New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.13 - OFF-PREMISE CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS (CEVMS) - SPECIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 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.