GRAFFITI

North Las Vegas Municipal Code tit. 8, ch. 8.40

in effect

North Las Vegas Municipal Code § 8.40.010 Graffiti—Legislative determination.

8.40.010 - Graffiti—Legislative determination. The City Council hereby declares as a matter of legislative determination that: A. The increasing incidents of the defacement of public and private property through the application of graffiti upon walls, rocks, bridges, buildings, fences, gates, other structures, trees, and other real and personal property within the corporate boundaries of the City constitute a blight on this community, and, in the interests of the health, safety and general welfare of the residents and taxpayers of the City, immediate steps must be taken to remove this blight. B. Based upon reports which the City Council has received, such defacement of property is most often committed by persons under the age of eighteen (18) years using aerosol containers of spray paint and broad-tipped indelible markers. C. When any such person has a legitimate need for such aerosol containers and markers, the same may be furnished by a parent or guardian. D. Such aerosol containers and markers are frequently stolen from retail stores by such persons. E. The sale of such aerosol containers and markers to such persons should therefore be prohibited, and persons who are engaged in the retail sale of such aerosol containers and markers should be required to take reasonable steps to prevent the theft of such aerosol containers and markers. F. When appropriate, the court should require those who commit acts of defacement of public or private property through the application of graffiti to restore the property so defaced, damaged or destroyed. G. Obtaining convictions for the application of graffiti is difficult due to the fact that the offense can be committed so very quickly and secretively that witnesses to the act are frequently nonexistent. H. The public should be encouraged, through the promise of a reward, to cooperate in the elimination of graffiti by reporting to the proper authorities the incidents of the application of graffiti which the members thereof observe. (Ord. 1856 § 2 (part), 2003)

North Las Vegas Municipal Code § 8.40.020 Definitions.

8.40.020 - Definitions. In the construction of this chapter, the following definitions shall be observed, unless the context clearly requires otherwise: "Broad-tipped indelible marker" means any felt-tipped marker or similar implement which contains a fluid which is not water soluble and which has a flat or angled writing surface one-half inch or greater. "Director" means the director of community development and compliance, who is the official charged with the administration and enforcement of this Code, or any duly authorized representative. "Graffiti" means unauthorized markings, such as initials, monikers, slogans, inscriptions, figures, marks, or drawings commonly known and referred to as graffiti, whether it be stickers, attached, written, spray-painted, etched, or sketched on a sidewalk, wall, building, fence, sign, or any other public or private surface. "Person" means any person, firm, partnership, limited-liability company, association, corporation, company or organization of any kind. "Stickers" means any type of piece of paper, fabric, plastic, or other material with an adhesive that is applied, affixed or adhered to any surface. "Unauthorized" means without the prior permission of the property owner or responsible party. (Ord. 1856 § 2 (part), 2003) (Ord. No. 2702, § 1, 5-20-2015

North Las Vegas Municipal Code § 8.40.025 Graffiti declared a public nuisance.

8.40.025 - Graffiti declared a public nuisance. A. Graffiti, as defined in Section 8.40.020 of this chapter, and for the purpose of this chapter, is declared to be a public nuisance. (Ord. No. 2702, § 2, 5-20-2015)

North Las Vegas Municipal Code § 8.40.030 Graffiti prohibited.

8.40.030 - Graffiti prohibited. A. All sidewalks, walls, buildings, fences, stored objects, signs, and other structures or surfaces shall be kept free of graffiti when visible from the street or other public or private property. B. Prohibited Conduct. 1. No person may write, paint or draw any inscription, figure or mark of any type on any public or private building or other real or personal property owned, operated or maintained by a governmental entity or any agency or instrumentality thereof, or by any person, firm or corporation, unless the express permission of the owner or operator of the property has been obtained. 2. No person may possess an aerosol spray paint container or broad-tipped indelible marker with the intent to violate the provisions of subsection 8.40.030(B)(1). 3. No person may possess an aerosol spray paint container or broad-tipped indelible marker on any private property unless the owner, agent, manager, or other person having control of the property consented to the presence of the aerosol spray paint container or broad-tipped indelible marker. 4. No person under the age of eighteen (18) years may possess an aerosol spray paint container or broad-tipped indelible marker on any public property unless accompanied by a parent, guardian, employer, teacher, or other adult in any similar relationship and such possession is for a lawful purpose. 5. No person or firm may sell, deliver or give or cause to be sold, delivered or given to any person under the age of eighteen (18) years, and no person under the age of eighteen (18) years may buy any aerosol spray paint container or broad-tipped indelible marker. Evidence that a person, his or her employee or agent demanded and was shown acceptable evidence of majority and acted upon such evidence in a transaction or sale shall be a defense to any prosecution under this subsection. This subsection does not apply to the transfer of an aerosol spray paint container or broad-tipped indelible marker from a parent to child, guardian to ward, employer to employee, teacher to student, or in any other similar relationship when such transfer is for a lawful purpose. 6. It shall be unlawful for any person to allow graffiti to remain on property as identified in [Section] 8.40.030A. (Ord. 1856 § 2 (part), 2003) (Ord. No. 2702, § 3, 5-20-2015)

North Las Vegas Municipal Code § 8.40.035 Owner to maintain premises free of graffiti.

8.40.035 - Owner to maintain premises free of graffiti. A. The owner or person in control of any private property shall at all times maintain the premises free of graffiti. (Ord. No. 2702, § 4, 5-20-2015)

North Las Vegas Municipal Code § 8.40.038 Graffiti enforcement.

8.40.038 - Graffiti enforcement. A. When graffiti is located on a property and is visible from publicly owned property, the director or duly authorized representative may issue the owner of the property an enforcement notification to remove the graffiti from the property. The enforcement notification will be issued by certified mail, return receipt requested. B. Time to Remedy Condition. If the graffiti does not constitute a condition which is an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, the owner will be afforded a minimum of thirty (30) days to abate the condition. 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. An owner will be assessed a civil penalty of one hundred dollars ($100.00) for each day that the owner does not abate the condition after the date specified in the notice by which the owner was requested to abate the condition. C. Hearing and Appeal—Enforcement Notification. The owner will be afforded an opportunity for a hearing before the designee of the governing body relating to the enforcement notification and an appeal of that decision. All such appeals are to be made to the North Las Vegas City Council. D. Hearing and Appeal—Civil Penalties. The owner will be 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. All such appeal are to be made to the North Las Vegas City Council. E. If the owner does not remove the graffiti as required by the enforcement notification, the City or its representative is authorized to perform or cause to be performed the work required by this chapter, at the expense of the property owner. The city shall have a lien against the property for the money expended for labor and materials used to abate the condition on the property and for any unpaid civil penalties. The city may collect the amount of the lien from the owner of the property, or other person(s) liable therefore, through a civil action or any other remedy provided by law, including collection as a special assessment, collected along with county taxes, as provided by NRS 268.4122(5). (Ord. No. 2702, § 5, 5-20-2015)

North Las Vegas Municipal Code § 8.40.040 Storage and display of aerosol spray paint containers and broad-tipped indelible markers.

8.40.040 - Storage and display of aerosol spray paint containers and broad-tipped indelible markers. A. It shall be unlawful for any person who owns, conducts, operates, or manages a business where aerosol spray paint containers or broad-tipped indelible markers are sold, or any person who sells or offers for sale aerosol spray paint containers or broad-tipped indelible markers, to store or display, or cause to be stored or displayed, such aerosol spray paint containers and broad-tipped indelible markers in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition. B. Nothing herein shall preclude the storage or display of aerosol spray paint containers and broad-tipped indelible markers in an area viewable by the public so long as such items are not accessible to the public without employee assistance. (Ord. 1856 § 2 (part), 2003)

North Las Vegas Municipal Code § 8.40.050 Violation—Penalties.

8.40.050 - Violation—Penalties. A person convicted of a violation of this section is guilty of a misdemeanor punishable by a fine of one thousand dollars ($1,000.00) or by imprisonment in the City jail for a term of six months, or by both such fine and imprisonment. In addition to any other punishment, the court shall order restitution to the City of North Las Vegas for damage or loss caused directly or indirectly by the defendant's offense in an amount to be determined by the court. (Ord. 1856 § 2 (part), 2003)

North Las Vegas Municipal Code § 8.40.060 Reward for information leading to arrest of perpetrator.

8.40.060 - Reward for information leading to arrest of perpetrator. A. The city will pay to any person who provides information which leads to the arrest and conviction of any person who applies graffiti to any building, fence, wall, rock, bridge, gate, tree, landscaping, or other structure a reward in the amount of two hundred fifty dollars ($250.00). B. The reward shall be paid to the person who provides such information immediately upon the conviction of the person so arrested. (Ord. 1856 § 2 (part), 2003)

North Las Vegas Municipal Code § 8.40.070 Responsible adult civil liability.

8.40.070 - Responsible adult civil liability. A. Any person who is responsible for the unlawful application of graffiti under Section 8.40.030 is liable civilly to a property owner or other person who is damaged thereby. B. Any act of a minor which results in the unlawful placement of graffiti on a building, fence, wall, rock, bridge, gate, tree, landscaping, or other structure shall be imputed to that minor's responsible adult for civil liability purposes including, but not limited to, civil damages and attorneys' fees incurred in connection with the civil prosecution of any such claim for damages. The responsible adult shall be jointly and severally liable with the minor for all civil damages and attorneys' fees. Such obligations shall be enforceable as a civil debt. C. This section in no way limits or narrows the liability of a responsible adult for acts of a minor pursuant to any other provision of law. (Ord. 1856 § 2 (part), 2003)

North Las Vegas Municipal Code § 8.40.080 City victim.

8.40.080 - City victim. In the event that graffiti is applied to any public or private property, and such graffiti is removed at the City's expense, the City then becomes the victim. The city is then entitled to receive damages as the result of prosecution or civil claim brought under this chapter. (Ord. 1856 § 2 (part), 2003) (Ord. No. 2702, § 6, 5-20-2015)

Source: City of North Las Vegas, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances?nodeId=TIT8HESA_CH8.40GRFetched: 11/1/2026