficient enclosure and proper means for the administration of such gas for that purpose shall be provided by the board of prison commissioners.
3. The warden of the state prison must be present, and must invite a competent physician, and not less than six reputable citizens over the age of 21 years, to be present at the execution; but no other persons shall be present at the execution.
Sec. 265. After the execution, the warden must make a return upon the death warrant to the court by which the judgment was rendered, showing the time, place, mode and manner in which it was executed.
Sec. 266. 1. Whenever any person shall be convicted of any crime except murder, kidnaping, burglary in the first degree, arson in the first degree, robbery, carnal knowledge of a female child under the age of 10 years, or rape, the court in which the conviction is had may in its discretion and when in its opinion clemency should be exercised, at the time of imposing sentence upon such person, direct that the execution of such sentence be stayed for a period of not more than 20 days for the purpose of allowing such person to apply to the state board of pardons commissioners for the remission of the fine or forfeiture, commutation of sentence or pardon.
2. Upon the staying of the execution of the sentence the court may, in its discretion, permit such person his liberty on his own recognizance, admit him to bail or commit him to such custody as to the court shall seem meet pending the determination of such application by the board.
Sec. 267. 1. Upon the staying of the sentence, as provided in section 268 of this act, the person making application to the state board of pardons commissioners shall make or cause to be made a statement in writing, signed by him, setting forth in full the reasons for the remission of the fine or forfeiture, commutation of the sentence or pardon, which statement shall be forwarded to and filed with the secretary of the board within 6 days of the staying of the execution of the sentence.
2. Accompanying the statement shall be a statement in writing signed by the judge of the court staying the sentence, wherein such judge shall give his reasons for staying the sentence, his reasons for recommending consideration by the board, and such other matters as will fully advise the board concerning the case.
3. When the statements are received by the chairman of the board, the board shall convene and consider the statements and such other evidence as it may require within such time as will permit of a determination of the matter within the 20-day period and transmittal of its order thereon to the court staying the execution of such sentence.
κ1967 Statutes of Nevada, Page 1440 (CHAPTER 523, AB 81)κ
4. The board may, upon consideration of the statements, evidence, and any other matters in connection therewith, remit the fine or forfeiture, commute the sentence, or grant a full or conditional pardon.
5. Upon the receipt of the order made by the board, the court shall enter the same upon its records and the sentence of the court theretofore imposed shall be vacated, or otherwise modified or changed so as to comply with the action of the board.
Sec. 268. If the board shall remit the fine or forfeiture in its entirely, or absolve the person from punishment, or grant an unconditional pardon, such person shall be relieved of all liability imposed by the sentence and the sentence shall be vacated and annulled by the court.
Sec. 269. Nothing in sections 266 to 268, inclusive, of this act shall be deemed to provide for or be used as an appeal to an appellate court.
Sec. 270. The execution of a judgment of death shall be stayed only:
1. By the governor or the state board of pardons commissioners as authorized in sections 13 and 14 of article 5 of the constitution of the State of Nevada;
2. When an appeal from such judgment is taken to the supreme court of Nevada; or
3. By a judge of the district court of the county in which the state prison is situated, for the purpose of a sanity or pregnancy investigation as provided in section 271 to 277, inclusive, of this act.
Sec. 271. 1. If, after judgment of death, there is a good reason to believe that the defendant has become insane, the warden of the state prison to whom the convicted person has been delivered for execution may by a petition in writing, verified by a physician, petition a district judge of the district court of the county in which the state prison is situated, alleging the present insanity of such person, whereupon such judge shall:
(a) Fix a day for a hearing to determine whether the convicted person is insane;
(b) Appoint two physicians, at least one of whom shall be a psychiatrist, to examine the convicted person; and
(c) Give immediate notice of the hearing to the attorney general and to the district attorney of the county in which the conviction was had.
2. If such judge shall determine that the hearing on and the determination of the sanity of the convicted person cannot be had before the date of the execution of such person, such judge may stay the execution of the judgment of death pending the determination of the sanity of such convicted person.
Sec. 272. 1. On the day fixed, the warden of the state prison shall bring the convicted person before the court, and the attorney general or his deputy shall attend the hearing. The district attorney of the county in which the conviction was had, and an attorney for the convicted person, may attend the hearing.
2. The court shall receive the report of the examining physicians and may require the production of other evidence. The attorney general or his deputy, the district attorney, and the attorney for the convicted person or such person if he is without counsel may introduce evidence and cross-examine any witness, including the examining physicians.
κ1967 Statutes of Nevada, Page 1441 (CHAPTER 523, AB 81)κ
3. The court shall then make and enter its finding of sanity or insanity.
Sec. 273. If it is found by the court that the convicted person is sane, the warden must execute the judgment of death; but if such judgment has been stayed, as provided in section 271 of this act, the judge shall cause a certified copy of his order staying the execution of the judgment, together with a certified copy of his finding that the convicted person is sane, to be immediately forwarded by the clerk of the court to the clerk of the district court of the county in which the conviction was had, who shall give notice thereof to the district attorney of such county, whereupon proceedings shall be instituted in the last-mentioned district court for the issuance of a new warrant of execution of the judgment of death in the manner provided in section 278 of this act.
Sec. 274. 1. If it is found by the court that the convicted person is insane, the judge shall make and enter an order staying the execution of the judgment of death until the convicted person shall have become sane, and shall therein direct the warden of the state prison to confine such person in a safe place of confinement until his reason is restored.
2. The clerk of the court shall serve or cause to be served three certified copies of the order, one on the warden, one on the governor, for the use of the state board of pardons commissioners, and one on the clerk of the district court of the county in which the conviction was had.
3. If the convicted person shall thereafter become sane, notice of such fact shall be given by the warden to a judge of the court staying the execution of the judgment, and such judge, upon being satisfied that such person is then sane, shall enter an order vacating the order staying the execution of the judgment.
4. The clerk of the court shall immediately serve or cause to be served three certified copies of such vacating order as follows: One on the warden, one on the governor, for the use of the state board of pardons commissioners, and one on the clerk of the district court of the county in which the conviction was had, who shall give notice thereof to the district attorney of such county, whereupon proceedings shall be instituted in the last-mentioned district court for the issuance of a new warrant of execution of the judgment of death in the manner provided in section 278 of this act.
Sec. 275. 1. If there is good reason to believe that a female against whom a judgment of death has been rendered is pregnant, the warden of the state prison to whom she has been delivered for execution shall petition a judge of the district court of the county in which the state prison is situated, in writing, alleging such pregnancy, whereupon such judge shall summon a jury of three physicians to inquire into the alleged pregnancy and fix a day for the hearing thereon, and give immediate notice thereof to the attorney general and to the district attorney of the county in which the conviction was had.
2. The provisions of sections 271 and 272 of this act shall apply to the proceedings upon the inquisition, save and except that three physicians shall be summoned. They shall certify in writing to the court their findings as to pregnancy.
κ1967 Statutes of Nevada, Page 1442 (CHAPTER 523, AB 81)κ
Sec. 276. 1. If it is found by the court that the female is not pregnant, the warden must execute the judgment of death; but if a stay of execution has been granted pursuant to section 271 of this act the procedure provided in section 273 of this act shall then be applicable.
2. If the female is found to be pregnant, the judge shall enter an order staying the execution of the judgment of death, and shall therein direct the warden of the state prison to confine such female in a safe place of confinement commensurate with her condition until further order of the court.
3. Thereafter and when such female shall be no longer pregnant, notice of such fact shall be given by the warden to a judge of the court staying the execution of the judgment. Thereupon the judge, upon being satisfied that the pregnancy no longer exists, shall enter an order vacating the order staying the execution of the judgment and shall direct the clerk of such court to serve or cause to be served three certified copies of such order, one on the warden, one on the governor, for the use of the state board of pardons commissioners, and one on the clerk of the district court of the county in which the conviction was had, who shall give notice thereof to the district attorney of such county, whereupon proceedings shall be instituted in the last-mentioned district court for the issuance of a new warrant of execution of the judgment in the manner provided in section 278 of this act.
Sec. 277. The costs and expenses of the investigations provided in sections 270 to 276, inclusive, of this act shall be borne by the state and paid in the following manner: The costs and expenses of an investigation shall first be paid by county warrants drawn upon the order of the district judge. The county clerk shall then present a claim to the state board of examiners for the amount of such costs and expenses so ordered paid by the district judge. Upon approval of the claim by the state board of examiners, the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the same from the reserve for statutory contingency fund.
Sec. 278. 1. If for any reason a judgment of death has not been executed, and it remains in force, the court in which the conviction was had must, upon the application of the attorney general or the district attorney of the county in which the conviction was had, cause another warrant to be drawn, signed by the judge and attested by the clerk under the seal of the court, and delivered to the warden of the state prison.
2. The warrant must state the conviction and judgment and appoint a day on which the judgment is to be executed, which must be not less than 15 days nor more than 30 days after the date of the warrant.
3. Where sentence was imposed by a district court composed of three judges, the district judge before whom the confession or plea was made, or his successor in office, shall set the date of execution and sign the warrant.
Sec. 279. When a remittitur showing the affirmation of a judgment of death has been filed with the clerk of the court from which the appeal therefrom has been taken, the court in which the conviction was had must inquire into the facts, and, if no legal reasons exist against the execution of the judgment, must make and enter an order that the warden of the state prison shall execute the judgment at a specified time; but the presence of the defendant in the court at the time the order of execution is made and entered, or the warrant is issued, as in this section provided, shall not be required.
κ1967 Statutes of Nevada, Page 1443 (CHAPTER 523, AB 81)κ
state prison shall execute the judgment at a specified time; but the presence of the defendant in the court at the time the order of execution is made and entered, or the warrant is issued, as in this section provided, shall not be required.
Sec. 280. 1. The court may grant a new trial to a defendant if required as a matter of law or on the ground of newly discovered evidence.
2. If trial was by the court without a jury the court may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
3. A motion for a new trial based on the ground of newly discovered evidence may be made only before or within 2 years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case.
4. A motion for a new trial based on any other grounds shall be made within 7 days after verdict or finding of guilty or within such further time as the court may fix during the 7-day period.
Sec. 281. The court shall arrest judgment if the indictment, information or complaint does not charge an offense or if the court was without jurisdiction of the offense charged. The motion in arrest of judgment shall be made within 7 days after determination of guilty or within such further time as the court may fix during the 7-day period.
Sec. 282. The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment was found or information or complaint filed.
Sec. 283. 1. If, from the evidence on the trial, there is reasonable ground to believe the defendant guilty, and a new indictment, information or complaint can be framed upon which he may be convicted, the court may order him to be recommitted to the officers of the proper county, or admitted to bail anew to answer the new indictment, information or complaint.
2. If the evidence shows him guilty of another offense, he shall be committed or held thereon, and in neither case shall the verdict be a bar to another prosecution.
3. But if no evidence appear sufficient to charge him with any offense, he shall, if in custody, be discharged; or, if admitted to bail, his bail shall be exonerated; or, if money has been deposited instead of bail, it shall be refunded to the defendant, and the arrest of judgment shall operate as an acquittal of the charge upon which the indictment, information or complaint was founded.
Sec. 284. The court may correct an illegal sentence at any time.
Sec. 285. Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the court at any time and after such notice, if any, as the court orders.
Sec. 286. Chapter 177 of NRS is hereby amended by adding thereto the provisions set forth as sections 287 to 324, inclusive, of this act.
Sec. 287. The party aggrieved in a criminal action, whether that party be the state or the defendant, may appeal as follows:
1. To the district court of the county from a final judgment of the justices court.
κ1967 Statutes of Nevada, Page 1444 (CHAPTER 523, AB 81)κ
2. To the supreme court from:
(a) A final judgment of the district court in all criminal cases.
(b) An order of the district court granting a motion to dismiss, a motion for acquittal or a motion in arrest of judgment, or granting or refusing a new trial.
Sec. 288. The appeal to the supreme court from the distinct court can be taken on questions of law alone.
Sec. 289. The party appealing shall be known as the appellant, and the adverse party as the respondent, but the title of the action is not changed by reason of the appeal.
Sec. 290. Upon the appeal, any decision of the court in an intermediate order or proceeding, forming a part of the record, may be reviewed.
Sec. 291. When upon a plea of not guilty a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by him or his counsel, unless the defendant or his counsel affirmatively waives such appeal within 30 days after the rendition of the judgment.
Sec. 292. In other cases, an appeal to the supreme court from a judgment or order must be taken within 30 days after its rendition. An appeal to a district court from a final judgment of a justices court must be taken within the time specified in NRS 189.010.
Sec. 293. 1. Except where appeal is automatic, an appeal from a district court to the supreme court is taken by filing with the clerk of the district court a notice of appeal in duplicate. Bills of exception and assignments of error in cases governed by this chapter are abolished.
2. When a court imposes sentence upon a defendant who has not pleaded guilty and who is without counsel, the court shall advise the defendant of his right to appeal, and if he so requests, the clerk shall prepare and file forthwith a notice of appeal on his behalf.
3. The notice of appeal shall set forth:
(a) The title of the case;
(b) The name and address of the appellant and of appellants attorney;
(c) A general statement of the offense;
(d) A concise statement of the judgment or order, giving its date and any sentence imposed;
(e) The place of confinement if the defendant is in custody; and
(f) A statement that the appellant appeals from the judgment or order.
4. The notice of appeal shall be signed:
(a) By the appellant or appellants attorney; or
(b) By the clerk if prepared by him.
5. The duplicate notice of appeal and a statement of the docket entries shall be forwarded immediately by the clerk of the district court to the clerk of the supreme court.
6. Notification of the filing of the notice of appeal shall be given by the clerk by mailing copies thereof to adverse parties, but his failure to do so does not affect the validity of the appeal.
7. When the appeal is both from the judgment and from an order denying a motion for a new trial, one notice of appeal so specifying is sufficient.
Sec. 294. 1. An appeal taken by the state shall in no case stay or affect the operation of a judgment in favor of the defendant; but if the appeal by the state is from an order sustaining a demurrer to an indictment or information, or granting a motion to set aside an indictment or information, and upon such appeal the order is reversed, the defendant shall thereupon be liable to arrest and trial upon the indictment or information.
κ1967 Statutes of Nevada, Page 1445 (CHAPTER 523, AB 81)κ
affect the operation of a judgment in favor of the defendant; but if the appeal by the state is from an order sustaining a demurrer to an indictment or information, or granting a motion to set aside an indictment or information, and upon such appeal the order is reversed, the defendant shall thereupon be liable to arrest and trial upon the indictment or information. In all such cases any statute of limitations on the offense from which the appeal is taken is tolled from the time the notice of appeal is filed by the state until such appeal is heard and a ruling made thereon.
2. If the appeal by the state is from an order allowing a motion in arrest of judgment, or granting a motion for a new trial, and upon appeal the order is reversed, the trial court shall enter judgment against the defendant.
Sec. 295. A sentence of death shall be stayed if an appeal is taken.
Sec. 296. A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is admitted to bail.
Sec. 297. A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by a justices court, district court, or by the supreme court upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs in the registry of the court appealed from, or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating his assets.
Sec. 298. An order placing the defendant on probation may be stayed if an appeal is taken.
Sec. 299. Admission to bail upon appeal shall be as provided in this Title.
Sec. 300. If application is made to a district court or to a justice of the supreme court for bail pending appeal or for an extension of time for filing the record on appeal or for any other relief which might have been granted by the trial court, the application shall be upon notice and shall show that:
1. Application to the court below or a judge thereof is not practicable; or
2. Application has been made and denied, with the reasons given for the denial; or
3. The action on the application did not afford the relief to which the applicant considers himself to be entitled.
Sec. 301. The supervisor and control of the proceedings on appeal shall be in the appellate court from the time the notice of appeal is filed with its clerk, except as otherwise provided in this Title. The appellate court may at any time entertain a motion to dismiss the appeal, or for directions to the trial court, or to modify or vacate any order made by the trial court or by any judge or justice of the peace in relation to the prosecution of the appeal, including any order fixing or denying bail.
Sec. 302. All appeals from a district court to the supreme court shall be heard on the original papers and the reporters transcript of evidence or proceedings. The form and manner of preparation of the record and of other papers filed may be prescribed by the supreme court, and to the extent not otherwise so prescribed shall conform to the practice in civil cases.
κ1967 Statutes of Nevada, Page 1446 (CHAPTER 523, AB 81)κ
Sec. 303. 1. In an appeal from a district court to the supreme court, the record on appeal shall be filed with the supreme court and the proceeding there docketed within 40 days from the date the notice of appeal is filed in the district court.
2. Where more than one appeal is taken from the same judgment, the district court may prescribe the time for filing and docketing all such appeals, which shall not be less than 40 days from the date the first notice of appeal is filed.
3. In all appeals to the supreme court, the district court or the supreme court or any justice thereof in vacation may, for cause shown, extend the time for filing and docketing.
Sec. 304. 1. As used in this section, brief includes points and authorities.
2. In an appeal from a district court to the supreme court:
(a) Appellant shall file and serve his brief within 30 days after the filing of the record on appeal.
(b) Respondent shall file and serve his brief within 30 days after the service of appellants brief.
(c) Appellant shall file and serve his brief in reply within 30 days after the service of respondents brief.
3. The times provided in subsection 2 may be extended by the supreme court either pursuant to general rule or by special order in the case.
Sec. 305. Upon an appeal being taken to the supreme court as provided in this chapter, the appellant or person taking the appeal shall, in addition to service upon all adverse parties or their attorneys, serve or cause to be served upon the attorney general a true copy of the notice of appeal.
Sec. 306. The supreme court may, on its own motion or on motion of the respondent, dismiss an appeal:
1. If the appeal is irregular in any substantial particular.
2. If the appellant has failed to comply with the requirements of section 303 or 304 of this act for docketing of the record on appeal or filing briefs, unless for good cause shown an extension is granted.
Sec. 307. Unless good cause is shown for an earlier hearing, the supreme court shall set the appeal for argument on a date not less than 30 days after the expiration of the time limited for filing briefs and as soon thereafter as the state of the calendar will permit. Preference shall be given to appeals in criminal cases over appeals in civil cases.
Sec. 308. Judgment of affirmance may be granted without argument, if the appellant fail to appear. But judgment of reversal can only be given upon argument, orally or upon written brief, though the respondent fail to appear.
Sec. 309. Upon the argument of the appeal, if the offense is punishable with death, two counsel shall be heard on each side, if they require it. In any other case the court may, in its discretion, restrict the argument to one counsel on each side.
Sec. 310. The defendant need not personally appear in the supreme court.
Sec. 311. After hearing the appeal, the court shall give judgment without regard to technical error or defect which does not affect the substantial rights of the parties.
κ1967 Statutes of Nevada, Page 1447 (CHAPTER 523, AB 81)κ
without regard to technical error or defect which does not affect the substantial rights of the parties.
Sec. 312. The supreme court may reverse, affirm, or modify the judgment appealed from, and may, if necessary or proper, order a new trial.
Sec. 313. If a judgment against the defendant is reversed, without ordering a new trial, the supreme court shall direct, if he is in custody, that he be discharged therefrom, or if he is admitted to bail, that his bail be exonerated, or if money be deposited instead of bail, that it be refunded to the defendant.
Sec. 314. On a judgment of affirmance against the defendant, the original judgment shall be carried into execution, as the supreme court shall direct.
Sec. 315. When the judgment of the supreme court has been given, it must be entered on the minutes, and a certified copy of the entry remitted to the clerk of the court from which the appeal has been taken. When the supreme court reverses or modifies the judgment of an inferior court on appeal, the clerk of the supreme court shall return to the inferior court with the remittitur therein the papers transmitted to the supreme court on appeal.
Sec. 316. After the certificate of judgment has been remitted, the supreme court shall have no further jurisdiction of the appeal or of the proceedings thereon, and all orders which may be necessary to carry the judgment into effect shall be made by the court to which the certificate is remitted.
Sec. 317. 1. Any person convicted of a crime and under sentence of death or imprisonment who claims that the conviction was obtained, or that the sentence was imposed, in violation of the Constitution of the United States or the constitution or laws of this state, or that the court was without jurisdiction to impose the sentence, or that the sentence exceeds the maximum authorized by law, or that the conviction or sentence is otherwise subject to collateral attack upon any ground of alleged error heretofore available under any common law, statutory or other writ, motion, petition, proceeding or remedy, may, without paying a filing fee, apply for a writ of habeas corpus under sections 317 to 324, inclusive, of this act to secure relief from the conviction or sentence.
2. The remedy herein provided is not a substitute for nor does it affect any remedies which are incident to the proceedings in the trial court, or any remedy of direct review of the sentence or conviction. It comprehends and takes the place of all other common law, statutory, or other remedies which have heretofore been available for challenging the validity of the conviction or sentence, and shall be used exclusively in place of them. A petition for relief under sections 317 to 324, inclusive, of this act may be filed at any time.
Sec. 318. Unless otherwise ordered by the supreme court or a justice thereof, the proceeding is commenced by filing a petition verified by the petitioner with the clerk of the court in which the conviction took place. Facts within the personal knowledge of the petitioner and the authenticity of all documents and exhibits included in or attached to the petition must be sworn to affirmatively as true and correct. The supreme court may by rule prescribe the form of the petition and verification.
κ1967 Statutes of Nevada, Page 1448 (CHAPTER 523, AB 81)κ
rule prescribe the form of the petition and verification. The clerk shall docket the petition upon its receipt and promptly bring it to the attention of the court and deliver a copy to the district attorney and to the attorney general.
Sec. 319. The petition shall identify the proceedings in which the petitioner was convicted, give the date of the entry of the judgment and sentence complained of, specifically set forth the grounds upon which the petition is based, and clearly state the relief desired. All facts within the personal knowledge of the petitioner shall be set forth separately from other allegations of facts and shall be verified as provided in section 318 of this act. Affidavits, records, or other evidence supporting its allegations shall be attached to the petition unless the petition recites why they are not attached. The petition shall identify any previous state or federal court proceedings, together with the grounds therein asserted, taken by the petitioner to secure relief from his conviction or sentence. No such ground upon which a decision has been rendered in any such proceeding may be asserted in a proceeding under sections 317 to 324, inclusive, of this act. Argument, citations and discussion of authorities are unnecessary.
Sec. 320. If the conviction was for a gross misdemeanor or a felony:
1. The petition may allege that the petitioner is unable to pay the costs of the proceeding or to employ counsel. If the court is satisfied that the allegation is true, it shall appoint counsel for him.
2. If after judgment, a review is sought by the petitioner or by the state, and the reviewing court is of the opinion that the requested review, if sought by the petitioner, is not frivolous, and the court finds that the petitioner is unable to pay the costs of the review or to employ counsel, it shall appoint counsel for him.
3. If inability to pay is determined, all necessary costs and expense incident to the proceedings in the trial court and in the reviewing court, including all court costs, stenographic services, printing, and reasonable compensation for legal services, shall be paid from the reserve for statutory contingency fund.
4. Where a copy of the transcript of any proceedings pursuant to sections 317 to 324, inclusive, of this act is necessary to a review by the Supreme Court of the United States, and inability to pay has been determined, such copy shall be supplied and the cost shall be paid from the reserve for statutory contingency fund.
5. Any order by a court, justice or judge for the supplying of a transcript may provide expressly for the rejection of all or any parts of such transcript upon which the petitioner or appellant relies which raise questions of law not open to him under section 319 of this act.
Sec. 321. Within 30 days after the docketing of the petition, or within any further time the court may fix, the state shall respond by motion or answer. No further pleadings shall be filed except as the court orders. At any time prior to entry of judgment the court may grant leave to withdraw the petition. The court may make appropriate orders for amendment of the petition or any pleading, for pleading over, for filing further pleadings, or for extending the time of the filing of any pleading. In considering the petition or an amendment the court shall take account of substance regardless of defects of form.
κ1967 Statutes of Nevada, Page 1449 (CHAPTER 523, AB 81)κ
Sec. 322. 1. The petition shall be heard in, and before any judge of, the court in which the conviction took place. A record of the proceedings shall be made and kept. All existing rules and statutes applicable in civil proceedings including pretrial and discovery procedures are available to the parties. The court may receive proof by affidavits, depositions, oral testimony, or other evidence and may order the petitioner brought before it for the hearing.
2. If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the conviction or sentence in the former proceedings, and any supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary and proper. The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented. This order is a final judgment for purposes of review.
Sec. 323. All grounds for relief available to a petitioner under sections 317 to 324, inclusive, of this act must be raised in his original, supplemental or amended petition. Any ground not so raised or finally adjudicated or knowingly and understandingly waived in the proceedings resulting in the conviction or sentence or in any other proceeding that the petitioner has taken to secure relief from his conviction or sentence may not be the basis for a subsequent petition, unless the court finds a ground for relief asserted which for reasonable cause was omitted or inadequately raised in the original, supplemental, or amended petition.
Sec. 324. A final judgment entered under sections 317 to 324, inclusive, of this act may be reviewed by the supreme court of this state on appeal, brought either by the petitioner or by the state as provided by law.
Sec. 325. NRS 178.405 is hereby amended to read as follows:
178.405 When an indictment or information is called for trial, or upon conviction the defendant is brought up for judgment, if doubt shall arise as to the sanity of the defendant, the court shall [order the question to be submitted to a jury that must be drawn and selected as in other cases.] suspend the trial of the indictment or information or the pronouncing of the judgment, as the case may be, until the question of insanity is determined.
Sec. 326. NRS 178.415 is hereby amended to read as follows:
178.415 [The trial of the question of insanity shall proceed in the following form:
1. The counsel for the defendant shall open the case and offer evidence in support of the allegations of insanity.
2. The counsel for the state shall open their case and offer evidence in support thereof.
3. The parties may then respectively offer rebutting testimony only, unless the court for good reason in furtherance of justice permit them to offer evidence upon their original cause.
4. When the evidence is concluded, unless the case is submitted to the jury, on either or both sides, without argument, the counsel for the state must commence, and the defendant, or his counsel, may conclude the argument to the jury.
5. If the indictment or information be for an offense punishable with death, two counsel on each side may argue the cause to the jury, in which case they must do so alternately.
κ1967 Statutes of Nevada, Page 1450 (CHAPTER 523, AB 81)κ
case they must do so alternately. In other cases the argument may be restricted to one counsel on each side.
6. The court shall then charge the jury, stating to them all matters of law necessary for their information in rendering a verdict.]
1. The court shall appoint two physicians, at least one of whom is a psychiatrist, to examine the defendant.
2. At a hearing in open court, the judge shall receive the report of the examining physicians and shall permit counsel for both sides to examine them. The state and the defendant may introduce other evidence and cross-examine one anothers witnesses.
3. The court shall then make and enter and enter its finding of sanity or insanity.
Sec. 327. NRS 178.420 is hereby amended to read as follows:
178.420 If the [jury find] court finds that the defendant is sane, the trial of the indictment or information shall proceed, or judgment may be pronounced, as the case may be.
Sec. 328. NRS 178.425 is hereby amended to read as follows:
178.425 1. If the [jury find] court finds that the defendant insane, [and the court deems his freedom a menace to public quietude,] the judge shall order the sheriff to convey him forthwith, together with a copy of the complaint, the commitment and the physicians certificate, if any, to the Nevada state hospital.
2. Proceedings against the defendant must be suspended until he becomes sane.
Sec. 329. NRS 178.445 is hereby amended to read as follows:
178.445 Where any person shall have been charged in an indictment or an information with a public offense and is placed upon his or her trial therefor and shall have been found by the [jury] court to be insane at that time, or in the event of a conviction for the commission of the offense and before or at the time of the pronouncement of the judgment of the court the question of the then sanity of such person is raised, all as provided in NRS 178.400 to 178.440, inclusive, and the [jury] court shall have found the convicted person insane as of that time, the district judge of the trial court shall commit such person to the Nevada state hospital and such person shall remain in the hospital until released therefrom for trial, judgment or discharge, as provided in NRS 178.445 to 178.470, inclusive.
Sec. 330. Chapter 178 of NRS is hereby amended by adding thereto the provisions set forth as sections 331 to 386, inclusive, of this act.
Sec. 331. 1. The defendant shall be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this Title. A corporation may appear by counsel for all purposes.
2. In prosecutions for offenses not punishable by death, the defendants voluntary absence after the trial has been commenced in his presence shall not prevent continuing the trial to and including the return of the verdict.
3. In prosecutions for offenses punishable by fine or by imprisonment for not more than 1 year or both, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendants absence.
κ1967 Statutes of Nevada, Page 1451 (CHAPTER 523, AB 81)κ
the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendants absence.
4. The defendants presence is not required at the settling of jury instructions or at a reduction of sentence under section 284 of this act.
Sec. 332. No person can be subject to a second prosecution for a public offense for which he has once been prosecuted and duly convicted or acquitted.
Sec. 333. No person can be compelled, in a criminal action, to be a witness against himself, nor shall a person charged with a public offense be subjected, before conviction, to any more restraint than is necessary for his detention to answer the charge.
Sec. 334. Every defendant accused of a gross misdemeanor or felony who is financially unable to obtain counsel is entitled to have counsel assigned to represent him at every stage of the proceedings from his initial appearance before a magistrate or the court through appeal, unless he waives such appointment.
Sec. 335. In computing any period of time the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a nonjudicial day, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a nonjudicial day. When a period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and nonjudicial days shall be excluded in the computation.
Sec. 336. When an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion:
1. With or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or
2. Upon motion made after the expiration of the specified period permit the act to be done if the failure to act was the result of excusable neglect,
but the court may not extend the time for taking any action under sections 280, 281, 284, 292 or 303 of this act except to the extent and under the conditions stated in such sections.
Sec. 337. 1. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing unless a different period is fixed by rule or order of the court. For cause shown such an order may be made on ex parte application.
2. When a motion is supported by affidavit, the affidavit shall be served with the motion; and opposing affidavits may be served not less than 1 day before the hearing unless the court permits them to be served at a later time.
Sec. 338. Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other paper upon him and the notice or other paper is served upon him by mail, 3 days shall be added to the prescribed period.
Sec. 339. 1. A person arrested for an offense not punishable by death shall be admitted to bail.
κ1967 Statutes of Nevada, Page 1452 (CHAPTER 523, AB 81)κ
2. A person arrested for an offense punishable by death may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
Sec. 340. When the admission to bail is a matter of discretion, the court, or officer by whom it may be ordered, shall require such notice of the application therefor as he may deem reasonable to be given to the district attorney of the county where the examination is had.
Sec. 341. 1. Bail may be allowed pending appeal or certiorari unless it appears that the appeal is frivolous or taken for delay.
2. Pending appeal to a district court, bail may be allowed by the trial justice, by the district court, or by any judge thereof, to run until final termination of the proceedings in all courts.
3. Pending appeal or certiorari to the supreme court, bail may be allowed by the district court or by any judge thereof or by the supreme court or by a justice thereof.
4. Any court or any judge or justice authorized to grant bail may at any time revoke the order admitting the defendant to bail.
Sec. 342. When the admission to bail is a matter of discretion, the court or judge by whom it may be ordered shall require such notice of the application therefor as he may deem reasonable to be given to the district attorney of the county in which the verdict or judgment was originally rendered.
Sec. 343. If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that it may become impracticable to secure his presence by subpena, the magistrate may require him to give bail for his appearance as a witness, in an amount fixed by the magistrate. If the person fails to give bail the magistrate may:
1. Commit him to the custody of a peace officer pending final disposition of the proceeding in which the testimony is needed;
2. Order his release if he has been detained for an unreasonable length of time; and
3. Modify at any time the requirement as to bail.
Sec. 344. Infants and married women who are material witnesses against the defendant may be required to procure sureties for their appearance, as provided in section 343 of this act.
Sec. 345. If the defendant is admitted to bail, the amount thereof shall be such as in the judgment of the magistrate will insure the presence of the defendant, having regard to:
1. The nature and circumstances of the offense charged;
2. The financial ability of the defendant to give bail; and
3. The character of the defendant.
Sec. 346. 1. A person required or permitted to give bail shall execute a bond for his appearance. The magistrate or court or judge or justice, having regard to the considerations set forth in section 345 of this act, may require one or more sureties, may authorize the acceptance of cash or bonds or notes of the United States in an amount equal to or less than the face amount of the bond, or may authorize the release of the defendant without security upon his written agreement to appear at a specified time and place and upon such conditions as may be prescribed to insure his appearance.
κ1967 Statutes of Nevada, Page 1453 (CHAPTER 523, AB 81)κ
specified time and place and upon such conditions as may be prescribed to insure his appearance.
2. Bail given originally on appeal shall be deposited with the magistrate or the clerk of the court from which the appeal is taken.
Sec. 347. 1. Every surety, except a corporate surety which is approved as provided by law, shall justify by affidavit and may be required to describe in the affidavit:
(a) The property by which he proposes to justify and the encumbrances thereon;
(b) The number and amount of other bonds and undertakings for bail entered into by him and remaining undischarged; and
(c) All his other liabilities.
2. No bond shall be approved unless the surety thereon appears to be qualified.
Sec. 348. If there is a breach of condition of a bond, the court shall declare a forfeiture of the bail.
Sec. 349. If the undertaking or money deposited instead of bail is in excess of $50, the court shall direct that the sureties first be given notice by certified mail that the defendant has failed to appear, and the undertaking or money instead of bail shall not be declared forfeited until the fifth day after the notice is mailed. A copy of the notice shall be transmitted to the district attorney at the time notice is given to the sureties.
Sec. 350. The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture.
Sec. 351. 1. When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon.
2. By entering into a bond the obligors submit to the jurisdiction of the court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors to their last-known addresses.
Sec. 352. After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in section 350 of this act.
Sec. 353. Money collected pursuant to sections 348 to 352, inclusive, of this act is to be paid over to the county treasurer.
Sec. 354. 1. When the condition of the bond has been certified or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail.
2. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.
Sec. 355. If the defendant surrenders himself to, is apprehended by or is in the custody of a peace officer in the State of Nevada or the warden of the Nevada state prison other than the officer to whose custody he was committed at the time of giving bail, the bail may make application to the court for the discharge of his bail bond, and shall then give to the court an amount in cash or a surety bond sufficient in amount to guarantee reimbursement of any costs that may be expended in returning the defendant to the officer to whose custody the defendant was committed at the time of giving bail.
κ1967 Statutes of Nevada, Page 1454 (CHAPTER 523, AB 81)κ
defendant to the officer to whose custody the defendant was committed at the time of giving bail.
Sec. 356. For the purpose of surrendering the defendant, the sureties, at any time before they are finally discharged, and at any place within the state, may themselves arrest him, or by a written authority, endorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so.
Sec. 357. When money has been deposited, if it remains on deposit at the time of a judgment for the payment of a fine, the court, or the clerk under the direction of the court, shall apply the money in satisfaction thereof, and after satisfying the fine and costs shall refund the surplus, if any, to the defendant.
Sec. 358. The court to which the committing magistrate shall return the depositions and statement, or in which an indictment or information or an appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order to be entered on its minutes, direct the arrest of the defendant and his commitment to the officer to whose custody he was committed at the time of giving bail, and his detention until legally discharged, in the following cases:
1. When, by reason of his failure to appear, he has incurred a forfeiture of his bail, or of money deposited instead thereof, as provided in section 348 of this act.
2. When it satisfactorily appears to the court that his bail, or either of them, are dead, or insufficient, or have removed from the state.
3. Upon in indictment being found or information filed in the cases provided in section 118 of this act.
Sec. 359. The order for the recommitment of the defendant shall:
1. Recite generally the facts upon which it is founded.
2. Direct that the defendant be arrested by any sheriff, constable, marshal, policeman or other peace officer within the state, and committed to the custody of the sheriff of the county where the depositions and statement were returned, or the indictment was found, or the information was filed, or the conviction was had, as the case may be, to be detained until legally discharged.
Sec. 360. The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest, except that when arrested in another county the order need not be endorsed by a magistrate of that county.
Sec. 361. 1. If the order recites, as the grounds upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirement of the order.
2. If the order be made for any other cause, and the offense is bailable, the court may fix the amount of bail, and may cause a direction to be inserted in the order that the defendant be admitted to bail in the sum fixed, which shall be specified in the order.
Sec. 362. Each county clerk shall maintain a bail bond register in which the following information relative to each bail bond accepted by a justices or district court within the county or the supreme court as hereafter provided shall be recorded:
κ1967 Statutes of Nevada, Page 1455 (CHAPTER 523, AB 81)κ
1. The name of the defendant;
2. The name of the surety;
3. The amount of the bond;
4. The court admitting the defendant to bail and the case number;
5. The date of exoneration or forfeiture of the bond;
6. The book and page of the minute order declaring the exoneration or forfeiture; and
7. The date of notice to the district attorney of any forfeiture of the bond.
Sec. 363. 1. Whenever a person is admitted to bail in a justices court and the bail is put in by a written undertaking, the justice of the peace admitting such person to bail, or the clerk of the justices court if there is one, shall file with the county clerk of the county in which the court is located a notice containing:
(a) The name of the defendant;
(b) The names of the sureties;
(c) The amount of the bond;
(d) The name of the court;
(e) The case number; and
(f) Such other information as the county clerk may reasonably require.
Upon registration of the bond described in the notice, the county clerk shall issue a receipt for the notice which shall bear the number assigned to the bond in the bail bond register.
2. When the bond is exonerated or forfeited, the justice of the peace declaring the exoneration or forfeiture, or the clerk of the justices court if there is one, shall file a notice with the county clerk containing:
(a) The name of the defendant;
(b) The names of the sureties;
(c) The amount of the bond;
(d) The date of the exoneration or forfeiture;
(e) The book and page of the minute order declaring the exoneration or forfeiture; and
(f) The registration number assigned to the bond in the bail bond register.
Sec. 364. 1. Whenever a person is admitted to bail by the supreme court or a justice of the supreme court, the clerk of the supreme court shall file with the county clerk of the county where the defendant was convicted, or if no conviction has been had, of the county where the defendant was incarcerated, a notice containing:
(a) The name of the defendant;
(b) The names of the sureties;
(c) The amount of the bond; and
(d) The case number.
Upon registration of the bond described in the notice, the county clerk shall issue a receipt for the notice which shall bear the number assigned to the bond in the bail bond register.
2. When the bond is exonerated or forfeited, the clerk of the supreme court shall file with the county clerk with whom the first notice was filed a notice containing:
κ1967 Statutes of Nevada, Page 1456 (CHAPTER 523, AB 81)κ
(a) The name of the defendant;
(b) The names of the sureties;
(c) The amount of the bond;
(d) The date of the exoneration or forfeiture;
(e) The file number of the order declaring the forfeiture or exoneration; and
(f) The registration number assigned to the bond in the bail bond register.
Sec. 365. 1. The county clerk shall record in the bail bond register the information contained in the notices which are filed with him pursuant to sections 363 and 364 of this act and shall obtain and record the necessary information relating to all bail bonds filed in the district court of the county.
2. No bail bond may be filed in any case file unless it has been registered by the county clerk and the registration number assigned to such bond in the bail bond register is recorded on the face of the bond.
3. The county clerk shall notify the district attorney in writing promptly upon the receipt of information indicating that a bail bond has been forfeited.
Sec. 366. An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It may be supported by affidavit.
Sec. 367. The district attorney, or the attorney general in those cases which have been initiated by him, may by leave of court file a dismissal of an indictment, information or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
Sec. 368. If no indictment is found or information filed against a person within 15 days after he has been held to answer for a public offense, or if a defendant whose trial has not been postponed upon his application is not brought to trial within 60 days after the finding of the indictment or filing of the information, the court may dismiss the indictment, information or complaint.
Sec. 369. A defendant who before being brought to trial in this state is held in custody in another state for a crime committed in that state shall be brought to trial within a reasonable time after his release from such custody, and no motion to discharge such a person from custody in this state may be granted if the requirements of this section are met.
Sec. 370. 1. An order for the dismissal of the action, as provided in sections 367 and 368 of this act, shall be a bar to another prosecution for the same offense.
2. The discharge of a person accused upon preliminary examination shall be a bar to another complaint against him for the same offense, but shall not bar the finding of an indictment or filing of an information.
Sec. 371. When a defendant is held to answer on a charge of a misdemeanor, for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in section 372 of this act, except when it was committed:
κ1967 Statutes of Nevada, Page 1457 (CHAPTER 523, AB 81)κ
1. By or upon an officer of justice, while in the execution of the duties of his office.
2. Riotously.
3. Wish intent to commit a felony.
Sec. 372. 1. If the party injured appears before the court to which the depositions are required to be returned, at any time before trial, and acknowledges in writing that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes.
2. The order shall be a bar to another prosecution for the same offense.
Sec. 373. No public offense shall be compromised, nor shall any proceeding for the prosecution or punishment thereof, upon a compromise, be stayed, except as provided in this Title.
Sec. 373.2. In any investigation before a grand jury, or trial in any court of record or justices court, the court on motion of the state may order that any material witness be released from all liability to be prosecuted or punished on account of any testimony or other evidence he may be required to produce.
Sec. 373.4. Such order of immunity shall forever be a bar to prosecution against the witness for any offense shown in whole or in part by such testimony or other evidence except for perjury committed in the giving of such testimony.
Sec. 373.6. Any witness who having been granted immunity refuses to testify or produce other evidence is in contempt of court.
Sec. 373.8. The court shall deny the motion of the state under section 373.2 of this act if it reasonably appears to the court that such testimony or evidence would subject the witness to prosecution, except for perjury committed in the giving of such testimony, under the laws of another state or of the United States.
Sec. 374. Written motions other than those which are heard ex parte, written notices, designations of record on appeal and similar papers shall be served upon each of the parties.
Sec. 375. 1. Whenever under this Title or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court.
2. Service upon the attorney or upon a party shall be made in the manner provided in civil actions.
Sec. 376. Immediately upon the entry of an order made on a written motion subsequent to arraignment the clerk shall mail to each party a notice thereof and shall make a note in the docket of the mailing. Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed.
Sec. 377. Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in civil actions.
Sec. 378. 1. The clerk must prepare a calendar of all criminal actions pending in the court, enumerating them according to the date of filing of the indictment, information or complaint, specifying opposite the title of each action whether such action is for a felony or misdemeanor, and whether the defendant is in custody or on bail.
κ1967 Statutes of Nevada, Page 1458 (CHAPTER 523, AB 81)κ
actions pending in the court, enumerating them according to the date of filing of the indictment, information or complaint, specifying opposite the title of each action whether such action is for a felony or misdemeanor, and whether the defendant is in custody or on bail.
2. Preference shall be given to criminal proceedings as far as practicable.
Sec. 379. The issues on the calendar must be disposed of in the following order, unless for good cause the court shall direct an action to be tried out of its order:
1. Prosecutions for felony, when the defendant is in custody.
2. Prosecutions for misdemeanor, when the defendant is in custody.
3. Prosecutions for felony, when the defendant is on bail.
4. Prosecutions for misdemeanor, when the defendant is on bail.
Sec. 380. Exceptions to rulings or orders of the court are unnecessary and for all purposes for which an exception has been necessary prior to the effective date of this act it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and the grounds therefor; but if a party has no opportunity to object to a ruling or order, the absence of an objection does not thereafter prejudice him.
Sec. 381. Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.
Sec. 382. Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.
Sec. 383. The taking of photographs in the courtroom during the progress of judicial proceedings or radio or television broadcasting of judicial proceedings from the courtroom shall not be permitted by the court.
Sec. 384. A docket shall be kept by the justice, or by the clerk of the justices court, if there be one, in which he shall enter each action, and the minutes of the proceedings of the court therein.
Sec. 385. Rules made by justices courts and district courts for the conduct of criminal proceedings shall not be inconsistent with this Title.
Sec. 386. If no procedure is specifically prescribed by this Title, the court may proceed in any lawful manner not inconsistent with this Title or with any other applicable statute.
Sec. 387. Chapter 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 388 to 422, inclusive, of this act.
Sec. 388. As used in sections 389 to 398, inclusive, of this act, the term property includes documents, books, papers and any other tangible objects.
Sec. 389. A search warrant authorized by sections 388 to 398, inclusive, of this act may be issued by a magistrate of the State of Nevada.
Sec. 390. A warrant may be issued under sections 388 to 398, inclusive, of this act to search for and seize any property:
1. Stolen or embezzled in violation of the laws of the State of Nevada, or of any other state or of the United States; or
2. Designed or intended for use or which is or has been used as the means of committing a criminal offense.
κ1967 Statutes of Nevada, Page 1459 (CHAPTER 523, AB 81)κ
3. When the property or things to be seized consist of any item or constitute any evidence which tends to show that a criminal offense has been committed, or tends to show that a particular person has committed a criminal offense.
Sec. 391. 1. A search warrant shall issue only on affidavit or affidavits sworn to before the magistrate and establishing the grounds for issuing the warrant. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he must issue a warrant identifying the property and naming or describing the person or place to be searched.
2. The warrant shall be directed to a peace officer in the county where the warrant is to be executed. It shall state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof. It shall command the officer to search forthwith the person or place named for the property specified.
3. The warrant shall direct that it be served in the daytime, unless the magistrate, upon a showing of good cause therefor, inserts a direction that it be served at any time.
4. It shall designate the magistrate to whom it shall be returned.
Sec. 392. 1. The officer may break open any outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.
2. The officer may break open any outer or inner door or window of a house for the purpose of liberating a person who, having entered to aid him in the execution of his warrant, is detained therein, or when necessary for his own liberation.
3. All reasonable and necessary force may be used to effect an entry into any building or property or part thereof to execute a search warrant. In the execution of the warrant, the person executing it may reasonably detain and search any person in the place at the time in order to protect himself from attack or to prevent destruction, disposal or concealment of any instruments, articles or things particularly described in the warrant.
Sec. 393. When a person charged with a felony is supposed to have on his person a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the officer making the arrest shall cause him to be searched, and the weapon or other thing to be retained, subject to the order of the court in which the defendant may be tried.
Sec. 394. 1. The warrant may be executed and returned only within 10 days after its date.
2. The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken.
3. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken, and shall be verified by the officer.
κ1967 Statutes of Nevada, Page 1460 (CHAPTER 523, AB 81)κ
for the warrant or the person from whose possession or premises the property was taken, and shall be verified by the officer.
4. The magistrate shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
Sec. 395. 1. A person aggrieved by an unlawful search and seizure may move the court having jurisdiction where the property was seized for the return of the property and to suppress for use as evidence anything so obtained on the ground that:
(a) The property was illegally seized without warrant; or
(b) The warrant is insufficient on its face; or
(c) There was not probable cause for believing the existence of the grounds on which the warrant was issued; or
(d) The warrant was illegally executed.
The judge shall receive evidence on any issue of fact necessary to the decision of the motion.
2. If the motion is granted the property shall be restored unless otherwise subject to lawful detention and it shall not be admissible evidence at any hearing or trial.
3. The motion to suppress evidence may also be made in the court where the trial is to be had. The motion shall be made before trial or hearing unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion, but the court in its discretion may entertain the motion at the trial or hearing.
Sec. 396. The magistrate who has issued a search warrant shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith and shall file them with the clerk of the court having jurisdiction where the property was seized.
Sec. 397. All property or things taken on a warrant must be retained by an officer in his custody, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense in respect to which the property or things are taken is triable. If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate shall cause it to be restored to the person from whom it was taken. However, no search warrant shall be quashed by any magistrate or judge within this state nor shall any evidence based upon a search warrant be suppressed in any criminal action or proceeding because of mere technical irregularities which do not affect the substantial rights of the accused.
Sec. 398. Sections 388 to 397, inclusive, of this act do not modify any other statute regulating search, seizure and the issuance and execution of search warrants in circumstances for which special provision is made.
Sec. 399. When property, alleged to have been stolen or embezzled, shall come into the custody of a peace officer, he shall hold the same subject to the order of the magistrate authorized by section 400 of this act to direct the disposal thereof.
Sec. 400. On satisfactory proof of the title of the owner of the property, the magistrate to whom the information is laid, or who shall examine the charge against the person accused of stealing or embezzling the property, may order it to be delivered to the owner, on his paying the reasonable and necessary expenses incurred in its preservation, to be certified by the magistrate.
κ1967 Statutes of Nevada, Page 1461 (CHAPTER 523, AB 81)κ
the charge against the person accused of stealing or embezzling the property, may order it to be delivered to the owner, on his paying the reasonable and necessary expenses incurred in its preservation, to be certified by the magistrate. The order shall entitle the owner to demand and receive the property.
Sec. 401. If the property stolen or embezzled come into the custody of the magistrate, it shall be delivered to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate.
Sec. 402. If the property stolen or embezzled has not been delivered to the owner, the court before which a conviction is had for stealing or embezzling it may, on proof of his title, order it to be restored to the owner.
Sec. 403. If property stolen or embezzled is not claimed by the owner before the expiration of 6 months from the conviction of a person for stealing or embezzling it, the magistrate or other officer having it in custody shall, on payment of the necessary expenses incurred for its preservation, deliver it to the county treasurer, by whom it must be sold and the proceeds paid into the county treasury.
Sec. 404. When money or other property is taken from a defendant arrested upon a charge of a public offense, the officer taking it shall at the time give duplicate receipts therefor, specifying particularly the amount of money and the kind of property taken, one of which receipts he shall deliver to the defendant, and the other of which he shall forthwith file with the clerk of the court to which the deposition and statements must be sent.
Sec. 405. 1. Unless otherwise expressly required by this Title, no particular form of words is required to be used in any pleading, warrant, order, motion or other paper incident to a criminal proceeding. Substantial compliance with any statutory requirement as to content, or in the absence of any such requirement, language which reasonably informs the defendant or other person to whom such paper is directed of its nature, is sufficient.
2. The use of one of the forms set out in sections 406 to 422, inclusive, of this act, modified as may be necessary to fit the case, is prima facie sufficient for their respective purposes.
Sec. 406. A warrant of arrest may be in substantially the following form:
Warrant of Arrest
County of ............................ The State of Nevada, to any sheriff, constable, marshal, policeman, or peace officer in this state: A complaint, upon oath, has been this day laid before me by A. B. that the crime of (designate it) has been committed, and accusing C. D. thereof; you are therefore commanded forthwith to arrest the above-named C. D. and bring him before me at (naming the place), or, in case of my absence or inability to act, before the nearest or most accessible magistrate in this county. Dated at .............................., this........... day of ................, 19.......
.......................................................................................
(Signature and official title of magistrate)
κ1967 Statutes of Nevada, Page 1462 (CHAPTER 523, AB 81)κ
Sec. 407. A summons may be substantially the following form:
Summons
|
STATE OF NEVADA,
COUNTY OF.................................. |
} |
ss. |
The State of Nevada to the (naming defendant or corporation):
You are hereby summoned to appear before me at (naming the place) on (specifying the day and hour), to answer a charge made against you upon the complaint of A. B. for (designating the offense generally).
Dated at ................. this .............. day of ........................, 19........
.......................................................................................
(Signature and official title of magistrate)
Sec. 408. A search warrant may be in substantially the following form:
Search Warrant
|
STATE OF NEVADA,
COUNTY OF.................................. |
} |
ss. |
The State of Nevada, to any peace officer in the county of ..................... Proof by affidavit having been made before me by (naming every person whose affidavit has been taken) that (stating the grounds or probable cause for issuance).
You are hereby commanded to search (naming the person or describing with reasonable particularity the place to be searched) for the following property (describing it with reasonable particularity), making the search (in the daytime or at any time, as determined by the magistrate) and if any such property is found there to seize it, prepare a written inventory of the property seized and bring the property before me (or another designated magistrate).
Dated at ................. this .............. day of ........................, 19........
.......................................................................................
(Signature and official title of magistrate)
Sec. 409. A motion for the return of seized property and the suppression of evidence may be in substantially the following form:
Motion for the Return of Seized Property
and the Suppression of Evidence
Defendant (naming defendant) hereby moves this court to direct that certain property of which he is the owner, a schedule of which is annexed hereto, and which on (stating date and time), at (describing the place), was unlawfully seized and taken from him by a peace officer of the State of Nevada (name and designation of peace officer, or, if so, state whose true name is unknown to the petitioner), be returned to him and that it be suppressed as evidence against him in any criminal proceeding.
The petitioner further states that the property was seized against his will and without a search warrant (or other reason why the warrant is defective or illegal).
.......................................................................................
(Attorney for Petitioner)
κ1967 Statutes of Nevada, Page 1463 (CHAPTER 523, AB 81)κ
Sec. 410. An undertaking for bail after arrest and before preliminary examination may be in substantially the following form:
Undertaking
A warrant having been issued on the ............. day of ...................., A.D. 19......, by ........................., a justice of the peace of ...................... County, for the arrest of ............................................ (stating name of the accused), upon a charge of ................................................(stating briefly the nature of the offense), upon which he has been arrested and duly ordered admitted to bail in the sum of .......................... dollars and ordered to appear before the magistrate who issued the warrant, we, .................................................., of ............................................., and ........................................, (stating their names and place of residence), hereby undertake that the above-named ....................................... shall appear and answer the charge above mentioned, at .............. oclock ....m., on the ............. day of ....................., A.D. 19....., before ....................................., a magistrate issuing the warrant, at his office in .............................., .............................. County, State of Nevada, and that the above-named (insert name of accused) shall appear and answer the charge above mentioned in whatever court and before whatever magistrate it may be prosecuted, or before which he may be required to appear by law, and shall at all times render himself amenable to the orders and process of the court and the requirements of the law, and if convicted shall appear for judgment and render himself in execution thereof; or if he fail to perform any of these conditions, that we will pay to the State of Nevada the sum of ............................... dollars (inserting the sum in which the defendant is admitted to bail).
.......................................................................................
.......................................................................................
(Signatures of Sureties)
Sec. 411. An endorsement on a warrant of arrest for commitment for preliminary examination may be in substantially the following form:
Endorsement
The within-named A. B., having been brought before me under this warrant, is committed for examination to the sheriff (or other appropriate peace officer) of the county of .....................
.......................................................................................
(Signature and official title of magistrate)
Sec. 412. A discharge after preliminary examination may be in substantially the following form:
Discharge
There being no sufficient cause to believe the within-named A. B. guilty of the offense within named, I order him to be discharged.
.......................................................................................
(Signature and official title of magistrate)
Sec. 413. Commitment and bail may be in substantially the following form:
Commitment and Bail
It appearing to me by the within depositions and statement (if any) that the offense therein named (or any other offense according to the fact, stating generally the nature thereof) has been committed, and that there is sufficient cause to believe the within-named A.B.
κ1967 Statutes of Nevada, Page 1464 (CHAPTER 523, AB 81)κ
that the offense therein named (or any other offense according to the fact, stating generally the nature thereof) has been committed, and that there is sufficient cause to believe the within-named A.B. guilty thereof, I order that he be held to answer the same (and he is hereby committed to the sheriff of the county of .............................) or (and I have admitted him to bail to answer by the undertaking hereto annexed) or (and that he be admitted to bail in the sum of ........................... dollars, and is committed to the sheriff of the county of ....................... until he give such bail).
.......................................................................................
(Signature and official title of magistrate)
Sec. 414. A commitment where defendant is held to answer after a preliminary examination may be in substantially the following form:
Commitment
County of ........................ (as the case may be).
The State of Nevada to the sheriff of the county of ............................: An order having been this day made by me, that A.B. be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), you are commanded to receive him into your custody and detain him until he is legally discharged.
Dated this .............. day of ........................, 19........
.......................................................................................
(Signature and official title of magistrate)
Sec. 415. An undertaking for bail after preliminary examination and before arraignment may be in substantially the following form:
Undertaking
An order having been made on the ............ day of ........................... A. D. 19......, by A. B., a justice of the peace of ...................... County (or as the case may be), that C. D. be held to answer upon a charge of (stating briefly the nature of the offense), upon which he has been duly admitted to bail in the sum of ...................... dollars, we, E. F. and G. H. (stating their place of residence), hereby undertake that the above-named C. D. shall appear and answer the charge above mentioned, in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and process of the court, and, if convicted, shall appear for judgment and render himself in execution thereof, or, if he fail to perform any of these conditions, that we will pay to the State of Nevada the sum of ..................... dollars (inserting the sum in which the defendant is admitted to bail).
.......................................................................................
.......................................................................................
Signature of Sureties
Sec. 416. An indictment may be substantially in the following form:
Indictment
|
STATE OF NEVADA,
COUNTY OF............................... |
} |
ss. |
The State of Nevada, plaintiff, against A. B., defendant (or John Doe, whose real name is unknown).
κ1967 Statutes of Nevada, Page 1465 (CHAPTER 523, AB 81)κ
whose real name is unknown). Defendant A. B., above named, is accused by the grand jury of the county of ................................, of a felony (or of the crime of murder or other name of crime), committed as follows: The said A. B., on the ............... day of ........................., A. D. 19......, or thereabouts, at the county of ............................., State of Nevada, without authority of law and with malice aforethought, killed Richard Roe, by shooting with a pistol (or with a gun or other weapon, according to the facts).
.......................................................................................
District Attorney
or District Attorney, by Deputy.
Sec. 417. An information may be in substantially the following form:
Information
|
STATE OF NEVADA,
COUNTY OF............................... |
} |
ss. |
In the .........................court. The State of Nevada against A. B., C. D. district attorney within and for the county of ....................... in the state aforesaid, in the name and by the authority of the State of Nevada, informs the court that A. B. on the ............. day of .........................., A. D. 19......, at the county of ........................, did (here state offense) against the peace and dignity of the State of Nevada.
C. D., District Attorney.
or C. D., District Attorney, by H. M., Deputy.
Sec. 418. A warrant upon the finding of a presentment, indictment or information may be in substantially the following form:
Warrant
County of ............................ The State of Nevada, to any sheriff, constable, marshal, policeman, or peace officer in this state: A presentment having been made or an indictment having been found (or information filed) on the ........... day of .........................., A. D. 19......, in the district court of the ......................., county of ....................., charging C. D. with the crime of (designating it generally), you are therefore commanded forthwith to arrest the above-named C. D. and bring him before that court to answer the presentment, indictment or information; or if the court is not in session that you deliver him into the custody of the sheriff of the county of ....................... By order of the court. Given under my hand with the seal of the court affixed by this .............. day of ...................., A.D. 19........
(Seal) E. F., Clerk.
Sec. 419. An undertaking for bail after arrest on a warrant following the finding of a presentment, indictment or information may be in substantially the following form:
Undertaking
A presentment having been made (or an indictment having been found or an information having been filed), on the ............... day of ..................., A.D. 19......, in the District Court of the ........................... Judicial District of the State of Nevada, in and for the County of ...................... (as the case may be), charging A. B. with the crime of (indicating it generally), and he having been duly admitted to bail in the sum of .........................
κ1967 Statutes of Nevada, Page 1466 (CHAPTER 523, AB 81)κ
having been duly admitted to bail in the sum of ......................... dollars, we, C. D. and E. F. (stating their place of residence), hereby undertake that the above-named A. B. shall appear and answer the indictment or information above mentioned in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and processes of the court, and, if convicted, shall appear for judgment and render himself in execution thereof; or, if he fail to perform either of these conditions, that we will pay to the State of Nevada the sum of .................... dollars (inserting the sum in which the defendant is admitted to bail).
.......................................................................................
.......................................................................................
Signature of Sureties
Sec. 420. A subpena or subpena duces tecum may be in substantially the following form:
Subpena
The State of Nevada to A. B.: You are commanded to appear before C. D., a justice of the peace of ........................... township, in ..................... County (or, the court of .................., as the case may be), at (naming the place), on (stating the day and hour), as a witness in a criminal action, prosecuted by the State of Nevada against E. F. Given under my hand this .................. day of ....................., A.D. 19..... G. H., Justice of the Peace (or By order of the court, L. M., Clerk (seal) as the case may be). (If books, papers or documents be required, a direction to the following effect shall be contained in the subpena: And you are required also to bring with you the following (describing intelligibly the books, papers or documents required).)
Sec. 421. A bench warrant may be in substantially the following form:
Bench Warrant
|
STATE OF NEVADA,
COUNTY OF............................... |
} |
ss. |
The State of Nevada, to any sheriff, constable, marshal, policeman or other peace officer in this state: A. B. having been on the .............. day of ........................, A. D. 19....., duly convicted in the .................... Judicial District Court of the State of Nevada and in and for the County of ...................., of the crime of (designating it generally); you are therefore commanded forthwith to arrest the above-named A. B. and bring him before that court for judgment, or if the court has adjourned, that you deliver him into the custody of the sheriff of the county of .......................... Given, by order of the court, under my hand with the seal of the court affixed, this the ............ day of ......................, A. D. 19......
(Seal)
E. F., Clerk
Sec. 422. When bail is taken upon the recommitment of the defendant, the undertaking shall be in substantially the following form:
Undertaking
An order having been made on the .............. day of ................., A. D.
κ1967 Statutes of Nevada, Page 1467 (CHAPTER 523, AB 81)κ
19......, by the court (naming it), that A. B. be admitted to bail in the sum of $......................, in an action pending in that court against him, in behalf of the State of Nevada, upon a (presentment, indictment, information, or appeal, as the case may be), we, C. D. and E. F., of (stating their place of residence), hereby undertake that the above-named A. B. shall appear in that or any other court in which his appearance may be lawfully required, upon that (presentment, indictment, information, or appeal, as the case may be), and shall at all times render himself amenable to its orders and processes, and appear for judgment, and surrender himself in execution thereof; or, if he fail to perform any of these conditions, that we will pay to the State of Nevada the sum of $.................. (inserting the sum in which the defendant is admitted to bail).
.......................................................................................
.......................................................................................
(Signature of Sureties)
Sec. 423. Chapter 185 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Except as otherwise expressly provided in chapter 189 of NRS, criminal proceedings in justices courts are governed by the provisions of Title 14 of NRS.
Sec. 424. NRS 189.020 is hereby amended to read as follows:
189.020 1. The party intending to appeal must file with the justice and serve upon the district attorney a notice entitled in the action, setting forth the character of the judgment, and the intention of the party to appeal therefrom to the district court.
2. [He may also, at any time thereafter, if he desire to be released from custody during the pendency of the appeal, or desire a stay of proceedings under the judgment until the appeal be disposed of, enter bail for the due prosecution of the appeal, the payment of any judgment, fine and costs that may be awarded against him on the appeal, and for failure to prosecute the same, and for the rendering of himself in execution of the judgment appealed from, or of any judgment rendered against him in the action appealed from in the court to which the same is appealed.] Stay of judgment pending appeal is governed by sections 296 and 297 of this act.
Sec. 425. NRS 189.080 is hereby amended to read as follows:
189.080 1. If the defendant does not object to the complaint for any of the causes specified in NRS 189.070, or if his objections are overruled, he must be required to plead as to an indictment without regard to any plea entered before the justice.
2. If a jury trial was had in the justices court, the reporter shall transcribe his notes and no evidence except such transcript may be received.
3. No appeal may be tried by jury.
4. In other respects, the proceedings shall be the same as in criminal actions originally commenced in the district court, and judgment shall be rendered and carried into effect accordingly.
Sec. 426. Chapter 6 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Upon the completion of its business for the time being, the court may recess the grand jury subject to recall at such time or times as new business may require its attention.
κ1967 Statutes of Nevada, Page 1468 (CHAPTER 523, AB 81)κ
recess the grand jury subject to recall at such time or times as new business may require its attention.
Sec. 427. NRS 6.130 is hereby amended to read as follows:
6.130 1. In any county it shall be mandatory to summon a grand jury whenever a verified petition is presented to the clerk of the district court containing the signatures of 75 registered voters or the signatures of registered voters equal in number to 5 percent of the number of voters voting within the county at the last preceding general election, whichever number of signatures is the greater, specifically setting forth the fact or facts constituting the necessity of convening a grand jury.
2. In any county, if the statute of limitations has not run against the person offending, the district judge may summon a grand jury after an affidavit or verified petition by any taxpayer accompanied by and with corroborating affidavits of at least 2 additional persons has been filed with the clerk of the district court, setting forth reasonable evidence upon which a belief is based that there has been a misappropriation of public funds or property by a public officer, past or present, or any fraud committed against the county or state by any officer, past or present, or any violation of trust by any officer, past or present. The district judge shall act upon the affidavit or petition within 5 days. If he fails or refuses to recall or summon a grand jury, the affiant or petitioner may proceed as provided in NRS 6.140.
3. If there is a grand jury in recess, the court shall recall that grand jury. Otherwise, a new grand jury shall be summoned.
Sec. 428. NRS 7.260 is hereby amended to read as follows:
7.260 1. An attorney other than a public defender appointed by a district court to represent a defendant before a magistrate or to defend a person charged with any offense by indictment or information, or by a district court or the supreme court or a justice thereof to represent an indigent petitioner for a writ of habeas corpus, which petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, is entitled to receive a fee to be set at the discretion of the appointing court, judge or justice, but the fee shall not be set at more than $200 for services in a justices court and $300 for services in a district court unless the crime is punishable by death, in which event the fee for services in a district court shall not be set at more than $1,000. The fee shall be paid from the county treasury, unless the proceeding is based upon a petition for a writ of habeas corpus filed by an indigent petitioner imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, or upon an automatic appeal, in which [case] cases the fee shall be paid from the reserve for statutory contingency fund pursuant to NRS 353.264.
2. If such an attorney is called by a court into a county other than the county in which he has his office, he shall be allowed in addition to the fee provided in subsection 1 traveling expenses and subsistence allowance in the amounts specified in NRS 281.160.
3. Compensation for services and expenses which is a county charge shall be paid by the county treasurer out of any moneys in the county treasury not otherwise appropriated, upon the certificate of the judge of the court that such attorney has performed the services required and incurred the expenses claimed. Compensation for services and expenses which is a state charge shall be paid from the reserve for statutory contingency fund upon approval by the state board of examiners.
κ1967 Statutes of Nevada, Page 1469 (CHAPTER 523, AB 81)κ
which is a state charge shall be paid from the reserve for statutory contingency fund upon approval by the state board of examiners.
4. An attorney cannot, in such case, be compelled to follow a case to another county or into the supreme court, and if he does so, he may recover an enlarged compensation to be graduated on a scale corresponding to the sums allowed.
Sec. 429. NRS 34.360 is hereby amended to read as follows:
34.360 1. Every person unlawfully committed, detained, confined or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint.
2. Application for the writ by or on behalf of a person who has been convicted of a crime and is under sentence of death or imprisonment shall be made in the manner provided by sections 317 to 324, inclusive, of this act.
Sec. 430. NRS 34.500 is hereby amended to read as follows:
34.500 If it appears on the return of the writ of habeas corpus that the prisoner is in custody by virtue of process from any court of this state, or judge or officer thereof, such prisoner may be discharged, in any one of the following cases: [, subject to the restrictions of NRS 34.490:]
1. When the jurisdiction of such court or officer has been exceeded.
2. When the imprisonment was at first lawful, yet by some act, omission or event, which has taken place afterwards, the party has become entitled to be discharged.
3. When the process is defective in some matter of substance required by law, rendering such process void.
4. When the process, though proper in form, has been issued in a case not allowed by law.
5. When the person having the custody of the prisoner is not the person allowed by law to detain him.
6. Where the process is not authorized by any judgment, order or decree of any court, nor by any provision of law.
7. Where a party has been committed or indicted on a criminal charge without reasonable or probable cause.
Sec. 431. Chapter 193 of NRS is hereby amended by adding thereto the provisions set forth as sections 432 to 435, inclusive, of this act.
Sec. 432. Lawful resistance to the commission of a public offense may be made:
1. By the party about to be injured.
2. By other parties.
Sec. 433. Resistance sufficient to prevent the offense may be made by the party about to be injured:
1. To prevent an offense against his person, or his family or some member thereof.
2. To prevent an illegal attempt, by force, to take or injure property in his lawful possession.
Sec. 434. Any other person, in aid or defense of a person about to be injured, may make resistance sufficient to prevent the offense.
Sec. 435. Whenever the officers of justice are authorized to act in the prevention of public offenses, other persons, who by their command act in their aid, are justified in so doing.
κ1967 Statutes of Nevada, Page 1470 (CHAPTER 523, AB 81)κ
Sec. 436. (Deleted by amendment.)
Sec. 437. Chapter 199 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every person who has been admitted to bail, whether provided by deposit, surety or upon his own recognizance, and has not been recommitted to custody who fails to appear at the time and place required by the order admitting him to bail or any modification thereof, unless he surrenders himself within 30 days or is excused by the court, is guilty of:
1. A felony, if admitted incident to prosecution for a felony.
2. A misdemeanor, if admitted incident to prosecution for a misdemeanor or gross misdemeanor.
Sec. 438. NRS 200.030 is hereby amended to read as follows:
200.030 1. All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery or burglary, or which shall be committed by a convict in the state prison serving a sentence of life imprisonment, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree.
2. The jury before whom any person indicted for murder shall be tried shall, if they find such person guilty thereof, designate by their verdict whether it be murder of the first or second degree.
3. [Upon a plea of guilty which specifies a degree lower than murder in the first degree, the district judge before whom such plea was made shall give sentence accordingly. If any person is convicted of murder on his confession in open court without a jury, or upon a plea of guilty without specification of a degree, the supreme court shall appoint two district judges from judicial districts other than the district in which the confession or plea is made, who shall, with the district judge before whom such confession or plea was made, or his successor in office, by examination of witnesses, determine the degree of the crime and give sentence accordingly. Such determination shall be by unanimous vote of the three district judges.
4.] If the jury shall find the defendant guilty of murder in the first degree, then the jury by its verdict shall fix the penalty at death or imprisonment in the state prison for life with or without possibility of parole, except that if the murder was committed by a convict in the state prison serving a sentence of life imprisonment, the jury shall fix the penalty at death or imprisonment in the state prison for life without possibility of parole. [Upon a plea of guilty the court, as provided in subsection 3, shall determine the same.] If the penalty is fixed at life imprisonment with possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
[5.] 4. Every person convicted of murder of the second degree shall be punished by imprisonment in the state prison for life or for a definite term of not less than 5 years. Under either sentence, eligibility for parole begins when a minimum of 5 years has been served.
Sec. 439. Chapter 201 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any sexual penetration, however slight, is sufficient to complete the crime against nature.
κ1967 Statutes of Nevada, Page 1471 (CHAPTER 523, AB 81)κ
Sec. 440. (Deleted by amendment.)
Sec. 441. NRS 260.030 is hereby amended to read as follows:
260.030 1. The public defender shall be a qualified attorney licensed to practice in this state.
2. The public defender shall, when designated by the appropriate judge of the district court, [pursuant to the provisions of NRS 171.370,] represent, without charge, each indigent person who is under arrest and held for a crime which constitutes a felony or gross misdemeanor.
Sec. 442. NRS 260.050 is hereby amended to read as follows:
260.050 When representing an indigent person, the public defender shall:
1. Counsel and defend him, if he is held in custody and charged with a public offense amounting to a felony or gross misdemeanor, at every stage of the proceedings following his designation by the appropriate judge of the district court, [pursuant to the provision of NRS 171.370;] and
2. Prosecute any appeals or other remedies before or after conviction that he considers to be in the interests of justice.
Sec. 443. NRS 266.590 is hereby amended to read as follows:
266.590 1. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court before whom the conviction is had, be committed to the county jail or the city jail, or to such other place as may be provided by the city for the incarceration of offenders, until such fine [,] or penalty [and costs] shall be fully paid.
2. The city council shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding 8 hours each working day; and for such work the person so employed shall be allowed [$2] $4 for each days work on account of such fine. [and costs.] The council may provide for the formation of a chain gang for persons convicted of offenses in violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.
3. Fines imposed by the municipal court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of the city at the rate of 1 day for every [$1] $4 of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of the city, at the rate of [$2] $4 for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
Sec. 444. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this chapter, public officer means a person elected or appointed to a position which:
1. Is established by the constitution or a statute of this state, or by a charter or ordinance of a political subdivision of this state; and
2. Involves the continuous exercise, as part of the regular and permanent administration of the government, of a public power, trust or duty.
Sec. 445. NRS 353.264 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1472 (CHAPTER 523, AB 81)κ
353.264 1. There is hereby created in the state treasury the reserve for statutory contingency fund.
2. The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for the payment of claims which are obligations of the state under NRS 7.260, [34.690,] 41.037, [176.610,] 178.435, 179.310, 212.040, 212.050, 212.070, 214.040 and 353.120 [.] and sections 277 and 320 of this act.
Sec. 446. Chapter 462 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Upon a trial for violation of any of the provisions of NRS 462.010 to 462.060, inclusive, it shall not be necessary to prove the existence of any lottery in which any lottery ticket shall purport to have been issued, nor to prove the actual signing of any such ticket or share, or pretended ticket or share of any pretended lottery, nor that any lottery ticket, share, or interest was signed or issued by the authority of any manager, or of any person assuming to have authority as manager; but in all cases proof of the sale, furnishing, bartering, or procuring of any ticket, share, or interest therein, or of any instrument purporting to be a ticket, or part or share of any such ticket, shall be evidence that such share or interest was signed and issued according to the purport thereof.
Sec. 447. Chapters 186, 187, 188 and 190 of NRS and NRS 6.170, 34.490, 34.690, 169.010 to 169.190, inclusive, 170.010 to 170.030, inclusive, 170.050, 171.105 to 171.510, inclusive, 172.010 to 172.420, inclusive, 173.010 to 173.450, inclusive, 174.010 to 174.540, inclusive, 175.010 to 175.575, inclusive, 176.010 to 176.610, inclusive, 177.010 to 177.280, inclusive, 178.010 to 178.395, inclusive, 178.410, 178.475 to 178.600, inclusive, 179.010 to 179.200, inclusive, 185.010 to 185.130, inclusive, and 211.070 are hereby repealed.
Sec. 448. Section 16 of the charter of the City of Caliente, being chapter 289, Statutes of Nevada 1957, at page 406, is hereby amended to read as follows:
Section 16. Police Judge, Courts, Powers and Duties.
(1) There shall be in the City of Caliente a municipal court; the papers, pleadings filed therein and process issuing therefrom shall be entitled In the Municipal Court of the City of Caliente.
(2) The municipal court shall be presided over by a police judge, who shall be a citizen of the state, and shall have been a bona fide resident of the city for not less than one year next preceding his election or appointment, and he shall be an elector and taxpayer in the city.
(3) The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justices of the peace wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of said city or of this act, of a police or municipal nature; provided, that the trial and proceedings in such cases shall be summary and without a jury.
(4) The said court shall have jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this act of a police or municipal nature, and shall hear, try and determine such cases in accordance with the provisions of such ordinances or of this act.
κ1967 Statutes of Nevada, Page 1473 (CHAPTER 523, AB 81)κ
(5) The practice and proceedings in said court shall conform, as nearly as practicable, to the practice and proceedings of justice courts in similar cases.
(6) Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every [two] four dollars of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of said city, at the rate of [three] four dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
(7) Said court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also of actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments when the principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or persons to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer, that the validity of any tax, assessment or levy, or title to real property shall necessarily be an issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided by law for certification of causes by justice courts.
(8) The said court shall have jurisdiction of offenses committed within the city, which violate the peace and good order of the city or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, riot affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation, or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under ordinances of the city.
(9) The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, search warrants, writs and process necessary to a complete and effective exercise of its powers and jurisdiction, and may punish for contempts in like manner and with the same effect as is provided by general law for justices of the peace.
(10) The police judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener as the council may require, an exact and detailed statement, in writing, under oath, of the business done and of all fines collected, as well as fines imposed but uncollected, since his last report, and shall at the same time render and pay into the city treasury all fines collected and moneys received on behalf of the city since his last report.
(11) In all cases in which the police judge shall, by reason of being a party, or being interested therein, to any proceeding pending in the municipal court, or related to either defendant or plaintiff or complaining witness therein as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of said county, on the written request of the mayor, shall act in place and stead of said police judge; and the council shall have power to apportion ratably the salary of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.
κ1967 Statutes of Nevada, Page 1474 (CHAPTER 523, AB 81)κ
party, or being interested therein, to any proceeding pending in the municipal court, or related to either defendant or plaintiff or complaining witness therein as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of said county, on the written request of the mayor, shall act in place and stead of said police judge; and the council shall have power to apportion ratably the salary of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.
(12) Appeals to the district court may be taken from any final judgment of said municipal court in the same manner and with the same effect as appeals from justice courts in civil or criminal cases, as the case may be.
(13) All warrants issued by the municipal court shall run to any sheriff or constable of the county, or to the marshal or any policeman of the city.
Sec. 449. Section 31 of the charter of the City of Caliente, being chapter 289, Statutes of Nevada 1957, at page 424, is hereby amended to read as follows:
Section 31. Punishment of Offenders. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed, may, upon the order of the court, before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine [,] or penalty [and costs] shall be fully paid.
The city council shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding eight hours each working day; and for such work the person so employed shall be allowed [three] four dollars for each days work on account of such fine. [and costs.] The council may provide for the formation of a chain-gang for persons convicted of offenses in violation of the ordinances of the city, and to safeguard and prevent their escape while being so employed.
Sec. 450. Section 28 of the charter of Carson City, being chapter 43, Statutes of Nevada 1875, at page 96, is hereby amended to read as follows:
Section 28. Civil actions may be brought by the city in any Court of competent jurisdiction, and actions for violation of any ordinances of the city may be brought before the City Recorder, and fines imposed by the Recorder may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the County Jail of Ormsby County, which shall serve as the City Jail, at the rate [not exceeding] of one day for every [two] four dollars of such fine; [and costs;] or said Recorder may, at his discretion, adjudge and enter up in his docket an order that such offender shall work on the streets or public works at the rate of [two] four dollars for each day, which shall apply on such fine [and costs] until the same be so exhausted or otherwise satisfied. Appeal may be taken from such judgments as in cases of appeal from Justices Courts in criminal cases.
κ1967 Statutes of Nevada, Page 1475 (CHAPTER 523, AB 81)κ
Sec. 451. Section 35 of the charter of the City of Elko, being chapter 417, Statutes of Nevada 1965, at page 1122, is hereby amended to read as follows:
Section 35. Punishment of Offenders. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine [,] or penalty [and costs] shall be paid, or satisfied at the rate of one day for each four dollars of such fine. [and costs.]
Sec. 452. Section 36 of the charter of the City of Elko, being chapter 417, Statutes of Nevada 1965, at page 1122, is hereby amended to read as follows:
Section 36. Chain Gang. The board of supervisors shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding eight hours each working day; and for such work the person so employed shall be allowed four dollars for each days work on account of such fine. [and costs.] The board may provide for the formation of a chain gang for persons convicted of offenses in violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.
Sec. 453. Section 32 of the charter of the city of Gabbs, being chapter 381, Statutes of Nevada 1955, at page 674, is hereby amended to read as follows:
Section 32. The municipal court shall be presided over by a police judge, who shall be a citizen of the state and resident of the city for not less than 1 year and who shall be a qualified elector of the city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justices of the peace, wherein any person or persons are charged with breach or violation of the provisions of any ordinance of the city or of this act, or of a violation of a municipal nature, and the court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of the city and be governed by the same rules and receive the same fees as are now, or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The court shall have exclusive jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances, or of this charter. The practice and proceedings in the court shall conform, as nearly as practicable, to the practice and proceedings of the justices courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city or county jail, at the rate of 1 day for every [$2] $4 of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of the city, at a rate of [$2] $4 for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
κ1967 Statutes of Nevada, Page 1476 (CHAPTER 523, AB 81)κ
works of the city, at a rate of [$2] $4 for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
The court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $300; also, of actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed $300; also, of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed $300; also, for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from the court in any of the cases named above, when the principal sum claimed does not exceed $300; also, for the recovery of personal property belonging to the city when the value thereof does not exceed $300; provided, that nothing herein contained shall be construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided by law for certification of causes by justices courts.
The court shall have jurisdiction of offenses committed within the city, which violate the peace and good order of the city, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offense, or opprobrious conduct, and of all offenses under ordinances of the city.
The court shall be treated and considered as a justices court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of the court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace.
The police judge shall keep a docket in which shall be entered all official business in like manner as in justices courts. He shall render monthly or oftener, as the councilmen may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report.
In all cases in which the police judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of the county on the written request of the mayor, may act in the place and stead of such police judge, and the councilmen shall have the power to apportion ratably the salary or compensation of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.
κ1967 Statutes of Nevada, Page 1477 (CHAPTER 523, AB 81)κ
such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.
Appeals to the district court may be taken from any final judgment of the municipal court, in the same manner and with the same effect as in cases of appeal from justices courts in civil and criminal cases, as the case may be.
All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or any policeman of the city.
Sec. 454. Section 39 of the charter of the city of Gabbs, being chapter 381, Statutes of Nevada 1955, at page 685, is hereby amended to read as follows:
Section 39. Punishment of Offenders. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court, before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine [,] or penalty [and costs] shall be fully paid.
Sec. 455. Section 40 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, at page 685, is hereby amended to read as follows:
Section 40. Chain Gang. The board of councilmen shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding 8 hours each working day; and for such work the person so employed shall be allowed [$2] $4 for each days work on account of such fine. [and costs.] The board may provide for the formation of a chain gang for persons convicted of offenses in violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.
Sec. 456. Section 79 of the charter of the City of Henderson, being chapter 240, Statutes of Nevada 1965, at page 461, is hereby amended to read as follows:
Section 79. Fines and penalties: Commitment; recovery be execution; work gang.
1. Any person upon whom any fine or penalty is imposed may, upon the order of the court before whom the conviction is had, be committed to the city jail, or to such other place as may be provided by the city for the incarceration of offenders, until such fine and penalty are fully paid.
2. The council shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding 8 hours each working day; and for such work the person so employed shall be allowed $4 for each days work on account of such fine. The council may provide for the formation of a work gang for persons convicted of offenses in violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.
3. Fines imposed by the municipal court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail at the rate of 1 day for every [$2] $4 of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of the city, at the rate of $4 for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
κ1967 Statutes of Nevada, Page 1478 (CHAPTER 523, AB 81)κ
[$2] $4 of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of the city, at the rate of $4 for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
Sec. 457. (Deleted by amendment.)
Sec. 458. Section 35 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as amended by chapter 132, Statutes of Nevada 1949, at page 251, is hereby amended to read as follows:
Section 35. Punishment of Offenders-Pleading in Action. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance, or the chapter and section of the revised or code of ordinances, if such there be, under which such action is brought. Any person upon whom any fine or penalty shall be imposed, may, upon the order of the court, before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine [,] or penalty [and costs] shall be fully paid.
Sec. 459. Section 36 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, at page 172, is hereby amended to read as follows:
Section 36. Chain Gang. The board of commissioners shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding eight hours each working day; and for such work the person so employed shall be allowed [two] four dollars for each days work on account of such fine. [and costs.] The board may provide for the formation of a chain gang for persons convicted of offenses in violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.
Sec. 460. Section 38 of chapter II of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as amended by chapter 440, Statutes of Nevada 1965, at page 1211, is hereby amended to read as follows:
Section 38. Punishment of Offenders. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the number and section of the ordinance or if there is a code as provided in Chapter II in section 32.5 of this act, then in the manner in which the section of the ordinance is identified in that code, under which such action is brought. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court, before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine [,] or penalty [and costs] shall be fully paid, or satisfied at the rate of one day for each four dollars of such fine. [and costs.]
Sec. 461. Section 3 of article XIV of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and amended by chapter 204, Statutes of Nevada 1937, at page 456, is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1479 (CHAPTER 523, AB 81)κ
Section 3. The municipal court shall have the powers and jurisdiction in said city as are now provided for justices of the peace, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of said city or of this charter, of a police nature; provided, that the trial and proceedings in such cases, in the municipal court or on appeal therefrom, shall be summary and without a jury. The said court shall have jurisdiction to hear, try and determine all cases, whether civil or criminal for the breach or violation of any city ordinance or any provision of this charter of a police nature, or for violation of the rules and regulations or quarantine laws of the board of health, when the city council has by ordinance provided a penalty therefor, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in said court shall conform, as nearly as practicable, to the practice and proceedings of justices courts in similar cases, except as herein limited or extended. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every [dollar] four dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of said city, at a rate of [two] four dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied. The complaint in any prosecution for any offense or offenses committed under any ordinance or ordinances of the city may state the offense in the language of the ordinance; and no complaint shall be dismissed on appeal or otherwise where more than one offense is stated therein, if such offenses arose out of the same act, transaction or event; nor shall the city be required to elect between the different offenses stated, but in no event shall the defendant be punished for more than one of such offenses.
Sec. 462. Section 8 of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 469, Statutes of Nevada 1965, at page 1260, is hereby amended to read as follows:
Section 8. There shall be a police judge, who shall be elected by the qualified electors of the city at each general municipal election and he shall hold office for the term of 4 years and until his successor shall be duly elected and qualified. He shall be a bona fide resident of the city of Sparks for at least 3 years prior to his election and a taxpayer on real property therein. He shall execute and file such bond as the council by ordinance shall prescribe. The police judge shall have the jurisdiction and powers in the city, as are now provided by law for justices of the peace, wherein any person or persons are charged with a breach of violation of the provisions of any ordinance of the city or of this charter, of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury. The police judge shall have jurisdiction to try, hear, and determine all cases, whether civil or criminal, for a breach or violation of any city ordinance or any provisions of this charter of a police nature and shall hear, try, determine, acquit, convict, commit, fine, or hold to bail in accordance with the provisions of such ordinance. The practice and proceedings in the court shall conform as nearly as practicable to the practice and proceedings of justices courts in similar cases.
κ1967 Statutes of Nevada, Page 1480 (CHAPTER 523, AB 81)κ
practice and proceedings in the court shall conform as nearly as practicable to the practice and proceedings of justices courts in similar cases. Fines imposed by the police judge may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the city jail of the city at the rate of one day for each $4 of such fine, or the police judge may at his discretion adjudge and enter upon his docket a supplemental order that such offender shall work on the streets or public works of the city at a rate of [$6] $4 for each day of sentence, which shall apply on such sentence or fine until the same be exhausted or otherwise satisfied. If a sentence of imprisonment is imposed, the police judge may order intermittent periods of incarceration so long as the entire sentence will be completed within 6 months from the date of sentence. The periods of incarceration may be varied from time to time with consent of the defendant, but the total time of incarceration may not be increased.
Sec. 463. Section 35 of chapter II of the charter of the City of Wells, being chapter 104, Statutes of Nevada 1927, at page 171, is hereby amended to read as follows:
Section 35. Punishment of Offenders. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court, before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine [,] or penalty [and costs] shall be fully paid.
Sec. 464. Section 36 of chapter II of the charter of the City of Wells, being chapter 104, Statutes of Nevada 1927, as amended by chapter 223, Statutes of Nevada 1963, at page 367, is hereby amended to read as follows:
Section 36. Chain Gang. The board of councilmen shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding eight hours each working day; and for such work the person so employed shall be allowed four dollars for each days work on account of such fine. [and costs.] The board may provide for the formation of a chain gang for persons convicted of offenses in violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.
Sec. 465. Section 24 of the charter of the City of Yerington, being chapter 72, Statutes of Nevada 1907, at page 164, is hereby amended to read as follows:
Section 24. The Justices of the Peace in and for Mason Valley Township shall be ex officio Police Judges of said city; provided, that such Justices execute and file as ex officio Police Judges, such bonds as the ordinance may prescribe; and provided further, that nothing herein contained shall be so construed as to deny or abridge the power of the Council to elect as Police Judge of said city any competent person other than said Justices of the Peace. The Police Judge shall have the jurisdiction and powers in said city that are now provided by law for Justices of the Peace, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of said city or of this charter, of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury.
κ1967 Statutes of Nevada, Page 1481 (CHAPTER 523, AB 81)κ
wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of said city or of this charter, of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury. The Police Judge shall have jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances. The practice and proceedings in said court shall conform as nearly as practicable to the practice and proceedings of the Justice Courts in similar cases. Fines imposed by the Police Judge may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every [dollar] four dollars of such fine, or said Police Judge may, at his discretion, adjudge and enter upon his docket, a supplemental order that such offender shall work upon the streets or public works of said city, at a rate of [two] four dollars for each day of the sentence, which shall apply on such sentence or fine, until the same shall be exhausted or otherwise satisfied.
Sec. 466. 1. Sections 317 to 324, inclusive, of this act shall become effective upon passage and approval.
2. All other sections of this act shall become effective on January 1, 1968, but:
(a) The provisions of sections 287 to 316, inclusive, of this act, relating to appeals, do not:
(1) Apply to any appeal the notice of which is filed prior to January 1, 1968; or
(2) Operate to reduce the time within which the notice of appeal may be filed from a judgment or order entered prior to January 1, 1968.
(b) Except as otherwise provided in this section, no provision of this act applies to any criminal action in which the complaint or information is filed or the indictment found prior to January 1, 1968.
Sec. 467. The provisions of sections 287 to 316, inclusive, of this act, relating to appeals, shall apply to any criminal action in which the notice of appeal has not been filed prior to January 1, 1968, except that the time within which a notice of appeal may be filed in any particular action shall not be reduced by such application.
Sec. 468. The provisions of sections 317 to 324, inclusive, of this act, relating to post conviction remedies, shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1482κ
Senate Bill No. 499Committee on Judiciary
CHAPTER 524
AN ACT relating to the lien of a trailer park keeper for unpaid rent or rent and utilities; conforming the language to that of the Uniform Commercial Code.
[Approved April 26, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.315 is hereby amended to read as follows:
108.315 1. Any keeper of a trailer park who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, shall, within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the trailer, for the amount due, stating that a lien is claimed on the trailer. A copy of the demand shall be sent to [the legal owner of] every holder of a security interest in the trailer by registered mail.
2. For the purpose of obtaining the name and address of [the legal owner,] a holder of a security interest in the trailer, the trailer park keeper shall request such information from the department of motor vehicles prior to making the demand for payment. The department of motor vehicles shall supply such information from its records or, if the trailer is registered in another state, territory or country, shall obtain such information from the appropriate agency of such state, territory or country.
3. No trailer shall be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment. At least 10 days prior to such sale, a written notice shall be sent to [the legal owner of] every holder of a security interest in the trailer by registered mail stating that a sale by auction of the trailer is to be made pursuant to the provisions of NRS 108.310.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 521Committee on Finance
CHAPTER 525
AN ACT relating to salaries and compensation of certain officers and employees in the unclassified service of the State of Nevada; amending various sections of NRS relating to salaries of state officers and employees and adding new sections to NRS; and providing other matters properly relating thereto.
[Approved April 26, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The following state officers and employees in the unclassified service of the State of Nevada shall receive annual salaries in the amounts set forth following their specified titles:
κ1967 Statutes of Nevada, Page 1483 (CHAPTER 525, SB 521)κ
of the State of Nevada shall receive annual salaries in the amounts set forth following their specified titles:
Adjutant generals office:
Adjutant general.................................................................................. $15,000
Liaison officer....................................................................................... 7,920
Deputy adjutant general.................................................................... 7,200
Security officer..................................................................................... 3,660
Attorney generals office:
Chief deputy attorney general.......................................................... 16,000
Chief assistant...................................................................................... 14,548
Chief counsel, department of highways........................................... 14,500
Deputy, Nevada gaming commission............................................... 14,000
Deputy, welfare division, department of health, welfare and rehabilitation............................................................................. 14,000
Deputy, department of commerce...................................................... 12,800
Deputy, state department of conservation and natural resources ....................................................................................................... 12,800
Deputy, department of motor vehicles............................................. 11,400
Deputies, four in number, the total annual salaries of which shall not exceed........................................................................................... 46,400
Legal analyst........................................................................................ 11,500
Investigator........................................................................................... 11,000
Colorado River commission of Nevada:
Secretary............................................................................................... 14,400
Department of Administration:
Director................................................................................................. 18,000
Budget division:
Deputy budget administrator.................................................. 13,860
Chief assistant budget administrator..................................... 11,500
Buildings and grounds division:
Superintendent of buildings and grounds............................ 11,500
Deputy superintendent of buildings and grounds............... 8,700
Chief assistant............................................................................ 8,490
Marlette Lake water system supervisor................................. 6,900
Central data processing division:
Chief............................................................................................. 14,700
Purchasing division:
Chief............................................................................................. 13,860
Department of civil defense and disaster assistance:
Director of civil defense and disaster assistance........................... 11,000
Department of commerce:
Director................................................................................................. 17,600
Banking division:
Superintendent of banks........................................................... 15,000
Assistant superintendent of banks.......................................... 11,500
Insurance division:
Commissioner of insurance...................................................... 15,000
Chief deputy commissioner of insurance............................... 11,500
Chief assistant............................................................................ 9,540
κ1967 Statutes of Nevada, Page 1484 (CHAPTER 525, SB 521)κ
Real estate division:
Real estate administrator......................................................... $12,600
Chief investigator...................................................................... 9,660
Chief assistant............................................................................ 7,800
Special investigator.................................................................. 7,800
Savings and loan division:
Commissioner of savings associations................................... 15,000
Deputy commissioner of savings associations...................... 11,500
Chief assistant............................................................................ 8,700
Department of economic development:
Director................................................................................................. 12,000
Deputy director.................................................................................... 8,640
Department of health, welfare and rehabilitation:
Director................................................................................................. 17,600
Alcoholism division:
Administrator.............................................................................. 10,460
Childrens home division:
Superintendent........................................................................... 10,500
Chief assistant............................................................................ 5,970
Mental hygiene division:
Superintendent and medical director of the Nevada state hospital ............................................................................................. 23,000
Nevada girls training center division:
Superintendent........................................................................... 13,225
Nevada youth training center division:
Superintendent........................................................................... 13,225
Rehabilitation division:
OASI medical consultant (one-half time).............................. 11,000
Department of highways:
State highway engineer...................................................................... 19,000
Deputy highway engineer.................................................................. 17,900
Department of motor vehicles:
Director................................................................................................. 14,200
Deputy director.................................................................................... 11,500
Employment security department:
Executive director............................................................................... 16,000
Governors office:
Administrative assistant..................................................................... 18,400
Special assistant.................................................................................. 14,000
Press officer........................................................................................... 12,000
Secretary............................................................................................... 8,400
Administrative secretary.................................................................... 7,082
Receptionist.......................................................................................... 6,300
Principal clerk-stenographers, three in number, the total annual salaries of which shall not exceed.......................................... 17,487
Senior clerk stenographer................................................................. 4,813
Indian affairs commission:
Executive director............................................................................... 7,500
Labor commissioners office:
Labor commissioner............................................................................ 11,500
Deputy labor commissioner............................................................... 8,400 Lost City Museum:
κ1967 Statutes of Nevada, Page 1485 (CHAPTER 525, SB 521)κ
Lost City Museum:
Curator.................................................................................................. $7,236
Attendant............................................................................................... 3,000
Relief attendant.................................................................................... 360
Nevada athletic commission:
Executive secretary............................................................................. 8,400
Nevada commission on equal rights of citizens:
Secretary............................................................................................... 10,500
Assistant secretary............................................................................... 7,500
Nevada commissioner for veteran affairs:
Commissioner....................................................................................... 10,500
Deputy commissioner.......................................................................... 9,500
Nevada gaming commission:
Executive secretary............................................................................. 15,000
Research and planning: Certified or registered public accountants, each....................................................................................................... 14,000
Assistant executive secretary............................................................. 10,909
Tax administrators I............................................................................ 10,381
Tax administrators II........................................................................... 9,404
Confidential secretaries..................................................................... 8,137
Tax and license examiners................................................................. 7,583
Tax and license examiners................................................................. 6,738
Research assistants............................................................................. 7,055
Program specialists............................................................................. 6,738
Administrative assistants................................................................... 6,738
Nevada historical society:
Executive secretary............................................................................. 8,700
Assistant executive secretary............................................................. 6,600
Research librarian.............................................................................. 3,000
Nevada industrial commission:
Chairman.............................................................................................. 16,000
Commissioner representative of labor............................................. 13,860
Commissioner representative of employers.................................... 13,860
Nevada state prison:
Warden................................................................................................... 15,000
Deputy warden..................................................................................... 12,600
Nevada state museum:
Director................................................................................................. 10,000
Curator of biology............................................................................... 8,400
Exhibit technician............................................................................... 5,700
Nevada tax commission:
Secretary............................................................................................... 16,000
Office of economic opportunity:
Director................................................................................................. 15,000
Deputy director.................................................................................... 9,500
Public employees retirement board:
Executive secretary............................................................................. 16,000
Assistant executive secretary............................................................. 10,940 Public service commission of Nevada:
κ1967 Statutes of Nevada, Page 1486 (CHAPTER 525, SB 521)κ
Public service commission of Nevada:
Chairman.............................................................................................. $16,000
Commissioners (other than chairman) each.................................. 14,400
Branch manager.................................................................................. 10,440
Secretary of states office:
Deputy secretary of state.................................................................... 11,000
Deputy secretary of state (securities).............................................. 11,000
Chief assistant...................................................................................... 6,900
State board of fish and game commissioners:
State director of fish and game......................................................... 14,520
State board of parole commissioners:
Chief parole and probation officer.................................................. 13,500
State controllers office:
Deputy state controller....................................................................... 11,000
Accountant............................................................................................ 9,000
State department of conservation and natural resources:
Director................................................................................................. 17,600
Assistant director................................................................................. 14,700
Assistant director (federal land laws)............................................. 14,700
Division of water resources:
State engineer............................................................................. 14,700
District supervisor, water commissioners (one-half time).. 6,600
Division of forestry:
State forester firewarden.......................................................... 12,500
Division of state parks:
Administrator of the Nevada state park system.................... 12,500
Deputy administrator................................................................ 11,000
State department of education:
Superintendent of public instruction............................................... 20,000
First assistant superintendent of public instruction..................... 16,000
Assistant superintendent of public instruction for administration ....................................................................................................... 15,000
State gaming control board:
Members, each...................................................................................... 15,840
Audit division:
Chief............................................................................................. 14,400
Agents........................................................................................... 11,464
Agents........................................................................................... 10,909
Agents........................................................................................... 8,533
Agents........................................................................................... 7,900
Statistical analysts.................................................................... 5,814
Enforcement division:
Chief............................................................................................. 13,945
Agents........................................................................................... 10,909
Agents (electronics).................................................................. 10,645
Agents........................................................................................... 10,381
Agents........................................................................................... 9,880
Agents........................................................................................... 9,404
Agents........................................................................................... 8,956
Agents........................................................................................... 8,533
Statistical analysts.................................................................... 6,104
κ1967 Statutes of Nevada, Page 1487 (CHAPTER 525, SB 521)κ
Investigative division:
Chief............................................................................................. $14,400
Agents........................................................................................... 12,652
Agents........................................................................................... 11,474
Agents........................................................................................... 11,464
Agents........................................................................................... 10,909
Agents........................................................................................... 8,137
Temporary investigators, the total annual salaries of which shall not exceed.......................................................................... 17,500
Office services:
Manager, Carson City.............................................................. 12,696
Manager, Las Vegas.................................................................. 10,968
Public information officer........................................................ 12,696
Files supervisor.......................................................................... 7,398
Administrative assistant........................................................... 7,213
Confidential secretary.............................................................. 6,104
Administrative assistant........................................................... 6,104
Legal researcher (one-half time)............................................ 2,923
State planning board:
Manager and technical supervisor.................................................. 16,000
Deputy manager................................................................................... 13,860
State printing office:
Chief assistant...................................................................................... 6,324
State treasurers office:
Deputy state treasurer........................................................................ 11,000
Chief assistant...................................................................................... 7,200
Sec. 2. NRS 209.110 is hereby amended to read as follows:
209.110 1. The warden shall receive an annual salary [of $13,800.] in the amount specified in section 1 of this act.
2. The warden shall receive the per diem expenses and travel allowances as provided by law when engaged in the discharge of his official duties.
Sec. 3. NRS 209.120 is hereby amended to read as follows:
209.120 1. The warden shall appoint a deputy warden [and a captain of the guard, each of whom shall be in the unclassified service of the state, and each of whom shall receive an annual salary to be fixed by the board.] , who shall be in the unclassified service of the state and shall receive an annual salary in the amount specified in section 1 of this act.
2. During any absence of the warden, the deputy warden of the state prison shall be acting warden thereof without increase in salary. [, and during any absence of the warden and the deputy warden, the captain of the guard of the state prison shall be acting warden thereof without increase in salary.]
Sec. 4. NRS 213.1094 is hereby amended to read as follows:
213.1094 1. The chief parole and probation officer shall receive an annual salary [of $12,000.] in the amount specified in section 1 of this act.
2. Assistant parole and probation officers and employees of the board (except as provided in subsection 3 of NRS 284.140) shall be in the classified service of the state and shall receive such salaries as are fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
κ1967 Statutes of Nevada, Page 1488 (CHAPTER 525, SB 521)κ
accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
3. The chief parole and probation officer, assistant parole and probation officers and employees of the board shall receive the per diem expense allowances and travel expenses as fixed by law.
4. The compensation, salaries and expenses of the chief parole and probation officer, assistant parole and probation officers and employees of the board shall be paid, upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
Sec. 5. Chapter 223 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Employees in the governors office in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 6. NRS 225.060 is hereby amended to read as follows:
225.060 1. The secretary of state shall have the power under his hand and seal to appoint [a deputy,] deputies, who may, during the absence of the secretary of state from the office, perform all the duties of a ministerial nature belonging to the office.
2. For his own security, the secretary of state may require [his] each deputy to give him a bond in such sum and with such sureties as he may deem sufficient.
3. Deputies and other employees in the unclassified service of the state shall receive the annual salaries specified in section 1 of this act.
Sec. 7. NRS 226.100 is hereby amended to read as follows:
226.100 1. The state treasurer is authorized to appoint and employ a deputy.
2. There is created in the office of the state treasurer the office of chief [clerk,] assistant, and the state treasurer is authorized to designate one of his employees as such chief [clerk.] assistant.
3. The deputy state treasurer and the chief assistant shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 8. NRS 227.100 is hereby amended to read as follows:
227.100 1. The state controller is authorized to appoint a deputy, who shall have power, in the absence of the state controller, to do all acts devolving upon and necessary to be performed by the state controller, except the signing of state warrants and bonds.
2. The deputy state controller and other employees in the office of the state controller in the unclassified service of the state shall receive the annual salaries specified in section 1 of this act.
Sec. 9. Chapter 228 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All employees other than clerical in the office of the attorney general required by law to be appointed by the attorney general and in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 10. NRS 228.080 is hereby amended to read as follows:
228.080 1. The attorney general is authorized to appoint as many deputies as he may deem necessary to perform fully the duties of his office. All deputies so appointed shall have the power to perform all duties now required of the attorney general.
κ1967 Statutes of Nevada, Page 1489 (CHAPTER 525, SB 521)κ
2. Before entering upon the discharge of his duties, each deputy so appointed shall take and subscribe to the constitutional oath of office, which shall be filed in the office of the secretary of state.
3. Deputy attorneys general shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 11. NRS 231.080 is hereby amended to read as follows:
231.080 1. The director of the department shall be appointed by and be responsible to the governor. The person appointed as director shall have had successful experience in the administration and promotion of a program comparable to that provided in this chapter. The director shall be in the unclassified service as provided by the provisions of chapter 284 of NRS.
2. The director shall receive:
(a) An annual salary [of $10,800.] in the amount specified in section 1 of this act.
(b) The per diem expense allowance and travel expenses as fixed by law.
3. He shall devote his entire time to the duties of his office, and he shall follow no other gainful employment or occupation.
Sec. 12. NRS 231.110 is hereby amended to read as follows:
231.110 1. Subject to the provisions of chapter 284 of NRS, the director shall appoint such professional, technical, clerical and operational staff as the execution of his duties and the operation of the department may require, the appointments to be made in accordance with the provisions of chapter 284 of NRS.
2. Employees of the department in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 13. NRS 232.050 is hereby amended to read as follows:
232.050 1. The director shall be appointed by and be responsible to the governor and shall not be in the classified service of the state.
2. He shall receive:
(a) An annual salary [of $15,840.] in the amount specified in section 1 of this act.
(b) The per diem expense allowance and travel expenses as provided by law.
Sec. 14. NRS 232.060 is hereby amended to read as follows:
232.060 1. The director shall appoint, pursuant to chapter 284 of NRS, such technical, clerical and operational staff as the execution of his duties and the operation of the department may require.
2. Employees in the unclassified service of the state shall receive the annual salaries specified in section 1 of this act.
Sec. 15. NRS 232.080 is hereby amended to read as follows:
232.080 1. The attorney general shall be counsel and attorney for the department. The attorney general, with the advice and consent of the director, shall designate one of his deputies to be counsel and attorney for the department in all actions, proceedings and hearings. The deputy so designated shall:
(a) Be legal advisor of the department in all matters relating to the department and to the powers and duties of its officers.
κ1967 Statutes of Nevada, Page 1490 (CHAPTER 525, SB 521)κ
(b) Maintain his office in Carson City, Nevada, in an office provided by the department.
(c) Be in the unclassified service of the state pursuant to subsection 5 of NRS 284.140.
2. The compensation of such deputy shall be in the amount specified in section 1 of this act and shall be paid from funds provided for the support of the department.
Sec. 16. NRS 232.157 is hereby amended to read as follows:
232.157 1. The director shall appoint an assistant director whose first responsibility shall be to act as the secretary of the state committee on federal land laws as provided in NRS 232.152. In addition, he shall perform such other duties as may be designated by the director.
2. The assistant director shall:
(a) Be in the unclassified service of the state notwithstanding the provisions of NRS 232.060 or 284.140 or any other law; and
(b) Receive [such salary as is fixed by the director within the limits of appropriations made by law.] an annual salary in the amount specified in section 1 of this act.
Sec. 17. NRS 232.180 is hereby amended to read as follows:
232.180 The director shall:
1. Be appointed by, be responsible to, and serve at the pleaser of the governor.
2. Be in unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. Receive an annual salary [of not more than $15,840 to be fixed by the governor from time to time within the limits of legislative appropriations.] in the amount specified in section 1 of this act.
4. Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
5. Not engage in any other gainful employment or occupation.
6. Have the qualifications required by NRS 353.175.
7. Be chief of the budget division.
Sec. 18. NRS 232.200 is hereby amended to read as follows:
232.200 1. The chief of each of the divisions of the department, except the budget division, shall:
(a) Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case he shall be in the classified service of the state pursuant to the provisions of such chapter.
(b) Receive an annual salary [to be fixed by the director, with the consent of the governor, within the limits of legislative appropriations.] in the amount specified in section 1 of this act, unless he is in the classified service of the state, in which case his salary shall, unless otherwise fixed by law, be fixed pursuant to the provisions of chapter 284 of NRS.
(c) Administer the provisions of law relating to his division, subject to the administrative supervision of the director.
2. The director shall administer the provisions of law relating to the budget division.
Sec. 19. NRS 232.210 is hereby amended to read as follows:
232.210 The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise.
κ1967 Statutes of Nevada, Page 1491 (CHAPTER 525, SB 521)κ
state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise. Such employees in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 20. NRS 232.240 is hereby amended to read as follows:
232.240 The director shall:
1. Be appointed by, be responsible to, and serve at the pleasure of the governor.
2. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. Receive an annual salary [of not more than $15,840 to be fixed by the governor from time to time within the limits of legislative appropriations.] in the amount specified in section 1 of this act.
4. Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
5. Not engage in any other gainful employment or occupation.
6. Have had at least 5 years of responsible administrative experience in public or business administration or shall possess broad management skills in areas related to the functions of agencies composing the department.
7. Be selected with special reference to his training, experience and aptitude for coordinating agencies dealing with commercial activities such as insurance, banking, real estate and marketing of securities. His knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his administrative direction.
(b) Administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields.
(c) Ability to organize and present oral and written communication to the governor, the legislature and other pertinent officials or persons.
Sec. 21. NRS 232.270 is hereby amended to read as follows:
232.270 The chief of each of the divisions of the department shall:
1. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
2. Receive an annual salary [to be fixed by the director, with the consent of the governor, within the limits of legislative appropriations, except the chief of the savings and loan division.] in an amount specified in section 1 of this act.
3. Administer the provisions of law relating to his division, subject to the administrative supervision of the director.
Sec. 22. NRS 232.280 is hereby amended to read as follows:
232.280 The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS. Such employees shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 23. NRS 232.310 is hereby amended to read as follows:
232.310 The director shall:
1. Be appointed by, be responsible to, and serve at the pleasure of the governor.
κ1967 Statutes of Nevada, Page 1492 (CHAPTER 525, SB 521)κ
2. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. Receive an annual salary [of not more than $15,840 to be fixed by the governor from time to time within the limits of legislative appropriations.] in the amount specified in section 1 of this act.
4. Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
5. Not engage in any other gainful employment or occupation.
6. Have had broad, responsible experience in the field of administration or possess broad management skills or working knowledge of the field of social services administration.
7. Be selected with special reference to his training, experience and aptitude for coordinating related functions of public health, welfare and social service agencies. His knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrative principles, and a working knowledge of principles of public finance and the laws, rules and regulations pertaining to public agencies.
(b) Administrative ability to assess the operating efficiency of component agencies and to delegate authority and duties to responsible division heads.
(c) Ability to organize and clearly present oral and written findings and recommendations to the governor, the legislature and other officials and agencies.
Sec. 24. NRS 232.340 is hereby amended to read as follows:
232.340 The chief of each division of the department shall:
1. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case he shall be in the classified service of the state pursuant to the provisions of such chapter.
2. Receive an annual salary [to be fixed by the director, with the consent of the governor, within the limits of legislative appropriations,] in the amount specified in section 1 of this act, unless he is in the classified service of the state, in which case his salary shall, unless otherwise fixed by law, be fixed pursuant to the provisions of chapter 284 of NRS.
3. Administer the provisions of law relating to his division, subject to the administrative supervision of the director.
Sec. 25. NRS 232.350 is hereby amended to read as follows:
232.350 The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise. Such employees in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 26. NRS 233.050 is hereby amended to read as follows:
233.050 1. The governor shall appoint a chairman of the commission and the members shall elect a secretary from the membership of the commission.
2. The commission shall meet at least twice a year on the call of the chairman at a place designated by the chairman or a majority of the commission.
κ1967 Statutes of Nevada, Page 1493 (CHAPTER 525, SB 521)κ
3. Employees of the commission shall be in the unclassified service of the state and shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 27. NRS 233A.050 is hereby amended to read as follows:
233A.050 1. The commissioners shall designate a chairman and secretary. The commissioners shall meet at least four times each year and at such places and times as shall be specified by a call of the chairman or majority of the commission. The commission shall prescribe regulations for its own management. Four members of the commission shall constitute a quorum which may exercise all the authority conferred upon the commission.
2. The commission may employ [an executive director and may employ such other employees as it finds necessary to carry out its functions, within the limits of legislative appropriations.] :
(a) An executive director at an annual salary in the amount specified in section 1 of this act.
(b) Such other employees as it finds necessary to carry out its functions, within the limits of legislative appropriations.
Sec. 28. Chapter 242 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The chief of the division shall receive an annual salary in the amount specified in section 1 of this act.
Sec. 29. NRS 286.160 is hereby amended to read as follows:
286.160 1. The board shall employ an executive secretary, who shall hold his position in the discretion of the board.
2. The annual salary of the executive secretary shall be [fixed by the board,] in the amount specified in section 1 of this act, and he shall furnish such bond as may be required by the board.
Sec. 30. NRS 286.170 is hereby amended to read as follows:
286.170 1. Subject to the limitations of this chapter and the budget prescribed by the board, the system shall be administered by the executive secretary and by a staff authorized by the board and appointed by the executive secretary with the approval of the board.
2. The board shall:
(a) Create such positions as it deems necessary for the sound and economical administration of the system.
(b) Fix the salaries of all persons employed for purposes of administering the system in accordance with the pay plan of the state adopted pursuant to the provisions of chapter 284 of NRS, but the salary of the executive secretary [shall be fixed in the manner provided in subsection 2 of NRS 286.160.] and the assistant executive secretary shall be in the amounts specified in section 1 of this act.
3. The members of the staff shall hold their respective positions in the discretion of the board, but no member shall be removed in a manner contrary to the provisions of chapter 284 of NRS.
Sec. 31. NRS 331.060 is hereby amended to read as follows:
331.060 1. The superintendent is authorized and directed to employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners, watchmen and such other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.150, inclusive.
κ1967 Statutes of Nevada, Page 1494 (CHAPTER 525, SB 521)κ
2. The employees shall perform duties as assigned by the superintendent. Employees in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
3. The superintendent shall be responsible for the fitness and good conduct of all such employees.
Sec. 32. NRS 331.160 is hereby amended to read as follows:
331.160 1. The Marlette Lake water system, comprising the water rights, land, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Washoe, Ormsby and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.
2. The purposes of the Marlette Lake water system are:
(a) To preserve and protect the sources of water.
(b) To provide adequate supplies of water to the areas served.
(c) To improve and preserve the watershed.
(d) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.
(e) To sell water under equitable and fiscally sound contractual arrangements.
3. The department of administration is designated as the state agency to supervise and administer the functions of the Marlette Lake water system.
4. The director of the department of administration may assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the department or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive.
5. Subject to the limit of funds provided by legislative appropriation or expenditures authorized pursuant to the provisions of chapter 353 of NRS, or both, the chief of the division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive. The water system supervisor employed by the private owner of the system on the date of acquisition by the State of Nevada shall be employed by the chief of the division, which position shall be in the unclassified service of the state until such employee terminates his employment with the state. Such employee shall receive an annual salary in the amount specified in section 1 of this act. Thereafter such position shall be in the classified service of the state.
Sec. 33. NRS 341.100 is hereby amended to read as follows:
341.100 1. The board may appoint a manager and technical supervisor, and such other technical and clerical assistants as may be necessary to carry into effect the purposes of its acts.
2. The manager and technical supervisor of the board and his deputy shall receive [an annual salary of not more than $14,400 as determined by the board.] annual salaries in the amounts specified in section 1 of this act.
Sec. 34. NRS 344.080 is hereby amended to read as follows:
344.080 1. The superintendent of state printing shall employ such compositors, machine operators, pressmen and assistants as the exigency of the work from time to time requires, and he may at any time discharge such employees.
κ1967 Statutes of Nevada, Page 1495 (CHAPTER 525, SB 521)κ
compositors, machine operators, pressmen and assistants as the exigency of the work from time to time requires, and he may at any time discharge such employees. At no time shall he employ more compositors, machine operators, pressmen and assistants that the necessities of the state printing office may require.
2. At no time shall the superintendent of state printing pay such compositors, machine operators, pressmen and assistants a higher rate of wages than is recognized by the employing printers of the State of Nevada, or than the nature of the employment may require. The chief assistant in the state printing office shall be in the unclassified service of the state and shall receive an annual salary in the amount specified in section 1 of this act.
3. On the first business day after the 1st and 15th days of each month the superintendent of state printing shall submit to the state board of examiners a statement of the salary or wages due each employee for the semimonthly period immediately preceding. The state board of examiners shall then immediately consider the payroll, and after its approval by the board, or a majority thereof, the state controller shall draw his warrants on the state treasurer in payment of the salaries or wages in the same manner as other salaries are paid.
Sec. 35. NRS 353.180 is hereby amended to read as follows:
353.180 The chief shall:
1. Have such technical and clerical assistance as the execution of his duties requires. Employees in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
2. Be furnished with suitable office space for the performance of the duties provided in NRS 353.150 o 353.246, inclusive.
Sec. 36. NRS 360.120 is hereby amended to read as follows:
360.120 1. A chief clerk and statistician shall be employed by the Nevada tax commission. He shall be the secretary of the Nevada tax commission and shall be in charge of the office of the commission.
2. For his services, the secretary of the Nevada tax commission shall receive an annual salary [of $14,400, payable in the same manner as other state salaries are paid.] in the amount specified in section 1 of this act.
Sec. 37. Chapter 381 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The curator and employees of the Lost City Museum shall:
1. Be in the unclassified service of the state; and
2. Receive annual salaries in the amounts specified in section 1 of this act.
Sec. 38. NRS 381.120 is hereby amended to read as follows:
381.120 1. The board of trustees shall have the power to employ and fix the duties, powers, compensations and conditions of employment of the director and all curators, assistants, janitors, laborers, guards and employees of the Nevada state museum.
2. The trustees may employ any of their members in a staff or other position.
3. The staff of the Nevada state museum shall be in the unclassified service of the state, but the custodial, clerical and maintenance employees of the museum shall be in the classified service.
κ1967 Statutes of Nevada, Page 1496 (CHAPTER 525, SB 521)κ
service of the state, but the custodial, clerical and maintenance employees of the museum shall be in the classified service. Employees in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
4. When any such employee is required to perform any travel in conjunction with his duties and at the specific instruction of his supervisor, he shall be reimbursed for such expense in accordance with the provisions of NRS 281.160.
Sec. 39. Chapter 382 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Employees of the Nevada historical society in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 40. NRS 382.020 is hereby amended to read as follows:
382.020 1. The office of executive secretary of the Nevada historical society is hereby created.
2. The executive secretary of the Nevada historical society shall receive an annual salary [of $8,220.] in the amount specified in section 1 of this act.
Sec. 41. NRS 385.170 is hereby amended to read as follows:
385.170 [The state board of education shall fix the annual salary of the superintendent of public instruction, which salary shall not exceed $20,000.] The superintendent of public instruction shall receive an annual salary in the amount specified in section 1 of this act.
Sec. 42. NRS 385.320 is hereby amended to read as follows:
385.320 1. The first assistant superintendent of public instruction and the assistant superintendent of public instruction for administration shall receive [salaries which shall be fixed in accordance with the pay plan adopted by the state pursuant to the provisions of chapter 284 of NRS.] annual salaries in the amounts specified in section 1 of this act, and they shall receive subsistence and travel expenses as provided by law.
2. Funds to carry out the provisions of this section and shall be provided by direct legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.
Sec. 43. NRS 407.045 is hereby amended to read as follows:
407.045 1. The administrator shall receive an annual salary [not to exceed $11,000.] in the amount specified in section 1 of this act.
2. The salary of the administrator may be apportioned and paid from any funds available to the system, unless otherwise provided by law.
3. The administrator shall receive the per diem expense allowance and travel expenses as provided by law.
Sec. 44. NRS 407.055 is hereby amended to read as follows:
407.055 1. The administrator may designate an employee or employees of the system to act as his deputy or deputies. In case of the absence of the administrator, or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy or deputies.
2. Deputies shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 45. NRS 408.140 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1497 (CHAPTER 525, SB 521)κ
408.140 1. Subject to the approval of the board, the attorney general shall, immediately upon request by the board, appoint an attorney at law, who shall be the chief counsel of the department, and such assistant attorneys as are necessary. Attorneys so appointed by the attorney general shall be deputy attorneys general.
2. The chief counsel shall act as the attorney and legal adviser of the department in all actions, proceedings, hearings and all matters relating to the department and to the powers and duties of its officers.
3. Under the direction of or in the absence of the chief counsel, the assistant attorneys shall have full authority to perform any duty required or permitted by law to be performed by the chief counsel.
4. The chief counsel and assistant attorneys shall be in the unclassified service of the state notwithstanding any provisions of chapter 284 of NRS to the contrary. [Compensation for their services shall be set by the board and paid from the state highway fund.] The chief counsel shall receive an annual salary in the amount specified in section 1 of this act to be paid from the state highway fund. Compensation for the services of assistant attorneys shall be set by the board and paid from the state highway fund.
5. All contracts, instruments and documents executed by the department shall be first approved and endorsed as to legality and form by the chief counsel.
Sec. 46. NRS 408.165 is hereby amended to read as follows:
408.165 The engineer shall receive an annual salary [as determined by the board in a sum not less than $12,000.] in the amount specified in section 1 of this act, which shall be payable out of the state highway fund in equal semimonthly or biweekly installments, upon the authority of a certificate from the board, approved by the state board of examiners, evidencing the amount so fixed.
Sec. 47. NRS 408.175 is hereby amended to read as follows:
408.175 1. Subject to the provisions of chapter 284 of NRS, the engineer shall:
[1.] (a) Appoint assistant engineers, who shall, in the absence, inability or failure of the engineer, have full authority to perform any duty required or permitted by law to be performed by the engineer.
[2.] (b) Employ a chief accountant, who shall be charged with the duty of handling the fiscal affairs and facilities of the department.
[3.] (c) Employ such engineers, engineering and technical assistants, clerks and other personnel as in his judgment may be necessary to the proper conduct of the department and to carry out the provisions of this chapter.
2. Such employees in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 48. NRS 414.040 is hereby amended to read as follows:
414.040 1. There is hereby created within the executive branch of the stare government a department of civil defense and disaster assistance called the civil defense and disaster agency, and a director of civil defense and disaster assistance, called the director, who shall be the head thereof. The director shall be appointed by and hold office at the pleasure of the governor. The director shall [be compensated at the rate of:
κ1967 Statutes of Nevada, Page 1498 (CHAPTER 525, SB 521)κ
(a) Until July 1, 1966, $9,660 per annum.
(b) From and after July 1, 1966, $10,080 per annum.] receive an annual salary in the amount specified in section 1 of this act.
2. The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other funds made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this chapter.
3. The director, subject to the direction and control of the governor, shall be the executive head of the civil defense and disaster agency and shall be responsible to the governor for carrying out the program for civil defense of this state. He shall coordinate the activities of all organizations for civil defense within the state, and shall maintain liaison with and cooperate with civil defense agencies and organizations of other states and of the Federal Government, and shall have such additional authority, duties and responsibilities authorized by this chapter as may be prescribed by the governor.
Sec. 49. NRS 417.060 is hereby amended to read as follows:
417.060 [1. The commissioner shall receive an annual salary of $8,640.
2. The deputy commissioner shall receive an annual salary of $8,640.] The commissioner and deputy commissioner shall each receive an annual salary in the amount specified in section 1 of this act.
Sec. 50. NRS 422.275 is hereby amended to read as follows:
422.275 1. The attorney general and his duly appointed assistants and deputies shall be legal advisers for the welfare division.
2. In order to compensate the office of the attorney general for services rendered, the welfare division shall, on or before the 1st day of each month, authorize the state controller to draw his warrant in favor of the state treasurer in an amount budgeted for that purpose, such sum of money to be taken from the state welfare fund. The state treasurer shall place such sum of money in the salary fund of the office of the attorney general to be used to pay partially for the services of the office of the attorney general. The deputy attorney general assigned as the legal adviser for the welfare division shall receive an annual salary in the amount specified in section 1 of this act.
3. The mileage and living expenses away from the office of the attorney general at the regular statutory state rate, together with telephone and telegraph charges incurred by the office of the attorney general on behalf of the welfare division, shall be charged directly against the state welfare fund.
Sec. 51. NRS 423.090 is hereby amended to read as follows:
423.090 1. Subject to the provisions of chapter 284 of NRS, the superintendent shall employ all persons necessary to conduct the affairs of the Nevada state childrens home.
2. Employees in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 52. NRS 433.100 is hereby amended to read as follows:
433.100 1. The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation, but he may attend seminars, act as a consultant and give lectures relating to his profession and accept appropriate stipends for such seminars, consultations and lectures.
κ1967 Statutes of Nevada, Page 1499 (CHAPTER 525, SB 521)κ
occupation, but he may attend seminars, act as a consultant and give lectures relating to his profession and accept appropriate stipends for such seminars, consultations and lectures.
2. He shall reside at the residence provided for in NRS 433.105.
3. Except as otherwise provided by law, his only compensation shall be an annual salary [which shall be fixed in accordance with the pay plan adopted under the provisions of chapter 284 of NRS.] in the amount specified in section 1 of this act.
4. The superintendent shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 53. NRS 463.027 is hereby amended to read as follows:
463.027 1. The commission may:
(a) Establish, and from time to time alter, such plan of organization as it may deem expedient.
(b) Employ and discharge an executive secretary, who shall receive an annual salary [not to exceed $13,200, the amount to be set by the commission,] in the amount specified in section 1 of this act, and who shall perform such duties as the commission may require, and such other personnel as it may deem necessary.
(c) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
(d) Incur such other expenses, within the limit of funds available to it as it may deem necessary.
2. Except as otherwise provided in this chapter, all costs of administration incurred by the commission shall be paid out on claims from the general fund in the state treasury in the same manner as other claims against the state are paid.
3. The commission shall classify its employees, the number of which is not limited, as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the commission, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 284 of NRS or any acts amendatory of or supplemental thereto except NRS 284.350 and 284.355. Employees in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 54. NRS 463.070 is hereby amended to read as follows:
463.070 1. The board members shall each receive an annual salary [of $15,840.] in the amount specified in section 1 of this act.
2. In addition to the salary set forth above, each member shall be entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.
Sec. 55. NRS 463.080 is hereby amended to read as follows:
463.080 1. The board may:
(a) Establish, and from time to time alter, such plan or organization as it may deem expedient.
(b) Employ, discipline and discharge such personnel as it may deem necessary.
(c) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
κ1967 Statutes of Nevada, Page 1500 (CHAPTER 525, SB 521)κ
motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
(d) Incur such other expenses, within the limit of funds available to it, as it may deem necessary.
(e) Except as otherwise provided in this chapter, all costs of administration incurred by the board shall be paid out on claims from the general fund in the same manner as other claims against the state are paid.
2. The board shall classify its employees, the number of which is not limited, as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the board, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 284 of NRS or any acts amendatory of or supplemental thereto except NRS 284.350 and 284.355. Employees in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 56. NRS 463.090 is hereby amended to read as follows:
463.090 1. The attorney general and his duly appointed assistants and deputies shall be the legal advisers for the commission and the board and shall represent the commission and the board in any proceeding to which either is a party.
2. The deputy attorney general assigned as the legal adviser for the commission and the board shall receive an annual salary in the amount specified in section 1 of this act.
Sec. 57. NRS 467.055 is hereby amended to read as follows:
467.055 1. Members of the commission, when authorized by the chairman, shall receive as compensation $25 for each full-day commission meeting.
2. The executive secretary of the commission shall [receive as compensation an amount fixed by the commission not to exceed $700 per month.] be in the unclassified service of the state and shall receive an annual salary in the amount specified in section 1 of this act.
3. Each inspector for the commission shall receive for the performance of his duties a fee approved by the commission.
Sec. 58. NRS 472.025 is hereby amended to read as follows:
472.025 The state forester firewarden shall:
1. Be in the unclassified service of the state.
2. Receive an annual salary [of $11,420.] in the amount specified in section 1 of this act.
Sec. 59. NRS 481.035 is hereby amended to read as follows:
481.035 1. [Until July 1, 1959, the chairman of the public service commission of Nevada shall be ex officio director of the department of motor vehicles. He shall receive no salary as such and his only compensation shall be as provided in NRS 703.080, but he shall receive the per diem expense allowance and travel expenses as provided by law.
2. On and after July 1, 1959, the] The director shall be appointed by the governor. The director shall be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration. He shall hold office for a term of 4 years from and after his appointment or until his successor shall have been appointed. He shall not be in the classified service of the state.
κ1967 Statutes of Nevada, Page 1501 (CHAPTER 525, SB 521)κ
[3. For the period beginning July 1, 1958, and ending June 30, 1959, there] 2. There is hereby created in the department of motor vehicles the office of deputy director, which office shall be in the unclassified service of the state. The deputy director shall be appointed by the [governor,] director, and shall be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration. He shall receive an annual salary [not to exceed $9,600,] in the amount specified in section 1 of this act, and the per diem expense allowance and travel expenses as provided by law.
Sec. 60. NRS 481.039 is hereby amended to read as follows:
481.039 The director shall receive:
1. An annual salary [of $14,200.] in the amount specified in section 1 of this act.
2. The per diem expense allowance and travel expenses as provided by law.
Sec. 61. NRS 501.180 is hereby amended to read as follows:
501.180 1. The commission may appoint a state director of fish and game, a technical adviser on fish and game, and such technical assistants and other assistants and clerks and state game wardens as it may deem necessary to conduct its business and enforce the provisions of this Title and of chapter 488 of NRS, who shall have such duties [and receive such compensation for their services] as may be fixed and determined by the commission. The state director of fish and game shall receive an annual salary in the amount specified in section 1 of this act. Compensation of other employees shall be fixed and determined by the commission.
2. When so appointed the state director and game wardens shall be clothed with all the police powers necessary to enforce the provisions of this Title and of chapter 488 of NRS. State game wardens appointed under the authority of this Title and regularly employed by the commission are empowered to act as peace officers for the service of legal process, including warrants and subpenas, as may be required in the performance of their duties in the enforcement of the fish and game laws and regulations and the Nevada Boat Act. Nothing in this subsection shall be construed to include such state game wardens within the provisions of subsections 1 or 3 of NRS 286.510, but their retirement from service under the provisions of chapter 286 of NRS at the age of 60 years shall be governed by the provisions of subsection 2 of NRS 286.510.
3. The commission may appoint a superintendent of hatcheries who is skilled and expert in the science of fish breeding, and shall exercise control and general supervision over him.
Sec. 62. NRS 532.060 is hereby amended to read as follows:
532.060 The state engineer shall receive an annual salary [of $13,800.] in the amount specified in section 1 of this act.
Sec. 63. NRS 533.270 is hereby amended to read as follows:
533.270 1. There shall be appointed by the state engineer, subject to confirmation by any court having jurisdiction, one or more commissioners for any stream system or water district subject to regulation and control by the state engineer.
2. The duties and salaries of such water commissioners shall be fixed by the state engineer and the salaries shall be paid by the State of Nevada out of the water distribution funds provided for in NRS 533.290.
κ1967 Statutes of Nevada, Page 1502 (CHAPTER 525, SB 521)κ
fixed by the state engineer and the salaries shall be paid by the State of Nevada out of the water distribution funds provided for in NRS 533.290. The district supervisor of water commissioners shall receive an annual salary, one-half of which shall be in the amount specified in section 1 of this act and provided by direct legislative appropriation, the other half to be paid from the water distribution funds.
3. The water commissioners appointed under the provisions of this section shall be exempt from the provisions of chapter 284 of NRS.
Sec. 64. NRS 538.110 is hereby amended to read as follows:
538.110 At the first meeting of the commission in each calendar year, the commission shall select officers for the ensuing calendar year consisting of a chairman, vice chairman and secretary. The secretary may not be a member of the commission. [and his compensation shall be in the amount fixed by law.] The secretary shall receive an annual salary in the amount specified in section 1 of this act.
Sec. 65. NRS 607.030 is hereby amended to read as follows:
607.030 1. The labor commissioner shall receive an annual salary [of $9,660, payable in the manner provided in NRS 281.120.] in the amount specified in section 1 of this act.
2. The labor commissioner shall be allowed the per diem expense allowance and travel expenses as provided by law.
Sec. 66. NRS 607.050 is hereby amended to read as follows:
607.050 1. The labor commissioner is authorized and directed to employ a deputy, who shall [receive such compensation as is provided for under the provisions of chapter 284 of NRS.] be in the unclassified service of the state and receive an annual salary specified in section 1 of this act.
2. When travel is necessary in the performance of his official duties, the deputy shall be entitled to receive from the state, in addition to his salary, the same mileage and expenses as are provided by law for state officers and employees.
3. If admitted to the practice of law in the State of Nevada, the deputy shall have all the powers and authority of the district attorneys of the several counties in this state in the prosecution of all claims and actions originating with the labor commissioner by appropriate action in the courts of this state, when the labor commissioner is charged with the enforcement of such law or laws.
4. The deputy shall act under the direction of the labor commissioner, and in the performance of his duties he shall be responsible to the labor commissioner.
Sec. 67. NRS 612.215 is hereby amended to read as follows:
612.215 1. The employment security department shall be administered by a full-time salaried executive director, who shall be appointed by the governor and whose term of office shall be at the pleasure of the governor.
2. The executive director of the employment security department shall receive an annual salary [, the amount of which shall be fixed by the governor.] in the amount specified in section 1 of this act.
3. The executive director shall have full administrative authority with respect to the operation and functions of the unemployment compensation service and the state employment service.
κ1967 Statutes of Nevada, Page 1503 (CHAPTER 525, SB 521)κ
Sec. 68. NRS 616.130 is hereby amended to read as follows:
616.130 1. One of the commissioners shall be representative of labor and shall be selected by the governor for appointment from the individuals whose names are submitted to him, one by the Nevada State Federation of Labor affiliated with the American Federation of Labor, and one by the Congress of Industrial Organizations for the State of Nevada.
2. The annual salary of the commissioner representative of labor shall be [$13,200.] in the amount specified in section 1 of this act.
3. The present commissioner whose term expires on September 3, 1955, is hereby determined to be the representative of labor. The successor of the commissioner representative of labor shall be deemed to represent labor.
Sec. 69. NRS 616.135 is hereby amended to read as follows:
616.135 1. One of the commissioners shall be representative of employers and shall be selected by the governor for appointment from the individuals whose names are submitted to him by recognized associations and employer groups located in the state.
2. The annual salary of the commissioner representative of employers shall be [$13,200.] in the amount specified in section 1 of this act.
3. The present commissioner whose term expires on June 23, 1955, is hereby determined to be the representative of employers. The successor of the commissioner representative of employers shall be deemed to represent employers.
Sec. 70. NRS 616.140 is hereby amended to read as follows:
616.140 1. The third commissioner selected by the governor shall be the chairman. The appointee shall have not less than 5 years actuarial experience and shall have a degree of master of business administration or experience deemed equivalent to that degree.
2. An annual salary of the chairman shall be [not less than $8,500 nor more than $15,840.] in the amount specified in section 1 of this act.
Sec. 71. NRS 645.130 is hereby amended to read as follows:
645.130 1. The real estate division may employ, without regard to the provisions of chapter 284 of NRS, legal counsel, investigators and other professional consultants, and, pursuant to the provisions of chapter 284 of NRS, may employ such other employees as are necessary to the discharge of its duties. Employees in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
2. No employee of the real estate division shall be interested in any real estate or brokerage firm, nor shall any employee act as a broker or salesman or agent therefor.
Sec. 72. NRS 658.060 is hereby amended to read as follows:
658.060 1. Within the provisions of chapter 284 of NRS, the superintendent of banks may appoint deputy superintendents of banks, assistants, clerks, stenographers and other employees necessary to assist him in the performance of his duties.
2. Such employees shall receive such salaries as may be authorized under the provisions of chapter 284 of NRS [,] and section 1 of this act, and shall perform such duties as may be assigned to them by the superintendent of banks.
κ1967 Statutes of Nevada, Page 1504 (CHAPTER 525, SB 521)κ
Sec. 73. NRS 673.0351 is hereby amended to read as follows:
673.0351 The commissioner shall:
1. Be appointed by and serve at the pleasure of the governor.
2. Have had experience in the savings and loan field.
3. Receive an annual salary [of $15,000.] in the amount specified in section 1 of this act.
4. Receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 74. NRS 673.0353 is hereby amended to read as follows:
673.0353 The commissioner shall have such technical and clerical assistance as the execution of his duties requires. Such employees in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
Sec. 75. NRS 680.080 is hereby amended to read as follows:
680.080 1. The commissioner may designate an employee of the insurance division as his chief deputy, who shall not be in the classified service of the state. The chief deputy shall receive an annual salary in the amount specified in section 1 of this act.
2. In case of the absence of the commissioner or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his chief deputy.
Sec. 76. NRS 680.090 is hereby amended to read as follows:
680.090 1. The commissioner shall have such technical and clerical assistance as the execution of his duties requires. Such employees in the unclassified service of the state shall receive annual salaries in the amounts specified in section 1 of this act.
2. Surety bonds may be executed for such insurance division employees and in such amounts as may be prescribed by the commissioner.
Sec. 77. NRS 703.080 is hereby amended to read as follows:
703.080 [1. The chairman of the commission shall receive an annual salary of $14,400.
2. The other commissioners shall each receive annual salaries of $13,200.] The chairman and the other commissioners shall each receive an annual salary in the amount specified in section 1 of this act.
Sec. 78. NRS 703.130 is hereby amended to read as follows:
703.130 1. The commission shall appoint a secretary who shall perform such administrative and other duties as are prescribed by the commission. The commission shall also appoint an assistant secretary.
2. The commission may employ such other clerks, experts or engineers as may be necessary. Employees in the unclassified service of the state shall receive the annual salaries specified in section 1 of this act.
3. The compensation of the secretary and other employees shall be fixed in accordance with the provisions of chapter 284 of NRS.
Sec. 79. NRS 436.012 is hereby amended to read as follows:
436.012 The administrator shall:
1. Be a physician eligible for licensing in this state under the provisions of chapter 630 of NRS.
2. Receive an annual salary [not to exceed $21,000,] , which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
κ1967 Statutes of Nevada, Page 1505 (CHAPTER 525, SB 521)κ
be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
Sec. 80. This act shall become effective at 12:30 a.m. on July 1, 1967.
________
Senate Bill No. 102Committee on Judiciary
CHAPTER 526
AN ACT relating to vagrancy laws; to revise the definition of vagrancy; to standardize state and local laws and ordinances relating thereto; providing a penalty; and providing other matters properly relating thereto.
[Approved April 26, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 244.357 is hereby amended to read as follows:
244.357 1. Each board of county commissioners may enact and enforce such local police and sanitary ordinances and regulations as are not in conflict with the general laws and regulations of the State of Nevada, but may not enact any ordinance or regulation fixing a speed limit on any United States highway or any highway or road which is constructed, reconstructed, improved or maintained by the department of highways as provided in chapter 408 of NRS.
2. Each board of county commissioners may enact and enforce a vagrancy ordinance which conforms to the provisions of NRS 207.030.
Sec. 3. NRS 266.350 is hereby amended to read as follows:
266.350 The city council shall have the power:
1. To prevent intoxication, fighting, quarreling and all disorderly conduct.
2. To provide against and to prevent the offenses of assault and battery and petit larceny.
3. To restrain riots, routs, noises, disturbances or disorderly assemblies in any street, house or place in the city.
4. To provide against or prevent the offense of obtaining money or property under false pretenses or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretenses does not exceed in value the sum of $50.
5. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior.
6. To punish the interference with any city officer in the discharge of his duty.
7. To provide for the punishment of trespass and such other petty offenses as the city council may deem proper.
κ1967 Statutes of Nevada, Page 1506 (CHAPTER 526, SB 102)κ
8. To punish and prohibit the selling or giving away of any intoxicating malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard or person in the habit of becoming intoxicated.
9. To punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium or inhaling the fumes of opium, or where opium is sold for such purposes.
10. [To arrest, fine or set to work on the streets or elsewhere all vagrants, mendicants and persons found in the city without visible means of support or some legitimate business.
11.] To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves or persons who practice any game, trick or device, with intent to swindle.
[12.] 11. To regulate, prohibit the location of and suppress all houses of ill fame, hurdy gurdy houses, bawd houses, and any and all places to which persons resort for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dancehouses and saloons having special attractions, such as music or otherwise.
Sec. 4. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In addition to any authority or power provided by the charter of any incorporated city in this state, whether incorporated by general or special act, or otherwise, there is granted to the governing body of each of the cities incorporated under any law of this state the power to enact and enforce a vagrancy ordinance which conforms to the provisions of NRS 207.030.
Sec. 5. Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state are empowered to enact and enforce a vagrancy ordinance which conforms to the provisions of NRS 207.030.
Sec. 6. Section 19 of the charter of the City of Caliente, being chapter 289, Statutes of Nevada 1957, at page 409, is hereby amended to read as follows:
Section 19. City Council, Powers. The said city council shall have the following powers:
(1) To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said council may deem proper; provided, that the punishment of any offense shall be by fine not to exceed five hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
κ1967 Statutes of Nevada, Page 1507 (CHAPTER 526, SB 102)κ
(2) To control the finances and property of the corporation.
(3) To appropriate the same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
(4) To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
(5) To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the council shall determine; and the said council may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds to an amount in excess of 60 percent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip, or other evidences of indebtedness, in excess of 2 percent of the assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light, and heat. The said council shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The city council shall have the power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in said manner. The city council shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the council and mayor, or an engineer or party theretofore, appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest, and time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for four consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said council will pass an ordinance providing for said bond issue. At the first regular meeting of the council, or any adjournment thereof, after the completion of said publication, the council shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said council signed by not less than 10 percent of the qualified electors of the said city as shown by the last preceding registration list and representing not less than 5 percent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 10 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed; then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast.
κ1967 Statutes of Nevada, Page 1508 (CHAPTER 526, SB 102)κ
cast. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said council pursuant to a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said council at any time prior to the date of meeting set in said published notice.
(6) To borrow money by the issuance and said of revenue bonds of the city for water, sewer, electric light and power purposes as hereinafter in this charter provided.
(7) To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.
(8) To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
(9) To fix the amount of licenses and terms and manner of their issuance.
(10) To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or in part within the city, including all theatres, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous, or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway or bus companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stockbrokers.
To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products, of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.
To prohibit and suppress all dogfights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.
κ1967 Statutes of Nevada, Page 1509 (CHAPTER 526, SB 102)κ
bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.
To fix, impose and collect a license tax on and regulate all lawful professions, trades and callings and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games or other or any table games played with cue and balls, or other mechanical devices, bakeries, milliners, gunsmith companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors, or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any kind and all kinds, wholesale liquor houses, ore purchases or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstract of title, iron works, notion and notion shops, pipe and tobacco shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
(11) To fix, impose and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles, and all automobiles, taxicabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles.
κ1967 Statutes of Nevada, Page 1510 (CHAPTER 526, SB 102)κ
wagons and other public vehicles, and all automobiles, taxicabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses.
(12) To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
(13) To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.
(14) To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
(15) To prevent and remove obstructions and encroachments upon the same.
(16) To provide for and regulate crosswalks, curbs and gutters.
(17) To name streets, avenues, or other public places and to change the names thereof.
(18) To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.
(19) To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow or obstructions.
(20) To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park, or public ground.
(21) To regulate and prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.
(22) To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.
(23) To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds or upon the sidewalks.
(24) To regulate the speed of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues, and public places.
(25) To regulate or prohibit any public demonstrations and processions.
(26) To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues, and public places.
(27) To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks.
(28) To regulate the ringing of bells, blowing of horns, bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
κ1967 Statutes of Nevada, Page 1511 (CHAPTER 526, SB 102)κ
of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
(29) To construct and keep in repair bridges, viaducts, and tunnels, and to regulate the use thereof.
(30) To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, streetcar tracks and connecting and terminal tracks.
(31) (Deleted by amendment.)
(32) (Deleted by amendment.)
(33) (Deleted by amendment.)
(34) To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
(35) To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
(36) To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or associations, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of the said city.
(37) To provide for the lighting of the streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power.
(38) To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
(39) To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operating of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
(40) To regulate and control the water and watercourses, ditches, flumes, within or leading to the city, and to regulate and control mill privileges within the city.
(41) To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells, and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase, or lease the land from or upon which said water has been appropriated or applied.
κ1967 Statutes of Nevada, Page 1512 (CHAPTER 526, SB 102)κ
and, if necessary, to secure said sources of water supply to purchase, or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
(42) To fix the rate to be paid for the use of water, electric light and power, and sewer services furnished by the city.
(43) To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
(44) To regulate the construction, repair and use of vats, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.
(45) To establish markets and market-houses, and to provide for the regulation and use thereof.
(46) To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
(47) To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions and regulate the selling of the same.
(48) To provide for the inspection, measurement, or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
(49) To provide for the inspection and sealing of weights and measures.
(50) To enforce the keeping and use of proper weights and measures by vendors.
(51) To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.
(52) To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
(53) To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, hide or junk warehouses, soap factories, foundries, breweries, distilleries, livery stables and the blacksmith shops in, or within one mile of the limits of the corporation.
(54) To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pigsty, barn, corral, sewer or other unwholesome house or place, to cleanse, abate, or remove the same, and to regulate the location thereof.
(55) To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporation limits, and within twelve miles thereof.
κ1967 Statutes of Nevada, Page 1513 (CHAPTER 526, SB 102)κ
the same within the corporation limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
(56) To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
(57) To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons, and others for default therein.
(58) To provide for the burial of the indigent dead and to pay the expenses thereof.
(59) To authorize the taking and to provide for safekeeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
(60) To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
(61) To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
(62) To prescribe the manner of constructing stone, brick, and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
(63) To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
(63 1/2) To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connected therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zone, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction and which application shall be subject to approval or rejection or limited or provisionally approved in the discretion of said city council if not fully complying with said building code, and providing in greater detail each, any, and all of the matters and things described in subsections 61, 62 and 63, provided, however that said building code may be adopted by resolution of said city council and thereafter amended, changed, enlarged, or extended by resolution of said council, at any regular or special meeting thereof and without the necessity of passing of adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said council shall cause a brief notice of such adoption to be published at least twice in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said council requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
κ1967 Statutes of Nevada, Page 1514 (CHAPTER 526, SB 102)κ
lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zone, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction and which application shall be subject to approval or rejection or limited or provisionally approved in the discretion of said city council if not fully complying with said building code, and providing in greater detail each, any, and all of the matters and things described in subsections 61, 62 and 63, provided, however that said building code may be adopted by resolution of said city council and thereafter amended, changed, enlarged, or extended by resolution of said council, at any regular or special meeting thereof and without the necessity of passing of adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said council shall cause a brief notice of such adoption to be published at least twice in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said council requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
(64) To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
(65) To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
(66) To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.
(67) Except as otherwise provided by law to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the council may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
(68) To provide for the inspection and to regulate the use of steam-boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.
(69) To prohibit cruelty to animals.
(70) To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound keeper, and prescribe his duties, and to restrain and impound animals running at large, and sale of such animals.
κ1967 Statutes of Nevada, Page 1515 (CHAPTER 526, SB 102)κ
of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound keeper, and prescribe his duties, and to restrain and impound animals running at large, and sale of such animals. After the payment of all costs, the proceeds arising from the sale of such animals shall go to the city treasury to be disposed of according to law.
(71) To provide for the punishment of persons disturbing the peace and good order of the city or any unlawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the council may deem proper.
(72) To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
(73) [To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in said city without visible means of support of some legitimate business.
(74)] To prevent intoxication, fighting, quarreling, dogfights, cockfights, prize fights, bullfights, and all disorderly conduct and to provide against and to prevent the offenses of assault and battery and petit larceny; to restraint riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled is obtained by false pretense does not exceed in value the sum of one hundred dollars.
[(75)] (74) To regulate and prohibit the carrying of concealed weapons.
[(76)] (75) To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
[(77)] (76) To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; and also to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
κ1967 Statutes of Nevada, Page 1516 (CHAPTER 526, SB 102)κ
[(78)] (77) To provide for and regulate the numbering of houses and lots.
[(79)] (78) To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the council shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.
[(80)] (79) To erect, lease, acquire, and maintain all needful buildings for the use of the city.
[(81)] (80) The city council shall have the power to condemn property for public use.
[(82)] (81) To provide television to the community through the use of translators or other devices approved by the Federal Communications Commission and to establish fees, tolls or charges for the use thereof by the general public.
Sec. 7. Section 30 of chapter II of the charter of the City of Elko, being chapter 417, Statutes of Nevada 1965, at page 1110, is hereby amended to read as follows:
Section 30. The said board of supervisors shall have the following powers:
1. To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine not to exceed three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
2. To control the finances and property of the corporation.
3. To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. To borrow money for corporate purposes, including the acquisition of a public utility, after the issuance of a proclamation setting forth the amount, terms, maximum rate of interest and duration of the proposed indebtedness, the fund from which it is to be paid, and in the case of a public utility the estimated cost as shown by an expert appraisal. Such proclamation shall be published in full at least once a week for four successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which the board will pass an ordinance providing for such bond issue. At the first regular meeting of the board, or any adjournment thereof, after the completion of publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting the question to a vote of the electors of the city, unless a petition is presented to the board signed by not less than 5 percent of the qualified electors of the city as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating such 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed.
κ1967 Statutes of Nevada, Page 1517 (CHAPTER 526, SB 102)κ
city as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating such 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed. Thereupon, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by the board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by the board pursuant to a majority vote in favor of the ordinance. The petition for an election herein referred to may be filed with the board at any time prior to the date of meeting set in the published notice. The form, sale and redemption of the bonds shall comply with the provisions of NRS 350.080 to 350.190, inclusive, including any amendments thereto by the 53rd Session of the legislature of the State of Nevada, which are hereby adopted by reference. The board may secure the payment of any general obligation bonds of the city by making such bonds a preferred lien against the real or personal property of the city, or by pledging specified revenues of the city to their payment.
6. To issue refunding bonds in the manner provided by NRS 350.241 to 350.247, inclusive, which are hereby adopted by reference.
7. To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.
8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and terms and manner of their issuance.
10. To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or part within the city, including all theaters, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells, or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products, of this state.
κ1967 Statutes of Nevada, Page 1518 (CHAPTER 526, SB 102)κ
agricultural products, of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.
To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.
To fix, impose and collect a license tax on street cars, telephones, gas meters, electric meters, water meters, or any other similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.
To fix, impose and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufactures of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, drygoods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said board may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
κ1967 Statutes of Nevada, Page 1519 (CHAPTER 526, SB 102)κ
shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said board may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
11. To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles and all automobiles, taxi cabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses, and to fix, impose and collect an annual license tax on privately owned and operated automobiles, automobile trucks and motorcycles operated within the city limits.
12. To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
13. To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sales upon the street and sidewalks, and in public places.
19. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow and other obstructions.
20. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.
21. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting of handbills or advertisement.
κ1967 Statutes of Nevada, Page 1520 (CHAPTER 526, SB 102)κ
for the support of wires or cables, horse troughs or racks, or for posting of handbills or advertisement.
22. To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.
23. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
24. To regulate the speed of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues, and public places.
25. To regulate or prohibit any public demonstrations and processions.
26. To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues and public places.
27. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams or horses.
28. To regulate the ringing of bells, blowing of horns, and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
29. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
30. To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, street car tracks, and connecting and terminal tracks.
31. To declare a nuisance and to take up and remove, or to cause to be taken up and removed, the tracks of any railway, which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.
32. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and to keep the same in repair within the limits of the city.
33. To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.
κ1967 Statutes of Nevada, Page 1521 (CHAPTER 526, SB 102)κ
under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.
34. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
35. To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
36. To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or association, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of said city.
37. To provide for the lighting of streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power, and to regulate the inspection thereof.
38. To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
39. To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
40. To regulate and control the water and watercourses, ditches and flumes, within or leading to the city, and to regulate and control mill privileges within the city.
41. To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or other public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
42. To fix the rate to be paid for the use of water furnished by the city.
43. to purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
κ1967 Statutes of Nevada, Page 1522 (CHAPTER 526, SB 102)κ
43.5. To construct, within or without the city limits, works designed to protect the city from floods; to acquire by purchase or condemnation any property or water right necessary or appropriate for such purpose; and to enact all ordinances and regulations necessary to carry the power conferred in this section into effect.
44. To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.
45. To establish markets and market-houses, and to provide for the regulation and use thereof.
46. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
47. To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.
48. To provide for the inspection, measurement, or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
49. To provide for the inspection and sealing of weights and measures.
50. To enforce the keeping and use of proper weights and measures by venders.
51. To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.
52. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
53. To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughter houses, butcher shops, hide or junk warehouses, soap factories, foundries, breweries, distilleries, livery stables and blacksmith shops in, or within one mile of the limits of, the corporation.
54. To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pig-sty, privy, barn, corral, sewer or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.
55. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
56. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
κ1967 Statutes of Nevada, Page 1523 (CHAPTER 526, SB 102)κ
convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
57. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.
58. To provide for the burial of the indigent dead and to pay the expenses thereof.
59. To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
60. To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
61. To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
62. To prescribe the manner of constructing stone, brick and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
63. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
63.5 To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connected therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zones, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction, and such application shall be subject to approval or rejection or limited or provisional approval in the discretion of said board of supervisors if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsections 61, 62, and 63 of said section 30 of chapter 2 of said act; provided, however, that said building code may be adopted by resolution of said board of supervisors and thereafter amended, changed, enlarged, or extend by resolution of said board, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person, and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said board shall cause a brief notice of such adoption to be published at least once in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said board of supervisors requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
κ1967 Statutes of Nevada, Page 1524 (CHAPTER 526, SB 102)κ
described in subsections 61, 62, and 63 of said section 30 of chapter 2 of said act; provided, however, that said building code may be adopted by resolution of said board of supervisors and thereafter amended, changed, enlarged, or extend by resolution of said board, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person, and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said board shall cause a brief notice of such adoption to be published at least once in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said board of supervisors requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
64. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
65. To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
66. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.
67. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
68. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam-generating apparatus, or elevators within the corporation limits of the city.
69. To prohibit cruelty to animals.
70. To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound and appoint a pound keeper, and prescribe his duties, and to distrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals, after the payment of all costs, shall go to the city treasury to be disposed of according to law.
71. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
κ1967 Statutes of Nevada, Page 1525 (CHAPTER 526, SB 102)κ
or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
72. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
73. [To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in said city without visible means of support or some legitimate business.
74.] To prevent intoxication, fighting, quarreling, dog fights, cock fights, prize fights, bull fights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars.
[75.] 74. To regulate and prohibit the carrying of concealed weapons.
[76.] 75. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
[77.] 76. To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; and also to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
[78.] 77. To provide for and regulate the numbering of houses and lots.
[79.] 78. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose except as otherwise provided in subsection 5.
[80.] 79. To erect, lease, acquire, and maintain all needful buildings for the use of the city.
κ1967 Statutes of Nevada, Page 1526 (CHAPTER 526, SB 102)κ
[80.5.] 80. To acquire, develop, enlarge, improve and equip a public airport. This grant of power is in addition to and not in lieu of any other grant of power in this respect by any general or special law, including without limitation chapter 218, Statutes of Nevada 1963.
81. To condemn property for public uses.
Sec. 8. Section 34 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, at page 678, is hereby amended to read as follows:
Section 34. Powers of Councilmen. The board of councilmen shall have the following powers:
1. To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the board may deem proper; provided, that the punishment of any offense shall be by a fine not to exceed $300 or by imprisonment not to exceed 6 months, or by both such fine and imprisonment.
2. To control the finances and property of the corporation.
3. To appropriate the same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board shall determine; and the board may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that the city shall not issue or have outstanding at any one time bonds to an amount in excess of 10 percent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 3 percent of the assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of the city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light, heat and sewerage. The board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within 30 years after issuing the same. The board shall have power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in such manner. The board shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the board and mayor, or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest and the time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for 4 successive weeks in some newspaper of general circulation published in the county, and shall state the date of the meeting at which the board will pass an ordinance providing for the bond issue.
κ1967 Statutes of Nevada, Page 1527 (CHAPTER 526, SB 102)κ
newspaper of general circulation published in the county, and shall state the date of the meeting at which the board will pass an ordinance providing for the bond issue. At the first regular meeting of the board, or any adjournment thereof, after the completion of publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting the question to a vote of the electors of the city; provided, however, that if a petition shall be presented to the board signed by not less than 20 percent of the qualified electors of the city as shown by the last preceding registration list and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating the 10 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purposes and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by the board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by the board pursuant to a majority vote in favor of the ordinance. The petition for an election herein referred to may be filed with the board any time prior to the date of meeting set in the published notice. Only qualified electors who are taxpayers of the city shall vote at any bond election.
The board may issue revenue bonds for the purpose of acquiring a public utility and the board may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
6. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation or refunding of the same, but not such consolidating or refunding bonds shall be issued except in the manner provided in subsection 5 of section 34 of this act.
7. To divide the city into districts for the purpose of local taxation or to create districts for the purpose as occasion may require.
8. To raise revenue by levying and collecting license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of license and terms and manner of their issuance.
10. To fix, impose and collect a license tax on and to regulate all character of lawful callings, industries, occupations, professions and business conducted in whole or part within the city. The board may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
11. To fix, impose and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which the tax shall not be paid.
12. To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
κ1967 Statutes of Nevada, Page 1528 (CHAPTER 526, SB 102)κ
enforce a uniform grade for grade, pave or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
13. To plant or direct and regulate the planting of ornamental shade trees, in, or along, and upon streets, avenues, sidewalks, parks and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.
19. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk and gutter in front or along the same free from snow and other obstructions.
20. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury, or obstruction to, any street, avenue, alley, park or public ground.
21. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public grounds and buildings, for signs, sign posts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.
22. To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.
23. To regulate or prevent the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
24. To regulate the speed of automobiles, motorcycles, and other conveyances and vehicles within the limits of the corporation; and to prevent immoderate driving or riding in the streets, alleys, avenues and public places.
25. To regulate or prohibit any public demonstrations and processions.
26. To prevent and regulate the playing of ball, the riding of bicycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks.
27. To regulate the ringing of bells, blowing of horns, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
28. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
29. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
κ1967 Statutes of Nevada, Page 1529 (CHAPTER 526, SB 102)κ
30. To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
31. To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or association, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of the city.
32. To provide for the lighting of streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of natural gas or manufactured gas, and electric and other lights and electric power, and to regulate the inspection thereof.
33. To construct and maintain water works, gas works and electric light works, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of the works from any person or corporation.
34. To construct or authorize the construction of water works without the city limits for the supply of the city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
35. To regulate and control water and water courses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city.
36. To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or other public uses; and to prevent all waste of water, and, if necessary, to secure sources of water supply, to purchase or lease land from or upon which the water has been appropriated or applied. Also, to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
37. To fix the rate to be paid for the use of water furnished by the city.
38. To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
39. To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine all such works.
κ1967 Statutes of Nevada, Page 1530 (CHAPTER 526, SB 102)κ
40. To establish markets and market-houses, and to provide for the regulation and use thereof.
41. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
42. To provide for the inspection, measurement or [graduation] gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
43. To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.
44. To provide for the inspection and sealing of weights and measures.
45. To enforce the keeping and use of proper weights and measures by vendors.
46. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue or suffer nuisances to exist.
47. To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, hide or junk warehouses, soap factories, foundries, in, or within 1 mile of the limits of, the corporation.
48. To prohibit any offensive or unwholesome business or establishment in or within 1 mile of the limits of the corporation; to compel the owner of any pigsty, privy, barn, corral, sewer or other unwholesome or nauseous house or place to cleanse, abate or remove the same, and to regulate the location thereof.
49. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporate limits, and within 12 miles thereof. To create a board of health and prescribe the powers and duties of the same.
50. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of the city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and regulations for the protection and government of such grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
51. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.
52. To provide for the burial of the indigent dead and to pay the expenses thereof.
53. To authorize the taking and to provide for safekeeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
κ1967 Statutes of Nevada, Page 1531 (CHAPTER 526, SB 102)κ
54. To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in the city.
55. To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
56. To prescribe the manner of constructing stone, brick and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, benches, scenery, curtains, blinds, screens, or other appliances therein.
57. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
58. To regulate or prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
59. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, gasoline, turpentine, dynamite, petroleum, or any of the products thereof, and other combustibles or explosive material, and the building of bonfires.
60. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe the rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
61. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.
62. To prohibit cruelty to animals.
63. To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound and appoint a poundkeeper, and prescribe his duties, and to distrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals, after the payment of all costs, shall go to the city treasury to be disposed of according to law.
64. To provide for the punishment of persons disturbing the peace and good order of the city, or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
κ1967 Statutes of Nevada, Page 1532 (CHAPTER 526, SB 102)κ
by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
65. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
66. [To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in the city without visible means of support or some legitimate business.
67.] To prevent intoxication, fighting, quarreling, dogfights, cockfights, bullfights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of $50.
[68.] 67. To regulate and prohibit the carrying of concealed weapons.
[69.] 68. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
[70.] 69. To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated.
[71.] 70. To provide for and regulate the numbering of houses and lots.
[72.] 71. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.
[73.] 72. To erect, lease, acquire, and maintain all needful buildings for the use of the city.
[74.] 73. The board of councilmen shall have the power to condemn property for public uses.
Sec. 9. Section 44 of Article VI of the charter of the City of Henderson, being chapter 240, Statutes of Nevada 1965, at page 453, is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1533 (CHAPTER 526, SB 102)κ
Section 44. Councils powers: Public peace and morals; prostitution.
1. The council has the power to:
(a) Prevent intoxication, fighting and quarreling.
(b) Provide against and to prevent the offenses of assault and battery and petit larceny.
(c) Provide against or prevent the offense of obtaining money or property under false pretenses or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretenses does not exceed in value the sum of $50.
(d) Provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior.
(e) Punish the interference with any city officer in the discharge of his duty.
(f) Provide for the punishment of trespass and such other petty offenses as the city council may deem proper.
(g) Punish and prohibit the selling or giving away of any intoxicating malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard or person in the habit of becoming intoxicated.
(h) [Arrest, fine or set to work on the streets or elsewhere all vagrants, mendicants and persons found in the city without visible means of support or some legitimate business.
(i)] Provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, thieves or persons who practice any game, trick or device, with intent to swindle.
2. The council shall prohibit and suppress houses of ill-fame, bawdy houses, and any and all places in the city to which persons resort for lascivious purposes, or purposes of lewdness or prostitution.
Sec. 10. Section 31 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 505, Statutes of Nevada 1965, at page 1417, is hereby amended to read as follows:
Section 31. The board of commissioners shall have the power:
1. To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution or statutes of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum not to exceed five hundred ($500) dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment, and in addition thereto the punishment may include any other penalty provided by statute for the same or similar offense against the statutes of the State of Nevada.
2. To control the finances and property of the corporation.
3. To appropriate the same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
κ1967 Statutes of Nevada, Page 1534 (CHAPTER 526, SB 102)κ
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. Subject to the general laws of the state relating to the issuance of bonds by municipalities, to borrow money on the credit of the city for the corporate purposes hereinafter designated, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the board may secure the payment of any bonds of the city by making them preferred liens against the real or other property of the city; provided, that except as otherwise provided in this act, said city shall not issue nor have outstanding at any time bonds to an amount in excess of 20 percent of the total valuation of the taxable property within its limits, as shown by the last preceding tax list or assessment roll, nor shall said city have issued or outstanding at any time warrants, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, issuing bonds, or loaning its credit for establishing, constructing, purchasing, otherwise acquiring, improving, extending and bettering supplies of water, the municipal water works, and other water facilities.
Said board shall have the power, in addition to the powers elsewhere conferred upon said board, either individually or jointly with other municipalities, to establish, construct, purchase, otherwise acquire, improve, extend, and better a sanitary sewer system, storm sewer system, or joint sanitary and storm sewer system, sanitary sewers, waste mains, storm drains, storm sewers, sewer disposal plants, a supply of water, a municipal water works, other water facilities, electric light and power plants, transmission lines, and other electric facilities, or other public utilities, streets, alleys, and other public highways, highway viaducts, overpasses, subways, underpasses, public parks, playgrounds, swimming pools, auditoriums, convention halls, amusement halls, golf courses, recreation centers, other recreational facilities, a city hall, fire extinguishing equipment, and buildings therefor, buildings for other municipal facilities and activities, to acquire a suitable site or grounds for any of said facilities, to equip and furnish the same, and to issue bonds therefor, at one time, or from time to time, which bonds shall be of convenient denominations, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or substantially equal amounts of principal and interest, commencing not later than 3 years from the date of the bonds and ending not later than 25 years from said date, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk.
Before issuing said bonds, the said board shall publish a notice at least once a week, on the same day of the week, for at least three consecutive weeks in some newspaper published within said city, calling for the submission of a question authorizing the issuance of such bonds to the regularly qualified electors of the city at a general or special election.
κ1967 Statutes of Nevada, Page 1535 (CHAPTER 526, SB 102)κ
the submission of a question authorizing the issuance of such bonds to the regularly qualified electors of the city at a general or special election. Such notice shall state the amount of the proposed bond issue, that said bonds shall bear a rate of interest not to exceed 7 percent per annum, the time and the manner of their payment, and that they are for a purpose therein designated. The board shall cause a sufficient number of ballots to be printed which shall bear substantially the following words: ...................bonds-Yes and ...................bonds-No, printed thereon in parallel lines one above the other. The voter will stamp a cross or capital X in the square after the word No, if opposed to the bond issue and after the word Yes, if in favor of the issue. The election shall be conducted and the votes canvassed and announced in all several particulars as in other elections.
If the majority of the votes cast are in favor of the issuance of the bonds, the said board of commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act.
Said bonds shall be sold at not less than their par value. The said board shall provide for the payment of said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient in their judgment to pay the principal of and the interest on said bonds as the same become due. Said taxes shall be assessed and collected the same as other taxes paid to the county treasurer and by him placed in a fund appropriately designated and solely used for the redemption of the principal of and the interest on said bonds, and any prior redemption premium due in connection therewith. All facilities or improvements constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board or it may advertise for plans and specifications and bids for construction as they may see fit.
6. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation of or refunding of the same.
7. To divide the city into districts for the purpose of local taxation or to create districts for the purpose as occasion may require.
8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and to regulate the same by ordinance. All such licenses, fees, and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and the terms and manner of their issuance.
10. To fix, impose, and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions, and business, whatsoever, conducted in whole or in part within the city, including, but not limited to, all theaters, theatrical, or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged, circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements; provided, upon written application of any executive officer of any local post or unit of any national organization of ex-service men, acting in his official capacity, such license or licenses shall be issued without charge for not to exceed two weeks in any calendar year, where the local post or unit is to participate in such show or the proceeds thereof; hotels, auto camps, restaurants, chophouses, cafes, eating houses, lunch counters, lodginghouses, accommodating four or more lodgers, manufactures, laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city; auctioneers, stockbrokers, and stock exchanges; grocers, merchants of any, every, and all kinds, trades and traders of all kinds, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness markers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, or purchaser, or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.
κ1967 Statutes of Nevada, Page 1536 (CHAPTER 526, SB 102)κ
such license or licenses shall be issued without charge for not to exceed two weeks in any calendar year, where the local post or unit is to participate in such show or the proceeds thereof; hotels, auto camps, restaurants, chophouses, cafes, eating houses, lunch counters, lodginghouses, accommodating four or more lodgers, manufactures, laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city; auctioneers, stockbrokers, and stock exchanges; grocers, merchants of any, every, and all kinds, trades and traders of all kinds, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness markers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, or purchaser, or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.
Within said city to regulate, prescribe the location of, or prohibit, and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, and dance houses.
κ1967 Statutes of Nevada, Page 1537 (CHAPTER 526, SB 102)κ
suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, and dance houses.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state, street [fakers,] fakirs, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed or sales stables, cattle or horse corrals, foundries and machine shops, dog fights, prize fights, cockfights, bear, bull or badger baits, sparring and sparring contests.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress taverns, saloons, barrooms, and all establishments dealing in the sale of liquor whether for consumption on or off the premises.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress games, gaming houses, gambling, as allowed by law, in all its various forms.
11. To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose, and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, taxis, express wagons, drays, job wagons and other public vehicles, and to regulate their charges, and to require schedule of charges to be posted in or upon such public vehicles. To fix, impose, and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns and other businesses.
12. To lay out, establish, open, alter, widen, extend, narrow, vacate either on its own motion or as prescribed by the general law of the state, the streets, alleys, avenues, public ways, sidewalks, parks, and public grounds, or improve the same by macadamizing, remacadamizing, concreting, reconcreting, oiling, reoiling, curbing, recurbing, grading, regrading, graveling, regraveling, paving, repaving, draining, parking, reparking, cleaning, repairing, lighting, relighting, surfacing, resurfacing, or in any other way improve the same, and by ordinance, resolution, or order require and provide for such improvements. To install, reinstall, construct, reconstruct, acquire, repair sewers, storm sewers, drains, storm drains, disposal plants and waste mains therefrom, and otherwise improve the same; to require the occupant or owner of improved property to connect his premises to the municipal sewage disposal system if the same be immediately adjacent to such property on a public street or alley and to provide for the punishment of such owner or occupant for failure to make such connection; to fix, impose, and collect a charge and fee to be paid in advance by the occupant or owner of the premises served by or through said sewage disposal system, such charge and fee to become and be a lien on the lot and premises so served, and, in addition to all other remedies allowed by law for the collection of such charge and fee, the lien therefor may be enforced in the manner provided by law, and the sewer connection may be disconnected and service discontinued until the delinquent charge and fee together with the cost for disconnection and reconnection is paid, and a license for the conduct of any business in said premises may be refused unless said charge and fee is paid.
κ1967 Statutes of Nevada, Page 1538 (CHAPTER 526, SB 102)κ
the cost for disconnection and reconnection is paid, and a license for the conduct of any business in said premises may be refused unless said charge and fee is paid.
13. To plant or direct and regulate the planting of ornamental shade trees, in, along, and upon streets, avenues, sidewalks, parks, and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs, and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sale upon the streets, sidewalks, and in public places, including the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets and upon any other property acquired for the purpose of establishing off-street public parking facilities for vehicles. The parking fees to be charged for the use of the parking facilities regulated by such meters shall be fixed by ordinance. The commissioners shall have the power to acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The commission may issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper, and the commission may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
19. To regulate the use of sidewalks and all structures thereunder, thereupon or thereover, and to require the owner or occupant of any property to keep sidewalks in front or along the same, free from snow and other obstructions.
20. To regulate and prevent the throwing or disposing of ashes, offal, dirt, garbage or any offensive matter, in, and to prevent injury or obstruction to, any street, avenue, alley, park, or public grounds.
21. To provide for the collection, removal, hauling, conveying, transporting or disposal of garbage, rubbish, dirt, ashes, offal, refuse, dead animals, and any offensive matter from public or private property by contract or otherwise; to regulate the collection, removal, hauling, conveying, transporting, disposal, or burning of the same, and to prohibit such collection, removal, hauling, conveying, transporting, disposal, or burning by any person or persons other than the city or its duly authorized contractor and his or its agents, servants, and employees; to fix, impose, and collect a charge and fee to be paid by the occupants or owners of premises from which such collection, removal, hauling, conveying, transporting, and disposal is made. Provided, however, that the city shall not maintain any dump for the open-air disposal or burning of rubbish or refuse within three miles of the city limits.
22. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, signposts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisements.
κ1967 Statutes of Nevada, Page 1539 (CHAPTER 526, SB 102)κ
23. To regulate or prevent the flying of flags, banners, or signs across the street, or from buildings.
24. To regulate or prohibit the exhibition, distribution, or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
25. To regulate the speed of horses and other animals, bicycles, automobiles, and the other conveyances, and vehicles, and cars and locomotives within the city limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horse racing, immoderate driving or riding in the streets, alleys, avenues, and public places.
26. To compel persons to fasten animals attached to vehicles standing or remaining on the streets, alleys, avenues, and public places.
27. To regulate or prohibit any public demonstrations and processions.
28. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets, or on the sidewalks, or to frighten teams or horses.
29. To regulate the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements, or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
30. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
31. To permit, regulate, or prohibit the location, construction, or laying of the tracks of any railroad or tramway in any street, alleys, avenue, or public place, and to grant franchises to persons or corporations to lay, maintain, and operate in, upon, along, through, or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks and connecting and terminal tracks.
32. To require every railroad and street railway company to keep the streets in repair between the tracks and along and within two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.
33. To declare a nuisance and take up and remove, or to cause to be taken up and removed, the tracks of any railway which shall have been laid upon, in, along, through, or across any of the streets, alleys, avenues or public places of the city and which shall not have been operated with cars for public use for a period of one year after the laying thereof.
34. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and to keep the same in repair within the limits of the city.
35. To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley or avenue; to compel railroad companies to make and keep open and to keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage on adjacent property shall not be impaired.
κ1967 Statutes of Nevada, Page 1540 (CHAPTER 526, SB 102)κ
keep open and to keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage on adjacent property shall not be impaired.
36. To grant an exclusive franchise to any person, firm, association, or corporation to operate and maintain a bus line in the city of Las Vegas, such franchise to be granted only upon terms which shall be advantageous to the city of Las Vegas; and the board of commissioners shall have the right to fix and prescribe the fare to be charged by the person, firm, association, or corporation procuring such franchise, or operating and maintaining such bus line.
37. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
38. To regulate the opening and use thereof for the laying of conduits, gas, or water mains, or pipes, and the building and repairing of sewers, tunnels, and drains.
39. To contract with, authorize or grant to any person, company, or association a franchise to construct, maintain, and operate gas, electric, or other lighting works in the city, and to give such person, company, or association the privilege of furnishing light for the public buildings, streets, sidewalks, and alleys of said city.
40. To provide for the lighting of streets, laying down of gas pipes, and erecting of lampposts; to regulate the use of gas, natural gas, and electric and other lights and electric power, and to regulate the inspection thereof.
41. To construct and maintain waterworks, gasworks, electric light works, street railways, or bathhouses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
42. To construct or authorize the construction of waterworks without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes, and drains used in or necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, above the point from which it is taken, and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
43. To regulate and control the water and watercourses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city.
44. To construct, purchase or lease, and maintain canals, ditches, flumes, artesian wells and reservoirs; and to purchase or lease springs, streams, or sources of water supply for the purpose of providing water for irrigation, domestic, or other public purposes; and to prevent all waste of water flowing from artesian wells, and if necessary to secure said sources of water supply, to purchase or lease the land from or upon which said water has been appropriated or applied. Also, to purchase, acquire, or lease stock in ditch, canal, reservoir, or water companies for the purpose of providing water for such city and the inhabitants thereof.
κ1967 Statutes of Nevada, Page 1541 (CHAPTER 526, SB 102)κ
45. To fix the rate to be paid for the use of water furnished by the city.
46. To purchase, construct, lease, rent, manage, and maintain any system or part of a system of waterworks, hydrants, and supplies of water, telegraphic fire signals, or fire apparatus, and to pass all [ordinances,] ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
47. To regulate the construction, repair, and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters, and plumbing; to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade, and to prescribe what qualifications shall be had by persons following said trade.
48. To establish markets and market houses and to provide for the regulation and use thereof.
49. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and regulate the selling of the same.
50. To provide for and regulate the inspection of meats, fruits, poultry, fish, butter, cheese, lard, vegetables, flour, meal, milk and all other provisions.
51. To provide for the inspection, measurement or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
52. To provide for the inspection and [scaling] sealing of weights and measures.
53. To enforce the keeping and use of proper weights and measures by vendors. To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, ice and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and appoint the necessary officers therefor.
54. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
55. To provide for and regulate the location, management, and construction of packing houses, tanneries, canneries, renderies, bond factories, slaughterhouses, butcher shops, soap factories, foundries, breweries, livery stables and blacksmith shops in or within one mile of the limits of the corporation.
56. To prohibit any offensive or unwholesome business or establishments in or within one mile of the limits of the corporation; to compel the owner of any pigsty, privy, barn, corral, sewer, or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.
57. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious, malignant diseases into the city, and to make quarantine laws and regulations and to enforce the same within the corporate limits, and within twelve miles thereof.
κ1967 Statutes of Nevada, Page 1542 (CHAPTER 526, SB 102)κ
the city, and to make quarantine laws and regulations and to enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
58. To purchase, hold, and pay for lands within or without the city limits for the burial of the dead, and all necessary grounds for hospitals, and to erect, maintain, and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city; and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds; and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery ground, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
59. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.
60. To provide for the burial of the indigent dead and to pay the expenses thereof.
61. To authorize the taking and to provide for the safekeeping and education, for such periods of time as may be expedient, of all children who are destitute or without proper parental care.
62. To establish, maintain, and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
63. To define fire limits, and prescribe limits within which no buildings shall be constructed, except if it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
64. To prescribe the manner of constructing stone, brick and other buildings and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
65. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heater, ovens, furnaces, boilers and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition.
66. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
67. To regulate and prohibit the keeping of any lumberyard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
68. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof and other combustible or explosive material, and the use of lights in stables and other places, and the building of bonfires.
κ1967 Statutes of Nevada, Page 1543 (CHAPTER 526, SB 102)κ
products thereof and other combustible or explosive material, and the use of lights in stables and other places, and the building of bonfires.
69. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary [appropirations] appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
70. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers, or steam-generating apparatus, or elevators within the corporate limits of the city.
71. To prohibit cruelty to animals.
72. To prevent the running at large in the city of poultry, hogs, sheep, goats, swine, horses, cows, or other animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.
73. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior, and to punish the interference with any city officer in the discharge of his duty; also, to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
74. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
75. [To provide for the punishment of all vagrants, mendicants, and persons found in said city without visible means of support or some legitimate business.
76.] To prevent intoxication, fighting, quarreling, dogfights, cockfights, prizefights, bullfights, and also all disorderly conduct which tends to violate the peace and quietude of any individual or individuals within the city, and to provide against and to prevent the offenses of assault and battery and petit larceny; restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the street, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretenses does not exceed in value the sum of fifty dollars. The provisions of this subdivision are separate and distinct from the provisions of subdivision No. 73 of this section.
[77.] 76. To regulate and prohibit the carrying of concealed weapons.
κ1967 Statutes of Nevada, Page 1544 (CHAPTER 526, SB 102)κ
[78.] 77. To declare by ordinance that any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the city of Las Vegas whenever such offense is committed within the boundaries of said city.
[79.] 78. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
[80.] 79. To punish for keeping, maintaining, or becoming an inmate of, visiting or in any way contributing to the support of any place, house, or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
[81.] 80. To provide for and regulate the numbering of houses and lots.
[82.] 81. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, either as sole owner or as tenant in common, with the county of Clark, State of Nevada, both within and without the city boundaries, and as such sole owner or as such tenant in common to improve, operate, regulate, and protect such property, and to do all other things in relation thereto which natural persons might do; including the right to contract for the sale or purchase of real and personal property for a period of not to exceed ten (10) years; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose.
[83.] 82. To erect and maintain all needful buildings for the use of the city.
[84.] 83. Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto, including the right to condemn, appropriate and use real and personal property either alone or jointly with any other incorporated city, the county of Clark, or other municipal corporation beyond the corporate limits for water facilities, including pumping plants, water lines, water distribution system, sewer plants, sewer effluent, sewage disposal lines and appurtenances thereto.
[85.] 84. To authorize, by ordinance, officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may, by such ordinance, direct the traffic as public safety or public convenience may require.
[86.] 85. To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary in the judgment of the board of commissioners to enforce or maintain any right of the city and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of commissioners, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building or any sidewalk or other improvement which benefits the property of the owner thereof.
κ1967 Statutes of Nevada, Page 1545 (CHAPTER 526, SB 102)κ
grading, or otherwise improving any street or building or any sidewalk or other improvement which benefits the property of the owner thereof. All such suits, actions, and proceedings shall be instituted, commenced, prosecuted and defended, as the case may be, by the city attorney, without additional compensation.
[87.] 86. To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances in, along, over, under and across the streets, alleys, and public places; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.
[88.] 87. To provide punishment for and suppress the unlawful sale, storage or keeping, offering or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the said city or within one mile outside of the city limits.
[89.] 88. To require the construction and repair of sidewalks, curbs and gutters by the owners of abutting lots, and to construct and repair the same at city expense; provided, however, that if the expense thereof shall be paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected, and said lien shall be completed by the filing of a statement of the cost thereof with a description of the property in the office of the County Recorder of Clark County, Nevada.
[90.] 89. To adopt and enforce by ordinance all such regulations, in case no express provision is in this act made, as the board of commissioners may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose or intent thereof.
Sec. 11. Section 33 of chapter II of the charter of the City of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as last amended by chapter 440, Statutes of Nevada 1965, at page 1193, is hereby amended to read as follows:
Section 33. The said city council shall have the following powers:
1. To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said council may deem proper; provided, that the punishment of any offense shall be by fine not to exceed five hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
2. To control the finances and property of the corporation.
κ1967 Statutes of Nevada, Page 1546 (CHAPTER 526, SB 102)κ
3. To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the counsel shall determine; and the said council may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds to an amount in excess of 40 percent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or within its limits as shown by the last preceding tax list or assessment roll, not warrants, certificates, scrip, or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 10 percent of the assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light and heat. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The city council shall have the power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in said manner. The city council shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the council and mayor, or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest, and time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for four consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said council will pass an ordinance providing for said bond issue. At the first regular meeting of the council, or any adjournment thereof, after the completion of said publication, the council shall proceed to enact an ordinance for such purpose, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said council signed by not less than 10 percent of the qualified electors of the said city as shown by the last preceding registration list and representing not less than 5 percent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 10 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed; then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast as per paragraph 6, section C. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said council pursuant to a majority vote in favor of said ordinance.
κ1967 Statutes of Nevada, Page 1547 (CHAPTER 526, SB 102)κ
valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said council pursuant to a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said council at any time prior to the date of meeting set in said published notice.
6. Water, sewer, and electric light and power revenue bond law of North Las Vegas.
Section A. That wherever used in this chapter, unless a different meaning clearly appears from the context, the term undertaking shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses; (2) used or useful in connection with the collection, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations, and equipment; and (3) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, right in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.
Section B. In addition to the powers which it may now have, said city shall have power under this chapter:
1. To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking, wholly within or wholly without the city, or partially within and partially without the city, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;
2. To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the city;
3. To prescribe, revise and collect rates, fees, tolls, or charges for the services, facilities or commodities furnished by such undertaking, and in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking;
4. To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extension theretofore and thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertakings so improved, bettered, or extended) or of any part of such undertaking;
κ1967 Statutes of Nevada, Page 1548 (CHAPTER 526, SB 102)κ
5. When determined by its city council to be in the public interest and necessary for the protection of the public health, to enter into and perform contracts, whether long term or short term, with any industrial or mining establishment for the provision and operation by the city of sewage facilities to abate or reduce the pollution of water caused by discharges of industrial or mining waste by the industrial or mining establishment and the payment periodically by the industrial or mining establishment to the city of amounts at least sufficient, in the determination of such city council, to compensate the city for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewerage facilities serving such industrial or mining establishment.
6. And notwithstanding any provision of this chapter to the contrary or in conflict herewith, to accept contributions or loans from the United States of America, or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and
7. To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the city is created thereby; and provided, no property of the city is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the city is thereby incurred in any manner for any purpose.
Section C. The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking and the issuance in anticipation of the collection of the revenues of such undertaking of bonds to provide funds to pay the cost thereof may be authorized under this chapter by ordinance or resolution of the city council, which may be adopted at a regular meeting by a vote of a majority of the members elected to the city council; provided, however, that before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.010 to 350.200, inclusive. It shall not be necessary, any provisions in this charter and the laws of the State of Nevada to the contrary notwithstanding, to submit at an election, in addition to the question of issuing bonds for any of the aforesaid purposes, a question for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking. The city council, in determining such costs, may include all cost and estimated cost of the issuance of such bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period, and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this chapter.
κ1967 Statutes of Nevada, Page 1549 (CHAPTER 526, SB 102)κ
Section D. Revenue bonds issued under this chapter shall bear interest at such rate or rates not exceeding 6 percent per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond thirty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide. Said bonds shall be issued to the contractor in payment for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking, including all incidental expenses, or said bonds shall be sold. Said bonds may be sold at private sale to the United States of America or any agency, instrumentality, or corporation thereof. Unless issued to a contractor or sold to the United States of America or any agency, instrumentality, or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in a newspaper circulating in the city. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the city council may determine may be issued to the contractor or the purchaser or purchasers of bonds sold pursuant to this chapter. Said bonds and interim receipts or certificates shall be fully negotiable for all the purposes.
The city council may also provide in the ordinance or resolution authorizing the issuance of bonds under this chapter that the bonds, or such ones thereof as may be specified, shall, to the extent and in the manner prescribed, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.
Section E. Said bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be officers of the city issuing the same. The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking for which said bonds are issued. The ordinance or resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Section F. Any ordinance or resolution authorizing the issuance of bonds under this chapter, to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of an undertaking, may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this chapter) as to:
(a) The rates, fees, tolls, or charges to be charged for the services, facilities and commodities of said undertaking;
κ1967 Statutes of Nevada, Page 1550 (CHAPTER 526, SB 102)κ
(b) The use and disposition of the revenue of said undertaking;
(c) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof;
(d) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition of such proceeds;
(e) Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on said bonds or on the coupons thereof;
(f) A fair and reasonable payment of the city to the account of said undertaking for the services, facilities or commodities furnished said city or any of its departments by said undertaking;
(g) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such undertaking;
(h) The insurance to be carried thereon and the use and disposition of insurance moneys;
(i) Books of account and the inspection and audit thereof;
(j) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;
(k) The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations;
(l) The vesting in a trustee or trustees the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby;
(m) A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;
(n) The manner of collecting the rates, fees, tolls, or charges for the services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities of the undertaking, as well as any other services, facilities or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking are not paid. Nothing in this section or in any other section of this chapter shall be deemed in any way to authorize any city to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation, or restriction of the constitution relating to the creating or incurring of a debt or indebtedness or the issuance of an instrument constituting a bond or a debt.
κ1967 Statutes of Nevada, Page 1551 (CHAPTER 526, SB 102)κ
Section G. Revenue bonds issued under this chapter shall not be payable from or charged upon any funds, other than the revenue pledged to the payment thereof, nor shall the city issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the city, nor shall any such bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the city. Each bond issued under this chapter shall recite in substance that said bond, including the interest thereon, is payable solely from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the city within the meaning of any constitutional, statutory, or charter limitation.
Section H. In the event that the city shall default in the payment of the principal or interest of any of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the city or the city council or officers, agents or employees thereof shall fail or refuse to comply with the provisions of this chapter or shall default in any agreement made with the holders of the bonds, any holders of bonds, or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.
Upon such application such state court may appoint, and if the application is made by the holders of twenty-five per centum (25%) in principal amount of such bonds then outstanding, or any trustee for holders of such bonds in such principal amount, shall appoint a receiver of the undertaking. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the undertaking and each and every part thereof, and may exclude the city, its city council, officers, agents, and employees and all persons claiming under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the city or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the city with respect to the undertaking as the city itself might do. Such receiver shall maintain, restore, insure, and keep insured, the undertaking, and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient, and shall establish, levy, maintain and collect such fees, tolls, rentals, and other charges in connection with the undertaking as such receiver may deem necessary or proper and reasonable, and shall collect and receive all revenues and shall deposit the same in a separate account, and apply such revenues so collected and received in such manner as the court shall direct.
Whenever all that is due upon the bonds, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with bond holders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the city, the same right of their holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided.
κ1967 Statutes of Nevada, Page 1552 (CHAPTER 526, SB 102)κ
and under any of the terms of any covenants or agreements with bond holders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the city, the same right of their holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Such receiver shall, in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.
Section I. Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power for the equal benefit and protection of all holders of bonds similarly situated:
(a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the city and its city council, and any of its officers, agents, or employees, and to require and compel such city or such city council, or any such officers, agents, and employees to perform and carry out its and their duties and obligations under this chapter, and its and their covenants and agreements with bondholders;
(b) By action or suit in equity to require the city and city council thereof to account as if they were the trustee of an express trust;
(c) By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders;
(d) Bring suit upon the bonds.
No right or remedy conferred by this chapter upon any holder of bonds, or any trustee therefor, is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.
Section J. The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter shall not affect the powers conferred by any other general or special law or charter provision. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended notwithstanding that any special or general law or charter provision may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking and without regard to the requirement, restrictions, debt, or other limitations or other provisions contained in any other general or special law or charter provision, including, but not limited to, any restriction or limitation on the incurring of indebtedness of the issuance of bonds. Insofar as the provisions of this chapter are inconsistent with the provisions of any other general or special law or charter provision, the provisions of this chapter shall be controlling, except as otherwise herein provided.
κ1967 Statutes of Nevada, Page 1553 (CHAPTER 526, SB 102)κ
of any other general or special law or charter provision, the provisions of this chapter shall be controlling, except as otherwise herein provided.
7. To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.
8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and terms and manner of their issuance.
10. To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or in part within the city, including all theatres, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, barrooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells, or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress tippling houses, dram shops, saloons, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products, of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, barrooms, tippling houses, dram shops, any and all places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.
To prohibit and suppress all dogfights, prize fights, cockfights, bear, bull or badger baits, sparring and sparring contests. To regulate, prohibit the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions such as music or otherwise.
To fix, impose and collect a license tax on street cars, telephones, gas meters, electric meters, water meters, or any other similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.
κ1967 Statutes of Nevada, Page 1554 (CHAPTER 526, SB 102)κ
To fix, impose and collect a license tax on and regulate all lawful professions, trades and callings, and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls or other mechanical devices, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, [spirituous] spirituous or vinous liquors, or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any kind and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, drygoods stores of every, any and all kinds, boot and shoe stores, furniture stores, drugstores, undertakers, glass and crockery stores, tamale stands or shops, abstract or title companies or persons furnishing abstract of title, iron works, notion and notion shops, pipe and tobacco shops, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession; and provided further, that said council may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
11. To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles, and all automobiles, taxicabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles.
κ1967 Statutes of Nevada, Page 1555 (CHAPTER 526, SB 102)κ
schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses.
12. To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
13. To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.
19. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk in front or along the same free from snow or obstructions.
20. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.
21. To regulate and prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, sign posts, awnings, poles for support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.
22. To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.
23. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
24. To regulate the operation of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding within the limits of the corporation.
25. To regulate or prohibit any public demonstrations and processions.
26. To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues, and public places.
27. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams of horses.
28. To regulate the ringing of bells, blowing of horns, bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the street or sidewalks.
κ1967 Statutes of Nevada, Page 1556 (CHAPTER 526, SB 102)κ
orations, harangues, loud outcries, performances and devices tending to the collection of persons on the street or sidewalks.
29. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
30. To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through, or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, streetcar tracks and connecting and terminal tracks.
31. To declare a nuisance, to take up and remove, or cause to be taken up and removed, the tracks of any railway, which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.
32. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossing of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.
33. To require railroad companies to provide protection against injury to persons or property, to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such track may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.
34. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
35. To regulate the use of public streets, alleys, avenues, rights-of-way, easements and public places for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
36. To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or associations, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of the said city.
37. To provide for the lighting of the streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of gas, natural gas and electric and other lights and electric power.
38. To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
39. To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
κ1967 Statutes of Nevada, Page 1557 (CHAPTER 526, SB 102)κ
pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
40. To regulate and control the water and watercourses, ditches, flumes, within or leading to the city, and to regulate and control mill privileges within the city.
41. To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or public purposes; and to prevent all waste of water, and, if necessary, to secure said sources of water supply to purchase or lease the land from or upon which said water has been appropriated or applied. Also to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
42. To fix the rate to be paid for the use of water furnished by the city, such rate to be fixed in accordance with the provisions of this act.
43. To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
44. To regulate the construction, repair and use of vats, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade; and to prescribe what qualifications shall be had by persons following said trade.
45. To establish markets and market-houses, and to provide for the regulation and use thereof.
46. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
47. To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.
48. To provide for the inspection, measurement, or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
49. To provide for the inspection and sealing of weights and measures.
50. To enforce the keeping and use of proper weights and measures by vendors.
51. To provide for and regulate the inspection of malt, vinous, fermented, and spirituous liquors.
κ1967 Statutes of Nevada, Page 1558 (CHAPTER 526, SB 102)κ
52. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
53. To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, hide or junk warehouses, soap factories, foundries, breweries, distilleries, livery stables and blacksmith shops in, or within one mile of the limits of, the corporation.
54. To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pigsty, barn, corral, sewer or other unwholesome house or place, to cleanse, abate, or remove the same, and to regulate the location thereof.
55. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporation limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
56. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
57. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons, and others for default therein.
58. To provide for the burial of the indigent dead and to pay the expenses thereof.
59. To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
60. To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
61. To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
62. To prescribe the manner of constructing stone, brick, and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
κ1967 Statutes of Nevada, Page 1559 (CHAPTER 526, SB 102)κ
used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
63. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
63 1/2. To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connected therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zone, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction and which application shall be subject to approval or rejection or limited or provisional approval in the discretion of said city council if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsection 61, 62 and 63 of said section 33 of chapter 2 of said act; provided, however that said building code may be adopted by resolution of said city council and thereafter amended, changed, enlarged, or extended by resolution of said council, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for such purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said council shall cause a brief notice of such adoption to be published at least twice in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said council requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described by reference thereto and without publication thereof.
64. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
65. To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
66. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.
κ1967 Statutes of Nevada, Page 1560 (CHAPTER 526, SB 102)κ
coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables, and other places, and the building of bonfires.
67. Except as otherwise provided by law to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the council may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
68. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.
69. To prohibit cruelty to animals.
70. To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound keeper, and prescribe his duties, and to restrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals after the payment of all costs, shall go to the city treasury to be disposed of according to law.
71. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the council may deem proper.
72. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
73. [To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in said city without visible means of support or some legitimate business.
74.] To prevent intoxication, fighting, quarreling, dogfights, cockfights, prize fights, bullfights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled is obtained by false pretense does not exceed in value the sum of one hundred dollars.
[75.] 74. To regulate and prohibit the carrying of concealed weapons.