City aligns municipal code to Nevada Revised Statutes

The Fallon City Council approved Tuesday to “codify” the language in the current municipal code to align wording with Nevada Revised Statutes.

“We’re cleaning up our code to what NRS 266 has provided,” said Mayor Ken Tedford Jr. at the month’s second regularly scheduled meeting.

Each of the five bills allowed for public comment before the council voted. Councilman Bob Erickson said clarifying the code is a manner in which the city of Fallon conducts business.

Tedford said Fallon is one of six or seven Nevada cities that chose in its infancy to set its government up as a general city and change its codes to match the NRS.

The council voted to adopt Bill No. 761 as Ordinance No. 742 to codify the powers and duties of the city’s executive branch of government.

The Fallon Municipal Code has never addressed the executive branch although the general ordinances were codified in 1977.

The sections of the bill outlined the general duties of the mayor and defined the positions in the executive branch including mayor, clerk-treasurer, city attorney, chief of police, city engineer, director of public works and other officers created and deemed necessary by the city Council.

Tedford told council members that the mayor is not a member of the city council and cannot vote on matters that come before the council, even if the vote ends in a tie.

The city council then discussed an ordinance amending Title 2, Chapter 2.04, of the municipal code. The adoption of Bill No. 762 as Ordinance No. 743 codifies the powers and duties of the city’s legislative branch.

The ordinance, which the council approved 3-0, codifies the election, number and general powers of City Council members and clarifies time and place of meetings.

Tedford said one change resulted from amending the ordinance. The city council may elect to hold a regular meeting at different place as long as proper notice is in accordance with the law.

Tedford said this would allow the city council, for example, to vote for a joint meeting with the County Commission or another board at a location outside the city chambers. The ordinance also clarifies how a vacancy on the city council would be handled at the first regular meeting after the vacancy occurred.

Bill No. 763 amended several chapters of the Fallon Municipal Code to clarify the appointment of deputy and assistant city officers, police captains and designation of existing offices.

The council voted 3-0 to accept the provisions of Bill No. 763.

Tedford said the mayor appoints the individuals with confirmation from the city council. The mayor can appoint the following positions: City engineer, chief of police, clerk-treasurer, municipal court judge, director of Public Works, the city attorney and officers or other offices created by the city council, and any deputy or assistant to the aforementioned offices.

Bill No 764, an ordinance amending Title 2, Chapter 2.20, Section 2.20.060, corrected a codification error in the designation of the city’s three voting wards.

Tedford said one word was mistakenly transferred with another, so the city council’s adoption corrected the mistake.

The final public discussion and voted centered on Bill No. 765, an ordinance that redefined the term “business” as it applied to business licensing.

Tedford said the city’s information now matches the State of Nevada’s. According to NRS and now the Fallon Municipal Code, “‘Business’ means all professions, trade, occupations and callings of every kind carried on for profit, and specifically includes, without limitation, the renting or leasing of more than four residential units to others, and person or entities that hold garage sales, yard sales or similar sales three or more times during any calendar year.”

A “Business” does not include, for example, people who host sales parties at their homes; religious, charitable, fraternal literary or scientific fundraising; and a nonprofit organization that qualifies as a tax-exempt organization pursuant to 26 USC 501(c).

In other business, the city council approved a liquor license for an off-premises/unrestricted liquor license for Johnnie’s Spirits & Deli, 715 S. Taylor St.