1. Assembly Bill No. 39–Assemblyman Manendo

CHAPTER........

AN ACT relating to mobile home parks; prohibiting a landlord of a mobile home park from

prohibiting a tenant from exhibiting a political sign within the boundary of the lot of

the tenant under certain circumstances; authorizing a tenant to exhibit a political

sign within the right of way of a highway under certain circumstances; and

providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 118B of NRS is hereby amended by adding thereto

a new section to read as follows:

1. Except as otherwise provided in this subsection, a landlord or an

agent or employee of a landlord shall not prohibit a tenant from

exhibiting a political sign not larger than 24 inches by 36 inches within

the boundary of the lot of the tenant. The restriction placed on a landlord

or an agent or an employee of a landlord relative to a political sign is

applicable only until 7 days after the general or special election for the

office or ballot question to which the sign relates.

2. As used in this section, "political sign" means a sign, display or

device that:

(a) Expresses support for or opposition to a candidate, political party

or ballot question; or

(b) Otherwise relates to a political campaign or election.

Sec. 2. NRS 118B.210 is hereby amended to read as follows:

  1. 118B.210 1. The landlord shall not terminate a tenancy, refuse to
  1. renew a tenancy, increase rent or decrease services he normally supplies, or
  1. bring or threaten to bring an action for possession of a mobile home lot as
  1. retaliation upon the tenant because:
  1. (a) He has complained in good faith about a violation of a building,
  1. safety or health code or regulation pertaining to a mobile home park to the
  1. governmental agency responsible for enforcing the code or regulation.
  1. (b) He has complained to the landlord concerning the maintenance,
  1. condition or operation of the park or a violation of any provision of NRS
  1. 118B.040 to 118B.220, inclusive, and section 1 of this act or NRS
  1. 118B.240.
  1. (c) He has organized or become a member of a tenants’ league or similar
  1. organization.
  1. (d) He has requested the reduction in rent required by:
  1. (1) NRS 118.165 as a result of a reduction in property taxes.
  1. (2) NRS 118B.153 when a service, utility or amenity is decreased or
  1. eliminated by the landlord.
  1. (e) A citation has been issued to the landlord as the result of a complaint
  1. of the tenant.
  2. (f) In a judicial proceeding or arbitration between the landlord and the
  1. tenant, an issue has been determined adversely to the landlord.
  1. 2. A landlord, manager or assistant manager of a mobile home park
  1. shall not willfully harass a tenant.

3. As used in this section, "harass" means to threaten or intimidate,

through words or conduct, with the intent to affect the terms or conditions of

a tenancy or the tenant’s exercise of his rights pursuant to this chapter.

Sec. 3. NRS 405.030 is hereby amended to read as follows:

  1. 405.030 1. Except as otherwise provided in subsection 3 and except
  1. within the limits of any city or town through which the highway may run,
  1. and on benches and shelters for passengers of public mass transportation
  1. built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188,
  1. or 268.081 and 268.083, it is unlawful for any person, firm or corporation
  1. to paste, paint, print or in any manner whatever place or attach to any
  1. building, fence, gate, bridge, rock, tree, board, structure, or anything
  1. whatever, any written, printed, painted or other outdoor advertisement, bill,
  1. notice, sign, picture, card or poster:
  1. (a) Within any right of way of any state highway or road which is owned
  1. or controlled by the department of transportation.
  1. (b) Within 20 feet of the main traveled way of any unimproved highway.
  1. (c) On the property of another within view of any such highway, without
  1. the owner’s written consent.
  1. 2. Nothing in this section prevents the posting or maintaining of any
  1. notices required by law to be posted or maintained, or the placing or
  1. maintaining of highway signs giving directions and distances for the
  1. information of the traveling public if the signs are approved by the
  1. department of transportation.

3. A tenant of a mobile home park may exhibit a political sign within

a right of way of a state highway or road which is owned or controlled by

the department of transportation if the tenant exhibits the sign within the

boundary of his lot and in accordance with the requirements and

limitations set forth in section 1 of this act. As used in this subsection, the

term "political sign" has the meaning ascribed to it in section 1 of this

act.

Sec. 4. NRS 405.110 is hereby amended to read as follows:

  1. 405.110 1. Except on benches and shelters for passengers of public
  1. mass transportation for which a franchise has been granted pursuant to NRS
  1. 244.187 and 244.188, or 268.081 and 268.083, no advertising signs,
  1. signboards, boards or other materials containing advertising matter may:
  1. (a) Except as otherwise provided in subsection 3, be placed upon or
  1. over any state highway.
  1. (b) Except as otherwise provided in [subsection 3,] subsections 3 and 4,
  1. be placed within the highway right of way.
  1. (c) Except as otherwise provided in subsection 3, be placed upon any
  1. bridge or other structure thereon.
  2. (d) Be so situated with respect to any public highway as to obstruct clear
  1. vision of an intersecting highway or highways or otherwise so situated as to
  1. constitute a hazard upon or prevent the safe use of the state highway.
  1. 2. With the permission of the department of transportation, counties,
  1. towns or cities of this state may place at such points as are designated by
  1. the director of the department of transportation suitable signboards
  1. advertising the counties, towns or municipalities.
  1. 3. A person may place an advertising sign, signboard, board or other
  1. material containing advertising matter in any airspace above a highway if:
  1. (a) The department of transportation has leased the airspace to the
  1. person pursuant to subsection 2 of NRS 408.507, the airspace is over an
  1. interstate highway and:
  1. (1) The purpose of the sign, signboard, board or other material is to
  1. identify a commercial establishment that is entirely located within the
  1. airspace, services rendered or goods produced or sold upon the commercial
  1. establishment or that the facility or property that is located within the
  1. airspace is for sale or lease; and
  1. (2) The size, location and design of the sign, signboard, board or
  1. other material and the quantity of signs, signboards, boards or other
  1. materials have been approved by the department of transportation; or
  1. (b) The person owns real property adjacent to an interstate highway and:
  1. (1) The person has dedicated to a public authority a fee or perpetual
  1. easement interest in at least one acre of the property for the construction or
  1. maintenance, or both, of the highway over which he is placing the sign,
  1. signboard, board or other material and the person retained the air rights in
  1. the airspace above the property for which the person has dedicated the
  1. interest;
  1. (2) The sign, signboard, board or other material is located in the
  1. airspace for which the person retained the air rights;
  1. (3) The structure that supports the sign, signboard, board or other
  1. material is not located on the property for which the person dedicated the
  1. fee or easement interest to the public authority, and the public authority
  1. determines that the location of the structure does not create a traffic hazard;
  1. and
  1. (4) The purpose of the sign, signboard, board or other material is to
  1. identify an establishment or activity that is located on the real property
  1. adjacent to the interstate highway, or services rendered or goods provided
  1. or sold on that property.
  1. 4. A tenant of a mobile home park may exhibit a political sign within
  1. a right of way of a state highway or road which is owned or controlled by
  1. the department of transportation if the tenant exhibits the sign within the
  1. boundary of his lot and in accordance with the requirements and
  1. limitations set forth in section 1 of this act. As used in this subsection, the
  1. term "political sign" has the meaning ascribed to it in section 1 of this
  1. act.
  2. 5. If any such sign is placed in violation of this section it is thereby
  1. declared a public nuisance and may be removed forthwith by the
  1. department of transportation or the public authority.

[5.] 6. Any person placing any such sign in violation of the provisions

of this section shall be punished by a fine of not more than $250, and is also

liable in damages for any injury or injuries incurred or for injury to or loss

of property sustained by any person by reason of the violation.

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