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6- 7 manner prescribed by the rabies control authority; or Upon the request of the owner of the dog, cat or ferret, euthanized. A domesticated animal of a rabies-susceptible species, other than a dog, cat or ferret, which is considered by the rabies control authority to have been in close contact with an animal suspected or known to have rabies, must be managed according to the discretion of the rabies control authority. As used in this section, "in close contact with an animal suspected or known to have rabies" means, within the past one hundred eighty (180) days, to have been bitten, mouthed or mauled by, or closely confined on the same premises with an animal either suspected or known to have rabies. PARTY RESPONSIBLE FOR PAYMENT OF QUARANTINED ANIMAL: The owner of an animal quarantined pursuant to the provisions of this chapter is responsible for all costs of quarantine, veterinary care, examination and disposal. RABIES CONTROL REPORTING REQUIREMENTS: The rabies control authority shall report all cases, suspected cases or carriers of rabies in accordance with NAC 441A.225 through 441A.260. 6.01.08: DISPOSITION OF REVENUE: All monies collected under this chapter, unless otherwise provided by the Council, shall be used to improve, keep up and/or maintain the animal control facilities or to defray the cost of implementing this chapter. 6.01.09: ANIMALS AT LARGE, EXCLUDING DOGS AND CATS ANIMALS KEPT ON PREMISES: Every person who is the owner of or has the care, custody or control of any livestock, poultry, rabbits or any other rodent, or any wild or domestic animal, excluding dogs and cats, in the city shall keep the same upon the premises under the control of such person, restrained by a fence, cage, coop, chain, leash or other adequate means so that the animal shall not leave the premises upon which it shall be kept. Any person who owns or has under his care or management any such animals and permits them, or any of them, to run at large within the boundaries of the City of Fernley shall be guilty of a misdemeanor. (ORD 2008-008) This section does not apply to, nor has any legal affect upon, the use of legally permitted livestock grazing rights. (ORD 2009-014) 6.01.10: DANGEROUS OR VICIOUS ANIMALS--DECLARATION. Except as otherwise provided in subsection B of this section: An animal may be declared dangerous by the animal control officer if it constitutes a physical threat to human beings or to other animals and, on two separate occasions within eighteen months: ---PAGE BREAK--- 6- 8 It behaves menacingly to a degree that would lead a reasonable person to defend himself against substantial bodily harm; or It bites a person, but without causing substantial bodily harm. An animal may be declared dangerous by the animal control officer if it constitutes a physical threat to human beings or to other animals and, without regard to any previous behavior: It is used in the commission of a crime by its owner or keeper; While either at large or restrained, it causes serious injury or death to another animal that is not at large or is not otherwise in violation of this title; or It exhibits a condition or behavior which causes the animal control officer to believe the animal is a threat to public safety. An animal may be declared vicious by the animal control officer if it constitutes a physical threat to human beings or to other animals and: It has killed or inflicted substantial harm upon a human being or other animal; or After having previously been declared dangerous, with notice of the declaration having been provided to the owner or keeper, it continues to exhibit the same type of behavior which resulted in the declaration, or is in violation of the provisions of this Section. EXCEPTIONS An animal may not be declared dangerous pursuant to this Section for constituting a physical threat: To another animal which, or person who, provoked the animal as a result of and to the extent of the provocation; To another animal which, or person who, was unlawfully upon premises owned or occupied by the owner or keeper of the animal constituting the threat; To another animal which was running at large or otherwise in violation of this title; or In connection with its use by law enforcement officers in the performance of their duties. An animal may not be declared vicious pursuant to this Section for constituting a physical threat: To another animal which, or person who, provoked the animal, as a result of and to the extent of the provocation; To another animal which, or person who, was unlawfully upon premises owned or occupied by the owner or keeper of the animal constituting the threat; or In connection with its use by law enforcement officers in the performance of their duties. 6.01.11: DANGEROUS OR VICIOUS ANIMALS--OWNERSHIP/AT LARGE UNLAWFUL. It shall be unlawful for: ---PAGE BREAK--- 6- 9 Any person to knowingly possess, house, shelter, quarter, own or in any other way have under his control, or to transfer ownership of, a vicious or dangerous animal within the city, except as provided in this chapter; or The owner, or any person having possession, custody or control, of a dangerous or vicious animal to permit the animal to be at large. 6.01.12: DANGEROUS ANIMALS--OWNERSHIP PERMITTED WHEN: Any animal which is declared to be dangerous by the animal control officer may be kept within the City, provided that: Within fourteen days after the owner or keeper is notified of the declaration, the area in which the owner or keeper intends to keep the animal must pass an inspection by the animal control officer, and the owner or keeper must obtain from the animal control officer a permit to keep the animal, based upon such terms and conditions as the animal control officer deems appropriate. A nonrefundable inspection fee of fifty ($50.00) dollars will be charged the owner or keeper. For purposes of this subsection, notice of the declaration shall be deemed complete if it is served personally, or upon mailing by certified mail, return receipt requested, sent to the last known address of the owner or keeper. The animal shall be kept, confined or housed within an enclosure: That will ensure the animal's retention and comfort, is of a size to permit the animal to stand upright, and is of a dimension deemed adequate by the animal control officer; and That is secure enough so that the animal cannot bite, harm or injure anyone by overreaching the top of the fence or other enclosure. At no time shall the animal be allowed to leave the private property confines of the owner or person in charge of the animal unless it is muzzled, leashed and under the effective control of an adult. The private property shall be adequately and properly posted with conspicuous warning signs, with a listing of the name and telephone number of the owner of the animal. The animal must be sterilized by a licensed veterinarian. The owner or keeper shall maintain all sterilization records, including the type of animal sterilized, the name of the veterinarian performing the procedure, and the date the sterilization was performed. The animal shall be implanted with an electronic microchip from a manufacturer approved by the animal control officer. The implantation must be performed by a licensed veterinarian and must conform to procedures recommended by the manufacturer. The owner or keeper shall register the microchip number in a national database in accordance with instructions from the manufacturer, and shall provide the number to the animal control officer. The owner or keeper shall obtain and maintain in effect a policy of liability insurance in the amount of not less than fifty thousand ($50,000.00) dollars insuring against possible injuries inflicted by the dangerous animal. The liability insurance shall be maintained in effect as long as the owner or keeper maintains possession of the dangerous animal. ---PAGE BREAK--- 6- 10 The owner of a dangerous animal may not sell, relocate or give away the animal without first obtaining prior written approval from an animal control officer. If such a transaction is approved, the owner or transferee shall pay a nonrefundable inspection fee of fifty ($50.00) dollars for inspection of the new location for the animal. The owner or transferee shall also have the national microchip number updated in the national database to reflect the change in ownership, and shall provide evidence of the update to the animal control officer. 6.01.13: PERMIT REVOCATION CONDITIONS. Any permit issued under this Section shall be revoked if the animal, without provocation, bites or attempts to bite any person or animal lawfully upon the permit holder's property or upon any other property. Any person who keeps a dangerous animal after his permit has been revoked or any person who keeps, houses, quarters, or in any way has under his care or custody a dangerous animal without first obtaining a permit as set forth in this Section is guilty of a misdemeanor. 6.01.14: CRIMINAL COMPLAINT The owner or keeper of any animal declared vicious by an animal control officer shall be notified by personal service or by certified mail, return receipt requested, sent to the last known address of the owner or keeper. Within ten days after notice has been served personally or deposited in the mail, the owner or keeper shall voluntarily transfer possession of the animal to the animal control officer and do one of the following: Voluntarily relinquish ownership of the animal for euthanasia in accordance with the provisions of Chapter 638 of the Nevada Revised Statutes and any regulations promulgated pursuant thereto, as amended from time to time; Provide written proof to the animal control officer that the animal has been euthanized by a properly licensed veterinary clinic; or File with the animal control officer a written request for hearing before the City Council to determine if the declaration that the animal is vicious should be upheld. The owner or keeper may not maintain possession of the animal during the hearing process. If a hearing is requested within the specified time period, the animal control officer shall convene the City Council no later than forty-five days after receipt of the written request for hearing. The City Council shall act expeditiously to decide the matter by a majority vote of its members and may: Uphold the vicious animal declaration; Recommend that the owner or keeper obtain a dangerous animal permit, if appropriate; or Take such other action as it deems appropriate. ---PAGE BREAK--- 6- 11 If the City Council upholds the vicious animal declaration, the animal control officer may proceed to destroy the animal, but not until at least ten days have elapsed from the date the owner or keeper receives notice of the decision. Within that ten-day period, the owner or keeper of the animal shall have the right to seek appropriate relief in the municipal court. As an alternative to the procedure set forth in subsections A through C of this section, the question of whether an animal should be declared vicious may be referred to the municipal court in connection with the filing and processing of a criminal complaint. The Animal Control Department shall hold an informal hearing and report its findings and recommendations to the court. If a defendant is found guilty of violating this title and the Animal Control recommends that the animal be destroyed, the court may order the destruction of the animal as part of the defendant's sentence. The court is not bound by any recommendations of the Animal Control Department and may in its discretion order that an animal be destroyed notwithstanding a contrary recommendation by the committee. (ORD 2009-012) 6.01.15: PENALTY: The violation of any section of this chapter is (as prescribed for) a misdemeanor. 6.01.16: REGULATIONS FOR THE POSSESSION AND SALE OF EXOTIC AND DANGEROUS ANIMALS. PERMIT REQUIRED: It is unlawful for any person to own, possess, keep, harbor, sell, bring, or have in one’s possession an exotic animal(s) within city limits without a permit issued by Fernley Animal Control and in abeyance of all state or federal statutes, which supersede this title. It is unlawful for the owner, possessor, or any other person in control of a lot, tract, or parcel of land within city limits or any residence or business premises situated thereon to knowingly permit any other person to be in possession of an exotic animal upon the property, residence or premises. APPLICATION: Shall consist of applicant's name, address, home and work numbers. Shall consist of an address where exotic animal is to be permanently sheltered, APN, and location of property. A pending application or an issued permit are non transferable. The application for a permit shall be reviewed and approved upon the following: An inspection of the site where the animal(s) will be kept. The animal(s) shall be kept in safe and humane area that meets applicable state and federal standards; Verification of applicable state or federal licenses; and Verification of veterinary records. ---PAGE BREAK--- 6- 12 TERMS AND CONDITIONS: Permit will remain valid and in force for as long the permit holder owns the animal. Permit voids when applicant or animals address changes. A new permit then shall have to be applied for and obtained. The City of Fernley shall perform bi-annual inspections of permitted premises to evaluated sanitary, housing and safety conditions, veterinary records, and status of Federal or State permits. The holder of the permit shall be notified prior to inspection. Failure to comply with the conditions stated above, may result in revocation proceedings prescribed in paragraph D, below. REVOCATION: A permit may be revoked by public hearing before the City Council. Prior to scheduling a revocation hearing with the City Council, notice shall be given to the holder of the permit at least fifteen (15) days prior to the hearing. The public hearing shall be conducted in accordance with the open meeting law. Upon revocation, the animal shall be removed from the premises. The following conditions may result in a revocation hearing: Unsafe and unsanitary conditions. Expiration of any Federal or State permits. Missing or irregular veterinary records. Failure to grant an inspection. DEFINITIONS: That for purposes of this ordinance “exotic animal” means any animal that is not normally domesticated in the United States or is wild by nature. Of the following orders and families, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or to limit the generality of each group of animals. Canidae (wolves, coyotes, foxes, jackals, but not domesticated dogs) Felidae (lions, tigers, bobcats, cougars, leopards, jaguars, lynx, mountain lions, but not domesticated cats) Ursidae (bears) Crocodilia (alligators, crocodiles) Cervidae (antlered mammals, deer, antelope, moose, elk) Venomous snakes and constricting snakes Pachiderms (rhinoceros, elephant, hippopotamus) Artiodactyla (hippopotamus) Pessodactla (rhinoceroses) Marsupialla (kangaroos) Hyaenidae (hyenas) Viverridae (mongooses, civets and genets) ---PAGE BREAK--- 6- 13 EXCEPTIONS: Any zoo, circus, research facility licensed or registered by a federal agency and approved by the City; Any person accredited by the Association of Sanctuaries or the American Sanctuary Association; Any state college, university, or agency, state-licensed wildlife rehabilitator or State licensed veterinarian; Any incorporated humane society, animal shelter, or society for the prevention of cruelty to animals; Any federally-licensed and inspected breeder or dealer that is conducting any breeding or dealing activity with a person referred to in this paragraph; or Any person having custody of a wild animal solely for the purpose of transporting the animal to a person referred to in this paragraph. (ORD 2003-010) ---PAGE BREAK--- 6- 14 CHAPTER 2: MISCELLANEOUS OFFENSES 6.02.01: FIREWORKS: It is unlawful for any person to sell, offer for sale, discharge or set off any rocket, squib, firecracker or other fireworks of any description within the City. The penalty for provisions of this Section shall be as prescribed in Section 1.04.01 of this Code. 6.02.02: DISCHARGE OF WEAPONS IN CONGESTED AREA: DISCHARGE UNLAWFUL: It is unlawful for any person to discharge or cause to be discharged any ordnance, gun, rifle, pistol or other firearm of any nature whatsoever in any area of the City. VIOLATION; PENALTY: Any person violating the terms of this Section is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided for a violation of a misdemeanor under State law. 6.02.03: INTERFERENCE WITH LAW ENFORCEMENT DOGS: It is unlawful for any person to willfully aggravate, annoy, harm or otherwise interfere or attempt any such act with any dog used by a law enforcement agency in the performance of the functions or duties of any such agency. Any person violating any provision of this Section shall be deemed guilty of a misdemeanor. 6.02.04: POLITICAL SIGNS: TIME LIMITS: Political signs may be erected no more than sixty (60) days before a primary election and shall be removed by the candidate within thirty (30) days after the applicable election. PROHIBITED LOCATIONS: No political signs of any nature may be placed on City of Fernley property or City of Fernley rights of way. This includes the right of way on either side of a paved or unpaved road, right of way for future roads, and all other City property which is used or occupied. Political signs erected in these areas are a violation of law and may be removed by City of Fernley without notice. When practicable, the City will provide a seven day notice (which may be served by telephoning the violating party or posting the sign with a violation warning) prior to removing signs. Removed signs will be retained for thirty (30) days and then destroyed. COMPLIANCE: All political signs shall comply with other local, State and Federal law. CRIMINAL PENALTIES: Any person who violates the provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by not more than six months imprisonment in the Lyon ---PAGE BREAK--- 6- 15 County Jail or by a fine of not more than one thousand dollars ($1,000.00) or by both such fine and imprisonment. CIVIL PENALTIES: Any person who violates the provisions of this Section shall be subject to a five hundred dollar ($500.00) fine and the person responsible for the violation shall be liable for the costs of removing any sign not in compliance with this Section. ---PAGE BREAK--- 6- 16 CHAPTER 3: MINORS 6.03.01: CURFEW: AGE AND HOUR RESTRICTIONS: Except as otherwise provided herein, it is unlawful for any person under the age of eighteen (18) years to frequent the streets, alleys or other public or unoccupied grounds or places in the City of Fernley between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. Sundays through Thursdays and between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. on weekends. This subsection shall be construed as establishing a curfew on Friday night, commencing at twelve o'clock (12:00) A.M. Saturday and Saturday night, commencing at twelve o'clock (12:00) A.M. Sunday. EXCEPTIONS: Nothing contained in this Section shall be construed to apply to any child or children who are in the company of a parent, parents, guardian or guardians nor to any child or children whose lawful employment makes it necessary for them to be upon the streets, alleys or other public or unoccupied grounds or public places during the nighttime as aforesaid. RESPONSIBILITY OF PARENTS AND GUARDIANS: It is unlawful for any parent, parents, guardian or guardians or any other person having the legal care, custody or control of any person under the age of eighteen (18) years to allow or permit any such child or minor to loiter about or frequent any streets, alleys or other public or unoccupied grounds or public places in the City between the hours set forth in subsection A hereof unless there is a reasonable, proper and lawful necessity therefor. VIOLATIONS AND PENALTIES: Any adult person violating the terms of this Section is guilty of a misdemeanor, and any minor violating the provisions of this Section shall be adjudicated pursuant to NRS chapter 62. 6.03.02: POSSESSION OR CONSUMPTION OF LIQUOR: POSSESSION: It is unlawful for any person under the age of twenty one (21) years to have in his possession any container including, but not restricted to, any can, bottle or jug or other receptacle containing alcoholic beverages including, but not restricted to, spirituous, malt or fermented liquors or wines. The possession can be actual or constructive and includes the presence of the containers on the person and in any automobile, house, apartment or other lodging over which the person has an actual or constructive control. CONSUMPTION: It is unlawful for any person under the age of twenty one (21) years to consume an alcoholic beverage, including but not restricted to, spirituous malt or fermented liquors or wines. A person is presumed to have consumed alcohol if he exhibits any of the indicia of alcohol consumption in the presence of a peace officer. ---PAGE BREAK--- 6- 17 VIOLATION: Any person violating the terms of this Section is guilty of a misdemeanor. 6.03.03: PARENTAL RESPONSIBILITY FOR MINORS: DEFINITIONS: As used in this Section, unless the context otherwise requires, the terms specified herein have the meanings ascribed to them: LEGAL GUARDIAN: A person appointed guardian or given custody of a minor by a district court of the State, but does not include a person appointed guardian or given custody of a minor under NRS chapter 62. MINOR: A person who is above the age of eleven (11) years but not yet nineteen (19) years of age. VIOLATIONS AND PRESUMPTIONS: The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility, and said minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian, in violation of this Section upon the occurrence of the events described in paragraphs 1, 2 and 3 of this subsection: An unemancipated minor residing with said parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law or statute prohibiting willful and malicious acts causing injury to a person or property or shall have incurred nonjudicial sanctions from another official agency resulting from an admission of guilt or violation of any ordinance, law or statute prohibiting willful and malicious acts causing injury to a person or property; and The parent or legal guardian shall have received a written notice hereof, either by certified or registered mail, return receipt requested, or by personal service, with a certificate of personal service returned from the County Sheriff's office following said adjudication or nonjudicial sanction; and If, at any time within one year following receipt of the notice set forth in subsection B2 above, said minor is either adjudicated to be in violation of any ordinance, law or statute, as described in subsection B1 hereof, or shall have incurred non-judicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute as described in subsection B1 hereof. PENALTY: Any person convicted of any violation of the provisions of this Section shall be fined not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. ---PAGE BREAK--- 6- 18 CHAPTER 4: PARADES AND ASSEMBLAGES 6.04.01: Purpose: The purpose of this chapter is to protect the public safety and lessen traffic problems in the City of Fernley. 6.04.02: Permits: PERMIT REQUIRED: It is unlawful for any person to sponsor, organize or hold a parade or outdoor assemblage requiring the closure of or interference with a City road or right of way within the City of Fernley without first securing a parade permit. PERMIT PROCESS: An application and permit for temporary occupancy of a City of Fernley right of way may be obtained from the office of the city manager. If the planned event includes the closure of a state highway, a permit must also be obtained from the Nevada department of transportation. Prior to returning the application to the city manager for consideration and holding the event, approval must be obtained from: The sheriff's department; The fire district with jurisdiction over the area; and Lyon County public works, road division if the event affects any Lyon County road or right of way. City of Fernley public works, road division. PERMIT GRANTED: The City Manager, after approval from the Sheriff's department, fire district and public works road division, may approve the permit if the city manager determines that the event will not be detrimental to the health, safety and traffic in the City of Fernley. After approval, the event described in the application may be held on the date and time specified, subject to the terms and conditions of the permit and application. CONDITION OF RIGHTS OF WAY; DAMAGE: The applicant is responsible for the condition of the City of Fernley roads or rights of way used in the parade or outdoor assemblage and those persons shall leave the road or right of way in the same condition as prior to the event. The applicant shall pay for any damage to the road or right of way occurring during the event. PENALTY: The penalty for violations of provisions of this chapter shall be as prescribed in section 1.04.01 of this code. ---PAGE BREAK--- 6- 19 CHAPTER 5: GRAFFITI 6.05.01 DEFINITION: As used in this Chapter: “Graffiti” is defined as any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn or painted on the public or private property, real or personal, of another, which defaces such property. “Graffiti implement” means an aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface. 6.05.02: PROHIBITED ACTS: DEFACEMENT: It shall be unlawful for any person to apply graffiti to any natural or manmade surface on any City-owned property or, without the permission of the owner or occupant, on any non-City owned property. POSSESSION OF GRAFFITI IMPLEMENTS: By Minors at or Near School Facilities. It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while on any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such property. The provisions of this Section shall not apply to the possession of broad-tipped markers by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class or other approved activity at the school that formally requires the possession of broad-tipped markers. The burden of proof in any prosecution for violation of this Section shall be upon the minor student to establish the need to possess a broad-tipped marker. In Designated Public Places. It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the City or while in or within fifty (50) feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure, unless otherwise authorized by the City. 6.05.03: ACCESSIBILITY TO GRAFFITI IMPLEMENTS: FURNISHING TO MINORS PROHIBITED. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, broad-tipped marker, or paint stick to any person under the age of eighteen (18) years without the written consent of the parents or legal guardian of the person. SIGNAGE REQUIRED. Every person who operates a retail commercial ---PAGE BREAK--- 6- 20 establishment selling graffiti implements shall: Place a sign in clear public view at or near the display of such products stating: “Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to six months and/or a fine up to one thousand dollars ($1,000.00)”. Place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: “Selling spray paint, paint sticks, or broad-tipped markers to persons less than eighteen (18) years of age is against the law and punishable by a fine up to one thousand dollars ($1,000.00)”. 6.05.04: PENALTIES. FINES AND IMPRISONMENT. Any person violating this Ordinance shall be punished by a fine of two hundred and fifty dollars ($250.00) for a first offense; five hundred dollars ($500.00) for the second offense; and one thousand dollars ($1,000.00) for each subsequent offense; or by imprisonment for a term not to exceed six months, or by both fine and imprisonment at the discretion of the Court. The minor or adult shall perform not less than fifty (50) hours but not more than ninety-nine (99) hours of community service for the first offense; not less than one hundred (100) hours but not more than one hundred ninety- nine (199) hours of community service for the second offense; and not less than two hundred (200) hours of community service for the third and each subsequent offense. At least one parent or guardian of the minor shall be in attendance a minimum of fifty percent (50%) of the period of assigned community service. The entire period of community service shall be performed under the supervision of a community service provider approved by the Court. Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal. 6.05.05: GRAFFITI AS NUISANCE. REMOVAL BY THE PERPETRATOR. Any person applying graffiti on public or private property shall have the duty to remove the graffiti within twenty-four (24) hours after notice by the City or private owner of the property involved. Such removal shall be done in a manner prescribed by the City, the Director of Public Works, or any additional City department head, as authorized by the City Council. Any person applying graffiti shall be responsible for the removal or the payment of the removal. Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this Ordinance. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible for such removal or for the payment of the ---PAGE BREAK--- 6- 21 removal. PROPERTY OWNER RESPONSIBILITY. If graffiti is not removed by the perpetrator according to the Section above, graffiti shall be removed pursuant to the following provisions: It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the City to permit property that is defaced with graffiti to remain defaced for a period of ten (10) days after service by first class mail of notice of the defacement. The notice shall contain the following information: The street address and legal description of the property sufficient for identification of the property; A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding; A statement that the graffiti must be removed within ten (10) days after receipt of the notice and that if the graffiti is not abated within that time, the City will declare the property to be a public nuisance, subject to the abatement procedures in the City Code Section 6.01.07; and An information sheet identifying any graffiti removal assistance programs available through the City and private graffiti removal contractors. EXCEPTIONS TO PROPERTY OWNER RESPONSIBILITY. The removal requirements above shall not apply if the property owner or responsible party can demonstrate that: The property owner or responsible party lacks the financial ability to remove the defacing graffiti; or The property owner or responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which cause, it shall be unlawful to permit such property to remain defaced with graffiti for a period of fifteen (15) days after service, by first class mail, of notice of the defacement. RIGHT OF CITY TO REMOVE. Use of Public Funds. Whenever the City becomes aware or is notified and determines that graffiti is located on publicly or privately owned property, viewable from a public or quasi-public place, the City shall be authorized to use public funds for the removal of the graffiti, or for the painting or repainting of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located, unless the City Manager, or the designee of the City Manager, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area; and ---PAGE BREAK--- 6- 22 Right of Entry on Private Property. Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner or responsible party and a release of the City from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this Ordinance, or if the City has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this Section, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified below. ABATEMENT AND COST RECOVERY PROCEEDINGS. Notice of Due Process Hearing. The City Manager, or the designee of the City Manager, serving as the Hearing Officer, shall provide the property owner of record and the party responsible for the maintenance of the property, if a person different from the owner, not less than forty-eight (48) hours notice of the City’s intent to hold a due process hearing at which the property owner or responsible party shall be entitled to present evidence and argue that the property does not constitute a public nuisance. Notice shall be served in the same manner as a summons in a civil action in accordance with NRS 5.060 and N.R.C.P. 4. If the owner of record cannot be found after a diligent search, the notice may be served by posting a copy thereof in a newspaper of general circulation published in the area in which the property is located pursuant to N.R.C.P. 4; Determination of Hearing Officer. The determination of the Hearing Officer after the due process hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the owner or the responsible party or their respective agents, the Hearing Officer determines that the property contains graffiti viewable from a public or quasi-public place, the Hearing Officer shall give written notice in an eradication order that, unless the graffiti is removed within ten (10) days, the City shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the Hearing Officer), or such other eradication thereof as the Hearing Officer determines appropriate, and shall provide the owner and the responsible party thereafter with an accounting of the costs of the eradication effort on a full cost recovery basis; Eradication Effort. Not sooner than the time specified in the order of the Hearing Officer, the City Manager, or the designee of the City Manager, shall implement the eradication order and shall provide an accounting to the owner and the responsible party of the costs thereof; Cost Hearing. The owner or responsible party may request a cost hearing before the Hearing Officer on the eradication accounting, and appropriate due process must be extended to the owner or responsible party. If ---PAGE BREAK--- 6- 23 following the cost hearing or, if no hearing is requested, after the implementation of the eradication order, the Hearing Officer determines that all or a portion of the costs are appropriately chargeable to the eradication effort, the total amount set forth in the eradication accounting, or an amount thereof determined as appropriate by the Hearing Officer, shall be due and payable by the owner or responsible party within thirty (30) days. Any amount of eradication charges assessed by the Hearing Officer that are less than the total amount set forth in the eradication accounting shall be explained by written letter from the Hearing Officer to the City Council. (ORD 2006-006)