NAC408.433. Shelters or benches: Requirements.

     1. Shelters or benches used by persons waiting for public buses placed by or pursuant to the authority of a local government or public transportation authority may be placed within the right-of-way of a state highway pursuant to an occupancy permit:

     (a) Granted for each shelter or bench; or

     (b) Which includes the jurisdictional area of the local government or public transportation authority.

Ê The permit must be issued to the local government or public transportation authority even if the shelter or bench is placed and owned by a private contractor or provider.

     2. A shelter used by persons waiting for public buses must:

     (a) Except for the support framework and roof, be constructed of durable and transparent materials;

     (b) Not create a safety hazard;

     (c) Not obstruct the sight of motorists; or

     (d) Not create an unreasonable impediment to pedestrian traffic.

     3. A shelter must not be longer than 18 feet (5.5 meters) or deeper than 6 feet (1.8 meters).

     4. Shelters and benches must be regularly maintained by the owners of the shelters and benches.

     5. Shelters and benches which are financed or supported by displays for advertising placed thereon or appurtenant thereto may be allowed if the advertising is not greater than 48 square feet (4.5 square meters) per shelter or 32 square feet (3 square meters) per bench. The local government or public transportation authority shall ensure that shelters or benches are placed only to serve the members of the public and that additional shelters or benches are not placed primarily to accommodate displays for advertising.

     6. A shelter and any appurtenant displays for advertising may be lighted. Flashing or moving lights are prohibited. The lighting must not be so bright or misdirected as to blind or distract motorists. Any appurtenant lighted display for advertising must not be lighted in greater intensity than other parts of the shelter.

     7. Any shelter or bench which does not comply with the provisions of this section or is otherwise determined by the district engineer to create a traffic or pedestrian hazard must be corrected or removed immediately by the holder of the occupancy permit.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)