The COVID Project
The record
- Jurisdiction
- Nevada
- Level
- State
- Authority
- Nev. Const. art. 4, s. 1; 1911 Crimes and Punishments Act ss. 298-299 (public nuisance); Stats. 1995 (NRS 202.595)
- Effective
- standing law in force throughout 2020 Q2 to 2021 Q3
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Standing dutyOther
- Addressees
- persons generally; owners and lessors of buildings (202.470(3)); persons under a legal duty (202.470(2), 202.595)
- Character
- sanitary code duty
- Collection
- Standing duties: Nevada DUT-NV
Operative words
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;... or (d) In any way renders a considerable number of persons insecure in life or the use of property, -- is a public nuisance.
Penalty
NRS 202.470: misdemeanor (NRS 193.150: 6 months and $1,000); NRS 202.480: mandatory abatement order within 3 days and civil penalty; NRS 202.595: gross misdemeanor, or category C felony (NRS 193.130: 1 to 5 years and up to $10,000) where the act or neglect results in substantial bodily harm or death
What it required
Any unlawful act or omission of a duty that endangers the health or safety of a considerable number of persons is a public nuisance, 'a crime against the order and economy of the State' (202.450(1)); whoever commits or maintains it, willfully omits a legal duty relating to its removal, or lets a building knowing it is used for it is guilty of a misdemeanor (202.470) and must abate it (202.480); and any person who performs an act or neglects a legal duty 'in willful or wanton disregard of the safety of persons or property' commits a gross misdemeanor, or a category C felony where substantial bodily harm or death results (202.595).
Retrieval noteDirective 007 (Ex. NV-009) and Directive 024 s. NRS 202.595: 'a person who performs any act or neglects any duty imposed by law in willful or wanton disregard of the safety of persons or property shall be punished: 1. If the act or neglect does not result in the substantial bodily harm or death of a person, for a gross misdemeanor. 2. If the act or neglect results in the substantial bodily harm or death of a person, for a category C felony.' Read with NRS 618.375 and 441A.180, the section attaches felony exposure to the willful neglect of the standing safety duties. Chapter page renders at about 78 pages.