SUMMARY--Makes various changes concerning liability for and laws governing noise from shooting ranges. (BDR 3-1614)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to shooting ranges; providing that a shooting range is subject only to the laws related to the control of noise that were in effect when the range was approved; providing immunity from civil liability to a person who owns, operates or uses a shooting range for damages related to noise if the shooting range is in compliance with any such law; providing that noise from a shooting range does not constitute a public nuisance if the range complies with any such law; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:
1. After a governmental entity has approved the construction or operation of a shooting range, the shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after receiving the approval, but the shooting range must continue to comply with any state or local law related to the control of noise that is in effect at the time of the approval as the law exists at that time. If an improvement is subsequently made to a shooting range, it does not become subject to any state or local law related to the control of noise that was adopted or amended after the date of the approval if the improvement does not substantially change the nature of the use of the shooting range.
2. Notwithstanding any other provision of law, a person who owns, operates or uses a shooting range in this state is not subject to civil liability for damages to a person or his property in any action relating to noise resulting from the operation or use of the shooting range if the shooting range has complied with any law to which it is subject pursuant to subsection 1.
3. Nothing in this section prohibits an action against a person who owns, operates or uses a shooting range for any negligent or reckless conduct of that person in the operation or use of the shooting range.
4. As used in this section, "shooting range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar device for sport or to conduct training for law enforcement.
Sec. 2 NRS 40.140 is hereby amended to read as follows:
40.140 1. Except as otherwise provided in subsection 2, and section 1 of this act, anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.
2. It is presumed:
(a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.
(b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
Sec. 3 NRS 202.450 is hereby amended to read as follows:
202.450 1. A public nuisance is a crime against the order and economy of the state.
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;
(b) Wherein any fighting between animals or birds is conducted;
(c) Wherein any dog races are conducted without a license as provided by law;
(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or
(e) Where vagrants resort,
is a public nuisance.
3. Every act unlawfully done and every omission to perform a duty, which act or omission:
(a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;
(b) Offends public decency;
(c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d) In any way renders a considerable number of persons insecure in life or the use of property,
is a public nuisance.
4. Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
5. For the purposes of this section, any activity conducted on and consistent with the use of a shooting range does not constitute a nuisance with respect to any noise attributable to the activity if the shooting range is in compliance with any law to which it is subject pursuant to subsection 1 of section 1 of this act at the time the activity occurred.
6. As used in this section, "shooting range" has the meaning ascribed to it in subsection 4 of section 1 of this act.
Sec. 4 NRS 244.363 is hereby amended to read as follows:
244.363 [The] Except as otherwise provided in section 1 of this act and subsection 5 of NRS 202.450, the boards of county commissioners in their respective counties may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the county.
Sec. 5 NRS 266.335 is hereby amended to read as follows:
266.335 The city council may:
1. [Determine] Except as otherwise provided in section 1 of this act and subsection 5 of NRS 202.450, determine by ordinance what shall be deemed nuisances.
2. Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances.
3. Provide that such expense of removal shall be a lien upon the property upon which the nuisance is located. Such lien shall:
(a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of general taxes.
(c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for such nuisances.
Sec. 6 NRS 268.412 is hereby amended to read as follows:
268.412 [The] Except as otherwise provided in section 1 of this act and subsection 5 of NRS 202.450, the city council or other governing body of a city may, by ordinance regularly enacted, regulate, control and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of the city.