ODOR NUISANCES

Las Vegas Municipal Code tit. 9, ch. 9.40

in effect

Las Vegas Municipal Code § 9.40.010 Definitions.

9.40.010 - Definitions. As used in this Chapter, unless the context otherwise indicates, the following terms shall have the meanings ascribed to them: "Authorized official" has the same meaning ascribed to that term in LVMC 9.04.010. "DT" is an abbreviation for dilution to threshold, which is an odor quantification unit. "Hedonic tone" means the offensiveness of a particular odor. "Nasal Ranger®" refers to a manufactured product used to quantify odor by diluting the air stream with odor categorizing the odor by dilutions to threshold. "Odor" means the perceived experience when one or more chemicals come into contact with and stimulate the olfactory nerve. "Odor episode" means the occurrence and perception of odor that may constitute an odor nuisance under this Chapter. "Odor intensity" means the overall strength of an odor. "Odor nuisance" means an odor which is injurious to health, offensive to the senses of a reasonable person, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. "Odorant" refers to any chemical in the air that is part of the perception of odor. "Olfactometer" means a device used in the field to measure or quantify odor or odor intensity, including a scentometer or Nasal Ranger®. "Ppbv" means parts per billion by volume, a common gas phase compound quantitative unit. "Ppmv" means parts per million by volume, a common gas phase compound quantitative unit. "Scentometer" means a measurement device used to quantify odor intensity using a calibration standard. (Ord. No. 6570, § 2, 3-15-17)

Las Vegas Municipal Code § 9.40.020 Odor nuisances prohibited.

9.40.020 - Odor nuisances prohibited. (A) Except as otherwise provided in this Chapter, no person shall cause or knowingly allow to be caused an odor nuisance. (B) When a complaint regarding an odor episode is received, an authorized official may contact the complainant, gather specific information regarding the odor episode, and conduct an investigation accordingly. An authorized official may also conduct an investigation in a case where he or she independently perceives the existence of odor that might constitute an odor nuisance. As part of the investigation, the official may attempt to identify and quantify the odor intensity using an olfactometer and may also define or describe the hedonic tone of the odor associated with the odor episode. (C) As an alternative to, or in advance of, formal enforcement proceedings, an authorized official may work with an owner, operator or other person responsible for an odor episode to mitigate the odor. (D) An authorized official may process an odor episode as a public nuisance under Chapter 9.04 if, on a parcel adjacent to or nearby the parcel that is the source of the odor, an objective measurement is made as follows: (1) The ambient odor has a persistent odor intensity measured at 7 DT or greater and measured as such at least three times in a forty-eight hour time period; or (2) The existence of hydrogen sulfide or ammonia is measured as follows: (a) Hydrogen sulfide: One hundred ppbv (instantaneous), thirty ppbv (thirty-minute average), ten ppbv (one hour average); or (b) Ammonia: Ten ppmv (instantaneous), three ppmv (thirty-minute average), one ppbv (one hour average). (E) An objective measurement that qualifies under Subsection (D) shall be based on appropriate technology, including without limitation the use of olfactometers, instruments that measure the presence of specific chemicals or odorants (such as color-changing tubes and Jerome analyzers), and air monitoring equipment for compounds emitted into the air. An objective measurement that qualifies under Subsection (D) presumptively establishes the existence of an odor nuisance under this Chapter and Chapter 9.04. The presumption may be rebutted in connection with an appeal hearing or judicial proceeding regarding the odor nuisance. (F) If multiple complaints are made regarding the same odor episode, but a presumptive odor nuisance cannot be established under the objective criteria described in Subsection (D) above, an authorized official may contact an owner, operator or other person responsible for the odor to discuss odor mitigation measures to eliminate or reduce the ambient odor. (Ord. No. 6570, § 2, 3-15-17)

Las Vegas Municipal Code § 9.40.030 Applicability—Exceptions.

9.40.030 - Applicability—Exceptions. (A) Except as otherwise provided in Subsection (B), this Chapter applies to all locations and operations within the City, including residential and nonresidential operations. (B) This Chapter does not apply to: (1) Residential animal husbandry locations or other rural residential sites that include the presence of animals or agricultural operations, but only to the extent they are operating in compliance with all applicable City ordinances. (2) The food preparation operations of restaurants (but only those operations). (3) Regulated natural gas utility operations, including odorized natural gas and the chemicals or products used to achieve the required odorization of natural gas. (Ord. No. 6570, § 2, 3-15-17)

Las Vegas Municipal Code § 9.40.040 Cannabis odor nuisances.

9.40.040 - Cannabis odor nuisances. (A) In the case of an odor episode that qualifies under Subsection (D) of Section 9.40.020, where the source of the odor is a cannabis establishment licensed pursuant to LVMC Chapter 6.95 and the operator or owner disagrees with the objective measurement, an authorized official may require the operator or property owner to conduct air monitoring, at the operator's or owner's cost, in accordance with the Department of Community Development's odor-related standards regarding cannabis establishments. (B) The Director of Community Development may establish a policy to describe the scope of the odor mitigation plan required for outdoor consumption waivers pursuant to LVMC 6.95.160(J)(1). The policy may include provisions regarding the submission of revised odor mitigation plans, as well as procedures and remedies relating to compliance with plans. (Ord. No. 6831, § 18.5, 3-1-23; Ord. No. 6816, § 107, 8-17-22; Ord. No. 6570, § 2, 3-15-17)

Source: City of Las Vegas, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/las_vegas/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.40ODNUFetched: 10/28/2026