Nevada § 244.188 - Displacement or limitation of competition: Areas in which authorized; methods; limitation

§ 244.188. Displacement or limitation of competition: Areas in which authorized; methods; limitation

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.