Authority: IC
8-23-2-6;
IC
9-21-19-2
Affected: IC
8-23-20-25;
IC
8-23-20-25.5
Sec. 5.
(a) Only a
conforming sign may be modified to a changeable message sign. A nonconforming
sign may not be modified to a changeable message sign under any
circumstances.
(b) A changeable
message sign shall be constructed and used only as one (1) of the following:
(1) A single face sign.
(2) A V-shaped sign.
(3) A back-to-back sign.
A stacked sign or a side-by-side sign is not allowed as a
changeable message sign.
(c) The permittee shall provide the
department with up to two (2) contact persons and phone numbers for every
changeable message sign. The contact persons must have the ability and
authority to make modifications to the display and lighting levels upon request
by the department. The department may direct the permittee to disable the
changeable message sign:
(1) in cases of
emergency; or
(2) when the contact
persons do not respond to a department request relating to a malfunction within
forty-eight (48) hours.
(d) If the department determines that the
changeable message sign:
(1) impairs the
vision of the driver of any motor vehicle; or
(2) otherwise interferes with the operation
of a motor vehicle;
then upon request from the department, the permittee shall
take appropriate corrective action to fix the problem or cause the sign to be
frozen in a dark or blank position within twelve (12) hours. Failure to take
such appropriate corrective action within forty-eight (48) hours after a
department request to do so may result in revocation of the permit for this
sign.
(e)
Changeable message signs must possess and utilize a light sensing device with
automatic dimming capabilities to adjust the brightness of the sign, so that
the maximum luminescence level is not more than three-tenths (0.3) foot candles
over ambient light measured at a distance of:
(1) one hundred fifty (150) feet for those
sign faces less than or equal to three hundred (300) square feet;
(2) two hundred (200) feet for those sign
faces greater than three hundred (300) square feet, but less than or equal to
three hundred seventy-eight (378) square feet;
(3) two hundred fifty (250) feet for those
sign faces greater than three hundred seventy-eight (378) square feet, and less
than six hundred seventy-two (672) square feet; or
(4) three hundred fifty (350) feet for those
sign faces equal to or greater than six hundred seventy-two (672) square feet,
but sign face area cannot exceed one thousand (1,000) square feet.
In addition to the requirements in subdivisions (1) through
(4), signs under this subsection shall be configured to default to a static
display or freeze the sign in a dark or blank position in the event of a
malfunction.
(f)
A changeable message sign shall be operated with systems and monitoring in
place to either turn the display off or show a full black image in the event of
a malfunction.
(g) No changeable
message sign shall be located within three hundred (300) feet of any building
used primarily as a residence, unless the owner of the building consents in
writing to the location of the changeable message sign.