9.08.050 - Public nuisance.
A. A public nuisance is a crime against the order and economy of the city.
B. Every place:
1. Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or any agency thereof is conducted, or any article, apparatus or device useful therefore is kept;
2. Wherein any fighting between animals or birds is conducted;
3. Wherein any dog races are conducted as a gaming activity;
4. Wherein any intoxicating liquors are kept for unlawful use, sale or distribution;
5. Wherein drug paraphernalia, as defined in NRS 453.554, or a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043 is unlawfully sold, served, stored, kept, manufactured, used or given away;
6. Wherein excessive or prohibited noise as defined in Chapter 8.28 of this code originates;
7. Wherein fighting occurs between residents and/or visitors, or any other disorderly or disruptive behavior occurs by residents and/or visitors, which regularly requires response by police; or
8. Wherein any unauthorized graffiti is placed upon structures or surfaces, is a public nuisance.
C. Every act unlawfully done and every omission to perform a duty, which act or omission:
1. Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;
2. Offends public decency;
3. Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a public park, square, street, alley, bridge or highway; or
4. In any way renders a considerable number of persons insecure in life or the use of property, is a public nuisance.
D. Every person who:
1. Shall commit or maintain a public nuisance, for which no special punishment is prescribed; or
2. Shall willfully omit or refuse to perform any legal duty relating to the removal of such nuisance; or
3. Shall let, or permit to be used, any real property, building, or portion thereof, knowing that it is intended to be, or is being used, for committing any such nuisance, shall be guilty of a misdemeanor.
E. It shall be the duty of every owner of real property, or building thereon, to remove any public nuisance, and those persons causing such nuisance, from the property. For purposes of this section, there shall be a rebuttable presumption that the owner of real property, or buildings thereon, shall have the same knowledge of its use, and the existence of public nuisances thereon, as the agent or property manager employed by the owner.
(Ord. 2340 § 6, 2007; Ord. No. 2703, § 1, 5-20-2015)
