March 8, 2012, Introduced by Reps. Nathan and Womack and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 615 and 676a (MCL 257.615 and 257.676a),
section 676a as amended by 2005 PA 1, and by adding section 676c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
615. (1) (a) Except
with authority of a statute or of a
duly
authorized public body or official, no a person shall not
place, maintain, or display along any highway or upon any structure
in or over any highway any sign, signal, marking, device, blinking,
oscillating, or rotating light or lights, decoration, or banner
which
that is or purports to be or is in imitation of or
resembles
or
which that can be mistaken for a traffic control device or
railroad
sign or signal, or which that
attempts to direct the
movement
of traffic, or which that hides from view or interferes
with the effectiveness of any traffic control device or any
railroad
sign or signal. , and no
(2)
A person shall not place
or maintain nor shall any and
a
public authority shall not permit upon any highway any traffic sign
or
signal bearing thereon any commercial advertising.
(3) (b)
No A person shall not place, maintain, or
display
along any highway any blinking, oscillating, or rotating light or
lights sufficiently similar in color and design that they may be
mistaken for the distinguishing lights authorized by law for
emergency
vehicles or that creates create
a hazard for the safety
of
drivers using said those highways.
(4) (c)
Every such prohibited sign,
signal, marking, device,
decoration, or
banner is hereby declared to be a public nuisance
and
the authority having jurisdiction over the highway is hereby
empowered
to may remove the same it or
cause it to be removed
without notice.
(5) (d)
Decorations or banners which that may
be placed over
the traveled portion of any street or highway shall be placed not
closer than 10 feet on either side of traffic lights or signals and
shall
be so placed as to not obstruct a clear view of such those
traffic lights or signals.
(6) This section does not apply to the operation of an
illuminated mobile billboard under section 676c.
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) 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.
(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.
(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.
(7) This section does not apply to the operation of an
illuminated mobile billboard under section 676c.
Sec. 676c. (1) Except as otherwise provided by law, a person
may operate an illuminated mobile billboard on the highways of this
state if the illuminated mobile billboard is operated in compliance
with this act. This section does not prohibit the department or a
local unit of government from regulating the intensity of
illumination during nondaylight hours.
(2) As used in this section, "illuminated mobile billboard"
means a motor vehicle or a motor vehicle and trailer combination
that has an illuminated display designed or used for advertising or
other informational purposes.