A BILL TO BE ENTITLED
AN ACT authorizing TRANSIT SYSTEM benches and TRANSIT SYSTEM shelters ON highways WITHin cities.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 136 is amended by adding a new section to read:
"§ 136‑32.4.  Transit system shelters.
(a)	Definitions. – The following definitions apply in this section:
(1)	Transit system shelter. – A shelter, with or without a bench or a bin, located at transit stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities.
(2)	Commercial advertisement. – A printed or painted sign encouraging or promoting the purchase or use of goods or services.
(b)	Transit System Shelters Authorized. – Transit system shelters with or without benches or bins, including those on which commercial advertisements are placed, may be erected and maintained on the rights‑of‑way of public roads subject to the following conditions and requirements:
(1)	Any public transit system wishing to erect and maintain a transit system shelter on the right‑of‑way of a State or federal aid primary road shall apply to the Department for a permit, and as a condition of the issuance of the permit, the Department shall approve the transit system shelter building plans and the location of the transit system shelter on the right‑of‑way; provided, however, that approval is subject to all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations, relating to the federal aid system.
(2)	If the transit system shelter is to be located on the right‑of‑way of a public road other than a State or federal aid primary road within a municipality, application for permission to erect and maintain the shelter shall be made to the respective municipality. The application shall conform to the municipality's ordinances and rules governing the erection and maintenance of the structures. When the municipality is served by a public transit agency or authority, the applications for all transit system shelters on routes of that agency or authority shall also be forwarded by the applicant to the transit agency or authority and are subject to the approval of the agency or authority.
(3)	As a condition of issuing a permit for the erection of a transit system shelter on the right‑of‑way of a State or federal aid primary road, the Department shall require that the transit system shelter be properly maintained and that its location meet minimum setback requirements as follows:
a.	Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the transit system shelter, or the transit system shelter shall be placed at the back of the existing concrete sidewalk.
b.	Where no curb or gutter is present, the front of the transit system shelter shall be at least 10 feet from the edge of the main traveled roadway.
c.	Any transit system shelter erected and maintained on the right‑of‑way of a public road in violation of subdivision (2) of this subsection or in violation of the conditions of the permit issued by the Department or in violation of the conditions of the consent of the municipality is declared to be a public nuisance and, if it is determined to be a hazard to public safety by the Department or the municipality, it may be removed or its removal may be ordered by the Department or the governing authority of the respective municipality. In every case of removal of a transit system shelter as a hazard to public safety by the Department or municipality, a good faith attempt shall be made to notify the owner of its removal. In cases where the Department or municipality orders the removal of the transit system shelter as a public nuisance, if a transit system shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the Department or the governing authority of the respective municipality, the Department or the governing authority of the respective municipality may cause the transit system shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the transit system shelter. In the case of a statement of expenses for removal of a shelter on a State or federal aid primary road, if payment or arrangement to make payment is not made within 60 days after the receipt of the statement, the Department shall certify the amount of the payment due to the Attorney General for collection.
d.	The person to whom a permit has been issued for the erection and maintenance of a transit system shelter on the right‑of‑way of a public road or who places the shelter on a public road other than a State or federal aid primary road shall at all times assume all risks for the transit system shelter and shall indemnify and hold harmless the State, the Department, and any municipality against all losses or damages resulting solely from the existence of the transit system shelter. Any person who erects and maintains a transit system shelter pursuant to this section shall carry sufficient liability insurance to cover claims resulting from accident or harm.
e.	Permits for shelters on State or federal aid primary roads shall be issued under this section only to municipalities or public transportation authorities owning or operating public transportation systems or their designated agents.
(c)	Compliance with Federal Law. – This section shall not apply if the Department receives written notification from the applicable federal authority that compliance will directly cause denial of federal moneys that would otherwise be available or would otherwise be inconsistent with federal law, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal law."
SECTION 2.  This act is effective when it becomes law.