Senate Bill No. 510–Committee on Finance

(On Behalf of Budget Division)

March 22, 1999

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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.

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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 regional planning; authorizing peace officers to enforce certain ordinances adopted by the Tahoe Regional Planning Agency; providing a penalty; 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. Chapter 277 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Every game warden, sheriff and other peace officer of this state

1-4 and its political subdivisions shall enforce within the portion of the

1-5 region that is within this state, any ordinance adopted by the Tahoe

1-6 Regional Planning Agency which prevents pollution of the waters of this

1-7 state within the region.

1-8 2. A peace officer may at any time stop and board a vessel which is

1-9 located upon the waters of this state within the region to determine

1-10 whether the vessel is in compliance with an ordinance described in

1-11 subsection 1.

1-12 3. If a peace officer has probable cause to believe that a vessel or its

1-13 contents contain evidence tending to show that an ordinance described in

1-14 subsection 1 has been violated, or that a particular person has violated

1-15 such an ordinance, the officer may take whatever steps are reasonable to

1-16 preserve the evidence, including, without limitation, the safe storage of

1-17 the vessel or its contents. If a criminal conviction is obtained as a result

2-1 of an action taken pursuant to this subsection, the person convicted shall

2-2 pay any storage fees incurred pursuant to this subsection. If a criminal

2-3 conviction is not obtained, the Tahoe Regional Planning Agency shall

2-4 pay those fees.

2-5 4. Whenever a person is halted by a peace officer for a violation of

2-6 an ordinance described in subsection 1, the person shall, in the discretion

2-7 of the peace officer, either be given a citation or be taken without

2-8 unnecessary delay before the proper magistrate. Such a person must be

2-9 taken before the magistrate:

2-10 (a) When the person does not furnish satisfactory evidence of identity;

2-11 or

2-12 (b) When the peace officer has reasonable and probable grounds to

2-13 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 is

2-15 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 of

2-19 being used as a means of transportation on water.

2-20 (c) "Waters of this state" means any waters within the territorial limits

2-21 of this state.

2-22 Sec. 2. NRS 277.207 is hereby amended to read as follows:

2-23 277.207 All judicial actions and proceedings in which there may arise

2-24 a question of the validity of any matter under the provisions of NRS

2-25 277.190 to 277.220, inclusive, and section 1 of this act, shall be advanced

2-26 as a matter of immediate public interest and concern, and be heard at the

2-27 earliest practicable moment.

2-28 Sec. 3. NRS 171.106 is hereby amended to read as follows:

2-29 171.106 If it appears from the complaint or a citation issued pursuant

2-30 to section 1 of this act or NRS 484.795, 488.920 or 501.386, or from an

2-31 affidavit or affidavits filed with the complaint or citation that there is

2-32 probable cause to believe that an offense, triable within the county, has

2-33 been committed and that the defendant has committed it, a warrant for the

2-34 arrest of the defendant shall be issued by the magistrate to any peace

2-35 officer. Upon the request of the district attorney a summons instead of a

2-36 warrant shall issue. More than one warrant or summons may issue on the

2-37 same complaint or citation. If a defendant fails to appear in response to the

2-38 summons, a warrant shall issue.

3-1 Sec. 4. The amendatory provisions of this act do not apply to offenses

3-2 that occurred before the effective date of this act.

3-3 Sec. 5. This act becomes effective upon passage and approval.

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