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CODE OF ORDINANCES Pahrump, Nevada, Code of Ordinances Page 2 CODE OF ORDINANCES Chapter 1 - GENERAL PROVISIONS Chapter 2 - ADMINISTRATION Chapter 3 - RESERVED Chapter 4 - RESERVED Chapter 5 - RESERVED Chapter 6 - BUILDINGS AND BUILDING REGULATIONS Chapter 7 - RESERVED Chapter 8 - BUSINESS REGULATIONS Chapter 9 - RESERVED Chapter 10. - CEMETERIES Chapter 11 - RESERVED Chapter 12 - EMERGENCY SERVICES Chapter 13 - RESERVED Chapter 14 - ENVIRONMENT(RESERVED) Chapter 15 - RESERVED Chapter 16 - FIRE PREVENTION AND PROTECTION Chapter 17 - RESERVED Chapter 18 - OFFENSES Chapter 19 - RESERVED Chapter 20 - SOLID W ASTE Chapter 21 - RESERVED Chapter 22 - TAXATION Chapter 23 - RESERVED Chapter 24 - TRAFFIC AND VEHICLES ---PAGE BREAK--- CODE OF ORDINANCES Pahrump, Nevada, Code of Ordinances Page 3 Chapter 1GENERAL PROVISIONS Sec. 1-1. Designation and citation. Sec. 1-2. Definitions. Sec. 1-3. Construction and use of language. Sec. 1-4. Catchlines of sections and other headings. Sec. 1-5. History notes. Sec. 1-6. State law references. Sec. 1-7. Certain ordinances and acts not affected by Code. Sec. 1-8. Penalties. Sec. 1-9. Severability. Sec. 1-10. Amendments or additions to Code. Sec. 1-11. Supplementation of Code. Sec. 1-1.Designation and citation. The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "Code of Ordinances, Town of Pahrump, Nevada" and may be so cited. Such Code may also be cited as the "Pahrump Town Code." State law reference— Codification authority, NRS 269.166 et seq. Sec. 1-2.Definitions. The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Board or town board. The term "board" or "town board" means the town board of the unincorporated Town of Pahrump, County of Nye, State of Nevada. The term "all its members" or "all members" means the total number of board members holding office. "Board member" or "member" means a person duly elected to the town board and holding office at the time. Code. The term "Code" means the Code of Ordinances, Town of Pahrump, Nevada, as amended. County. The term "county" means Nye County, Nevada. Fiscal year. The term "fiscal year" means the period starting July 1 of any year through June 30 of the following year. Health department. The term "health department" means the county district health department of the board of health. Health officers. The term "health officers" means the county district health officer or health administrator of the board of health or their designee. Law. The term "law" denotes the applicable federal law, the Constitution of the United States, the Constitution of the State of Nevada, statutes of the State of Nevada, ordinances of Nye County, ordinances of the Town of Pahrump, and, when appropriate, any and all rules and regulations which may be promulgated thereunder. May. The term "may" is permissive. Month. The term "month" means calendar month. Must and shall. The terms "must" and "shall" are each mandatory. ---PAGE BREAK--- CODE OF ORDINANCES Pahrump, Nevada, Code of Ordinances Page 4 NRS. The abbreviation "NRS" means the Nevada Revised Statutes, as amended. Oath.The term "oath" includes any affirmation or declaration in all cases in which by law an affirmation may be substituted for an oath, and in such cases the words "swear" or "sworn" shall be equivalent to the words "affirm" or "affirmed." Or, and. The term "or" may read "and," and the term "and" may be read "or" if the sense requires it. Owner. The term "owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, or tenant by the entirety of the whole or part of such building or land. Person. The term "person" includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, and any other legal entity or the manager, lessee, agent, servant, officer, or employee of any of them. Personal property. The term "personal property" includes money, goods, chattels, things in action, and evidences of debt. Preceding and following. The terms "preceding" and "following" mean next before and next after, respectively. Property. The term "property" includes real and personal property. Quorum. The term "quorum" means, with reference to the town board, a majority of members thereof. Real property. The term "real property" includes land, tenements, and hereditaments. Sheriff. The term "sheriff" means the Nye County sheriff. State. The term "state" means the State of Nevada. Street. The term "street" includes all streets, highways, avenues, alleys, courts, cul-de-sacs, squares, sidewalks, curbs, or other public ways in the town which have been or may hereafter be dedicated and open to public use, or other public property so designated in any law of this state. Tenant and occupant. The terms "tenant" and "occupant," applied to a building or land, include any person who occupies the whole or part of such building or land, whether alone or with others. Town. The term "town" means the unincorporated Town of Pahrump. Will. The term "will" refers to a future action or event, but is not mandatory. Written. The term "written" includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent form. Year. The term "year" means calendar year. (Ord. No. 19, 19.100—19.195, 10-29-1985) Sec. 1-3.Construction and use of language. Grammatical interpretation. The following grammatical rules shall apply in ordinances of the town, or any codification of same, unless it is apparent from the context that a different construction is intended. Gender. Each gender includes the masculine, feminine, and neuter genders. Singular and plural. The singular number includes the plural and the plural includes the singular. Tenses. Words used in the present tense include the past and the future and vice versa, unless manifestly inapplicable. Interpretation of language. All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have ---PAGE BREAK--- CODE OF ORDINANCES Pahrump, Nevada, Code of Ordinances Page 5 acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. Title of office. Use of the title of any officer, employee, department, board, commission, or committee means that officer, employee, department, board, commission, or committee of the town. Acts by agents. When an act is required by an ordinance of the town, or any codification thereof, the same being such that it may be done as well by an agent as by the principle, such requirement shall be construed to include all such acts performed by an authorized agent. Prohibited acts include causing and permitting. Whenever in any ordinance of the town, or any codification of same, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. Computation of time. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or an official national or state holiday, in which case it shall also be excluded. Construction of provisions. The provisions of the ordinances of the town, or any codification thereof, and all proceedings under them are to be construed with a view to effect their objects and to promote justice. Repeal shall not repeal any ordinances. The repeal of an ordinance, or any codification thereof, shall not repeal the repealing clause of an ordinance, or any codification thereof, or revive any ordinance, or codification thereof, which has been repealed thereby. (Ord. No. 19, 19.210—19.280, 10-29-1985) Sec. 1-4.Catchlines of sections and other headings. The catchlines of the several sections of this Code, as well as the chapter, article and division headings are intended as mere catchwords to indicate the contents of the chapter, article, division or section, and shall not be deemed or taken to be titles of such provisions, nor as any part of the contents. Sec. 1-5.History notes. The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. Sec. 1-6.State law references. The state law references appearing throughout this Code are not intended to have any legal effect but are merely references and case law annotations intended to assist the user of this Code. Sec. 1-7.Certain ordinances and acts not affected by Code. Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of the following, when not inconsistent with this Code: Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing or amount due the town as a tax, fee or license before the effective date of this Code; Any ordinance promising or guaranteeing the payment of money by this town or authorizing the issuance of any bonds of the town or any evidence of the town's indebtedness; Any prosecution, suit or other proceeding pending or any judgment rendered on the day on which this Code became effective; ---PAGE BREAK--- CODE OF ORDINANCES Pahrump, Nevada, Code of Ordinances Page 6 Any appropriation ordinance or ordinance providing for the levy of taxes or for any annual budget; Any ordinance granting any franchise, permit or other right; Any ordinance approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument; Any ordinance dedicating, accepting, naming, establishing, locating, relocating, opening, widening, improving or vacating any street or other public way; Any ordinance establishing or prescribing grades for streets; Any ordinance assessing costs of constructing or reconstructing streets and sidewalks; (10) Any ordinance prescribing traffic regulations for specific streets, such as ordinances designating speed limits, one-way streets, no parking areas, parking zones, truck routes, loading zones, stop intersections, intersections where traffic is to be controlled by signals, etc.; (11) Any zoning ordinance; (12) Any temporary or special ordinance; and all ordinances and parts of ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein. Sec. 1-8.Penalties. Prohibited act is misdemeanor when no penalty imposed. Whenever the performance of any act is prohibited by a town ordinance, or is made or declared to be unlawful, or whenever the doing of an act is required by a town ordinance, or the failure to do any act is declared to be unlawful by a town ordinance, and no penalty for the violation of such provision is imposed or provided for, then the performance of such act or the failure to perform such act shall be a misdemeanor. Each day that an offense continues shall constitute a separate offense. The penalties provided herein do not prohibit the town from pursuing other remedies such as injunctive relief. Misdemeanor penalties designated. Any person convicted of a misdemeanor shall be punished by a fine not to exceed $1,000.00, or imprisonment in the county jail not to exceed six months, or both such a fine and imprisonment. (Ord. No. 19, 19.310, 19.320, 10-29-1985) State law reference— Authority for penalty, NRS 269.160. Sec. 1-9.Severability. If any one or more sections, clauses, or parts of an ordinance shall be declared invalid or void, such judgment shall not affect, impair or invalidate the remaining provisions of that ordinance, but shall be confined in its operation to the specific sections, clauses, or parts held invalid or void. Sec. 1-10.Amendments or additions to Code. All ordinances of a general and permanent nature, and amendments to such ordinances, hereinafter enacted or presented to the city council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, the Code of Ordinances. Amendments to this Code shall be made by reference to the chapter and section of the Code which is to be amended, and additions shall bear an appropriate designation of chapter, article and section; provided, however, the failure so to do shall in no way affect the validity or enforceability of such ordinances. ---PAGE BREAK--- CODE OF ORDINANCES Pahrump, Nevada, Code of Ordinances Page 7 Sec. 1-11.Supplementation of Code. By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the town board. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the town board during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by omission thereof from reprinted pages. When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may: Organize the ordinance material into appropriate subdivisions; Provide appropriate catchlines, headings and titles for articles, sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings and titles; Assign appropriate numbers to articles, sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing article or section or other subdivision numbers; Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this section," "this subsection," etc., as the case may be; and Make other nonsubstantive changes necessary to preserve the original meaning of ordinance articles or sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. ---PAGE BREAK--- CODE OF ORDINANCES Pahrump, Nevada, Code of Ordinances Page 8 Chapter 2 ADMINISTRATION ARTICLE I. - IN GENERAL ARTICLE II. - TOWN BOUNDARIES AND MAP ARTICLE III. - INCORPORATION ARTICLE IV. - TOWN BOARD ARTICLE V. - OFFICERS AND EMPLOYEES ARTICLE VI. - BOARDS AND COMMISSIONS ARTICLE VII. - FINANCE FOOTNOTE(S): ---PAGE BREAK--- CODE OF ORDINANCES Pahrump, Nevada, Code of Ordinances Page 9 State Law reference— Unincorporated towns, NRS ch. 269; public records, NRS ch. 239; public meetings, NRS ch. 241. (Back) ARTICLE I.IN GENERAL Secs. 2-1—2-18. Reserved. Secs. 2-1—2-18.Reserved. ARTICLE II.TOWN BOUNDARIES AND MAP Sec. 2-19. Consolidated legal description. Sec. 2-20. Survey. Secs. 2-21—2-43. Reserved. Sec. 2-19.Consolidated legal description. Following is the consolidated legal description for the town: Beginning at the Nye/Clark County boundary, which said boundary is on the Range line common to Ranges 54 and 55 East, at its intersection with the Nevada/California state line; thence bearing north along the Nye/Clark County boundary along the Range line common to Ranges 54 and 55 East to its intersection with the northeast corner of Section 25, Township 20 South, Range 54 East; thence bearing west along the north boundary of Sections 25, 26 and 27 to the north one-quarter corner of Section 27, Township 20 South, Range 54 East; thence bearing north along the Nye/Clark County boundary to its intersection with the north boundary of Section 3, Township 18 South, Range 54 East; thence bearing west along the township line common to Townships 17 and 18 South to the northwest corner of Section 6, Township 18 South, Range 52 East; thence bearing south along the range line common to Ranges 51 and 52 East to the Von Schmidt line, and continuing south to the point of intersection with the Nevada/California state line; thence bearing southeast along the Nevada/California state line to the Point of Beginning; with the exception of the following described areas: Government Lots 12, 13, 14, 18, 19, the northeast one-quarter of the southwest one-quarter, the south one-half of the northeast one-quarter, and the north one-half of the southeast one-quarter, all located within Section 6, Township 22 South, Range 54 East. 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