Current through Register Vol. 35, No. 6, March 26, 2024
A. The
use of changeable electronic variable message sign (CEVMS) technology, shall
not, in itself, constitute the use of flashing, intermittent or moving light or
lights.
B. Off-premise changeable
electronic variable message signs (CEVMS) shall be allowed, regardless of the
technology used, provided such signs shall:
(1) utilize only one (1) advertisement at any
given time for each advertising face, and do not display, contain or utilize
multiple advertisements or displays;
(2) contain a static display that shall
remain for no less than eight (8) seconds in duration;
(3) achieve a transition to another static
display in less than two (2) seconds and shall not contain or utilize
transitional elements or any movement at all between copy changes, except
tri-vision signs;
(4) not
incorporate or display any illumination that changes in intensity during the
static display or transition period as described above;
(5) change copy uniformly in a fluid,
seamless transition not capable of being detected, except tri-vision
signs;
(6) not exceed a maximum
surface area of six hundred seventy-two (672) square feet per advertising face,
with a maximum length of forty-eight (48) feet and a maximum height of fourteen
(14) feet; length and height measurements shall include border and trim, but
shall not include any ornamental base or apron support;
(7) not be placed within one thousand (1,000)
feet of another off-premise changeable electronic variable message sign on the
same side of the highway, regardless of face orientation, except for those
tri-visions signs lawfully permitted and erected prior to the effective date of
this rule;
(8) not contain or
include any advertisements that employ the use of intermittent or flashing
light or lights or that are illuminated by intermittent or flashing light or
lights;
(9) not include animated,
flashing, scrolling, or full-motion video elements, and may not incorporate or
display segmented or traveling advertisements;
(10) be shielded so as to prevent light from
being directed at any portion of the main-traveled way, or if not so shielded,
are of such low intensity or brilliance so as not to cause glare or impair the
operation of a motor vehicle or violate the New Mexico Night Sky Protection
Act, Sections
74-12-1 et
seq., NMSA 1978, to the extent it applies;
(11) have brightness levels capable of being
measured and such brightness shall be limited to an acceptable, safe level or
measurement, as follows: CEVMS shall utilize automatic dimming technology to
adjust the brightness of the sign relative to ambient light so that at no time
shall a sign exceed a brightness level of three tenths (0.3) foot candles above
ambient light, as measured using a foot candle meter and in conformance with
the following process: light measurements shall be taken with the meter aimed
directly at the advertisement or sign face, or at the area of the sign emitting
the brightest light if that area is not the advertisement or sign face;
measurements shall be taken as follows:
|
Table: CEVMS Sign Brightness
|
|
Sign Face Area
|
Distance of Measurement
|
|
681-1200 sq. ft.
|
350 feet
|
|
385-680 sq. ft.
|
250 feet
|
|
300-384 sq. ft.
|
200 feet
|
|
200-299 sq. ft.
|
150 feet
|
|
150-199 sq. ft.
|
136 feet
|
|
125-149 sq. ft.
|
118 feet
|
|
100-124 sq. ft.
|
107 feet
|
|
75-99 sq. ft.
|
96 feet
|
|
50-74 sq. ft.
|
83 feet
|
|
35-49 sq. ft.
|
67 feet
|
|
25-34 sq. ft.
|
56 feet
|
|
15-24 sq. ft.
|
47 feet
|
|
1-14 sq. ft.
|
36 feet
|
(12)
not incorporate, utilize or emit any sound or noise capable of being detected
or emit any smoke, scent or odors;
(13) not contain, incorporate or utilize any
interactive component or medium, and not interact or interface with drivers,
pedestrians or the general public;
(14) not interfere with or direct, or attempt
to direct, the movement of traffic, or resemble or simulate any warning or
danger signal, or any official traffic control device, and not contain wording,
color, shapes or likenesses of official traffic control devices;
(15) contain a default mechanism so that in
the event 50% or more of a sign has failed, the sign will immediately revert to
a black screen and remain in such condition until the malfunction is corrected;
in all such cases, the malfunctioning sign must be expediently
repaired;
(16) utilize sufficient
safeguards to prevent unauthorized access, use or hacking of changeable
electronic variable message signs and related technology, including
infrastructure, hardware, software and networks, by unauthorized
users;
(17) be continuously
monitored twenty-four (24) hours per day by the device owner or the permit
holder, including monitoring of hardware, software, network and other
infrastructure; and
(18) comply
with all applicable provisions, restrictions and prohibitions regarding outdoor
advertising devices contained in federal and state law.
C. With the exception of tri-vision signs
legally permitted and erected prior to the effective date of this rule, any
changeable electronic variable message sign existing prior to the effective
date of this rule, 18.21.5 NMAC, shall conform with this section within sixty
(60) days of the effective date of this section or such changeable electronic
variable message sign shall be deemed illegal and non-compensable and subject
to removal by the department at the expense of the sign owner pursuant to the
provisions of 18.21.5.33 NMAC.
