Park exclusions; penalty for violation.
Reno Administrative Code § 8.23.070
in effectSec. 8.23.070. - Park exclusions; penalty for violation.
(a) In addition to other remedies provided for violation of this Code, or of any of the laws of the State of Nevada, the City Manager, the director and the chief of police, or their designee, may exclude any person who violates any provision of law relating to behavior in a city park from that park in accordance with the provisions of this section.
(b) Nothing in this section shall be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the state or federal constitutions. However, a person engaged in such protected activity who commits acts that are not protected, but that violate applicable provisions of law, shall be subject to exclusion as provided by this section.
(c) An exclusion issued under the provisions of this section shall be for 90 days. If the person to be excluded has been excluded from any park at any time within two years before the date of the present exclusion, the exclusion shall be for 120 days. If the person to be excluded has been excluded from one or more parks on two or more occasions within two years before the date of the present exclusion, the exclusion shall be for 180 days.
(d) Before issuing an exclusion under this section, the issuing person shall first give the person a warning and a reasonable opportunity to desist from the violation. An exclusion shall not be issued if the person promptly complies with the direction and desists from the violation.
Notwithstanding the provisions of this subsection, no warning shall be required if the person is to be excluded for engaging in conduct that:
(1) Is classified as a felony or as a gross misdemeanor under any chapter of the Nevada Revised Statutes, or is an attempt, solicitation or conspiracy to commit any such felony or gross misdemeanor as defined in the Nevada Revised Statutes:
(2) Involves a controlled substance; or
(3) Has resulted in injury to any person or damage to any property; or
(4) Is conduct for which the person previously has been warned or excluded for committing in any park; or
(5) Constitutes a violation of any of the following provisions of this Code:
a. Chapter 8.06—Crimes Against Public Administration;
b. Chapter 8.08—Crimes Against Persons;
c. Chapter 8.10—Crimes Against Property;
d. Chapter 8.12—Public Peace except 8.12.033;
e. Chapter 8.16—Sections 8.16.020, 8.16.040, 8.16.060, and 8.16.090; or
f. Chapter 8.17—Misdemeanor Marijuana, Drug Paraphernalia and Related Offenses.
g. Chapter 8.23—Section 8.23.140, Carrying dangerous weapons.
(e) A person receiving such notice of exclusion may appeal to an administrative hearing officer in accordance with the provisions of Chapter 1.05 of this Code. The hearing officer shall uphold the exclusion if, upon the hearings officer's de novo review, the preponderance of evidence admissible under the provisions of Chapter 1.05 of this Code convinces the hearings officer that, more likely than not, the person in fact committed the violation, and if the exclusion is otherwise in accordance with law.
(f) If an appeal of the exclusion is timely filed under Chapter 1.05 of this Code, the effectiveness of the exclusion shall be stayed, pending the outcome of the appeal. If the exclusion is affirmed, the remaining period of exclusion shall be effective immediately upon the issuance of the hearings officer's decision, unless the hearings officer specifies a later effective date.
(g) If a person is issued a subsequent exclusion while a previous exclusion is stayed pending appeal (or pending judicial review, should a court stay the exclusion), the stayed exclusion shall be counted in determining the appropriate length of the subsequent exclusion under section (c) above. If the predicate exclusion is set aside, the term of the subsequent exclusion shall be reduced, as if the predicate exclusion had not been issued. If multiple exclusions issued to a single person for a single park are simultaneously stayed pending appeal, the effective periods of those which are affirmed shall run consecutively.
(h) No person shall enter or remain in any park at any time during which there is in effect a notice of exclusion issued under this section excluding that person from that park.
(i) Any person who violates a notice of exclusion is guilty of a misdemeanor.
(Ord. No. 5652, § 1, 2-9-05; Ord. No. 5849, § 1, 6-28-06; Ord. No. 6183, § 1, 5-11-11; Ord. No. 6273, § 1, 1-16-13)
Source: City of Reno, Nevada, Administrative Code, City Charter and Annexation and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/nv/reno/codes/administrative_code?nodeId=PT2READCO_TIT8PUPESAMO_CH8.23PARE_ARTIIIREPAREFA_S8.23.070PAEXPEVIFetched: 11/1/2026