November 9, 2005, Introduced by Senators VAN WOERKOM, KUIPERS, HARDIMAN, GOSCHKA, ALLEN and McMANUS and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 676a (MCL 257.676a), as amended by 2005 PA 1.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 676a. (1) Except as otherwise provided in this section, a
person, firm, or corporation who sells or offers for sale, or
displays or attempts to display for sale, goods, wares, produce,
fruit, vegetables, or merchandise within the right-of-way of a
highway outside of the corporate limits of a city or village, or
within the right-of-way of a state trunk line highway, is
responsible for a civil infraction.
(2) The state transportation department may issue a permit to
a person, firm, or corporation to conduct activities described in
subsection (1) if the permitted activities do not create an unsafe
situation and do not interfere with transportation along the state
trunk line highway. As a condition of issuing a permit under this
subsection, the state transportation department shall require the
municipality having jurisdiction over the site to pass a resolution
authorizing the activities described in subsection (1) and may
require that the municipality having jurisdiction over the site of
the permitted activities agree to enforce compliance with the
permit. The issuance of a permit under this subsection does not
confer any property right. The state transportation department may
charge a fee for issuing a permit under this subsection in an
amount not greater than the administrative cost of issuing the
permit.
(3) A holder of a permit issued under subsection (2) that
conducts activities in violation of that permit is responsible for
a civil infraction. Each day during which the permit holder
conducts activities in violation of the permit is a separate
violation. The state transportation department may limit or revoke
a permit issued under subsection (2) if the permit holder conducts
activities that create an unsafe situation or interfere with
transportation along the state trunk line highway, or if the permit
holder is in violation of the conditions of the permit.
(4) The state transportation department may enter into an
agreement with a city or village to allow a right-of-way of a state
trunk line highway within the corporate limits of that local unit
of government to be used by a person, firm, or corporation to sell
or offer for sale, or display or attempt to display for sale,
goods, wares, produce, fruit, vegetables, or merchandise within
that right-of-way.
(5) (4)
This section does not interfere with a permanently
established business that, as of September 27, 1957, was located on
or partially on private property or grant to the owner of that
business additional rights or authority that the owner did not
possess on September 27, 1957, or diminish the legal rights or
duties of the authority having jurisdiction of the right-of-way.
(6) (5)
In conjunction with the exemption granted by federal
law from the restrictions contained in 23 USC 111, and described in
the "manual on uniform traffic control devices for streets and
highways", U.S. department of transportation and federal highway
administration, part 2g (LOGOS), this section does not prohibit the
use of a facility located in part on the right-of-way of I-94 in
the vicinity of the interchange of I-94 and I-69 business loop/I-94
business
loop for the sale of only those articles which that are
for export and consumption outside the United States.
(7) (6)
This section does not prohibit the use of logo
signage within the right-of-way of limited access highways. For
purposes of this subsection, "logo signage" means a sign containing
the trademark or other symbol that identifies a business in a
manner and at locations approved by the state transportation
department. The state transportation department may enter into
agreements to allow logo signage, and any revenue received by the
state transportation department under this subsection shall be
deposited into the state trunk line fund established under section
11 of 1951 PA 51, MCL 247.661.