"Electronic Message Device
(EMD)" means a sign with the capability of displaying words, symbols,
figures or images controlled by electronic communications.
"Blinking" means any form
of flashing where a pattern of sudden illumination changes occurs, excluding
the transition of electronic messages.
"Dissolve" means a mode
of message transition on an Electronic Message Device accomplished by varying
the light intensity or pattern, where the first message gradually appears to
dissipate and lose legibility simultaneously with the gradual appearance and
legibility of the subsequent message.
"Fade" means a mode of
message transition on an Electronic Message Device accomplished by varying the
light intensity or pattern, where the first message gradually reduces the
intensity to the point of not being legible and the subsequent message
gradually increases intensity to the point of legibility.
"Flashing" means any
pattern of changing light illumination where the sign illumination alternates
suddenly between fully illuminated and fully non-illuminated, excluding the
transition of electronic messages.
"Intermittent" means any
pattern of changing light intensity, other than that achieved with fade,
dissolve or instantaneous transitions or the temporary suspension of
"Malfunction" means any interruption in the normal display on
the Electronic Message Device that results in blinking, flashing, intermittent
or moving light display of lighting, and any other abnormal function of the
sign that would cause distraction to motorists.
"Moving light" means the
physical change in position of any visible illumination source while lighted or
the simulation of movement achieved with a pattern of sequentially illuminating
visible illumination sources within close proximity of each other.
All structures that display
electronic messages shall be subject to the provisions found in these
Regulations, and must be approved by permit prior to installation.
1) For permitted structures containing an
EMD, only one EMD shall be allowed per facing, and the EMD shall be the only
sign allowed on that facing.
Electronic message changes must be accomplished within an interval of two (2)
seconds or less.
3) The message or
image on an EMD must remain static for a minimum of eight (8) seconds or
4) EMDs shall contain a
default design that will freeze the sign in one position if a malfunction
occurs. The Department shall be provided with an on-call contact person and
telephone number for every permitted EMD. In the event of malfunction, the
contact person must have the ability and authority to make modifications to the
displays and lighting levels should the need arise. If modifications cannot be
made to correct the malfunction within a timely manner, then the EMD should be
disabled until the modifications are made. It shall be the responsibility of
the permittee to maintain accurate and current contact information.
5) Signs that contain, include, or are
illuminated by any flashing, intermittent, or moving light or lights, including
animated parts or scrolling messages or images, are prohibited, with the
exception of those giving public service information such as time, date,
temperature, and weather and/or similar information as approved by the
6) There shall be no
appearance of a visual dissolve or fading in which any part of one electronic
message/display appears simultaneously with any part of a following electronic
7) Should the
Department, in its discretion, find the EMD sign, or any display or effect
thereon, to cause glare or to impair the vision of the driver of any motor
vehicle or which otherwise interferes with the operation of a motor vehicle,
the owner of the sign shall, within twenty-four (24) hours after notification
by the Department, reduce the intensity of the sign to an acceptable level.
Failure to reduce lighting intensity on request may be cause for revocation of
8) A sign owner may
modify existing, legal, conforming structures to an EMD only after filing an
application and receiving approval by the Department.
9) Signs containing EMDs shall not be located
closer than 1,500 linear feet along Interstate highways and 1,000 linear feet
along non-Interstate state highways of another EMD when viewed from the same
direction of the traveled way.
EMDs shall comply with all other requirements of Federal and State Outdoor
Failure to adhere to any of these provisions may result in the revocation of
the EMD portion of the permit [following due process including notice to