Article CH-2 ARTICLE II Legislative Department

Title CH CHARTER

ARTICLE II

LEGISLATIVE DEPARTMENT

Sec. 2.010 City Council: : Qualifications; election; term of office; salary.

1. The legislative power of the city is vested in a city council consisting of four members and the mayor.

2. The members of the city council must be:

(a) Bona fide residents of the city for at least 2 years before their election.

(b) Qualified electors within the city.

3. All members of the city council must be voted upon by the registered voters of the city at large and shall serve for terms of 4 years.

4. The members of the city council must receive a salary in an amount fixed by the city council.

Sec. 2.020City council: Contracts. Members of the city council may vote on any lease, contract or other agreement, which extends beyond their terms of office.

Sec. 2.030 City council: Duties concerning departments.

1. The city council shall establish a finance department of the city, and may establish such other departments as it determines are necessary The city council shall control and supervise the departments of the city and may establish such rules and regulations as may be necessary for the administration of the departments.

2. The mayor shall designate from among the members of the city council members to act as liaison for the different departments and functions of the city .

4. The duties of each department must be designated by the city council.

Sec. 2.040 City council: Discipline of members, other persons; subpoena power.

1. The city council may:

(a) Provide for the punishment of any member of the city council for disorderly conduct committed in its presence.

(b) Order the attendance of witnesses and the production of all papers relating to any business before the city council.

2. If any person ordered to appear before the city council fails to obey the order:

(a) The city council or any member thereof may apply to the clerk of the district court for a subpoena commanding the attendance of the person before the city council.

(b) The clerk may issue the subpoena, and any peace officer may serve it.

(c) If the person upon whom the subpoena is served fails to obey it, the court may issue an order to show cause why the person should not be held in contempt of court and upon hearing of the matter may adjudge the person guilty of contempt and punish him accordingly.

Sec. 2.050 Meetings:Quorum.

1. The city council shall hold at least one regular meeting each month and, by ordinance, may provide for additional regular meetings.

2. A majority of all members of the city council constitutes a quorum to do business, but a lesser number of the members of the city council may meet and recess from time to time, and compel the attendance of the absent members.

3. Except as otherwise provided by law, all sessions and all proceedings of the city council must be public.

Sec. 2.060 Meetings: Special and emergency.

1. In addition to its regularly scheduled meetings, the city council may hold special and emergency meetings. Special and emergency meetings may be held on call of the mayor or by a majority of the city council in a manner that complies with the provisions of chapter 241 of NRS. .

2. At a special meeting:

(a) ) No business may be transacted except such as has been stated in the call of the meeting.

(b) No ordinance may be passed except an emergency.

Sec. 2.070 Meetings: Time and place; rules. The city council may:

1. Fix the time and place of its meetings and judge the qualifications and election of its own members.

2. Adopt rules for the government of its members and proceedings.

Sec. 2.080 Oaths and affirmations. The mayor, each member of the city council and the city clerk may administer oaths and affirmations relating to any business pertaining to the city before the city council or to be considered by the city council.

Sec. 2.090 Powers of city council: Ordinances, resolution and orders.

1. The city council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.

2. When power is conferred upon the city council to do and perform anything, and the manner of exercising the power is not specifically provided for, the city council may provide by ordinance the manner and details necessary for the full exercise of the power.

3. The city council may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.

4. The city council has such powers, not in conflict with the express or implied provisions of this charter, as are conferred generally by statute upon the governing bodies of cities organized under a special charter.

5. The city council shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he is elected or appointed.

Sec. 2.100 Ordinances: Passage by bill; amendments; subject matter; title requirements.

1. No ordinance may be passed except by bill and by a majority vote of the whole city council. The style of all ordinances must be as follows: "The city council of the City of Elko does ordain:"

2. An ordinance must not contain more than one subject, which must be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.

3. Any ordinance which amends an existing ordinance must set out in full the ordinance or sections thereof to be amended, and must indicate matter to be omitted.

Sec. 2.110 Ordinances: Enactment procedure; emergency ordinances.

1. All proposed ordinances when first proposed shall be read to the city council by title and may be referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance must be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 10 days before the adoption of the ordinance. The city council shall adopt or reject the ordinance or an amendment thereto, within 30 days from the date of such publication.

2. At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance, the ordinance must be considered again with the report of the committee, if any. Thereafter, it must be read as first introduced, or as amended, and thereupon the proposed ordinance must be finally voted upon or action thereon postponed.

3. In cases of emergency or where the ordinance is of a kind specified in section 7.020, by unanimous consent of the city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.

4. All ordinances must be signed by the mayor, attested by the city clerk, and published by title, together with the names of the members of the city council voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance shall become effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.

5. The city clerk shall keep on file all ordinances , including the affidavits of publication by the publisher.

Section 2.120 Codification of ordinances; publication of code.

1. The city council may codify and publish a code of its municipal ordinances in the form of a municipal code. The city council may incorporate into the municipal code a copy of this charter and such additional data as the city council may prescribe. When the municipal code is published, two copies of the code must be filed with the librarian at the supreme court law library.

2. The ordinances in the code must be arranged in appropriate chapters, articles, and sections excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.

3. The codification must be adopted by an ordinance and must not contain any substantive changes, modifications or alterations of existing ordinances. The only title necessary for the ordinance is "An ordinance for codifying and compiling the general ordinances of the City of Elko".

4. The codification may be amended or extended by ordinance.

Sec. 2.130 Powers of city council: Public property, buildings.

1. The city council may:

(a) Control the property of the corporation.

(b) Erect and maintain all buildings necessary for the use of the city.

(c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the city, improve and protect such property, and do all other things in relation thereto which natural persons might do.

2. The city council may not, except as otherwise specifically provided by this charter or any other law, mortgage, hypothecate or pledge any property of the city for any purpose.

Sec. 2.140 Powers of city council: Eminent domain. The city council may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.

Sec. 2.150 Powers of city council: Licensing, regulation and prohibition of businesses, trades and professions.

1. The city council may:

(a) Regulate all businesses, trades and professions.

(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

2. The city council may establish any equitable standard to be used in fixing license taxes collected pursuant to this section.

Sec. 2.160 Powers of city council: Recreational facilities; definition.

1. The legislature finds and declares that recreation facilities for the use and enjoyment of all the inhabitants of the city are public uses and municipal purposes, and that the acquisition, construction and operation thereof by the city council will promote the morals, amusement, entertainment, health, welfare and safety of the inhabitants of the city.

2. As used in sections 2.160 , 2.170 and 2.180, "recreation facility" or "recreation facilities" means a place, structure, area or other facility used for community recreation, such as playgrounds, playing fields or courts, beaches, lakes, rivers, swimming pools, dams constructed across streams or rivers for the creation of swimming pools and recreational reservoirs, gymnasiums, auditoriums, camps, parks, ski facilities, golf courses, natural reservations, recreation grounds, fairgrounds, exposition buildings, convention halls, fieldhouses, amusement halls and recreation centers.

Sec. 2.170 Powers of city council: Recreational facilities; financing. The city council may:

1. Establish, construct, purchase, lease, rent, acquire by gift, grant, bequest, devise, or otherwise acquire, reconstruct, improve, extend, better, after, repair, equip, furnish, regulate, maintain, operate and manage recreation facilities within or without the city, including personal or real property, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate interest and right, legal or equitable, therein, including terms for years.

2. Deposit the proceeds of any of the license taxes collected pursuant to section 2.150 in a special fund in the city treasury for the purpose of:

(a) Operating and maintaining recreation facilities under the jurisdiction of the city council.

(b) Improving, extending and bettering such recreation facilities.

3. Accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, corporate or otherwise, the State of Nevada or any of its political subdivisions or from any other source, for or in aid of any recreation facility within the area of operation of the city council, and comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.

Sec. 2.180 Powers of city council: Recreational facilities; flood control projects. Whenever any recreation facility is affected by or will be affected by any flood control project being constructed or to be constructed under the provisions of any federal law, if the city council finds that the flood control project will improve, better and protect the recreation facility, the city council may give assurances to and perform any other acts required by and satisfactory to the Secretary of the Army that the local cooperation required for the flood control project by federal law will be furnished by the city.

Sec. 2.190 Powers of city council: Police ordinances. The city council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.

Sec. 2.200 Powers of city council: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations. The city council may:

1. Organize, regulate and maintain a fire department.

2. Provide for the appointment of a fire chief and prescribe his duties.

3. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept. Any ordinance adopted pursuant to this subsection that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the division of industrial relations of the department of business and industry pursuant to NRS 618.890.

4. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section, and to provide for the prevention, suppression and extinguishment of fires and conditions hazardous to life and property from fire, explosion or combustion, and to provide for the enforcement of all such codes and regulations by imposing adequate penalties for violations thereof.

Sec. 2.210 Powers of city council: Public health; board of health; regulations. The city council may:

1. Provide for safeguarding public health in the city.

2. Create a board of health and prescribe the powers and duties of the board.

3. Provide for the enforcement of all regulations and quarantines established by the board of health by imposing adequate penalties for violations thereof.

Sec. 2.220 Powers of city council: Buildings; construction and maintenance regulations; building and safety codes. The city council may:

1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

2. Adopt any building or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary.

Sec. 2.230 Powers of City Council : Zoning and planning. The City Council may:

1. Divide the city into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within the districts.

2. Establish and adopt ordinances and regulations relating to the subdivision of land.

Sec. 2.240 Powers of city council: Subdivision; payment for installation of utilities. The city council may require the owners of land who lay out and plat the land into lots, streets and alleys to guarantee the payment for the installation of sewers, water mains and lines, drains, curbs and gutters, and the grading and paving of streets within the division or subdivision defined by the plat.

Sec. 2.250 Powers of city council: Rights-of-way, parks, public buildings and grounds and other public places. The City Council may:

1. Lay out, maintain, alter, improve or vacate all public rights-of-way in the city.

2. Regulate the use of public parks, buildings, grounds and rights-of-way and prevent the unlawful use thereof.

3. Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.

4. To the extent permissible under the Nevada constitution and the Constitution of the United States, regulate and prevent in all public places;

(a) The distribution and exhibition of handbills or signs.

(b) Any practice tending to annoy persons passing in such public places.

5. Prevent riots or any act tending to promote riots in any public place.

Sec. 2.260 Powers of city council: Traffic control. The city council may, by ordinance, regulate:

1. All vehicular, pedestrian and other traffic within the city and provide generally for the public safety on public streets and rights-of-way.

2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.

Sec. 2.270 Powers of city council: Parking meters; off-street public parking facilities.

1. The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters must be fixed by the city council.

2. Except as otherwise provided by this charter, the city council may acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. TheCity Council may, in bonds issued to acquire property for this purpose pledge the on-street parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

Sec. 2.280 Powers of city council: Railroads. The city council may:

1. License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right-of-way.

2. Grant franchises to any person or corporation to operate a railroad or streetcar upon public rights-of-way and adjacent property.

3. Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right-of-way.

4. Condemn rights of way for any public purpose across any railroad right of way.

5. Prescribe the length of time any public right of way may be obstructed by trains standing thereon.

6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.

7. Require railroad companies to provide protection against injury to persons or property.

8. Compel railroad companies to raise or lower their tracks to conform to any grade established by the city.

9. Compel railroad companies to provide that drainage from property adjacent to their tracks not be impaired.

Sec. 2.290 Powers of city council: Nuisances. The city council may:

1. Determine by ordinance what shall be deemed nuisances.

2. Provide for the abatement, prevention and removal of those nuisances at the expense of the person creating, causing or committing the nuisance.

3. Provide that the expense of removal is a lien upon the property upon which the nuisance is located. Such a lien must:

(a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.

(b) Be coequal with the latest lien thereon to secure the payment of general taxes.

(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

4. Provide any other penalty or punishment of persons responsible for such nuisances.

Sec. 2.300 Powers of city council: Animals and poultry. The city council may:

1. Fix, impose and collect an annual per capita tax on all animals and provide for the capture and disposal of all animals on which the tax is not paid.

2. Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.

3. Establish a facility for animal control and may appoint or hire such personnel as may be necessary to operate the facility.

4. Prohibit cruelty to animals.

Sec. 2.310 Powers of city council: Abatement of noxious insects, rats and disease-bearing organisms. The city council may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the city or in territory outside the city but so situated that such insects, rats and disease bearing organisms migrate or are carried into the city.

Sec. 2.320 Powers of city council: Sanitary sewer facilities. The city council may:

1. Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.

2. Sell any product or byproduct thereof and acquire the appropriate outlets within or without the city and extend the sewer lines thereto.

3. Establish sewer fees and provide for the enforcement and collection thereof.

Sec. 2.330 Powers of city council: Provisions of utilities. The city council may:

1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.

2. Provide for the construction of any facility necessary for the provision of the utilities.

3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and may be perfected by filing with the county recorder of Elko County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien must:

(a) Be coequal with the latest lien thereon to secure the payment of general taxes.

(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.

(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.

Sec. 2.340 Powers of city council: Cemeteries; acquisition and maintenance. The city council may, by any lawful means:

1. Acquire and maintain property for public use as a cemetery.

2. Survey, plat, map, fence, ornament, and otherwise improve all public cemetery grounds.

3. Convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of cemetery grounds.

4. Vacate public burial and cemetery grounds.

5. Prohibit subsequent burials therein.

6. Provide for the removal therefrom of all bodies, which may have been interred therein.

Sec. 2.350 Powers of city council: Television franchises.

1. The city council may contract with, authorize or grant a franchise to, any person, company or association to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.

2. Any franchise granted must require a time within which actual construction must be commenced, a time within which distribution of television must be completed, and the posting of a bond in an amount to be set by the city council to assure compliance therewith.

Sec. 2.360 Powers of city council: Flood control. The city council may:

1. Construct, within or without the city limits, works designed to protect the city from floods.

2. Acquire by purchase or condemnation any property or water right necessary or appropriate for that purpose.

3. Enact all ordinances and regulations necessary to carry the power conferred in this section into effect.

(Ord. AB11, Amended, 10/02/2001, Prior Text; Legislative Updates, Amended, 11/13/2000, Prior Text; Article II, Amended, 10/23/2000, Prior Text)