NRS 40.140 Nuisance defined; action for abatement and damages; exceptions.
1. Except as otherwise
provided in this section:
(a) Anything which is
injurious to health, or indecent and offensive to the senses, or an obstruction
to the free use of property, so as to interfere with the comfortable enjoyment
of life or property;
(b) A building or place used
for the purpose of unlawfully selling, serving, storing, keeping, manufacturing,
using or giving away a controlled substance, immediate precursor or controlled
substance analog;
(c) A building or place which
was used for the purpose of unlawfully manufacturing a controlled substance,
immediate precursor or controlled substance analog and:
(1) Which has not been deemed safe for habitation by the board of health; or
(2) From which all materials or substances involving the controlled substance,
immediate precursor or controlled substance analog have not been removed or
remediated by an entity certified or licensed to do so within 180 days after
the building or place is no longer used for the purpose of unlawfully
manufacturing a controlled substance, immediate precursor or controlled
substance analog; or
(d) A building or place
regularly and continuously used by the members of a criminal gang to engage in,
or facilitate the commission of, crimes by the criminal gang,
Ê is a
nuisance, and the subject of an action. The action may be brought by any person
whose property is injuriously affected, or whose personal enjoyment is lessened
by the nuisance, and by the judgment the nuisance may be enjoined or abated, as
well as damages recovered.
2. It is presumed:
(a) That an agricultural
activity conducted on farmland, consistent with good agricultural practice and
established before surrounding nonagricultural activities is reasonable. Such
activity does not constitute a nuisance unless the activity has a substantial
adverse effect on the public health or safety.
(b) That an agricultural
activity which does not violate a federal, state or local law, ordinance or
regulation constitutes good agricultural practice.
3. A shooting range does
not constitute a 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
(b) As those provisions exist
on the date that the shooting range begins operation, for a shooting range that
begins operation after
Ê 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.
4. As used in this
section:
(a) “Board of health” has the
meaning ascribed to it in NRS 439.4905.
(b) “Controlled substance
analog” has the meaning ascribed to it in NRS 453.043.
(c) “Criminal gang” has the meaning
ascribed to it in NRS 193.168.
(d) “Immediate precursor” has
the meaning ascribed to it in NRS 453.086.
(e) “Shooting range” means an
area designed and used for archery or sport shooting, including, but not
limited to, sport shooting that involves the use of rifles, shotguns, pistols,
silhouettes, skeet, trap, black powder or other similar items.
[1911 CPA § 562; RL § 5504;
NCL § 9051]—(NRS A 1985, 873; 1997, 951, 1471, 1472; 2007,
3128; 2009,
825, 1309)