SB 94 — Revises provisions relating to property. (BDR 15-440)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT S.B.

9494–Senator SSettelmeyer ENATECHAPTER.......... B ILLN O.

94–SENATORAN SACT ETTELMEYERrelating F EBRUARY 3, 2021 ____________ Referred to Committeeproperty; on Judiciary SUMMARY—Provides that an unlocked gate does not, in and of itself, constitute a public nuisance.

(BDRproviding 15-440)that FISCALan NOTE:unlocked gate which is erected and maintained across certain public roads in certain counties does not, in and of itself, constitute a public nuisance under certain circumstances;

Effectremoving ona Localprovision Government:making a place where vagrants resort a public nuisance;

Increasesauthorizing ora Newlyboard Providesof forcounty Termcommissioners and board of Imprisonmentcounty inhighway Countycommissioners orto Citytake Jailcertain oractions Detentionrelating Facility.to the erection and maintenance of gates across certain public roads;

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

AN ACT relating to public nuisances;

providing that an unlocked gate does not, in and of itself, constitute a public nuisance;

LegislativeLegiExisting Counsel’slaw Digest:creates in each county, except for a county whose population is 100,000 or more (currently Clark and Washoe Counties), a board of county highway commissioners which has the exclusive control of all matters pertaining to the construction, repair and maintenance of public highways, roads and bridges within its county.

(NRS 403.005, 403.010, 403.090) Existing law statesauthorizes that:a board of county highway commissioners to make certain rules and regulations.

(1)(NRS a403.050) publicSection nuisance5.3 isof this bill authorizes a crimeboard againstof county highway commissioners to make rules and regulations to allow the ordererection and engagesmaintenance inrules certainand activities.regulations to specify that such a gate is to be kept unlocked;

(NRSand 202.450)(2)h Aauthorizes personsuch whorules commitsand orregulations maintainsto aset publicforth nuisanceany forspecifications, whichstandards noand specialrequirements punishmentconcerning issuch prescribed is guilty of a misdemeanorgate andas a court may order the personboard determines to abatebe thenecessary. nuisance and pay a civil penalty of not less than $500 but not more than $5,000.

(NRS 202.470, 202.480) Section 15.6 of this bill revisesauthorizes the provisionsboard settingof forthcounty thecommissioners activitiesin that constitute a publiccounty nuisancewhose topopulation specifyis that100,000 anor unlockedmore gateto doesadopt not,an inordinance andor ofenter itself,into reflecta thewritten additionagreement ofwith thea provisionperson madeauthorizing bythe sectionperson 1.make conforming changes to THEerect PEOPLEand OFmaintain THEa STATEgate OFacross NEVADA,a REPRESENTEDpublic INroad SENATEin ANDthe ASSEMBLY,county. DO ENACT AS FOLLOWS:

Section 5.6 requires any such ordinance or agreement to contain provisions:

(1) specifying that the gate is to be kept unlocked;

and that the traveling public is able to travel on the public road without unnecessary delay.

Existing law makes it a public nuisance for a person, by force, threat, intimidation or any other unlawful means, to prevent or obstruct the free passage or transit over or through certain highways, roads, state lands or other public lands or lands dedicated to public use or to knowingly misrepresent the status of or assert any right to the exclusive use and occupancy of any of those highways, roads, state leasehold interest in or claim or color of title to the highway, road, state land or other public land or land dedicated to public use.

(NRS 202.450) Section 1 of this bill provides that an unlocked gate which is erected and maintained across a public road does not, in and of itself, constitute a public nuisance if the gate is erected and maintained in accordance with the rules and regulations made pursuant to section 5.3 or an ordinance adopted or written agreement entered into pursuant to section 5.6, as applicable.

Section 1 further provides that it is not a public nuisance for a person to fence or enclose public land if the fencing or enclosure is authorized or required by a federal agency having jurisdiction over the public land.

Section 1 also - 81st Session (2021) – 2 – nuisance.

provision of existing law making a place where vagrants resort a public Sections 3-5 of this bill make conforming changes to reflect the addition of the provision made by section 1.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any - *SB94_R1* – 2 – swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;

or (f) That is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang;gang , [;

or (g) Where vagrants resort,resort,]  is a public nuisance.

(c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway;

ororor a public park, square, (d) In any way renders a considerable number of persons insecure in life or the use of property,  is a public nuisance.

A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor- or81st controlledSession substance(2021) analog– is3 a– public nuisance if the building or place has not been deemed safe for habitation by the the board of health and:

It[It] Except as otherwise provided in subsections 6 and 7, it is a public nuisance for any person:

- *SB94_R1* – 3 – (a) By force, threat or intimidation, or by fencing or otherwise enclosing, or by any other unlawful means, to prevent or obstructobstructse the free passage or transit over or through any:

or (b) To knowingly misrepresent the status of or assert any right to the exclusive use and occupancy of such a highway, road, state land or other public land or land dedicated to public use,  if the person has no leasehold interest, claim or color of title, made or asserted in good faith, in or to the highway, road, state land or other6.herAn publicunlocked landgate orwhich landis dedicatederected toand publicmaintained use.across:

6.(a) A road described in subparagraph (3) or (4) of paragraph (a) of subsection 5 located in a county whose population is less than 100,000, does not, in and of itself, constitute a public nuisance if the gate is erected and maintained in accordance with the rules and regulations of the board of county highway commissioners made pursuant to section 5.3 of this act.

An(b) unlockedA gateroad described in subparagraph (4) of paragraph (a) of subsection 5 located in a county whose population is 100,000 or - 81st Session (2021) – 4 – more, does not, in and of itself, constitute a public nuisance.nuisance if the gate is erected and maintained pursuant to an ordinance adopted or an agreement entered into by the board of county commissioners pursuant to section 5.6 of this act.

7.otherwise enclose any public land if such fencing or enclosure is authorized or required by a federal agency having jurisdiction over the public land.