Title 9

                         DOUGLAS COUNTY CRIMINAL CODE


Chapters:

9.04 Interference with Public Officers.
9.08 Skier Responsibility Code.
9.12 Ski Lift Ticket Regulations.
9.16 Public Nudity.
9.20 Solicitation for Prostitution and Prostitution Offenses.
9.24 Offenses Against Public Peace.
9.26 Glass or Metal Containers Illegal on New Years.
9.28 Open Container of Alcoholic Beverage Unlawful in Stateline.
9.30 Glass or Metal Containers Illegal During Carson Valley Days Weekend
9.36 Offenses Against Property.
9.38 Destruction of Public Property.
9.42 Trespass on Land by Motor Vehicles.
9.44 Illegal Camping.
9.46 Graffiti as a Public Nuisance.
9.50 Illegal Dumping of Personal Property at Thrift Store.
9.64 Curfew.
9.65 Tattooing of Minors Prohibited.
9.66 Minors Consuming or Possessing Alcoholic Beverages.
9.68 Weapons.
9.70 Felon Registration.
9.72 Property in Custody of Sheriff.

Other Criminal Offenses
(Editor's note, Ordinance 95-693 deleted the existing Title 9 and enacted the following.)

 

Chapter 9.04

                                                      INTERFERENCE WITH PUBLIC OFFICERS

Sections:

9.04.010 Interference with actions of animal control officer.
9.04.020 Harassment of enforcement agency animal--Unlawful.
9.04.030 Harassment of enforcement agency animal--Penalty.

      9.04.010 Interference with actions of animal control officer.

      It is unlawful for any person to obstruct, interfere with, oppose or resist the animal control officer or any of his duly authorized assistants while engaged in performing any duty imposed by Title 6.   (Ord. 220 §10, 1974)   

      9.04.020 Harassment of enforcement agency animal--Unlawful.

      It is unlawful for any person to tease, harass or otherwise annoy any animal utilized or owned by the Douglas County sheriff's office or any other Douglas County law enforcement agency.   (Ord. 185 §1, 1971)   

      9.04.030 Harassment of enforcement agency animal--Penalty.

      Any person who violates section 9.04.010 or section 9.04.020 is guilty of a misdemeanor.   (Ord. 645, 1994; Ord. 185 §2, 1971)   

Chapter 9.08

                                        SKIER RESPONSIBILITY CODE

Sections:

9.08.010 Definitions.
9.08.020 Assumption of risks.
9.08.030 Skier duties.
9.08.040 Operator's notice of duty.
9.08.050 Skiers in competition.
9.08.055 Prohibition against intoxication and use of controlled substances; penalty.
9.08.060 Penalties for violations.

      9.08.010 Definitions.

      A. The inherent risks of skiing: Those dangers or conditions which are an integral part of the sport of skiing, snowboarding, snowshoeing, sledding, or any other winter sporting activities including, but not limited to, changing weather conditions, variation or steepness of terrain, snow or ice conditions, surface or subsurface conditions, whether man-modified or not, bare spots, creeks, gullies, rocks, forest growth or stumps, lift towers and other structures and their components, collision with other skiers and a skier's failure to ski within the skier's own ability.
       B. Injury: Any personal injury or property damage or loss suffered by a skier, ski area operator or ski area.
       C. Skier: Any person who is within the boundaries of a ski area for the purpose of engaging in the sport of skiing, alpine or nordic, snowboarding, snowshoeing, sledding, or any other winter sporting activities where a person travels the slopes of a ski area with the aid of a device, or any person who is within the boundaries of the ski area for the purpose of observing any skiing activity.
       D. Ski area: Any area designated and maintained by a ski area operator for the purpose of skiing, or for the observance of any skiing activity.
       E. Ski-area operator: Any corporation, person, or their agent, officer, employee or representative, who operates a ski area within Douglas County. (Ord. 1102, 2005; Ord. 693, 1995; Ord. 410, 1983)

      9.08.020 Assumption of risks.

      A. Any skier, or person who engages in the sport of skiing, snowboarding, snowshoeing, sledding, or any other winter sporting activities, or any person who is within the boundaries of a ski area for the purpose of observing any skiing activity, accepts and assumes the inherent risks of activity as they are reasonably obvious, expected or necessary.
       B. Any skier, or person who skis or snowboards in any area designated closed for skiing within the ski area assumes the inherent risks of the activity.
       C. Any person who skis or snowboards outside of a ski area boundary assumes the inherent risks of the activity, and is responsible for all costs arising out of search and rescue efforts made on their behalf. (Ord. 1102, 2005; Ord. 410, 1983)
 

      9.08.030 Skier duties.

      A. Skiers have the following duties:
          1. Skiers are the sole judges of the limits of their skills and their abilities to meet and overcome the inherent risks of skiing, and must maintain control of their speed and course to avoid injury to persons or property.
          2. Skiers must familiarize themselves with the posted information supplied by the ski-area operator on location and degree of difficulty of trails and slopes to the extent reasonably possible before skiing on any slope or trail.
          3. Skiers must not cross the uphill track of any surface lift except at points clearly designated by the ski area operator.
          4. Skiers must not overtake any other skier except in a manner to avoid contact with the overtaken skier, and must grant the right-of-way to the overtaken skier.
          5. Skiers must yield to other skiers when entering a trail or starting downhill.
          6. Skiers must use retention straps or other devices to prevent runaway skis or snowboards.
          7. Skiers must not board rope tows, wire rope tows, J-bars, T-bars, ski lifts or other similar devices unless they have sufficient ability to use the devices, and skiers must follow any written or verbal instructions that are given by the ski-area operator or representative regarding the use of the devices delineated in this section.
          8. Skiers, when involved in a skiing collision with another skier which results in bodily injury to the other skier, must not depart from the ski area without first leaving their names and addresses with the ski patrol or ski-area operator of the ski area where the injury occurred, or its designated agent. Any skier that violates this subsection is guilty of a misdemeanor.
          9. A skier who is bodily injured, if reasonably possible, must give notice of the injury to the ski-area operator before leaving the ski area.
         10. Skiers must not embark or disembark from a ski lift except at designated areas, or by the authority of the ski-lift operator.
         11. A skier, having used a ski lift or surface lift of a ski area, must no ski under a manmade barrier that is designed to prohibit a skier from entering a closed portion of the ski area or from leaving any part of the ski area. For the purpose of this section, a barrier may be designated by roping off an area. Any skier that violates this subsection is guilty of a misdemeanor.
       B. Any violation of the duties delineated in this section creates a presumption that the person violating the duty intended all the foreseeable consequences of the violation.
       C. A ski area operator may revoke the license or privilege of a person to ski or snowboard in a ski area who violates any of the provisions of this chapter. (Ord. 1102, 2005; Ord. 410, 1983)

      9.08.040 Operator's notice of duty.

       Ski-area operators must give notice to skiers of their duties as listed in section 9.18.030 in a manner reasonably calculated to inform skiers of those duties. (Ord. 1102, 2005; Ord. 410, 1983)  

      9.08.050 Skiers in competition.

       The ski area operator must, prior to the beginning of any skiing or snowboarding competition, allow each competitor a reasonable visual inspection of the course or area within which the competition is to be held. (Ord. 1102, 2005; Ord. 410, 1983)

      9.08.055 Prohibition against intoxication and use of controlled substances; penalty.

       A. A skier must not ski, snowboard, or embark on a ski lift while intoxicated from alcohol or under the influence of a controlled substance as defined in chapter 453 of NRS, unless in accordance with a prescription issued to the person by a physician, podiatric physician or dentist.
       B. A person who violates a provision of this section is guilty of a misdemeanor. (Ord. 1102, 2005; Ord. 693, 1995)
 

      9.08.060 Penalties for violations.

       A. Misdemeanor. Any person convicted of violating the provisions of subsections 9.08.030(A)(8), 9.08.030(A)(11) is guilty of a misdemeanor.
       B. Infraction. Any person convicted of violating the provisions of sections 9.08.030(A)(3), 9.08.030(A)(4), 9.08.030(A)(5), 9.08.030(A)(7), 9.08.030(A)(9) or 9.08.030(A)(10), is guilty of an infraction. (Ord. 1102, 2005; Ord. 693, 1995; Ord. 645, 1994; Ord. 410 §1, 1983)
  

 

Chapter 9.12

                                               SKI LIFT TICKET REGULATIONS

Sections:

9.12.010 Ski lift ticket regulations.
9.12.020 Presumptions and definitions.
9.12.030 Penalties.

      9.12.010 Ski lift ticket regulations.

      A. It shall be unlawful for any person to use or attempt to use any ski lift facility of a ski resort or area in Douglas County without first having paid to the proprietor or his representative the required fee.

      B. It shall be unlawful for any person, except a proprietor of a ski resort or area or his representative, to sell, resell or transfer a ski lift ticket to another person after having used it to gain access to any ski lift facility at a ski area within Douglas County.  (Ord. 693, 1995; Ord. 398 §1, 1982)  

      9.12.020 Presumptions and definitions.

      A. Evidence that any person sold, resold or transferred a ski ticket to any other person after having used it to gain access to any ski lift facility at a ski area within Douglas County shall be prima facie evidence that such person attempted to defraud the proprietor or his representative of the ski area.

      B. Evidence that any person purchased or received a ski lift ticket from any other person after that person has used the ski lift ticket to gain access to any ski area within Douglas County shall be prima facie evidence that the person purchasing or receiving attempted to defraud the proprietor or his representative of the ski area.

      C. As used in this chapter, the words resell, sell, or transfer shall mean any transfer of a ski lift ticket except for the original sale of a ski lift ticket by a ski lift area or the representative of the proprietor of a ski resort or area in Douglas County. The words purchased or received shall mean the transfer of a ski lift ticket to another person except when there is an original purchase of a ski lift ticket from the proprietor or his representative of a ski area within Douglas County.   (Ord. 693, 1995; Ord. 398 §1, 1982)  

      9.12.030 Penalties.

      Any person convicted of violating any provision of this chapter is guilty of a misdemeanor.   (Ord. 693, 1995; Ord. 398 § 1, 1982)  

 

Chapter 9.16

                                            PUBLIC NUDITY

Sections:

9.16.010 Unlawful.
9.16.020 Penalty.

      9.16.010 Unlawful.

      It is unlawful for any person to expose his or her private parts in any public place, or in any place to offend or annoy other persons present.   (Ord. 693, 1995; Ord. 313 §1, 1979)  

      9.16.020 Penalty.

      Any violation of the provision of this chapter constitutes an infraction.  All violators may be issued a citation stating the nature of the offense or may be charged with the criminal complaint. (Ord. 693, 1995; Ord. 313 §1, 1979)

 

Chapter 9.20

SOLICITATION FOR PROSTITUTION

AND PROSTITUTION OFFENSES

                                       


Sections:

9.20.010 Definitions.
9.20.020 Solicitation of prostitution--Unlawful.
9.20.030 Loitering for purposes of prostitution--Unlawful.
9.20.040 Abetting prostitution unlawful.
9.20.050 Penalties.

      9.20.010 Definitions.

      A. For the purpose of this chapter, prostitution means engaging in any sexual activity, including but not limited to, sexual intercourse, masturbation, fellatio, cunnilingus, sodomy, or other infamous crime against nature, or other sexual activity or conduct of a deviate nature, for compensation of any kind.

      B. For the purposes of this, chapter, solicitation of an act of prostitution means asking, appealing, entreating, inviting, imploring, luring, pleading, tempting, or otherwise importuning another to commit an act of prostitution.  (Ord. 693, 1995; Ord. 312 §1, 1979)  

      9.20.020 Solicitation of prostitution--Unlawful.

      A. It is unlawful in Douglas County for any person to accost, solicit or invite another in any public place, or in or from any building or vehicle by word, gesture or any other means to commit, offer, agree, or afford an opportunity to commit an act of prostitution.

      B. It is unlawful for any person to resort to an public place for the purpose of inducing, enticing, procuring or soliciting another to commit an act of prostitution.    

      9.20.030 Loitering for purposes of prostitution--Unlawful.

      A. It is unlawful for any person to loiter in or near any public place, quasi-public place or thoroughfare in a manner and under circumstances manifesting the purpose of inducing, enticing or soliciting another to commit an act of prostitution.

      B. Among the circumstances which may be considered in determining whether the purpose is manifested is that the person repeatedly beckons to, stops, attempts to stop or repeatedly engages persons passing in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture, or any combination of this chapter.

      C. No arrest shall be made for violation of this subsection unless the arresting party first affords the person an opportunity to explain his or her conduct. No one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose.  (Ord. 693, 1995; Ord. 312 §1, 1979)   

      9.20.040 Abetting prostitution--Unlawful.

      A. It is unlawful for any person to knowingly in any manner aid or abet any act of prostitution, which includes, but is not limited to:

            1. Securing or offering to secure another for the purpose of committing an act of prostitution; or

            2. Knowingly transport a person into or within the county with the purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or

            3. Knowingly receive, offer or agree to receive another into any place or building for the purpose of performing an act of prostitution, or to knowingly permit another to remain there for any such purpose; or

            4. Direct another to any place in the county for the purpose of committing an act of prostitution.

      B. It is unlawful for any person, partnership, firm, association or corporation to knowingly lease or rent any hotel, motel, building, house, apartment, office, room, premises or portion thereof to any person, partnership, firm, association or corporation to be used as, or for the purpose of using the premises for a place of prostitution or to knowingly suffer or permit the same to be used for prostitution.   (Ord. 693, 1995; Ord. 312 §1, 1979)  

      9.20.050 Penalties.

      Any person, partnership, firm, association or corporation violating any of the provisions of this chapter, is guilty of a misdemeanor.   (Ord. 693, 1995; Ord. 645, 1994; Ord. 312 §1, 1979)  

 

Chapter 9.24

                                           OFFENSES AGAINST PUBLIC PEACE

 

Sections:

9.24.010 Disturbing the peace.
9.24.020 Provoking commission of breach of peace.
9.24.030 Disorderly conduct.
9.24.040 Penalty.

      9.24.010 Disturbing the peace.

      It is unlawful for any person to maliciously and willfully disturb the peace of any neighborhood, person, or family by loud or unusual noises or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting.   (Ord. 303 §1, 1979; Ord. 292 §1, 1978)  

      9.24.020 Provoking commission of breach of peace.

      It is unlawful for any person to willfully provoke, or attempt to provoke, by word, sign or gesture, another person to commit a breach of peace.   (Ord. 303 §1, 1979; Ord. 292 §1, 1978)  

      9.24.030 Disorderly conduct.

      It is unlawful for any person to lie or sleep on any of the sidewalks, streets, alleys or in public places within Douglas County; or to disturb the peace and quiet of any person, family or neighborhood by drunkenness, or by making loud or unusual noises, or by loud, violent, or offensive language, or by boisterous, tumultuous, or offensive conduct, or by threatening, traducing, quarreling, or offering or challenging to fight, in any other way or manner whatsoever.   (Ord. 693, 1995; ord. 303, 1979)  

      9.24.040 Penalty.

      Any violation of the provisions of this chapter constitutes a misdemeanor and shall be punishable as set forth in section 1.08.010 of this code.   (Ord. 303 §1, 1979; Ord. 292 §1, 1978)  

 

Chapter 9.26

GLASS OR METAL CONTAINERS

ILLEGAL ON NEW YEARS

                                        


Sections:

9.26.010 Glass or metal containers illegal on New Years.
9.26.020 Confiscation.
9.26.030 Definition.
9.26.040 Penalties.

      9.26.010 Glass or metal containers illegal on New Years.

      It shall be unlawful for any person to use or possess any liquid container made wholly or partially of glass or metal between 6:00 p.m. on New Year's Eve and 6:00 a.m. on New Year's Day on any public street or in any open area or any area accessible to the public in the Stateline casino area.  This chapter does not apply to persons within an operating casino or hotel.   (Ord. 510, 1990)  

      9.26.020 Confiscation.

      The sheriff's department may confiscate any container in violation of this chapter.   (Ord. 510, 1990)     

      9.26.030 Definition.

      The Stateline casino area is that portion of Stateline, Nevada, which is bordered by Stateline Avenue on the south, Lower Lake Parkway on the west, Upper Lake Parkway on the east, and the intersection of U.S. Highway 50 and Upper and Lower Lake Parkways on the north, and includes that portion of U.S. Highway 50 between Upper and Lower Lake Parkway and the entrance to Lake Village, and the parking lots and areas open to the public and accessible to the public, adjacent to U.S. Highway 50.   (Ord. 510, 1990)  

      9.26.040 Penalties.

      Any violation of the provisions of this chapter is an infraction and shall be punished as set forth in section 1.08.010.   (Ord. 510, 1990)  

 

Chapter 9.28

OPEN CONTAINER OF ALCOHOLIC

BEVERAGE UNLAWFUL IN STATELINE

                                      


Sections:

9.28.010 Open container of alcoholic beverage unlawful.
9.28.020 Stateline casino area defined.
9.28.030 Posting of notice.
9.28.040 Confiscation.
9.28.050 Permit for waiver of ordinance.
9.28.060 Penalties.

      9.28.010 Open container of alcoholic beverage unlawful. 

      A. No person shall have in his or her possession or on his or her person, any bottle, can or other receptacle, containing any alcoholic beverage which has been opened, or the seal broken, or the contents of which have been partially removed, on any public street or sidewalk or open area, or in any outside area open to the public within the Stateline casino area unless a special event permit is issued.

      B. No person shall consume or have in his or her possession, on his or her person, any bottle, can or other receptacle, containing any alcoholic beverage within the boundaries of Nevada Beach on the Fourth of July or Labor Day.   (Ord. 879, 1999; Ord. 518, 1990)  

      9.28.020 Stateline casino area and Nevada Beach defined.

      A. The Stateline casino area is defined as that portion of Stateline, Nevada, which is bordered by Stateline Avenue on the south, Lower Lake Parkway on the west, Upper Lake Parkway on the east, and the intersection of U.S. Highway 50 and Upper and Lower Lake Parkways on the north, and includes that portion of U.S. Highway 50 between Upper and Lower Lake Parkway and the entrance to Lake Village, and the parking lots and areas open to the public and, adjacent to U.S. Highway 50. 

      B. Nevada Beach is defined as the United States Forest Service property designated as Douglas County assessor parcel number 07-02-001, excluding the campground and survey designation S. 89E56'08" W.-1,318.54' to N. 309.35'-310.2' to S. 25E33'34" E.-719.39' to S. 22E00'00" E.-1,780.60' to N. 89E56'08" E.-651.35' to P.S.N. 0E01'W.-983.96' to N. 0E01'17" W.-1,318.51', excluding the campground.   (Ord. 879, 1999; Ord. 518, 1990)  

      9.28.030 Posting of notice.

      A. Each business within the Stateline casino area with a liquor license shall post section 9.28.010 at the exits of those businesses.  This chapter does not apply to persons within an operating casino or hotel.      

      B. The Douglas County Sheriff, in cooperation with the United States Forest Service, shall post section 9.28.010(B) at main entrances at the Nevada Beach area.  In addition, any business with a liquor license may post section 9.28.010(B) in its place of business.  (Ord. 879, 1999; Ord. 518, 1990)  

      9.28.040 Confiscation.

      The sheriff's department may confiscate any container in violation of this chapter.   (Ord. 518, 190)  

      9.28.050 Permit for waiver of ordinance.

     Application to the liquor board may be made for a special events permit which waives provisions of section 9.28.010(A) up to seven days.  The application shall contain the same information as the license for an outdoor festival found in Douglas County Code section 5.12.040 and must be made 60 days prior to the scheduled event.  Upon receipt by the county clerk of a complete application the clerk shall set the application for hearing by the liquor board at least 15 days before the scheduled event.  The clerk shall promptly give notice of the hearing and copies of the application to the sheriff, county health officer, road superintendent, and director of community development who must investigate the application and report in writing to the board their recommendations on the granting or denial of the permit.   (Ord. 936, 2000; Ord. 879, 1999; Ord. 518, 1990)  

      9.28.060 Penalties.

      Any violation of the provisions of this chapter is an infraction and shall be punished as set forth in section 1.08.010.   (Ord. 518, 1990)  

                                                                                                                    Chapter 9.30

                                                                                        GLASS OR METAL CONTAINERS ILLEGAL
                                                                                       DURING CARSON VALLEY DAYS WEEKEND

                                      


Sections:

9.30.010 Glass or metal containers illegal during Carson Valley Days weekend.
9.30.020 Confiscation.
9.30.030 Definitions.
9.30.040 Penalties.

       9.30.010 Glass or metal containers illegal during Carson Valley Days weekend.
       A. Except as otherwise provided in subsection B, it is unlawful for any person to use or possess any liquid container made wholly or partially of glass or metal between 5:00 p.m. on the Friday before Carson Valley Days and 5:00 a.m. on the Saturday of Carson Valley Days on any public street or in any open area or any area accessible to the public in the unincorporated town of Gardnerville.
       B. Patrons of a restaurant may use or possess a liquid container made of glass until 9:00 p.m. on the Friday before Carson Valley Days provided that the use or possession is confined to the restaurant premises. Restaurant means the establishment described in subsection 20.660.110 (H) excluding drive-through service. (Ord. 1106, 2005)  

       9.30.020 Confiscation.
       The sheriff’s department may confiscate any container in violation of this chapter. (Ord. 1106, 2005)
  

       9.30.030 Definition.
       The unincorporated town of Gardnerville is that area of the county described in section 18.06.20 of this code. (Ord. 1106, 2005)
  

       9.30.040 Penalties.
       Any violation of the provisions of this chapter is an infraction and shall be punished as set forth in subsection 1.08.010(B) of this code. (Ord. 1106, 2005)
  

Chapter 9.36

                                       OFFENSES AGAINST PROPERTY


Sections:

9.36.010 Trespass on land or trespass in building of another after warning.
9.36.020 Penalty.

      9.36.010 Trespass on land or trespass in building of another after warning.

      A. It is unlawful for any person to go upon the land or into any building of another with intent to vex or annoy the owner or occupant, or to commit any unlawful act, or to willfully go or remain upon any land or in any building after having been warned by the owner or occupant not to trespass.

      B. Every owner or other occupant of any land is deemed to have given sufficient warning against trespassing, within the meaning of this section if the owner or occupant:

            1. Posts in a conspicuous manner on each side of the property upon or near the boundary, at intervals of not more than seven hundred feet, legible signs warning persons not to trespass; or

            2. Fences the area.

      C. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection B without lawful business with the owner or occupant of the property.

      D. As used in this section, fence means a barrier sufficient to indicate an intent to restrict the area to human ingress, including but not limited to a wall, hedge or chain link or wire mesh fence.   (Ord. 392 §1, 1978)  

      9.36.020 Penalty.

      Any violation of the provisions of this chapter constitutes a misdemeanor and shall be punishable as set forth in section 1.08.010 of this code.   (Ord. 392 §1, 1978)  

 

Chapter 9.38

                                             DESTRUCTION OF PUBLIC PROPERTY


Sections:

9.38.010 Destruction of highway-control devices.
9.38.020 Penalties.

      9.38.010 Destruction of highway-control devices.

      A. It is unlawful for any person to willfully or negligently tear down, dig up, or in any manner deface, destroy or carry away any guidepost, road marker, descriptive sign, traffic control device, railing or barricade located within Douglas County.

      B. It shall be prima facie evidence of destruction under this section when the person is cited for any traffic offense in the general area where the destruction has taken place and at the general time of the destruction whether or not the person is found guilty of the traffic offense.   (Ord. 357 §1, 1980)  

      9.38.020 Penalties.

      A. Every person violating this chapter is guilty of a misdemeanor.

      B. In addition to the criminal charges as set out in this chapter, the county has a cause of action against the person under this chapter for the amount expended for repair and replacement together with costs and expenses incurred in that action.   (Ord. 645, 1994; Ord. 357 §1, 1980)     

 

Chapter 9.42

                                            TRESPASS ON LAND BY MOTOR VEHICLES

Sections:

9.42.010 Definitions.
9.42.020 Trespass on land by motor vehicle--Prohibited.
9.42.030 Penalty for violations.

      9.42.010  Definitions.

      The words and phrases used in this chapter shall have the following meanings:

      A. Marked trail means a trail located in an area zoned to a density of not less than one dwelling unit per five acres or within fifteen hundred feet of a zoned area with posted signs which clearly indicate the owner's name and phone number and establish it as a motorcycle track or trail or snow vehicle trail.

      B. Motor vehicle means every vehicle which is self-propelled.

      C. Private roadway means a motor vehicle route clearly established between definite points on private land for the purpose of direct ingress and egress to and from a residence or business. It does not include motorcycle, snow vehicle or other routes, ways, tracks or trails used for recreational riding.   (Ord. 411 §1, 1983)    

      9.42.020 Trespass on land by motor vehicle--Prohibited.

      A. It is unlawful to drive a motor vehicle upon the land of another without the person's written permission.

      B. This chapter does not apply to private roadways or marked trails.

      C. This chapter shall not be construed to enlarge upon or grant permission or authority to enter public or private land.   (Ord. 411 §1, 1983)  

      9.42.030 Penalty for violations.

      Any person violating or failing to comply with section 9.42.020 is guilty of a misdemeanor.   (Ord. 693, 1995; Ord. 411 §1, 1983)  

 

Chapter 9.44

                                               ILLEGAL CAMPING


Sections:

9.44.010 Definitions.
9.44.020 Purpose.
9.44.030 Illegal camping.
9.44.040 Penalty for violations.

      9.44.010 Definitions.

      A. Camp, as used in this chapter, means to sleep, lodge, or otherwise remain overnight temporarily in the open or in a tent or other temporary shelter with or without a camp fire or camp stove or other camp heating device.

      B. Designated campground, as used in this chapter, means a campground, camp area, or RV (recreational vehicle) park designated as such by any local, state, or federal agency.  Designated campground also means a campground, camp area, or RV (recreational vehicle) park privately owned or operated designated or zoned as such by any local, state, or federal agency.

      C. Lake Tahoe area, as used in this chapter, means that portion of Douglas County, Nevada, which borders California to the west and south, Carson City to the north, and Foothill Road, Jacks Valley Road, and U.S. Highway 395 to the east.   (Ord. 572, 1992)  

      9.44.020 Purpose.

      This chapter is designed to protect the environmentally sensitive Lake Tahoe area from degradation and forest fire by restricting camping and camp fines to designated campgrounds which are known to fire fighters and park rangers.   (Ord. 572, 1992)  

     9.44.030 Illegal camping.

      No person shall camp in any portion of the Lake Tahoe area except in designated campgrounds.  (Ord. 617, 1993; Ord. 572, 1992)    

      9.44.040 Penalty for violations.

      Any person convicted of violating this chapter is guilty of a misdemeanor.   (Ord. 690, 1995; Ord. 572, 1992)  

 

Chapter 9.46

                                                 GRAFFITI AS A PUBLIC NUISANCE

Sections:

9.46.010 Declaration of purpose.
9.46.020 Definition.
9.46.030 Graffiti prohibited.
9.46.040 Entrance by sheriff's officers and investigation.
9.46.050 Removal of graffiti.
9.46.060 Graffiti subject to abatement.

      9.46.010 Declaration of purpose.

      The board of county commissioners finds and declares that:

      A. The increase of graffiti on buildings, structures, and in other places is creating a condition of blight within Douglas County which results in the deterioration of property and business values for adjacent and surrounding properties all to the detriment of the county; and

      B. A portion of the graffiti now appearing is related to the activities of youth gangs and the prompt elimination of this graffiti from public view will contribute to the county's efforts to control and minimize the presence of youth gangs within the community; and

      C. The graffiti is obnoxious and a public nuisance which must be abated in order to avoid the detrimental effect of this graffiti in the county and to prevent the spread of graffiti.   (Ord. 690, 1995; Ord. 566, 1992)  

      9.46.020 Definition.

      Graffiti as used in this chapter means the unauthorized spraying of paint, or making of ink, chalk, dye, or other similar substance on public or private buildings, structures and other places.   (Ord. 690, 1995; Ord. 566, 1992)    

      9.46.030 Graffiti prohibited.

      A person shall not write, paint, or draw upon any wall, rock, bridge, building, fence, gate, or other structure, tree, or other real or personal property either publicly or privately owned, any drawing, inscription, figure or mark of the type which is commonly known and referred to as graffiti without the permission of the owner or operator of the property.   (Ord. 690, 1995; ord. 566, 1992)  

      9.46.040 Entrance by sheriff's officers and investigation.

      Upon detecting the existence of graffiti upon private property, which is visible from any area open to the public, a sheriff's officer may, at any reasonable hour, enter the private property within his jurisdiction for the purpose of inspecting and documenting the existence and nature of the graffiti and determining the ownership of the premises on which the graffiti is located.   (Ord. 690, 1995; Ord. 566, 1992)    

      9.46.050 Removal of graffiti.

      Graffiti shall be removed by any one of the following methods:

      A. If the graffiti is applied by a juvenile, the parents or legal guardian of the juvenile shall be responsible for the removal of the graffiti;

      B. If the sheriff determines that the graffiti is located on a public or privately owned structure on public or privately owned real property within the county so as to be capable of being viewed by a person using any public right-of-way in the county, he or his designated representative may provide for the removal at county expense without reimbursement from the property owner upon whose property the graffiti has been applied if:

            1. The painting or repair is confined to removing or obliterating the graffiti, only:

            2. The structure is owned by a public entity other than the county, and removal of the graffiti is authorized with the consent of the public entity having jurisdiction over the structure; or

            3. The structure is privately owned, the removal by the county may be authorized only after securing consent and waiver of liability from the owner or pursuant to section 9.50.060 if the property owner cannot be located or refuses to cooperate.   (Ord. 690, 1995; Ord. 566, 1992)  

      9.46.060 Graffiti subject to abatement.

      Graffiti located on privately owned structures or privately owned real property within the county, that is capable of being viewed by a person using any public right-of-way in the county, may be abated by the county at the owner's expense as a public nuisance pursuant to the provisions of NRS 244.360 and related provisions contained in sections 8.14.060 to 8.14.120, inclusive.   (Ord. 690, 1995; Ord. 566, 1992)  

Chapter 9.50

ILLEGAL DUMPING OF PERSONAL
                                       PROPERTY AT THRIFT STORE


Sections:

9.50.010 Illegal dumping of personal property at thrift store.

       9.50.010 Illegal dumping of personal property at thrift store.
       A. It is unlawful for any person to deposit or dump or cause to have deposited or dumped any item of personal property at a thrift store site at any time other than when the thrift store is open for business to the general public and is accepting donations.
       B. For the purpose of this section, thrift store means any business of a commercial nature or charitable organization, which utilizes donated items as the basis for their inventory for resale to the general public.
       C. Anyone violating the terms of this section is guilty and shall be punished as follows:
           1. For the first offense for an infraction and a fine of not less than $500;
           2. For the second or subsequent offense, for a misdemeanor.
           3. In addition to the above penalties, anyone convicted under these provisions must pay restitution for all costs associated with removal of the personal property. (Ord. 1104, 2005)  

Chapter 9.64

                                           CURFEW


Sections:

9.64.010 Curfew.
9.64.020 Parental or guardian responsibility.
9.64.030 Violation--Penalty.

      9.64.010 Curfew.

      It is unlawful for any juvenile under the age of eighteen years old to loiter, idle, wander, stroll, or play in or on the public streets, highways, roads, alleys, parks, playgrounds or public buildings, places of amusement and entertainment, or vacant lots within the county between the hours of ten p.m. and six a.m. any evening preceding a scheduled school day of the Douglas County Unified School District and between the hours of twelve a.m. and six a.m. of any Saturday, Sunday or other non-school day of the Douglas County Unified School District.  This section does not apply to a juvenile accompanied by his or her parent, guardian, or other responsible adult having the care or custody of the juvenile, or where the juvenile is on an emergency errand or legitimate business directed by his or her parent, guardian, or other responsible adult having the care or custody of the juvenile.  This section does not apply to a juvenile returning home from a function of the Douglas County Unified School District for one-half an hour after that school function ends.   (Ord. 576, 1993; Ord. 206 §1, 1973)  

      9.64.020 Parental or guardian responsibility.

      It is unlawful for the parent, guardian or other responsible adult having care or custody of a juvenile under the age of eighteen years old to permit the juvenile to loiter, idle, wander, stroll, or play in or on the public streets, highways, roads, alleys, parks, playgrounds, or other public places, and public buildings, places of amusement or entertainment, or vacant lots within the county between the hours of ten p.m. and six a.m. of any Saturday, Sunday, or other non-school day of the Douglas County Unified School District.  This section does not apply to a juvenile accompanied by his or her parent, guardian, or other responsible adult having the care or custody of the juvenile, or where the juvenile is on an emergency errand or legitimate business directed by his or her parent, guardian, or other responsible adult having the care or custody of the juvenile.  This section does not apply to a juvenile returning home from a function of the Douglas County Unified School District for one-half an hour after that school function ends.   (Ord. 576, 1993; Ord. 206 §2, 1973)  

      9.64.030 Violation--Penalty.

      A. Any juvenile in violation of this chapter may be subject to the jurisdiction of the juvenile court as provided under NRS 62.040.  

      B. Any parent, guardian, or other responsible adult having the care or custody of a juvenile violating this chapter is guilty of a misdemeanor.    (Ord. 645, 1994; Ord. 576, 1993; Ord. 206 §3, 1973)   

 

Chapter 9.65

                                                 TATTOOING OF MINORS PROHIBITED


Sections:

9.65.010 Tattoo defined.
9.65.020 Tattooing of minors prohibited.
9.65.030 Penalties.

      9.65.010 Tattoo defined.

      Tattoo, as referred to in this chapter, means to prick or mark the skin with any indelible pigment.  (Ord. 670, 1994)  

      9.65.020 Tattooing of minors prohibited.

      It is unlawful for any person to tattoo a minor under the age of eighteen years old.   (Ord. 670, 1994)  

      9.65.030 Penalties.
      Any person, partnership, firm, association, or corporation found guilty of violating the provisions of this chapter shall be guilty of a misdemeanor for each act which constitutes a violation of this chapter.   (Ord. 670, 1994)      

 

Chapter 9.66

MINORS CONSUMING OR

POSSESSING ALCOHOLIC BEVERAGES

                                  


Sections:

9.66.010 Minor defined.
9.66.020 Alcoholic beverage defined.
9.66.030 Consumption or possession prohibited.
9.66.040 Penalty.

      9.66.010 Minor defined.

      Minor, as referred to in this chapter, means any person under the age of twenty-one years.   (Ord. 454 §1, 1986)  

      9.66.020 Alcoholic beverage defined.

      As used in this section, alcoholic beverage includes beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every other liquid containing one-half of one percent or more alcohol by volume.  (Ord. 454 §1, 1986)  

      9.66.030 Consumption or possession prohibited.

      It is unlawful for any person under the age of twenty-one years to consume, possess or to be under the influence of any alcoholic beverage. For the purposes of this chapter, under the influence means any detectable level of alcohol as evidenced by a preliminary breath test, a breath test administered at the detention facility; a field sobriety test, or any other reliable method of determining whether a minor is under the influence of an alcoholic beverage. (Ord. 1076, 2004; Ord. 454 §1, 1986)    

      9.66.040 Penalty.

      Any minor violating any provision of this chapter is guilty of a misdemeanor. (Ord. 1076, 2004; Ord. 645, 1994; Ord. 454 §1, 1986)  

Chapter 9.68

                                            WEAPONS


Sections:

9.68.010 Definitions.
9.68.020 Findings and declarations.
9.68.030 Discharge of firearms.
9.68.040 Penalties.

      9.68.010 Definitions.

      A. Firearm, as used in this chapter, means any weapon, the discharge of which in the ordinary manner contemplated by its design and construction will, or is likely to cause injury, death or great bodily harm.

      B. Peace officer, as used in this chapter, means any person who lawfully carries a gun, pistol or other weapon in the course of his official duties.   (Ord. 384 §1, 1981)     

      9.68.020 Findings and declarations.

      The board of county commissioners finds and declares:

      A. That due to the general population increase in Douglas County, housing units are being constructed in rural areas where areas of open space are being maintained in their natural undeveloped state for recreational purposes.

      B. Recreation in Douglas County has traditionally included the use of firearms by the citizens of the county for use in recreational activity.

      C. The board of county commissioners finds and declares that the use of firearms in open areas around housing units constitutes a danger to the inhabitants of those housing units. To aid in the control of this danger, the board of county commissioners declares that it is necessary to regulate­late the use of firearms for the protection of the health, safety and welfare of the citizens of Douglas County.  (Ord. 384 §1, 1981)     

      9.68.030 Discharge of firearms.

      A. It shall be unlawful for any person to discharge any firearm, gun, pistol, rifle, shotgun or other firearm across any county road or highway.

      B. It shall be unlawful for any person to discharge any gun, pistol, rifle or other firearm with the exception of shotguns or air rifles within one thousand five hundred feet of any dwelling occupied by any other person or persons within Douglas County without the permission of the occupant.

      C. It shall be unlawful for any person to discharge any shotgun or air rifle within five hundred feet of any dwelling occupied by any other person or persons within Douglas County without the permission of the occupant.

      D. This section shall not apply to peace officers, nor to persons shooting in any regularly established and authorized rifle range, gun club or shooting gallery, nor to any person lawfully discharging a firearm in protection of life or property.   (Ord. 384 §1, 1981)  

      9.68.040 Penalties.

      Any person, partnership, firm, association or corporation found guilty of violating the provisions of this chapter shall be guilty of a misdemeanor for each and every act which constitutes a violation of this chapter.   (Ord. 645, 1994; Ord. 284 §1, 1981)  

 

Chapter 9.70

                                              FELON REGISTRATION


Sections:

9.70.010 Convicted person defined.
9.70.020 Convicts--Registration--Information required.
9.70.030 Convicts--Convicts--Change of residence.
9.70.040 Convicts--Photographing and fingerprinting.
9.70.050 Records confidential.
9.70.060 False statements.
9.70.070 Violation--Penalty.

      9.70.010 Convicted person defined.

      For the purpose of this chapter, the words convicted person are defined as follows:

      A. Any person who has been convicted of an offense punishable as a felony in the state or who has been convicted of any offense in any place other than the state which offense, if committed in the state, would be punishable as a felony;

      B. Any person who has been convicted in the state, or elsewhere, of the violation of any law, whether the violation is or is not punishable as a felony:

            1. Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Controlled Substances Act;

            2. Regulating or prohibiting the carrying, possession or ownership of any concealed weapon or deadly weapon or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm;

            3. Regulating or prohibiting the use, possession, manufacture or compounding of tear gas or any other gas which may be used for the purpose of temporarily or permanently disabling any human being.

      C. Any person convicted of a crime in the State of Nevada pursuant to the provisions of NRS 122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.040, 202.055, 202.200 to 202.230, inclusive, 202.2493, 212..170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 465.070 to 465.085, inclusive, 646.010 to 646.060, inclusive, or 647.110 to 647.145, inclusive, or chapter 462 of NRS, or convicted in any place other than the State of Nevada of an offense, which, if committed in this state, would have been punishable under one or more of those sections.

      D. Any person, whose conviction has been set aside in a manner provided by law, shall not be deemed a convicted person.   (Ord. 693, 1995; Ord. 87, 1947)     

      9.70.020 Convicts--Registration--Information required.

      A. It is unlawful for any convicted person to be or remain in Douglas County for a period of more than 48 hours without, during that 48 hour period, registering with the sheriff of Douglas County in the manner hereinafter prescribed.

      B. Any convicted person who does not reside in the county but who has a temporary or permanent place of abode outside the county and who comes into the county on five occasions or more during any thirty-day period, shall be subject to the provisions of this chapter.

      C. Provided, that any person who has once registered as a convicted person with the sheriff of Douglas County shall not be required to register again except as provided in section 9.70.030; provided further, however, that any person convicted of any of the crimes enumerated in subdivision C of section 9.70.010 shall register as provided in this section, regardless of whether he has previously registered as a convicted person by reason of his conviction of some crime other than those enumerated in section 9.70.010 (C).

      D. Every person required by this section to register shall do so by filing with the sheriff a statement, in writing, signed by the person, upon a form prescribed and furnished by the sheriff giving the following information:

            1. His true name and all aliases which he has used or under which he may have been known

            2. A full and complete description of his person;

            3. The kind, character and nature of each crime of which he has been convicted;

            4. The place where each of the crimes was committed and the place or places of conviction,

            5. The name under which he was convicted in each instance and the date of each conviction;

            6. The name, if any, and the location of each prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced;

            7. The location and address of his residence, stopping place, living quarters or place of abode in the county; if more than one residence, stopping place or place of abode, that fact must be stated and the location and address of each given;

            8. A statement of the kind of residence, stopping place or place of abode in which he resides, whether it is temporary or permanent, and whether it is a private residence, hotel, apartment house, or other building or structure;

            9. The length of time he has occupied each place of residence, stopping place or place of abode; and the length of time he expects or intends to remain in the county;

            10. Any other and further information as may be required by the sheriff for the purpose of aiding and assisting in carrying into effect the provisions and intent of this chapter.   (Ord. 693, 1995; Ord. 87 §2, 1947)    

      9.70.030 Convicts--Change of residence.

      Any convicted person, except a nonresident, who is required to register under the provisions of this chapter, who changes his place of residence, stopping place or living quarters, shall, within forty-eight hours after the change, and any nonresident mentioned in section 9.70.020(B) who has registered and changes his place of residence, stopping place or living quarters, shall, upon his next entry into the county after the change, notify the sheriff of Douglas County of the fact and furnish to the sheriff the address of his new residence, stopping place or living quarters in the same manner and with the same detailed information as is required in the filing of the original statement under the provisions of section 9.70.020.   (Ord. 87 §3, 1947)    

      9.70.040 Convicts--Photographing and fingerprinting.

      Each convicted person, at the time of registering and furnishing the information required by sections 9.70.020 and 9.70.030, shall be photographed and fingerprinted by the sheriff, who shall cause the photographs and fingerprints to be made a part of the record provided for by section 9.70.050.   Ord. 87 §4, 1947)   

      9.70.050 Records confidential.

      The statements, photographs and fingerprints required by this ordinance shall at all times be kept by the sheriff in a file separate and apart from other files and records maintained and kept by the sheriff's office, and shall not be open to inspection by the public or by any person other than a regular member of the sheriff's office. Any photograph or duplicates may be exhibited to persons other than member of the sheriff's department for the purpose of assisting in identifying perpetrators of any crime. Copies of the statements, photographs and fingerprints may be transmitted to the sheriff of any county in the state; to the head of any organized police department of any municipality in the state; to the head of any department of the state engaged in the enforcement of any criminal law of this state; to the head