HF 3265

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to highways; governing trash and recycling receptacles in rights-of-way
of streets and highways; authorizing cities and other road authorities to allow
advertising on trash and recycling receptacles placed in rights-of-way of streets
and highways; amending Minnesota Statutes 2004, section 160.27, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 160.27, is amended by adding a
subdivision to read:

new text begin Subd. 7a. new text end

new text begin Trash and recycling receptacles. new text end

new text begin (a) Trash and recycling receptacles
may be placed and maintained within the right-of-way of any street or highway when a
license, permit, or franchise is first obtained from the road authority. Trash and recycling
receptacles, including trash and recycling receptacles with advertisements placed on them,
may not be attached to a bench or shelter placed under subdivision 2. The receptacles
may not be placed or maintained on the portion of the highway or street prepared and
maintained for vehicle traffic.
new text end

new text begin (b) In any city, the owners may place advertisements on trash and recycling
receptacles only if authorized by the license, permit, or franchise. Trash and recycling
receptacles with advertisements placed on them may not be located within 25 feet of a
bench or shelter placed under subdivision 2, and may not be placed within the right-of-way
of a trunk highway.
new text end

new text begin (c) The council of any city may, by public negotiation or bid, grant franchises
for the placement, operation, or maintenance of trash and recycling receptacles with
advertisements placed on them on streets and highways within the city. The franchises
shall be granted subject to terms and conditions as the city may prescribe, including
the payment of compensation to the city. The term of the license, permit, or franchise
agreement may not exceed ten years. This provision does not supersede or preclude any
requirements for obtaining permits from the appropriate road authority having jurisdiction
for construction, reconstruction, or maintenance of the right-of-way of any trunk highway,
county highway, or county state-aid highway.
new text end

new text begin (d) Cities shall establish guidelines relating to the nature of the advertising allowed
on trash and recycling receptacles. Advertisements placed on trash and recycling
receptacles:
new text end

new text begin (1) may not interfere with safe use of the street or highway;
new text end

new text begin (2) may only be allowed on two sides of each receptacle;
new text end

new text begin (3) may not extend higher than four feet above the pavement surface; and
new text end

new text begin (4) may not be larger than 15 square feet in total.
new text end

new text begin Nothing in this subdivision supersedes the prohibitions under section 173.15.
new text end

new text begin (e) For purposes of this subdivision, "city" means a statutory or home rule charter
city.
new text end