HF 3208

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to highways; allowing certain seasonal, 
  1.3             agriculture-related business signs to be placed in 
  1.4             state highway right-of-way; proposing coding for new 
  1.5             law in Minnesota Statutes, chapter 160. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [160.272] [EXCEPTION FOR FRUIT OR VEGETABLE 
  1.8   SIGNS.] 
  1.9      Subdivision 1.  [REQUIREMENTS.] Notwithstanding any 
  1.10  contrary provision of sections 160.27, 160.292 to 160.296, 
  1.11  160.80, 169.07, and 173.01 to 173.27, or other law, a sign may 
  1.12  be placed by its owner in the right-of-way of a trunk highway 
  1.13  only if all of the following conditions are satisfied: 
  1.14     (a) The highway is not an interstate highway, as defined in 
  1.15  section 173.02, subdivision 7, although it may be a freeway or 
  1.16  expressway. 
  1.17     (b) The highway is not located within the county of Anoka, 
  1.18  Carver, Dakota, Hennepin, Ramsey, Scott, or Washington. 
  1.19     (c) The highway is not located within the city limits of a 
  1.20  statutory or home rule charter city classified as a first class 
  1.21  city, as described in section 410.01. 
  1.22     (d) The sign is temporary, it advertises and directs 
  1.23  motorists to the property or a facility used for the sale of 
  1.24  fruits or vegetables, and it's removed from the right-of-way or 
  1.25  covered at the end of the work day. 
  2.1      (e) The sign is not placed in the right-of-way (1) closer 
  2.2   than ... feet from the outermost paved, traveled lanes or 
  2.3   shoulder of the highway, (2) closer than ... feet from any 
  2.4   other, already installed sign or advertising device, (3) closer 
  2.5   than ... feet from an intersection, nor (4) between or within 
  2.6   any paved, traveled lanes of the highway. 
  2.7      (f) No more than one sign advertising the sale of fruits or 
  2.8   vegetables is placed on each side of the trunk highway. 
  2.9      (g) The sign is no larger than eight square feet. 
  2.10     (h) The property or facility used to sell fruits or 
  2.11  vegetables is located within ... miles of every sign placed 
  2.12  pursuant to this subdivision and has a sign on site that both 
  2.13  identifies the business and is visible to motorists. 
  2.14     (i) The property or facility for conducting the advertised 
  2.15  activity is staffed at all times while a sign is in place under 
  2.16  this subdivision, which must be a minimum of eight hours per day 
  2.17  for six days per week during the normal seasonal period. 
  2.18     Subd. 2.  [FEE.] The commissioner may not charge a fee for 
  2.19  signs erected in accordance with subdivision 1. 
  2.20     Subd. 3.  [REMOVAL FOR NONCOMPLIANCE.] The commissioner of 
  2.21  transportation shall remove a sign that does not comply with 
  2.22  every requirement of subdivision 1.  The commissioner may 
  2.23  destroy or otherwise dispose of a noncomplying sign and is not 
  2.24  required to notify the owner of its removal or destruction, to 
  2.25  return the sign to the owner, or to compensate the owner in any 
  2.26  way for the removal or destruction of the sign. 
  2.27     Subd. 4.  [LIABILITY.] (a) The commissioner is not liable 
  2.28  for damages to any person or property directly or indirectly 
  2.29  resulting from or arising out of the presence of a sign in the 
  2.30  right-of-way that has been erected in accordance with this 
  2.31  section. 
  2.32     (b) This section does not excuse, impose, increase, or in 
  2.33  any other way affect the liability, if any, of the commissioner 
  2.34  for damages to any person or property resulting from or arising 
  2.35  out of the presence of a sign in a right-of-way that was not 
  2.36  erected by the commissioner and was not erected in accordance 
  3.1   with this section.