NRS 244.35705
Ordinance concerning criminal gang activity and certain buildings and places harboring such activity: Injunctions

  • damages, fees and costs
  • violation of injunction
  • immune entities.

1.

Notwithstanding the provisions of any other law or ordinance, each board of county commissioners may, by ordinance, to protect the public health, safety and welfare of the residents of the county, adopt procedures pursuant to which the district attorney may file a civil action in a court of competent jurisdiction to seek any or all of the following relief:

(a)

A temporary or permanent injunction against any specific member of a criminal gang to enjoin his or her activity which is associated with the criminal gang and which is occurring within the county.

(b)

The recovery of money damages, attorney’s fees and costs from:

(1)

Any member of a criminal gang that is engaging in criminal activities within the county; and

(2)

The owner of a building or place located within the county that has been found to be a public nuisance because the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang, but only if the owner has actual notice that the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang.

2.

Any money damages awarded in an action brought pursuant to this section must be:

(a)

Paid by, or collected from:

(1)

Any assets of the criminal gang or its members that were derived from the criminal activities of the criminal gang or its members;

(2)

Any assets of the owner of a building or place that has been found to constitute a public nuisance; or

(3)

Any combination of the assets described in subparagraphs (1) and (2).

(b)

Deposited into a separate, segregated fund in the county treasury, to be used solely for the benefit of the specific community or neighborhood that has been injured by the criminal activities of the criminal gang or the existence of the building or place that constitutes a public nuisance.

3.

A member of a criminal gang who is subject to a temporary or permanent injunction granted pursuant to this section and who knowingly and intentionally commits a material violation of the terms of that injunction is guilty of a misdemeanor. If the violation also constitutes a criminal offense under another provision of law, the violation may be prosecuted pursuant to this section or the other provision of law, or both.

4.

An action may not be brought pursuant to this section against:

(a)

Any governmental entity; or

(b)

Any charitable or nonprofit organization that is conducting, with ordinary care and skill, activities relating to prevention or education concerning criminal gangs.

5.

As used in this section, “criminal gang” has the meaning ascribed to it in NRS 193.168.

Source: Section 244.35705 — Ordinance concerning criminal gang activity and certain buildings and places harboring such activity: Injunctions; damages, fees and costs; violation of injunction; immune entities., https://www.­leg.­state.­nv.­us/NRS/NRS-244.­html#NRS244Sec35705.

244.355
Animals running at large on highways may be prohibited by ordinance. 244.356
Ordinance regulating traffic on streets of residential and commercial areas in federal military installation authorized. 244.357
Police, sanitary, loitering, prowling and traffic ordinances: Enactment and enforcement. 244.358
Ordinance for control of rabies. 244.359
Ordinance concerning control of animals, license fee and designation of and requirement of liability insurance policy for inherently dangerous animals 244.360
Abatement of nuisances: Complaint 244.361
Regulation and control of smoke and pollution of air. 244.363
Prevention of excessive noise. 244.364
State control over regulation of firearms, firearm accessories and ammunition 244.365
Prevention of pollution of streams by sawdust 244.366
Water and sewer facilities: Construction 244.367
Fireworks: Regulation and control. 244.368
Areas within which city’s building code supersedes less stringent provisions of county’s building code. 244.369
Food handlers: Ordinance requiring physical examinations 244.3555
Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway. 244.3565
Ordinance regulating use of mobile carrying device in unincorporated area of county. 244.3571
Ordinance to regulate operation of electric personal assistive mobility devices or certain vehicles operated by security guards. 244.3572
Ordinance to establish offense related to purchase, possession or use of tobacco products by children. 244.3573
Provision of public safety within certain areas of mobile home park. 244.3575
Ordinances regulating parking: Civil penalty in lieu of criminal sanction. 244.3601
Dangerous structure or condition posing imminent danger: Determination 244.3603
Abatement of chronic nuisances: Adoption and contents of ordinance 244.3605
Abatement of dangerous structures or conditions, rubbish, abandoned or junk vehicles, noxious plant growth and other public nuisances: Adoption and contents of ordinance 244.3607
Recovery by county of costs of relocating tenants resulting from nuisance or other condition: Notice 244.3651
Program to provide financial assistance to persons to connect to public water or sewer system under certain circumstances in county whose population is 100,000 or more but less than 700,000. 244.3653
Program to provide financial assistance to owners of public or private property, to make such property resistant to flood damage, in county whose population is 100,000 or more but less than 700,000. 244.3655
Requiring users of certain water systems to connect into system provided by public utility or public entity 244.3661
Imposition of excise tax on use of water 244.3663
Package plant for sewage treatment: Remedies for unsatisfactory service or violation of conditions 244.3665
Prohibition of waste of water. 244.3673
Investigation of fires and enforcement of regulations of State Fire Marshal by certain counties. 244.3675
Regulation of construction, maintenance and safety of buildings, structures and property 244.3685
Prescription drugs or medicine at reduced prices. 244.35705
Ordinance concerning criminal gang activity and certain buildings and places harboring such activity: Injunctions 244.36605
Delinquent charges for financial assistance or for the provision of certain services related to water
Last Updated

Jun. 24, 2021

§ 244.35705’s source at nv​.us