USA Statutes : nevada
Title : Title 35 - HIGHWAYS; ROADS; BRIDGES; PARKS
Chapter : CHAPTER 405 - CONTROL AND PRESERVATION OF PUBLIC HIGHWAYS
1. Whenever, by reason of excessive moisture or a lack of
moisture, a section of public road or highway under the supervision of a
board of county highway commissioners or board of county commissioners is
damaged by heavy loads, the board of county highway commissioners or
board of county commissioners having supervision over the section of
public road or highway may:
(a) Close the section of public road or highway to such extent and
for such time as may be necessary.
(b) Fix the maximum load which may pass over the section of public
road or highway.
2. Notices of the closing of any section of public road or highway
or limiting of the maximum load which may pass over the section of public
road or highway under the provisions of this section must be given by
placing a notice at each end of the section of road or highway to be
protected, after the board of county highway commissioners or board of
county commissioners has passed a resolution to that effect, which
resolution must appear upon the minutes of the board of county highway
commissioners or board of county commissioners. The notice must state
that the section of road is closed to traffic or state the maximum load
which may be drawn or carried over the section of road or highway.
3. Unless a greater penalty is provided in NRS 202.287 , a person who defaces, destroys, shoots or
removes any sign or notice so erected or placed is guilty of a
misdemeanor.
4. Any person who passes over a section of road so closed, or who
carries over the section of road any load in excess of the weight stated
in the resolution of the board of county highway commissioners or board
of county commissioners and as stated in the notice, shall be punished by
a fine of not more than $1,000, and is liable for any damage that may be
done to any section of public road or highway as the result of the
unlawful passage. If a fine is imposed pursuant to this section, the
costs of the proceeding, including investigative costs and attorney’s
fees, may be recovered by the board.
[1:184:1925; A 1933, 118; 1931 NCL § 5439] + [2:184:1925; A 1933,
118; 1931 NCL § 5440]—(NRS A 1957, 518; 1967, 569; 1989, 1242; 1993, 897)
BILLBOARDS, SIGNS AND ADVERTISING
Any billboard, sign, placard, notice or other form of outdoor
advertisement erected, placed, painted, posted or maintained otherwise
than is provided in NRS 405.020 to
405.100 , inclusive, or in NRS 408.275
shall be deemed a public nuisance and
shall be removed, effaced or destroyed by the sheriff and other peace
officers having authority wherever such nuisance may be located.
[1:90:1925; NCL § 260]—(NRS A 1969, 223)
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 ,
268.081 and 268.083 , 269.128 and
269.129 , or 373.1183 , or on monorail stations, 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 .
4. If a franchisee receives revenues from an advertisement, bill,
notice, sign, picture, card or poster authorized by subsection 1 and the
franchisee is obligated to repay a bond issued by the State of Nevada,
the franchisee shall use all revenue generated by the advertisement,
bill, notice, sign, picture, card or poster authorized by subsection 1 to
meet its obligations to the State of Nevada as set forth in the financing
agreement and bond indenture, including, without limitation, the payment
of operations and maintenance obligations, the funding of reserves and
the payment of debt service. To the extent that any surplus revenue
remains after the payment of all such obligations, the surplus revenue
must be used solely to repay the bond until the bond is repaid.
5. As used in this section, “monorail station” means:
(a) A structure for the loading and unloading of passengers from a
monorail for which a franchise has been granted pursuant to NRS 705.695
or an agreement has been entered into
pursuant to NRS 705.695 ; and
(b) Any facilities or appurtenances within such a structure.
[2:90:1925; NCL § 261]—(NRS A 1957, 306; 1979, 1799; 1989, 995;
1999, 2047 ; 2001, 846 ; 2003, 3247 ; 2005, 2321 )
1. It shall be unlawful for any person, firm, association or
corporation, personally or by agent, to erect, place or maintain any
billboard, sign or any form of notice or advertising outside the city
limits of any city or town:
(a) On the public domain;
(b) On land owned or leased by such advertiser or agent but not
used as the site for manufacturing the goods or articles advertised; or
(c) On the lands of another except where, by painting, an area of
the barns or other outbuildings thereon may be preserved (for the
purposes of this paragraph “area” is defined as the entire wall or roof
aspect on which an advertisement may be painted),
Ê without first having secured from the county building official, if one
has been appointed pursuant to NRS 278.570 , or if not, from the county clerk of the
county in which the sign may be located a permit to erect, or continue
the use of, such sign, billboard or other form of notice or advertisement.
2. No permit for the erection of such sign, billboard or other
form of advertisement shall be issued unless and until the applicant
shall have paid a fee in the sum of $5. On the tender of the fee the
county building official or county clerk shall issue the permit.
3. No fee shall be required for any billboard, sign or
advertisement erected or placed by any farm bureau, chamber of commerce
or lawful authority to advertise exclusively any city, town or geographic
area, or public event.
4. This section shall not apply to the owner or occupant of any
land outside the limits of any city, who may place or erect on the land
or on the outbuildings thereon any sign or notice or advertisement
intended to benefit the land or improvements thereon and advertise the
business conducted in the buildings on the land.
[3:90:1925; NCL § 262]—(NRS A 1971, 316; 2001, 1250 )
1. No permit may be granted for the erection of any billboard,
sign or other form of notice on any location which may measurably destroy
the natural beauty of the scenery or obscure a view of the road ahead or
of curves and grades or intersecting highways or railways.
2. If the Director of the Department of Transportation files a
complaint with the board of county commissioners of any county showing
that any sign erected is a hazard to traffic, the board of county
commissioners shall order the removal of the sign.
[4:90:1925; NCL § 264]—(NRS A 1979, 1799)
On granting a
permit, the county building official or county clerk shall assign a
permit number which shall be painted or printed, together with the name
of the county in which the permit is issued, on every sign, billboard or
other form of advertising, as the case may be, placed under NRS 405.020
to 405.100 , inclusive.
[Part 5:90:1925; NCL § 265]—(NRS A 1971, 316; 2001, 1251 )
1. The permit shall run to the end of the calendar year for which
it is issued.
2. If the permit shall not be renewed, by application of the
person or assignee of the person who applied originally for the permit to
erect the sign, by February 1 of each year following, the board of county
commissioners shall order the tearing down, removal or effacement of such
sign or billboard, as the case may be.
[Part 5:90:1925; NCL § 265]
The
money collected for the permits provided for in NRS 405.020 to 405.100 ,
inclusive, shall be apportioned by the board of county commissioners to
the road funds of the county.
[6:90:1925; NCL § 266]
All patrolmen and maintenance
and construction employees of the Department of Transportation shall
report any violation of NRS 405.020 to
405.100 , inclusive, to the board of
county commissioners wherein any violation may occur.
[7:90:1925; NCL § 267]—(NRS A 1979, 1799)
Any person, firm, association or corporation
who shall erect or maintain any billboard, sign, placard, poster or other
form of advertising in violation of any of the provisions of NRS 405.020
to 405.100 , inclusive, shall be guilty of a misdemeanor.
[8:90:1925; NCL § 268]—(NRS A 1967, 570)
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 , 268.081 and
268.083 , 269.128 and 269.129 ,
or 373.1183 , or on monorail stations,
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 1 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.
7. If a franchisee receives revenues from an advertising sign,
signboard, board or other material containing advertising matter
authorized by subsection 1 and the franchisee is obligated to repay a
bond issued by the State of Nevada, the franchisee shall use all revenue
generated by the advertising sign, signboard, board or other material
containing advertising matter authorized by subsection 1 to meet its
obligations to the State of Nevada as set forth in the financing
agreement and bond indenture, including, without limitation, the payment
of operations and maintenance obligations, the funding of reserves and
the payment of debt service. To the extent that any surplus revenue
remains after the payment of all such obligations, the surplus revenue
must be used solely to repay the bond until the bond is repaid.
8. As used in this section, “monorail station” means:
(a) A structure for the loading and unloading of passengers from a
monorail for which a franchise has been granted pursuant to NRS 705.695
or an agreement has been entered into
pursuant to NRS 705.695 ; and
(b) Any facilities or appurtenances within such a structure.
[25:169:1917; A 1935, 68; 1931 NCL § 5348]—(NRS A 1967, 570; 1979,
1469, 1800; 1989, 996; 1999, 1259 , 2047 ; 2001, 847 ; 2003, 3248 ; 2005, 2321 )
PROTECTION OF HIGHWAYS FROM DAMAGE BY WATER
1. All persons, associations, firms or corporations conducting
water across any public road or highway in this state, or across any
street or alley in any unincorporated town of this state, for domestic,
mining, agricultural or manufacturing purposes, are required to
construct, repair and maintain, at their own expense, good and
substantial culverts or bridges, as the case may be, over such crossings,
and shall in no case allow any stream of water, diverted from its natural
channel, to flood or wash any public road, or any street or alley in any
unincorporated town of this state.
2. The construction and repairing of such bridge or culvert shall
be performed according to a standard plan and specifications to be
prescribed by the board of county commissioners of the county wherein the
crossing is situated, and the work of construction or repairing shall be
approved by the board.
[1:64:1885; BH § 459; C § 443; RL § 3022; NCL § 5434] +
[1:214:1913; 1919 RL p. 2906; NCL § 5428]
1. The chairman of the board of county commissioners shall notify
at once the person or persons violating the provisions of NRS 405.120
to 405.160 , inclusive, to make such construction or
repair as may be necessary.
2. If such person or persons, firm, association or corporation
shall refuse or neglect to make the same for a period of 5 days after
receiving such notice, then the chairman of the board of county
commissioners shall:
(a) Immediately cause the necessary construction or repairing to be
made according to the standard plan and specifications.
(b) Submit in duplicate to the board of county commissioners and
the district attorney itemized bills for the expense so incurred.
3. The bills shall be allowed and paid as other bills against the
road fund of the district in which the construction or repairing is made.
If there is no money in the road fund, then the bills shall be allowed
and paid out of any moneys in the county general fund not otherwise
appropriated.
[2:64:1885; BH § 460; C § 444; RL § 3023; NCL § 5436] +
[2:214:1913; 1919 RL p. 2906; NCL § 5429]
Any person, association, firm or corporation owning, leasing, operating
or controlling any flume, ditch, canal or any aqueduct conducting water
across any public road or highway in this state, or across any street or
alley in any unincorporated town in this state, for domestic, mining,
agricultural or manufacturing purposes, shall be liable for the amount of
the expenses incurred by the chairman of the board of county
commissioners in the construction or repairing of the bridge or culvert,
to be recovered by a civil action.
[3:214:1913; 1919 RL p. 2907; NCL § 5430]
Upon receiving the bill of expense as provided in NRS 405.130
, the district attorney shall
immediately commence an action in any court of competent jurisdiction for
the recovery of such an amount as is set forth in the itemized bill of
expense together with the costs of the suit.
[3:64:1885; BH § 461; C § 445; RL § 3024; NCL § 5437] +
[4:214:1913; 1919 RL p. 2907; NCL § 5431]
After
paying the costs of suit, all moneys collected shall be returned and paid
into the fund from which the original bill of expense named in NRS
405.130 shall have been allowed and
paid by the board of county commissioners.
[4:64:1885; BH § 462; C § 446; RL § 3025; NCL § 5438] +
[5:214:1913; 1919 RL p. 2907; NCL § 5432]
1. All persons, corporations or associations conducting water
across any public road or highway, or across any street or alley in any
unincorporated town in this state, for domestic, mining, agricultural or
manufacturing purposes shall construct, at their own expense, good and
substantial culverts or bridges over such crossing, and shall in no case
allow any stream of water, diverted from its natural channel for such
purposes by them, to flood or wash any public road or any street or alley
in any unincorporated town of this state.
2. Any person, corporation or association violating any of the
provisions of subsection 1 shall be punished by a fine of not more than
$500.
[1:78:1911; A 1915, 373; 1919 RL § 3045; NCL § 5426] + [2:78:1911;
A 1915, 373; 1919 RL § 3046; NCL § 5427]—(NRS A 1967, 570)
1. If any person or persons being the owner or owners,
superintendent or managing agent of any water ditch, flume or artificial
watercourse within this state, or other person or corporation, shall
willfully, maliciously, negligently or carelessly allow or let the water
from the ditch, flume or artificial watercourse run or flow into or upon
any public road, highway or common street or alley of any city or town
within this state, so as to make such public road, highway, street or
alley impassable or inconvenient to travel, or so as to injure the same,
every person so offending shall be punished by a fine of not more than
$500.
2. Whenever the water from any ditch, flume or artificial
watercourse in this state shall run or flow into or upon any public road,
highway, street or alley of any city or town of this state, and the road
supervisor within whose road district such public road, highway, street
or alley is situated, if there be one, or if there is no road supervisor,
then any member of the board of county commissioners of the county within
which such public road, highway, street or alley is situated, shall
notify the owner or owners, superintendent or managing agent of such
ditch, flume or artificial watercourse, that the water from the same is
or has been flowing into or upon the public road, highway, street or
alley, making the same impassable or inconvenient to travel or pass, or
is injuring or has injured the same, and if the owner or owners, or
superintendent or managing agent of the ditch, flume or artificial
watercourse refuse or neglect for 5 days to repair the same and prevent
the water from flowing into or upon the public road, highway, street or
alley, it shall be prima facie evidence of negligence.
[1911 C&P § 505; RL § 6770; NCL § 10452] + [1911 C&P § 506; RL §
6771; NCL § 10453]—(NRS A 1967, 570)
MAINTENANCE AND USE OF PUBLIC ROADS
As used in
NRS 405.193 and 405.195 , “public road” includes:
1. A United States highway, a state highway or a main, general or
minor county road and any other way laid out or maintained by any
governmental agency.
2. Any way which exists upon a right-of-way granted by Congress
over public lands of the United States not reserved for public uses in
chapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. § 932, commonly
referred to as R.S. 2477), and accepted by general public use and
enjoyment before, on or after July 1, 1979. Each board of county
commissioners may locate and determine the width of such rights-of-way
and locate, open for public use and establish thereon county roads or
highways, but public use alone has been and is sufficient to evidence an
acceptance of the grant of a public user right-of-way pursuant to former
43 U.S.C. § 932.
3. Any way which is shown upon any plat, subdivision, addition,
parcel map or record of survey of any county, city, town or portion
thereof duly recorded or filed in the office of the county recorder, and
which is not specifically therein designated as a private road or a
nonpublic road, and any way which is described in a duly recorded
conveyance as a public road or is reserved thereby for public road
purposes or which is described by words of similar import.
(Added to NRS by 1979, 1174; A 1981, 923; 1993, 1427; 1997, 1615)
1. No public agency is required to maintain any public road which
is so designated only because it meets the requirements set forth in
subsection 1 or 2 of NRS 405.191 nor is
any public agency required to accept any public road as a main, general
or minor county road.
2. No action may be brought against the county, its officers or
employees for damage suffered by a person solely as a result of the
unmaintained condition of a road made public pursuant to NRS 405.195
.
(Added to NRS by 1979, 1174; A 1993, 1428)
1. Five or more residents of this state may petition any board of
county commissioners to open, reopen, close, relocate or abandon a public
road within the county. The petition must be accompanied by proof of the
petitioners’ residency and adequate maps and documentation to justify a
hearing on the petition. Upon receipt of such a petition and the required
documentation, the board of county commissioners shall set a date to
conduct a public hearing on the petition. The date selected must not be
earlier than 30 days, nor later than 45 days, after the petition is
submitted. In addition to any other notice required by law or ordinance,
the board shall cause notice of the time, date and location of the
hearing to be published at least once each week for 2 successive weeks in
a newspaper of general circulation in the county.
2. Upon conclusion of the public hearing, the board shall
determine whether the road in question has acquired the status of a
public road because:
(a) Construction of the improvement occurred while the land was
unappropriated, unreserved public land;
(b) The improvement was constructed by mechanical means which made
the physical change to the natural area necessary for the customary or
usual passage of traffic; and
(c) The right-of-way was:
(1) Accepted by the state or local government for dedication
as a road for public use and thereafter the road was used by the public
at large; or
(2) Accepted by use as access to a mining claim or other
privately owned property.
3. If the board concludes that the road is a public road, the
board may order the public road to be opened, reopened, closed, relocated
or abandoned, for all or part of the year. The board’s decision must be
based on specific findings, including, but not limited to:
(a) The resulting benefit to the general public;
(b) Whether any significant impairment of the environment or
natural resources will result; and
(c) Whether the decision will result in a significant reduction in
the value of public or private property.
Ê The order of the board must be reduced to writing, including a
statement of any actions which must be taken to effectuate the decision
and the person to whom each such action has been assigned. If possible,
the order must be signed by any person who has agreed to take a specific
action to effectuate the board’s decision. The lack of such a signature
does not invalidate the order.
4. If the order of the board is to close or abandon a public road,
the board shall, upon the petition of five or more residents of the
State, designate and provide an alternate route serving the same area.
The closure or abandonment of a public road by the board does not
prohibit or restrict the use of that road by a governmental agency or a
public utility regulated by the Public Utilities Commission of Nevada for
the maintenance, construction or operation of a facility of the agency or
utility.
5. Any person or governmental agency may bring and maintain an
action in the district court of the county in which the public road lies
to prevent any person, including a public agency, from violating an order
issued pursuant to subsection 3.
6. The Attorney General may bring and maintain an action in any
court or before any federal agency if an agency or instrumentality of the
Federal Government denies the use of a public road located on public land
in this state.
7. Nothing in this section affects the right of the Department of
Transportation to regulate freeways or highways in this state.
(Added to NRS by 1979, 1174; A 1981, 923; 1993, 1428; 1997, 1993)
ACCESSORY ROADS
As used in NRS 405.201 to 405.204 ,
inclusive, unless the context otherwise requires:
1. “Accessory road” means any way established over public lands
between 1866 and 1976 pursuant to section 8 of chapter 262, 14 Stat. 253
(1866), former 43 U.S.C. § 932, as to which general public use or
enjoyment before 1976 is not established, but which provides access to
privately owned land.
2. “Public utility” means any public utility, as that term is
defined in NRS 704.020 , that is subject
to the jurisdiction of the Public Utilities Commission of Nevada.
(Added to NRS by 1993, 1402; A 1997, 1995)
1. Wherever an accessory road crosses public land, the accessory
road is open to:
(a) Raisers of livestock in maintaining their herds;
(b) Any public utility in maintaining, constructing or operating
any of its facilities; and
(c) The use of the general public.
2. The State and the respective local governments have no duty to
maintain an accessory road and are immune from liability for damages
suffered by any person as a result of using such a road.
3. Without obtaining a permit from any public agency, a private
owner of land served by an accessory road or a raiser of livestock using
such a road may maintain the road and remove debris or vegetation from
it, but may not perform new construction. No public agency may charge a
fee for the use or maintenance of an accessory road.
(Added to NRS by 1993, 1402)
1. The State Forester Firewarden or the board of directors of a
fire protection district may temporarily close or restrict the use of an
accessory road when the danger of fire arising from use of the road so
requires. The closure or restricted use may not restrict, impede or
preclude the use of the road by a public utility in maintaining,
constructing or operating any of its facilities.
2. A board of county commissioners may permanently close an
accessory road in its county when the public safety or welfare so
requires. Before permanently closing an accessory road, the board of
county commissioners shall hold a public hearing. The board shall give
written notice of the time and place of the hearing to each owner of land
served by the road, and to each stock raiser known to use the road. The
board shall also publish the notice in a newspaper of general circulation
in the county for 3 successive weeks before the date set for the hearing.
3. Following the hearing, the board of county commissioners shall
not close the road unless the benefit to public safety or welfare from
its closing outweighs the detriment to owners of land served by the road,
to raisers of livestock using the road and to the general public.
4. If the permanent closing of an accessory road deprives an owner
of access by road to his land, the public agency closing the road shall
pay him just compensation for his loss.
(Added to NRS by 1993, 1403)
1. The Legislature hereby finds and declares that the public
interest of the State of Nevada is served by keeping accessory roads open
and available for use by the residents of this state because:
(a) There exists within this state a large number of accessory
roads;
(b) Accessory roads provide access for the control of fire on
adjacent lands, the enforcement of laws by peace officers, search and
rescue operations, medical personnel and ambulances, and public utilities;
(c) Accessory roads provide access to public lands for members of
the general public; and
(d) Accessory roads enhance the taxable value of the private
property served by such roads.
2. The Legislature therefore directs that, if an agency of the
United States responsible for the lands over which an accessory road runs
pursues the closing of an accessory road or demands a fee or permit for
the use of an accessory road, the Attorney General may bring an action
for a declaratory judgment as soon as practicable on behalf of:
(a) The State and its residents;
(b) Owners of lands served by the road;
(c) Holders of grazing rights served by the road; and
(d) All other users of the road,
Ê to vindicate the rights of all users to the unimpeded maintenance, use
and enjoyment of the road, and the rights of owners of lands served by
the road to just compensation for any closing found necessary.
(Added to NRS by 1993, 1403)
MISCELLANEOUS PROVISIONS
A rural electric cooperative which has been formed
pursuant to NRS 81.410 to 81.540 , inclusive, may erect or bury, and thereafter
maintain or operate, power lines, and may permit the maintenance and
operation of telephone lines in connection therewith, along public
highways, roads, streets and alleys within the area which it holds a
certificate of public convenience and necessity to serve. In exercising
this right, the cooperative shall not obstruct the natural and proper use
of the highway, road, street or alley, and is subject to the requirements
of NRS 408.423 .
(Added to NRS by 1979, 957)
Every person who shall willfully and maliciously
remove, damage or destroy:
1. A highway or a private way laid out by authority of law, or a
bridge upon such public or private road, or willfully or maliciously
cause to be placed thereon any substance or thing dangerous to any person
or animal traveling thereon or which might injure or puncture the tire of
any vehicle; or
2. A mile board, milestone or guidepost erected upon a highway, or
any inscription thereon,
Ê shall be guilty of a misdemeanor.
[Part 1911 C&P § 487; RL § 6752; NCL § 10434]
1. Any person who, in any manner, obstructs any road, street or
alley, or in any manner damages it or prevents travel thereon, or who
obstructs, dams or diverts any stream or water so as to throw it, or
cause the flowage thereof, upon, across or along the pathway of any road,
highway, street or alley is guilty of a public offense, as prescribed in
NRS 193.155 , proportionate to the
extent of damage to the section of the road, street, alley or highway
damaged, and in no event less than a misdemeanor.
2. The court before which the conviction is had shall order the
sheriff or any constable of the county to abate, as a nuisance, any fence
or other obstruction, to the free and convenient use and travel of the
road, street or alley, or any obstruction from the stream so as to allow
it to flow in its natural bed.
3. The department of public works or any other appropriate county
agency is authorized to remove from the highways any unlicensed obstacle
or encroachment which is not removed, or the removal of which is not
commenced and thereafter diligently prosecuted, before the expiration of
5 days after personal service of notice and demand upon the owner of the
obstacle or encroachment or his agent. In lieu of personal service upon
that person or his agent, service of the notice may also be made by
registered or certified mail and by posting, for a period of 5 days, a
copy of the notice on the obstacle or encroachment described in the
notice. Removal by the department or other agency of the obstacle or
encroachment on the failure of the owner to comply with the notice and
demand gives the department or other agency a right of action to recover
the expense of the removal, investigative costs, attorney’s fees, cost
and expenses of suit, and in addition thereto the sum of $250 for each
day the obstacle or encroachment remains after the expiration of 5 days
from the service of the notice and demand.
4. As used in this section, “obstacles or encroachments” mean any
objects, materials or facilities not owned by the county that are placed
within a right-of-way of the county for storage purposes or decorative
improvements for front lots that are not a part of a highway facility.
The term does not include vehicles parked in a lawful manner within that
right-of-way.
[6:111:1866; BH § 445; C § 452; RL § 3009; NCL § 5397]—(NRS A 1967,
571; 1979, 602; 1993, 897)
Any person or corporation driving sheep, goats, swine, horses or cattle
along or across any public road or highway, or along or across any street
or alley in any unincorporated town, in this state for any purpose
whatever, who by so doing damages or impairs the public road or highway
or street or alley, as the case may be, shall be required, at his or its
own expense, to make any and all repairs necessary to put the road,
highway, street or alley in as good condition as it was before the damage
was done.
[1a:64:1885; added 1913, 238; 1919 RL p. 2897; NCL § 5435]
1. Subject to the authority conferred by law on city authorities,
the boards of county commissioners or road supervisors, any owner or
occupant of land may construct and maintain a sidewalk in the highway
along the line of his land.
2. Sidewalks already constructed and laid out with reasonable
limits as to width so as not to operate as an obstruction to the street
or highway must be maintained and protected pursuant to this section.
3. Except as otherwise provided in NRS 484.504 , a person who willfully and intentionally
rides or drives, or causes to be ridden or driven, any animal, vehicle or
other thing over or upon such a sidewalk, without permission of the owner
or occupant, shall be punished by a fine of not more than $20, in
addition to the costs of prosecution.
[1911 C&P § 508; RL § 6773; NCL § 10455]—(NRS A 1967, 572; 1997,
1728)
A gate that:
1. Operates by electrical power;
2. Provides access for vehicular traffic; and
3. Is installed on or after March 1, 2000,
Ê must comply with the requirements of the Underwriters Laboratories Inc.
Standard for Safety 325, as published on September 18, 1998, and
effective on March 1, 2000.
(Added to NRS by 1999, 3112 )
