PURPOSE:

At the City Council meeting of March 1, 2005, a brief summary was presented regarding the City of Burbank�s regulation of blinking and flashing signage.  At that time, staff was directed by the City Council to prepare a detailed report on issues related to the regulation of electronic signage in general. 

BACKGROUND:

Section 31-1013(11) of the Burbank Municipal Code (BMC) generally prohibits signs that �blink or flash on or off or vary regularly in luminescent intensity�.  The City Attorney has, in the past, opined that the term �regularly� means no more than once within a 24-hour period.  The City Attorney�s opinion of the term �regularly� has not been codified.  The City Attorney�s office is currently reconsidering their interpretation of this terminology.  The BMC allows exceptions to this restriction for holiday decorations, signs indicating time and/or temperature only, and electronic message boards for hotels having 250 rooms or more.

BMC Section 31-1013(12) prohibits signs having �visible moving, revolving or rotating parts, or visible movement of any kind.� This may be achieved by wind, electrical, electronic, mechanical, or any other means. The BMC allows exception to this restriction for movable hands on clocks, signs which indicate only time and/or temperature, hotel electronic message boards pursuant to Section 31-1013(11), media district displays pursuant to Section 31-1008(10), and holiday decorations specifically allowed pursuant to Sections 31-1007(8) and 31-1008(8).  Under this provision, unless specifically exempted, movement is prohibited entirely.  There is no allowance for change once in a 24-hour period as allowed under Section 31-1013(11).

While the City�s sign ordinance (Article 10 of the Zoning Ordinance) regulates the size, placement, and operational characteristics (e.g. blinking, flashing, movement) of signs, it does not generally address the materials used for signs.  No restrictions are placed on the technological components for static signs.  As such, the City would permit the installation of an electronic message board or light emitting diode (LED) display, which could be programmed to have blinking or flashing elements, or vary in luminescent intensity in excess of what is allowed. 

The Evolution of the Electronic Sign

The definition of the electronic sign is constantly changing because technology is almost always changing.  In recent decades, the electronic sign has evolved to include a variety of displays: the time and temperature sign, �ticker� or �zipper� displays using regular lights, electronic message boards, LED technology, and video displays.

In the 1920�s, one of the first message boards was installed along the 800 foot base of the New York Times building in New York City.  The New York Times announced the sign�s debut in its November, 1928 edition, with the caption �HUGE TIMES SIGN WILL FLASH NEWS�.  The board was an immediate success and the following year it first announced the polling results from the Herbert Hoover-Al Smith presidential election; it would later scroll President Roosevelt�s fireside chats.  However, in an era when television, email, and cellular phones were absent from society, the electronic message board provided an invaluable public information service. Electronic message signs are no longer used solely to provide news and information.  Instead, they are utilized by businesses to promote special activities, sales, films, clothing lines, or network programming.

More recent advances in display technology and declining costs have resulted in outdoor advertising with sharper resolution and imaging capabilities.  LED�s are semi-conductors that emit a narrow spectrum of light.  As mentioned above, electronic message and LED signs can vary in intricacy.  Some signs are small, light emitting matrices presented against a dark background.  Others have the capability to present images that are rich in realistic motion, with fine detail and an assortment of color. Advantages of LED technology include their small size, low power requirement, high efficiency, color variety, and increased brightness.  Although electronic message boards do not necessarily use LED technology, these advances have resulted in more sign professionals choosing to do so.  Further, older electronic message signs using technology other than LED may still have some of the same impacts as LED technology due to their brightness and colors.

The City of Burbank currently has two LED message signs (aside from signs on Burbank Unified School District property, which are not regulated by the Sign Ordinance) (Exhibit A).  The first is located at an auto lube facility at the intersection of Hollywood Way and Chandler Blvd.  The second is located at the IKEA on San Fernando Blvd.  To reiterate, under the City�s current code provisions, these signs cannot flash, blink, or vary in luminous intensity more so than once every 24-hours.  The LED sign owned by the auto lube facility had been programmed to change its text, in violation of BMC.  Enforcement action was taken by the City and the issue was resolved.  Staff has also observed the sign at IKEA to blink, flash, and regularly change its text throughout the day.  Enforcement action is being taken and IKEA management has been informed that the sign must be static.  In addition to these two LED signs, the Hilton hotel on Hollywood Way has an electronic message sign.  This sign is allowed to blink and flash under the Code because it is a hotel with 250 rooms or more.  Aside from the three message board signs, there are several time and temperature display boards in the City.  These are specifically allowed by Code to blink and flash.  The Colony Theater Company has inquired about the possibility of using an LED sign.  Staff has informed the theater that if this type of sign were to be installed it would not be allowed to blink, flash, move, or regularly change its text. 

ANALYSIS:

Staff conducted a great deal of research regarding the regulation of electronic message and LED signs.  However, the majority of literature available on electronic message and LED signs is in reference to their use in conjunction with or as billboards.  This is not applicable to the City of Burbank.  BMC Section 31-502 prohibits advertising signs & structures (billboards) in all zones in the City of Burbank.  Additional information addresses the use of electronic message and LED signs that blink and flash, which again is already addressed in municipal code.  As previously detailed, Section 31-1013(11) of the Burbank Municipal Code (BMC) generally prohibits signs that �blink or flash on or off or vary regularly in luminescent intensity�. 

Applicable Sign Regulations in Neighboring Cities

In the absence of relevant research, staff surveyed a number of adjacent communities to see if and how their sign codes address electronic signs.  It should be taken into consideration that communities may define their signage very differently from one another.  For example, the definition of an electronic message board in Culver City may be similar in definition to an animated sign in San Gabriel.  However, all of these signs fall within the broad category of �electronic signs� discussed in this report.

Anaheim

The City of Anaheim defines an electronic message board or electronic reader board as, �a changeable copy sign where the copy is displayed or changed by electronic means.�  These signs may be permitted with a conditional use permit for amusement facilities, theaters, lodging facilities, automobile dealerships (minimum three (3) acre site), commercial retail centers (minimum 25 acre site) or .uses identified as being for community and religious assembly.  Electronic message or reader boards are prohibited for all other uses. The City of Anaheim also prohibits signs that blink, flash, or vary in color or luminescent intensity resulting in glare, momentary blindness, disability, or discomfort to persons on adjacent properties or driving by. 

Culver City

Culver City defines the electronic message sign as, �a sign with a message comprised of letters, numbers, or other characters that are electronically changed to display different messages.�  Culver City allows electronic message signs to be displayed only if the information displayed is public information.  Public information displayed may contain no brand, trade, identification, promotion, advertising, or operational information related to a business.

Glendale

The City of Glendale does not have a definition for the electronic message or LED sign.  The City of Glendale includes electronic message and LED signs in their definition of animated signs, which are �designed and constructed to give a message through a sequence of progressive changes of parts by action or motion, flashing or color changes requiring electrical or manual energy.�  The City of Glendale prohibits animated signs.  Time and/or temperature displays and public service signs are excluded from this prohibition.  The City of Glendale does have an electronic message sign that can be easily seen from the adjacent freeway.  According to Glendale staff, this sign was permitted by a variance.  Furthermore, following installation of the sign, there was concern about the brightness of the sign, and it was required that the brightness level be reduced.

Monrovia

The City of Monrovia does not have a definition for the electronic message sign.  However, according to planning staff, they do have provisions in their municipal code permitting freestanding �public service signs�, similar to electronic message signs, with approval of a conditional use permit.  Monrovia has three (3), double faced electronic message signs.  They are located adjacent to the freeway and owned by automobile dealerships.  The signs are not to exceed 35 feet in height and 125 square feet per face. 

Pasadena

The City of Pasadena does not have a definition for the electronic message or LED sign. The City of Pasadena prohibits animated or moving signs, defined as, �a sign that uses movement, lighting, or special material to depict action or create a special effect to imitate movement.�  The City of Pasadena prohibits signs that blink, flash or move in any manner.  However, the City of Pasadena allows time and/or temperature displays.  Planning staff stated that, in many cases, LED technology is being used to replace neon tubing or channel letters as the primary light source, but the sign must remain static. 

San Gabriel

The City of San Gabriel does not have a definition for the electronic message or LED sign.    The City of San Gabriel prohibits animated signs, defined as, �any sign which has any visible moving part, flashing lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means.�  Time and/or temperature and public service displays are excluded.  As with Pasadena, planning staff stated that LED technology is being used replace neon tubing or channel letters, but the sign must remain static, with no blinking or flashing. 

Santa Ana

The City of Santa Ana does not have a definition for the electronic message board or LED sign.  In addition, the City of Santa Ana does not specifically prohibit electronic message board, LED, or animated signs.  The City of Santa Ana, like most of the aforementioned municipalities, prohibits signs that move or give the illusion of movement (excluding time and/or temperature or public service displays).  However, the City of Santa Ana has two additional safety provisions in their municipal code deterring these types of signs.  Signs may not be dangerous or confusing to motorists on the public right-of-way or cause a condition that presents a danger or injury to the public.  These provisions may be used as needed to prohibit the placement of electronic message or LED signs.

West Covina

The City of West Covina defines a reader board sign as, �a sign designed to allow the changing of copy through manual, mechanical, or electrical means.�  In order to install a reader board sign, one must receive approval through a sign exception review process and file for an administrative use permit. 

Some cities specifically address electronic message and LED signs through their sign regulations.  Other cities may not explicitly define electronic message and LED signs, but do utilize regulations similar to Burbank�s to prohibit blinking, flashing, and/or moving signs.  These regulations effectively control most types of electronic signs occurring in the City of Burbank or, at minimum, require them to remain static.  Staff also notes that other cities utilize similar regulations to Burbank�s in that they exempt time and/or temperature displays and certain additional uses (hotels having more than 250 rooms in Burbank�s case).

It would seem that many communities do not allow for electronic message and LED signs.  However, these signs are still present in many communities.  That is because many communities do allow these signs through some discretionary process such as a conditional use permit, variance, or planned development.  The City of Glendale is an excellent example; as noted above, they have an electronic message sign permitted by a variance.  An applicant could apply to have a moving or flashing sign in Burbank through the sign variance process.  In addition, many communities use master sign or unique sign programs to allow for signs that might not normally be permitted.  Such programs can be used for signs that are unique in nature, aesthetically pleasing, compatible with the land use or adjacent land uses, or providing a public service.  Burbank has used the master sign program in conjunction with some planned development projects in lieu of the sign variance process to allow special or unique signage for unique development projects.

A Question of Regulation

The BMC contains language that prohibits the blinking, flashing, movement or regular variation in luminescent intensity of signs.  Future regulation of electronic message and LED technology depends largely upon the concerns of Council.  There exists an opportunity to make adjustments to code language and tighten up signage regulations where applicable, but generally the City of Burbank�s sign ordinance addresses the operational characteristics of signs.  Two issues are subject to discussion: given that electronic message and LED signs have the capability to flash, blink, move, etc, should they be prohibited to avoid enforcement problems?  In addition, are electronic message and LED signs a concern regardless of enforcement as a result of the aesthetic and safety impacts they impose?

Enforcement

The City of Burbank currently has two electronic message or LED signs that are specifically prohibited by code from blinking, flashing, or varying regularly in luminescent intensity.  As noted above, both of these signs have been programmed by their owners to flash, blink, and scroll in contrast to code provisions.  From an enforcement perspective, this creates cause for concern.  While the City of Burbank restricts certain activities of the sign (flashing, blinking, moving, etc.), the City would still permit the installation of an electronic message or LED sign which has the potential to be programmed to perform operations contrary to Code.

The underlying technology of electronic message and LED signs provides for the same elements the Municipal Code is prohibiting (blinking, flashing, movement).  Subsequent signs can be permitted and conditioned not to blink or flash, but they would still have the technology to do so.  This could result in a major code enforcement issue. Existing businesses with electronic message or LED signs have been observed to be in violation of BMC provisions.  As it was previously mentioned in this report, as sign technology has improved, costs have declined.  As the use of this technology increases, so too may code enforcement issues. 

Code enforcement is also complicated because certain electronic message and LED signs are permitted for holiday decorations, signs indicating time and/or temperature only, and electronic message boards for hotels having 250 rooms or more.  These signs are allowed to blink, flash, move, and regularly change their text.  If electronic message and LED signs were to be prohibited, staff would seek direction on whether time and/or temperature displays and electronic message boards for hotels having 250 rooms or more would continue to be exempted from current municipal code provisions. 

Aesthetics

In many communities, even in those where electronic message and LED signs are prohibited, the illumination of signs is regulated to mitigate negative impacts on surrounding rights-of-way and adjacent properties.  This is done by regulating the colors used in signs and the allowed brightness of the light source.  Even when electronic message or LED signs are static, and in compliance with code, they may constitute an aesthetic burden to the adjacent area due to their brightness and/or colors used.  Electronic message boards and LED technology utilize a variety of colors.  Of greater concern than color variety is the brightness of signs and the ability of that brightness to be directed onto adjacent properties and rights-of-way.  However, a number of factors impact how brightness of electronic message and LED displays is measured and regulated and enforcement could prove difficult.  For example, Glendale staff indicated that they had no means of measuring the brightness of their electronic message board sign.  The sign as installed was determined to be too bright and the owner of the sign was asked to reduce the brightness, but specific brightness levels were not discussed.  This type of negotiated brightness level may be possible through a variance process where the City can control brightness through conditions of approval.  For signs that are allowed by-right however, staff believes that some brightness standards would have to be developed to allow for effective enforcement.  Even with such standards in place, enforcement would likely be difficult.

Driver Distraction

The Police Department was contacted to seek input regarding electronic message and LED signs.  Police staff stated that, in the broadest sense, electronic message and LED signs are a distraction to drivers. Although staff did not have any accessible facts or figures upon which to base that opinion, staff stated common sense would imply that they are a source of distraction to already pre-occupied drivers.  Police staff further stated that their stance is to promote as safe a driving environment to the citizens of Burbank as possible. 

The Public Works Traffic Engineering Division was also contacted to seek input regarding electronic message and LED signs.  Traffic staff stated their belief that electronic message boards and LED signs are generally distracting to drivers due to their brightness and their ability to blink and flash.  Staff stated that if electronic message and LED signs, (1) could be guaranteed to remain static, and (2) could be regulated for luminescent intensity to acceptable levels; then they would not be a distraction.  However, there are many factors that affect the brightness of a sign including the size of the sign, the type of materials used, the distance between the vehicle and the sign, and the angle between the vehicle and the sign.  Staff believes that it would be very difficult to try to regulate the brightness of LED signs and to ensure that the acceptable brightness level was maintained once the sign was installed.

Much of the literature available for study is inconclusive about the role of electronic message or LED signs in causing auto crashes.  The National Highway Traffic Safety Administration (NHTSA) stated that distraction by sources external to the vehicle accounted for 3.2 percent of vehicular crashes.  The study, however, did not identify the external objects at fault, nor did it admit that electronic billboards were to blame, but generally stated that external sources can distract drivers so much so as to result in a crash. 

In conclusion, although the Police Department and Public Works Traffic Engineering Division are concerned about impacts to motorists from electronic signs, there is an absence of research supporting these findings.  In addition, enforcement of brightness requirements, which is one of the major distraction concerns, could prove difficult for staff.  Staff is not yet prepared to recommend against these signs based on traffic reasons alone.  However, if Council in concerned about electronic message and LED signs from an aesthetic standpoint, that could still constitute a reason to prohibit the signs. 

CONCLUSION:

How to best address the future regulation of electronic message and LED signs depends upon Council�s concerns, and whether the concerns are about the enforcement aspect of blinking, or about signs in general with or without blinking.  Staff believes that one potential solution to this problem is codifying the opinion of the City Attorney�s office, that being that the term �regularly� means occurring no more than once in a 24-hour period.  If a business is changing their message more than once or multiple times during a 24-hour period, code enforcement action can be brought against the business.  However, this does nothing to physically prevent blinking or flashing of signs, since the underlying technology would still allow this to occur.  Staff believes that along with the 24-hour standard, the existing code prohibitions against blinking, flashing, moving, and varying in intensity are adequate to regulate moving image and changing text signs.  Enforcement of these provisions is the concern.

The above approach would not mitigate any traffic safety or driver distraction problems that may result from the use of electronic message and LED signs, nor would it address the aesthetic effects that may result from the brightness or colors of electronic message or LED signs.  Although staff believes that brightness would be difficult to regulate and enforce, if Council is concerned about brightness and its aesthetic impact, staff can research methods of regulating brightness of electronic message and LED signs.  An alternative approach would be to prohibit electronic message boards and LED signs entirely.  If any such signs were permitted through the sign variance process, brightness could then be dealt with through the conditions of approval in a qualitative manner rather than through quantitative brightness standards. 

Staff notes that signs used by the City of Burbank and other public agencies to convey emergency and other information to motorists would be exempted from any regulations or prohibition.  These signs, termed changeable message signs (CMS) are located in the public right-of-way, where zoning regulations are not applicable.  Furthermore, BMC exempts �directional, warning, or informational signs authorized by federal, state, or municipal authority or public utility.�  Because the primary purpose of these signs is to convey information to motorists, driver distraction is not a concern with these types of signs.  Although the brightness and location of these signs could result in what some consider an aesthetic impact, the benefit and necessity of the signs to provide important driver information outweighs any potential aesthetic impacts.

In conclusion, although the BMC contains language prohibiting blinking, flashing, and regular varied luminescent intensity, a potential currently exists for the permitting of signs with these capabilities.  Future treatment of electronic message and LED signs depends upon Council�s concerns for signs in relation to enforcement, aesthetics, and motorist safety. 

RECOMMENDATION:

Staff recommends that the City Council provide staff with further direction regarding the regulation of electronic signage. 

EXHIBITS

Exhibit A          Photographs of Electronic Message and LED Signs

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