Assembly Bill No. 537–Committee on Government Affairs
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 268.083 is hereby amended to read as follows:
268.083 The governing body of an incorporated city may:
1. Provide those services set forth in NRS 268.081 on an exclusive
basis or, by ordinance, adopt a regulatory scheme for providing those
services or controlling development on an exclusive basis within the
boundaries of the city; or
2. Grant an exclusive franchise to any person to provide those services
within the boundaries of the city.
Sec. 2. NRS 269.128 is hereby amended to read as follows:
269.128 A town board or board of county commissioners may, to
provide adequate, economical and efficient services to the inhabitants of
the town and to promote the general welfare of those inhabitants, displace
or limit competition in any of the following areas:
1. Ambulance service.
2. Taxicabs and other public transportation, unless regulated in that
town by an agency of the state.
3. Collection and disposal of garbage and other waste.
4. Operations at an airport, including but not limited to the leasing of
motor vehicles and the licensing of concession stands, but excluding
police protection and fire protection.
5. Water and sewage treatment, unless regulated in that town by an
agency of the state.
6. Concessions on, over or under property owned or leased by the
town.
7. Operation of landfills.
8. Construction and maintenance of benches and shelters for
passengers of public mass transportation.
Sec. 3. NRS 269.129 is hereby amended to read as follows:
269.129 A town board or board of county commissioners may:
1. Provide those services set forth in NRS 269.128 on an exclusive
basis or, by ordinance, adopt a regulatory scheme for providing those
services or controlling development on an exclusive basis within the
boundaries of the town; or
2. Grant an exclusive franchise to any person to provide those services
within the boundaries of the town.
Sec. 4. NRS 244.188 is hereby amended to read as follows:
244.188 1. Except as otherwise provided in subsection 3[,] and NRS
269.128 and 269.129, a board of county commissioners may, outside the
boundaries of incorporated cities and general improvement districts:
(a) Provide those services set forth in NRS 244.187 on an exclusive
basis or, by ordinance, adopt a regulatory scheme for controlling the
provision of those services or controlling development in those areas on an
exclusive basis; or
(b) Grant an exclusive franchise to any person to provide those services.
2. If services for the collection and disposal of garbage are provided
pursuant to subsection 1, the board of county commissioners may, except
as otherwise provided in subsection 3, require owners of real property
outside the boundaries of incorporated cities and general improvement
districts to receive and pay for those services.
3. The board of county commissioners may exercise the authority
provided in subsections 1 and 2 within the boundaries of a general
improvement district if that district:
(a) Is not authorized to provide those services; and
(b) Includes any real property within 7 miles from the boundary of an
incorporated city.
4. If an exclusive franchise is granted or a regulatory scheme is
adopted for the mandatory collection and disposal of garbage and other
waste, the initial boundaries of the collection area must be the same as the
boundaries of an existing collection area under an exclusive franchise or
regulatory scheme.
5. The board of county commissioners may expand the boundaries of a
collection area established pursuant to subsection 4 after the board has:
(a) Conducted preliminary studies and determined that the proposed
collection area is economically sound and feasible and promotes the
health, safety and general welfare of the inhabitants of the county; and
(b) Held a public hearing on the proposed collection area after giving
notice of the time and the place of the hearing in a newspaper of general
circulation in that county. The notice must include the purpose of the
hearing and describe the boundaries of the proposed collection area.
Sec. 5. NRS 405.030 is hereby amended to read as follows:
405.030 1. Except as otherwise provided in subsection 3 and except
within the limits of any city or town through which the highway may run,
and on benches and shelters for passengers of public mass transportation
built pursuant to a franchise granted pursuant to NRS 244.187 and
244.188, [or] 268.081 and 268.083[,] or 269.128 and 269.129, it is
unlawful for any person, firm or corporation to paste, paint, print or in any
manner whatever place or attach to any building, fence, gate, bridge, rock,
tree, board, structure or anything whatever, any written, printed, painted or
other outdoor advertisement, bill, notice, sign, picture, card or poster:
(a) Within any right of way of any state highway or road which is
owned or controlled by the department of transportation.
(b) Within 20 feet of the main traveled way of any unimproved
highway.
(c) On the property of another within view of any such highway,
without the owner’s written consent.
2. Nothing in this section prevents the posting or maintaining of any
notices required by law to be posted or maintained, or the placing or
maintaining of highway signs giving directions and distances for the
information of the traveling public if the signs are approved by the
department of transportation.
3. A tenant of a mobile home park may exhibit a political sign within a
right of way of a state highway or road which is owned or controlled by the
department of transportation if the tenant exhibits the sign within the
boundary of his lot and in accordance with the requirements and
limitations set forth in NRS 118B.145. As used in this subsection, the term
“political sign” has the meaning ascribed to it in NRS 118B.145.
Sec. 6. NRS 405.110 is hereby amended to read as follows:
405.110 1. Except on benches and shelters for passengers of public
mass transportation for which a franchise has been granted pursuant to
NRS 244.187 and 244.188, [or] 268.081 and 268.083[,] or 269.128 and
269.129, no advertising signs, signboards, boards or other materials
containing advertising matter may:
(a) Except as otherwise provided in subsection 3, be placed upon or
over any state highway.
(b) Except as otherwise provided in subsections 3 and 4, be placed
within the highway right of way.
(c) Except as otherwise provided in subsection 3, be placed upon any
bridge or other structure thereon.
(d) Be so situated with respect to any public highway as to obstruct
clear vision of an intersecting highway or highways or otherwise so
situated as to constitute a hazard upon or prevent the safe use of the state
highway.
2. With the permission of the department of transportation, counties,
towns or cities of this state may place at such points as are designated by
the director of the department of transportation suitable signboards
advertising the counties, towns or municipalities.
3. A person may place an advertising sign, signboard, board or other
material containing advertising matter in any airspace above a highway if:
(a) The department of transportation has leased the airspace to the
person pursuant to subsection 2 of NRS 408.507, the airspace is over an
interstate highway and:
(1) The purpose of the sign, signboard, board or other material is to
identify a commercial establishment that is entirely located within the
airspace, services rendered, or goods produced or sold upon the
commercial establishment or that the facility or property that is located
within the airspace is for sale or lease; and
(2) The size, location and design of the sign, signboard, board or
other material and the quantity of signs, signboards, boards or other
materials have been approved by the department of transportation; or
(b) The person owns real property adjacent to an interstate highway
and:
(1) The person has dedicated to a public authority a fee or perpetual
easement interest in at least one acre of the property for the construction or
maintenance, or both, of the highway over which he is placing the sign,
signboard, board or other material and the person retained the air rights in
the airspace above the property for which the person has dedicated the
interest;
(2) The sign, signboard, board or other material is located in the
airspace for which the person retained the air rights;
(3) The structure that supports the sign, signboard, board or other
material is not located on the property for which the person dedicated the
fee or easement interest to the public authority, and the public authority
determines that the location of the structure does not create a traffic
hazard; and
(4) The purpose of the sign, signboard, board or other material is to
identify an establishment or activity that is located on the real property
adjacent to the interstate highway, or services rendered or goods provided
or sold on that property.
4. A tenant of a mobile home park may exhibit a political sign within a
right of way of a state highway or road which is owned or controlled by
the department of transportation if the tenant exhibits the sign within the
boundary of his lot and in accordance with the requirements and
limitations set forth in NRS 118B.145. As used in this subsection, the term
“political sign” has the meaning ascribed to it in NRS 118B.145.
5. If any such sign is placed in violation of this section, it is thereby
declared a public nuisance and may be removed forthwith by the
department of transportation or the public authority.
6. Any person placing any such sign in violation of the provisions of
this section shall be punished by a fine of not more than $250, and is also
liable in damages for any injury or injuries incurred or for injury to or loss
of property sustained by any person by reason of the violation.
Sec. 7. NRS 484.287 is hereby amended to read as follows:
484.287 1. It is unlawful for any person to place, maintain or display
upon or in view of any highway any unauthorized sign, signal, marking or
device which purports to be or is an imitation of or resembles an official
traffic-control device or railroad sign or signal, or which attempts to direct
the movement of traffic, or which hides from view or interferes with the
effectiveness of any such device, sign or signal, and except as otherwise
provided in subsection 4, a person shall not place or maintain nor may any
public authority permit upon any highway any sign, signal or marking
bearing thereon any commercial advertising except on benches and
shelters for passengers of public mass transportation for which a franchise
has been granted pursuant to NRS 244.187 and 244.188, [or] 268.081 and
268.083[.] or 269.128 and 269.129.
2. Every such prohibited sign, signal or marking is hereby declared to
be a public nuisance, and the proper public authority may remove the same
or cause it to be removed without notice.
3. This section does not prohibit the erection upon private property
adjacent to highways of signs giving useful directional information and of
a type that cannot be mistaken for official traffic-control devices.
4. A person may place and maintain commercial advertising in an
airspace above a highway under the conditions specified pursuant to
subsection 3 of NRS 405.110, and a public authority may permit
commercial advertising that has been placed in an airspace above a
highway under the conditions specified pursuant to subsection 3 of
NRS 405.110.
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