1999 Minnesota Statutes

  160.27 Particular uses of right-of-way; misdemeanors. 

    Subdivision 1.    Public notices.  With the approval of 
 the proper road authority, billboards for the use and purpose of 
 displaying public notices only may be erected within the limits 
 of any public highway, including city streets. 

    Subd. 2.    Benches and shelters.  Benches and shelters 
 for the convenience and comfort of persons waiting for street 
 cars or buses may be placed and maintained within the limits of 
 any street or highway, including streets and highways within 
 cities, when a license, permit or franchise therefor is first 
 obtained from the road authority.  The owners may place 
 advertising on the benches and shelters if authorized by the 
 license, permit or franchise, provided that advertising on 
 shelters shall be limited to one-third of the vertical surface 
 of the shelter.  The benches shall not be placed or maintained 
 on the portion of the highway or street prepared and maintained 
 for vehicle traffic.  

    The council of any city may, by public negotiation or bid, 
 grant franchises for the construction, operation or maintenance 
 of bus shelters and benches 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.  This provision does not preclude the 
 requirement for obtaining permits from the appropriate road 
 authority having jurisdiction for construction within the limits 
 of any trunk highway, county highway, or county state-aid 
 highway. 

    On streets and highways outside of cities, the road 
 authority may, by public negotiation or bid, grant franchises 
 for the construction, operation or maintenance of bus shelters 
 and benches on streets and highways within the road authority's 
 jurisdiction.  The franchises shall be granted subject to terms 
 and conditions as the road authority may prescribe, including 
 the payment of compensation to the road authority. 

    Subd. 3.    Outdoor telephone booths.  (a) Outdoor 
 telephone booths may be placed and maintained within the limits 
 of any public highway, including city streets, when authorized 
 by a written permit issued by the proper road authority.  

    (b) The governing body of a city or town may grant 
 permission by license, permit, contract, or franchise to the 
 owner of an outdoor telephone booth located within the 
 right-of-way of a public highway or street to place advertising 
 on the booth.  This permission is subject to terms and 
 conditions prescribed by the city or town.  This paragraph does 
 not preclude requirements for obtaining permits from the 
 appropriate road authority having jurisdiction over a trunk 
 highway, county highway, or state-aid highway. 

    Subd. 4.    Customs inspection facilities.  United 
 States customs inspection facilities may be placed and 
 maintained within the limits of any public highway, including 
 city streets, when a written permit is issued for such 
 facilities by the proper road authority. 

    Subd. 5.    Misdemeanors.  Except for the actions of the 
 road authorities, their agents, employees, contractors, and 
 utilities in carrying out their duties imposed by law or 
 contract, and except as herein provided, it shall be unlawful to:

    (1) obstruct any highway or deposit snow or ice thereon; 

    (2) plow or perform any other detrimental operation within 
 the road right-of-way except in the preparation of the land for 
 planting permanent vegetative cover or as authorized under 
 section 160.232; 

    (3) erect a fence on the right-of-way of a trunk highway, 
 county state-aid highway, county highway or town road, except to 
 erect a lane fence to the ends of a livestock pass; 

    (4) erect or reconstruct driveway headwalls in or on the 
 right-of-way of a highway or road, except as may be allowed by 
 permit from the road authority imposing reasonable regulations 
 as are necessary to prevent interference with the construction, 
 maintenance, and safe use of the highway or road and its 
 appurtenances; 

    (5) dig any holes in any highway; except to locate markers 
 placed to identify sectional corner positions and private 
 boundary corners; 

    (6) remove any earth, gravel or rock from any highway; 

    (7) obstruct any ditch draining any highway or drain any 
 noisome materials into any ditch; 

    (8) place or maintain any building or structure within the 
 limits of any highway; 

    (9) place or maintain any advertisement within the limits 
 of any highway, except as provided in subdivision 7; 

    (10) paint, print, place, or affix any advertisement or any 
 object within the limits of any highway, except as provided in 
 subdivision 7; 

    (11) deface, mar, damage, or tamper with any structure, 
 work, material, equipment, tools, signs, markers, signals, 
 paving, guardrails, drains, or any other highway appurtenance on 
 or along any highway; 

    (12) remove, injure, displace, or destroy right-of-way 
 markers, or reference or witness monuments, or markers placed to 
 preserve section or quarter section corners; 

    (13) improperly place or fail to place warning signs and 
 detour signs as provided by law; 

    (14) drive over, through, or around any barricade, fence, 
 or obstruction erected for the purpose of preventing traffic 
 from passing over a portion of a highway closed to public travel 
 or to remove, deface, or damage any such barricade, fence, or 
 obstruction. 

    Any violation of this subdivision is a misdemeanor. 

    Subd. 6.    Removal of unauthorized advertisement, 
 building, or structure.  The road authorities may take down, 
 remove, or destroy any advertisement, building or structure in 
 or upon any highway in violation of this section. 

    Subd. 7.    Bicycle racks and bicycle storage facilities. 
  In cities of the first class, advertisements, public art, and 
 informational signs may be placed and maintained on bicycle 
 racks and bicycle storage facilities, and on any enclosure 
 around them, if (1) a road authority has issued a permit to the 
 city authorizing the bicycle racks and storage facilities to be 
 placed within the right-of-way of a public highway, (2) the city 
 has recommended and the road authority has authorized in the 
 permit the placement of advertisements, public art, and 
 informational signs on the bicycle racks and bicycle storage 
 facilities, and (3) the placement does not create an unsafe 
 situation.  Advertisements, public art, and information signs 
 authorized under this subdivision are subject to the terms and 
 conditions imposed by the road authority authorizing their 
 placement. 

    Subd. 8.    Trunk highway closure; authority, notice, 
 civil penalty.  (a) The commissioner may restrict the use of, 
 or close, any state trunk highway for the protection and safety 
 of the public or for the protection of the highway from damage 
 during and after storms if there is danger of the road becoming 
 impassable or if visibility is so limited that safe travel is 
 unlikely. 

    (b) To notify the public that a trunk highway is closed or 
 its use restricted, the commissioner shall give notice by one or 
 more of the following methods: 

    (1) erect suitable barriers or obstructions on the highway; 

    (2) post warnings or notices of the closing or restricting 
 of a trunk highway; 

    (3) place signs to warn, detour, direct, or otherwise 
 control traffic on the highway; or 

    (4) place personnel to warn, detour, direct, or otherwise 
 control traffic on the highway. 

    (c) A person is civilly liable for rescue costs if the 
 person (1) fails to obey the direction or instruction of 
 authorized personnel at the location of the closed highway, or 
 (2) drives over, through, or around a barricade, fence, or 
 obstruction erected to prevent traffic from passing over a 
 portion of a highway closed to public travel.  "Civilly liable 
 for rescue costs" means that the person is liable to a state 
 agency or political subdivision for costs incurred for the 
 purpose of rescuing the person, any passengers, or the vehicle.  
 Civil liability may be imposed under this subdivision in 
 addition to the misdemeanor penalty imposed under subdivision 
 5.  However, civil liability must not exceed $10,000.  A fine 
 paid by a defendant in a misdemeanor action that arose from the 
 same violation may not be applied toward payment of the civil 
 liability imposed under this subdivision. 

    (d) A state agency or political subdivision that incurs 
 costs as described in paragraph (c) may bring an action to 
 recover the civil liability and related legal, administrative, 
 and court costs.  A civil action may be commenced as is any 
 civil action. 

    HIST: 1959 c 500 art 1 s 27; 1973 c 123 art 5 s 7; 1977 c 334 
 s 1; 1979 c 275 s 1; 1980 c 435 s 1; 1980 c 533 s 2; 1986 c 387 
 s 1; 1986 c 398 art 27 s 2; 1986 c 435 s 1; 1989 c 179 s 2; 1995 
 c 23 s 1; 1998 c 283 s 1,2; 1998 c 403 s 5,6