SF 2453

Introduction - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to advertising devices; allowing local 
  1.3             governments greater authority to regulate billboards 
  1.4             and other advertising devices along highways; making 
  1.5             technical changes; amending Minnesota Statutes 1994, 
  1.6             sections 173.01; 173.02, subdivisions 1, 2, 6, 10, 14, 
  1.7             and by adding a subdivision; 173.04, subdivisions 2 
  1.8             and 3; 173.07; 173.08, subdivision 1; 173.081; 173.10; 
  1.9             173.13, subdivisions 1, 2, 4, 6, and 11; 173.15; 
  1.10            173.16, subdivision 1; 173.171; 173.185, subdivision 
  1.11            2; 173.20; and 173.21; repealing Minnesota Statutes 
  1.12            1994, sections 173.18; and 173.27. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 173.01, is 
  1.15  amended to read: 
  1.16     173.01 [DECLARATION OF POLICY.] 
  1.17     It is hereby found and declared that in the interest of and 
  1.18  to promote the general welfare of the people and to conserve the 
  1.19  natural beauty of areas adjacent to certain highways, it is 
  1.20  necessary to reasonably and effectively regulate and control the 
  1.21  erection or maintenance of advertising devices on land adjacent 
  1.22  to such highways.  It is further declared that inasmuch as 
  1.23  outdoor advertising is an integral part of the business and 
  1.24  marketing function, an established segment of the national 
  1.25  economy, state, and local economies, and a legitimate commercial 
  1.26  use of property adjacent to roads and highways, it should be 
  1.27  allowed to operate where other business and commercial 
  1.28  activities are conducted, and the regulation of outdoor 
  1.29  advertising should occur by the application of reasonable 
  2.1   regulatory standards by the state and local governments, 
  2.2   consistent with customary the reasonable use of outdoor 
  2.3   advertising and zoning principles in this state which will 
  2.4   properly and adequately carry out each and all of the purposes 
  2.5   of Laws 1971, chapter 883; that the regulatory standards set 
  2.6   forth in Laws 1971, chapter 883, are consistent with customary 
  2.7   use in this state.  It is the intention hereby to comply with 
  2.8   the policies declared by Congress in United States Code, title 
  2.9   23, "Highways.". 
  2.10     Sec. 2.  Minnesota Statutes 1994, section 173.02, 
  2.11  subdivision 1, is amended to read: 
  2.12     Subdivision 1.  [SCOPE.] For the purposes of Laws 1971, 
  2.13  this chapter 883, the terms defined in this section shall have 
  2.14  the meanings herein given them. 
  2.15     Sec. 3.  Minnesota Statutes 1994, section 173.02, 
  2.16  subdivision 2, is amended to read: 
  2.17     Subd. 2.  [ADVERTISING DEVICE.] "Advertising device" means 
  2.18  any billboard, sign, notice, poster, display, or other device 
  2.19  visible to and primarily intended to advertise and inform or to 
  2.20  attract or which does attract the attention of operators and 
  2.21  occupants of motor vehicles and shall include any structure 
  2.22  erected primarily for use in connection with the display of any 
  2.23  such device and all lighting or other attachments used in 
  2.24  connection therewith except "star city" and "star county" signs 
  2.25  erected under section 173.085.  
  2.26     Sec. 4.  Minnesota Statutes 1994, section 173.02, 
  2.27  subdivision 6, is amended to read: 
  2.28     Subd. 6.  [VARIOUS SIGNS AND NOTICES DEFINED.] Directional 
  2.29  and other official signs and notices shall mean: 
  2.30     (a) "Official signs and notices" mean signs and notices 
  2.31  erected and maintained by public officers or public agencies 
  2.32  within their territorial jurisdiction and pursuant to and in 
  2.33  accordance with direction or authorization contained in federal 
  2.34  or state law for the purposes of carrying out an official duty 
  2.35  or responsibility.  Historical markers authorized by state law 
  2.36  and erected by state or local governmental agencies or nonprofit 
  3.1   historical societies and star city or star county signs erected 
  3.2   under section 173.085 may be considered official signs.  
  3.3      (b) "Public utility signs" mean warning signs, notices, or 
  3.4   markers which are customarily erected and maintained by publicly 
  3.5   or privately owned public utilities, as essential to their 
  3.6   operations.  
  3.7      (c) "Service club and religious notices" mean signs and 
  3.8   notices, not exceeding eight square feet in advertising area, 
  3.9   whose erection is authorized by law, relating to meetings and 
  3.10  location of nonprofit service clubs or charitable associations, 
  3.11  or religious services.  
  3.12     (d) "Directional signs" means signs containing directional 
  3.13  information about public places owned or operated by federal, 
  3.14  state, or local governments or their agencies, publicly or 
  3.15  privately owned natural phenomena, historic, cultural, 
  3.16  scientific, educational, and religious sites, and areas of 
  3.17  natural scenic beauty or naturally suited for outdoor 
  3.18  recreation, deemed to be in the interest of the traveling 
  3.19  public.  To qualify for directional signs, privately owned 
  3.20  attractions must be nationally or regionally known, and of 
  3.21  outstanding interest to the traveling public.  
  3.22     (e) All definitions in this subdivision are intended to be 
  3.23  in conformity with the national standards for directional and 
  3.24  other official signs.  
  3.25     Sec. 5.  Minnesota Statutes 1994, section 173.02, 
  3.26  subdivision 10, is amended to read: 
  3.27     Subd. 10.  [PRIMARY HIGHWAY.] "Primary highway" means any 
  3.28  highway, other than an interstate highway, at any time 
  3.29  officially designated as a part of the federal aid primary 
  3.30  national highway system by the commissioner of transportation 
  3.31  and approved by the appropriate authority of the federal 
  3.32  government, and which shall include state trunk highways 
  3.33  designated as such by Minnesota Statutes. 
  3.34     Sec. 6.  Minnesota Statutes 1994, section 173.02, 
  3.35  subdivision 14, is amended to read: 
  3.36     Subd. 14.  [UNZONED COMMERCIAL OR INDUSTRIAL AREAS.] (a) 
  4.1   "Unzoned commercial or industrial areas" means those areas which 
  4.2   are not zoned by state or local law, regulation, or ordinance, 
  4.3   and on which there is located one or more permanent structures 
  4.4   devoted to a commercial or industrial activity or on which a 
  4.5   commercial or industrial activity is actually conducted whether 
  4.6   or not a permanent structure is located thereon, and. 
  4.7      (b) If not zoned by ordinance enacted by a local governing 
  4.8   body, the term includes the area along the highway extending 
  4.9   outward 800 feet from and beyond the edge of such activity.  
  4.10  Each side of the highway will be considered separately in 
  4.11  applying this definition.  All measurements shall be from the 
  4.12  outer edges of the regularly used buildings, parking lots, 
  4.13  storage or processing, and landscaped areas of the commercial or 
  4.14  industrial activity, not from the property lines of the 
  4.15  activity, and shall be along or parallel to the edge of the 
  4.16  pavement of the highway.  
  4.17     Sec. 7.  Minnesota Statutes 1994, section 173.02, is 
  4.18  amended by adding a subdivision to read: 
  4.19     Subd. 16.  [LOCAL GOVERNING BODY.] "Local governing body" 
  4.20  means a town board of supervisors, a city council of a statutory 
  4.21  or home rule charter city, or board of county commissioners. 
  4.22     Sec. 8.  Minnesota Statutes 1994, section 173.04, 
  4.23  subdivision 2, is amended to read: 
  4.24     Subd. 2.  [ESTABLISHMENT; RULES.] The commissioner of 
  4.25  transportation may by rules issued pursuant to chapter 14 
  4.26  establish scenic areas adjacent to the interstate or primary 
  4.27  highways.  Such scenic areas shall be located outside of the 
  4.28  then existing boundaries of statutory and home rule charter 
  4.29  cities, and shall not include areas then zoned for commercial or 
  4.30  industrial purposes.  After July 31, 1996, these scenic 
  4.31  areas may include in part but shall not be are limited to areas 
  4.32  maintained by the public and containing national, state, or 
  4.33  local parks,; historic sites and monuments,; and picnic, rest, 
  4.34  or recreation areas maintained by the public.  Permits for 
  4.35  legally existing advertising devices not in violation of this 
  4.36  chapter shall be granted until such devices are paid for, but no 
  5.1   new advertising devices may be erected within the area after the 
  5.2   scenic area has been established by rule.  If the state or any 
  5.3   local unit of government governing body legitimately zones all 
  5.4   or any part of a scenic area for commercial or industrial use in 
  5.5   accordance with customary usage in the state, then such area or 
  5.6   that part thereof shall cease to be a scenic area.  A scenic 
  5.7   area will exist when the rights thereto have been acquired by 
  5.8   the state. 
  5.9      Sec. 9.  Minnesota Statutes 1994, section 173.04, 
  5.10  subdivision 3, is amended to read: 
  5.11     Subd. 3.  [SCENIC EASEMENTS.] After July 31, 1996, the 
  5.12  commissioner of transportation may acquire scenic easements in 
  5.13  scenic, unzoned areas to preserve the natural scenic beauty of 
  5.14  that area and its visibility from the highway, and the rights so 
  5.15  acquired may require the removal, by the owner of the land, of 
  5.16  any structure necessary to accomplish these purposes.  
  5.17  Advertising devices shall be removed only in accordance with 
  5.18  this chapter, and the commissioner shall not require the removal 
  5.19  of residences, farm buildings or other buildings of a 
  5.20  substantial nature.  Whenever practicable, the scenic easements 
  5.21  acquired herein shall provide that the land may be used for 
  5.22  agricultural, horticultural, forest, grazing, residential, or 
  5.23  other purposes not inconsistent with the scenic purposes for 
  5.24  which the easement was acquired.  
  5.25     Sec. 10.  Minnesota Statutes 1994, section 173.07, is 
  5.26  amended to read: 
  5.27     173.07 [APPLICATIONS FOR PERMITS; CONTENTS; RENEWALS.] 
  5.28     Subdivision 1.  [FORMS; CONTENT; IDENTIFYING NUMBER.] (a) 
  5.29  Application for permits or renewals thereof for the placement 
  5.30  and maintenance of advertising devices within scenic areas: 
  5.31     (1) on unzoned lands shall be on forms prescribed by the 
  5.32  commissioner of transportation and shall contain such 
  5.33  information as the commissioner may require; and 
  5.34     (2) on lands governed by a valid zoning ordinance enacted 
  5.35  by a local governing body, by procedures implemented by the 
  5.36  local governing body.  
  6.1      (b) No advertising device shall be placed without the 
  6.2   consent of the owner or occupant of the land, and adequate proof 
  6.3   of such consent shall be submitted to the commissioner for 
  6.4   unzoned areas, and otherwise to the appropriate local governing 
  6.5   body, at the time application is made for such permits or 
  6.6   renewals.  There shall be furnished with each permit issued by 
  6.7   the commissioner an identifying number which shall be affixed by 
  6.8   the permit holder to the advertising device in accordance with 
  6.9   rules of the commissioner of transportation. 
  6.10     Subd. 2.  [PERMIT RENEWAL; FEE; REVOCATION.] The 
  6.11  commissioner of transportation may renew each 
  6.12  commissioner-issued permit for additional one-year periods upon 
  6.13  the receipt of an application therefor made within 30 days of 
  6.14  the expiration date of such permit together with the payment of 
  6.15  an annual fee of $30.  The permit or renewal thereof shall be 
  6.16  revocable for any violation of sections 173.01 to 173.11 or 
  6.17  rules adopted thereunder at any time by the commissioner of 
  6.18  transportation on 30 days written notice to the permit holder.  
  6.19  All fees collected shall be paid into the trunk highway fund. 
  6.20     Sec. 11.  Minnesota Statutes 1994, section 173.08, 
  6.21  subdivision 1, is amended to read: 
  6.22     Subdivision 1.  [ADVERTISING DEVICES RESTRICTED.] No 
  6.23  advertising device, excepting the advertising devices described 
  6.24  and permitted under sections 173.01 to 173.27, shall be erected 
  6.25  or maintained in an unzoned, adjacent area, after June 8, 1971 
  6.26  July 31, 1996, except the following: 
  6.27     (a) Directional and other official signs, including, but 
  6.28  not limited to, signs pertaining to natural wonders, scenic and 
  6.29  historical attractions, which are required or authorized by law, 
  6.30  and which comply with rules which shall be promulgated by the 
  6.31  commissioner relative to their lighting, size, spacing and other 
  6.32  requirements as may be appropriate to implement sections 173.01 
  6.33  to 173.27; 
  6.34     (b) Advertising devices advertising the sale or lease of 
  6.35  property upon which they are located, provided that there shall 
  6.36  not be more than one such sign, advertising the sale or lease of 
  7.1   the same property, visible to traffic proceeding in any one 
  7.2   direction on any one interstate or primary highway; 
  7.3      (c) Advertising devices advertising activities conducted on 
  7.4   the property on which they are located, including, without 
  7.5   limiting the generality of the foregoing, goods sold, stored, 
  7.6   manufactured, processed or mined thereon, services rendered 
  7.7   thereon, and entertainment provided thereon; 
  7.8      (d) Advertising devices stating the name and address of the 
  7.9   owner, lessee or occupant of such property or information 
  7.10  otherwise required or authorized by law to be posted or 
  7.11  displayed thereon; 
  7.12     (e) Public utility signs; 
  7.13     (f) Service club and religious notices; 
  7.14     (g) Advertising devices of which the advertising copy or 
  7.15  the name of the owner thereof is in no part visible from the 
  7.16  traveled way of the aforesaid highways; 
  7.17     (h) Advertising devices which are located, or which are to 
  7.18  be located, in business areas and which comply, or will comply 
  7.19  when erected, with the provisions of sections 173.01 to 173.27; 
  7.20     (i) Signs placed temporarily by auctioneers under section 
  7.21  169.07; 
  7.22     (j) Star city and star county signs under section 173.085; 
  7.23  and 
  7.24     (k) Community identification signs which are located within 
  7.25  two miles of the community and do not exceed 750 square feet.  
  7.26  "Community" means a county, town, or home rule charter or 
  7.27  statutory city.  Prior to the erection of a community 
  7.28  identification sign, the community must: 
  7.29     (1) obtain approval from the governing body of the 
  7.30  community; 
  7.31     (2) consult with local road authorities on placement and 
  7.32  location of the sign; and 
  7.33     (3) obtain consent of the owner of the land on which the 
  7.34  sign is to be erected. 
  7.35     Sec. 12.  Minnesota Statutes 1994, section 173.081, is 
  7.36  amended to read: 
  8.1      173.081 [DIRECTIONAL SIGNS.] 
  8.2      The commissioner of transportation shall develop uniform 
  8.3   standards for directional signs erected under this chapter.  The 
  8.4   standards must provide for the size, lighting, spacing, design, 
  8.5   colors, and maintenance of the signs.  The standards must 
  8.6   provide that:  
  8.7      (1) no pictorial or photographic representations be placed 
  8.8   on the signs; 
  8.9      (2) directional signs facing the same direction of travel 
  8.10  may not be placed less than one mile apart; 
  8.11     (3) signs located in an unzoned area adjacent to an 
  8.12  interstate highway must be within 75 miles of the described 
  8.13  activity, and those located in unzoned areas adjacent to other 
  8.14  trunk highways must be within 50 miles of the described 
  8.15  activity; and 
  8.16     (4) not more than one directional sign for the same 
  8.17  activity and facing the same direction of travel may be erected 
  8.18  in an unzoned area along a single marked highway approaching the 
  8.19  activity.  
  8.20     The standards may provide eligibility criteria, including 
  8.21  visitor capacity, parking capacity, days and hours of operation, 
  8.22  and annual and daily average attendance, for attractions 
  8.23  qualifying for directional signs.  
  8.24     The commissioner and local governing bodies shall take no 
  8.25  action under this section which would result in the loss to the 
  8.26  state of federal highway construction funds.  
  8.27     Sec. 13.  Minnesota Statutes 1994, section 173.10, is 
  8.28  amended to read: 
  8.29     173.10 [CONFLICTING PROVISIONS.] 
  8.30     Nothing in sections 173.01 to 173.11 shall be construed to 
  8.31  abrogate or affect the provisions of any other law, municipal 
  8.32  ordinance, regulation, or resolution which is more restrictive 
  8.33  concerning advertising devices than are the provisions of such 
  8.34  sections or of the rules adopted hereunder.  Nothing in this 
  8.35  chapter affects the power of a local governing body to enact 
  8.36  zoning and other land use ordinances, except that no action may 
  9.1   be taken by a local governing body that would result in a loss 
  9.2   to the state of federal highway construction funds.  
  9.3      Sec. 14.  Minnesota Statutes 1994, section 173.13, 
  9.4   subdivision 1, is amended to read: 
  9.5      Subdivision 1.  [PERMIT REQUIRED.] No advertising device 
  9.6   shall be erected or maintained in any adjacent area without a 
  9.7   permit therefor being first obtained from the commissioner, 
  9.8   except that permit systems of legitimate local zoning 
  9.9   authorities shall take precedence inside a business area and in 
  9.10  areas for which a valid zoning ordinance has been enacted by the 
  9.11  local governing body. 
  9.12     Sec. 15.  Minnesota Statutes 1994, section 173.13, 
  9.13  subdivision 2, is amended to read: 
  9.14     Subd. 2.  [RULES.] The commissioner of transportation may 
  9.15  adopt, modify, amend, or repeal rules governing the issuance of 
  9.16  permits or renewals therefor for the erection and maintenance of 
  9.17  advertising devices in unzoned areas adjacent to the interstate 
  9.18  and primary system of highways, provided that such rules shall 
  9.19  not be more restrictive than the provisions of sections 173.13 
  9.20  to 173.231. 
  9.21     Sec. 16.  Minnesota Statutes 1994, section 173.13, 
  9.22  subdivision 4, is amended to read: 
  9.23     Subd. 4.  [FEES.] The annual fee for each such permit 
  9.24  or permit renewal thereof obtained from the commissioner shall 
  9.25  be as follows: 
  9.26     (1) If the advertising area of the advertising device does 
  9.27  not exceed 50 square feet, the fee shall be $25. 
  9.28     (2) If the advertising area exceeds 50 square feet but does 
  9.29  not exceed 300 square feet, the fee shall be $50. 
  9.30     (3) If the advertising area exceeds 300 square feet, the 
  9.31  fee shall be $100. 
  9.32     (4) No fee shall be charged for a permit for official signs 
  9.33  and notices as they are defined in section 173.02, except that a 
  9.34  fee may be charged for a star city or star county sign erected 
  9.35  under section 173.085. 
  9.36     Sec. 17.  Minnesota Statutes 1994, section 173.13, 
 10.1   subdivision 6, is amended to read: 
 10.2      Subd. 6.  [EXPIRATION; RENEWAL; FEE.] Permits shall issued 
 10.3   under this section expire on the last day of June of each year.  
 10.4   They may be renewed upon payment of the annual fee and filing of 
 10.5   a renewal application form to be provided by the commissioner, 
 10.6   but without the filing of a new permit application.  There shall 
 10.7   be proration of the fee for the year in which the permit is 
 10.8   first obtained, and the portion of any fees for a permit on any 
 10.9   advertising device paid under this chapter, allocable to the 
 10.10  period July 1, 1971, through December 31, 1971, shall be deemed 
 10.11  to have been paid upon and shall apply to payment of the fees 
 10.12  required by Laws 1971, chapter 883 or refunded.  There shall be 
 10.13  no additional fee or permit required for change in advertising 
 10.14  copy. 
 10.15     Sec. 18.  Minnesota Statutes 1994, section 173.13, 
 10.16  subdivision 11, is amended to read: 
 10.17     Subd. 11.  [REMOVAL OF DEVICE FOR NONCOMPLIANCE.] 
 10.18  Advertising devices erected or maintained in unzoned areas after 
 10.19  June 8, 1971 July 31, 1996, not complying with Laws 1971, 
 10.20  chapter 883 this chapter, and not otherwise by Laws 1971, 
 10.21  chapter 883, this chapter permitted to stand, may be removed by 
 10.22  the commissioner upon 60 days prior written notice by certified 
 10.23  mail to the owner thereof and to the owner of the real property 
 10.24  on which such advertising device is located, provided that no 
 10.25  notice shall be required to be given to the owner of an 
 10.26  advertising device whose name is not stated upon the advertising 
 10.27  device or the structure on which it is displayed, unless the 
 10.28  name of such owner is otherwise reasonably known to the 
 10.29  commissioner.  The period of such notice shall be computed from 
 10.30  the date of mailing. 
 10.31     Sec. 19.  Minnesota Statutes 1994, section 173.15, is 
 10.32  amended to read: 
 10.33     173.15 [PROHIBITED DEVICES.] 
 10.34     After June 8, 1971 July 31, 1996, no advertising device 
 10.35  shall be erected or maintained: 
 10.36     (1) Which purports to be or resembles an official traffic 
 11.1   control device, sign, or signal, or railroad sign or signal; or 
 11.2   which hides from view or interferes in any material degree with 
 11.3   the effectiveness of any traffic control device, sign, or 
 11.4   signal, or railroad sign or signal, or which obstructs or 
 11.5   interferes with the driver's view of approaching, merging, or 
 11.6   intersecting traffic for a distance not to exceed 500 feet; 
 11.7      (2) Which prominently displays the word "stop" or "danger"; 
 11.8      (3) Which contains statements, words, or pictures of an 
 11.9   obscene, indecent, or immoral character, or such as would offend 
 11.10  public morals or decency; 
 11.11     (4) On any right-of-way of the interstate system of 
 11.12  highways, except as otherwise provided by law or allowed by the 
 11.13  commissioner; 
 11.14     (5) On private land without the consent of the owner or 
 11.15  occupant thereof; 
 11.16     (6) On trees, shrubs, or which are painted or drawn upon 
 11.17  rocks or natural features, or on public utility poles; 
 11.18     (7) Which has distracting flashing or moving lights so 
 11.19  designed or lighted as to be a traffic hazard; 
 11.20     (8) To which access can be obtained only from an interstate 
 11.21  main traveled way but excluding frontage roads adjacent thereto; 
 11.22     (9) In unzoned areas, which are structurally unsafe, in 
 11.23  disrepair, or are abandoned.  
 11.24     Sec. 20.  Minnesota Statutes 1994, section 173.16, 
 11.25  subdivision 1, is amended to read: 
 11.26     Subdivision 1.  [EFFECTIVE.] After June 8, 1971 July 31, 
 11.27  1996, advertising devices in a business area not otherwise 
 11.28  subject to a valid zoning ordinance issued by a local governing 
 11.29  body, shall comply with the standards stated in this section. 
 11.30     Sec. 21.  Minnesota Statutes 1994, section 173.171, is 
 11.31  amended to read: 
 11.32     173.171 [VEGETATION CONTROL; VISIBILITY; AGREEMENTS.] 
 11.33     The commissioner of the department of transportation may 
 11.34  enter into agreements with the owners of advertising devices not 
 11.35  prohibited under this chapter and lawfully erected and 
 11.36  maintained in adjacent areas, or with the owners of the real 
 12.1   property on which the advertising devices are located, providing 
 12.2   for the control of vegetation on the right-of-way in the 
 12.3   vicinity of the advertising devices to ensure their visibility 
 12.4   from the highway.  The agreements shall provide that:  
 12.5      (1) The cost of any vegetation control measures will be 
 12.6   paid for by the owner of the advertising device or the owner of 
 12.7   the real property on which it is located; and 
 12.8      (2) Any control measures will be carried out in a safe, 
 12.9   workmanlike efficient manner.  
 12.10     This section applies to advertising devices located in 
 12.11  unzoned areas after July 31, 1996.  Agreements entered into 
 12.12  before that date remain valid and effective until the 
 12.13  termination date provided by the agreement or January 1, 1997, 
 12.14  whichever is later. 
 12.15     Sec. 22.  Minnesota Statutes 1994, section 173.185, 
 12.16  subdivision 2, is amended to read: 
 12.17     Subd. 2.  [RULES.] The commissioner of transportation is 
 12.18  authorized to promulgate shall adopt rules governing the 
 12.19  erection and maintenance of outdoor advertising devices in 
 12.20  unzoned areas as may be necessary to carry out the policy of the 
 12.21  state declared in this chapter. 
 12.22     Sec. 23.  Minnesota Statutes 1994, section 173.20, is 
 12.23  amended to read: 
 12.24     173.20 [CONFLICTING PROVISIONS.] 
 12.25     Nothing in sections 173.13 to 173.231 shall be construed to 
 12.26  abrogate or affect the provisions of any other law, valid 
 12.27  municipal ordinance, regulation, or resolution which that is 
 12.28  more restrictive concerning advertising than the provisions of 
 12.29  said sections 173.13 to 173.231 hereof or of the regulations 
 12.30  rules adopted thereunder under those sections. 
 12.31     Sec. 24.  Minnesota Statutes 1994, section 173.21, is 
 12.32  amended to read: 
 12.33     173.21 [VIOLATIONS, PENALTIES.] 
 12.34     Any person who violates any provisions of sections 173.13 
 12.35  to 173.231 or any rules issued or adopted thereunder after 
 12.36  notice thereof upon conviction is guilty of a misdemeanor.  In 
 13.1   addition thereto, the commissioner of transportation may seek 
 13.2   injunctive relief in the district court of the county in which 
 13.3   the nonconforming advertising device is located and, if located 
 13.4   in an unzoned area, require that either the advertising device 
 13.5   conform or be removed. 
 13.6      Sec. 25.  [INSTRUCTION TO REVISOR.] 
 13.7      In the next edition of Minnesota Statutes, the revisor of 
 13.8   statutes shall delete the references to "Laws 1971, chapter 
 13.9   883," and insert "this chapter" where found in Minnesota 
 13.10  Statutes, chapter 173. 
 13.11     Sec. 26.  [REPEALER.] 
 13.12     Minnesota Statutes 1994, sections 173.18; and 173.27, are 
 13.13  repealed.