Definition.
1. A public nuisance is a crime against the order and economy of the State.
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;
(b) Wherein any fighting between animals or birds is conducted;
(c) Wherein any dog races are conducted as a gaming activity;
(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution;
(e) Wherein a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043 is unlawfully sold, served, stored, kept, manufactured, used or given away; or
(f) Where vagrants resort,
Ę is a public nuisance.
3. Every act unlawfully done and every omission to perform a duty, which act or omission:
(a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;
(b) Offends public decency;
(c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d) In any way renders a considerable number of persons insecure in life or the use of property,
Ę is a public nuisance.
4. Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
5. A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:
(a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or
(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.
Ę A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.
6. As used in this section, “shooting range” has the meaning ascribed to it in NRS 40.140.
Last modified: February 25, 2006