Assembly Bill No. 490–Assemblymen Giunchigliani, Oceguera, Manendo, Williams, Ohrenschall, Arberry, Bache, Buckley, Cegavske, Chowning, Claborn, Collins, Goldwater, Koivisto, Lee, McClain, Mortenson, Parks, Perkins and Price

 

March 19, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Requires certain counties to establish advisory committees and enact ordinances concerning abatement of noise attributable to flight of helicopters and other aircraft. (BDR 44‑154)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

CONTAINS UNFUNDED MANDATE (§§ 2, 3)

(Not Requested by Affected Local Government)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to counties; requiring certain counties to establish an advisory committee on the abatement of noise attributable to the flight of helicopters and other aircraft; requiring such counties, to the extent permitted by federal law, to enact and enforce certain ordinances concerning helicopters; requiring the imposition of penalties for violations of such ordinances; 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 244 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  1.  The board of county commissioners of each county

1-4  whose population is 400,000 or more shall establish by ordinance an

1-5  advisory committee on the abatement of noise attributable to the flight of

1-6  helicopters and other aircraft in the county.

1-7    2.  The board of county commissioners shall appoint to the advisory

1-8  committee:

1-9    (a) Two members who live in neighborhoods affected by such noise;

1-10    (b) One member who represents commercial operators of helicopters;

1-11    (c) One member who represents the county airport; and

2-1    (d) One member who represents a federal or county agency that

2-2  regulates airports.

2-3    3.  The board of county commissioners shall appoint one of the

2-4  members as chairman of the advisory committee.

2-5    4.  The advisory committee shall meet upon the call of the chairman.

2-6    5.  The members of the advisory committee shall serve without

2-7  compensation.

2-8    6.  The advisory committee shall examine all laws and other matters

2-9  that may be of significance in the abatement of noise attributable to the

2-10  flight of helicopters and other aircraft, and shall advise the board of

2-11  county commissioners on issues relating to the abatement of such noise,

2-12  including, without limitation:

2-13    (a) The expansion of airport facilities, including, without limitation,

2-14  the creation of a facility for commercial helicopters that is not located in

2-15  an urban area;

2-16    (b) The determination of flight paths, including, without limitation,

2-17  minimum and maximum altitudes for helicopters and other aircraft; and

2-18    (c) Complaints from persons who live in neighborhoods affected by

2-19  such noise.

2-20    Sec. 3.  To the extent permitted by federal law, the board of county

2-21  commissioners of each county whose population is 400,000 or more shall

2-22  enact and enforce ordinances:

2-23    1.  Fixing the permissible hours of operation for commercial

2-24  helicopters. Such hours of operation must not commence earlier than 8

2-25  a.m. or extend later than 9 p.m.

2-26    2.  Determining flight paths, including, without limitation, minimum

2-27  and maximum altitudes, for commercial helicopters. The flight paths

2-28  must, to the extent practicable, avoid residential neighborhoods,

2-29  especially those neighborhoods that are considered to be impoverished.

2-30    3.  Requiring that all nongovernmental helicopters bear identification

2-31  numbers on the left side, right side and underside of the helicopter of

2-32  sufficient size and clarity to be legible to persons on the ground at a

2-33  distance of not less than 900 feet.

2-34    4.  Imposing penalties for violations. The penalties must include a

2-35  fine of $10,000 for the fifth or subsequent violation of an ordinance

2-36  enacted pursuant to this section.

2-37    5.  Requiring the county airport to compile and maintain a record of

2-38  each complaint that alleges a violation of an ordinance enacted pursuant

2-39  to this section.

2-40    Sec. 4.  The provisions of subsection 1 of NRS 354.599 do not apply

2-41  to any additional expenses of a local government that are related to the

2-42  provisions of this act.

 

2-43  H