NRS 484B.923 Lake Tahoe Basin Scenic Byway Corridor Recreation Safety Zone: Creation; control of traffic and parking; parking fees; intergovernmental agreements; citations and notices of noncompliance; liability of governmental agencies for acts and omissions of employees; use of fines and fees.

1,238 words·~6 min read·/nv/chapter-484b-rules-of-the-road/484b-923·

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

1. The Lake Tahoe Basin Scenic Byway Corridor Recreation Safety Zone is hereby created in the Lake Tahoe Region, consisting of any portion of U.S. Highway 50, Nevada State Route 28, Nevada State Route 431 and Nevada State Route 207 that is located in the Lake Tahoe Region and directly connected to a recreational destination or that has otherwise been designated as a Scenic Byway.

2. Within the Lake Tahoe Basin Scenic Byway Corridor Recreation Safety Zone, the Department of Transportation and any local law enforcement agency with jurisdiction in the Region may:

(a)Place traffic control devices on any portion of highway in the Safety Zone and implement measures of traffic calming;

(b)Prohibit or restrict parking on the shoulder of any highway in the Safety Zone; and

(c)Prohibit or restrict a person from stopping, leaving standing or parking a vehicle anywhere the Department of Transportation or the local law enforcement agency determines such activities are dangerous to other persons operating a vehicle on a highway in the Safety Zone or would duly interfere with the free movement of traffic on such highway.

Ê A person shall not stop, park or leave standing any vehicle in violation of a traffic control device, prohibition or restriction established pursuant to this subsection.

3. In addition to the provisions of subsection 2:

(a)The Department of Transportation may, on any land owned or held by the Department of Transportation:

(1)Establish and collect fees for public parking; and

(2)Enter into an agreement with one or more state agencies, local governments, local governmental agencies or the Tahoe transportation district, as applicable, to enforce and collect any fee established pursuant to this paragraph for public parking; and

(b)The Department of Transportation or a law enforcement agency may enter into agreements with one or more state agencies, local governments with jurisdiction in the Region, local governmental agencies or the Tahoe transportation district relating to parking in the Safety Zone, including, without limitation:

(1)The development of public parking in any right-of-way or land owned by the State and pedestrian pathways for residents and visitors who use such public parking to move from the public parking to a recreational destination; and

(2)The enforcement of parking restrictions and prohibitions established pursuant to subsection 2.

4. Any agreement entered into pursuant to subsection 3:

(a)Except as otherwise provided in paragraph (b), may authorize the state agency, local government, local governmental agency or the Tahoe transportation district to appoint employees, who must be directly employed by the state agency, local government, local governmental agency or Tahoe transportation district, as applicable, to issue citations or notices of noncompliance, manually or electronically, for a violation of any parking restriction or prohibition established pursuant to subsection 2 or a requirement to pay a fee established pursuant to subsection 3. A citation or notice of noncompliance authorized by this paragraph and issued pursuant to the agreement has the same force and effect as a citation or notice issued by a peace officer. The employee must file the original or a copy of the citation or notice of compliance in the manner required pursuant to NRS 484A.680 .

(b)Must prohibit the issuance of citations or notices of noncompliance in any area within the Lake Tahoe Basin Scenic Byway Corridor Recreation Safety Zone where there is no access to a recreation destination from the public parking using public transit or pedestrian pathways.

(c)Must require the state agency, local government, local governmental agency or Tahoe transportation district, as applicable, for any employee appointed pursuant to paragraph (a), to:

(1)Establish minimum qualifications;

(2)Provide training to the employee before the employee may issue citations or notices of noncompliance; and

(3)Provide appropriate equipment to the employee, including, without limitation, uniforms or identifying attire and books or electronic devices for issuing citations or notices of noncompliance; and

(d)If the agreement is made with the Tahoe transportation district, must require that any fees or fines collected by the Tahoe transportation district be used in the Lake Tahoe Region to manage parking in the Region.

5. A state agency, local government or local governmental agency that appoints an employee to issue citations or notices of noncompliance pursuant to subsection 4 is not liable for the negligent acts or omissions of such an employee unless:

(a)The employee made a specific promise or representation to a natural person who relied upon the promise or representation to the person’s detriment; or

(b)The conduct of the employee affirmatively caused the harm.

Ê The provisions of this section are not intended to abrogate the principle of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.

6. Any fee established by the Department of Transportation pursuant to subsection 3 and collected by the Department of Transportation, a state agency, a local government or a local governmental agency must be used to manage parking in the Lake Tahoe Region, including, without limitation:

(a)The operation and maintenance of public parking and pedestrian pathways;

(b)The enforcement of parking restrictions and prohibitions and fees for public parking;

(c)The installation of adequate signage to support safety and provide information to any person using the public parking; and

(d)The development, operation and maintenance of amenities for any person using the public parking, including, without limitation, restrooms and trash cans.

7. Any fine collected by the Department of Transportation, a law enforcement agency, a state agency, a local government or a local governmental agency pursuant to this section must be used in the Lake Tahoe Region for enforcing parking restrictions and prohibitions in the Safety Zone.

8. As used in this section:

(a)“Lake Tahoe Region” or “Region” includes Lake Tahoe and the adjacent parts of Douglas and Washoe Counties and Carson City lying within the Tahoe Basin in the State of Nevada.

(b)“Public parking” means a parking space or parking facility, including, without limitation, a parking deck, parking garage, parking structure or paved or unpaved parking lot, that members of the public are invited or permitted to enter and use.

(c)“Scenic Byway” has the meaning ascribed to it in the National Scenic Byways Program, as issued by the United States Federal Highway Administration in 60 Federal Register 26,759 on May 18, 1995.

(d)“Tahoe transportation district” means the Tahoe transportation district established by Article IX of the Tahoe Regional Planning Compact.

(e)“Traffic calming”:

(1)Means a combination of measures and techniques intended to:

(I)Reduce vehicular speeds;

(II)Promote safe and pleasant conditions for motorists, bicyclists, pedestrians and residents;

(III)Improve the environment and usability of roadways;

(IV)Improve real and perceived safety for nonmotorized traffic; or

(V)Achieve any combination of the purposes set forth in sub-subparagraphs

(I)to (IV), inclusive.

(2)Does not include any combination of measures and techniques that reduces the number of lanes for traveling on any portion of U.S. Highway 50, Nevada State Route 28, Nevada State Route 431 or Nevada State Route 207 that is part of the Lake Tahoe Basin Scenic Byway Corridor Recreation Safety Zone created by subsection 1.