13.32.020 - Obstructions or encroachments within City rights-of-way.
(A) Except as otherwise provided in this Section or another provision of this Code, it is unlawful for any person to erect, place or maintain any obstruction, or to cause or permit any obstruction to encroach within, upon, or over any public right-of-way, including any public street, public sidewalk, or public alley. Each day any unauthorized obstruction is allowed to remain after ten days' notice to remove the obstruction shall constitute a separate offense. Such notice may be provided by:
(1) Any officer of the Las Vegas Metropolitan Police Department;
(2) Any officer or employee of the Department of Community Development or the Department of Public Works; or
(3) Any other officer or employee of the City who has been specifically authorized to enforce this Section.
(B) An obstruction otherwise prohibited by Subsection (A) may be permitted by means of an encroachment agreement approved by the City in accordance with this Section. The agreement must be in a form prepared by, or otherwise acceptable, to the City. Approval by the City of an encroachment agreement:
(1) Is entirely within the City's discretion;
(2) Is contingent upon a determination by the Director of Public Works (or designee) that the obstruction or encroachment can be accomplished without negatively impacting traffic, public safety, pedestrian safety, or the use of and access to utility facilities; and
(3) May be denied based on plans for future improvements to the affected right-of-way, street, sidewalk or alley.
(C) An encroachment agreement under this Section:
(1) May include conditions reasonably calculated to mitigate any impact, including without limitation a time limit, provisions regarding ongoing maintenance, and appropriate remedial measures; and
(2) May be required to be recorded against property that is benefitted by the agreement.
(D) Except as otherwise provided in Subsections (E) and (F), the approval authority for an encroachment agreement under this Section shall be the Director of Community Development (or designee). Typical items qualifying under this Subsection (D) include:
(1) Encroachments related to a Site Development Plan Review under Title 19;
(2) Encroachments for monitoring wells;
(3) Encroachments necessary for compliance with a building-related code; and
(4) Other minor encroachments related to signage, outdoor dining, landscaping, fencing, and similar minor intrusions into public right-of-way.
(E) The approval authority for the following items shall be the City Council:
(1) Encroachments which, in the judgment of the Director of Community Development (or designee), are of a significant nature, character or size so as to warrant consideration by the City Council; and
(2) Encroachments concerning which a member of the City Council, prior to administrative approval of an agreement pursuant to Subsection (D), has requested that the encroachment be considered by the City Council.
(F) In the case of encroachment agreements to be forwarded to the City Council for consideration pursuant to Subsection (E), the Director of Community Development (or designee) shall schedule the encroachment agreement for Council consideration at the next regular meeting of the City Council that is reasonably available.
(G) If the Director of Community Development (or designee) denies administrative approval of an encroachment agreement pursuant to Subsection (D), the person seeking encroachment approval may appeal the decision to the City Council within ten days after the denial decision is made. The appeal shall be in writing, shall be filed with the Director or designee, and shall state the factual basis for the appeal. The Director or designee shall schedule the matter for consideration by the City Council within thirty days following receipt of the appeal. The decision by the City Council shall be final.
(H) Encroachment agreements approved administratively pursuant to Subsection (D) shall be signed by the Director of Community Development (or designee). Agreements approved by the City Council shall be signed by the Mayor.
(I) Nothing in this Section shall apply to obstructions or improvements installed or made available:
(1) By or on behalf of the City, or pursuant to a franchise or formal regulatory action by the City; or
(2) By another governmental agency acting in accordance with an interlocal or cooperative agreement with the City, if the Director of Community Development determines that the provisions of that agreement are an adequate substitute for the requirements of this Section.
(J) For purposes of this Section, "obstruction" means a structure, installation, amenity or improvement of any kind. The term also includes a bicycle, scooter or similar means of conveyance that is made available for consumer use as part of a commercial enterprise. For purposes of this Section, as well as other provisions of this Title and the Municipal Code, "encroachment agreement" includes any document or agreement, however named, that by its terms authorizes an encroachment within or obstruction upon a public right-of-way. Any such document or agreement may be called an encroachment agreement, encroachment permit, occupancy agreement, occupancy permit, license agreement, or similar term, whether or not in each case preceded by the term "right-of-way," and designed in each case to correspond to the rights being granted. Unless otherwise provided in the document or agreement:
(1) The rights granted by, and limitations described in, the document or agreement are intended as, and shall be deemed to be, an exercise of the City's Charter authority and responsibility to regulate the use of public rights-of-way, prevent the unlawful use thereof, and minimize the extent to which they are encumbered by encroachments or obstructions.
(2) The rights granted by, and limitations described in, the document or agreement are not intended, and shall not be deemed to be, an exercise of the City's authority to convey an interest in land or to authorize any use of a public right-of-way that interferes with, or is inconsistent with, the principal purposes and intended use of that right-of-way.
(3) Any document identified as a license agreement or granting a license does not constitute a real property license as recognized at common law and shall be deemed to grant only those rights specified in the document.
(4) The document or agreement does not constitute or substitute for any building or construction-related permit that is otherwise required by or under the Municipal Code.
(K) The Director of Community Development (or designee) is authorized to create and disseminate such materials and publications as deemed necessary or appropriate in order to reduce confusion among the public and City staff regarding the relationship and roles of encroachment agreements under this Section and construction-related permits governed by other provisions of this Code.
(L) Except as otherwise provided in this Subsection (L), this Section does not apply to sidewalk vending operations in accordance with LVMC Chapter 6.96. However, this Section may be applied by the City regarding any vending activity that is not authorized by or in accordance with that Chapter.
(Ord. No. 6882, § 4, 10-16-24; Ord. No. 6816, § 125, 8-17-22; Ord. No. 6641, § 1, 9-5-18; Ord. No. 6267, § 1 9-4-13; 1949 code Ch. 32 § 71: prior code § 9-12-2)
