Assembly Bill No. 7

Assembly Bill No. 7-Assemblyman Manendo

CHAPTER

AN ACT relating to traffic laws; authorizing the private enforcement of laws relating to parking for handicapped persons; and providing other matters properly relating thereto.

[Approved April 30, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A local law enforcement agency may appoint volunteers to issue citations for the violation of the provisions of NRS 484.408 or ordinances enacted by a local authority that govern parking for the handicapped.
2. The local law enforcement agency appointing volunteers shall:
(a) Establish minimum qualifications for the volunteers;
(b) Provide training to the volunteers before authorizing them to issue citations; and
(c) Provide the volunteers with appropriate equipment, including, but not limited to, uniforms or other identifying attire and traffic citations issued in books.
3. A citation issued by a volunteer appointed pursuant to subsection 1 has the same force and effect as a citation issued by a peace officer. The volunteer shall deposit the original or a copy of the citation in the manner prescribed in subsection 1 of NRS 484.813.
4. For the purposes of this section, a person who volunteers to a local law enforcement agency to issue citations pursuant to subsection 1 shall be deemed an employee of a political subdivision of this state for the purposes of NRS 616A.160 if he has successfully completed the training course for the issuance of such citations provided by the local law enforcement agency.
5. Local law enforcement agencies are not liable for the negligent acts or omissions of a person who volunteers to issue citations pursuant to subsection 1 unless:
(a) The volunteer made a specific promise or representation to a natural person who relied upon the promise or representation to his detriment; or
(b) The conduct of the volunteer affirmatively caused the harm.
The provisions of this section are not intended to abrogate the principal of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.
6. An owner of private property on which there are parking spaces designated for the handicapped, or the owner or operator of a business establishment located on such property, is not liable for any acts or omissions resulting from the issuance of a citation by a volunteer pursuant to this section.
Sec. 2. NRS 616A.160 is hereby amended to read as follows:
616A.160Volunteer officers attached to the Nevada highway patrol, volunteers appointed pursuant to section 1 of this act who qualify pursuant to subsection 4 of that section, the investigators appointed pursuant to NRS 481.243 or volunteers of a regularly organized and recognized police department, metropolitan police department or sheriff's unit, while engaged in their duties as such in any voluntary community service and while acting under the direction of the chief of the Nevada highway patrol, chief of the investigation division of the department of motor vehicles and public safety or a sheriff or chief of police, or their deputies or assistants, of any county, metropolitan police department, city or town in the protection of life or property shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the Nevada highway patrol, investigation division or the city, town, metropolitan police department or county so recognizing them, at the wage of $900 per month, and are entitled to the benefits of those chapters upon compliance therewith by the Nevada highway patrol, investigation division or the county, metropolitan police department, city or town.
Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.
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