Nevada Fencing Licensing Law

Nevada Code · 72 sections

The following is the full text of Nevada’s fencing licensing law statutes as published in the Nevada Code. For the official version, see the Nevada Legislature.

NRS 108.22128

NRS

108.22128

Improvement defined.

Improvement means the development, enhancement or addition to property, by the provision of work, materials or equipment. The term includes, without limitation:

A building, railway, tramway, toll road, canal, water ditch, flume, aqueduct, reservoir, bridge, fence, street, sidewalk, fixtures or other structure or superstructure;
A mine or a shaft, tunnel, adit or other excavation, designed or used to prospect, drain or work a mine;
A system for irrigation, plants, sod or other landscaping;
The demolition or removal of existing improvements, trees or other vegetation;
The drilling of test holes;
Grading, grubbing, filling or excavating;
Constructing or installing sewers or other public utilities; and
Constructing a vault, cellar or room under sidewalks or making improvements to the sidewalks in front of or adjoining the property.

(Added to NRS by 2003, 2588 )

NRS 11.120

NRS

11.120

What constitutes adverse possession under written instrument or judgment.

For the purpose of constituting adverse possession by any person claiming a title, founded upon a written instrument or judgment or decree, land shall be deemed to have been possessed and occupied in the following cases:

Where it has been usually cultivated or improved.
Where it has been protected by a substantial enclosure.
Where, though not enclosed, it has been used for the supply of fuel, or of fencing timber, for the purpose of husbandry; or for the use of pasturage, or for ordinary uses of the occupant.
Where a known farm or single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

[1911 CPA § 15; RL § 4957; NCL § 8514]

NRS 113.065

NRS

113.065

Required disclosures upon sale of home or improved lot adjacent to open range; disclosures constitute affirmative defense in action resulting from presence of certain rights-of-way or of livestock entering property.

Before the purchaser of a home or an improved or unimproved lot that is adjacent to open range signs a sales agreement, the seller shall, by separate written document, disclose to the purchaser:

(a) Information regarding grazing on the open range. The written document must contain a statement with the following language:

This property is adjacent to open range on which livestock are permitted to graze or roam. Unless you construct a fence that will prevent livestock from entering this property, livestock may enter the property and you will not be entitled to collect damages because the livestock entered the property. Regardless of whether you construct a fence, it is unlawful to kill, maim or injure livestock that have entered this property.

(b) That the parcel may be subject to claims made by a county or this State of rights-of-way granted by Congress over public lands of the United States not reserved for public uses in chapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. § 932, commonly referred to as R.S. 2477), and accepted by general public use and enjoyment before, on or after July 1, 1979, or other rights-of-way. Such rights-of-way may be:

(1) Unrecorded, undocumented or unsurveyed; and

(2) Used by persons, including, without limitation, miners, ranchers or hunters, for access or recreational use, in a manner which interferes with the use and enjoyment of the parcel.

The seller shall:

(a) Retain a copy of the disclosure document that has been signed by the purchaser acknowledging the date of receipt by the purchaser of the original document;

(b) Provide a copy of the signed disclosure document to the purchaser; and

(c) Record, in the office of the county recorder in the county where the property is located, the original disclosure document that has been signed by the purchaser.

Compliance with this section by a seller constitutes an affirmative defense in any action brought against the seller by the purchaser based upon any damages allegedly suffered as the result of the presence of the rights-of-way described in subsection 1 or of livestock entering the property.
As used in this section, open range has the meaning ascribed to it in NRS 568.355 .

(Added to NRS by 2001, 17 ; A 2009, 670 )

NRS 116.1209

NRS

116.1209

Other exempt real estate arrangements; other exempt covenants.

An agreement between the associations for two or more common-interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate or other activities specified in the agreement or declarations does not create a separate common-interest community. If the declarants of the common-interest communities are affiliates, the agreement may not unreasonably allocate the costs among those common-interest communities.
An agreement between an association and the owner of real estate that is not part of a common-interest community to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in the agreement, does not create a separate common-interest community. However, the assessments against the units in the common-interest community required by the agreement must be included in the periodic budget for the common-interest community, and the agreement must be disclosed in all public offering statements and resale certificates required by this chapter.
An agreement between the owners of separately owned parcels of real estate to share costs or other obligations associated with a party wall, road, driveway or well or other similar use does not create a common-interest community unless the owners otherwise agree.
As used in this section, party wall means any wall or fence constructed along the common boundary line between parcels. The term does not include any shared building structure systems, including, without limitation, foundations, walls and roof structures.

(Added to NRS by 2009, 1608 )

ARTICLE 2

CREATION, ALTERATION AND TERMINATION OF COMMON-INTEREST COMMUNITIES

NRS 116.31073

NRS

116.31073

Maintenance, repair, restoration and replacement of security walls.

Except as otherwise provided in subsection 2 and NRS 116.31135 , the association is responsible for the maintenance, repair, restoration and replacement of any security wall which is located within the common-interest community.
The provisions of this section do not apply if the governing documents provide that a units owner or an entity other than the association is responsible for the maintenance, repair, restoration and replacement of the security wall.
For the purpose of carrying out the maintenance, repair, restoration and replacement of a security wall pursuant to this section:

(a) The association, the members of its executive board and its officers, employees, agents and community manager may enter the grounds of a unit after providing written notice and, notwithstanding any other provision of law, are not liable for trespass.

(b) Any such maintenance, repair, restoration and replacement of a security wall must be performed:

(1) During normal business hours;

(2) Within a reasonable length of time; and

(3) In a manner that does not adversely affect access to a unit or the legal rights of a units owner to enjoy the use of his or her unit.

(c) Notwithstanding any other provision of law, the executive board is prohibited from imposing an assessment without obtaining prior approval of the units owners unless the total amount of the assessment is less than 5 percent of the annual budget of the association.

As used in this section, security wall means any wall composed of stone, brick, concrete, concrete blocks, masonry or similar building material, including, without limitation, ornamental iron or other fencing material, together with footings, pilasters, outriggers, grillwork, gates and other appurtenances, constructed around the perimeter of a residential subdivision with respect to which a final map has been recorded pursuant to NRS 278.360 to 278.460 , inclusive, to protect the several tracts in the subdivision and their occupants from vandalism.

(Added to NRS by 2009, 2862 )

Meetings and Voting

NRS 163.295

NRS

163.295

Continuation of farming operation.

A fiduciary may continue any farming operation received by the fiduciary pursuant to the will, trust or other instrument and do any and all things deemed advisable by the fiduciary in the management and maintenance of such farm and the production and marketing of crops and dairy, poultry, livestock, orchard and the forest products, including, but not limited to, the following powers:

To operate the farm with hired labor, tenants or sharecroppers;
To lease or rent the farm for cash or for a share of the crops;
To purchase or otherwise acquire farm machinery and equipment and livestock;
To construct, repair and improve farm buildings of all kinds needed, in the fiduciarys judgment, for the operation of the farm;
To make or obtain loans or advances at the prevailing rate or rates of interest for farm purposes such as for production, harvesting or marketing, or for the construction, repair or improvement of farm buildings, or for the purchase of farm machinery, equipment or livestock;
To employ approved soil conservation practices in order to conserve, improve and maintain the fertility and productivity of the soil;
To protect, manage and improve the timber and forest on the farm and sell the timber and forest products when it is to the best interest of the estate;
To ditch, dam and drain damp or wet fields and areas of the farm when and where needed;
To engage in the production of livestock, poultry or dairy products, and to construct such fences and buildings and plant such pastures and crops as may be necessary to carry on such operations;
To market the products of the farm; and
In general, to employ good husbandry in the farming operation.

(Added to NRS by 1969, 450 ; A 1999, 2372 )

NRS 202.450

NRS

202.450

Definition.

A public nuisance is a crime against the order and economy of the State.
Every place:

(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;

(b) Wherein any fighting between animals or birds is conducted;

(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution;

(e) Wherein a controlled substance, immediate precursor or controlled substance analog is unlawfully sold, served, stored, kept, manufactured, used or given away; or

(f) That is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang,

Ê is a public nuisance.

Every act unlawfully done and every omission to perform a duty, which act or omission:

(a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;

(b) Offends public decency;

(c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or

(d) In any way renders a considerable number of persons insecure in life or the use of property,

Ê is a public nuisance.

A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog is a public nuisance if the building or place has not been deemed safe for habitation by the board of health and:

(a) The owner of the building or place allows the building or place to be used for any purpose before all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have been removed from or remediated on the building or place by an entity certified or licensed to do so; or

(b) The owner of the building or place fails to have all materials or substances involving the controlled substance, immediate precursor or controlled substance analog removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.

Except as otherwise provided in subsections 6 and 7, it is a public nuisance for any person:

(a) By force, threat or intimidation, or by fencing or otherwise enclosing, or by any other unlawful means, to prevent or obstruct the free passage or transit over or through any:

(1) Highway designated as a United States highway;

(2) Highway designated as a state highway pursuant to NRS 408.285 ;

(3) Main, general or minor county road designated pursuant to NRS 403.170 ;

(4) Public road, as defined in subsection 2 of NRS 405.191 ;

(5) State land or other public land; or

(6) Land dedicated to public use; or

(b) To knowingly misrepresent the status of or assert any right to the exclusive use and occupancy of such a highway, road, state land or other public land or land dedicated to public use,

Ê if the person has no leasehold interest, claim or color of title, made or asserted in good faith, in or to the highway, road, state land or other public land or land dedicated to public use.

An unlocked gate which is erected and maintained across:

(a) A road described in subparagraph (3) or (4) of paragraph (a) of subsection 5 located in a county whose population is less than 100,000, does not, in and of itself, constitute a public nuisance if the gate is erected and maintained in accordance with the rules and regulations of the board of county highway commissioners made pursuant to NRS 403.095 .

(b) A road described in subparagraph (4) of paragraph (a) of subsection 5 located in a county whose population is 100,000 or more, does not, in and of itself, constitute a public nuisance if the gate is erected and maintained pursuant to an ordinance adopted or an agreement entered into by the board of county commissioners pursuant to NRS 405.280 .

It is not a public nuisance for a person to fence or otherwise enclose any public land if such fencing or enclosure is authorized or required by a federal agency having jurisdiction over the public land.
Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

(a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or

(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.

Ê A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

A request for emergency assistance by a tenant as described in NRS 118A.515

and 118B.152 is not a public nuisance.

As used in this section:

(a) Board of health has the meaning ascribed to it in NRS 439.4797 .

(b) Controlled substance analog has the meaning ascribed to it in NRS 453.043 .

(d) Immediate precursor has the meaning ascribed to it in NRS 453.086 .

(e) Shooting range has the meaning ascribed to it in NRS 40.140 .

(f) State land has the meaning ascribed to it in NRS 383.425 .

[1911 C&P § 296; A 1941, 64 ; 1949, 143 ; 1943 NCL § 10244]—(NRS A 1973, 463 ; 1977, 1039 ; 1985, 874 ; 1997, 951 , 1472 ,

1473 ,

3129 ;

1999, 641 ; 2007, 3129 ; 2009, 827 , 1311 ;

2017, 285 ; 2019, 2578 ; 2021, 1490 )

NRS 206.200

NRS

206.200

Posting of bills, signs or posters unlawful.

Any person who shall willfully, unlawfully or maliciously:

Without the consent of the owner, agent or occupant of the premises or property herein mentioned, deface, disfigure or cover up any fruit tree or ornamental tree, fence, wall, house, shop or building, the property of another, by pasting upon, or in any way fastening thereto, any printed bill, signboard, show poster or other device whatsoever;
Without a written permit from the board of county commissioners in the county wherein such written permit may be issued, deface, disfigure or cover up by pasting upon, or in any way fastening thereto, any printed bill, signboard, show poster or other device whatsoever upon any public building, monument, gravestone, ornamental tree or other object or property under the supervision and control of the board of county commissioners of the respective counties in this state, or under the supervision and control of any municipal government, or of any association or society whatsoever; or
Place upon or affix to any real property, or any rock, tree, wall, fence or other structure thereupon, without the consent of the owner thereof, any word, character or device designed to advertise any article, business, profession, exhibition, matter or event,

Ê shall be guilty of a misdemeanor.

[Part 1911 C&P § 489; RL § 6754; NCL § 10436]—(NRS A 1967, 514 )

NRS 207.200

NRS

207.200

Unlawful trespass upon land; warning against trespassing.

Unless a greater penalty is provided pursuant to NRS 200.603 , any person who, under circumstances not amounting to a burglary:

(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or

(b) Willfully goes or remains upon any land or in any building after having been warned during the previous 24 months by the owner or occupant thereof not to trespass,

Ê is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.

A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:

(a) Painting with fluorescent orange paint:

(1) Not less than 50 square inches of a structure or natural object or the top 12 inches of a post, whether made of wood, metal or other material, at:

(I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet; and

(II) Each corner of the land, upon or near the boundary; and

(2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;

(b) Fencing the area;

(1) Intervals of such a distance as is necessary to ensure that at least one such sign would be within the direct line of sight of a person standing next to another such sign, but at intervals of not more than 500 feet; and

(2) Each corner of the land, upon or near the boundary;

(d) Using the area as cultivated land; or

(e) By the owner or occupant of the land or building making an oral or written demand to any guest to vacate the land or building.

It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.
An entryman on land under the laws of the United States is an owner within the meaning of this section.
As used in this section:

(a) Cultivated land means land that has been cleared of its natural vegetation and is presently planted with a crop.

(b) Fence means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence. The term does not include a barrier made of barbed wire.

(c) Guest means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight. The term does not include a tenant as defined in NRS 118A.170 .

[1911 C&P § 500; RL § 6765; NCL § 10447]—(NRS A 1969, 96 ; 1975, 1169 ; 1987, 2086 ; 1989, 997 ; 2005, 930 ; 2007, 981 ; 2009, 141 ; 2019, 2476 ; 2023, 2007 )

NRS 207.220

NRS

207.220

Penalty for not closing gates.

Any person or persons opening and passing through gates or bars when gates or bars are placed in fences enclosing fields, or in fences partly enclosing lands, and not shutting and fastening the same, shall be deemed guilty of a misdemeanor.
The provisions of this section shall not apply to gates in towns and cities nor gates necessary in the approach to any building or works where the passing through or into fields or lands is not contemplated.

[1911 C&P § 504; RL § 6769; NCL § 10451]

NRS 21.240

NRS

21.240

Court may restrain waste until expiration of period for redemption; what is not considered waste.

Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, or may appoint a receiver to take charge of the property, or the proceeds thereof, by order granted with or without notice, on the application of the purchaser or the judgment creditor. But it shall not be deemed waste for the person in possession of the property at the time of sale, or entitled to possession afterwards, during the period allowed for redemption, to continue to use it in the same manner in which it was previously used; or to use it in the ordinary course of husbandry; or to make necessary repairs of buildings thereon; or to use wood or timber on the property therefor, or for the repair of fences, or for fuel for the persons family while the person occupies the property.

[1911 CPA § 362; RL § 5304; NCL § 8860]

NRS 244.355

NRS

244.355

Animals running at large on highways may be prohibited by ordinance.

The boards of county commissioners of the respective counties are authorized, upon petition of 20 percent of the taxpayers residing in any district herein defined, to pass ordinances prohibiting horses, cattle, swine, goats or sheep from running at large upon any portion of the roads and highways within the district which are fenced on both sides.
The petition may be presented at any regular or special meeting of any board of county commissioners, and shall define the boundaries of the district sought to be established, and shall pray that such district may be established and that an ordinance may be passed by the board of county commissioners prohibiting any of the livestock mentioned in subsection 1 from running at large therein.
The boards of county commissioners are authorized and empowered to provide in such ordinance for the impounding and sale of any such livestock running at large within such district, and making a violation of any of the provisions of the ordinance a misdemeanor and punishable as such.

[1:165:1919; 1919 RL p. 2843; NCL § 4031] + [2:165:1919; 1919 RL p. 2843; NCL § 4032] + [3:165:1919; 1919 RL p. 2844; NCL § 4033]

NRS 244.3605

NRS

244.3605

Abatement of dangerous structures or conditions, rubbish, abandoned or junk vehicles, noxious plant growth and other public nuisances: Adoption and contents of ordinance; civil penalties; special assessment against property to recover costs of abatement.

Notwithstanding the provisions of NRS 244.360 and 244.3601 , the board of county commissioners of a county may, to abate public nuisances, adopt by ordinance procedures pursuant to which the board or its designee may order an owner of property within the county to:

(a) Repair, safeguard or eliminate a dangerous structure or condition;

(b) Clear debris, rubbish, refuse, litter, garbage, abandoned or junk vehicles or junk appliances which are not subject to the provisions of chapter 459 of NRS;

(d) Repair, clear, correct, rectify, safeguard or eliminate any other public nuisance as defined in the ordinance adopted pursuant to this section,

Ê to protect the public health, safety and welfare of the residents of the county.

An ordinance adopted pursuant to subsection 1 must:

(a) Contain procedures pursuant to which the owner of the property is:

(1) Sent notice, by certified mail, return receipt requested, of the existence on the owners property of a public nuisance set forth in subsection 1 and the date by which the owner must abate the public nuisance.

(2) If the public nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the public nuisance.

(3) Afforded an opportunity for a hearing before the designee of the board relating to the order of abatement and an appeal of that decision either to the board or to a court of competent jurisdiction, as determined by the ordinance adopted pursuant to subsection 1.

(4) Afforded an opportunity for a hearing before the designee of the board relating to the imposition of civil penalties and an appeal of that decision either to the board or to a court of competent jurisdiction, as determined by the ordinance adopted pursuant to subsection 1.

(b) Provide that the date specified in the notice by which the owner must abate the public nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

(c) Provide the manner in which the county will recover money expended to abate the public nuisance on the property if the owner fails to abate the public nuisance.

(d) Provide for civil penalties for each day that the owner did not abate the public nuisance after the date specified in the notice by which the owner was required to abate the public nuisance.

In any county whose population is 700,000 or more, an ordinance adopted pursuant to subsection 1 may authorize the county to request the operator of a tow car to abate a public nuisance by towing abandoned or junk vehicles which are not concealed from ordinary public view by means of inside storage, suitable fencing, opaque covering, trees, shrubbery or other means if the conditions of subsection 4 are satisfied. The operator of a tow car requested to tow a vehicle pursuant to this section must comply with the provisions of NRS 706.444

to 706.453 , inclusive.

The county may abate the public nuisance on the property and may recover the amount expended by the county for labor and materials used to abate the public nuisance or request abatement by the operator of a tow car pursuant to subsection 3 if:

(a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the public nuisance on the owners property within the period specified in the notice;

(b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the public nuisance within the period specified in the order; or

(c) The board or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the public nuisance within the period specified in the order.

In addition to any other reasonable means for recovering money expended by the county to abate the public nuisance and, except as otherwise provided in subsection 6, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the board or its designee may make the expense and civil penalties a special assessment against the property upon which the public nuisance is located, and this special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360 .
Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 5 by the board or its designee unless:

(a) At least 12 months have elapsed after the date specified in the notice by which the owner must abate the public nuisance or the date specified in the order of the board or court by which the owner must abate the public nuisance, whichever is later;

(b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

If a designee of the board imposes a special assessment pursuant to subsection 5, the designee shall submit a written report to the board at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:

(a) The street address or assessors parcel number of the property;

(b) The name of each owner of record of the property as of the date of the assessment; and

(c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.

As used in this section, dangerous structure or condition means a structure or condition that is a public nuisance which may cause injury to or endanger the health, life, property or safety of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

(a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 244.3675

with respect to minimum levels of health or safety; or

(b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the board of county commissioners of a county, the violation of which is designated by the board as a public nuisance in the ordinance, rule or regulation.

(Added to NRS by 1989, 484 ; A 1997, 676 , 1467 ;

2001, 1732 , 3102 ;

2003, 219 ; 2009, 406 ; 2011, 3125 ; 2013, 361 , 1876 ;

2015, 1474 )

NRS 244.3677

NRS

244.3677

Ordinance regulating battery charged fences: Requirements; prohibitions.

Except as otherwise provided in subsection 3, a board of county commissioners shall enact ordinances regulating battery-charged fences.
An ordinance enacted pursuant to this section must, without limitation, require that a battery-charged fence:

(a) Be located on property that:

(1) Is not designated for residential use; or

(2) Is designated for residential use and

the property:

(I) Is located in a rural zoning area; or

(II) Is governed by the provisions of NRS 278.780 to 278.828 , inclusive;

(b) Use a battery that is not more than 12 volts of direct current;

(d) Be surrounded by a nonelectric perimeter fence or wall that is at least 5 feet in height;

(e) Not be higher than 10 feet in height or 2 feet higher than the height of the nonelectric perimeter fence or wall described in paragraph (d), whichever is greater; and

(f) Be marked with conspicuous warning signs that are located on the battery-charged fence at intervals of not more than 40 feet and that read: WARNING: ELECTRIC FENCE.

A board of county commissioners, in enacting an ordinance pursuant to this section, may not enact an ordinance that:

(a) Requires a permit for the installation or use of a battery-charged fence that is in addition to any permit that is required to install an alarm system;

(b) Imposes any installation or operational requirement for a battery-charged fence that is inconsistent with the most current standards set forth by the International Electrotechnical Commission; or

As used in this section:

(a) Alarm system means a device or system that transmits an audible, visual or electronic signal intended to summon or alert law enforcement. The term does not include a system which does not transmit a signal from outside of a building or residence and is intended to alert only occupants of a building or residence.

(b) Battery-charged fence means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by a battery.

(Added to NRS by 2023, 1298 )

NRS 266.295

NRS

266.295

Railroads and railways.

The city council may:

License, regulate or prohibit the location, construction or laying of tracks of any railroad in any public right-of-way.
Grant franchises to any person or corporation to operate a railroad upon public rights-of-way and adjacent property.
Declare a nuisance and take up and remove, or cause to be taken up and removed, the tracks of any railway which have been laid upon, in, along, through or across any of the streets, alleys, avenues or public places of the city and which have not been operated with cars for public use for 1 year after the laying thereof.
Subject to the provisions of NRS 704.300 , condemn rights-of-way for any public purpose across any railroad right-of-way.
Prescribe the length of time any public right-of-way may be obstructed by trains standing thereon.
Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.
Require railroad companies to provide protection against injury to persons or property.
Compel railroad companies to raise or lower their tracks to conform to any grade established by the city, so that tracks may be crossed at any place on any street, alley or avenue.
Compel railroad companies to provide that drainage from property adjacent to their tracks not be impaired.

[Part 28:125:1907; RL § 794; NCL § 1128]—(NRS A 1971, 302 ; 1985, 1241 )

NRS 268.4122

NRS

268.4122

Abatement of dangerous or noxious structures or conditions on private property: Ordinance establishing procedures; civil penalties for failure to abate; recovery of money expended by city; special assessment.

The governing body of a city may adopt by ordinance procedures pursuant to which the governing body or its designee may order an owner of property within the city to:

(a) Repair, safeguard or eliminate a dangerous structure or condition;

(b) Clear debris, rubbish, refuse, litter, garbage, abandoned or junk vehicles or junk appliances which are not subject to the provisions of chapter 459 of NRS; or

Ê to protect the public health, safety and welfare of the residents of the city.

An ordinance adopted pursuant to subsection 1 must:

(a) Contain procedures pursuant to which the owner of the property is:

(1) Sent a notice, by certified mail, return receipt requested, of the existence on the property of a condition set forth in subsection 1 and the date by which the owner must abate the condition.

(2) If the condition is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the condition.

(3) Afforded an opportunity for a hearing before the designee of the governing body relating to the order of abatement and an appeal of that decision. The ordinance must specify whether all such appeals are to be made to the governing body or to a court of competent jurisdiction.

(4) Afforded an opportunity for a hearing before the designee of the governing body relating to the imposition of civil penalties and an appeal of that decision. The ordinance must specify whether all such appeals are to be made to the governing body or to a court of competent jurisdiction.

(b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

(c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

(d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was requested to abate the condition.

(e) If the county board of health, city board of health or district board of health in whose jurisdiction the incorporated city is located has adopted a definition of garbage, use the definition of garbage adopted by the county board of health, city board of health or district board of health, as applicable.

In any county whose population is 700,000 or more, an ordinance adopted pursuant to subsection 1 may authorize the city to request the operator of a tow car to abate a condition by towing abandoned or junk vehicles which are not concealed from ordinary public view by means of inside storage, suitable fencing, opaque covering, trees, shrubbery or other means if the governing body or its designee has directed the abatement of the condition pursuant to subsection 4. The operator of a tow car requested to tow a vehicle by a city pursuant to this section must comply with the provisions of NRS 706.444 to 706.453 , inclusive.
The governing body or its designee may direct the city to abate the condition on the property and may recover the amount expended by the city for labor and materials used to abate the condition or request abatement by the operator of a tow car pursuant to subsection 3 if:

(a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on the property within the period specified in the notice;

(b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order; or

(c) The governing body or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.

In addition to any other reasonable means for recovering money expended by the city to abate the condition and, except as otherwise provided in subsection 6, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the governing body or its designee may make the expense and civil penalties a special assessment against the property upon which the condition is or was located. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.
Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 5 by the governing body or its designee unless:

(a) At least 12 months have elapsed after the date specified in the notice by which the owner must abate the condition or the date specified in the order of the governing body or court by which the owner must abate the condition, whichever is later;

(b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

If a designee of the governing body imposes a special assessment pursuant to subsection 5, the designee shall submit a written report to the governing body at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:

(a) The street address or assessors parcel number of the property;

(b) The name of each owner of record of the property as of the date of the assessment; and

(c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.

As used in this section, dangerous structure or condition means a structure or condition that may cause injury to or endanger the health, life, property, safety or welfare of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

(a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 268.413

with respect to minimum levels of health, maintenance or safety; or

(b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the governing body of a city, the violation of which is designated as a nuisance in the ordinance, rule or regulation.

(Added to NRS by 1997, 1469 ; A 2003, 787 ; 2005, 1383 ; 2011, 3114 ; 2013, 351 , 1878 ;

2015, 1476 )

NRS 268.4126

NRS

268.4126

Abatement of abandoned nuisance: Ordinance establishing procedures; civil penalties for failure to abate; recovery of money expended by city; special assessment.

The governing body of each city which is located in a county whose population is 100,000 or more may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file an action in a court of competent jurisdiction to seek:

(a) The abatement of an abandoned nuisance that is located or occurring within the city;

(b) The repair, safeguarding or demolition of any structure or property where an abandoned nuisance is located or occurring within the city;

(d) Civil penalties against an owner of any structure or property where an abandoned nuisance is located or occurring within the city; and

(e) Any other appropriate relief.

An ordinance adopted pursuant to subsection 1 must:

(a) Contain procedures pursuant to which the owner of the property is:

(1) Sent notice, by certified mail, return receipt requested, by a person authorized by the city to issue a citation, of the existence on the property of two or more abandoned nuisance activities and the date by which the owner must abate the abandoned nuisance to prevent the matter from being submitted to the city attorney for legal action.

(2) If the abandoned nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the abandoned nuisance.

(3) Afforded an opportunity for a hearing before a court of competent jurisdiction.

(b) Provide that the date specified in the notice by which the owner must abate the abandoned nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

(c) Provide the manner in which the city will, if the owner fails to abate the abandoned nuisance, recover money expended for labor and materials used to:

(1) Abate the abandoned nuisance on the property; or

(2) If applicable, repair, safeguard or demolish a structure or property where the abandoned nuisance is located or occurring.

If the court finds that an abandoned nuisance exists, the court shall order the owner of the property to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring, and may:

(a) Impose a civil penalty:

(1) If the property is nonresidential property, of not more than $750 per day; or

(2) If the property is residential property, of not more than $500 per day,

Ê for each day that the abandoned nuisance was not abated after the date specified in the notice by which the owner was required to abate the abandoned nuisance;

(b) If applicable, order the owner of the property to pay reasonable expenses for the relocation of any tenants who occupy the property legally and who are affected by the abandoned nuisance;

(1) Direct the city to abate the abandoned nuisance or repair, safeguard or demolish any structure or property where the abandoned nuisance is located or occurring; and

(2) Order the owner of the property to pay the city for the cost incurred by the city in taking the actions described in subparagraph (1); and

(d) Order any other appropriate relief.

In addition to any other reasonable means authorized by the court for the recovery of money expended by the city to abate the abandoned nuisance and, except as otherwise provided in subsection 5, for the collection of civil penalties imposed pursuant to subsection 3, the governing body of the city or its designee may make the expense and civil penalties a special assessment against the property upon which the abandoned nuisance is or was located or occurring. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.
Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 4 by the governing body or its designee unless:

(a) At least 180 days have elapsed after the date specified in the order of the court by which the owner must abate the abandoned nuisance or, if the owner appeals that order, the date specified in the order of the appellate court by which the owner must abate the abandoned nuisance, whichever is later;

(b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

If a designee of the governing body imposes a special assessment pursuant to subsection 4, the designee shall submit a written report to the governing body at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:

(a) The street address or assessors parcel number of the property;

(b) The name of each owner of record of the property as of the date of the assessment; and

(c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.

As used in this section:

(a) An abandoned nuisance exists on any property where a building or other structure is located on the property, the property is located in a city that is in a county whose population is 100,000 or more, the property has been vacant or substantially vacant for 12 months or more and:

(1) Two or more abandoned nuisance activities exist or have occurred on the property during any 12-month period; or

(2) A person associated with the property has caused or engaged in two or more abandoned nuisance activities during any 12-month period on the property or within 100 feet of the property.

(b) Abandoned nuisance activity means:

(1) Instances of unlawful breaking and entering or occupancy by unauthorized persons;

(2) The presence of graffiti, debris, litter, garbage, rubble, abandoned materials, inoperable vehicles or junk appliances;

(3) The presence of unsanitary conditions or hazardous materials;

(4) The lack of adequate lighting, fencing or security;

(5) Indicia of the presence or activities of gangs;

(6) Environmental hazards;

(7) Violations of city codes, ordinances or other adopted policy; or

(8) Any other activity, behavior, conduct or condition defined by the governing body of the city to constitute a threat to the public health, safety or welfare of the residents of or visitors to the city.

(d) Person associated with the property means a person who, on the occasion of an abandoned nuisance activity, has:

(1) Entered, patronized or visited;

(2) Attempted to enter, patronize or visit; or

(3) Waited to enter, patronize or visit,

Ê a property or a person present on the property.

(e) Residential property means:

(1) Improved real estate that consists of not more than four residential units;

(2) Unimproved real estate for which not more than four residential units may be developed or constructed pursuant to any zoning regulations or any development plan applicable to the real estate; or

(3) A single-family residential unit, including, without limitation, a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.

Ê The term does not include commercial real estate.

(Added to NRS by 2001, 3103 ; A 2003, 790 ; 2005, 565 ; 2011, 3119 ; 2013, 355 )

NRS 268.4133

NRS

268.4133

Ordinance regulating battery-charged fences: Requirements; prohibitions.

Except as otherwise provided in subsection 3, a city council or other governing body of an incorporated city shall enact ordinances regulating battery-charged fences.
An ordinance enacted pursuant to this section must, without limitation, require that a battery-charged fence:

(a) Be located on property that:

(1) Is not designated for residential use; or

(2) Is designated for residential use and:

(I) Is located in a rural zoning area; or

(II) Is governed by the provisions of NRS 278.780 to 278.828 , inclusive;

(b) Use a battery that is not more than 12 volts of direct current;

(d) Be surrounded by a nonelectric perimeter fence or wall that is at least 5 feet in height;

(e) Not be higher than 10 feet in height or 2 feet higher than the height of the nonelectric perimeter fence or wall described in paragraph (d), whichever is greater; and

(f) Be marked with conspicuous warning signs that are located on the battery-charged fence at intervals of not more than 40 feet and that read: WARNING: ELECTRIC FENCE.

A city council or other governing body of an incorporated city, in enacting an ordinance pursuant to this section, may not enact an ordinance that:

(a) Requires a permit for the installation or use of a battery-charged fence that is in addition to any permit that is required to install an alarm system;

(b) Imposes any installation or operational requirement for a battery-charged fence that is inconsistent with the most current standards set forth by the International Electrotechnical Commission; or

As used in this section:

(Added to NRS by 2023, 1299 )

NRS 270.020

NRS

270.020

Survey may be made; preparation and contents of map.

The city council, or other legislative board of any such city, upon its own motion or resolution or upon the petition of any property holder and taxpayer within the city, affected by such loss, destruction, uncertainty, ambiguity, confusion or conflict, may instruct and employ the city surveyor or the county surveyor of the county in which the city is situate, or any other professional land surveyor, to make a complete survey of such city or of such part thereof or addition thereto and to prepare a correct and accurate map or plat of such survey, upon which map or plat all of the blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other properties devoted to public use must be shown.
The map or plat must show by course and distance accurate ties with well-known and established section, or quarter section, corner or corners, and with some permanent artificial monument or monuments erected or constructed with definite and exact relation to the center line of the streets of such city or such part thereof or addition thereto and with such marks or monuments of original surveys as may be found and identified, together with an accurate description of each such section, or quarter section, corner, monument or mark.
The map must be entitled substantially as follows: Map of survey of city of ................(or of........ addition to city of ................, as the case may be) under the provisions of chapter 270 of NRS and in accordance with a resolution of the board of supervisors of the city of ................ (or as the case may be). Passed ................ (giving date).
The map must bear the sworn certificate of the surveyor making the same and must be made upon vellum, tracing cloth or other material of a permanent nature generally used for such purpose in the engineering profession, and must be drawn to a convenient scale sufficiently large to show clearly all lines and corners of blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other property devoted to public use. Where there is any uncertainty as to the correct position, description or line of any lot, block, street, alley or other piece or parcel of property affected, or wherever there is a conflict or contradiction in point, line, numbering, lettering or other description, by reason of conflicting maps, theretofore filed or recorded, or by reason of mistakes or inaccuracies in any prior map or plat, or otherwise, the same must be clearly shown or indicated. Wherever the line on which fences, buildings or other improvements have been built in accordance with prior maps, plats or surveys, or otherwise, and the same appear to be in conflict with the lines, points or directions, as shown in the map or plat herein provided for, such conflict or conflicts must likewise be clearly shown.
The map may be prepared in as many sections and with such changes in scale as may be necessary to show clearly the matters herein required.

[2:120:1919; 1919 RL p. 2664; NCL § 1356]—(NRS A 1960, 136 ; 1977, 1515 ; 1989, 789 )

NRS 318.116

NRS

318.116

Basic powers which may be granted to district.

Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:

Furnishing electric light and power, as provided in NRS 318.117 ;
Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or Fasciola hepatica , as provided in NRS 318.118 ;
Furnishing facilities or services for public cemeteries, as provided in NRS 318.119 ;
Furnishing facilities for swimming pools, as provided in NRS 318.1191 ;
Furnishing facilities for television, as provided in NRS 318.1192 ;
Furnishing facilities for FM radio, as provided in NRS 318.1187 ;
Furnishing streets and alleys, as provided in NRS 318.120 ;
Furnishing curbs, gutters and sidewalks, as provided in NRS 318.125 ;
Furnishing sidewalks, as provided in NRS 318.130 ;
Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135 ;
Furnishing sanitary facilities for sewerage, as provided in NRS 318.140 ;
Furnishing facilities for lighting streets, as provided in NRS 318.141 ;
Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142 ;
Furnishing recreational facilities, as provided in NRS 318.143 ;
Furnishing facilities for water, as provided in NRS 318.144 ;
Furnishing fencing, as provided in NRS 318.1195 ;
Furnishing facilities for protection from fire, as provided in NRS 318.1181 ;
Furnishing energy for space heating, as provided in NRS 318.1175 ;
Furnishing emergency medical services, as provided in NRS 318.1185 ;
Control of noxious weeds, as provided in chapter 555 of NRS; and
Establishing, controlling, managing and operating an area or zone for the preservation of one or more species or subspecies of wildlife that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq., as provided in NRS 318.1177 .

(Added to NRS by 1967, 1693 ; A 1969, 201 ; 1971, 261 ; 1977, 533 ; 1979, 571 ; 1985, 1803 ; 1989, 1881 ; 1993, 2783 ; 1995, 179 , 1905 ;

1997, 483 ; 2001, 2083 ; 2003, 1513 ; 2015, 3593 )

NRS 318.1195

NRS

318.1195

Fencing.

In the case of a district created wholly or in part for acquiring fencing improvements, the board shall have the power to construct, reconstruct or replace fences for the protection of any area within the district and to acquire improvements necessary thereto.

(Added to NRS by 1971, 261 )

NRS 321.067

NRS

321.067

Revolving Account for Land Management.

The Revolving Account for Land Management is hereby created as a special account in the State General Fund.
The State Land Registrar shall use the money in the Revolving Account to pay the expenses related to the management of land held by the Division and the acquisition of or interests in land, including, without limitation, expenses for:

(a) Appraisals and land surveys;

(b) Required environmental assessments of the land, including, without limitation, surveys of the biological, environmental and cultural conditions and resources of the land;

(d) The cleanup and maintenance of the land; and

(e) Any mitigation required of the land.

The State Land Registrar shall:

(a) Approve any disbursement from the Revolving Account; and

(b) Maintain records of any such disbursement.

The State Land Registrar shall deposit into the Revolving Account money received by the Division as a donation or as a reimbursement for or advance payment of an expense paid out of the Revolving Account.
The balance of the Revolving Account must be carried forward at the end of each fiscal year.
If the balance in the Revolving Account is below $20,000, the State Land Registrar may request an allocation from the Contingency Account in the State General Fund pursuant to NRS 353.266 , 353.268 and 353.269 .

(Added to NRS by 1999, 2540 ; A 2017, 648 , 3765 )

NRS 331.135

NRS

331.135

Legislative Building and grounds: Control by Legislature; assignment of space; maintenance.

The Legislature reserves the supervision and control, both during and between legislative sessions, of:

(a) The entire Legislative Building, including its chambers, offices and other rooms, and its furnishings and equipment.

(b) A portion of the parcel of land bounded on the west by Carson Street, on the south by Fifth Street, on the east by a portion of the abandoned Fall and Plaza Streets, and on the north by the sidewalk along the south fence of the capitol grounds, situated in a portion of the Capitol Complex, as shown on the Record of Survey Map No. 297, Official Records of Carson City, Nevada, File No. 3043, section 17, T. 15 N., R. 20 E., M.D.M., more particularly described as follows:

Beginning at the southwest corner of block 36, Sears, Thompson and Sears Division, as shown on that record of survey;

Thence N 89 ° 52 ¢ 32 ² E, a distance of 443.93 feet;

Thence N 00 ° 12 ¢ 15 ² E, a distance of 302.14 feet;

Thence N 44 ° 47 ¢ 45 ² W, a distance of 327.16 feet to the east side of an existing sidewalk;

Thence N 00 ° 14 ¢ 26 ² E, along that sidewalk, a distance of 173.16 feet, more or less, to the north line of a sidewalk;

Thence N 89 ° 47 ¢ 45 ² W, along that sidewalk, a distance of 212.50 feet, to the east right-of-way line of Carson Street;

Thence S 00 ° 13 ¢ 08 ² W, along that line, a distance of 709.40 feet, more or less, to the true point of beginning.

Containing 5.68 acres, more or less.

(c) The entire parcel of land bounded on the north by Fifth Street, on the south by Sixth Street, on the east by Stewart Street and on the west by Plaza Street, also described as blocks 2 and 3, Pierson and Goodridge Addition; and that portion of Fall Street between Fifth Street and Sixth Street abandoned by Carson City on April 26, 1990, Meeting Agenda Item 9 M-89/90-10. Also the entire parcel of land bounded on the north by the south boundary line of block 2, Pierson and Goodridge Addition, on the south by Seventh Street, on the east by Stewart Street and on the west by Fall Street, and further described as block 7, Pierson and Goodridge Addition.

(d) The entire parcel of land bounded on the north by Sixth Street, on the south by Seventh Street, on the east by Fall Street, and on the west by Plaza Street, also described as block 6, Pierson and Goodridge Addition.

(e) The entire parcel of land bounded on the north by Fourth Street, on the west by Stewart Street, on the south by Fifth Street, and on the east by the abandoned right-of-way of Valley Street, also described as block 39 of Sears, Thompson and Sears Division of Carson City; and the west 30.00 feet of the abandoned right-of-way of Valley Street abutting block 39 of Sears, Thompson and Sears Division. Excepting therefrom that portion of Stewart and Fifth Streets deeded to the State of Nevada through its Department of Transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.

(f) The entire parcel of land bounded on the north by Third Street, on the west by Stewart Street, on the south by Fourth Street, and on the east by Valley Street, also described as block 22 of Sears, Thompson and Sears Division of Carson City; and the land occupied by the state printing warehouse in block 21 of Sears, Thompson and Sears Division of Carson City; and the abandoned right-of-way of Fourth Street between block 22 of Sears, Thompson and Sears Division and block 39 of Sears, Thompson and Sears Division of Carson City. Excepting therefrom that portion of Stewart Street deeded to the State of Nevada through its Department of Transportation as recorded in book 283, page 208, of Deeds, Carson City, Nevada.

(g) The entire area of land bounded on the west by Fall Street, on the south by Fifth Street, on the east by Stewart Street and on the north by the northern edge of the sidewalk along the northern side of the parking garage, also described as block 38 and a portion of block 23 of Sears, Thompson and Sears Division of Carson City (including the portion of Fourth Street abandoned on December 5, 1989).

(h) The following Clark County parcel numbers:

(1) 177-03-311-005;

(2) 177-03-410-006;

(3) 177-03-410-008;

(4) 177-03-410-011; and

(5) 177-03-410-014.

(i) Any other property acquired for the use of the Legislature or its staff.

Ê Title to the property described in this subsection must be held in the name of the Legislature of the State of Nevada.

The Director of the Legislative Counsel Bureau:

(a) Shall provide an individual office for each Legislator whose position as an officer or as a chair of a committee does not otherwise entitle the Legislator to occupy an assigned office.

(b) May assign the use of space in the Legislative Building or other legislative facilities or on the legislative grounds in such a manner as the Legislative Commission prescribes.

The Director of the Legislative Counsel Bureau shall cause the Legislative Building, chambers and grounds and other legislative facilities to be kept in good repair, clean, orderly and presentable as befits public property and the dignity of the Legislature. For this purpose he or she may, in addition to the general power of the Director to employ or contract for the services of personnel, contract with any private enterprise or governmental agency for the provision of appropriate services.

(Added to NRS by 1969, 487 ; A 1973, 60 ; 1975, 419 ; 1977, 399 ; 1981, 354 ; 1989, 1617 , 2006 ;

1991, 943 ; 2001, 3206 ; 2007, 3306 ; 2019, 3128 ; 2023, 34th Special Session, 17 )

NRS 331.200

NRS

331.200

Damage to or destruction of capitol grounds or other state property unlawful.

It shall be unlawful for any person to commit any of the following acts upon the grounds of the State Capitol or of any other state building or property:

(a) Willfully deface, break down or destroy any fence upon or surrounding such grounds;

(b) Except as otherwise provided in NRS 481.0513 , erect any bulletin board or other advertising device in or upon such grounds;

(d) Injure, break down or destroy any tree, shrub or other thing upon such grounds; or

(e) Injure the grass upon such grounds by walking upon it.

Any person violating any of the provisions of this section shall be guilty of a public offense, as prescribed in NRS 193.155 , proportionate to the value of the property damaged or destroyed, and in no event less than a misdemeanor.

[1911 C&P § 509, RL § 6774; NCL § 10456]—(NRS A 1967, 552 ; 1973, 60 ; 2011, 2683 )

NRS 360.740

NRS

360.740

Request of newly created local government or special district for allocation from Account.

The governing body of a local government or special district that is created after July 1, 1998, and which provides police protection and at least two of the following services:

(a) Fire protection;

(b) Construction, maintenance and repair of roads; or

Ê may, by majority vote, request the Nevada Tax Commission to direct the Executive Director to allocate money from the Account to the local government or special district pursuant to the provisions of NRS 360.680 and 360.690 .

On or before December 31 of the year immediately preceding the first fiscal year that the local government or special district would receive money from the Account, a governing body that submits a request pursuant to subsection 1 must:

(a) Submit the request to the Executive Director; and

(b) Provide copies of the request and any information it submits to the Executive Director in support of the request to each local government and special district that:

(1) Receives money from the Account; and

(2) Is located within the same county.

The Executive Director shall review each request submitted pursuant to subsection 1 and submit his or her findings to the Committee on Local Government Finance. In reviewing the request, the Executive Director shall:

(a) For the initial year of distribution, establish an amount to be allocated to the new local government or special district pursuant to the provisions of NRS 360.680 and 360.690 . If the new local government or special district will provide a service that was provided by another local government or special district before the creation of the new local government or special district, the amount allocated to the local government or special district which previously provided the service must be decreased by the amount allocated to the new local government or special district; and

(b) Consider:

(1) The effect of the distribution of money in the Account, pursuant to the provisions of NRS 360.680 and 360.690 , to the new local government or special district on the amounts that the other local governments and special districts that are located in the same county will receive from the Account; and

(2) The comparison of the amount established to be allocated pursuant to the provisions of NRS 360.680 and 360.690 for the new local government or special district to the amounts allocated to the other local governments and special districts that are located in the same county.

The Committee on Local Government Finance shall review the findings submitted by the Executive Director pursuant to subsection 3. If the Committee determines that the distribution of money in the Account to the new local government or special district is appropriate, it shall submit a recommendation to the Nevada Tax Commission. If the Committee determines that the distribution is not appropriate, that decision is not subject to review by the Nevada Tax Commission.
The Nevada Tax Commission shall schedule a public hearing within 30 days after the Committee on Local Government Finance submits its recommendation. The Nevada Tax Commission shall provide public notice of the hearing at least 10 days before the date on which the hearing will be held. The Executive Director shall provide copies of all documents relevant to the recommendation of the Committee on Local Government Finance to the governing body of each local government and special district that is located in the same county as the new local government or special district.
If, after the public hearing, the Nevada Tax Commission determines that the recommendation of the Committee on Local Government Finance is appropriate, it shall order the Executive Director to distribute money in the Account to the new local government or special district pursuant to the provisions of NRS 360.680 and 360.690 .
For the purposes of this section, the local government or special district may enter into an interlocal agreement with another governmental entity for the provision of the services set forth in subsection 1 if that local government or special district compensates the governmental entity that provides the services in an amount equal to the value of those services.
As used in this section:

(a) Construction, maintenance and repair of roads includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a road and that is necessary for the safe and efficient use of the road except alleys and pathways for bicycles that are separate from the roadway and, including, without limitation:

(1) Grades or regrades;

(2) Gravel;

(3) Oiling;

(4) Surfacing;

(5) Macadamizing;

(6) Paving;

(7) Cleaning;

(8) Sanding or snow removal;

(9) Crosswalks;

(10) Sidewalks;

(11) Culverts;

(12) Catch basins;

(13) Drains;

(14) Sewers;

(15) Manholes;

(16) Inlets;

(17) Outlets;

(18) Retaining walls;

(19) Bridges;

(20) Overpasses;

(21) Tunnels;

(22) Underpasses;

(23) Approaches;

(24) Sprinkling facilities;

(25) Artificial lights and lighting equipment;

(26) Parkways;

(27) Fences or barriers that control access to the road;

(28) Control of vegetation;

(29) Rights-of-way;

(30) Grade separators;

(31) Traffic separators;

(32) Devices and signs for control of traffic;

(33) Facilities for personnel who construct, maintain or repair roads; and

(34) Facilities for the storage of equipment or materials used to construct, maintain or repair roads.

(b) Fire protection includes the provision of services related to:

(1) The prevention and suppression of fire; and

(2) Rescue,

Ê and the acquisition and maintenance of the equipment necessary to provide those services.

(c) Parks and recreation includes the employment by the local government or special district, on a permanent and full-time basis, of persons who administer and maintain recreational facilities and parks. Parks and recreation does not include the construction or maintenance of roadside parks or rest areas that are constructed or maintained by the local government or special district as part of the construction, maintenance and repair of roads.

(d) Police protection includes the employment by the local government or special district, on a permanent and full-time basis, of at least three persons whose primary functions specifically include:

(1) Routine patrol;

(2) Criminal investigations;

(3) Enforcement of traffic laws; and

(4) Investigation of motor vehicle crashes.

(Added to NRS by 1997, 3283 ; A 1999, 15 ; 2015, 1665 )

ABATEMENT OF TAXES ON BUSINESS

NRS 361.035

NRS

361.035

Real estate and real property defined.

Real estate or real property means:

(a) All houses, buildings, fences, ditches, structures, erections, railroads, toll roads and bridges, or other improvements built or erected upon any land, whether such land is private property or property of this state or of the United States, or of any municipal or other corporation, or of any county, city or town in this state.

(b) Any mobile home, factory-built housing or manufactured home which meets the requirements of NRS 361.244 .

(d) The claim by or the possession of any person, firm, corporation, association or company to any land.

The property described in subsection 1 must be listed under the head of real estate.
Except as otherwise provided in NRS 361.2445 , when an agreement has been entered into, whether in writing or not, or when there is sufficient reason to believe that an agreement has been entered into, for the dismantling, moving or carrying away or wrecking of the property described in subsection 1, the property must be classified as personal property, and not real estate.
For the purposes of this chapter, real estate or real property does not include leasehold or other possessory interests in land owned by the Federal Government on which land the Federal Government is paying taxes to the State of Nevada or is, pursuant to contractual obligation, paying any sum in lieu of taxes to the State of Nevada.

[Part 3:344:1953]—(NRS A 1957, 358 ; 1975, 1655 ; 1979, 824 ; 1993, 1183 ; 1999, 3465 )

NRS 365.532

NRS

365.532

Construction, maintenance and repair defined.

Construction, maintenance and repair includes, without limitation:

The acquisition, operation or use of any material, equipment or facility that is used for the construction, maintenance or repair of a right-of-way and is necessary for the safe and efficient use of the right-of-way;
Grades and regrades;
Graveling, oiling, surfacing, macadamizing and paving;
Sweeping, cleaning and sanding roads and removing snow from roads;
Installing, maintaining and repairing:

(a) Crosswalks, sidewalks and pathways that are within the right-of-way;

(b) Culverts, catch basins, drains, sewers and manholes;

(d) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;

(e) Artificial lights and lighting equipment, parkways and sprinkling facilities and the control of vegetation;

(f) Grade and traffic separators;

(g) Fences, cattle guards and other devices to control access to a county or city road;

(h) Signs, markings and devices for the control of traffic; and

(i) Facilities for personnel and the storage of equipment used to construct, maintain or repair a right-of-way;

The payment of any costs, other than administrative costs, that are directly connected with and necessarily incidental to the construction, maintenance and repair of a right-of-way, including, without limitation, the costs of labor, designing any improvement within a right-of-way and inspecting any improvement within a right-of-way; and
The payment of administrative costs that are:

(a) Directly incurred by a local government in connection with the construction, maintenance and repair of a right-of-way; and

(b) Necessary for, and directly incidental to, the completion of the project for which the administrative costs are incurred.

(Added to NRS by 2015, 527 )

NRS 37.110

NRS

37.110

Ascertainment and assessment of damages.

The court, jury, commissioners or master must hear such legal testimony as may be offered by any of the parties to the proceedings, and thereupon must ascertain and assess:

The value of the property sought to be condemned and all improvements thereon pertaining to the realty, and of each and every separate estate or interest therein; if it consists of different parcels, the value of each parcel and of each estate or interest therein shall be separately assessed.
If the property sought to be condemned constitutes only a part of a large parcel, the damages which will accrue to the portion not sought to be condemned, by reason of its severance from the portion sought to be condemned, and the construction of the improvement in the manner proposed by the plaintiff.
If the property, though no part thereof is taken, will be damaged by the construction of the proposed improvement, the amount of such damages.
Separately, how much the portion not sought to be condemned, and each estate or interest therein, will be benefited, if at all, by the construction of the improvement proposed by the plaintiff; and if the benefit shall be equal to the damages assessed, under subsection 2 of this section, the owner of the parcel shall be allowed no compensation except the value of the portion taken; but if the benefit shall be less than the damages so assessed, the former shall be deducted from the latter, and the remainder shall be the only damages allowed in addition to the value of the portion taken.
If the property sought to be condemned be for a railroad, the cost of good and sufficient fences along the line of such railroad between such railroad and other adjoining lands of the defendant; and the costs of cattle guards where fences may cross the line of such railroads.

Ê As far as practicable, compensation must be assessed for each source of damages separately.

[1911 CPA § 674; RL § 5616; NCL § 9163]

NRS 37.140

NRS

37.140

Damages to be paid within 30 days after judgment; bond for railroad fence.

The plaintiff must, within 30 days after final judgment, pay the sum of money assessed. If the plaintiff is a railroad company, it shall also execute to the defendant a bond, with sureties to be determined and approved by the court or judge, conditioned that the plaintiff shall build proper fences through any enclosed field before commencing actual construction. In an action on the bond all damages sustained and the cost of the construction of such fences and cattle guards, with a reasonable attorney fee, to be fixed by the court, may be recovered.

[1911 CPA § 677; RL § 5619; NCL § 9166]

NRS 384.030

NRS

384.030

Definitions.

As used in NRS 384.010 to 384.210 , inclusive:

Commission means the Comstock Historic District Commission.
Exterior architectural features means the architectural style, general design and general arrangement of the exterior of a structure, including the kind and texture of the building material, the type and style of all windows, doors, light fixtures and signs, color, and other appurtenant fixtures.
Historic district means an area within which structures and places of historical interest are under the protection of the Commission.
Structure means any building for whatever purpose constructed or used, house trailer as defined in NRS 484A.100 , mobile home as defined in NRS 484D.030 , stone wall, fence, light fixture, step, paving, advertising sign, bill poster and any fixture appurtenant thereto, but does not include structures or signs of a temporary nature such as those erected for celebrations or parades.

(Added to NRS by 1969, 1635 ; A 1973, 672 ; 1977, 1212 ; 1979, 638 ; 2005, 892 )

NRS 405.030

NRS

405.030

Unlawful placement of certain outdoor advertisements; exceptions; restriction on use of revenue from certain lawfully placed advertisements.

Except as otherwise provided in subsection 3 and NRS 277A.310 , and except within the limits of any city or town through which the highway may run, and on benches and shelters for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188 , 268.081 and 268.083 , 269.128

and 269.129 , or 277A.330 , or on monorail stations, it is unlawful for any person, firm or corporation to paste, paint, print or in any manner whatever place or attach to any building, fence, gate, bridge, rock, tree, board, structure or anything whatever, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster:

(a) Within any right-of-way of any state highway or road which is owned or controlled by the Department of Transportation.

(b) Within 20 feet of the main-traveled way of any unimproved highway.

Nothing in this section prevents the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public if the signs are approved by the Department of Transportation.
A tenant of a mobile home park may exhibit a political sign within a right-of-way of a state highway or road which is owned or controlled by the Department of Transportation if the tenant exhibits the sign within the boundary of the tenants lot and in accordance with the requirements and limitations set forth in NRS 118B.145 . As used in this subsection, the term political sign has the meaning ascribed to it in NRS 118B.145 .
If a franchisee receives revenues from an advertisement, bill, notice, sign, picture, card or poster authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertisement, bill, notice, sign, picture, card or poster authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.
As used in this section, monorail station means:

(a) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695 ; and

(b) Any facilities or appurtenances within such a structure.

[2:90:1925; NCL § 261]—(NRS A 1957, 306 ; 1979, 1799 ; 1989, 995 ; 1999, 2047 ; 2001, 846 ; 2003, 3247 ; 2005, 2321 ; 2009, 866 )

NRS 405.230

NRS

405.230

Penalty for obstruction or damage to highway; abatement of nuisance; removal of certain obstacles or encroachments.

Any person who, in any manner, obstructs any road, street or alley, or in any manner damages it or prevents travel thereon, or who obstructs, dams or diverts any stream or water so as to throw it, or cause the flowage thereof, upon, across or along the pathway of any road, highway, street or alley is guilty of a public offense, as prescribed in NRS 193.155 , proportionate to the extent of damage to the section of the road, street, alley or highway damaged, and in no event less than a misdemeanor.
The court before which the conviction is had shall order the sheriff or any constable of the county to abate, as a nuisance, any fence or other obstruction, to the free and convenient use and travel of the road, street or alley, or any obstruction from the stream so as to allow it to flow in its natural bed.
The department of public works or any other appropriate county agency is authorized to remove from the highways any unlicensed obstacle or encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, before the expiration of 5 days after personal service of notice and demand upon the owner of the obstacle or encroachment or the owners agent. In lieu of personal service upon that person or the persons agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the obstacle or encroachment described in the notice. Removal by the department or other agency of the obstacle or encroachment on the failure of the owner to comply with the notice and demand gives the department or other agency a right of action to recover the expense of the removal, investigative costs, attorneys fees, cost and expenses of suit, and in addition thereto the sum of $250 for each day the obstacle or encroachment remains after the expiration of 5 days from the service of the notice and demand.
As used in this section, obstacles or encroachments mean any objects, materials or facilities not owned by the county that are placed within a right-of-way of the county for storage purposes or decorative improvements for front lots that are not a part of a highway facility. The term does not include vehicles parked in a lawful manner within that right-of-way.

[6:111:1866; BH § 445; C § 452; RL § 3009; NCL § 5397]—(NRS A 1967, 571 ; 1979, 602 ; 1993, 897 )

NRS 408.050

NRS

408.050

Encroachment defined.

Encroachment means any tower, pole, pole line, wire, pipe, pipeline, fence, billboard, approach road, driveway, stand or building, crop or crops, flora, discharge of any kind or character or any structure which is placed in, upon, under or over any portion of highway rights-of-way.

(Added to NRS by 1957, 663 ; A 2015, 2137 )

NRS 408.427

NRS

408.427

Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction; recovery of expenses of restoration.

Whenever any person cuts, removes, destroys, crosses or otherwise penetrates a control-of-access fence or barrier maintained by the Department on an interstate or other highway, to which the State has acquired the abutters easements of access to and from the abutting land, the Department may petition the district court of the county where such highway is located for an order permanently enjoining such person from further penetration of the control of access, and if the court finds, upon taking proof by affidavit or otherwise, that the State has acquired the abutters rights of access, it shall enjoin such person from further violation of such control-of-access fence or barrier and shall provide in its order that the Department may recover from such person a sum treble the actual expense incurred by the Department in restoring the control-of-access fence or barrier.

(Added to NRS by 1969, 461 )

NRS 408.487

NRS

408.487

Acquisition of property: Purposes.

In all cases of highways constructed, reconstructed or improved under the provisions of this chapter which are located or relocated over privately owned property the Department may acquire, in the name of the State, either in fee or in any lesser estate or interest, any real property or interest therein and any personal property which it considers necessary.
The property which may be acquired for those purposes includes, but is not limited to, real property, interests therein, improvements located thereon and personal property for any of the following purposes:

(a) For rights-of-way for both present and future needs for highways of all types, including highways constructed within towns and cities.

(b) For exchanging the property or interests therein for other property or interests therein required for highway purposes to avoid the payment of excessive compensation or damages.

(d) For sites for storage, communications and maintenance and for administrative, recreational and historical purposes and necessary appurtenances in connection with those sites.

(e) For extraction of material, including rock quarries, gravel pits, sand or earth borrow pits, or other roadway material; also to obtain water from any source for any purpose which may be necessary for the construction and maintenance of the highways and their appurtenances.

(f) For the culture and support of trees and other flora which will benefit the highways in any way, including the increasing of the scenic beauty of the highways.

(g) For drainage in connection with any highway.

(h) For the maintenance of an unobstructed view of any portion of a highway so as to promote the safety of the traveling public.

(i) For the placement of directional signs and other signs, construction of fences, curbs, barriers, and obstructions as may be necessary for the safety and convenience of the traveling public.

(j) For constructing and maintaining highway cut and fill slopes.

(k) For public parks, playgrounds, recreational grounds and sites adjoining highway or freeway rights-of-way; acquisition of sites to replace housing; and acquisition and rehabilitation, relocation and construction of housing to replace other housing acquired.

(Added to NRS by 1957, 690 ; A 1963, 977 ; 1965, 1000 ; 1971, 186 ; 1985, 705 )

NRS 41.0331

NRS

41.0331

Construction of fence or other safeguard around dangerous condition at abandoned mine.

A person, the State of Nevada, any political subdivision of the State, any agency of the State or any agency of its political subdivisions is immune from civil liability for damages sustained as a result of any act or omission by the person, State, political subdivision or agency in constructing, or causing to be constructed, pursuant to standards prescribed by the Commission on Mineral Resources, a fence or other safeguard around an excavation, shaft, hole or other dangerous condition at an abandoned mine for which the person, State, political subdivision or agency is not otherwise responsible.

(Added to NRS by 1989, 1556 )

NRS 41.1393

NRS

41.1393

Discharge of duty to warn trespasser against dangerous condition.

In any case where there is a duty to warn a trespasser against a dangerous condition of the premises, that duty is discharged by painting, at intervals of not more than 200 feet on each side of the premises, upon or near the boundary, a post, structure or natural object with not less than 50 square inches of fluorescent orange paint or, if the post is a metal fence post, painting the entire post with such paint.

(Added to NRS by 1987, 2087 )

NRS 410.120

NRS

410.120

Permit: Conditions for issuance.

No permit may be granted for the establishment, maintenance or operation of a junkyard any portion of which is within 1,000 feet of the nearest edge of the right-of-way of an interstate or primary highway, except the following:

Those which are screened by natural objects, plantings, fences, or other appropriate aesthetic means, so as not to be visible from the main-traveled way, or otherwise hidden from sight;
Those located within areas which are zoned for industrial use under authority of state or local law or ordinance;
Those located in areas which, although not zoned by authority of state or local law or ordinance, are actually used for industrial purposes as determined from actual land uses and defined by regulations prescribed by the Director and approved by the Secretary of Transportation; and
Those which are not visible from the main-traveled way.

(Added to NRS by 1971, 560 ; A 1979, 1784 )

NRS 410.140

NRS

410.140

Screening of certain junkyards: Regulations.

The Director may prescribe regulations governing the location, planting, materials used, construction and maintenance, in the screening or fencing required by NRS 410.095 to 410.210 , inclusive.

(Added to NRS by 1971, 560 ; A 1979, 1784 )

NRS 452.170

NRS

452.170

Endowment care fund: Acceptance of gifts; uses; contributions for charitable purposes; gifts not invalidated by uncertainty of beneficiaries; rule against perpetuities inapplicable.

A cemetery authority which has established an endowment care fund may also take and hold any property bequeathed, granted, or given to it in trust to apply the principal, or proceeds, or income to either or all of the following purposes:

(a) Improvement or embellishment of all or any part of the cemetery or any lot in it.

(b) Erection, renewal, repair or preservation of any monument, fence, building, or other structure in the cemetery.

(d) Special care or ornamenting of any part of any plot, section or building in the cemetery.

(e) Any purpose or use not inconsistent with the purpose for which the cemetery was established or is maintained.

The sums paid in or contributed to the fund authorized by this section are hereby expressly permitted as and for a charitable and eleemosynary purpose. Such contributions are a provision for the discharge of a duty due from the persons contributing to the person or persons interred or to be interred in the cemetery, and likewise a provision for the benefit and protection of the public by preserving, beautifying, and keeping cemeteries from becoming unkept and places of reproach and desolation in the communities in which they are situated. No payment, gift, grant, bequest, or other contribution for such purpose is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the fund, nor is the fund or any contribution to it invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property.

[13:138:1953]

NRS 452.305

NRS

452.305

Unlawful to damage or destroy property in cemetery or disturb contents of grave, tomb or crypt; penalty; restitution; civil liability.

A person who:

(a) Willfully destroys, mutilates, defaces or injures any tomb, monument, gravestone, building or other structure placed in any cemetery;

(b) Willfully destroys, mutilates, defaces or injures any fence, railing or other work for the protection or ornament of any cemetery or any tomb, monument, gravestone, or any structure, plat or lot within the cemetery;

(d) Willfully disturbs the contents of any grave, tomb or crypt in a cemetery,

Ê is guilty of a category E felony and shall be punished as provided in NRS 193.130 . In addition to any other penalty, the court shall order the person to pay restitution to the owner of the cemetery, cemetery authority or board of county commissioners of the county in which the cemetery is located, as appropriate, including payment of any costs to reinter or redeposit the contents of any grave, tomb or crypt that were removed or disturbed by the person.

Any money paid for restitution pursuant to subsection 1 must be applied by the trustees, owner of the cemetery, cemetery authority or board of county commissioners of the county in which the cemetery is located, as appropriate, to repair or restore the property which was destroyed or injured and to conduct any reinterment or redeposit for which costs were ordered pursuant to subsection 1.
This section does not relieve any person from civil liability for engaging in an unlawful act pursuant to this section.

(Added to NRS by 1991, 1316 ; A 2005, 500 )

NRS 452.3055

NRS

452.3055

Unlawful to remove objects from cemetery without consent or to possess or traffic in objects unlawfully removed; penalty; restitution; civil liability; exceptions.

It is unlawful for a person to:

(a) Remove willfully any tomb, monument, gravestone, fencing, building or other structure placed in a cemetery, or any portion of the tomb, monument, gravestone, fencing, building or structure, without written authorization from a member of the immediate family or a lineal descendent of the deceased, the owner of the cemetery or cemetery authority, the board of county commissioners of the county where the cemetery is located or a court order;

(b) Possess any tomb, monument, gravestone, fencing, building or other structure removed from a cemetery, or any portion of the tomb, monument, gravestone, fencing, building or structure, if the person knows it has been unlawfully removed from a cemetery; or

(c) Sell, offer or attempt to sell or otherwise transfer or dispose of any tomb, monument, gravestone, fencing, building or other structure placed in a cemetery, or any portion of the tomb, monument, gravestone, fencing, building or structure, if the person knows it has been unlawfully removed from a cemetery.

A person who violates any provision of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130 . In addition to any other penalty, the court shall order the person to pay restitution to the owner of the cemetery, the cemetery authority or the board of county commissioners of the county in which the cemetery is located, as appropriate.
A person who is paid money for restitution pursuant to subsection 2 shall use the money to repair or restore the property that was removed from the cemetery.
This section does not relieve any person from civil liability for engaging in an unlawful act pursuant to this section.
The provisions of this section do not apply to a person acting in the course of a medical or archeological study or criminal investigation or in carrying out the professional mortuary duties of the person.

(Added to NRS by 2005, 499 )

Operation of Business

NRS 452.725

NRS

452.725

Additional contributions to cemetery authority in trust: Receipt; use; purposes; validity.

A cemetery authority may also take and hold any property bequeathed, granted, or given to it in trust and apply the principal, or proceeds, or income from the trust to either or all of the following purposes:

(a) Improvement or embellishment of all or any part of the cemetery or any lot in it.

(b) Erection, renewal, repair or preservation of any monument, fence, building or other structure in the cemetery.

(d) Special care or ornamenting of any part of any plot, section or building in the cemetery.

(e) Any purpose or use not inconsistent with the purpose for which the cemetery was established or is maintained.

The sums paid in or contributed to the fund authorized by this section are hereby expressly permitted as and for a charitable and eleemosynary purpose. Such contributions are a provision for the discharge of a duty due from the persons contributing to the person or persons interred or to be interred in the cemetery, and likewise a provision for the benefit and protection of the public by preserving, beautifying and keeping cemeteries from becoming unkept and places of reproach and desolation in the communities in which they are situated.
No payment, gift, grant, bequest or other contribution for such a purpose is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the fund, nor is the fund or any contribution to it invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property.

(Added to NRS by 1993, 2752 )

NRS 455.010

NRS

455.010

Erection of fence or other safeguard around excavation, hole or shaft required.

Any person or persons, company or corporation, who shall dig, sink or excavate, or cause the same to be done, or being the owner or owners, or in the possession under any lease or contract, of any shaft, excavation or hole, whether used for mining or otherwise, or whether dug, sunk or excavated for the purpose of mining, to obtain water, or for any other purpose, within this State, shall, during the time they may be employed in digging, sinking or excavating, or after they may have ceased work upon or abandoned the same, erect, or cause to be erected, good and substantial fences or other safeguards, and keep the same in good repair, around such works or shafts, sufficient to guard securely against danger to persons and animals from falling into such shafts or excavations.

[1:16:1866; B § 109; BH § 290; C § 271; RL § 3233; NCL § 5630]

NRS 455.060

NRS

455.060

Determination by board of county commissioners of whether to fence or guard abandoned excavation or mine no longer operating; payment of expenses.

If the notice states that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the sheriff or constable shall notify the board of county commissioners of the county, or any member of the board of county commissioners, of its location. Upon receipt of the notice, or of information from the Division of Minerals of the Commission on Mineral Resources that there is in the county a dangerous condition resulting from mining practices which took place at a mine that is no longer operating, if the information does not identify any person responsible for the dangerous condition, the board shall, as soon as possible thereafter, decide whether it should be fenced or otherwise guarded to prevent accidents to persons or animals.
All expenses thus incurred must be paid first out of the judgments collected in accordance with the provisions of NRS 455.010 to 455.180 , inclusive, in the same manner as other county expenses.

[6:16:1866; B § 114; BH § 295; C § 276; RL § 3238; NCL § 5635]—(NRS A 1983, 905 ; 1987, 1869 ; 1993, 881 , 1625 ;

1995, 548 ; 1999, 3624 )

Excavation or Demolition Near Subsurface Installation

NRS 487.073

NRS

487.073

Applicant to furnish information concerning place of business.

Before issuing a license to an automobile wrecker, the Department shall require the applicant to furnish proof that:

The applicant will conduct business from a permanent enclosed building which the applicant owns or has leased;
The business will be located on at least one-half of an acre of ground; and
The site for the business will be surrounded by a screened fence at least 6 feet high.

(Added to NRS by 1987, 1600 )

NRS 487.440

NRS

487.440

Applicant to furnish information concerning place of business.

Before issuing a license to an operator of a salvage pool, the Department shall require that the applicant furnish proof that:

The applicant will conduct business from a permanent enclosed building which the applicant owns or has leased;
The business will be located on at least one-half of an acre of ground; and
The site for the business will be surrounded by a screened fence at least 6 feet high.

(Added to NRS by 1987, 1595 )

NRS 495.150

NRS

495.150

Hearing; assessment of compensation; reports; adverse claims.

The commissioners shall:

(a) Proceed to view the several tracts of land as ordered by the court.

(b) Hear the allegations and proofs of the parties.

(c) Ascertain and assess the compensations for the land sought to be appropriated, to be paid by the corporation to the person or persons having or holding any right, title or interest in or to each of the several tracts of land.

In ascertaining and assessing compensation, the commissioners shall take into consideration and make allowance for any benefit or advantages that in their opinion will accrue to such person or persons by reason of the construction of the landing places, terminals, air navigation facilities and aerial rights-of-way by the corporation.
If the corporation shall, in its petition filed in the special proceedings, offer or agree to make good and sufficient fences on the landing places, terminals, air navigation facilities, and aerial rights-of-way, or any portion thereof, at such places and times as the same may be necessary, no sum of money or price for such fences shall be included in the compensation or damages to be awarded by the commissioners; but the corporation shall not be required to construct fences on the landing places, terminals, air navigation facilities and aerial rights-of-way where the same passes through unenclosed tracts of land, nor until enclosure shall be made abutting upon the property of the corporation.
The commissioners shall, on or before the time or times as ordered by the court, file in the clerks office their report, signed by them, setting forth their proceedings in the premises, and they may include all of the tracts in one report, or they may make several reports, including one or more of the tracts of land, if the court shall so order, or if they shall deem it proper.
In case there are adverse or conflicting claims to the compensation assessed for any tract of land, or any right, title or interest therein, thus sought to be appropriated, the parties thus asserting such claims shall present the same, by petition, to the court after the report of the commissioners shall have been filed, and the court shall proceed to hear and determine the same. In such case, the corporation may pay the amount of such compensation to the clerk of the court, to abide the order of the court in the proceeding, and the corporation shall not be liable for any of the costs caused by the adjudication of such conflicting claims.

[30:146:1865; B § 3455; BH § 864; C § 1001; RL § 3541; NCL § 6265]

NRS 501.3535

NRS

501.3535

Fences constructed by Department: Requirements concerning construction and maintenance.

If the Department constructs or causes to be constructed a fence in carrying out its duties, the Department shall, to the greatest extent practicable, ensure that the fence is constructed and maintained in such a manner as to prevent livestock from being trapped in the fence.

(Added to NRS by 2013, 504 )

NRS 503.452

NRS

503.452

Registration or stamping of certain information on traps, snares and similar devices; fee for registration; exceptions; unlawful possession of trap registered to another person without written permission; confidentiality of registration information.

Except as otherwise provided in subsections 2 and 3, each trap, snare or similar device used by a person in the taking of wild mammals must be registered with the Department before it is used. Each registered trap, snare or similar device must bear a number which is assigned by the Department and is clearly stamped on the trap, snare or similar device or on a metal tag that is attached to the trap, snare or similar device. The registration of a trap, snare or similar device is valid until the trap, snare or similar device is sold or ownership of the trap, snare or similar device is otherwise transferred. For each trap, snare or similar device registered with the Department, the person registering the trap, snare or similar device must pay a registration fee of $5.
Except as otherwise provided in subsection 3, if a trap, snare or similar device is not registered with the Department pursuant to subsection 1, before it can be used in the taking of wild animals, it must have the name and address of the person who owns the trap, snare or similar device:

(a) Clearly stamped upon the trap, snare or similar device; or

(b) On a metal tag that is attached to the trap, snare or similar device.

The provisions of subsections 1 and 2 do not apply to a trap, snare or similar device used:

(a) Exclusively on private property which is posted or fenced in accordance with the provisions of NRS 207.200 by the owner or occupant of the property or with the permission of the owner or occupant;

(b) For the control of rodents by an institution of the Nevada System of Higher Education;

(d) For the taking of wild mammals for scientific or educational purposes under a permit issued by the Department pursuant to NRS 503.650 .

It is unlawful:

(a) For a person to whom a trap, snare or similar device is registered to allow another person to possess or use the trap, snare or similar device without providing to that person written authorization to possess or use the trap, snare or similar device.

(b) For a person to possess or use a trap, snare or similar device registered to another person without obtaining the written authorization required pursuant to paragraph (a). If a person obtains written authorization to possess or use a trap, snare or similar device pursuant to paragraph (a), the person shall ensure that the written authorization, together with his or her trapping license, is in his or her possession during any period in which he or she uses the trap, snare or similar device to take fur-bearing mammals.

A person to whom a trap, snare or similar device is registered pursuant to this section shall report any theft of the trap, snare or similar device to the Department as soon as it is practical to do so after the person discovers the theft.
Any information in the possession of the Department concerning the registration of a trap, snare or similar device is confidential and the Department shall not disclose that information unless required to do so by law or court order.
If a trap, snare or similar device has been used exclusively on private property pursuant to paragraph (a) of subsection 3, before the trap, snare or similar device is used on any public land in this State, the owner of the trap, snare or similar device must:

(a) Register the trap, snare or similar device pursuant to subsection 1; or

(b) Pursuant to subsection 2, have his or her name and address:

(1) Clearly stamped on the trap, snare or similar device; or

(2) On a metal tag that is attached to the trap, snare or similar device.

(Added to NRS by 1979, 346 ; A 1983, 854 ; 1991, 267 ; 1993, 1674 ; 1995, 898 ; 2003, 1549 , 2551 ;

2013, 1001 ; 2015, 3062 ; 2017, 2000 )

NRS 503.580

NRS

503.580

Unlawful to set trap, snare or similar device within 200 feet of public road or highway; exception.

For the purposes of this section, public road or highway means:

(a) A highway designated as a United States highway.

(b) A highway designated as a state highway pursuant to the provisions of NRS 408.285 .

It is unlawful for any person, company or corporation to place or set any trap, snare or similar device used for the purpose of trapping mammals within 200 feet of any public road or highway within this State.
This section does not:

(a) Prevent the placing or setting of any trap, snare or similar device inside, along or near a fence which may be situated less than 200 feet from any public road or highway upon privately owned lands.

(b) Apply to placing or setting a trap, snare or similar device by an employee or agent of the Department.

[1:155:1931] + [2:155:1931]—(NRS A 1960, 229 ; 1967, 599 ; 1969, 1365 ; 1979, 1175 ; 1991, 268 ; 2017, 2002 ; 2019, 763 )

RAPTORS

NRS 503.590

NRS

503.590

Noncommercial collections of live wildlife; regulations concerning fencing or containment of collections of wildlife; provisions inapplicable to alternative livestock.

Except as otherwise provided in this section, a person may maintain a noncommercial collection of legally obtained live wildlife if:

(a) Such a collection is not maintained for public display nor as a part of or adjunct to any commercial establishment; and

(b) The wildlife contained in such a collection is of a species which may be possessed in accordance with regulations adopted by the Commission pursuant to subsection 2 of NRS 504.295 .

The Commission may adopt reasonable regulations establishing minimum standards for the fencing or containment of any collection of wildlife.
The provisions of this section do not apply to alternative livestock and products made therefrom.

[1:72:1947; 1943 NCL § 3154.05] + [2:72:1947; 1943 NCL § 3154.06] + [3:72:1947; A 1955, 196 ] + [4:72:1947; 1943 NCL § 3154.08]—(NRS A 1959, 387 ; 1967, 1126 ; 1969, 1366 , 1453 ;

1971, 1187 ; 1981, 609 ; 1993, 431 )

NRS 504.165

NRS

504.165

Disbursement of money: Regulations of Commission; proof required from claimant.

The Commission shall adopt regulations governing the disbursement of money to:

(a) Prevent or mitigate damage to private property and privately maintained improvements, including, without limitation, fences;

(b) Prevent or mitigate damage to fences on public lands;

(c) Construct fences around sources of water on private lands or public lands where there has been damage to the area near such sources of water; and

(d) Compensate persons for grazing reductions and the loss of stored and standing crops,

Ê caused by elk or game mammals not native to this State.

The regulations must contain:

(a) Requirements for the eligibility of those persons claiming damage to private property, privately maintained improvements, fences on public lands or areas near sources of water on public lands to receive money or materials from the Department, including:

(1) A requirement that such a person enter into a cooperative agreement with the Director for purposes related to this title; and

(2) A requirement that if the claim is for money or materials from the Department for the construction of a fence around a source of water on private land or public land, such a person must:

(I) Conduct a physical inspection of the private land or public land upon which the fence is proposed to be constructed to determine the most effective manner in which to protect the source of water and to determine the most effective manner in which to provide access to a source of water for livestock and wildlife that is located outside the fence and within a reasonable distance from the fence;

(II) Conduct the inspection described in sub-subparagraph (I) in consultation with the persons or entities which will be directly affected by the construction of the fence, including, without limitation, an owner of the private land on which the fence is proposed to be constructed, a governmental entity that manages the public land on which the fence is proposed to be constructed, a holder of a permit to graze livestock on the public land, if applicable, and a person who holds a water right which will be directly affected by the construction of the fence; and

(III) Enter into a cooperative agreement with the persons and entities described in sub-subparagraph (II) for purposes related to the construction of the fence in accordance with the results of the inspection conducted pursuant to this subparagraph.

(b) Procedures for the formation of local panels to assess damage caused by elk or game mammals not native to this State and to determine the value of a loss claimed if the person claiming the loss and the Department do not agree on the value of the loss.

(c) Procedures for the use on private property or public lands of materials purchased by the State to prevent damage caused by elk or game mammals not native to this State.

(d) Any other regulations necessary to carry out the provisions of this section and NRS 504.155 .

The regulations must:

(a) Provide for the payment of money or other compensation to cover the costs of labor and materials necessary to:

(1) Prevent or mitigate damage to private property, privately maintained improvements and fences on public lands caused by elk or game mammals not native to this State; and

(2) Construct fences around sources of water on private or public lands if:

(I) Elk or game mammals not native to this State have caused damage to the area near such sources of water; and

(II) A source of water for livestock and wildlife is available outside such a fence and within a reasonable distance from such a fence or will be made available at such a location.

(b) Prohibit a person who has, within a particular calendar year, applied for or received a special incentive elk tag pursuant to NRS 502.142 from applying, within the same calendar year, for compensation pursuant to this section for the same private land.

Money may not be disbursed to a claimant pursuant to this section unless the claimant shows by a preponderance of the evidence that the damage for which the claimant is seeking compensation was caused solely by elk or game mammals not native to this State.
As used in this section, public lands means all lands within the exterior boundaries of the State of Nevada except lands:

(a) To which title is held by any private person or entity;

(b) To which title is held by the State of Nevada, any of its local governments or the Nevada System of Higher Education;

(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the Legislature;

(d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or

(e) Which are held in trust for Indian purposes or are Indian reservations.

(Added to NRS by 1989, 2020 ; A 1991, 269 ; 1993, 1678 ; 1997, 1380 ; 1999, 437 ; 2003, 512 , 1554 ;

2013, 1629 )

NRS 533.492

NRS

533.492

Subsisting right to water livestock: Manner of proof; marking of location of right.

A subsisting right to water livestock may be proven by an owner of livestock by one or more of the following items of evidence for the number of livestock and date of priority:

(a) As to water rights on open range, whether public lands or unfenced private lands or a combination of these:

(1) A statement of priority of use submitted to the Taylor Grazing Service, predecessor to the Bureau of Land Management, to show the numbers of livestock grazed upon the open range, for years from 1928 to 1934, inclusive, if accompanied by evidence of changes or absence of change since the date of the statement;

(2) A license issued by the Taylor Grazing Service for use upon the open range; or

(3) A statement of priority of use, or a license, issued by the United States Forest Service for the grazing of livestock before 1950.

(b) As to water rights on other privately owned land:

(1) An affidavit concerning the number and kind of livestock by a person familiar with the use made of the lands;

(2) A record of livestock assessed to the claimant of the right, or the claimants predecessor, by a county assessor;

(3) A count of livestock belonging to the claimant or the claimants predecessor made by a lender; or

(4) An affidavit of a disinterested person.

The location of a subsisting right to water livestock and its extent along a stream may be shown by marking upon a topographic map whose scale is not less than 1:24,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude and by further identifying the location or extent by one-sixteenth sections within a numbered section, township and range as certified by a registered state water right surveyor.

(Added to NRS by 1993, 1944 ; A 2017, 3504 )

NRS 568.225

NRS

568.225

Grazing preference rights appurtenant to property; unlawful interference with grazing; penalty.

Except as otherwise provided in the Taylor Grazing Act:

(a) A grazing preference right shall be deemed appurtenant to base property; and

(b) If base property or any portion of base property is sold, leased or otherwise transferred, the person to whom the property is sold, leased or otherwise transferred must not be deprived of any grazing preference right that is appurtenant to that property solely on the basis of the sale, lease or other transfer of that property unless the person consents to, or receives just compensation for, the deprivation of that right.

Except as otherwise provided in NRS 568.230 to 568.370 , inclusive, a person who willfully or negligently:

(a) Interferes with the lawful herding or grazing of livestock on land:

(1) That is base property; or

(2) Other than base property that is located within a grazing district and upon which the livestock are herded or grazed in accordance with a permit to graze livestock issued pursuant to the provisions of the Taylor Grazing Act; or

(b) Damages or destroys a fence, gate, facility for watering livestock or other improvement that is used to sustain livestock and is located on land specified in paragraph (a),

Ê is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.

As used in this section:

(a) Base property means any land or water in this state that is owned, occupied or controlled by a person who has obtained an appurtenant grazing preference right for that land or water pursuant to the provisions of the Taylor Grazing Act.

(b) Grazing preference right means a right that:

(1) Is conferred upon a person pursuant to the provisions of the Taylor Grazing Act; and

(2) Entitles the person to priority in the issuance of a permit to graze livestock in accordance with those provisions.

(Added to NRS by 1999, 2052 )

REGULATION OF GRAZING ON FEDERAL LANDS

NRS 568.360

NRS

568.360

Duties of owners of domestic animals with respect to domestic animals upon highway; liability for damages.

No person, firm or corporation owning, controlling or in possession of any domestic animal running on open range has the duty to keep the animal off any highway traversing or located on the open range, and no such person, firm or corporation is liable for damages to any property or for injury to any person caused by any collision between a motor vehicle and the animal occurring on such a highway.
Any person, firm or corporation negligently allowing a domestic animal to enter within a fenced right-of-way of a highway is liable for damages caused by a collision between a motor vehicle and the animal occurring on the highway.

(Added to NRS by 1965, 644 ; A 1983, 235 )

NRS 569.431

NRS

569.431

Legal fence defined.

As used in NRS 569.431 to 569.471 , inclusive, legal fence means a fence with not less than four horizontal barriers, consisting of wires, boards, poles or other fence material in common use in the neighborhood, with posts set not more than 20 feet apart. The lower barrier must be not more than 12 inches from the ground and the space between any two barriers must be not more than 12 inches and the height of top barrier must be at least 48 inches above the ground. Every post must be so set as to withstand a horizontal strain of 250 pounds at a point 4 feet from the ground, and each barrier must be capable of withstanding a horizontal strain of 250 pounds at any point midway between the posts.

(Added to NRS by 1991, 1147 )

NRS 569.440

NRS

569.440

Liability caused by trespassing livestock; liability of landowner for injury to trespassing livestock; trespassing livestock treated as estrays.

Except as otherwise provided in NRS 569.461 and 569.471 :

(a) If any livestock break into any grounds enclosed by a legal fence, the owner or manager of the livestock is liable to the owner of the enclosed premises for all damages sustained by the trespass. If the trespass is repeated by neglect of the owner or manager of the livestock, the owner or manager of the livestock is for the second and every subsequent offense or trespass, liable for double the damages of the trespass to the owner of the premises.

(b) If any owner or occupier of any grounds or crops trespassed upon by livestock entering upon or breaking into his or her grounds, whether enclosed by a legal fence or not, kills, maims or materially injures the livestock so trespassing, the owner or occupier of the grounds or crops is liable to the owner of the livestock for all damages, and for the costs accruing from a suit for such damages, when necessarily resorted to for their recovery.

(c) The owner or occupier of grounds or crops so damaged and trespassed upon may take up and safely keep, at the expense of the owner or owners thereof, after due notice to the owners, if known, the livestock, or so many of them as may be necessary to cover the damages the owner or occupier of grounds or crops may have sustained, for 10 days, and if not applied for by the proper owner or owners before the expiration of 10 days, the livestock may be posted under the estray laws of the state, and before restitution may be had by the owner or owners of the livestock, all damages done by them, as well also as the expense of posting and keeping them, must be paid. Any justice of the peace in the township has jurisdiction of all such reclamation of livestock, together with the damages, and expense of keeping and posting the same, when the amount claimed does not exceed $2,500.

When two or more persons cultivate lands under one enclosure, neither of them may place or cause to be placed any livestock on his or her ground, to the injury or damage of the other or others, but is liable for all damages thus sustained by the other or others. If repeated, after due notice is given, and for every subsequent repetition, double damages are recoverable in any court having jurisdiction.

[1:16:1862; B § 3992; BH § 741; C § 777; RL § 2332; NCL § 4016] + [2:16:1862; B § 3993; BH § 742; C § 778; RL § 2333; NCL § 4017] + [3:16:1862; B § 3994; BH § 743; C § 779; RL § 2334; NCL § 4018]—(NRS A 1961, 549 ; 1991, 1148 )

NRS 569.450

NRS

569.450

Trespass on cultivated land: No award of damages unless land enclosed by legal fence.

No person is entitled to collect damages, and no court in this state may award damages, for any trespass of livestock on cultivated land in this state if the land, at the time of the trespass was not enclosed by a legal fence.

[1:223:1917; 1919 RL p. 2846; NCL § 4022] + [2:223:1917; A 1929, 255 ; NCL § 4023]—(NRS A 1961, 550 ; 1991, 1149 )

NRS 569.461

NRS

569.461

Liability of developer of residential, commercial or industrial structure adjoining pasture for damages to legal fence.

When a residential, commercial or industrial structure is erected, or any other commercial or industrial activity is undertaken, on land adjoining a pasture and separated from the pasture by a legal fence, the developer of the structure or the person undertaking the activity, unless he or she makes the election permitted by NRS 569.471 , shall repair any damage to the fence caused by or related to the erection of the structure, the associated development of the land or the activity undertaken. The developer or person undertaking the activity is liable for any damage done by any livestock which stray from the pasture through the damaged portion of the fence for which he or she is responsible, and to the owner of the livestock for any loss suffered as a result of their straying and for the loss accruing from a suit for any such damages when necessarily resorted to for their recovery.
For the purposes of this section, a structure is erected on land adjoining a pasture if the land on which it is erected and land adjoining the pasture are owned by the same person directly or through an affiliate, even though the area may be divided into lots, and if the site of the construction is within one-fourth of a mile of the pasture.

(Added to NRS by 1991, 1147 )

NRS 569.471

NRS

569.471

Replacement of legal fence permitted; conditions; duty and liability.

A developer or a person undertaking an activity described in NRS 569.461 , at his or her own expense, may replace a legal fence with a fence certified by the Director of the State Department of Agriculture to be equally impervious to livestock, but if the developer or person undertaking such activity does so, the duty and liability imposed by NRS 569.461 exist and devolve in the same manner.

(Added to NRS by 1991, 1148 ; A 1993, 1746 )

NRS 574.100

NRS

574.100

Torturing, overdriving, injuring or abandoning animals; failure to provide proper sustenance; requirements for restraining dogs and using outdoor enclosures; horse tripping; penalties; exceptions.

A person shall not:

(a) Torture or unjustifiably maim, mutilate or kill:

(1) An animal kept for companionship or pleasure, whether belonging to the person or to another; or

(2) Any cat or dog;

(b) Except as otherwise provided in paragraph (a), overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an animal, whether belonging to the person or to another;

(c) Deprive an animal of necessary sustenance, food or drink, or neglect or refuse to furnish it such sustenance or drink;

(d) Cause, procure or allow an animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed or to be deprived of necessary food or drink;

(e) Instigate, engage in, or in any way further an act of cruelty to any animal, or any act tending to produce such cruelty; or

(f) Abandon an animal in circumstances other than those prohibited in NRS 574.110 . The provisions of this paragraph do not apply to a feral cat that has been caught to provide vaccination, spaying or neutering and released back to the location where the feral cat was caught after providing the vaccination, spaying or neutering. As used in this paragraph, feral cat means a cat that has no apparent owner or identification and appears to be unsocialized to humans and unmanageable or otherwise demonstrates characteristics normally associated with a wild or undomesticated animal.

Except as otherwise provided in subsections 3 and 4 and NRS 574.210 to 574.510 , inclusive, a person shall not restrain a dog:

(a) Using a tether, chain, tie, trolley or pulley system or other device that:

(1) Is less than 12 feet in length;

(2) Fails to allow the dog to move at least 12 feet or, if the device is a pulley system, fails to allow the dog to move a total of 12 feet; or

(3) Allows the dog to reach a fence or other object that may cause the dog to become injured or die by strangulation after jumping the fence or object or otherwise becoming entangled in the fence or object;

(b) Using a prong, pinch or choke collar or similar restraint; or

Any pen or other outdoor enclosure that is used to maintain a dog must be appropriate for the size and breed of the dog. If any property that is used by a person to maintain a dog is of insufficient size to ensure compliance by the person with the provisions of paragraph (a) of subsection 2, the person may maintain the dog unrestrained in a pen or other outdoor enclosure that complies with the provisions of this subsection.
The provisions of subsections 2 and 3 do not apply to a dog that is:

(a) Tethered, chained, tied, restrained or placed in a pen or enclosure by a veterinarian, as defined in NRS 574.330 , during the course of the veterinarians practice;

(b) Being used lawfully to hunt a species of wildlife in this State during the hunting season for that species;

(d) In attendance at and participating in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined;

(e) Being processed into an animal shelter;

(f) Temporarily for a period of less than 1 month:

(1) Being cared for as part of a rescue operation in conjunction with an animal rescue organization; or

(2) Staying in a camping area;

(g) Living on land that is directly related to an active agricultural operation, if the restraint is reasonably necessary to ensure the safety of the dog. As used in this paragraph, agricultural operation means any activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry;

(h) Under the direct custody or control of a person, if the person is engaged in a temporary task or activity with the dog for not more than 1 hour; or

(i) Being walked by a person using a leash.

A person shall not:

(a) Intentionally engage in horse tripping for sport, entertainment, competition or practice; or

(b) Knowingly organize, sponsor, promote, oversee or receive money for the admission of any person to a charreada or rodeo that includes horse tripping.

A person who willfully and maliciously violates paragraph (a) of subsection 1:

(a) Except as otherwise provided in paragraph (b), is guilty of a category D felony and shall be punished as provided in NRS 193.130 .

(b) If the act is committed in order to threaten, intimidate or terrorize another person, is guilty of a category C felony and shall be punished as provided in NRS 193.130 .

Except as otherwise provided in subsection 6, a person who violates subsection 1, 2, 3 or 5:

(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

(2) Perform not less than 48 hours, but not more than 120 hours, of community service.

Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at the persons place of employment or on a weekend.

(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

(2) Perform not less than 100 hours, but not more than 200 hours, of community service.

Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000.

(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130 .

In addition to any other fine or penalty provided in subsection 6 or 7, a court shall order a person convicted of violating subsection 1, 2, 3 or 5 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, 2, 3 or 5 including, without limitation, money expended for veterinary treatment, feed and housing.
The court may order the person convicted of violating subsection 1, 2, 3 or 5 to surrender ownership or possession of the mistreated animal.
The provisions of this section do not apply with respect to an injury to or the death of an animal that occurs accidentally in the normal course of:

(a) Carrying out the activities of a rodeo or livestock show; or

(b) Operating a ranch.

As used in this section, horse tripping means the roping of the legs of or otherwise using a wire, pole, stick, rope or other object to intentionally trip or intentionally cause a horse, mule, burro, ass or other animal of the equine species to fall. The term does not include:

(a) Tripping such an animal to provide medical or other health care for the animal; or

(b) Catching such an animal by the legs and then releasing it as part of a horse roping event for which a permit has been issued by the local government where the event is conducted.

[Part 6:75:1873; B § 2487; BH § 4781; C § 4873; RL § 1378; NCL § 3236] + [Part 6:178:1919; 1919 RL p. 3394; NCL § 10574]—(NRS A 1981, 672 ; 1991, 491 ; 1999, 2518 ; 2009, 738 ; 2011, 1605 ; 2013, 2174 ; 2017, 1790 ; 2023, 901 )

NRS 575.040

NRS

575.040

Liability for damages caused by poisonous or injurious liquid.

Any person who maintains, dumps, turns or flows, or causes to be maintained, dumped, turned or flowed, any solution, compound, waste, water or anything of a liquid nature poisonous or injurious to or which might or does kill livestock, into an open ditch, cut, flume, pond, reservoir or any other place, unless the ditch, cut, flume, pond, reservoir or place is enclosed by fence or otherwise safeguarded sufficiently to prevent livestock gaining access thereto, is liable for all damages caused by or the result of such act or acts.
Any person violating subsection 1, or who fails properly to enclose and safeguard any solution, compound, waste, water or anything of a liquid nature injurious to or which might or does kill livestock, maintained, dumped or flowed by the person, is liable to the owner of livestock affected for all damages the result of the persons failure to enclose and safeguard the solution, compound, waste, water or anything of a liquid nature, together with costs of suit and counsel fees in a reasonable amount, to be fixed by the court trying an action therefor.

[1:61:1919; 1919 RL p. 2917; NCL § 5636] + [2:61:1919; 1919 RL p. 2917; NCL § 5637] + [3:61:1919; 1919 RL p. 2917; NCL § 5638]—(NRS A 1985, 528 )

NRS 576.129

NRS

576.129

Alternative livestock: Permit required; regulations of State Board of Agriculture.

It is unlawful for any person to import, possess or propagate any alternative livestock unless the person first obtains from the State Board of Agriculture a permit that authorizes the person to do so.
The State Board of Agriculture shall adopt regulations for the importation, possession and propagation of alternative livestock. The regulations must set forth requirements for:

(a) Facilities used to confine alternative livestock, including minimum requirements for fencing to prevent the escape of alternative livestock.

(b) The genetic testing of alternative livestock.

(c) Keeping and maintaining records related to the importation, transfer, possession and propagation of alternative livestock.

(d) Identifying and marking alternative livestock.

(e) Marketing alternative livestock.

(f) The filing of any bonds which may be required by the State Board of Agriculture.

In adopting the regulations required by subsection 2, the State Board of Agriculture shall consult with the Department of Wildlife and the Board of Wildlife Commissioners concerning the provisions that are necessary to protect wildlife in this state and in the areas designated as areas of special concern by the Board of Wildlife Commissioners pursuant to NRS 501.181 .
The State Board of Agriculture shall establish by regulation a schedule of fees required to be paid for a permit issued pursuant to this section. The fees established must not exceed the approximate cost to the Board of carrying out the provisions of this section.

(Added to NRS by 1993, 435 ; A 1995, 514 ; 2003, 1583 )

NRS 583.213

NRS

583.213

Cage-free housing system defined.

Cage-free housing system means an enclosure for egg-laying hens which is located indoors or outdoors, in which egg-laying hens are unrestricted and free to roam, except as otherwise provided in paragraph (c), and which:

(a) Provides egg-laying hens enrichment that allows the egg-laying hens to exhibit natural behaviors, including, without limitation, scratch areas, perches, nest boxes and dust bathing areas;

(b) Enables farm employees to provide care while standing within the usable floor space for the egg-laying hens; and

(c) For a system located indoors, allows the egg-laying hens to be unrestricted and free to roam, except for the presence of:

(1) Exterior walls; and

(2) Interior fencing that is used to contain the entire flock of egg-laying hens within the system or to subdivide the flock of egg-laying hens into smaller groups if such interior fencing:

(I) Enables farm employees to walk through each contained or subdivided area to provide care to egg-laying hens; and

(II) Provides each egg-laying hen the minimum amount of usable floor space, as set forth in NRS 583.237 .

The term includes, without limitation:

(a) Multi-tiered aviaries, partially slatted systems and single-level, all-litter floor systems which satisfy the conditions set forth in paragraphs (a), (b) and (c) of subsection 1; and

(b) Any future systems which satisfy the conditions set forth in paragraphs (a), (b) and (c) of subsection 1.

The term does not include systems that are commonly referred to as battery cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible cages, furnished cages or any similar cage system.

(Added to NRS by 2021, 2211 )

NRS 590.515

NRS

590.515

Regulations of Board: Generally.

In addition to any other regulations it is authorized or required to adopt, the Board shall adopt such other regulations as are reasonably necessary for the:

(a) Protection of the health, welfare and safety of the public and persons using liquefied petroleum gases;

(b) Provision of reasonable and adequate service to those persons using liquefied petroleum gases; and

(c) Regulation of the removal of a tank from a customers premises and the maximum time allowable between the request and the removal. The Board shall consider the presence of fences or other physical impediments to the removal of the tank in determining reasonable exceptions to the time allowed for removal.

All regulations adopted by the Board relating to safety must be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. Regulations adopted by the Board relating to safety in the storage, distribution, dispensing, transporting and utilization of LPG in this State and in the manufacture, fabrication, assembly, sale, installation and use of LPG systems, containers, apparatus or appliances must be just and reasonable and must conform, as nearly as possible, to the standards of the National Fire Protection Association, relating to the design, construction, installation and use of systems, containers, apparatus, appliances and pertinent equipment for the storage, transportation, dispensation and utilization of LPG.
In addition, the Board shall adopt regulations which:

(a) Provide for the Board, through its staff, to:

(1) Respond to inquiries and complaints from persons who use liquefied petroleum gas;

(2) Assist persons who use liquefied petroleum gas in obtaining liquefied petroleum gas in an emergency; and

(3) Facilitate the resolution of disputes between licensees and their customers.

Ê The provisions of this paragraph do not impose a duty upon the Board to provide financial assistance to any person.

(b) Provide for the hearing and mediation of complaints filed by persons who use liquefied petroleum gas. Any such hearing must be open to the public, recorded on tape and prior notice thereof must be mailed by the Board to any person who requests to receive notice of such hearings.

(c) Require each licensee to disclose uniformly information which the Board determines is necessary to disseminate to the licensees customers and prospective customers. The Board may adopt forms for such disclosures, but shall also require each licensee to post its rates and, upon request, disclose by telephone its applicable rates to existing and potential customers who so inquire.

(Added to NRS by 1957, 478 ; A 1981, 94 ; 1987, 1540 ; 1989, 1839 ; 1991, 504 ; 2005, 299 )

NRS 624.935

NRS

624.935

Duties of contractor regarding commencement, performance and completion of work; contract required to contain written explanation of rights of customer; conditions for final payment.

A contractor who receives an initial down payment or deposit of $1,000 or 10 percent of the aggregate contract price, whichever is less, for work concerning a residential pool or spa shall start the work within 30 days after the date all necessary permits for the work, if any, are issued, unless the person who made the payment agrees in writing to a longer period to apply for the necessary permits or start the work or to longer periods for both.
A contractor who receives money for work concerning a residential pool or spa shall complete the work diligently and shall not refuse to perform any work for any 30-day period.
If satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish the owner a full and unconditional release from any claim of mechanics lien for that portion of the work for which payment has been made.
The requirements of subsection 3 do not apply if the contract provides for the contractor to furnish a bond for payment and performance or joint control covering full performance and completion of the contract and the bond or joint control is furnished by the contractor.
A contract for work concerning a residential pool or spa must contain a written statement explaining the rights of the customer under NRS 624.900 to 624.965 , inclusive, and other relevant statutes.
A contractor may require final payment for the final stage or phase of the construction of a residential pool or spa after the completion of the plastering and the final inspection by the local building department, unless any installation of equipment, decking or fencing that is required in the contract is not completed.

(Added to NRS by 1997, 2698 ; A 2001, 2978 ; 2005, 2378 )—(Substituted in revision for NRS 597.716)

NRS 705.110

NRS

705.110

Penalty.

Any company, owner or custodian of such animals who knowingly and willingly fails to comply with the provisions of NRS 705.090

and 705.100 shall be guilty of a misdemeanor.

[3:94:1903; RL § 3587; NCL § 6317]—(NRS A 1967, 657 )

FENCES AND GUARDS FOR LIVESTOCK

NRS 705.120

NRS

705.120

Duty of maintaining fences; liability for killing livestock.

Railroad corporations must make and maintain a good and sufficient fence on both sides of their track and right-of-way. In case they do not make and maintain such fence, if their engines or cars shall kill or maim any cattle or other domestic animals upon their line of road, they must pay to the owner of such cattle or other domestic animals a fair market price for the same, unless it occurred through the neglect or fault of the owner of the animal so killed or maimed.
Nothing in this section shall require any railroad company to fence its right-of-way through any town or city.

[1:195:1917; 1919 RL p. 2981; NCL § 6341] + [2:195:1917; 1919 RL p. 2981; NCL § 6342]

NRS 705.130

NRS

705.130

Duty of constructing barriers or guards where public road crosses fenced-in right-of-way; liability for killing or injuring livestock.

Every person, lessee, receiver, firm, copartnership or corporation owning, leasing or operating any railroad in, or through any part of, the State of Nevada shall, wherever a public road or highway crosses the fenced-in right-of-way of such railroad, construct such barriers, guards or other devices as will effectually prevent the entrance from such public road or highway onto the right-of-way of cattle, horses, mules and burros. Such barriers, guards, or other devices shall not be placed across, or in any wise obstruct, such public road or highway.
If any person, lessee, receiver, firm, copartnership or corporation owning, leasing or operating any railroad in, or through any part of, the State of Nevada shall fail to construct such barriers, guards or other devices specified in subsection 1, and any cattle, horses, mules or burros shall be killed, maimed or injured on any part of such unprotected right-of-way, the person, lessee, receiver, firm, copartnership or corporation so offending shall pay to the owner, or agent of the owner, of any such cattle, horses, mules or burros the full market value of such animals as it was before such injury occurred.

[1:211:1917; 1919 RL p. 2982; NCL § 6343] + [2:211:1917; 1919 RL p. 2982; NCL § 6344]

NRS 705.170

NRS

705.170

Fenced right-of-way to be equipped with passageways and gates; responsibility of railroad.

Every railroad corporation or company, in fencing its right-of-way, shall provide and maintain suitable passageways equipped with gates, except at watering holes, where openings with proper safeguards will be maintained.
Responsibility for measures toward prevention of unnecessary loss or injury to livestock upon railroad tracks or rights-of-way through construction and proper maintenance of suitable barriers, such as right-of-way fences and livestock guards or cattle guards at all openings or crossings through the right-of-way or track fences, or at each end of open cuts, shall lie with the owners of such railroads.

[5:88:1923; NCL § 6349]

NRS 706.4479

NRS

706.4479

Notification required by operator of tow car if motor vehicle towed at request of person other than owner; limitations on certain fees and charges.

If a motor vehicle is towed at the request of someone other than the owner, or authorized agent of the owner, of the motor vehicle, the operator of the tow car shall, in addition to the requirements set forth in the provisions of chapter 108 of NRS:

(a) Notify the registered and legal owner of the motor vehicle by certified mail not later than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following a crash involving the motor vehicle or not later than 15 days after placing any other vehicle in storage:

(1) Of the location where the motor vehicle is being stored;

(2) Whether the storage is inside a locked building, in a secured, fenced area or in an unsecured, open area;

(3) Of the charge for towing and storage;

(4) Of the date and time the vehicle was placed in storage;

(5) Of the actions that the registered and legal owner of the vehicle may take to recover the vehicle while incurring the lowest possible liability in accrued assessments, fees, penalties or other charges; and

(6) Of the opportunity to rebut the presumptions set forth in NRS 487.220

and 706.4477 .

(b) If the identity of the registered and legal owner is not known or readily available, make every reasonable attempt and use all resources reasonably necessary, as evidenced by written documentation, to obtain the identity of the owner and any other necessary information from the agency charged with the registration of the motor vehicle in this State or any other state within:

(1) Twenty-one days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following a crash involving the motor vehicle; or

(2) Fifteen days after placing any other motor vehicle in storage.

Ê The operator shall attempt to notify the owner of the vehicle by certified mail as soon as possible, but in no case later than 15 days after identification of the owner is obtained for any motor vehicle.

If an operator includes in the operators tariff a fee to be charged to the registered and legal owner of a vehicle for the towing and storage of the vehicle, the fee may not be charged:

(a) For more than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following a crash involving the motor vehicle; or

(b) For more than 15 days after placing any other vehicle in storage,

Ê unless the operator complies with the requirements set forth in subsection 1.

If a motor vehicle that is placed in storage was towed at the request of a law enforcement officer following a crash involving the motor vehicle or after having been stolen and subsequently recovered, the operator shall not:

(a) Satisfy any lien or impose any administrative fee or processing fee with respect to the motor vehicle for the period ending 4 business days after the date on which the motor vehicle was placed in storage; or

(b) Impose any fee relating to the auction of the motor vehicle until after the operator complies with the notice requirements set forth in NRS 108.265 to 108.367 , inclusive.

(Added to NRS by 1995, 1511 ; A 1997 1513; 1997, 2683 ; 2001, 2637 ; 2005, 703 ; 2007, 423 ; 2009, 1306 ; 2011, 1403 ; 2013, 2159 ; 2015, 1703 )

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)