700 CMR 3.17 - Requirements for Electronic Sign Permits
(1) Permits for Electronic Signs require the
prior written approval of the municipality wherein the proposed sign will be
located unless otherwise exempted by State law.
(2) Except as otherwise prohibited by Federal
or Massachusetts law and regulations, or local ordinances or zoning
regulations, permits for Electronic Signs may be issued provided such sign
complies with all of the following:
(a) Each
static display must last at least ten seconds.
(b) Achieves an instant message
change.
(c) Does not display
illumination that moves, appears to move or changes in intensity during the
static display period. This does not include changes to a display for time,
date and temperature.
(d)
Automatically adjusts the intensity of its display according to natural ambient
light conditions.
(e) The
brightness of an Electronic Sign shall not exceed 0.3 foot candles above
ambient light, as measured using a foot candle meter at a pre-set distance.
Distances to measure the foot candle impact vary with the expected viewing
distance of each size sign. Measurements should be taken perpendicular to the
face. Measurement distance criteria:
Face Size |
Distance to be measured from |
12 x 25 |
150 feet |
10'6 x 36 |
200 feet |
14 x 48 |
250 feet |
20 x 60 |
350 feet |
(3) A permit issued pursuant to 700 CMR 3.17
shall indicate that it is for an Electronic Sign. Any such permit is determined
to not be prohibited by any agreement between the Department and the Secretary
of Transportation of the United States. All regulations provided by
700 CMR 3.00 are applicable to
Electronic Signs except where specifically stated in 700 CMR 3.17. In the event
a provision of 700 CMR 3.17 conflicts with another section of
700 CMR 3.00, 700 CMR 3.17
controls.
(4) A legally conforming
sign may be modified to an Electronic Sign if a new permit for the Electronic
Sign is obtained by the Department. Non-conforming and/or Grandfathered signs
shall not be eligible for electronic sign conversion or permitting.
(5) Electronic Signs shall not:
(a) Emit any sound;
(b) Cause beams or rays of light to be
directed at any portion of the traveled way, which beams or rays are of such
intensity or brilliance as to cause glare or to impair the vision of the driver
of any motor vehicle or otherwise interfere with the operation of a motor
vehicle;
(c) Obscure or interfere
with the effectiveness of an official traffic sign, device or signal, or cause
an undue distraction to the traveling public;
(d) Contain more than one face visible from
the same direction on the traveled way;
(e) Obscure or otherwise interfere with a
motor vehicle operator's view of approaching, merging or intersecting
traffic;
(f) Be within 500 feet of
any type of permitted sign regardless of which direction the sign is intended
to face;
(g) Be within 1000 feet of
another off premise permitted Electronic Sign on the same side of the traveled
way regardless of which direction the sign is intended to face;
(h) Be within 1000 feet of another off
premise permitted Electronic Sign on the opposite side of the traveled way
regardless of which direction the sign is intended to face;
(i) Contain flashing, intermittent, or moving
lights; or display animated, moving video or scrolling advertising.
(j) Subject to approval of the Department,
spacing between electronic signs may not apply where they are separated by a
building or other obstruction or the geometry of the roadway is such that only
one sign is visible from any point on the public way at any one time.
(6) Subject to approval of the
Department, the 1000 foot spacing requirement between electronic signs may not
apply where a proposed sign and an existing sign are separated by a building or
other permanent obstruction or the geometry of the roadway is such that the
motorist can only view one sign at any point on the public way at any one
time.
(7) All Electronic Signs
shall contain a default design that will freeze the sign in one position if a
malfunction occurs.
(8) If the
Department finds that an Electronic Sign or display causes glare or impairs the
vision of the driver of any motor vehicle or otherwise interferes with the safe
operation of a motor vehicle, upon request, the permit holder shall within 24
hours reduce the intensity of the sign to a level acceptable to the
Department.
(9) In addition to any
municipal requirement, the Department may impose any restriction as to the
hours of operation for each Electronic Sign.
(10) The permit holder of an Electronic Sign
shall coordinate with governmental authorities, through the Department's
Division of Highways to display, when appropriate, emergency information
important to the traveling public, such as Amber Alerts or other public safety
alerts. Emergency information messages shall remain in the advertising rotation
according to the protocols of the agency that issues the information, or
protocols established by the Department's Division of Highways.
(11) The permit holder shall provide the
Director with contact information for a person who is available 24 hours a day,
seven days a week to turn off the Electronic Sign promptly if a malfunction
occurs. The sign shall contain a default mechanism that freezes the sign in the
event of a sign malfunction.
(12)
The permit holder shall designate a minimum of 15 hours per month of total
advertisement time per permit to the Department for Public Service Announcement
(PSA) purposes. Said time shall be equally distributed throughout the hours of
operation of the Electronic Sign. The permit holder shall submit a detailed
proof of play (POP) report each month to the Director to verify that PSA's are
being displayed. The Director shall determine the total number of PSA's to be
aired each month and will coordinate with the permit holder for their sign. POP
reports are due by the fifth day of each month for the prior month of play.
Failure to submit a POP report or failure to adhere to the minimum PSA
requirement may result in a fine or revocation of permit/s.
Notes
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