SB 568, As Passed Senate

SB-0568, As Passed Senate, January 31, 2006

SUBSTITUTE FOR

SENATE BILL NO. 568

A bill to amend 1972 PA 106, entitled

"Highway advertising act of 1972,"

by amending sections 2, 3, 4, 6, 7, 11, 15, 16, 17, 18, 18a, and 19

(MCL 252.302, 252.303, 252.304, 252.306, 252.307, 252.311, 252.315,

252.316, 252.317, 252.318, 252.318a, and 252.319), sections 2, 3,

4, 6, 7, 15, 17, and 19 as amended and section 11 as added by 1998

PA 533 and section 18a as added by 1998 PA 464, and by adding

section 11a; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. As used in this act:

(a) "Business area" means an adjacent area which is zoned

under authority of state, county, township, or municipal zoning

authority for industrial or commercial purposes, customarily

referred to as "b" or business, "c" or commercial, "i" or

industrial, "m" or manufacturing, and "s" or service, and all other

similar classifications and which is within a city, village, or

charter township or is within 1 mile of the corporate limits of a

city, village, or charter township or is beyond 1 mile of the

corporate limits of a city, village, or charter township and

contains 1 or more permanent structures devoted to the industrial

or commercial purposes described in this subdivision and which

extends along the highway a distance of 800 feet beyond each edge

of the activity. Each side of the highway is considered separately

in applying this definition except where it is not topographically

feasible for a sign or sign structure to be erected or maintained

on the same side of the highway as the permanent structure devoted

to industrial or commercial purposes, a business area may be

established on the opposite side of a primary highway in an area

zoned commercial or industrial or in an unzoned area with the

approval of the state highway commission. A permanent structure

devoted to industrial or commercial purposes does not result in the

establishment of a business area on both sides of the highway. All

measurements shall be from the outer edge of the regularly used

building, parking lot or storage or processing area of the

commercial or industrial activity and not from the property lines

of the activities and shall be along or parallel to the edge or

pavement of the highway. Commercial or industrial purposes are

those activities generally restricted to commercial or industrial

zones in jurisdictions that have zoning. In addition, the following

activities shall not be considered commercial or industrial:

(i) Agricultural, animal husbandry, forestry, grazing, farming,

and related activities, including, but not limited to, wayside

fresh produce stands.

(ii) Transient or temporary activities.

(iii) Activities not visible from the main-traveled way.

(iv) Activities conducted in a building principally used as a

residence, or in a building located on property that is used

principally for residential purposes or for activities recited in

subparagraph (i).

(v) Railroad tracks and minor sidings.

(vi) Outdoor advertising.

(vii) Activities more than 660 feet from the main-traveled way.

(viii) Activities that have not been in continuous operation of

a business or commercial nature for at least 2 years.

(ix) Public utility facilities, whether regularly staffed or

not.

(x) Structures associated with on-site outdoor recreational

activities such as riding stables, golf course shops, and

campground offices.

(xi) Activities conducted in a structure for which an occupancy

permit has not been issued or which is not a fully enclosed

building, having all necessary utility service and sanitary

facilities required for its intended commercial or industrial use.

(xii) A storage facility for a business or other activity not

located on the same property, except a storage building having at

least 10 separate units that are available to be rented by the

public.

(b) "Unzoned commercial or industrial area" means an area

which is within an adjacent area, which is not zoned by state or

local law, regulation or ordinance, which contains 1 or more

permanent structures devoted to the industrial or commercial

purposes described in subdivision (a), and which extends along the

highway a distance of 800 feet beyond each edge of the activity.

Each side of the highway is considered separately in applying this

definition except where it is not topographically feasible for a

sign or sign structure to be erected or maintained on the same side

of the highway as the permanent structure devoted to industrial or

commercial purposes, an unzoned commercial or industrial area may

be established on the opposite side of a primary highway in an area

zoned commercial or industrial or in an unzoned area with the

approval of the state highway commission. A permanent structure

devoted to industrial or commercial purposes does not result in the

establishment of an unzoned commercial or industrial area on both

sides of the highway. All measurements shall be from the outer edge

of the regularly used building, parking lot or storage or

processing area of the commercial or industrial activity and not

from the property lines of the activities and shall be along or

parallel to the edge or pavement of the highway. Commercial or

industrial purposes are those activities generally restricted to

commercial or industrial zones in jurisdictions that have zoning.

In addition, the following activities shall not be considered

commercial or industrial:

(i) Agricultural, animal husbandry, forestry, grazing, farming

and related activities, including, but not limited to, wayside

fresh produce stands.

(ii) Transient or temporary activities.

(iii) Activities not visible from the main-traveled way.

(iv) Activities conducted in a building principally used as a

residence, or in a building located on property that is used

principally for residential purposes or for activities recited in

subparagraph (i).

(v) Railroad tracks and minor sidings.

(vi) Outdoor advertising.

(vii) Activities more than 660 feet from the main-traveled way.

(viii) Activities that have not been in continuous operation of

a business or commercial nature for at least 2 years.

(ix) Public utility facilities, whether regularly staffed or

not.

(x) Structures associated with on-site outdoor recreational

activities such as riding stables, golf course shops, and

campground offices.

(xi) Activities conducted in a structure for which an occupancy

permit has not been issued or which is not a fully enclosed

building, having all necessary utility service and sanitary

facilities required for its intended commercial or industrial use.

(xii) A storage facility for a business or other activity not

located on the same property, except a storage building having at

least 10 separate units that are available to be rented by the

public.

affix, attach, create, paint, draw, or in any other way bring into

being or establish.

(d) "Interstate highway" means a highway officially designated

as a part of the national system of interstate and defense highways

by the department and approved by the appropriate authority of the

federal government.

(e) "Freeway" means a divided highway of not less than 2 lanes

in each direction to which owners or occupants of abutting property

or the public do not have a right of ingress or egress to, from or

across the highway, except at points determined by or as otherwise

provided by the authorities responsible therefor.

(f) "Primary highway" means a highway, other than an

interstate highway or freeway, officially designated as a part of

the primary system as defined in section 131 of title 23 of the

United States Code, 23 ~~U.S.C.~~ USC 131, by the department and

approved by the appropriate authority of the federal government.

(g) "Main-traveled way" means the traveled way of a highway on

which through traffic is carried. The traveled way of each of the

separate roadways for traffic in opposite directions is a main-

traveled way of a divided highway. It does not include facilities

as frontage roads, turning roadways or parking areas.

(h) "Sign" means any outdoor sign, display, device, figure,

painting, drawing, message, placard, poster, billboard, or other

thing, whether placed individually or on a T-type, V-type, back to

back or double-faced display, designed, intended or used to

advertise or inform.

(i) "Sign structure" means the assembled components which make

up an outdoor advertising display, including but not limited to

uprights, supports, facings and trim. Such sign structure may

contain 1 or 2 signs per facing and may be double-faced, back to

back, T-type or V-type.

(j) "Visible" means a sign that has a message that is capable

of being seen and read by a person of normal visual acuity when

traveling in a motor vehicle.

(k) "Location" means a place where there is located a single,

double-faced, back to back, T-type, or V-type sign structure.

(l) "Maintain" means to allow to exist and includes the

periodic changing of advertising messages, customary maintenance

and repair of signs and sign structures.

(m) "Abandoned sign or sign structure" means a sign or sign

structure subject to the provisions of this act, the owner of which

has failed to secure a permit, has failed to identify the sign or

sign structure or has failed to respond to notice.

(n) "Department" means the state transportation department.

(o) "Adjacent area" means the area measured from the nearest

edge of the right of way of an interstate highway, freeway, or

primary highway and extending 3,000 feet perpendicularly and then

along a line parallel to the right-of-way line.

(p) "Person" means any individual, partnership, private

association, or corporation, state, county, city, village,

township, charter township, or other public or municipal

association or corporation.

(q) "On-premises sign" means a sign advertising activities

conducted or maintained on the property on which it is located. The

boundary of the property shall be as determined by tax rolls, deed

registrations, and apparent land use delineations. When a sign

consists principally of brand name or trade name advertising and

the product or service advertised is only incidental to the

principal activity, or if it brings rental income to the property

owner or sign owner, it shall be considered the business of outdoor

advertising and not an on-premises sign. Signs on narrow strips of

land contiguous to the advertised activity, or signs on easements

on adjacent property, when the purpose is clearly to circumvent the

intent of this act, shall not be considered on-premises signs.

(r) "Billboard" means a sign separate from a premises erected

for the purpose of advertising a product, event, person, or subject

not related to the premises on which the sign is located. Off-

premises directional signs as permitted in this act shall not be

considered billboards for the purposes of this section.

(s) "Secondary highway" means a state secondary road or county

primary road.

(t) "Tobacco product" means any tobacco product sold to the

general public and includes, but is not limited to, cigarettes,

tobacco snuff, and chewing tobacco.

Sec. 3. To improve and enhance scenic beauty consistent with

section 131 of title 23 of the United States Code, 23 ~~U.S.C.~~ USC

131, and to limit and reduce the illegal possession and use of

tobacco by minors, the legislature finds it appropriate to regulate

and control outdoor advertising and outdoor advertising as it

pertains to tobacco adjacent to the ~~interstate highway, freeway,~~

~~and primary highway systems, and outdoor advertising as it pertains~~

~~to tobacco on secondary highway, major street, and local roads~~

streets, roads, highways, and freeways within this state and that

outdoor advertising is a legitimate accessory commercial use of

private property ~~, is~~ and serves an important public need as an

integral part of the marketing function and an established segment

of the economy of this state. ~~In addition, the legislature finds it~~

~~appropriate to protect minors from exposure to advertising that~~

~~encourages them to illegally possess tobacco.~~

Sec. 4. This act regulates and controls the size, lighting,

and spacing of signs and sign structures in adjacent areas and

occupies the whole field of that regulation and control except for

the following:

(a) A city, village, township, or charter township may enact

ordinances to regulate and control the size, lighting, and spacing

of signs and sign structures , but ~~the ordinances~~ shall not

permit a sign or sign structure that is otherwise prohibited by

this act or require or cause the removal of lawfully erected signs

or sign structures subject to this act without the payment of just

compensation. A sign owner shall apply for an annual permit

pursuant to section 6 for each sign to be maintained or to be

erected within that city, village, charter township, or township. A

sign erected or maintained within that city, village, township, or

charter township shall also comply with all applicable provisions

of this act.

(b) A city, village, charter township, or township vested by

law with authority to enact zoning codes has full authority under

its own zoning codes or ordinances to establish commercial or

industrial areas and the actions of a city, village, charter

township, or township in so doing shall be accepted for the

purposes of this act. However, except as provided in subdivision

(a), zoning which is not part of a comprehensive zoning plan and is

taken primarily to permit outdoor advertising structures shall not

be accepted for purposes of this act. A zone in which limited

commercial or industrial activities are permitted as incidental to

other primary land uses is not a commercial or industrial zone for

outdoor advertising control purposes.

charter township that existed on March 31, 1972 and that prohibits

signs or sign structures is not made void by this act.

(d) A county, on its own initiative or at the request of a

city, village, township, or charter township within that county,

may prepare a model ordinance as described in subdivision (a). A

city, village, township, or charter township within that county may

adopt the model ordinance.

Sec. 6. A sign owner shall apply for an annual permit on a

form prescribed by the department for each sign to be maintained or

to be erected in an adjacent area where the facing of the sign is

visible from an interstate highway, freeway, or primary highway. A

~~sign owner shall apply for a separate sign permit for each sign for~~

~~each highway subject to this act from which the facing of the sign~~

~~is visible.~~ The owner shall apply for the permit for such signs

which become subject to the permit requirements of this act because

of a change in highway designation or other reason not within the

control of the sign owner within 2 months after the sign becomes

subject to the permit requirements of this act. The form shall

require the name and business address of the applicant, the name

and address of the owner of the property on which the sign is to be

located, the date the sign, if currently maintained, was erected,

the zoning classification of the property, a precise description of

where the sign is or will be situated and a certification that the

sign is not prohibited by section 18(a), (b), (c), or (d) and that

the sign does not violate any provisions of this act. The sign

permit application shall include a statement signed by the owner of

the land on which the sign is to be placed, acknowledging that no

trees or shrubs in the adjacent highway right-of-way may be

removed, trimmed, or in any way damaged or destroyed without the

written authorization of the department. The department may require

documentation to verify the zoning, the consent of the land owner,

and any other matter considered essential to the evaluation of the

compliance with this act.

Sec. 7. (1) A permit fee is payable annually in advance, to be

credited to the state trunk line fund. The fee is $100.00 for the

first year except that signs in existence prior to a highway's

change in designation or jurisdiction which would require signs to

be permitted shall only be required to pay the permit renewal

amount as provided in subsection (2). The department shall

establish an annual expiration date for each permit and may change

the expiration date of existing permits to spread the permit

renewal activity over the year. Permit fees may be prorated the

first year. An application for the renewal of a permit shall be

filed with the department at least 30 days before the expiration

date.

(2) For signs ~~greater than 8 square feet and~~ up to and

including 300 square feet, the annual permit renewal fee is $25.00.

For signs greater than 300 square feet, the annual permit renewal

fee is $40.00. Signs of the service club and religious category as

defined in rules promulgated by the department are not subject to

an annual renewal fee.

Sec. 11. A Unless the department has issued a vegetation

management permit under section 11a, a person who destroys trees or

shrubs within a highway right-of-way for the purpose of making a

sign, whether proposed or existing, more visible is guilty of a

felony punishable by imprisonment for not more than 2 years or a

fine of not more than $10,000.00, or both. If a court determines

that trees or shrubs within a highway right-of-way have been

removed without a vegetation management permit under section 11a by

the sign owner, the land owner, or an agent of either party for the

purpose of making a sign more visible, the sign shall be considered

illegal and the department may remove the sign pursuant to the

procedures contained in section 19.

Sec. 11a. (1) Beginning on the effective date of the

amendatory act that added this section through December 31, 2008,

the department is authorized to issue vegetation management permits

under this section to the owner of a sign subject to this act.

(2) A sign owner may apply to the department for a vegetation

management permit using the department's approved form. A sign

owner applying for a vegetation management permit shall submit a

vegetation management plan approved in writing by an arborist or

forester certified by the international society of arborculture or

a local chapter of the international society of arborculture. A fee

of $50.00 shall be paid to the department with each application.

The vegetation management plan shall clearly identify the

vegetation to be removed, trimmed, or relocated in order to permit

full visibility of the sign within the motorist viewing zone. The

vegetation management plan shall describe all recurring or periodic

trimming of vegetation that will be needed in the future to permit

visibility of the sign within the motorist viewing zone. The

vegetation management plan shall include a statement of the value

of any tree that is to be removed. The statement of the value shall

be determined by reference to the shade tree evaluation chart of

the Michigan forestry and parks association.

(3) No later than 60 days after the receipt of an application

for a vegetation management permit during the first 12 months after

the effective date of the amendatory act that added this section

and no later than 30 days for applications received more than 12

months after that date, the department shall issue a vegetation

management permit to the permit applicant unless the department

determines that the submitted vegetation management plan identifies

vegetation to be removed, trimmed, or relocated that does not

impair the visibility of any portion of the sign within the

motorist viewing zone. No vegetation management plan shall be

implemented before the applicant pays a fee to the department for

tree replacement in the amount identified in the vegetation

management plan statement of value of any tree that is to be

removed. If no trees are to be removed, no tree replacement fee

shall be paid. If the department takes no action on an application

within 30 days of receipt of the application, the applicant may

implement the vegetation management plan upon payment to the

department of the application fee and the tree replacement fee, if

applicable.

(4) A sign owner may apply to the department on a form

approved by the department for a vegetation management renewal

permit to perform recurring or periodic trimming of vegetation

described in a vegetation management plan previously submitted and

implemented in connection with the sign owner's vegetation

management permit. The department shall issue the renewal permit

within 15 days of receipt of an administratively complete renewal

application. No trimming in connection with a vegetation management

renewal permit shall be performed before the sign owner pays a plan

compliance fee of $50.00 to the department. The plan compliance fee

shall be used by the department to determine compliance with the

implemented vegetation management plan.

(5) All work performed in connection with a vegetation

management plan shall be performed at the sign owner's expense.

(6) The department shall not plant or authorize to be planted

any vegetation that impairs, or through expected normal growth will

impair in the future, the visibility within the motorist viewing

zone of any portion of a sign subject to this act.

(7) For purposes of this act, "motorist viewing zone" means

the area within the right-of-way between the main traveled way and

a sign for which a permit has been issued under section 6, for a

distance of 500 feet before a sign along primary highways and for a

distance of 1,000 feet before a sign along interstate highways and

freeways. Measurements shall be made in the manner provided in

section 17.

(8) If a sign owner removes vegetation not identified for

removal in a vegetation management plan, the sign owner shall pay

to the department a penalty of twice the value of the removed

vegetation.

Sec. 15. (1) All signs erected or maintained in business areas

or unzoned commercial and industrial areas shall comply with the

following size requirements and limitations:

(a) In counties of less than 425,000 population, signs shall

not exceed 1,200 square feet in area, including border or trim but

excluding ornamental base or apron, supports and other structural

members.

(b) In counties having a population of 425,000 or more, signs

of a size exceeding 1,200 square feet in area but not in excess of

6,500 square feet in area, including border or trim but excluding

ornamental base or apron, supports and other structural members,

shall be permitted if the department determines that the signs are

in accord with customary usage in the area where the sign is

located.

~~amendatory act that added this subdivision~~ March 23, 1999, signs on

a sign structure shall not be stacked 1 on top of another. For

signs erected prior to ~~the effective date of the amendatory act~~

~~that added this subdivision~~ March 23, 1999, the sign or sign

structure shall not be modified to provide a sign or sign structure

that is stacked 1 on top of another.

(2) Maximum size limitations shall apply to each side of a

sign structure. Signs may be placed back to back, side by side or

in V-type or T-type construction, with not more than 2 sign

displays to each side. Any such sign structure shall be considered

as 1 sign for the purposes of this section.

Sec. 16. (1) ~~In business areas or unzoned commercial or~~

~~industrial areas signs~~ A sign that is subject to this act may be

illuminated so as to ~~permit them to deliver the intended~~

~~advertising message~~ allow the sign to be seen and read but the

illumination shall not be ~~employed in such manner so as to prevent~~

so intense or brilliant ~~beams or rays of light from being directed~~

~~at any portion of the main-traveled way of the highway~~ that it

interferes with safe driving.

~~(2) A sign containing changing illumination shall not be~~

~~erected in any area except in an incorporated city or village over~~

~~35,000 in population where the department determines it is~~

~~consistent with customary usage in the area.~~

(2) ~~(3)~~ A sign shall not be so illuminated that it obscures

or interferes with the effectiveness of an official traffic sign,

device, or signal.

~~(4) All lighting shall be subject to any other provisions~~

~~relating to lighting of signs presently applicable to all highways~~

~~under the jurisdiction of the state.~~

Sec. 17. (1) Along interstate highways and freeways, a sign

structure located in a business area or unzoned commercial or

industrial area shall not be erected closer than 1,000 feet to

another sign structure on the same side of the highway.

(2) Along primary highways ~~within the limits of an~~

~~incorporated municipality~~ a sign structure shall not be closer

than 500 feet to another sign structure.

~~(3) Along primary highways in areas outside of the limits of~~

~~an incorporated municipality a sign structure shall not be closer~~

~~than 500 feet to another sign structure.~~

(3) ~~(4)~~ The provisions of this section do not apply to signs

separated by a building or other visual obstruction in such a

manner that only 1 sign located within the spacing distances is

visible from the highway at any time, provided that the building or

other visual obstruction has not been created for the purpose of

visually obstructing either of the signs at issue.

(4) ~~(5)~~ Along interstate highways and freeways located

outside of incorporated municipalities, a sign structure shall not

be permitted adjacent to or within 500 feet of an interchange, an

intersection at grade or a safety roadside rest area. The 500 feet

shall be measured from the point of beginning or ending of pavement

widening at the exit from, or entrance to, the main-traveled way.

(5) ~~(6)~~ Official signs as described in section 13(1)(a) and

on-premises signs shall not be counted nor shall measurements be

made from them for purposes of determining compliance with the

spacing requirements provided in this section.

(6) ~~(7)~~ The spacing requirements provided in this section

apply separately to each side of the highway.

(7) ~~(8)~~ The spacing requirements provided in this section

shall be measured along the nearest edge of the pavement of the

highway between points directly opposite each sign.

(8) ~~(9)~~ A sign that was erected in compliance with the

spacing requirements of this section that were in effect at the

time when the sign was erected, but which does not comply with the

spacing requirements of this section ~~as modified by the amendatory~~

~~act that added this subsection~~ after March 23, 1999, shall not be

considered unlawful as that term is used in section 22.

Sec. 18. The following signs or sign structures are

prohibited:

(a) Those which purport to regulate, warn, or direct the

movement of traffic or which interfere with, imitate, or resemble

any official traffic sign, signal, or device.

(b) Those which are not adequately maintained and in a good

state of repair.

painted or drawn upon rocks or other natural resources.

(d) Those which prevent the driver of a motor vehicle from

having a clear and unobstructed view of approaching, intersecting,

or merging traffic.

(e) Those which are abandoned.

(f) Those that involve motion or rotation of any part of the

structure, running animation or displays, or flashing or moving

lights. This subdivision does not apply to a sign or sign structure

with messages that change no more than once every 4 seconds if the

sign or sign structure is otherwise consistent with agreements

entered into between the department and the United States

department of transportation.

Sec. 18a. (1) Notwithstanding any other provision of this act,

beginning January 1, 2000, ~~a billboard~~ all billboards within this

state are subject to this act and shall not advertise the purchase

or consumption of tobacco products.

(2) Notwithstanding any other provision of this act, a person

who violates this section is responsible for a civil fine of not

less than $5,000.00 or more than $10,000.00 for each day of

violation. A civil fine collected under this section shall be

distributed to public libraries as provided under 1964 PA 59, MCL

397.31 to 397.40.

~~(3) As used in this section:~~

~~(a) "Billboard" means a sign separate from a premises erected~~

~~for the purpose of advertising a product, event, person, or subject~~

~~not related to the premises on which the sign is located. Off-~~

~~premises directional signs as permitted in this act shall not be~~

~~considered billboards for the purpose of this section.~~

~~(b) "Freeway" means a divided highway of not less than 2 lanes~~

~~in each direction to which owners or occupants of abutting property~~

~~or the public do not have a right of ingress or egress to, from, or~~

~~across the highway, except at points determined by or as otherwise~~

~~provided by the authorities responsible for the highway.~~

~~(c) "Interstate highway" means a highway officially designated~~

~~as a part of the national system of interstate and defense highways~~

~~by the department and approved by the appropriate authority of the~~

~~federal government.~~

~~(d) "Main-traveled way" means the traveled way of a highway on~~

~~which through traffic is carried. The traveled way of each of the~~

~~separate roadways for traffic in opposite directions is a main-~~

~~traveled way of a divided highway. It does not include facilities~~

~~as frontage roads, turning roadways, or parking areas.~~

~~(e) "Primary highway" means a highway, other than an~~

~~interstate highway or freeway, officially designated as a part of~~

~~the primary system as defined in section 131 of title 23 of the~~

~~United States code, 23 U.S.C. 131, by the department and approved~~

~~by the appropriate authority of the federal government.~~

~~(f) "Secondary highway" means a state secondary road or county~~

~~primary road.~~

~~(g) "Tobacco product" means any tobacco product sold to the~~

~~general public and includes, but is not limited to, cigarettes,~~

~~cigars, tobacco snuff, and chewing tobacco.~~

Sec. 19. (1) Signs and their supporting structures erected or

maintained in violation of this act may be removed by the

department in the manner prescribed in this section.

(2) There shall be mailed to the owner of the sign by

certified mail a notice that the sign or its supporting sign

structure violates stated specified provisions of this act and is

subject to removal. If the owner's address cannot be determined, a

notice shall be posted on the sign. The posted notice shall be

written on red waterproof paper stock of a size not less than 8 1/2

inches by 11 inches. The notice shall be posted in the area

designated by section 12 for the placing of permit numbers, in a

manner so that it is visible from the highway faced by the sign or

sign structure.

(3) If the sign or sign structure is not removed or brought

into compliance with this act within 60 days following the date of

posting or mailing of written notice or within such further time as

the department may allow in writing, the sign or sign structure

shall be considered to be abandoned.

(4) The department shall conduct a hearing pursuant to the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328, at which it shall confirm that the sign is abandoned, that

due process has been observed, and that the sign may be removed by

the department without payment of compensation and at the expense

of the owner. Signs or sign structures considered abandoned, and

any other sign or sign structure erected or maintained in violation

of this act that is not eligible for removal compensation as

provided in section 22, shall be removed by the department

forthwith or upon the expiration of such further time as the

department allows. The department may recover as a penalty from the

owner of the sign or sign structure , or, if he or she cannot be

found, the owner of the real property upon which the sign or sign

structure is located, double the cost of removal or $50.00,

whichever is greater.

(5) The department, its agents and employees, and any person

acting under the authority of , or by contract with the department

, may enter upon private property without liability for so doing in

connection with the posting or the removal of any sign or sign

structure pursuant to this act.

(6) The department may contract on a negotiated basis without

competitive bidding with a permittee under this act for the removal

of any sign or sign structure pursuant to this act.

(7) A sign or sign structure erected or maintained in

violation of this act is a nuisance per se. The department, before

or after a hearing is conducted, may apply to the circuit court in

the county in which a sign is located for an order to show cause

why the use of a sign erected or maintained in violation of this

act should not be enjoined pending its removal in accordance with

this section.

Enacting section 1. Section 25 of the highway advertising act

of 1972, 1972 PA 106, MCL 252.325, is repealed.

Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 567 of the 93rd Legislature is enacted into

law.