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Spitting on the Sidewalk Is Illegal in Las Vegas

Las Vegas🎰 Vegas Tourist TrapsLVMC 10.38.010

Las Vegas still has an entire code chapter titled 'Spitting,' complete with fines of $5 to $25 — antique penalty amounts from a tuberculosis-era ordinance nobody ever repealed.

Buried in Title 10 of the Las Vegas Municipal Code — Public Peace, Morals and Welfare — sits Chapter 10.38, titled simply 'Spitting.' Its lone section, 10.38.010, makes it unlawful to spit 'on the floor, platform or steps of a railroad station,' and in 'any public building, hall, church, theater, market, post office, assembly room, elevator, public sidewalk, park or public place.' The railroad-station language betrays its age: this ordinance predates the Strip. It's a classic early-twentieth-century public-health measure from the tuberculosis era, when anti-spitting laws swept American cities — and Las Vegas simply never repealed its copy.

The penalty is the best evidence of dormancy: a fine of five to twenty-five dollars, or up to thirty days in city jail. Those amounts haven't been updated in roughly a century — a working ordinance would have been re-penalized long ago. The Review-Journal profiled the law in a 2023 roundup of odd rules still on the city's books, and no documented modern citation has surfaced. It is real law, it is still technically enforceable, and it has been, for many decades now, entirely asleep.

Las Vegas isn't alone, though. Up north, Sparks has a twin: Sparks Municipal Code 9.30.040 makes it unlawful to intentionally spit upon another person, or on any sidewalk, public building, or public conveyance in the city. And there's a live wire inside that antique: spitting on a person does still get charged in Sparks, usually alongside battery. Sidewalk-spitting prosecutions are effectively nil statewide — but aim at a human being and a TB-era ordinance suddenly wakes up with modern consequences.

What the Law Actually Says

LVMC 10.38.010

Read the official statute

Current Penalty

A fine of $5 to $25, or up to 30 days in city jail — antique amounts that themselves show the ordinance hasn't been touched in about a century.

Has Anyone Actually Been Cited?

No documented modern citations under LVMC 10.38.010. In Sparks, spitting on a person is still charged, usually alongside battery; sidewalk-spitting prosecutions are effectively nil.

The Attorney's Take

Thomas Boley, Las Vegas Criminal Defense Attorney

“The Sparks version of this law is the one worth remembering: spitting on the sidewalk is a dead letter, but spitting on a person is treated as an act of violence and typically gets charged alongside battery. In Nevada, battery is any willful, unlawful use of force on another — no injury required — and spit qualifies. I've seen bar arguments become criminal cases exactly this way. The century-old ordinance is a curiosity; the battery charge next to it is not.”

Frequently Asked Questions

Sources

Verified against the primary source: 2026-07-02

Legal Disclaimer: This content is for informational and entertainment purposes only and is not legal advice. If you are facing criminal charges, consult a licensed Nevada attorney.