Nevada § 405.110 - Unlawful advertising on or near highway or on bridge; exceptions; removal; penalty; liability; restriction on use of revenue from certain lawfully placed advertisements

§ 405.110. Unlawful advertising on or near highway or on bridge; exceptions; removal; penalty; liability; restriction on use of revenue from certain lawfully placed advertisements

1. Except as otherwise provided in subsection 5, 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 3 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 the person 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 the tenant's 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. The provisions of subsection 1 do not apply to any advertising, signs, signboards

or other materials containing advertising matter located: (a) On a bench or shelter 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.310 and 277A.330 ; (b) On a monorail station; or (c) On a touchdown structure if a public authority authorizes such advertising matter

and the advertising matter is placed and maintained by a person who owns real property

adjacent to the touchdown structure and who has: (1) Dedicated the touchdown structure to the public authority or has granted a fee

or perpetual easement to the public authority for the construction or maintenance

of the touchdown structure; and (2) Entered a written agreement with the public authority on terms and conditions

acceptable to the public authority. 6. 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. 7. 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. 8. 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. 9. As used in this section: (a) “ Monorail station ” means: (1) 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 (2) Any facilities or appurtenances within such a structure. (b) “ Touchdown structure ” means a structure, connected to a pedestrian bridge, which houses an elevator.