Section 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: (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.