House Introduced Bill 4517

HOUSE BILL No. 4517

March 18, 1997, Introduced by Rep. Middaugh and referred to the Committee on Transportation.

A bill to amend 1972 PA 106, entitled

"Highway advertising act of 1972,"

by amending the title and sections 2, 3, 6, 7, 12, 13, 21, and 22

(MCL 252.302, 252.303, 252.306, 252.307, 252.312, 252.313,

252.321, and 252.322) and by adding sections 4a, 7a, 13a, 13b,

17a, and 19a; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 TITLE

2 An act to provide for the licensing, regulation, and con-

3 trol, AND PROHIBITION of outdoor advertising adjacent to certain

4 highways; to prescribe certain powers and duties OF CERTAIN

5 STATE AGENCIES AND OFFICIALS; to promulgate rules; to provide

6 penalties for violations; and to repeal certain acts and parts

7 of acts.

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1 Sec. 2. As used in this act:

2 (a) "Business area" means an adjacent area which is zoned

3 under authority of state, county, township or municipal zoning

4 authority for industrial or commercial purposes, customarily

5 referred to as "b" or business, "c" or commercial, "i" or indus-

6 trial, "m" or manufacturing, and "s" or service, and all other

7 similar classifications and which: (i) is within a city, village

8 or charter township or (ii) is within 1 mile of the corporate

9 limits of a city, village or charter township or (iii) is beyond

10 1 mile of the corporate limits of a city, village or charter

11 township and contains 1 or more permanent structures devoted to

12 the industrial or commercial purposes described in this subdivi-

13 sion and which extends along the highway a distance of 800 feet

14 beyond each edge of the activity. Each side of the highway is

15 considered separately in applying this definition except where it

16 is not topographically feasible for a sign or sign structure to

17 be erected or maintained on the same side of the highway as the

18 permanent structure devoted to industrial or commercial purposes,

19 a business area may be established on the opposite side of a pri-

20 mary highway in an area zoned commercial or industrial or in an

21 unzoned area with the approval of the state highway commission.

22 A permanent structure devoted to industrial or commercial pur-

23 poses shall not result in the establishment of a business area on

24 both sides of the highway. All measurements shall be from the

25 outer edge of the regularly used building, parking lot or storage

26 or processing area of the commercial or industrial activity and

27 not from the property lines of the activities and shall be along

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1 or parallel to the edge or pavement of the highway. Commercial

2 or industrial purposes are those activities generally recognized

3 as commercial or industrial by zoning authorities except that the

4 following activities shall not be considered commercial or

5 industrial:

6 (i) Agricultural, forestry, grazing, farming, and related

7 activities, including, but not limited to, wayside fresh produce

8 stands.

9 (ii) Transient or temporary activities.

10 (iii) Activities not visible from the main-traveled way.

11 (iv) Activities conducted in a building principally used as

12 a residence.

13 (v) Railroad tracks and minor sidings.

14 (vi) Outdoor advertising.

15 (vii) Activities more than 660 feet from the main-traveled

16 way.

17 (b) "Unzoned commercial or industrial area" means an area

18 which is within an adjacent area, which is not zoned by state or

19 local law, regulation or ordinance, which contains 1 or more per-

20 manent structures devoted to the industrial or commercial pur-

21 poses described in subdivision (a), and which extends along the

22 highway a distance of 800 feet beyond each edge of the activity.

23 Each side of the highway is considered separately in applying

24 this definition except where it is not topographically feasible

25 for a sign or sign structure to be erected or maintained on the

26 same side of the highway as the permanent structure devoted to

27 industrial or commercial purposes, an unzoned commercial or

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1 industrial area may be established on the opposite side of a

2 primary highway in an area zoned commercial or industrial or in

3 an unzoned area with the approval of the state highway

4 commission. A permanent structure devoted to industrial or com-

5 mercial purposes shall not result in the establishment of an

6 unzoned commercial or industrial area on both sides of the

7 highway. All measurements shall be from the outer edge of the

8 regularly used building, parking lot or storage or processing

9 area of the commercial or industrial activity and not from the

10 property lines of the activities and shall be along or parallel

11 to the edge or pavement of the highway. Commercial or industrial

12 purposes are those activities generally recognized as commercial

13 or industrial by zoning authorities except that the following

14 activities shall not be considered commercial or industrial:

15 (i) Agricultural, forestry, grazing, farming and related

16 activities, including, but not limited to, wayside fresh produce

17 stands.

18 (ii) Transient or temporary activities.

19 (iii) Activities not visible from the main-traveled way.

20 (iv) Activities conducted in a building principally used as

21 a residence.

22 (v) Railroad tracks and minor sidings.

23 (vi) Outdoor advertising.

24 (vii) Activities more that 660 feet from the main-traveled

25 way.

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1 (c) "Erect" means to construct, build, raise, assemble,

2 place, affix, attach, create, paint, draw, or in any other way

3 bring into being or establish.

4 (d) "Interstate highway" means a highway officially desig-

5 nated as a part of the national system of interstate and defense

6 highways by the department and approved by the appropriate

7 authority of the federal government.

8 (e) "Freeway" means a divided highway of not less than 2

9 lanes in each direction to which owners or occupants of abutting

10 property or the public do not have a right of ingress or egress

11 to, from or across the highway, except at points determined by or

12 as otherwise provided by the authorities responsible therefor.

13 (f) "Primary highway" means a highway, other than an inter-

14 state highway or freeway, officially designated as a part of the

15 federal aid primary system as defined in section 103 of title 23

16 of the United States code, as amended, by the department and

17 approved by the appropriate authority of the federal government.

18 (g) "Main-traveled way" means the traveled way of a highway

19 on which through traffic is carried. The traveled way of each of

20 the separate roadways for traffic in opposite directions is a

21 main-traveled way of a divided highway. It does not include

22 facilities as frontage roads, turning roadways or parking areas.

23 (h) "Sign" means any outdoor sign, display, device, figure,

24 painting, drawing, message, placard, poster, billboard, or other

25 thing, whether placed individually or on a T-type, V-type, back

26 to back or double-faced display, designed, intended or used to

27 advertise or inform.

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1 (i) "Sign structure" means the assembled components which

2 make up an outdoor advertising display, including but not limited

3 to uprights, supports, facings and trim. Such sign structure may

4 contain 1 or 2 signs per facing and may be double-faced, back to

5 back, T-type or V-type.

6 (j) "Visible" means capable of being seen by a person of

7 normal visual acuity.

8 (k) "Location" means a place where there is located a

9 single, double-faced, back to back, T-type, or V-type sign

10 structure.

11 (l) "Maintain" means to allow to exist and includes the

12 periodic changing of advertising messages, customary maintenance

13 and repair of signs and sign structures.

14 (m) "Abandoned sign or sign structure" means a sign or sign

15 structure subject to the provisions of this act, the owner of

16 which has failed to secure a permit, has failed to identify the

17 sign or sign structure or has failed to respond to notice.

18 (n) "Department" means the department of state highways and

19 transportation.

20 (o) "Adjacent area" means the area measured from the nearest

21 edge of the right of way of an interstate highway, freeway, or

22 primary highway and extending 3,000 feet perpendicularly and then

23 along a line parallel to the right-of-way line.

24 (p) "Person" means any individual, partnership, private

25 association, or corporation, state, county, city, village, town-

26 ship, charter township, or other public or municipal association

27 or corporation.

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1 (A) "ABANDONED SIGN OR SIGN STRUCTURE" MEANS A SIGN OR SIGN

2 STRUCTURE SUBJECT TO THE PROVISIONS OF THIS ACT, THE OWNER OF

3 WHICH HAS FAILED TO SECURE A PERMIT, HAS FAILED TO IDENTIFY THE

4 SIGN OR SIGN STRUCTURE, OR HAS FAILED TO RESPOND TO NOTICE.

5 (B) "ADJACENT AREA" MEANS THE AREA MEASURED FROM THE NEAREST

6 EDGE OF THE RIGHT-OF-WAY OF AN INTERSTATE HIGHWAY, FREEWAY, OR

7 PRIMARY HIGHWAY UNDER THE JURISDICTION OF THE DEPARTMENT OR A

8 SECONDARY HIGHWAY, MAJOR STREET, OR LOCAL ROAD AND EXTENDING

9 3,000 FEET PERPENDICULARLY AND THEN ALONG A LINE PARALLEL TO THE

10 RIGHT-OF-WAY LINE.

11 (C) "BUSINESS AREA" MEANS AN ADJACENT AREA THAT IS ZONED

12 UNDER AUTHORITY OF STATE, COUNTY, TOWNSHIP, OR MUNICIPAL ZONING

13 AUTHORITY FOR INDUSTRIAL OR COMMERCIAL PURPOSES, CUSTOMARILY

14 REFERRED TO AS "B" OR BUSINESS, "C" OR COMMERCIAL, "I" OR INDUS-

15 TRIAL, "M" OR MANUFACTURING, AND "S" OR SERVICE, AND ALL OTHER

16 SIMILAR CLASSIFICATIONS AND CONTAINS 1 OR MORE PERMANENT STRUC-

17 TURES DEVOTED TO THE INDUSTRIAL OR COMMERCIAL PURPOSES DESCRIBED

18 IN THIS SUBDIVISION AND THAT EXTENDS ALONG THE HIGHWAY A DISTANCE

19 OF 800 FEET BEYOND EACH EDGE OF THE ACTIVITY. EACH SIDE OF THE

20 HIGHWAY IS CONSIDERED SEPARATELY IN APPLYING THIS DEFINITION.

21 HOWEVER, WHERE IT IS NOT TOPOGRAPHICALLY FEASIBLE FOR A SIGN OR

22 SIGN STRUCTURE TO BE ERECTED OR MAINTAINED ON THE SAME SIDE OF

23 THE HIGHWAY AS THE PERMANENT STRUCTURE DEVOTED TO INDUSTRIAL OR

24 COMMERCIAL PURPOSES, A BUSINESS AREA MAY BE ESTABLISHED ON THE

25 OPPOSITE SIDE OF A PRIMARY HIGHWAY IN AN AREA ZONED COMMERCIAL OR

26 INDUSTRIAL OR IN AN UNZONED AREA WITH THE APPROVAL OF THE STATE

27 HIGHWAY COMMISSION. A PERMANENT STRUCTURE DEVOTED TO INDUSTRIAL

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1 OR COMMERCIAL PURPOSES SHALL NOT RESULT IN THE ESTABLISHMENT OF A

2 BUSINESS AREA ON BOTH SIDES OF THE HIGHWAY. ALL MEASUREMENTS

3 SHALL BE FROM THE OUTER EDGE OF THE REGULARLY USED BUILDING,

4 PARKING LOT, OR STORAGE OR PROCESSING AREA OF THE COMMERCIAL OR

5 INDUSTRIAL ACTIVITY AND NOT FROM THE PROPERTY LINES OF THE ACTIV-

6 ITIES AND SHALL BE ALONG OR PARALLEL TO THE EDGE OR PAVEMENT OF

7 THE HIGHWAY. COMMERCIAL OR INDUSTRIAL PURPOSES ARE THOSE ACTIVI-

8 TIES GENERALLY RECOGNIZED AS COMMERCIAL OR INDUSTRIAL BY ZONING

9 AUTHORITIES EXCEPT THAT THE FOLLOWING ACTIVITIES ARE NOT CONSID-

10 ERED COMMERCIAL OR INDUSTRIAL:

11 (i) AGRICULTURAL, FORESTRY, GRAZING, FARMING, AND RELATED

12 ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, WAYSIDE FRESH PRODUCE

13 STANDS.

14 (ii) TRANSIENT OR TEMPORARY ACTIVITIES.

15 (iii) ACTIVITIES NOT VISIBLE FROM THE MAIN-TRAVELED WAY.

16 (iv) ACTIVITIES CONDUCTED IN A BUILDING PRINCIPALLY USED AS

17 A RESIDENCE.

18 (v) RAILROAD TRACKS AND MINOR SIDINGS.

19 (vi) OUTDOOR ADVERTISING.

20 (vii) ACTIVITIES MORE THAN 660 FEET FROM THE MAIN-TRAVELED

21 WAY.

22 (D) "DEPARTMENT" MEANS THE STATE TRANSPORTATION DEPARTMENT.

23 (E) "ERECT" MEANS TO CONSTRUCT, BUILD, RAISE, ASSEMBLE,

24 PLACE, AFFIX, ATTACH, CREATE, PAINT, DRAW, OR IN ANY OTHER WAY

25 BRING INTO BEING OR ESTABLISH.

26 (F) "FREEWAY" MEANS A DIVIDED HIGHWAY OF NOT LESS THAN 2

27 LANES IN EACH DIRECTION TO, FROM, OR ACROSS WHICH OWNERS OR

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1 OCCUPANTS OF ABUTTING PROPERTY OR THE PUBLIC DO NOT HAVE A RIGHT

2 OF INGRESS OR EGRESS EXCEPT AT POINTS DETERMINED BY OR AS OTHER-

3 WISE PROVIDED BY THE AUTHORITIES RESPONSIBLE FOR THE HIGHWAY.

4 (G) "INTERSTATE HIGHWAY" MEANS A HIGHWAY OFFICIALLY DESIG-

5 NATED AS A PART OF THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE

6 HIGHWAYS BY THE DEPARTMENT AND APPROVED BY THE APPROPRIATE

7 AUTHORITY OF THE FEDERAL GOVERNMENT.

8 (H) "LOCATION" MEANS A PLACE WHERE THERE IS LOCATED A

9 SINGLE, DOUBLE-FACED, BACK TO BACK, T-TYPE, OR V-TYPE SIGN

10 STRUCTURE.

11 (I) "MAINTAIN" MEANS TO ALLOW TO EXIST AND INCLUDES THE

12 PERIODIC CHANGING OF ADVERTISING MESSAGES, CUSTOMARY MAINTENANCE,

13 AND REPAIR OF SIGNS AND SIGN STRUCTURES. MAINTAIN DOES NOT

14 INCLUDE THE ENLARGING OF A SIGN OR OTHERWISE ALTERING THE SIGN

15 STRUCTURE.

16 (J) "MAIN-TRAVELED WAY" MEANS THE TRAVELED WAY OF A HIGHWAY

17 ON WHICH THROUGH TRAFFIC IS CARRIED. THE TRAVELED WAY OF EACH OF

18 THE SEPARATE ROADWAYS FOR TRAFFIC IN OPPOSITE DIRECTIONS IS A

19 MAIN-TRAVELED WAY OF A DIVIDED HIGHWAY. IT DOES NOT INCLUDE

20 FACILITIES SUCH AS FRONTAGE ROADS, TURNING ROADWAYS, OR PARKING

21 AREAS.

22 (K) "PERSON" MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION,

23 CORPORATION, GOVERNMENTAL ENTITY, OR OTHER LEGAL ENTITY.

24 (l) "PRIMARY HIGHWAY" MEANS A HIGHWAY, OTHER THAN AN INTER-

25 STATE HIGHWAY OR FREEWAY, OFFICIALLY DESIGNATED AS A PART OF THE

26 FEDERAL AID PRIMARY SYSTEM AS DEFINED IN SECTION 103 OF CHAPTER 1

27 OF TITLE 23 OF THE UNITED STATES CODE, 23 U.S.C. 103, BY THE

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1 DEPARTMENT AND APPROVED BY THE APPROPRIATE AUTHORITY OF THE

2 FEDERAL GOVERNMENT.

3 (M) "SECONDARY HIGHWAY" MEANS A STATE SECONDARY ROAD OR

4 COUNTY PRIMARY ROAD.

5 (N) "SIGN" MEANS ANY OUTDOOR SIGN, DISPLAY, DEVICE, FIGURE,

6 PAINTING, DRAWING, MESSAGE, PLACARD, POSTER, BILLBOARD, OR OTHER

7 THING, WHETHER PLACED INDIVIDUALLY OR ON A T-TYPE, V-TYPE, BACK

8 TO BACK, OR DOUBLE-FACED DISPLAY DESIGNED, INTENDED, OR USED TO

9 ADVERTISE OR INFORM.

10 (O) "SIGN STRUCTURE" MEANS THE ASSEMBLED COMPONENTS THAT

11 MAKE UP AN OUTDOOR ADVERTISING DISPLAY, INCLUDING, BUT NOT

12 LIMITED TO, UPRIGHTS, SUPPORTS, FACINGS, AND TRIM. THE SIGN

13 STRUCTURE MAY CONTAIN 1 OR 2 SIGNS PER FACING AND MAY BE

14 DOUBLE-FACED, BACK TO BACK, T-TYPE, OR V-TYPE.

15 (P) "UNZONED COMMERCIAL OR INDUSTRIAL AREA" MEANS AN AREA

16 THAT IS WITHIN AN ADJACENT AREA, WHICH IS NOT ZONED BY STATE OR

17 LOCAL LAW, REGULATION, OR ORDINANCE, THAT CONTAINS 1 OR MORE PER-

18 MANENT STRUCTURES DEVOTED TO THE INDUSTRIAL OR COMMERCIAL PUR-

19 POSES DESCRIBED IN SUBDIVISION (C), AND THAT EXTENDS ALONG THE

20 HIGHWAY A DISTANCE OF 800 FEET BEYOND EACH EDGE OF THE ACTIVITY.

21 A PERMANENT STRUCTURE DEVOTED TO INDUSTRIAL OR COMMERCIAL PUR-

22 POSES SHALL NOT RESULT IN THE ESTABLISHMENT OF AN UNZONED COMMER-

23 CIAL OR INDUSTRIAL AREA ON BOTH SIDES OF THE HIGHWAY. ALL MEA-

24 SUREMENTS SHALL BE FROM THE OUTER EDGE OF THE REGULARLY USED

25 BUILDING, PARKING LOT, OR STORAGE OR PROCESSING AREA OF THE COM-

26 MERCIAL OR INDUSTRIAL ACTIVITY AND NOT FROM THE PROPERTY LINES OF

27 THE ACTIVITIES AND SHALL BE ALONG OR PARALLEL TO THE EDGE OR

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1 PAVEMENT OF THE HIGHWAY. COMMERCIAL OR INDUSTRIAL PURPOSES ARE

2 THOSE ACTIVITIES GENERALLY RECOGNIZED AS COMMERCIAL OR INDUSTRIAL

3 BY ZONING AUTHORITIES EXCEPT THAT THE FOLLOWING ACTIVITIES ARE

4 NOT CONSIDERED COMMERCIAL OR INDUSTRIAL:

5 (i) AGRICULTURAL, FORESTRY, GRAZING, FARMING, AND RELATED

6 ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, WAYSIDE FRESH PRODUCE

7 STANDS.

8 (ii) TRANSIENT OR TEMPORARY ACTIVITIES.

9 (iii) ACTIVITIES NOT VISIBLE FROM THE MAIN-TRAVELED WAY.

10 (iv) ACTIVITIES CONDUCTED IN A BUILDING PRINCIPALLY USED AS

11 A RESIDENCE.

12 (v) RAILROAD TRACKS AND MINOR SIDINGS.

13 (vi) OUTDOOR ADVERTISING.

14 (vii) ACTIVITIES MORE THAT 660 FEET FROM THE MAIN-TRAVELED

15 WAY.

16 (Q) "VISIBLE" MEANS CAPABLE OF BEING SEEN BY A PERSON OF

17 NORMAL VISUAL ACUITY.

18 Sec. 3. To improve and enhance scenic beauty consistent

19 with the provision of section 131 of title 23 of the United

20 States code, as amended CODE, 23 U.S.C. 131, the legislature

21 finds it appropriate to regulate and control outdoor advertising

22 adjacent to the interstate highway, freeway, and primary

23 highway, SECONDARY HIGHWAY, MAJOR STREET, AND LOCAL ROADS systems

24 within this state. and that outdoor advertising is a legitimate

25 commercial use of private property, is an integral part of the

26 marketing function and an established segment of the economy of

27 this state.

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1 SEC. 4A. A SIGN SHALL NOT ADVERTISE AN ESTABLISHMENT,

2 PRODUCT, OR SERVICE THAT IS RESTRICTED TO PERSONS 18 YEARS OF AGE

3 OR OLDER, INCLUDING, BUT NOT LIMITED TO, THE PURCHASE OR CONSUMP-

4 TION OF ALCOHOLIC BEVERAGES OR TOBACCO PRODUCTS AFTER 1 YEAR FROM

5 THE EFFECTIVE DATE OF THIS SECTION. AS USED IN THIS SECTION:

6 (A) "ALCOHOLIC BEVERAGES" MEANS ANY SPIRITUOUS, VINOUS,

7 MALT, OR FERMENTED LIQUOR CONTAINING 1/2 OF 1% OR MORE OF ALCOHOL

8 BY VOLUME AND IS USED FOR BEVERAGE PURPOSES.

9 (B) "TOBACCO PRODUCT" MEANS ANY TOBACCO PRODUCT SOLD TO THE

10 GENERAL PUBLIC AND INCLUDES, BUT IS NOT LIMITED TO, CIGARETTES,

11 CIGARS, TOBACCO SNUFF, AND CHEWING TOBACCO.

12 Sec. 6. A sign THE owner OF A SIGN OTHER THAN A SIGN ON A

13 MOTORIST INFORMATION PANEL PROVIDED FOR IN SECTION 13A shall

14 apply for an annual permit on a form prescribed by the department

15 for each sign to be maintained or to be erected in an adjacent

16 area where the facing of the sign is visible from an interstate

17 highway, freeway, or primary highway. The owner shall apply for

18 the permit for such signs in existence on the effective date of

19 this act within 2 months after the effective date of this act.

20 All permits applied for within this period shall be effective

21 until June 30, 1973. The form shall require the ALL OF THE

22 FOLLOWING:

23 (A) THE name and business address of the applicant. ,

24 the

25 (B) THE name and address of those people who have an inter-

26 est in the property on which the sign is to be located. , the

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1 (C) THE date the sign, if currently maintained, was

2 erected. , the

3 (D) THE zoning classification of the property. , a

4 (E) A general description of where THE LOCATION OF the

5 sign. is or will be situated and a

6 (F) A certification that the sign is not prohibited

7 pursuant to subdivisions (a), (b), (c) or (d) of section 18 and

8 that the sign does violate any provisions of UNDER this act.

9 Sec. 7. (1) A permit fee OF $0.50 FOR EACH SQUARE FOOT OF

10 SIGN AREA is payable annually in advance, to be credited to the

11 state trunk line MICHIGAN HIGHWAY ADVERTISING fund CREATED IN

12 SECTION 7A. The fee is $5.00.

13 (2) Permits expire on June 30 of each year and permit fees

14 may not be prorated after the first year. An application for the

15 renewal of a permit AND THE RENEWAL FEE shall be filed with the

16 department before June 1 preceding the expiration date. A

17 RENEWAL FEE PAID AFTER JUNE 30 IS SUBJECT TO A PENALTY OF $50.00

18 FOR EACH DAY THE FEE IS DELINQUENT OR $1,000.00, WHICHEVER IS

19 LESS.

20 SEC. 7A. (1) THE MICHIGAN HIGHWAY ADVERTISING FUND IS CRE-

21 ATED WITHIN THE STATE TREASURY FOR THE PURPOSE OF ADMINISTERING

22 THIS ACT AND REMOVING SIGNS AS PROVIDED BY THIS ACT.

23 (2) THE FUND SHALL BE ADMINISTERED BY THE DEPARTMENT.

24 (3) THE STATE TREASURER SHALL CREDIT TO THE FUND ALL AMOUNTS

25 COLLECTED PURSUANT TO SECTION 7 AND AMOUNTS APPROPRIATED FROM

26 PUBLIC OR PRIVATE SOURCES CONSISTENT WITH THE PURPOSES OF THE

27 FUND.

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1 (4) THE STATE TREASURER SHALL DIRECT THE INVESTMENT OF THE

2 FUND AND ALL INTEREST AND EARNINGS FROM THE FUND SHALL BE CRED-

3 ITED TO THE FUND.

4 (5) MONEY IN THE FUND AT THE END OF THE FISCAL YEAR SHALL

5 NOT REVERT TO THE GENERAL FUND BUT BE CARRIED OVER IN THE FUND TO

6 THE NEXT AND SUCCEEDING FISCAL YEAR.

7 (6) THE DEPARTMENT SHALL RESERVE A SUFFICIENT AMOUNT OF

8 MONEY IN THE FUND TO REMOVE ANY SIGNS NOT REMOVED BY THE OWNER

9 PURSUANT TO SECTION 13(2).

10 Sec. 12. All persons holding permits A PERSON OBTAINING A

11 PERMIT under this act, at their own expense, shall place the

12 permit number on each THE sign facing erected or maintained by

13 them within 4 months 3 BUSINESS DAYS after receiving a THE

14 permit. for signs existing on the effective date of this act

15 and within 3 business days for all other signs. The numbers

16 shall be in Egyptian block type lettering and located on the

17 lower corner thereof OF THE SIGN FACING nearest the adjacent

18 highway.

19 Sec. 13. (1) A AFTER THE EFFECTIVE DATE OF THE AMENDATORY

20 ACT THAT ADDED SECTION 13A, A sign shall not be erected or main-

21 tained in an adjacent area where the facing of the sign is visi-

22 ble from an interstate highway, freeway, or primary highway THIS

23 STATE except FOR the following:

24 (a) Directional and A DIRECTIONAL OR other official

25 signs, including, but not limited to, signs pertaining to natu-

26 ral wonders, scenic and historical attractions, which are SIGN

27 THAT IS required or authorized by law , and which comply THAT

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1 COMPLIES with rules promulgated by the department relative to the

2 lighting, size, number, and spacing thereof OF THE SIGN.

3 (b) Signs A SIGN advertising the sale or lease of real

4 property upon which they are IT IS located.

5 (c) Signs A SIGN advertising activities conducted or main-

6 tained on the property on which they are IT IS located.

7 (d) Signs located in a business area or an unzoned commer-

8 cial and industrial area and which comply with sections 12, 15,

9 16, and 17 except that a sign not described in subdivision (a),

10 (b), or (c) shall not be erected or maintained beyond 660 feet of

11 the nearest edge of the right of way. A SIGN ON A MOTORIST

12 INFORMATION PANEL ERECTED PURSUANT TO SECTION 13A.

13 (E) A SIGN ERECTED OR MAINTAINED BY THE DEPARTMENT.

14 (2) A SIGN, OTHER THAN A SIGN DESCRIBED IN SUBSECTION (1)

15 (A), (B), (C), (D), OR (E), THAT WAS ERECTED BEFORE THE EFFECTIVE

16 DATE OF THE AMENDATORY ACT THAT ADDED SECTION 13A MAY CONTINUE TO

17 BE MAINTAINED FOR A PERIOD NOT LONGER THAN 5 YEARS FROM THE

18 EFFECTIVE DATE OF SECTION 13A. THE OWNER OF THE SIGN SHALL

19 REMOVE THE SIGN AT THE EXPIRATION OF THE 5-YEAR PERIOD ALLOWED

20 UNDER THIS SUBSECTION. THIS SUBSECTION SHALL NOT BE ENFORCED BY

21 THE DEPARTMENT IF THE IMPLEMENTATION OF THE SUBSECTION WOULD

22 RESULT IN THE LOSS OF FEDERAL TRANSPORTATION FUNDS.

23 (3) (2) If the department is authorized by law to designate

24 scenic areas EXCEPT WHEN AUTHORIZED BY LAW, THE STATE SHALL NOT

25 ERECT OR MAINTAIN A SIGN OR OTHERWISE ADVERTISE along an inter-

26 state highway, freeway, or primary highway. , outdoor

27 advertising signs shall not be erected or maintained within areas

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1 so designated unless located within a business area or an unzoned

2 commercial or industrial area where signs may be erected or main-

3 tained in compliance with this act.

4 SEC. 13A. (1) THE DEPARTMENT SHALL PROVIDE FOR THE ERECTION

5 AND MAINTENANCE OF MOTORIST INFORMATION PANELS IN THE RIGHT OF

6 WAY NEXT TO THE INTERSTATE HIGHWAYS, FREEWAYS, OR OTHER PRIMARY

7 HIGHWAYS THAT PERTAIN TO SITES OF SCENIC VALUES, SAFETY, AND THE

8 NEEDS OF TRAVELERS FOR INFORMATION. THE ERECTION AND MAINTENANCE

9 OF MOTORIST INFORMATION PANELS SHALL CONFORM TO ALL FEDERAL AND

10 STATE REGULATIONS, AND THE RULES PROMULGATED BY THE DEPARTMENT

11 PURSUANT TO THIS SECTION.

12 (2) THE DEPARTMENT MAY LEASE TO AN APPLICANT WHO HAS AN

13 ESTABLISHMENT THAT OFFERS GOODS, SERVICES, FACILITIES, EVENTS, OR

14 ATTRACTIONS A SIGN ON A SPECIFIC MOTORIST INFORMATION PANEL WHICH

15 IS LOCATED ON BOTH SIDES OF AN INTERSTATE HIGHWAY, FREEWAY, OR

16 OTHER PRIMARY HIGHWAY WITHIN 10 MILES OF THE ADVERTISED

17 ESTABLISHMENT. AN APPLICANT IS NOT ELIGIBLE TO LEASE SPACE ON A

18 SPECIFIC MOTORIST INFORMATION PANEL IF THE PERSON HAS A SIGN,

19 OTHER THAN A SIGN DESCRIBED IN SECTION 13(1)(B) OR (C), THAT IS

20 VISIBLE FROM THE SAME HIGHWAY FACING IN THE SAME DIRECTION AS THE

21 PROPOSED SIGN. THE DEPARTMENT SHALL ATTEMPT TO MAKE AVAILABLE

22 ENOUGH SPACE ON THE MOTORIST INFORMATION PANELS TO MEET THE NEEDS

23 OF THIS SUBSECTION.

24 (3) IF SPACE IS AVAILABLE, THE DEPARTMENT MAY LEASE TO AN

25 APPLICANT WHO HAS AN ESTABLISHMENT THAT OFFERS GOODS, SERVICES,

26 FACILITIES, EVENTS, OR ATTRACTIONS A SIGN ON A SPECIFIC MOTORIST

27 INFORMATION PANEL WHICH IS LOCATED ON BOTH SIDES OF AN INTERSTATE

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1 HIGHWAY, FREEWAY, OR OTHER PRIMARY HIGHWAY THAT IS MORE THAN 10

2 MILES FROM THE ADVERTISED ESTABLISHMENT. AN APPLICANT IS NOT

3 ELIGIBLE TO LEASE SPACE ON A SPECIFIC MOTORIST INFORMATION PANEL

4 IF THE PERSON HAS A SIGN, OTHER THAN A SIGN DESCRIBED IN

5 SECTION 13(1) (B) OR (C), THAT IS VISIBLE FROM THE SAME HIGHWAY

6 FACING IN THE SAME DIRECTION AS THE PROPOSED SIGN.

7 (4) THE DEPARTMENT SHALL NOT ENTER INTO A LEASE PURSUANT TO

8 THIS SECTION FOR MORE THAN 1 YEAR AT A TIME. AN ESTABLISHMENT

9 HAVING LEASED THE RIGHT TO MAINTAIN A SIGN ON A MOTORIST INFORMA-

10 TION PANEL SHALL HAVE AN OPPORTUNITY TO RE-LEASE THE SAME RIGHT

11 BEFORE THE RIGHT IS OFFERED TO OR LEASED TO ANOTHER

12 ESTABLISHMENT. THE SIGN SHALL BE REMOVED IF THE LEASE IS NOT

13 RENEWED. THE DEPARTMENT SHALL SET RENTAL CHARGES FOR SPACE ON

14 MOTORIST INFORMATION PANELS AT AN AMOUNT THAT IS SUFFICIENT TO

15 COVER THE COST OF THE ESTABLISHMENT, MAINTENANCE, AND ADMINISTRA-

16 TION OF MOTORIST INFORMATION PANELS AND THE ADMINISTRATION OF

17 THIS ACT.

18 (5) THE DEPARTMENT SHALL PROMULGATE RULES PURSUANT TO THE

19 ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO

20 24.328, PROVIDING FOR THE ERECTION, MAINTENANCE, AND LEASING OF

21 MOTORIST INFORMATION PANELS TO PROMOTE THE REASONABLE, ORDERLY,

22 AND EFFECTIVE FURNISHING OF INFORMATION TO TRAVELERS CONSISTENT

23 WITH PUBLIC SAFETY. THE RULES SHALL DO ALL OF THE FOLLOWING:

24 (A) REGULATE THE SIZE AND SHAPE OF THE MOTORIST INFORMATION

25 PANELS AND THE SIZE, SHAPE, AND PLACEMENT OF SIGNS ON A MOTORIST

26 INFORMATION PANEL.

01960'97
18

1 (B) LIMIT THE CONTENT OF THE SIGNS TO ASSURE THAT THE

2 PRIMARY FUNCTION OF EACH IS TO DIRECT TRAVELERS TO GOODS,

3 SERVICES, FACILITIES, EVENTS, OR ATTRACTIONS WHILE PROVIDING FOR

4 THE INCLUSION OF PRODUCT NAME IDENTIFICATION AND LOGOS.

5 (C) DEFINE ELIGIBLE APPLICANTS FOR INFORMATION PANELS CON-

6 SISTENT WITH THIS ACT.

7 (D) DESCRIBE THE SPECIFIC PROCEDURES TO BE FOLLOWED IN CON-

8 TRACTING WITH QUALIFIED BUSINESSES OR ORGANIZATIONS, INCLUDING

9 CONDITIONS FOR TERMINATION OF CONTRACTS FOR FAILURE TO PERFORM

10 PURSUANT TO THE CONDITIONS OF THE CONTRACT.

11 (E) DESCRIBE PROCEDURES FOR LEASES AND LEASE RENEWALS.

12 (F) PROVIDE FOR ANY OTHER RULE AS MAY BE NECESSARY TO CARRY

13 OUT THIS SECTION.

14 SEC. 13B. A LOCAL UNIT OF GOVERNMENT MAY ALLOW THE ERECTING

15 AND MAINTAINING OF MOTORIST INFORMATION PANELS NEXT TO COUNTY

16 PRIMARY AND SECONDARY HIGHWAYS, MAJOR STREETS, AND LOCAL ROADS

17 THAT PERTAIN TO SITES OF SCENIC VALUES, SAFETY, AND THE NEEDS OF

18 TRAVELERS FOR INFORMATION. SIGNS ERECTED AND MAINTAINED ON

19 COUNTY PRIMARY AND SECONDARY HIGHWAYS SHALL BE DONE IN COOPERA-

20 TION WITH THE COUNTY ROAD COMMISSION.

21 SEC. 17A. (1) A PERSON OWNING, LEASING, OR MAINTAINING A

22 SIGN SHALL NOT CAUSE, DIRECTLY OR INDIRECTLY, THE DESTRUCTION,

23 MUTILATION, REMOVAL, CUTTING, BREAKING, OR INJURY OF A TREE,

24 SHRUB, OR PLANT TO IMPROVE THE VISIBILITY OF THE SIGN UNLESS OTH-

25 ERWISE AUTHORIZED BY LAW.

26 (2) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A

27 MISDEMEANOR.

01960'97
19

1 SEC. 19A. IN ADDITION TO THE REMOVAL OF SIGNS AND SIGN

2 STRUCTURES UNDER SECTION 13 OR 19, AT ITS DISCRETION, THE DEPART-

3 MENT MAY, UPON PAYMENT OF JUST COMPENSATION, REQUIRE THE REMOVAL

4 OF ANY SIGN OR SIGN STRUCTURE.

5 Sec. 21. (1) A person who erects, or maintains, any OR

6 FAILS TO REMOVE A sign or sign structure or other object for out-

7 door advertising subject to the provisions of this act without

8 complying with this act is liable for a penalty of not less than

9 $100.00 $1,000.00 nor more than $1,000.00 $50,000.00 for each

10 violation which shall be paid into the state trunk line

11 MICHIGAN HIGHWAY ADVERTISING fund. Penalties shall be sued for,

12 by and in the name of the department and shall be recoverable

13 with the reasonable costs thereof in the district or cir-

14 cuit court in FOR the county where IN WHICH the person main-

15 tains his OR HER principal place of business or in FOR the

16 county where IN WHICH the signs NONCOMPLYING SIGN IS erected

17 or maintained. without complying with this act are located.

18 (2) A person who falsely misrepresents information submitted

19 in a permit form pursuant to section 6 is guilty of a

20 misdemeanor. A sign erected or maintained under a permit falsely

21 secured in such a manner shall be deemed IS CONSIDERED to be

22 abandoned and is not eligible for removal MAY BE REMOVED

23 WITHOUT compensation.

24 Sec. 22. (1) Just EXCEPT AS PROVIDED IN SECTION 13(2),

25 JUST compensation shall be paid from the state trunkline

26 HIGHWAY ADVERTISING fund upon the removal by or in behalf of the

27 department of any sign or sign structure lawfully in existence

01960'97
20

1 on the effective date of this act but which does not comply with

2 the requirements of sections 13(1)(d), 15, 16 and 17 and any

3 LAWFULLY ERECTED sign or sign structure lawfully erected after

4 effective date of this act but which thereafter THAT becomes

5 unlawful because of a change in the designation of the highway or

6 in the zoning of the area in which it is located, OR ANY SIGN OR

7 SIGN STRUCTURE THAT THE DEPARTMENT REQUIRES TO BE REMOVED PURSU-

8 ANT TO SECTION 19A.

9 (2) Each removal constitutes a taking and appropriation by

10 the state of the following:

11 (a) From the owner of the sign or sign structure, all right,

12 title and interest in and to the same, and his leasehold related

13 thereto.

14 (b) From the owner of the real property on which the sign or

15 sign structure is located immediately prior to its removal, the

16 right to erect and maintain signs thereon, other than those

17 described in section 13(1)(a), (b), and (c).

18 (2) (3) The compensation to be paid pursuant to this sec-

19 tion shall be paid to the persons entitled thereto TO THE

20 COMPENSATION upon presentation to the department of such ANY

21 information as it THE DEPARTMENT may reasonably require.

22 (3) AS USED IN THIS SECTION "JUST COMPENSATION" MEANS AN

23 AMOUNT EQUAL TO TWICE THE STATE EQUALIZED VALUE OF THE SIGN TO BE

24 REMOVED.

25 Enacting section 1. Section 14 of the highway advertising

26 act of 1972, 1972 PA 106, MCL 252.314, is repealed.

01960'97 Final page. JCB