Assembly Bill No. 39–Assemblyman Manendo
Prefiled January 12, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Prohibits landlord of mobile home park from prohibiting tenant from exhibiting political sign within boundary of lot of tenant under certain circumstances and authorizes tenant to exhibit political sign in right of way of highway under certain circumstances. (BDR 10-1094)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 118B of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
1. Except as otherwise provided in this subsection, a landlord or an1-4
agent or employee of a landlord shall not prohibit a tenant from1-5
exhibiting a political sign not larger than 24 inches by 36 inches within1-6
the boundary of the lot of the tenant. The restriction placed on a landlord1-7
or an agent or an employee of a landlord relative to a political sign is1-8
applicable only until 7 days after the general or special election for the1-9
office or ballot question to which the sign relates.1-10
2. As used in this section, "political sign" means a sign, display or1-11
device that:1-12
(a) Expresses support for or opposition to a candidate, political party1-13
or ballot question; or1-14
(b) Otherwise relates to a political campaign or election.2-1
Sec. 2. NRS 118B.210 is hereby amended to read as follows: 118B.210 1. The landlord shall not terminate a tenancy, refuse to2-3
renew a tenancy, increase rent or decrease services he normally supplies, or2-4
bring or threaten to bring an action for possession of a mobile home lot as2-5
retaliation upon the tenant because:2-6
(a) He has complained in good faith about a violation of a building,2-7
safety or health code or regulation pertaining to a mobile home park to the2-8
governmental agency responsible for enforcing the code or regulation.2-9
(b) He has complained to the landlord concerning the maintenance,2-10
condition or operation of the park or a violation of any provision of NRS2-11
118B.040 to 118B.220, inclusive, and section 1 of this act or NRS2-12
118B.240.2-13
(c) He has organized or become a member of a tenants’ league or similar2-14
organization.2-15
(d) He has requested the reduction in rent required by:2-16
(1) NRS 118.165 as a result of a reduction in property taxes.2-17
(2) NRS 118B.153 when a service, utility or amenity is decreased or2-18
eliminated by the landlord.2-19
(e) A citation has been issued to the landlord as the result of a complaint2-20
of the tenant.2-21
(f) In a judicial proceeding or arbitration between the landlord and the2-22
tenant, an issue has been determined adversely to the landlord.2-23
2. A landlord, manager or assistant manager of a mobile home park2-24
shall not willfully harass a tenant.2-25
3. As used in this section, "harass" means to threaten or intimidate,2-26
through words or conduct, with the intent to affect the terms or conditions of2-27
a tenancy or the tenant’s exercise of his rights pursuant to this chapter.2-28
Sec. 3. NRS 405.030 is hereby amended to read as follows: 405.030 1. Except as otherwise provided in subsection 3 and except2-30
within the limits of any city or town through which the highway may run,2-31
and on benches and shelters for passengers of public mass transportation2-32
built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188,2-33
or 268.081 and 268.083, it is unlawful for any person, firm or corporation2-34
to paste, paint, print or in any manner whatever place or attach to any2-35
building, fence, gate, bridge, rock, tree, board, structure, or anything2-36
whatever, any written, printed, painted or other outdoor advertisement, bill,2-37
notice, sign, picture, card or poster:2-38
(a) Within any right of way of any state highway or road which is owned2-39
or controlled by the department of transportation.2-40
(b) Within 20 feet of the main traveled way of any unimproved highway.2-41
(c) On the property of another within view of any such highway, without2-42
the owner’s written consent.3-1
2. Nothing in this section prevents the posting or maintaining of any3-2
notices required by law to be posted or maintained, or the placing or3-3
maintaining of highway signs giving directions and distances for the3-4
information of the traveling public if the signs are approved by the3-5
department of transportation.3-6
3. A tenant of a mobile home park may exhibit a political sign within3-7
a right of way of a state highway or road which is owned or controlled by3-8
the department of transportation if the tenant exhibits the sign within the3-9
boundary of his lot and in accordance with the requirements and3-10
limitations set forth in section 1 of this act. As used in this subsection, the3-11
term "political sign" has the meaning ascribed to it in section 1 of this3-12
act.3-13
Sec. 4. NRS 405.110 is hereby amended to read as follows: 405.110 1. Except on benches and shelters for passengers of public3-15
mass transportation for which a franchise has been granted pursuant to NRS3-16
244.187 and 244.188, or 268.081 and 268.083, no advertising signs,3-17
signboards, boards or other materials containing advertising matter may:3-18
(a) Except as otherwise provided in subsection 3, be placed upon or3-19
over any state highway.3-20
(b) Except as otherwise provided in3-21
be placed within the highway right of way.3-22
(c) Except as otherwise provided in subsection 3, be placed upon any3-23
bridge or other structure thereon.3-24
(d) Be so situated with respect to any public highway as to obstruct clear3-25
vision of an intersecting highway or highways or otherwise so situated as to3-26
constitute a hazard upon or prevent the safe use of the state highway.3-27
2. With the permission of the department of transportation, counties,3-28
towns or cities of this state may place at such points as are designated by3-29
the director of the department of transportation suitable signboards3-30
advertising the counties, towns or municipalities.3-31
3. A person may place an advertising sign, signboard, board or other3-32
material containing advertising matter in any airspace above a highway if:3-33
(a) The department of transportation has leased the airspace to the3-34
person pursuant to subsection 2 of NRS 408.507, the airspace is over an3-35
interstate highway and:3-36
(1) The purpose of the sign, signboard, board or other material is to3-37
identify a commercial establishment that is entirely located within the3-38
airspace, services rendered or goods produced or sold upon the commercial3-39
establishment or that the facility or property that is located within the3-40
airspace is for sale or lease; and3-41
(2) The size, location and design of the sign, signboard, board or3-42
other material and the quantity of signs, signboards, boards or other3-43
materials have been approved by the department of transportation; or4-1
(b) The person owns real property adjacent to an interstate highway and:4-2
(1) The person has dedicated to a public authority a fee or perpetual4-3
easement interest in at least one acre of the property for the construction or4-4
maintenance, or both, of the highway over which he is placing the sign,4-5
signboard, board or other material and the person retained the air rights in4-6
the airspace above the property for which the person has dedicated the4-7
interest;4-8
(2) The sign, signboard, board or other material is located in the4-9
airspace for which the person retained the air rights;4-10
(3) The structure that supports the sign, signboard, board or other4-11
material is not located on the property for which the person dedicated the4-12
fee or easement interest to the public authority, and the public authority4-13
determines that the location of the structure does not create a traffic hazard;4-14
and4-15
(4) The purpose of the sign, signboard, board or other material is to4-16
identify an establishment or activity that is located on the real property4-17
adjacent to the interstate highway, or services rendered or goods provided4-18
or sold on that property.4-19
4. A tenant of a mobile home park may exhibit a political sign within4-20
a right of way of a state highway or road which is owned or controlled by4-21
the department of transportation if the tenant exhibits the sign within the4-22
boundary of his lot and in accordance with the requirements and4-23
limitations set forth in section 1 of this act. As used in this subsection, the4-24
term "political sign" has the meaning ascribed to it in section 1 of this4-25
act.4-26
5. If any such sign is placed in violation of this section it is thereby4-27
declared a public nuisance and may be removed forthwith by the4-28
department of transportation or the public authority.4-29
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of this section shall be punished by a fine of not more than $250, and is also4-31
liable in damages for any injury or injuries incurred or for injury to or loss4-32
of property sustained by any person by reason of the violation.~