Assembly Bill No. 627–Committee on Transportation

(On Behalf of Budget Division)

March 19, 1999

____________

Referred to Committee on Transportation

 

SUMMARY—Makes various changes concerning advertising signs and certain directional and informational signs. (BDR 35-1611)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to transportation; authorizing certain advertising in airspace over highways; requiring the department of transportation to establish fees for authorizing the use of trade-marks and symbols that identify individual enterprises on certain directional or informational signs and for providing information concerning commercial attractions; revising certain fees for providing information to the members of the general public; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 405.110 is hereby amended to read as follows:

1-2 405.110 1. Except on benches and shelters for passengers of public

1-3 mass transportation for which a franchise has been granted pursuant to NRS

1-4 244.187 and 244.188, or 268.081 and 268.083, no advertising signs,

1-5 signboards, boards or other materials containing advertising matter may:

1-6 (a) [Be] Except as otherwise provided in subsection 3, be placed upon

1-7 or over any state highway.

1-8 (b) [Be] Except as otherwise provided in subsection 3, be placed within

1-9 the highway right of way.

1-10 (c) [Be] Except as otherwise provided in subsection 3, be placed upon

1-11 any bridge or other structure thereon.

2-1 (d) Be so situated with respect to any public highway as to obstruct clear

2-2 vision of an intersecting highway or highways or otherwise so situated as to

2-3 constitute a hazard upon or prevent the safe use of the state highway.

2-4 2. With the permission of the department of transportation, counties,

2-5 towns or cities of this state may place at such points as are designated by

2-6 the director of the department of transportation suitable signboards

2-7 advertising the counties, towns or municipalities.

2-8 3. A person may place an advertising sign, signboard, board or other

2-9 material containing advertising matter in any airspace above a highway

2-10 if:

2-11 (a) The department of transportation has leased the airspace to the

2-12 person pursuant to subsection 2 of NRS 408.507, the airspace is over an

2-13 interstate highway and:

2-14 (1) The purpose of the sign, signboard, board or other material is to

2-15 identify a commercial establishment that is entirely located within the

2-16 airspace, services rendered or goods produced or sold upon the

2-17 commercial establishment or that the facility or property that is located

2-18 within the airspace is for sale or lease; and

2-19 (2) The size, location and design of the sign, signboard, board or

2-20 other material and the quantity of signs, signboards, boards or other

2-21 materials have been approved by the department of transportation; or

2-22 (b) The person owns real property adjacent to an interstate highway

2-23 and:

2-24 (1) The person has dedicated to a public authority a fee or

2-25 perpetual easement interest in at least one acre of the property for the

2-26 construction or maintenance, or both, of the highway over which he is

2-27 placing the sign, signboard, board or other material and the person

2-28 retained the air rights in the airspace above the property for which the

2-29 person has dedicated the interest;

2-30 (2) The sign, signboard, board or other material is located in the

2-31 airspace for which the person retained the air rights;

2-32 (3) The structure that supports the sign, signboard, board or other

2-33 material is not located on the property for which the person dedicated the

2-34 fee or easement interest to the public authority, and the public authority

2-35 determines that the location of the structure does not create a traffic

2-36 hazard; and

2-37 (4) The purpose of the sign, signboard, board or other material is to

2-38 identify an establishment or activity that is located on the real property

2-39 adjacent to the interstate highway, or services rendered or goods provided

2-40 or sold on that property.

2-41 4. If any such sign is placed in violation of this section it is thereby

2-42 declared a public nuisance and may be removed forthwith by the

2-43 department of transportation or its employees.

3-1 [4.] 5. Any person placing any such sign in violation of the provisions

3-2 of this section shall be punished by a fine of not more than $250, and is

3-3 also liable in damages for any injury or injuries incurred or for injury to or

3-4 loss of property sustained by any person by reason of the violation.

3-5 Sec. 2. NRS 408.557 is hereby amended to read as follows:

3-6 408.557 1. The director shall adopt regulations:

3-7 (a) Governing the size, shape, lighting and other characteristics of a sign

3-8 to be erected [in] at such a location;

3-9 (b) [Permitting] Authorizing the use of trade-marks and symbols

3-10 identifying an individual enterprise on a sign erected [in such a] at the

3-11 location;

3-12 (c) Fixing the qualifications of a person or governmental agency to

3-13 operate a center and of an enterprise to be identified on a directional or

3-14 informational sign;

3-15 (d) Fixing reasonable fees for [providing information about

3-16 accommodations and commercial services, to recover the actual

3-17 administrative cost incurred by the department; and] :

3-18 (1) Authorizing the use of trade-marks and symbols identifying an

3-19 individual enterprise on a directional or informational sign in a county

3-20 whose population is 100,000 or more; and

3-21 (2) Providing information concerning commercial attractions and

3-22 services; and

3-23 (e) Otherwise necessary to carry out the provisions of NRS 408.551 to

3-24 408.567, inclusive.

3-25 2. The regulations adopted by the director pursuant to subsection 1

3-26 must be consistent with the provisions of 23 U.S.C. § 131.

3-27 Sec. 3. NRS 408.567 is hereby amended to read as follows:

3-28 408.567 1. Money received by the department from:

3-29 (a) Fees for [providing information;] :

3-30 (1) Authorizing the use of trade-marks and symbols identifying an

3-31 individual enterprise on a directional or informational sign in a county

3-32 whose population is 100,000 or more; and

3-33 (2) Providing information concerning commercial attractions and

3-34 services;

3-35 (b) Participants in a telephone system established to reserve

3-36 accommodations for travelers; and

3-37 (c) Appropriations made by the legislature for the purposes of NRS

3-38 408.551 to 408.567, inclusive,

3-39 must be deposited with the state treasurer for credit to the account for

3-40 systems of providing information to the traveling public in the state

3-41 highway fund, which is hereby created.

3-42 2. Money in the account must only be used to carry out the provisions

3-43 of NRS 408.551 to 408.567, inclusive.

4-1 Sec. 4. NRS 484.287 is hereby amended to read as follows:

4-2 484.287 1. It is unlawful for any person to place, maintain or display

4-3 upon or in view of any highway any unauthorized sign, signal, marking or

4-4 device which purports to be or is an imitation of or resembles an official

4-5 traffic-control device or railroad sign or signal, or which attempts to direct

4-6 the movement of traffic, or which hides from view or interferes with the

4-7 effectiveness of any such device, sign or signal, and except as otherwise

4-8 provided in subsection 4, a person shall not place or maintain nor may any

4-9 public authority permit upon any highway any sign, signal or marking

4-10 bearing thereon any commercial advertising except on benches and shelters

4-11 for passengers of public mass transportation for which a franchise has been

4-12 granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083.

4-13 2. Every such prohibited sign, signal or marking is hereby declared to

4-14 be a public nuisance, and the proper public authority may remove the same

4-15 or cause it to be removed without notice.

4-16 3. This section does not prohibit the erection upon private property

4-17 adjacent to highways of signs giving useful directional information and of a

4-18 type that cannot be mistaken for official traffic-control devices.

4-19 4. A person may place and maintain commercial advertising in an

4-20 airspace above a highway under the conditions specified pursuant to

4-21 subsection 3 of NRS 405.110, and a public authority may permit

4-22 commercial advertising that has been placed in an airspace above a

4-23 highway under the conditions specified pursuant to subsection 3 of NRS

4-24 405.110.

4-25 Sec. 5. This act becomes effective upon passage and approval.

~