Does Las Vegas have a vagrancy law?

The City of Las Vegas has a new vagrancy law under 10.86.010 called the encampment ordinance. This new law makes it a misdemeanor for people to sleep or otherwise camp out in certain areas if there is space available at shelters. Penalties under this new ordinance include up to 6 months in jail and/or up to $1,000 in fines. The prohibited areas include:

• Any public right-of-way (such as a sidewalk or street) adjacent to property zoned for residential use;
• Any public right-of-way within five hundred feet of any receiving dock of a food processing facility;
• Any public right-of-way adjacent to, or included within, the following areas:
  • Las Vegas Arts District;
  • Cashman District;
  • Civil and Business District;
  • Design District;
  • Founders District;
  • Fremont East District;
  • Gateway District;
  • Historic Westside District;
  • Las Vegas Medical District;
  • Market Corridor District;
  • Resort and Casino District; and
  • Symphony Park District.

In addition, Nevada has a vagrancy statute under NRS 207.030 which is enforced throughout the state, including Las Vegas. Also misdemeanor, vagrancy is a very broad law that prohibits such as acts as prostitution, pimping, keeping stolen property, loitering in public restrooms for sex, and lodging in buildings without permission.

The penalties for violating vagrancy laws depend on the specific act:

Act of Vagrancy	Penalties under Nevada Law*
Offering or agreeing to engage in – or actually engaging in – lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. or Offering or agreeing to engage in – or actually engaging in – or aiding and abetting any act of prostitution. or Being a pimp, panderer or procurer – or living in or about houses of prostitution.	First offense in three years Misdemeanor: Up to 6 months in jail, and/or Up to $1,000 in fines
	Second offense in three years Misdemeanor: 30 days to 6 months in jail, and $250 to $1,000 in fines
	Third offense in three years Misdemeanor: 6 months in jail, and $250 to $1,000 in fines
Seeking admission to a house on frivolous pretexts for no other apparent motive other than to see who or what may be there.	Misdemeanor: Up to 6 months in jail, and/or Up to $1,000 in fines
Keeping a place where lost or stolen property is concealed.	Misdemeanor: Up to 6 months in jail, and/or Up to $1,000 in fines
Loitering in or about any public restroom for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.	Misdemeanor: Up to 6 months in jail, and/or Up to $1,000 in fines
Lodging in any public or private building, structure or place in either of the following circumstances: A notice of default and election to sell has been recorded (unless the person is the owner, tenant, or entitled to the possession or control of the property); or The property has been placed on a registry of vacant, abandoned or foreclosed property by a local government, unless the person is the owner, tenant or entitled to the possession or control of the property; or The person does not have the permission of the owner or other person entitled to the possession or control of the property	Misdemeanor: Up to 6 months in jail, and/or Up to $1,000 in fines
*Defendants convicted on more than one count of being a vagrant must serve their sentences consecutively, not concurrently. In addition, able-bodied people jailed for vagrancy may be required to perform labor on the public works, buildings, grounds, or ways in the county. Defendants will receive two days’ credit for each day worked.

In practice, police officers only arrest people on vagrancy charges when there are no other, more specific crimes that apply. For instance, alleged prostitutes typically get charged with prostitution (NRS 201.354). Alleged pimps typically get charged with pimping (NRS 201.320) and pandering (NRS 201.300(1)). And people who keep stolen property typically get charged with receipt of stolen property (NRS 205.275).

Note that local governments may enact an ordinance which regulates the time, place or manner in which homeless people or the needy may beg or solicit alms in public areas or public spaces.

Helpful links

• Las Vegas Municipal Code 10.86.010. – Encampment Ordinance.
• Las Vegas City Council – council meetings with city officials
• Las Vegas Metropolitan Police Department law enforcement
• Mayor Carolyn Goodman
• Courtyard Homeless Resource Center
• Clark County Social Services
• Nevada Affordable Housing Assistance Corporation
• HELP of Southern Nevada for homeless individuals
• Homelessness in Southern Nevada – City of Henderson
• Las Vegas City Hall
• Homeless shelters and emergency housing in Nevada – United States Department of Housing and Urban Development
• Nevada Supreme Court
• Nevada Court of Appeals
• Downtown Las Vegas Alliance