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An Act To Permit the Use of Pictorial Graphics and Photographs on Changeable Signs
Sec. 1. 23 MRSA §1914, sub-§11-A, ¶A, as enacted by PL 2001, c. 268, §3, is amended to read:
(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 that 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 , a graphic element or pictorial or photographic image.
(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.
Sec. 2. 23 MRSA §1914, sub-§11-A, ¶B, as amended by PL 2005, c. 482, §3, is further amended to read:
(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. If a municipal ordinance is adopted, the municipality is responsible for the administration 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. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance. Notwithstanding this subparagraph, a municipality may not adopt an ordinance that allows the sign to flash or display continuous streaming of information or video animation; and
(3) May consist only of alphabetic or numeric text on a plain or colored background and may not include any graphic, pictorial or photographic images 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. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance.
Sec. 3. Application; existing ordinance. If an ordinance regulating changeable signs is in effect on the effective date of this Act, that ordinance continues in effect and is not superseded by the changes made in this Act.
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