Senate Bill No. 510–Committee on Finance
(On Behalf of Budget Division)
March 22, 1999
____________
Referred to Committee on Natural Resources
SUMMARY—Authorizes peace officers to enforce certain ordinances adopted by Tahoe Regional Planning Agency. (BDR 22-1678)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
~
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 277 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
1. Every game warden, sheriff and other peace officer of this state1-4
and its political subdivisions shall enforce within the portion of the1-5
region that is within this state, any ordinance adopted by the Tahoe1-6
Regional Planning Agency which prevents pollution of the waters of this1-7
state within the region.1-8
2. A peace officer may at any time stop and board a vessel which is1-9
located upon the waters of this state within the region to determine1-10
whether the vessel is in compliance with an ordinance described in1-11
subsection 1.1-12
3. If a peace officer has probable cause to believe that a vessel or its1-13
contents contain evidence tending to show that an ordinance described in1-14
subsection 1 has been violated, or that a particular person has violated1-15
such an ordinance, the officer may take whatever steps are reasonable to1-16
preserve the evidence, including, without limitation, the safe storage of1-17
the vessel or its contents. If a criminal conviction is obtained as a result2-1
of an action taken pursuant to this subsection, the person convicted shall2-2
pay any storage fees incurred pursuant to this subsection. If a criminal2-3
conviction is not obtained, the Tahoe Regional Planning Agency shall2-4
pay those fees.2-5
4. Whenever a person is halted by a peace officer for a violation of2-6
an ordinance described in subsection 1, the person shall, in the discretion2-7
of the peace officer, either be given a citation or be taken without2-8
unnecessary delay before the proper magistrate. Such a person must be2-9
taken before the magistrate:2-10
(a) When the person does not furnish satisfactory evidence of identity;2-11
or2-12
(b) When the peace officer has reasonable and probable grounds to2-13
believe the person will disregard a written promise to appear in court.2-14
5. A person who violates an ordinance described in subsection 1 is2-15
guilty of a misdemeanor.2-16
6. As used in this section:2-17
(a) "Region" has the meaning ascribed to it in NRS 277.200.2-18
(b) "Vessel" means every description of watercraft used or capable of2-19
being used as a means of transportation on water.2-20
(c) "Waters of this state" means any waters within the territorial limits2-21
of this state.2-22
Sec. 2. NRS 277.207 is hereby amended to read as follows: 277.207 All judicial actions and proceedings in which there may arise2-24
a question of the validity of any matter under the provisions of NRS2-25
277.190 to 277.220, inclusive, and section 1 of this act, shall be advanced2-26
as a matter of immediate public interest and concern, and be heard at the2-27
earliest practicable moment.2-28
Sec. 3. NRS 171.106 is hereby amended to read as follows: 171.106 If it appears from the complaint or a citation issued pursuant2-30
to section 1 of this act or NRS 484.795, 488.920 or 501.386, or from an2-31
affidavit or affidavits filed with the complaint or citation that there is2-32
probable cause to believe that an offense, triable within the county, has2-33
been committed and that the defendant has committed it, a warrant for the2-34
arrest of the defendant shall be issued by the magistrate to any peace2-35
officer. Upon the request of the district attorney a summons instead of a2-36
warrant shall issue. More than one warrant or summons may issue on the2-37
same complaint or citation. If a defendant fails to appear in response to the2-38
summons, a warrant shall issue.3-1
Sec. 4. The amendatory provisions of this act do not apply to offenses3-2
that occurred before the effective date of this act.3-3
Sec. 5. This act becomes effective upon passage and approval.~