PURPOSE:

At the City Council meeting of January 11, 2005, questions were raised about the regulation of flashing signage. While the questions raised were the result of activities occurring at a specific location within the City, the purpose of this report is to summarize the manner in which flashing and blinking signage is regulated in the City.

DISCUSSION:

Blinking and flashing signage, like other forms of advertising, is utilized to grab a person�s attention to a particular activity or location.  The ability of such signage to attract the attention of passersby is also a primary reason for their regulation, as they could conceivably distract drivers and negatively impact traffic circulation and safety. Blinking and flashing signage is also regulated for the aesthetic impacts that they create in an area.

Section 31-1013(11) of the Burbank Municipal Code generally prohibits signs that �blink or flash on or off or vary regularly in luminescent intensity.� (Exhibit A) However, the Code provides for certain exceptions to this restriction for holiday decorations, signs which indicate time and/or temperature, and electronic message boards for hotels with 250 rooms or more. The City Attorney has opined that the term �regularly� means more than once within a twenty-four (24) hour period.

For the most part, the City�s sign ordinance (Article 10 of the Zoning Ordinance) does not address the materials utilized for signs. Rather, the sign ordinance regulates the size, position, and operational characteristics of signs. Thus, while the Municipal Code restricts blinking and flashing, no restrictions are placed on the use of electronic displays for static signs. As such, the City would permit the installation of an electronic reader board or light emitting diode (LED) display which could, contrary to Code, be programmed to have blinking or flashing elements.

Furthermore, the Municipal Code allows for certain exceptions to the use of blinking or flashing signage, such as holiday decorations and time/temperature displays. Under the Planning Division�s interpretation of the ordinance, the exemptions only apply to these elements. Thus, a business owner could not intermittently change the copy of sign between the name of the business and the time and temperature. Rather, the name of the business would be required to remain static while the time and temperature portions of the sign could change copy.  

CONCLUSION:

Should the Council wish to place this matter on a future agenda for further discussion, staff will provide a detailed report addressing the types of changes that could be made to further regulate electronic signage which may have the potential to flash or blink. Based upon this analysis, staff will make the appropriate recommendation to the City Council on how to proceed with this topic.

RECOMMENDATION:

If the Council wishes to agendize this matter for further discussion, staff recommends that the Council direct staff to prepare a report outlining the issues related to regulation of signs that have the ability to flash and blink and schedule this item for the earliest possible date given the time that will be necessary to compile the necessary data and prepare a comprehensive report.

Exhibit A          Sign Ordinance

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