Senate Bill No. 168–Senator Schneider
February 11, 1999
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Joint Sponsor: Assemblywoman Buckley
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Referred to Committee on Transportation
SUMMARY—Revises provisions governing closure of highways, bridges, roads and streets for construction, maintenance or repair in certain counties. (BDR 35-1241)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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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 403 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
During the period from December 1 to January 2, inclusive, a board of1-4
county highway commissioners, a board of road commissioners or a1-5
county road supervisor in a county whose population is 100,000 or more1-6
shall not close a public highway, road or bridge to construct, maintain or1-7
repair that highway, road or bridge unless the closure is necessary to1-8
protect:1-9
1. The public; or1-10
2. The highway, road or bridge from damage during a storm.2-1
Sec. 2. NRS 403.090 is hereby amended to read as follows: 403.0902-3
the board of county highway commissioners2-4
control of all matters2-5
maintaining of public highways, roads and bridges within its county.2-6
Sec. 3. NRS 403.140 is hereby amended to read as follows: 403.140 1.2-8
act, under the direction of the board of county highway commissioners, the2-9
county road supervisor shall:2-10
(a) Take charge of all county roads.2-11
(b) Supervise and direct the building, repairing and maintaining of all2-12
county roads.2-13
(c) Lay out roads on the best grades and alignments possible.2-14
(d) Repair, plan and supervise and furnish estimates for the guidance of2-15
the board of county highway commissioners.2-16
(e) Perform such other duties as the board of county highway2-17
commissioners may direct and as are required by this chapter.2-18
2. The county road supervisor shall view every county road within his2-19
county at least once each year.2-20
Sec. 4. NRS 403.160 is hereby amended to read as follows: 403.160 1. If the board of county highway commissioners2-22
2-23
the board may2-24
each district. The board of road commissioners2-25
to three members.2-26
2. The boundaries of the districts may be fixed by the board of county2-27
highway commissioners, and road commissioners may be elected in the2-28
same manner as2-29
3. Road commissioners shall hold office until their successors are2-30
2-31
the constitutional oath of office before entering upon their duties.2-32
4.2-33
road commissioners2-34
2-35
(a) Shall exercise the duties of the county road supervisor.2-36
(b)2-37
may appoint whomever the board may choose to do the work.2-38
5. All vouchers2-39
commissioners and allowed as in the usual course of claims against the2-40
county, but2-41
any amount of work in excess of the3-1
district by the board of county commissioners unless in case of an3-2
emergency when, by order of the board of county commissioners, a larger3-3
amount may be expended.3-4
6. The board of county commissioners shall set aside for each road3-5
district the3-6
meeting of the board in January, or as soon thereafter as possible.3-7
Sec. 5. NRS 404.150 is hereby amended to read as follows: 404.1503-9
1. Except as otherwise provided in subsection 2, each road supervisor3-10
appointed under the provisions of NRS 404.120 to 404.160, inclusive,3-11
shall:3-12
3-13
3-14
(b) Attest to the propriety and correctness of all bills for3-15
3-16
(c) Direct the expenditures of all sums set apart for his road district by3-17
the board of county commissioners,3-18
may be contracted or any money expended by the road supervisor unless he3-19
3-20
county commissioners.3-21
2. During the period from December 1 to January 2, inclusive, a3-22
road supervisor in a county whose population is 100,000 or more shall3-23
not close a road in his district to construct, maintain or repair that road3-24
unless the closure is necessary to protect:3-25
(a) The public; or3-26
(b) The road from damage during a storm.3-27
Sec. 6. Chapter 408 of NRS is hereby amended by adding thereto the3-28
provisions set forth as sections 7 and 8 of this act.3-29
Sec. 7. 1. Any contract made or awarded by the department for the3-30
construction, improvement, maintenance or repair of a highway or an3-31
appurtenance to that highway that is located in a county whose3-32
population is 100,000 or more must include a provision for the payment3-33
of an additional amount of money to the person with whom the contract3-34
is made or to whom it is awarded if he satisfactorily completes the3-35
construction, improvement, maintenance or repair of the highway or3-36
appurtenance before the date for completion of that construction,3-37
improvement, maintenance or repair set forth in the contract.3-38
2. The amount of money to be paid pursuant to a provision included3-39
in a contract specified in subsection 1 and the date before which the work3-40
must be completed must be determined by the department.4-1
Sec. 8. During the period from December 1 to January 2, inclusive,4-2
the director shall not close a highway that is located in a county whose4-3
population is 100,000 or more to construct, reconstruct, improve or4-4
maintain that highway unless the closure is necessary to protect:4-5
1. The public; or4-6
2. The highway from damage during a storm.4-7
Sec. 9. NRS 408.210 is hereby amended to read as follows: 408.210 1.4-9
act, the director may restrict the use of, or close, any highway4-10
he considers the closing or restriction of use necessary:4-11
(a)4-12
(b)4-13
during4-14
improvement or maintenance operations thereon.4-15
(c) To promote economic development or tourism in the best interest of4-16
the state or upon the written request of the executive director of the4-17
commission on economic development or the commission on tourism.4-18
2. The director may:4-19
(a) Divide or separate any highway into separate roadways, wherever4-20
there is particular danger to the traveling public of collisions between4-21
vehicles proceeding in opposite directions or from vehicular turning4-22
movements or cross-traffic, by constructing curbs, central dividing sections4-23
or other physical dividing lines, or by signs, marks or other devices in or on4-24
the highway appropriate to designate the dividing line.4-25
(b) Lay out and construct frontage roads on and along any highway or4-26
freeway and divide and separate any such frontage road from the main4-27
highway or freeway by means of curbs, physical barriers or by other4-28
appropriate devices.4-29
3. The director may remove from the highways any unlicensed4-30
encroachment which is not removed, or the removal of which is not4-31
commenced and thereafter diligently prosecuted, within 5 days after4-32
personal service of notice and demand upon the owner of the encroachment4-33
or his agent. In lieu of personal service upon that person or his agent,4-34
service of the notice may4-35
by posting, for a period of 5 days, a copy of the notice on the encroachment4-36
described in the notice. Removal by the department of the encroachment on4-37
the failure of the owner to comply with the notice and demand gives the4-38
department a right of action to recover the expense of the removal, cost and4-39
expenses of suit, and in addition thereto the sum of $100 for each day the4-40
encroachment remains beyond 5 days after the service of the notice and4-41
demand.4-42
4. If the director determines that the interests of the department are not4-43
compromised by a proposed or existing encroachment, he may issue a5-1
license to the owner or his agent permitting an encroachment on the5-2
highway.5-3
or removal of the encroachment in the following manner. Upon notice from5-4
the director to the owner of the encroachment or his agent, the owner or5-5
agent may propose a5-6
the encroachment as required. If the director and the owner or his agent5-7
agree upon5-8
the encroachment unless the owner or his agent has failed to do so within5-9
the5-10
agree upon5-11
encroachment at any time later than 30 days after the service of the original5-12
notice upon the owner or his agent. Service of notice may be made in the5-13
manner provided by subsection 3. Removal of the encroachment by the5-14
director gives the department the right of action provided by subsection 3,5-15
but the penalty must be computed from the expiration of the agreed period5-16
or 30-day period .5-17
Sec. 10. NRS 244.155 is hereby amended to read as follows: 244.1555-19
1. Except as otherwise provided in subsection 2, the boards of county5-20
commissioners5-21
counties ,5-22
and bridges within the county,5-23
prohibit5-24
5-25
control and management into effect.5-26
2. During the period from December 1 to January 2, inclusive, the5-27
board of county commissioners in a county whose population is 100,0005-28
or more shall not close a public road, turnpike or bridge to construct,5-29
maintain or repair that road, turnpike or bridge unless the closure is5-30
necessary to protect:5-31
(a) The public; or5-32
(b) The road, turnpike or bridge from damage during a storm.5-33
Sec. 11. Chapter 266 of NRS is hereby amended by adding thereto a5-34
new section to read as follows:5-35
During the period from December 1 to January 2, inclusive, the city5-36
council of a city located in a county whose population is 100,000 or more5-37
shall not close a street or other public right of way to improve, equip or5-38
maintain that street or other public right of way unless the closure is5-39
necessary to protect:5-40
1. The public; or5-41
2. The street or other public right of way from damage during a5-42
storm.6-1
Sec. 12. NRS 266.261 is hereby amended to read as follows: 266.261 1.6-3
act, the city council, on behalf of the city and in its name, without any6-4
election, may acquire, improve, equip, operate and maintain, convert to or6-5
authorize:6-6
(a) Curb and gutter projects;6-7
(b) Drainage projects;6-8
(c) Offstreet parking projects;6-9
(d) Overpass projects;6-10
(e) Park projects;6-11
(f) Sanitary sewer projects;6-12
(g) Sidewalk projects;6-13
(h) Storm sewer projects;6-14
(i) Street projects;6-15
(j) Underpass projects;6-16
(k) Water projects; and6-17
(l) Underground electric and communication facilities.6-18
2. The city council on behalf of the city for the purpose of defraying all6-19
the costs of acquiring, improving or converting to any project authorized by6-20
subsection 1, or any portion of the cost thereof not to be defrayed with6-21
money otherwise available therefor, is vested with the powers granted to6-22
municipalities by chapters 271 and 704A of NRS.6-23
Sec. 13. NRS 266.275 is hereby amended to read as follows: 266.2756-25
the city council may:6-26
1. Lay out, maintain, alter, improve or vacate all public rights of way in6-27
the city.6-28
2. Regulate the use of public parks, buildings, grounds and rights of6-29
way and prevent the unlawful use thereof.6-30
3. Require landowners to keep the adjacent streets, sidewalks and6-31
public parks, buildings and grounds free from encroachments or6-32
obstructions.6-33
4. Regulate and prevent in all public places:6-34
(a) The distribution and exhibition of handbills, or signs.6-35
(b) Any practice tending to annoy persons passing in such public places.6-36
(c) Public demonstrations and processions.6-37
5. Prevent riots or any act tending to promote riots in any public place.6-38
Sec. 14. NRS 269.185 is hereby amended to read as follows: 269.185 1.6-40
addition to the powers and jurisdiction conferred upon the town boards or6-41
boards of county commissioners by this chapter,6-42
(a) Regulate traffic upon the streets and alleys of towns or cities6-43
governed by7-1
(b) Regulate the speed, parking, stopping, turning and operation of all7-2
motor vehicles and other vehicles using the streets and alleys.7-3
(c) Pass and adopt all ordinances, rules and regulations, and do and7-4
perform all acts and things necessary for the execution of the powers and7-5
jurisdiction conferred by this section.7-6
2. The town board or board of county commissioners shall cause to be7-7
displayed, in each school zone and school crossing zone where the county7-8
has posted a speed limit, signs or other devices designating the hours of the7-9
day or night or both during which the speed limit in the zone is to apply.7-10
3. During the period from December 1 to January 2, inclusive, the7-11
board of county commissioners in a county whose population is 100,0007-12
or more or the town board of an unincorporated town located in that7-13
county shall not close a street or alley to repair or maintain that street or7-14
alley unless the closure is necessary to protect:7-15
(a) The public; or7-16
(b) The street or alley from damage during a storm.7-17
Sec. 15. The amendatory provisions of this act expire by limitation on7-18
October 1, 2009.~