Nevada § 277A.330 - Counties whose population is 700,000 or more: Construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation

§ 277A.330. Counties whose population is 700,000 or more: Construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation

In a county whose population is 700,000 or more: 1. The commission shall provide for the construction, installation and maintenance

of benches, shelters and transit stops for passengers of public mass transportation. 2. In carrying out its duties pursuant to subsection 1, the commission may displace

or limit competition in the construction, installation and maintenance of such benches,

shelters and transit stops. The commission may: (a) Provide those services on an exclusive basis or adopt a regulatory scheme for

controlling the provision of those services; or (b) Grant an exclusive franchise to any person to provide those services. 3. Subject to the provisions of subsections 4 and 5, the commission or any person

who is authorized by the commission to provide for the construction, installation

and maintenance of benches, shelters and transit stops for passengers of public mass

transportation may locate such benches, shelters and transit stops within any public

easement or right-of-way, including, without limitation, a public easement or right-of-way

dedicated or restricted for use by any utility, if: (a) The public easement or right-of-way is adjacent or appurtenant to or within a

reasonable proximity of any public highway; and (b) The benches, shelters and transit stops may be located safely within the public

easement or right-of-way without damaging the facilities of other persons who are

authorized to place their facilities within the public easement or right-of-way. 4. Before the commission or any person authorized by the commission may construct

or install any benches, shelters and transit stops within any public easement or right-of-way,

the commission and the governmental entity that owns or controls the public easement

or right-of-way shall execute an interlocal or cooperative agreement that authorizes

the construction, installation, maintenance and use of the benches, shelters and transit

stops within the public easement or right-of-way. 5. If the commission or any person authorized by the commission intends to construct

or install any benches, shelters or transit stops within any public easement that

is located within the common area or common elements of a common-interest community

governed by an association, the commission shall: (a) Provide the governing body of the association with written notice of the intent

to construct or install the benches, shelters or transit stops within the public easement

at least 30 days before such construction or installation begins; and (b) Coordinate, to the extent practicable, with the governing body of the association

to determine an appropriate location for the benches, shelters or transit stops within

the public easement. 6. The commission shall post on each bench, within each shelter and near each transit

stop a notice that provides a telephone number that a person may use to report damage

to the benches, shelters or transit stops. 7. No board, governing body or town board may: (a) Provide for the construction, installation or maintenance of benches, shelters

and transit stops for passengers of public mass transportation except with the approval

of or at the request of the commission; or (b) Adopt any ordinance, regulation or plan, enter into or approve any franchise,

contract or agreement or take any other action that prohibits or unreasonably restricts

the commission from providing for the construction, installation or maintenance of

benches, shelters and transit stops for passengers of public mass transportation.