HOUSE BILL No. 6380


     September 24, 2002, Introduced by Reps. Gilbert, Meyer and Hager and referred to the Committee on Transportation.


        A bill to amend 1972 PA 106, entitled

   "Highway advertising act of 1972,"

   by amending sections 2, 3, 4, 5, 6, 7, 15, 17, 18a, and 19

   (MCL 252.302, 252.303, 252.304, 252.305, 252.306, 252.307,

   252.315, 252.317, 252.318a, and 252.319), sections 2, 3, 4, 5, 6,

   7, 15, 17, and 19 as amended by 1998 PA 533 and section 18a as

   added by 1998 PA 464.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 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

 6
        industrial, "m" or manufacturing, and "s" or service, and all

 7
        other similar classifications and which is within a city,


   07997'02                                                 MRM                                   2

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        village, or charter township or is within 1 mile of the corporate

 2
        limits of a city, village, or charter township or is beyond 1

 3
        mile of the corporate limits of a city, village, or charter town-

 4
        ship and contains 1 or more permanent structures devoted to the

 5
        industrial or commercial purposes described in this subdivision

 6
        and which extends along the highway a distance of 800 feet beyond

 7
        each edge of the activity.  Each side of the highway is consid-

 8
        ered separately in applying this definition except where it is

 9
        not topographically feasible for a sign or sign structure to be

10
        erected or maintained on the same side of the highway as the per-

11
        manent structure devoted to industrial or commercial purposes, a

12
        business area may be established on the opposite side of a pri-

13
        mary highway in an area zoned commercial or industrial or in an

14
        unzoned area with the approval of the state highway commission.

15
        A permanent structure devoted to industrial or commercial pur-

16
        poses does not result in the establishment of a business area on

17
        both sides of the highway.  All measurements shall be from the

18
        outer edge of the regularly used building, parking lot or storage

19
        or processing area of the commercial or industrial activity and

20
        not from the property lines of the activities and shall be along

21
        or parallel to the edge or pavement of the highway.  Commercial

22
        or industrial purposes are those activities generally restricted

23
        to commercial or industrial zones in jurisdictions that have

24
        zoning.  In addition, the following activities shall not be con-

25
        sidered commercial or industrial:







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 1
             (i) Agricultural, animal husbandry, forestry, grazing,

 2
        farming, and related activities, including, but not limited to,

 3
        wayside fresh produce stands.

 4
             (ii) Transient or temporary activities.

 5
             (iii) Activities not visible from the main-traveled way.

 6
             (iv) Activities conducted in a building principally used as

 7
        a residence, or in a building located on property that is used

 8
        principally for residential purposes or for activities recited in

 9
        subparagraph (i).

10
             (v) Railroad tracks and minor sidings.

11
             (vi) Outdoor advertising.

12
             (vii) Activities more than 660 feet from the main-traveled

13
        way.

14
             (viii) Activities that have not been in continuous operation

15
        of a business or commercial nature for at least 2 years.

16
             (ix) Public utility facilities, whether regularly staffed or

17
        not.

18
             (x) Structures associated with on-site outdoor recreational

19
        activities such as riding stables, golf course shops, and camp-

20
        ground offices.

21
             (xi) Activities conducted in a structure for which an occu-

22
        pancy permit has not been issued or which is not a fully enclosed

23
        building, having all necessary utility service and sanitary

24
        facilities required for its intended commercial or industrial

25
        use.

26
             (xii) A storage facility for a business or other activity

27
        not located on the same property, except a storage building



   07997'02                                   4

 1
        having at least 10 separate units that are available to be rented

 2
        by the public.

 3
             (b) "Unzoned commercial or industrial area" means an area

 4
        which is within an adjacent area, which is not zoned by state or

 5
        local law, regulation or ordinance, which contains 1 or more per-

 6
        manent structures devoted to the industrial or commercial pur-

 7
        poses described in subdivision (a), and which extends along the

 8
        highway a distance of 800 feet beyond each edge of the activity.

 9
        Each side of the highway is considered separately in applying

10
        this definition except where it is not topographically feasible

11
        for a sign or sign structure to be erected or maintained on the

12
        same side of the highway as the permanent structure devoted to

13
        industrial or commercial purposes, an unzoned commercial or

14
        industrial area may be established on the opposite side of a pri-

15
        mary highway in an area zoned commercial or industrial or in an

16
        unzoned area with the approval of the state highway commission.

17
        A permanent structure devoted to industrial or commercial pur-

18
        poses does not result in the establishment of an unzoned commer-

19
        cial or industrial area on both sides of the highway.  All mea-

20
        surements shall be from the outer edge of the regularly used

21
        building, parking lot or storage or processing area of the com-

22
        mercial or industrial activity and not from the property lines of

23
        the activities and shall be along or parallel to the edge or

24
        pavement of the highway.  Commercial or industrial purposes are

25
        those activities generally restricted to commercial or industrial

26
        zones in jurisdictions that have zoning.  In addition, the





   07997'02                                   5

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        following activities shall not be considered commercial or

 2
        industrial:

 3
             (i) Agricultural, animal husbandry, forestry, grazing, farm-

 4
        ing and related activities, including, but not limited to, way-

 5
        side fresh produce stands.

 6
             (ii) Transient or temporary activities.

 7
             (iii) Activities not visible from the main-traveled way.

 8
             (iv) Activities conducted in a building principally used as

 9
        a residence, or in a building located on property that is used

10
        principally for residential purposes or for activities recited in

11
        subparagraph (i).

12
             (v) Railroad tracks and minor sidings.

13
             (vi) Outdoor advertising.

14
             (vii) Activities more than 660 feet from the main-traveled

15
        way.

16
             (viii) Activities that have not been in continuous operation

17
        of a business or commercial nature for at least 2 years.

18
             (ix) Public utility facilities, whether regularly staffed or

19
        not.

20
             (x) Structures associated with on-site outdoor recreational

21
        activities such as riding stables, golf course shops, and camp-

22
        ground offices.

23
             (xi) Activities conducted in a structure for which an occu-

24
        pancy permit has not been issued or which is not a fully enclosed

25
        building, having all necessary utility service and sanitary

26
        facilities required for its intended commercial or industrial

27
        use.



   07997'02                                   6

 1
             (xii) A storage facility for a business or other activity

 2
        not located on the same property, except a storage building

 3
        having at least 10 separate units that are available to be rented

 4
        by the public.

 5
             (c) "Erect" means to construct, build, raise, assemble,

 6
        place, affix, attach, create, paint, draw, or in any other way

 7
        bring into being or establish.

 8
             (d) "Interstate highway" means a highway officially desig-

 9
        nated as a part of the national system of interstate and defense

10
        highways by the department and approved by the appropriate

11
        authority of the federal government.

12
             (e) "Freeway" means a divided highway of not less than 2

13
        lanes in each direction to which owners or occupants of abutting

14
        property or the public do not have a right of ingress or egress

15
        to, from or across the highway, except at points determined by or

16
        as otherwise provided by the authorities responsible  therefor

17
        FOR THE HIGHWAY.

18
             (f) "Primary highway" means a highway, other than an inter-

19
        state highway or freeway, officially designated as a part of the

20
        primary system as defined in section 131 of title 23 of the

21
        United States Code, 23 U.S.C. 131, by the department and approved

22
        by the appropriate authority of the federal government.

23
             (g) "Main-traveled way" means the traveled way of a highway

24
        on which through traffic is carried.  The traveled way of each of

25
        the separate roadways for traffic in opposite directions is a

26
        main-traveled way of a divided highway.  It does not include

27
        facilities as frontage roads, turning roadways or parking areas.



   07997'02                                   7

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

 2
        painting, drawing, message, placard, poster, billboard, or other

 3
        thing, whether placed individually or on a T-type, V-type, back

 4
        to back or double-faced display, designed, intended or used to

 5
        advertise or inform.

 6
             (i) "Sign structure" means the assembled components which

 7
        make up an outdoor advertising display, including but not limited

 8
        to uprights, supports, facings and trim.  Such sign structure may

 9
        contain 1 or 2 signs per facing and may be double-faced, back to

10
        back, T-type or V-type.

11
             (j) "Visible" means a sign that has a message that is

12
        capable of being seen and read by a person of normal visual

13
        acuity when traveling in a motor vehicle.

14
             (k) "Location" means a place where there is located a

15
        single, double-faced, back to back, T-type, or V-type sign

16
        structure.

17
             (l) "Maintain" means to allow to exist and includes the

18
        periodic changing of advertising messages, customary maintenance

19
        and repair of signs and sign structures.

20
             (m) "Abandoned sign or sign structure" means a sign or sign

21
        structure subject to the provisions of this act, the owner of

22
        which has failed to secure a permit, has failed to identify the

23
        sign or sign structure or has failed to respond to notice.

24
             (n) "Department" means the state transportation department.

25
             (o) "Adjacent area" means the area measured from the nearest

26
        edge of the right of way of an interstate highway, freeway, or





   07997'02                                   8

 1
        primary highway and extending 3,000 feet perpendicularly and then

 2
        along a line parallel to the right-of-way line.

 3
             (p) "Person" means any individual, partnership, private

 4
        association, or corporation, state, county, city, village, town-

 5
        ship, charter township, or other public or municipal association

 6
        or corporation.

 7
             (q) "On-premises sign" means a sign advertising activities

 8
        conducted or maintained on the property on which it is located.

 9
        The boundary of the property shall be as determined by tax rolls,

10
        deed registrations, and apparent land use delineations.  When a

11
        sign consists principally of brand name or trade name advertising

12
        and the product or service advertised is only incidental to the

13
        principal activity, or if it brings rental income to the property

14
        owner or sign owner, it shall be considered the business of out-

15
        door advertising and not an on-premises sign.  Signs on narrow

16
        strips of land contiguous to the advertised activity, or signs on

17
        easements on adjacent property, when the purpose is clearly to

18
        circumvent the intent of this act, shall not be considered

19
        on-premises signs.

20
             (R) "BILLBOARD" MEANS A SIGN SEPARATE FROM A PREMISES

21
        ERECTED FOR THE PURPOSE OF ADVERTISING A PRODUCT, EVENT, PERSON,

22
        OR SUBJECT NOT RELATED TO THE PREMISES ON WHICH THE SIGN IS

23
        LOCATED.  OFF-PREMISES DIRECTIONAL SIGNS AS PERMITTED IN THIS ACT

24
        ARE NOT CONSIDERED BILLBOARDS FOR THE PURPOSE OF THIS SECTION.

25
             (S) "BULLETIN" MEANS A BILLBOARD WITH A FACING OF 14 FEET BY

26
        48 FEET.





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 1
             (T) "POSTER" MEANS A BILLBOARD WITH A FACING OF 12 FEET BY

 2
        25 FEET.

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

 4
        COUNTY PRIMARY ROAD.

 5
             (V) "TOBACCO PRODUCT" MEANS ANY TOBACCO PRODUCT SOLD TO THE

 6
        GENERAL PUBLIC AND INCLUDES, BUT IS NOT LIMITED TO, CIGARETTES,

 7
        CIGARS, TOBACCO SNUFF, AND CHEWING TOBACCO.

 8
             Sec. 3.  To improve and enhance scenic beauty consistent

 9
        with section 131 of title 23 of the United States Code, 23

10
        U.S.C. 131, AND TO LIMIT AND REDUCE THE ILLEGAL POSSESSION AND

11
        USE OF TOBACCO BY MINORS, the legislature finds it appropriate to

12
        regulate and control outdoor advertising  and outdoor advertising

13
        as it pertains to tobacco  adjacent to  the interstate highway,

14
        freeway, and primary highway systems, and outdoor advertising as

15
        it pertains to tobacco on secondary highway, major street, and

16
        local  STREETS, roads, HIGHWAYS, AND FREEWAYS within this state

17
        and that outdoor advertising is a legitimate accessory commercial

18
        use of private property, is an integral part of the marketing

19
        function and an established segment of the economy of this

20
        state.   In addition, the legislature finds it appropriate to

21
        protect minors from exposure to advertising that encourages them

22
        to illegally possess tobacco.

23
             Sec. 4.  This act regulates and controls the size, lighting,

24
        and spacing of signs and sign structures in adjacent areas and

25
        occupies the whole field of that regulation and control except

26
        for the following:





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 1
             (a) A city, village, township, or charter township may enact

 2
        ordinances to regulate and control the size, lighting, and

 3
        spacing of signs and sign structures, but  the ordinances  shall

 4
        not permit a sign or sign structure that is otherwise prohibited

 5
        by this act or require or cause the removal of lawfully erected

 6
        signs or sign structures subject to this act without the payment

 7
        of just compensation.  THE ORDINANCES SHALL PERMIT POSTERS VISI-

 8
        BLE FROM PRIMARY HIGHWAYS AND SECONDARY HIGHWAYS AND BULLETINS

 9
        VISIBLE FROM FREEWAYS AND INTERSTATE HIGHWAYS. A sign owner shall

10
        apply for an annual permit pursuant to section 6 for each sign to

11
        be maintained or to be erected within that city, village, charter

12
        township, or township.  A sign erected or maintained within that

13
        city, village, township, or charter township shall also comply

14
        with all applicable provisions of this act.

15
             (b) A city, village, charter township, or township vested by

16
        law with authority to enact zoning codes has full authority under

17
        its own zoning codes or ordinances to establish commercial or

18
        industrial areas and the actions of a city, village, charter

19
        township, or township in so doing shall be accepted for the pur-

20
        poses of this act.  However, except as provided in

21
        subdivision (a), zoning which is not part of a comprehensive

22
        zoning plan and is taken primarily to permit outdoor advertising

23
        structures shall not be accepted for purposes of this act.  A

24
        zone in which limited commercial or industrial activities are

25
        permitted as incidental to other primary land uses is not a com-

26
        mercial or industrial zone for outdoor advertising control

27
        purposes.



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             (c) An ordinance or code of a city, village, township, or

 2
        charter township that existed on March 31, 1972 and that prohib-

 3
        its signs or sign structures is not made void by this act.

 4
             (d) A county, on its own initiative or at the request of a

 5
        city, village, township, or charter township within that county,

 6
        may prepare a model ordinance as described in subdivision (a).  A

 7
        city, village, township, or charter township within that county

 8
        may adopt the model ordinance.

 9
             Sec. 5.  A person shall not engage or continue to engage in

10
        outdoor advertising through the erection, use or maintenance of

11
        any signs in an adjacent area where the facing of the sign is

12
        visible from an interstate highway, freeway, or primary highway,

13
        except as provided in this act.  A sign having a  facing  MESSAGE

14
        THAT IS visible from more than 1 state highway or other public

15
        road shall comply with the requirements  for outdoor advertising

16
        OF THIS ACT for each state highway and each public road from

17
        which it is visible.

18
             Sec. 6.  A sign owner shall apply for an annual permit on a

19
        form prescribed by the department for each sign to be maintained

20
        or to be erected in an adjacent area where the  facing  MESSAGE

21
        of the sign is visible from an interstate highway, freeway, or

22
        primary highway.   A sign owner shall apply  WHEN AN APPLICATION

23
        for a  separate  sign permit  for each sign for each highway

24
        subject to this act from which the facing of the sign  is

25
         visible.  The owner shall apply for the permit for such signs

26
        which become subject to  REQUIRED UNDER this act because of a

27
        change in highway designation or other reason not within the



   07997'02                                  12

 1
        control of the sign owner, THE SIGN OWNER SHALL APPLY FOR THE

 2
        PERMIT within 2 months after the DATE THE sign becomes  subject

 3
        to this act  VISIBLE FROM AN INTERSTATE HIGHWAY, FREEWAY, OR PRI-

 4
        MARY HIGHWAY.  The SIGN PERMIT APPLICATION form shall require the

 5
        name and business address of the applicant, the name and address

 6
        of the owner of the property on which the sign is to be located,

 7
        the date the sign, if currently maintained, was erected, the

 8
        zoning classification of the property, a precise description of

 9
        where the sign is or will be situated and a certification that

10
        the sign is not prohibited by section 18(a), (b), (c), or (d) and

11
        that the sign does not violate any provisions of this act.  The

12
        sign permit application shall include a statement signed by the

13
        owner of the land on which the sign is to be placed, acknowledg-

14
        ing that no trees or shrubs in the adjacent highway right-of-way

15
        may be removed, trimmed, or in any way damaged or destroyed with-

16
        out the written authorization of the department.  The department

17
        may require documentation to verify the zoning, the consent of

18
        the land owner, and any other matter considered essential to the

19
        evaluation of the compliance with this act.

20
             Sec. 7.  (1) A permit fee is payable annually in advance, to

21
        be credited to the state trunk line fund.  The fee is $100.00 for

22
        the first year except that signs in existence prior to a

23
        highway's change in designation or jurisdiction which would

24
        require signs to be permitted shall only be required to pay the

25
        permit renewal amount as provided in subsection (2).  The depart-

26
        ment shall establish an annual expiration date for each permit

27
        and may change the expiration date of existing permits to spread



   07997'02                                  13

 1
        the permit renewal activity over the year.  Permit fees may be

 2
        prorated the first year.  An application for the renewal of a

 3
        permit shall be filed with the department at least 30 days before

 4
        the expiration date.

 5
             (2) For signs  greater than 8 square feet and  up to and

 6
        including 300 square feet, the annual permit renewal fee is

 7
        $25.00.  For signs greater than 300 square feet, the annual

 8
        permit renewal fee is $40.00.  Signs of the service club and

 9
        religious category as defined in rules promulgated by the depart-

10
        ment are not subject to an annual  renewal  fee.

11
             Sec. 15.  (1) All signs erected or maintained in business

12
        areas or unzoned commercial and industrial areas shall comply

13
        with the following size requirements and limitations:

14
             (a) In counties of less than 425,000 population, signs shall

15
        not exceed 1,200 square feet in area, including border or trim

16
        but excluding ornamental base or apron, supports and other struc-

17
        tural members.

18
             (b) In counties having a population of 425,000 or more,

19
        signs of a size exceeding 1,200 square feet in area but not in

20
        excess of 6,500 square feet in area, including border or trim but

21
        excluding ornamental base or apron, supports and other structural

22
        members, shall be permitted if the department determines that the

23
        signs are in accord with customary usage in the area where the

24
        sign is located.

25
             (c) For signs erected after  the effective date of the amen-

26
        datory act that added this subdivision  MARCH 23, 1999, signs on

27
        a sign structure shall not be stacked 1 on top of another.  For



   07997'02                                  14

 1
        signs erected  prior to the effective date of the amendatory act

 2
        that added this subdivision  BEFORE MARCH 23, 1999, the sign or

 3
        sign structure shall not be modified to provide a sign or sign

 4
        structure that is stacked 1 on top of another.

 5
             (2) Maximum size limitations shall apply to each side of a

 6
        sign structure.  Signs may be placed back to back, side by side

 7
        or in V-type or T-type construction, with not more than 2 sign

 8
        displays to each side.  Any such sign structure shall be consid-

 9
        ered as 1 sign for the purposes of this section.

10
             Sec. 17.  (1) Along interstate highways and freeways, a sign

11
        structure located in a business area or unzoned commercial or

12
        industrial area shall not be erected closer than 1,000 feet to

13
        another sign structure on the same side of the highway.

14
             (2) Along primary highways,  within the limits of an incor-

15
        porated municipality  a sign structure LOCATED IN A BUSINESS AREA

16
        OR UNZONED COMMERCIAL OR INDUSTRIAL AREA shall not be ERECTED

17
        closer than 500 feet to another sign structure ON THE SAME SIDE

18
        OF THE HIGHWAY.

19
              (3) Along primary highways in areas outside of the limits

20
        of an incorporated municipality a sign structure shall not be

21
        closer than 500 feet to another sign structure.

22
             (3)  (4)  The provisions of this section do not apply to

23
        signs separated by a building or other visual obstruction in such

24
        a manner that only 1 sign located within the spacing distances is

25
        visible from the highway at any time, provided that the building

26
        or other visual obstruction has not been created for the purpose

27
        of visually obstructing either of the signs at issue.



   07997'02                                  15

 1
             (4)  (5)  Along interstate highways and freeways located

 2
        outside of incorporated municipalities, a sign structure shall

 3
        not be permitted adjacent to or within 500 feet of an inter-

 4
        change, an intersection at grade or a safety roadside rest area.

 5
        The 500 feet shall be measured from the point of beginning or

 6
        ending of pavement widening at the exit from, or entrance to, the

 7
        main-traveled way.

 8
             (5)  (6)  Official signs as described in section 13(1)(a)

 9
        and on-premises signs shall not be counted nor shall measurements

10
        be made from them for purposes of determining compliance with the

11
        spacing requirements provided in this section.

12
             (6)  (7)  The spacing requirements provided in this section

13
        apply separately to each side of the highway.

14
             (7)  (8)  The spacing requirements provided in this section

15
        shall be measured along the nearest edge of the pavement of the

16
        highway between points directly opposite each sign.

17
             (8)  (9)  A sign that was erected in compliance with the

18
        spacing requirements of this section that were in effect at the

19
        time when the sign was erected, but which does not comply with

20
        the spacing requirements of this section  as modified by the

21
        amendatory act that added this subsection  AFTER MARCH 23, 1999,

22
        shall not be considered unlawful as that term is used in section

23
        22.

24
             Sec. 18a.  (1) Notwithstanding any other provision of this

25
        act, beginning January 1, 2000, ALL BILLBOARDS WITHIN THIS STATE

26
        ARE SUBJECT TO THIS ACT AND a billboard shall not advertise the

27
        purchase or consumption of tobacco products.



   07997'02                                  16

 1
             (2) Notwithstanding any other provision of this act, a

 2
        person who violates this section is responsible for a civil fine

 3
        of not less than $5,000.00 or more than $10,000.00 for each day

 4
        of violation.  A civil fine collected under this section shall be

 5
        distributed to public libraries as provided under 1964 PA 59, MCL

 6
        397.31 to 397.40.

 7
              (3) As used in this section:

 8
             (a) "Billboard" means a sign separate from a premises

 9
        erected for the purpose of advertising a product, event, person,

10
        or subject not related to the premises on which the sign is

11
        located.  Off-premises directional signs as permitted in this act

12
        shall not be considered billboards for the purpose of this

13
        section.

14
             (b) "Freeway" means a divided highway of not less than 2

15
        lanes in each direction to which owners or occupants of abutting

16
        property or the public do not have a right of ingress or egress

17
        to, from, or across the highway, except at points determined by

18
        or as otherwise provided by the authorities responsible for the

19
        highway.

20
             (c) "Interstate highway" means a highway officially desig-

21
        nated as a part of the national system of interstate and defense

22
        highways by the department and approved by the appropriate

23
        authority of the federal government.

24
             (d) "Main-traveled way" means the traveled way of a highway

25
        on which through traffic is carried.  The traveled way of each of

26
        the separate roadways for traffic in opposite directions is a

27
        main-traveled way of a divided highway.  It does not include



   07997'02                                  17

 1
        facilities as frontage roads, turning roadways, or parking

 2
        areas.

 3
             (e) "Primary highway" means a highway, other than an inter-

 4
        state highway or freeway, officially designated as a part of the

 5
        primary system as defined in section 131 of title 23 of the

 6
        United States code, 23 U.S.C. 131, by the department and approved

 7
        by the appropriate authority of the federal government.

 8
             (f) "Secondary highway" means a state secondary road or

 9
        county primary road.

10
             (g) "Tobacco product" means any tobacco product sold to the

11
        general public and includes, but is not limited to, cigarettes,

12
        cigars, tobacco snuff, and chewing tobacco.

13
             Sec. 19.  (1) Signs and their supporting structures erected

14
        or maintained in violation of this act may be removed by the

15
        department in the manner prescribed in this section.

16
             (2) There shall be mailed to the owner of the sign by certi-

17
        fied mail a notice that the sign or its supporting sign structure

18
        violates stated specified provisions of this act and is subject

19
        to removal.  If the owner's address cannot be determined, a

20
        notice shall be posted on the sign.  The posted notice shall be

21
        written on red waterproof paper stock of a size not less than

22
        8-1/2 inches by 11 inches.  The notice shall be posted in the

23
        area designated by section 12 for the placing of permit numbers,

24
        in a manner so that it is visible from the highway faced by the

25
        sign or sign structure.

26
             (3) If the sign or sign structure is not removed or brought

27
        into compliance with this act within 60 days following the date



   07997'02                                  18

 1
        of posting or mailing of written notice or within such further

 2
        time as the department may allow in writing the sign or sign

 3
        structure shall be considered to be abandoned.

 4
             (4) The department shall conduct a hearing pursuant to the

 5
        administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 6
        24.328, at which it shall confirm that the sign is abandoned,

 7
        that due process has been observed, and that the sign may be

 8
        removed by the department without payment of compensation and at

 9
        the expense of the owner.  Signs or sign structures considered

10
        abandoned, and any other sign or sign structure erected or main-

11
        tained in violation of this act that is not eligible for removal

12
        compensation as provided in section 22, shall be removed by the

13
        department forthwith or upon the expiration of such further time

14
        as the department allows.  The department may recover as a pen-

15
        alty from the owner of the sign or sign structure, or if he OR

16
        SHE cannot be found, the owner of the real property upon which

17
        the sign or sign structure is located, double the cost of removal

18
        or $50.00, whichever is greater.

19
             (5) The department, its agents and employees, and any person

20
        acting under the authority of, or by contract with the depart-

21
        ment, may enter upon private property without liability for so

22
        doing in connection with the posting or the removal of any sign

23
        or sign structure pursuant to this act.

24
             (6) The department may contract on a negotiated basis with-

25
        out competitive bidding with a permittee under this act for the

26
        removal of any sign or sign structure pursuant to this act.





   07997'02                                  19

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             (7) A SIGN OR SIGN STRUCTURE THAT IS ERECTED OR MAINTAINED

 2
        IN VIOLATION OF THIS ACT IS A NUISANCE PER SE.  THE DEPARTMENT

 3
        MAY APPLY TO THE CIRCUIT COURT IN THE COUNTY IN WHICH A SIGN IS

 4
        LOCATED FOR AN ORDER TO SHOW CAUSE WHY THE USE OF A SIGN ERECTED

 5
        AND MAINTAINED IN VIOLATION OF THIS ACT SHOULD NOT BE ENJOINED

 6
        PENDING ITS REMOVAL IN ACCORDANCE WITH THIS SECTION.  THE DEPART-

 7
        MENT MAY APPLY FOR AN ORDER TO SHOW CAUSE BEFORE OR AFTER A HEAR-

 8
        ING IS CONDUCTED.








































   07997'02          Final page.                            MRM