Title 8

Sections:

8.08.010 Installation permit--Required of certain equipment.
8.08.020 Installation permit--Conformance required.
8.08.030 Air contaminant discharge--Restrictions.
8.08.040 Exceptions to provisions.
8.08.050 Penalties--Abatement.

8.08.010 Installation permit--Required of certain equipment.

No person, persons, firm, corporation, company or association shall hereafter construct, reconstruct, install or alter any fuel-burning equipment or any other equipment capable of emitting smoke, gas, vapor, dust or solid particles into the open air until an application for an installation permit, properly listing and identifying the equipment and stating the means provided or to be provided to assure compliance with this chapter, has been filed in duplicate in the office of the Douglas County building inspector, who is designated as the Douglas County air pollution control officer, and an installation permit has been issued by said inspector. (Ord. 163 §1, 1967)

A. Every person, persons, firm, corporation, company or association who discharges into the atmosphere from any single source of emission whatsoever any air contaminant or other material for a period or periods aggregating more than three minutes in any one hour which is as dark or darker in shade than that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke as described above, is guilty of a misdemeanor.

B. Every person, persons, firm, corporation, company or association who discharges from any source whatsoever such quantities of air contaminants or other material as shall cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which causes or has a natural tendency to cause injury or damage to business or property, is guilty of a misdemeanor.

C. In addition to any fine or other punishment which it may impose for the violation set forth in subsections A and B of this section, any court or magistrate before whom there may be pending any proceeding for a violation of this chapter may order an abatement of any nuisance found to exist.

D. Except as set forth in section 8.08.030, every person, persons, firm, corporation, company or association who constructs, reconstructs, installs or alters any fuel burning equipment or any other equipment capable of emitting smoke, gas, vapors, dust or solid particles into the open air without first obtaining an installation permit from the Douglas County building inspector, or who constructs, reconstructs, installs or alters any such equipment after having obtained an installation permit so that the same does not conform to the said installation permit, is guilty of a misdemeanor. (Ord. 645, §14, 1994; Ord. 163 §5, 1967)

Chapter 8.12

BURNING RESTRICTIONS

Sections:

8.12.001 Open burning defined.
8.12.010 Authority; Authorization--Required.
8.12.020 Burn barrels prohibited.
8.12.030 Hours prohibited--Extinguishment.
8.12.040 Exceptions to provisions.
8.12.050 Fire department--Extinguishment powers.
8.12.060 Waiver of provisions.
8.12.065 Burning of Trash, Waste or Toxic Material.

8.12.070 Violation--Penalty.

8.12.001 Open burning defined.

“Open burning” means any fire from which he products of combustion are emitted into the atmosphere without passing through a stack or chimney. (Ord. 938, 2000)

8.12.010 Authority; Authorization--Required.

The Fire Chief or his designee shall establish regulations for burning within the East Fork Fire District. No person shall kindle or maintain any fire for the purpose of weed abatement, conservation, disease control, game or forest management, personnel training, elimination of hazards, agricultural purposes and management, recreational, educational or ceremonial purposes or authorize any such fire to be kindled or maintained on any public or private land without first having obtained a permit from the fire agency having jurisdiction. The fire agency having jurisdiction must obtain appropriate air quality permit from Nevada department of environmental protection, bureau of air quality as required by NRS or the administrative codes. (Ord. 1093, 2003; Ord. 938, 2000; Ord. 189 §1, 1971)

8.12.020 Burn barrels prohibited.

The use of burn barrels is prohibited within the boundaries of Douglas County. (Ord. 938, 2000; Ord. 189, §2, 1971)

8.12.030 Hours prohibited--Extinguishment.

No fire shall be ignited before 9:00 a.m., and must be extinguished by 3:30 p.m. of that same day. Before igniting a fire, the permit holder must check with Douglas County Dispatch Center to confirm that burning is allowed that day. he Fire Chief or his designee shall determine on a daily basis whether burning will be allowed due to conditions and will notify the Douglas County Dispatch Center. (Ord. 1093, 2003; Ord. 938, 2000; Ord. 189 §3, 1971)

8.12.040 Exceptions to provisions.

Outdoor fires may be used for heating, cooking or branding in an appropriate approved fireplace or appliance at any time without permission. (Ord. 938, 2000; Ord. 189 §4, 1971)

8.12.050 Fire department--Extinguishment powers.

The fire agency having jurisdiction, its officers or agents may, without further process of law, extinguish or require to have extinguished any fire ignited or maintained in violation of the requirements of this chapter. (Ord. 938, 2000; Ord. 189 §6, 1971)

8.12.060 Waiver of provisions.

The provisions of this chapter may be waived under extraordinary circumstances but only by the written authorization from the fire chief of the fire agency having jurisdiction or his authorized deputies. (Ord. 938, 2000; Ord. 189 §7, 1971)

8.12.065 Burning of Trash, Waste, Rubbish or Toxic Material.

The burning of garbage, rubbish, waste, toxic material, construction debris, plastics or other hydrocarbon products or fuels is prohibited. (Ord. 1039, 2003)

8.12.070 Violation--Penalty.

Any person who violates any provision of this chapter is guilty of a misdemeanor, and is responsible for all costs of fire suppression associated with the violation of this chapter. (Ord. 1039, 2003, Ord. 938, 2000; Ord. 645, §15, 1994; Ord. 189 §5, 1971)

A. Abandoned vehicle means any vehicle, or part thereof, which is either:

1. A vehicle to which the registered owner has relinquished all further dominion and control; or

2. A vehicle which is inoperative under conditions indicating the owner has no intention of restoring the vehicle to operating condition. A vehicle without a valid registration currently in effect will be presumed to be an abandoned vehicle.

B. Garbage as used in this chapter, means kitchen and table refuse, offal, swill, and other accumulations of animals, vegetables and other matters that attends the preparation and consumption, decay, or dealing in, or storage of meats, fish, fowl, birds, fruits and vegetables.

C. Rubbish as the word is used in this chapter, includes and means wood, leaves, dead trees, or the branches of trees, chips, shavings, sawdust, wooden ware, printed matter, paper, boxes, grass, rags, straw and all combustible matter not included in this chapter under the term "garbage."

D. Waste matter as used in this chapter, means natural soil, earth, sand, clay, gravel, loam, manure, stones, bricks, plaster, cement, crockery, glass, glassware, ashes, metals, tin containers and all other noncombustible materials. (Ord. 328 (part), 1980; Ord. 232 (part), 1975)

A. By personal service thereof upon the owner, occupant or person in charge and control of the property;

B. By mailing the notice by certified mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment role, or as otherwise known; or

C. By posting the notice at a conspicuous place on the property or abutting public right-of-way and insertion of an advertisement at least once a week for a period of two weeks in a newspaper of general circulation in the county. The newspaper advertisement shall be a general notice that the property in the county has been posted in accordance with this chapter, and it shall contain a general statement of the effect of such postings. The date of such newspaper advertisement shall not be considered in computing the appeal periods provided by this chapter. (Ord. 328 (part), 1980)

B. The county clerk shall thereupon set the account and report for hearing by the county commissioners at the first regular or adjourned meeting thereof which will be held at least seven calendar days after the date of filing, and shall post a copy of said report and account and notice of time and place of hearing thereon in a conspicuous place in the Douglas County courthouse.

C. The county commissioners will consider the report and account at the time set for hearing, together with any objections or protests by any person or persons interested therein who presents a written or oral protest or objection to said report and account. At the conclusion of the hearing, the county commissioners will either approve or disapprove the report and account as submitted, or as modified or corrected by the county commissioners. The amount so approved will be liens upon the respective lots or premises affected, and the county commissioners will adopt a resolution assessing said amounts as liens upon the respective parcels of land as they are shown upon the last available assessment role, and determining that such garbage, rubbish, waste matter or abandoned vehicle, etc., did constitute a public nuisance. It will be the duty of the head of the department of building and safety or his authorized representative to see that said lien is filed.

D. The county clerk may accept payment of any amount due at any time prior to the county commissioners' hearing, as called for in subsection B of this section. (Ord. 328 (part), 1980)

1. The state fire marshall has licensed the person displaying the fireworks; and

2. The applicant has submitted the proposal to the appropriate fire district and the fire district has reviewed the proposed display and has approved the display with any changes or conditions necessary to eliminate fire hazards and protect the public safety; and

3. The applicant has submitted the proposal to the county manager (or his designee), and the manager has reviewed and approved the proposed display. The manager's review may include issues of public safety, public welfare, fire hazards, crowd control, notice of the display to the public, disturbance to neighboring property or property owners, the frequency, size, and length of displays from the proposed location or nearby locations in the past or projected for the future, and any other matter deemed by the manager to be of concern. The approval or denial of an application by the manager shall be discretionary and shall be final. The manager may, however, in his sole discretion seek the guidance of the board of county commissioners in approving or denying a proposed display or may submit the application directly to the board for its decision.

B. The county manager may require forms for an application and may charge an appropriate, nonrefundable fee set by the manager for each application.

C. A public display of fireworks does not include indoor displays of fireworks. (Ord. 800, 1997; Ord. 560, 1992; Ord. 90 §2, 1952)

B. The county health officer shall be learned in sanitary science, public health practice and the diagnosis of infectious diseases.

C. His term of office shall be for two years or until his successor has been appointed and qualified.

D. For performing the duties prescribed by law, the county health officer shall receive such compensation as is fixed by the board of county commissioners, which compensation shall be four hundred dollars per month. The board of county commissioners is directed to allow a claim for four hundred dollars per month or for such greater sum as the board may deem proper for the work performed.

E. In the case of vacancy occurring in the office of county health officer, the board of county commissioners shall appoint a successor within thirty days of the time the vacancy occurred.

F. The county health officer shall be the executive officer of the county board of health, and may be county physician.

G. The county health officer is empowered to inspect for conditions that pose a threat to the health, welfare and safety of the public. If such condition is found to exist, including but not limited to those enumerated in section 8.14.010, and in the opinion of the county health officer it poses an immediate threat to the health, welfare or safety of the public, the county health officer may cause the reasonable and immediate abatement of such condition. If the threat is not immediate the county health officer shall notice the person, firm or corporation responsible to abate the condition immediately. If the person, firm or corporation fails to abate the condition the county health officer may cause the condition to be abated and collect by civil action the actual cost of abating the condition in addition to any other damages authorized by law. For purposes of this subsection the presumptions contained in section 8.14.020 shall apply. (Ord. 291-A §1, 1978; Ord. 278 §1 (part), 1977)

A. To abate nuisances in accordance with law;

B. To establish and maintain an isolation hospital or quarantine station when necessary;

C. To restrain, quarantine and disinfect any person sick with or exposed to any contagious or infectious disease dangerous to the public health;

D. To appoint quarantine officers when necessary to enforce quarantine; and shall provide whatever medicines, disinfectants and provisions which may be required; and shall arrange for the payment of all debts or charges so incurred from any funds available; but each patient shall, if able, pay for his food, medicine, clothes and medical attendance;

E. Subject to the prior review and approval of the county commission, to adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from such board pursuant to state law or ordinance adopted by any political subdivision. Such fees shall be for the sole purpose of defraying the costs and expenses of the licensing and permit procedures and

investigations related thereto and not for general revenue purposes. (Ord. 278 §1 (part), 1977)

Chapter 8.28

SIFTING OR LEAKING LOADS

A. Garbage includes, but is not limited to, any refuse from the kitchen table, offal, swill, accumulation of animal waste, vegetables or other matter attending the preparation, consumption, dealing in or storage of meats, fish, fowl, birds, fruits or vegetables.

B. Rubbish includes, but is not limited to, wood, leaves, dead trees, plants or weeds, branches of trees, brush or shrubs, wood chips, shavings or sawdust, printed matter, paper, boxes, grass clippings, rags, straw and all combustible matter which is not garbage.

C. Vehicle includes, but is not limited to, every

device operated in or upon any highway, roadway or street by which any person or property is or may be transported or drawn.

D. Waste matter includes, but is not limited to, natural soil, earth, sand, clay, gravel, loam, manure, stones, bricks, plaster, cement, crockery, glass, glassware, ashes, metals, tin containers and all other noncombustible materials. (Ord. 323 §1 (part), 1980)

B. The indigent services office shall secure the following:

1. An application from the victim containing all information surrounding the sexual assault;

2. An affidavit from the victim that conforms to the requirements of NRS 217.310;

3. All hospital records and bills concerning the incident;

4. All police records concerning the incident; and

5. Any other pertinent information, such as a criminal complaint.

C. The indigent services office shall review all applications and supporting information for counseling and medical treatment to determine that the following requirements have been satisfied:

1. The applicant is a victim of sexual assault, spouse, or the parent or guardian of a victim;

2. The sexual assault occurred in the county;

3. The victim requires medical treatment for physical injuries, or the victim or spouse has suffered emotional trauma as a result of the sexual assault;

4. A crime report has been filed with the appropriate law enforcement agency;

5. The application for treatment is made within 60 days after the date of the sexual assault;

6. The sexual assault was reported to the sheriff's office within three days after its occurrence, or if the offense could not reasonably have been reported within that period, within three days after the time when a report could reasonably have been made; and

7. The physician treating the victim of sexual assault for physical injury sustained, or the psychologist, psychiatrist or counselor treating the victim or the victim's spouse for emotional trauma suffered as a result of the sexual assault shall certify that the counseling or medical treatment is directly related to the sexual assault.

D. If the conditions of subsection C of this section have been satisfied, the indigent services office shall furnish the county board of commissioners with a report indicating same and requesting board approval or the board may authorize indigent services to approve the application without having been previously approved by the board. (Ord. 431 §1 (part), 1985)

B. Board means the county commissioners of the county of Douglas.

C. Coroner means the sheriff appointed pursuant to section 8.40.020 his deputies and assistants.

D. County means the County of Douglas, State of Nevada.

E. Inquest means an inquiry before a coroner's jury in the manner specified in this ordinance.

F. Inspection or postmortem examination includes any external examination or collection of any specimen by a pathologist, physician or the coroner and any microscopic, toxicological, chemical, bacterial or the examination or collection and study of tissues and fluids, which the coroner deems necessary to aid him in investigating the cause and manner of a persons death.

G. Investigation means an inquiry by the coroner including testimony obtained under oath from any witnesses.

H. Law enforcement official includes the sheriff, his deputies and assistants and the district attorney and his deputies and special investigators.

I. Medical examiner means a physician licensed to practice medicine in the State of Nevada.

J. Record means any report summarized by the coroner for public inspection.

K. Report means a compilation of findings which are filed in the coroner's office in written form, detailed medical reports, the personal history of a deceased person, the result of any medical examination, witnesses' statements, correspondence and findings placed in the coroner's report all of which are not public records.

L. Toxicologist means a person with the special knowledge and skills in the science of toxicology or the study of poisons, chemicals, drugs and other toxic substances and their effect on the human body. A toxicologist also has special knowledge of the medical, legal and industrial problems dealing with toxicology. (Ord. 724, 1995)

A. The coroner shall keep an official record in which he shall enter:

1. The name and any alias of the deceased, when known, including such description as may be sufficient for identification. The description may include fingerprint records.

2. A narrative summary of the events leading to and surrounding the death of the deceased and transportation of the body, together with the names and addresses of any witnesses to such events.

3. A list of property taken from the person or premises of the deceased by the coroner or by any peace officer.

4. The date and cause of death, when known.

5. Information as to the disposition of the deceased remains.

6. A list of the person notified of the death, together with a notation of any unsuccessful attempts at notification.

7. The date of the holding of any inquest.

8. The disposition of the property of the deceased made by the coroner.

B. In any case of death apparently caused by criminal means, and upon request of law enforcement officials, the coroner's narrative summary shall be prepared in such a manner as to prevent the unauthorized discovery or inspection of the:

1. Reports, memoranda or the internal documents received from and made by those officials in connection with their investigation of the death or with the prosecution of any person responsible therefore.

2. Statements made by any witnesses or prospective witnesses to those officials until such time as the person criminally accused has been acquitted of the charge or charges, or until such time as he has exhausted his rights to appeal his conviction.

C. The coroner shall make his official record available for public release and inspection as soon as practicable after receipt thereof. That information may be fully copied or an abstract or memorandum may be prepared therefore.

D. The autopsy report and medical records of the decedent will not be subject to public release and inspection.

E. Any information not contained in the coroner's official record may be obtained by:

1. Law enforcement officials carry out their official duties.

2. A decedent's next of kin not suspected of causing the death by criminal means or by other persons with the written authorization of next of kin.

3. Lawful process issued by a court of competent jurisdiction. (Ord. 724, 1995)

1. Death apparently due, entirely or in part to a factor other than natural disease, These include homicidal, or accidental deaths or deaths due in part to remote or recent trauma, chemicals, violence, or mechanical thermal, electrical or radiational injury.

2. Unattended death, persons found dead, or sudden unexpected death not caused by readily recognized disease.

3. Deaths wherein the deceased has not been attended by a physician in the thirty days before death, was not pronounced dead by a registered nurse pursuant to NRS 440.415, or was not diagnosed by a physician as having an anticipated life expectancy of not more than six months.

4. Death occurring during the course of hospitalization of less than twenty-four hours duration.

5. Death occurring while a person is under general or local anesthesia or death occurring within an operating or recovery room.

6. Death alleged to have been caused iatrogenically (medical accident), or by medical malpractice.

7. Death apparently caused by acute or chronic alcoholism, narcotics, or by the effects of other drugs or agents, including any death in which the diagnosis is suspected to be homologous serum jaundice, agranulocytosis, aplastic anemia or any other possible complication of drug therapy or toxic exposure.

8. Death occurring while a person is in a place of incarceration or under sentence, or within the custody of peace officers, including deaths of inmates of public institutions hospitalized therein for treatment other than for organic disease.

9. Death due to abortion or childbirth.

10. Stillbirths of fetuses of 20 or more weeks gestation if unattended by a physician.

11. Death apparently due to neglect, exposure or starvation.

12. Death in a nursing home or other institution without recent (within thirty days) attendance.

13. Death apparently due to an infectious or contagious disease or other hazards to the public health if the diagnosis and extent of the disease are undetermined at the time of death.

14. Death which is possibly attributable to environmental exposure or which may be related to the decedent's occupation.

15. Death of any child under 18 years of age where medical history has not established some pre-existing condition consistent with sudden death.

16. Deaths wherein the next of kin is unknown and the remains are unclaimed.

17. Death in which the deceased had been under a physician’s care under the conditions set forth in NAC 440.170 (had seen the physician professionally within thirty days preceding death, was pronounced dead by a registered nurse pursuant to NRS 440.415, or was diagnosed by a physician as having an anticipated life expectancy of not more than six months), but the cause of death was unrelated to the purpose for which the deceased consulted the physician.

C. Whenever the coroner conducts an investigation pursuant to this section and before he signs a death certificate, he shall determine the cause and manner of death and shall sign and certify the cause of death on the death certificate or shall certify that the cause of death cannot be determined with reasonable medical certainty.

D. When reasonable grounds exist to believe that a death has been caused by the criminal act of another the coroner shall furnish all necessary assistance to the law enforcement agency having jurisdiction over the location where the body of the deceased is found. In such cases, the coroner's duty shall be to determine the cause and manner of the death and the duty of the law enforcement agency shall be to determine the identity of the person or persons responsible for the death and submit information to the appropriate prosecuting authority. (Ord. 941, 2000; Ord. 724, 1995)

A. Take possession of and inspect or examine the body of the deceased person and may perform an postmortem examination or complete autopsy. He may also exhume the body with any inspection or examination.

B. Collect and make, or cause to be made, analysis of the blood, body fluids or contents of the stomach, organs or tissues of the body and secure professional opinions as to the result of such analysis. Information gathered by such analysis shall be reduced to writing and filed by the coroner in his report of the death of the deceased person.

C. Collect or retain such tissues of the body removed at the time of an autopsy or postmortem examination as may be necessary or advisable to conduct a proper investigation or for verification of the findings related to the deceased person's identity and the cause or manner of his death.

D. Hold an inquest. (Ord. 724, 1995)

A. The deceased has authorized such an autopsy in his will or by other written instrument.

B. Written authorization is provided by a person or on behalf of an entity whom the deceased designated in writing during his lifetime to take charge of his body for burial or other purposes.

C. Written authorization is provided by the deceased's surviving spouse.

D. Written authorization is provided by a surviving adult child or parent of the deceased.

E. Written authorization is provided by a surviving brother or sister of the deceased.

F. Written authorization is provided by any other relative of the deceased or other person who has acquired the right of control of the disposition of the remains.

G. Written authorization is provided by the district attorney of the county.

H. Written authorization is provided by any other duly authorized public officer. (Ord. 724, 1995)

B. When the coroner deems it necessary, he may lock and seal any door and window of the structure in which the body of the deceased person is found. The structure shall remain so secured until such time as a legal representative o the deceased assumes responsibility for the ultimate disposition of the body. No person shall remove any such seal or enter upon any property bearing such a seal without the approval of the coroner. In securing the structure, the coroner shall take all necessary precautions to avoid interfering with any investigation being conducted by law enforcement agencies.

C. The coroner or the treasurer, as the case may be, shall:

1. Deliver the property to the public administrator for disposition according to law.

2. Give written notice to the public administrator of his intention to sell such property at public sale.

If within ten days after the giving of such notice the public administrator claims the property for disposition, the coroner or county treasurer shall deliver it to him. If the public administrator does not claim the property, the county treasurer may, after giving notice by posting at the county courthouse for at least ten days, sell the property at public sale and deposit the proceeds in the county treasury.

D. If the money deposited in the county treasury is demanded within six years, the county treasurer shall pay it to the person legally authorized to receive it. The money may also be paid at any time subsequent to the expiration of six years to the representatives of the deceased upon order of the board. (Ord. 724, 1995)