Senate Amendment to Assembly Bill No. 39 First Reprint (BDR 10-1094)
Proposed by: Committee on Commerce and Labor.
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by adding new sections designated sections 3 and 4, following sec. 2, to read as follows:
"Sec. 3. NRS 405.030 is hereby amended to read as follows:
as otherwise provided in subsection 3 and except within the limits of any city or town through which the highway may run, and on benches and shelters for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083, it is unlawful for any person, firm or corporation to paste, paint, print or in any manner whatever place or attach to any building, fence, gate, bridge, rock, tree, board, structure, or anything whatever, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster:(a) Within any right of way of any state highway or road which is owned or controlled by the department of transportation.
(b) Within
20 feet of the main traveled way of any unimproved highway.(c) On the property of another within view of any such highway, without the owner’s written consent.
2. Nothing in this section prevents the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public if the signs are approved by the 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:
405.110 1. Except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, or 268.081 and 268.083, no advertising signs, signboards, boards or other materials containing advertising matter may:
(a) Except as otherwise provided in subsection 3, be placed upon or over any state highway.
(b) Except as otherwise provided in
(c) Except as otherwise provided in subsection 3, be placed upon any bridge or other structure thereon.
(d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.
2. With the permission of the department of transportation, counties, towns or cities of this state may place at such points as are designated by the director of the department of transportation suitable signboards advertising the counties, towns or municipalities.
3. A person may place an advertising sign, signboard, board or other material containing advertising matter in any airspace above a highway if:
(a) The department of transportation has leased the airspace to the person pursuant to subsection 2 of NRS 408.507, the airspace is over an interstate highway and:
(1) The purpose of the sign, signboard, board or other material is to identify a commercial establishment that is entirely located within the airspace, services rendered or goods produced or sold upon the commercial establishment or that the facility or property that is located within the airspace is for sale or lease; and
(2) The size, location and design of the sign, signboard, board or other material and the quantity of signs, signboards, boards or other materials have been approved by the department of transportation; or
(b) The person owns real property adjacent to an interstate highway and:
(1) The person has dedicated to a public authority a fee or perpetual easement interest in at least one acre of the property for the construction or maintenance, or both, of the highway over which he is placing the sign, signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;
(2) The sign, signboard, board or other material is located in the airspace for which the person retained the air rights;
(3) The structure that supports the sign, signboard, board or other material is not located on the property for which the person dedicated the fee or easement interest to the public authority, and the public authority determines that the location of the structure does not create a traffic hazard; and
(4) The purpose of the sign, signboard, board or other material is to identify an establishment or activity that is located on the real property adjacent to the interstate highway, or services rendered or goods provided or sold on that property.
4.
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.5.
If any such sign is placed in violation of this section it is thereby declared a public nuisance and may be removed forthwith by the department of transportation or the public authority.
Amend the title of the bill, third line, after "circumstances;" by inserting:
"authorizing a tenant to exhibit a political sign within the right of way of a highway under certain circumstances;".
Amend the summary of the bill, third line, by deleting the period and inserting:
"and authorizes tenant to exhibit political sign in right of way of highway under certain circumstances.".