10-13-05 Planning Comm. Agenda - Laserfiche WebLink

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permits at the outset. Moreover, most communities permit changing messages on signs displaying time and temperature, with no restrictions on timing. To apply a different standard to signs displaying commercial or noncommercial messages would be to regulate on the basis of the content of the sign, in violation of the First Amendment to the U.S. Constitution. The code technique of prohibiting "intermittent illumination" has its own limitations as it relates to electronic signs. The term "intermittent" suggests that the sign is illuminated at some times, and not illuminated at others. This is no basis to distinguish between an electronic sign and any other illuminated sign. Virtually all illuminated signs go through a cycle of illumination and non-illumination, as the sign is turned off during the day when illumination is not needed, or during the evening after business hours. If this were the standard, most sign owners would be guilty of a code violation on a daily basis. Other terminology may be used in sign codes, but the fact is that a regulation must be tailored to the evil it is designed to prevent. Community attitudes toward viewing digital images have changed nationwide, with personal computer use and exposure to electronic signs becoming widespread. People are simply accustomed to the exposure to such displays, more so than in years past. In some communities, there remains a concern about the potential that such signs may appear distracting, from a safety or aesthetic standpoint. Yet, static displays do not have this character, and even EMDs with moving text have not proven to have any negative impact. The real focus should be on the operations used for the change in message, and frame effects that accompany the message display. Many of these transition operations and frame effects are quite subtle, or otherwise acceptable from a community standpoint. It is now possible to define these operations, in the code itself, with sufficient specificity to be able to enforce th~ces -' what is acceptable and what is not. The critical regulatory factors in the display of electronic changeable message signs are: 1) Duration of message display, 2) Message transition, and 3) Frame effects. With the exception of those locations where full animation is acceptable,. the safety studies indicate that messages should be permitted to change at "reasonable intervals." Government users of signs have utilized 1-2 seconds on their own signs as a reasonable interval for message changes, and other communities permit very short display times or continuous scrolling on business signs without adverse effect. As a policy matter, some communities have elected to adopt longer duration periods, although to do so limits the potential benefits of using an electronic sign, particularly where messages are broken down into segments displayed sequentially on the sign. _,,/ The message transitions and frame effects are pro a y the greater focus, from a sign code standpoint. It is during the message transition or frame effect that the eye is most likely drawn to the sign. What is acceptable is a matter of community i 30- 10