CHAPTER 195
H.P. 373 - L.D. 498
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §1914, sub-§11-A, as enacted by PL 2001, c. 268, §3, is amended to read:
11-A. Changeable signs. Notwithstanding subsection 6, paragraphs C and E, changeable signs are not prohibited as long as the sign complies with all the terms of this subsection. The Department of Transportation shall administer the provisions of this subsection unless the municipality in which the sign is located and the Department of Transportation have agreed in writing that the municipality shall oversee that particular sign.
A. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings.
(1) "Changeable sign" means an on-premise sign created, designed, manufactured or modified in such a way that its message may be electronically, digitally or mechanically altered by the complete substitution or replacement of one display by another on each side.
(2) "Display" means that portion of the surface area of a changeable sign that is, or is designed to be or is capable of being periodically altered for the purpose of conveying a message.
(3) "Lot of record" means a lot for which the deed was legally recorded, or which was created by a plan legally recorded, in the registry of deeds for the county where the lot is located. Contiguous lots of record in the same ownership are considered one lot.
(4) "Message" means a communication conveyed by means of a visual display of text.
(5) "Sign assembly" means the display, border, trim and all supporting apparatus, including posts, columns, pedestals and foundation.
(6) "Time and temperature sign" means a changeable sign that electronically or mechanically displays the time and temperature by the complete substitution or replacement of a display showing the time with a display showing the temperature.
B. The display on each side of a changeable sign:
(1) May be changed no more than once every 20 minutes, unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance;
(2) Must change as rapidly as technologically practicable, with no phasing, rolling, scrolling, flashing or blending, unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. Notwithstanding this subparagraph, a municipality may not adopt an ordinance that allows the sign to flash; and
(3) May consist only of alphabetic or numeric text on a plain background and may not include any graphic, pictorial or photographic images.
C. The display may comprise no more than 50% of the surface area of a changeable sign.
D. No more than one changeable sign with 2 sides is allowed per lot of record.
E. Changeable signs may not be located so that the message is readable from a controlled-access highway or ramp.
F. The highest point of the display of a changeable sign may not exceed a height of 25 feet above either the centerline of the nearest public way or actual ground level adjacent to the sign, whichever is lower.
G. Changeable message board signs existing in accordance with the requirements of former subsection 11 continue to exist if the signs:
(1) Are reasonably incapable of being modified or reprogrammed to comply with this section as amended; and
(2) Are not replaced, substantially rebuilt, reconstructed or repaired beyond routine maintenance.
H. The size, intensity of illumination and acceptable rate of change between the time display and the temperature display of a time and temperature sign must comply with rules, policies or guidelines adopted by the Department of Transportation. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A. Time and temperature signs erected prior to September 29, 1995 need not comply with those rules, policies or guidelines.
Effective September 17, 2005.
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