NRS 244.35425 Agreement for exemption: Entry into agreement; modification or termination; required provisions; duration.

609 words·~3 min read·/nv/chapter-244-counties-government/244-35425·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A board of county commissioners may enter into an agreement with any person or organization described in paragraph

(b)to exempt from the provisions of any ordinance adopted by that board of county commissioners pursuant to NRS 244.354 and the provisions of NRS 244.354 to 244.3548 , inclusive:

(a)Any assembly occurring on federal land for which a federal agency issues a license or permit or otherwise authorizes the assembly; and

(b)The person or organization that permits, maintains, promotes, conducts, advertises, operates, undertakes, organizes, manages or sells or gives away tickets to any such assembly.

2. In determining whether to enter into an agreement pursuant to subsection 1, a board of county commissioners may consider, without limitation, whether a person or organization described in paragraph

(b)of subsection 1 has demonstrated to the satisfaction of the board that:

(a)The federal agency that issues a license or permit for or otherwise authorizes an assembly described in paragraph

(a)of subsection 1 has ensured that conditions which otherwise may be imposed by the board pursuant to NRS 244.3545 are addressed during the process of issuing the license or permit for or otherwise authorizing the assembly; and

(b)The assembly will not present an unreasonable danger to the health or safety of any resident of the county.

3. Except as otherwise provided in subsection 6, an agreement entered into pursuant to subsection 1 may be rescinded only by mutual agreement of the parties to the agreement. For the duration of the agreement, no future board of county commissioners of that county may adopt an ordinance requiring, or in any other way require:

(a)The application of the provisions of NRS 244.354 to 244.3548 , inclusive, to the assembly that is the subject of the agreement, the person or organization with whom the board enters into the agreement, or any other person who permits, maintains, promotes, conducts, advertises, operates, undertakes, organizes, manages or sells or gives away tickets to the assembly; or

(b)Any changes to the terms of the agreement.

4. If a board of county commissioners enters into an agreement pursuant to subsection 1:

(a)The agreement must require the person or organization described in paragraph

(b)of subsection 1 to call upon the services of the office of the county coroner if a death of a person occurs at the assembly;

(b)The agreement must provide for the office of the county coroner to receive compensation for such services, including, without limitation, compensation:

(1)For the expenses of any travel and subsistence incurred in the provisions of such services;

(2)For the expenses relating to an autopsy and the transportation and storage of the body of the deceased; and

(3)For any other reasonable expenses relating to the provision of such services; and

(c)The board of county commissioners or any board of county commissioners that takes office after the effective date of the agreement may enter into a separate agreement with the person or organization described in paragraph

(b)of subsection 1 which provides for the county to provide reasonable and necessary services for the assembly and to receive compensation for the provision of such services.

5. Notwithstanding the provisions of NRS 244.320 , any agreement entered into pursuant to this section may extend beyond the terms of the county commissioners in office and voting on the agreement regardless of whether the board appropriates money for the agreement beyond the terms of office.

6. Nothing contained in this section shall be construed to prohibit, prevent or limit the power of the Legislature.