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NEVADA REVISED STATUTES
TITLE 43--PUBLIC SAFETY; VEHICLES; WATERCRAFT
CHAPTER 484 TRAFFIC LAWS
RESPECTIVE POWERS OF STATE AND LOCAL AUTHORITIES

COPR. © 2005 The text of the Nevada Revised Statutes appearing in this

database was produced from data provided by The Nevada Legislative Council

Bureau and is subject to a claim of copyright by the State of Nevada.

Current through the 2005 Regular Session and 22nd Special Session
of the 73rd Legislature

NRS 484.779 Powers of local authority.

1. Except as otherwise provided in subsection 3, a local authority may adopt, by ordinance, regulations with respect to highways under its jurisdiction within the reasonable exercise of the police power:

(a) Regulating or prohibiting processions or assemblages on the highways.

(b) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction.

(c) Designating any highway as a through highway, requiring that all vehicles stop before entering or crossing the highway, or designating any intersection as a stop or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to the intersection.

(d) Designating truck and bicycle routes.

(e) Adopting such other traffic regulations related to specific highways as are expressly authorized by this chapter.

2. An ordinance relating to traffic control enacted under this section is not effective until official devices for traffic control giving notice of those local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as is most appropriate.

3. An ordinance enacted under this section is not effective with respect to:

(a) Highways constructed and maintained by the Department of Transportation under the authority granted by chapter 408 of NRS; or

(b) Alternative routes for the transport of radioactive, chemical or other hazardous materials which are governed by regulations of the United States Department of Transportation,

until the ordinance has been approved by the Board of Directors of the Department of Transportation.

4. As used in this section, "hazardous material" has the meaning ascribed to it in NRS 459.7024.

(Added to NRS by 1969, 1488; A 1979, 1813; 1981, 234; 1983, 1079; 1987, 1757; 1989, 1313; 1993, 850)

NEVADA CASES.

Approval of ordinance by board of directors of department of transportation not required if ordinance not enacted pursuant to section. The prohibition set forth in NRS 484.779(3) against an ordinance becoming effective until it has been approved by the board of directors of the department of transportation applies only with respect to ordinances enacted pursuant to NRS 484.779. The types of ordinances which may be enacted pursuant to NRS 484.779 (see NRS 484.779(1)) deal generally with the use and flow of traffic on state highways or the regulation of a specific highway. Thus, where a local authority adopts a generally applicable safety regulation (such as an ordinance prohibiting drunk driving) that is unrelated to those enumerated in NRS 484.779(1), such a regulation need not be approved by the board of directors of the department of transportation before it becomes effective. Paschall v. State, 116 Nev. 911, 8 P.3d 851 (2000), see also AGO 83-12 (9-13-1983)

ATTORNEY GENERAL'S OPINIONS.

Local authorities have concurrent jurisdiction with State of Nevada to regulate parking. Notwithstanding provisions of NRS 484.779, local authorities have concurrent jurisdiction with the State of Nevada to regulate parking on state highways within their respective territorial boundaries. (See NRS 484.399 and 484.403.) AGO 90-19 (12-28-1990)

Local government is immune from liability in setting speed limit. The setting of a local speed limit is within the discretion of a local government (see NRS 484.779) and, therefore, a local government is immune from liability pursuant to NRS 41.032 in setting a speed limit. AGO 95-21 (12-4-1995)

Local government did not abuse discretion in setting speed limit below speed limit recommended by traffic engineer. Although use of traffic-control devices by a local government must conform with the manual and specifications for the uniform system of official traffic-control devices adopted by the department of transportation pursuant to NRS 484.781, a local government is not bound by specific recommendations of a traffic engineer based on an engineering study and has discretion pursuant to NRS 484.779 and 484.783 to set a speed limit below the speed limit recommended by the traffic engineer. AGO 95-21 (12- 4-1995)