2018 2:00:00 PM

Monday, October 8, 2018 2:00 PM
Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV

General Business: 9.5

Title: FIRST READING, of Bill No. 2747, an ordinance amending Chapter 1.12 of the Sparks Municipal Code, relating to contempt of court, and providing other matters properly related thereto.

Petitioner/Presenter: Chester H. Adams, Sparks City Attorney/Alyson L. McCormick, Assistant City Attorney

Recommendation: That the City Council instruct the City Clerk to read the FIRST READING of the Bill by title on October 8, 2018, and thereafter publish notice of a SECOND READING and public hearing of the Bill for its adoption and possible approval on October 22, 2018.

Financial Impact: N/A

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief:

This is the First Reading of Bill No. 2747, an Ordinance amending Chapter 1.12 of the Sparks Municipal Code regarding contempt of court.

Background:

According to NRS 199.340, criminal contempt is a misdemeanor. SMC 1.12.040 incorporates NRS 199.340 into the Sparks Municipal Code. NRS 22.010 describes non-criminal contempt, which is subject to different procedures and lower maximum penalties than criminal contempt. While the Sparks Municipal Court properly applies the lower maximum penalties to non-criminal contempt, our Code does not incorporate the language of NRS 22.010 or other provisions of NRS Chapter 22. The proposed language of SMC 1.12.033(A) through (G) is taken directly from NRS 22.010, and subsections (H) through (J) are proposed to specifically address existing procedures of the Sparks Municipal Court. Adding this Section to the Code will clarify the conduct that amounts to non-criminal contempt of court. Further, adding SMC 1.12.035 will clarify the procedures and penalties applicable to such conduct.

Analysis:

The proposed amendments would add language from and references to NRS Chapter 22 to close the gap in our Code regarding non-criminal contempt of court and the procedures and penalties that apply to such conduct. Therefore, the City Attorney’s Office recommends that City Council approve the proposed amendments to Chapter 1.12.

Alternatives:

City Council could reject the proposed amendments to SMC Chapter 1.12 regarding contempt of court.

Recommended Motion:

This is the First Reading only; no motion is required.

Attached Files:

Contempt etc.pdf

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