Nev. Rev. Stat. § 484B.135

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 484B.135 - Double penalty for certain traffic violations committed in pedestrian safety zones; exception in certain pedestrian safety zones
1. Except as otherwise provided in subsections 2 and 4, a person who is found to have committed a violation of a speed limit, or convicted of or found to have committed a violation of NRS 484B.150, 484B.163, 484B.165, 484B.200 to 484B.217, inclusive, 484B.223, 484B.227, 484B.280, 484B.283, 484B.300, 484B.303, 484B.307, 484B.317, 484B.320, 484B.327, 484B.403, 484B.600, 484B.603, 484B.650, 484B.653, 484B.657, 484C.110 or 484C.120, that occurred in an area designated as a pedestrian safety zone may:
(a) If the violation is a criminal offense, be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense.
(b) If the violation is a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive, be punished by a civil penalty in an amount equal to and in addition to the civil penalty that the court imposes for the primary infraction.

Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense or civil infraction but provides an additional penalty for the primary offense or civil infraction, whose imposition is discretionary with the court and contingent upon the finding of the prescribed fact.

2. If a violation described in subsection 1 is:
(a) A criminal offense, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service.
(b) A civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive, the additional penalty imposed pursuant to subsection 1 must not exceed a total of $250.
3. A governmental entity that designates a pedestrian safety zone shall cause to be erected:
(a) A sign located before the beginning of the pedestrian safety zone which provides notice that higher fines and civil penalties may apply in pedestrian safety zones;
(b) A sign to mark the beginning of the pedestrian safety zone; and
(c) A sign to mark the end of the pedestrian safety zone.
4. A person who would otherwise be subject to an additional penalty pursuant to this section is not subject to such an additional penalty if, with respect to the pedestrian safety zone in which the violation occurred:
(a) A sign is not erected before the beginning of the pedestrian safety zone as required by paragraph (a) of subsection 3 to provide notice that higher fines and civil penalties may apply in pedestrian safety zones; or
(b) Signs are not erected as required by paragraphs (b) and (c) of subsection 3 to mark the beginning and end of the pedestrian safety zone.
5. The governing body of a local government or the Department of Transportation may designate a pedestrian safety zone on a highway if the governing body or the Department of Transportation:
(a) Makes findings as to the necessity and appropriateness of a pedestrian safety zone, including, without limitation, any circumstances on or near a highway which make an area of the highway dangerous for pedestrians; and
(b) Complies with the requirements of subsection 3 and NRS 484A.430 and 484A.440.

NRS 484B.135

Added to NRS by 2015, 1560; A 2021, 379, 3327
Amended by 2021, Ch. 506,§43, eff. 1/1/2023.
Amended by 2021, Ch. 91,§1, eff. 7/1/2021.
Added by 2015, Ch. 312,§1, eff. 10/1/2015.