§ 6.9. Regulations for changing signs and signs employing changing sign technology.

(a)

Each message displayed on any changing sign display shall remain static for at least eight seconds following the completion of its transition from the previous message. As used in this subsection "static" shall mean a display that is fixed in one position with no portion of the display being in motion or changing in color or light intensity.

(b)

When a message is changed mechanically, the transition between a complete static display of the previous message and a complete static display of the next message shall be accomplished in three seconds or less. The transition period shall be measured as that period between any movement of any part of the display of the previous message and the time that the display of the next message is fully static.

(c)

When a message is changed electronically, the transition between a complete static display of the previous message and a complete static display of the next message shall be accomplished in two seconds or less. The transition period shall be measured as that period between the time that the previous message is static and fully illuminated and the next message is static and fully illuminated.

(d)

No changing sign may include animated, flashing, full-motion video, audio or pyrotechnics or other intermittent elements. The transition period between two fully illuminated static messages displays in an electronically changed sign shall not be considered an intermittent element so long as the purpose of the changing light intensity is to face or dissolve into the next message.

(e)

No changing sign may have any type of changing effect on the border of the sign that is not fully integrated with a static message display and which does not transition to the next static message display in the same manner as the rest of the display.

(f)

No display or other effect from any electronically changed sign shall cause a glare or other condition that impairs the vision of the driver of any motor vehicle or which otherwise interferes with the safe operation of a motor vehicle. Such display or effect shall be considered an acute traffic hazard and shall be subject to the regulations contained in this chapter.

(g)

An electronically changed sign which uses the scrolling of letters, numbers or symbols onto the sign face to form words or messages shall be allowed to appear on the sign face from only one direction for each static display. Messages transitions achieved by means of the scrolling of the letters, numbers or symbols shall be completed within two seconds and shall remain static for at least ten seconds following the completion of the transition from the previous message.

(h)

All signs shall appropriately adjust display brightness as ambient light levels change so that the brightness of the display does not cause a glare or other condition that impairs the vision of the driver of any motor vehicle or which otherwise interferes with the safe operation of a motor vehicle. The failure of an electronically changed sign to appropriately adjust display brightness as ambient light levels change shall be considered an acute traffic hazard and shall be subject to the regulations contained in this chapter.

(1)

Brightness. The sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum of 500 nits (candelas per square meters) between dusk and dawn.

(2)

Dimmer control. The sign must have an automatic dimmer control to produce a distinct illumination change as required.

(i)

No malfunction of a changing sign shall cause a glare or other condition that impair the vision of the driver of any motor vehicle. Any such condition resulting from a malfunction shall be considered an acute traffic hazard and shall be subject to the regulations contained in this chapter. The sign shall have an automatic default setting to a blank screen or standard text/image in case of malfunction.

(j)

Each property is allowed one "changeable electronic variable message sign" (CEVMS) which may have two faces on opposite sides of each other. Both shall be mounted exactly the same height and location back to back on the same structure.

(k)

Violations and penalties: Any person who shall intentionally, knowingly, recklessly, or with criminal negligence, violate any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense.

(l)

Nonconforming signs: All existing "changeable electronic variable message signs" (CEVMS) shall conform within six months from the date of adoption of this section.

(Ord. No. 2008-10, §§ 3—6, 11-18-08)