405.030 - Unlawful placement of certain outdoor advertisements; exceptions; restriction on use of revenue from certain lawfully placed advertisements.
405.030 Unlawful placement of certain outdoor advertisements; exceptions; restriction on use of revenue from certain lawfully placed advertisements.
1. Except as otherwise provided in subsection 3 and NRS 277A.310, 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 277A.330, 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; 2009, 866)