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).

1-1 Section 1. Chapter 405 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. A gate that:

1-4 (a) Operates by mechanical power; and

1-5 (b) Provides access between a public highway and any property open

1-6 to public entry,

1-7 must be equipped with an alarm that gives an audible warning before the

1-8 gate opens or closes.

1-9 2. If the manufacturer of a gate on which an alarm is required

1-10 pursuant to this section fails to comply with the provisions of subsection

1-11 1, that failure constitutes negligence per se in any action for the recovery

1-12 of damages to a person or his property caused by the opening or closing

1-13 of the gate.

1-14 3. If a gate on which an alarm is required pursuant to this section is

1-15 within 100 feet of a dwelling, the alarm must not be louder than 60

1-16 decibels.

1-17 4. As used in this section, "property open to public entry" means

1-18 property in private or public ownership onto which members of the

2-1 public regularly enter, are reasonably likely to enter, or are invited or

2-2 permitted to enter as invitees or licensees.

2-3 Sec. 2. 1. If a gate on which an alarm is required pursuant to section

2-4 1 of this act was installed before October 1, 1999, the alarm must be

2-5 installed on or before January 1, 2000.

2-6 2. Subsection 2 of section 1 of this act does not apply to the

2-7 manufacturer of a gate installed before October 1, 1999, if the manufacturer

2-8 equips the gate as required pursuant to subsection 1 of that section on or

2-9 before January 1, 2000.