ORDINANCE NO. 311, 2nd Series AN ORDINANCE OF THE CITY OF ELY, MINNESOTA, AMENDING CHAPTER 14, SECTION 14.10 REGULATING INSTALLATION, CONSTRUCTION OR EXPANSION OF ANY ILLUMINATED FLASHING, BLINKING OR MOVING ADVERTISING SIGN

ORDINANCE NO. 311, 2nd Series
AN ORDINANCE OF THE CITY OF ELY, MINNESOTA,
AMENDING CHAPTER 14, SECTION 14.10 REGULATING INSTALLATION, CONSTRUCTION OR EXPANSION OF ANY ILLUMINATED FLASHING, BLINKING OR MOVING ADVERTISING SIGN CONTAINING CHANGEABLE MESSAGES WITHIN THE CITY OF ELY

THE COUNCIL OF THE CITY OF ELY DOES HEREBY ORDAIN:
SECTION 1 Chapter 14, Section 14.10, of the City Code of the City of Ely, Minnesota is amended to read as follows:
SEC. 14.10 REGULATING THE ISSUANCE OF ANY SIGN PERMITS, APPROVAL OR PERMIT FOR, OR THE INSTALLATION, CONSTRUCTION OR EXPANSION OF ANY ILLUMINATED FLASHING, BLINKING OR MOVING ADVERTISING SIGN CONTAINING CHANGEABLE MESSAGES WITHIN THE CITY OF ELY
Subd. 1: Purpose
A. The purpose of this ordinance is to protect the health, safety, and welfare of the citizens. The City Council is concerned about the effects of illuminated advertising signs upon the traveling public. These signs may pose a hazard to the traveling public by the use of static or changing electronic, digital, video display signs, or flashing, motion, animated, and changeable copy signs. These attention-getting and eye-catching signs may threaten the safety of motorists, cyclists, pedestrians and other users of public streets and property by diverting motor vehicle drivers’ attentions away from the road. There are research studies that show the presence of such signs maydo result in an increase in automobile accidents and therefore must be strictly regulated.
B. The Planning and Zoning Department has conducted a study for the purpose of considering adoption of official controls relating to the need for additional sign regulations addressing illuminated advertising signs with changeable messages.
BC. Definition. A dynamic sign or electronic message center is defined as a sign or portion thereof that displays electronic, static and/or non-static images, static and/or non-static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes.
Subd. 2 Dynamic SignsD
. A. Dynamic Sign. Dynamic Signs shall be permitted in C1, C2, M, P1, and P2 zoning districts, subject to the following limitations:
Only one Dynamic Sign shall be permitted per property.

A Dynamic Signs shall be a minimum of 100 ft away from post to post, post to center and/or Dynamic Sign to Dynamic Sign.

A Dynamic Sign shall be placed perpendicular to the most readily used street adjacent to the property.

A Dynamic Sign shall be permanently installed and shall not interfere with the effectiveness of any traffic control device.

A Dynamic Sign shall have messages that change instantaneously and do not face, dissolve, blink or appear to simulate motion in any way. All changes shall be static for a period of no less than 3 minutes.

A Dynamic Sign shall be no more than 50 sq ft per side, not to exceed 100 sq. ft in total square footage.

A Dynamic Sign shall be equipped with automatic dimming technology which automatically adjust the sign’s brightness in direct correlation to ambient light conditions. A Dynamic Sign shall have a brightness no greater than .3 foot candles above ambient light measured at 100 ft distance with a foot candle meter.

A Dynamic sign displays shall be no brighter than other illuminated signs in the same district.

A Dynamic sign display shall be designed to freeze the display in the event of malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice from the City that the display violates the City’s regulations

A Dynamic Sign shall remain static or off between the hours of 11 pm and 6 am.

Subd. 3 Prohibited Dynamic Signs
Prohibited Dynamic Sign. A Dynamic Signs shall be not permitted:

Flashing signs, billboard, beacons, or search lights are prohibited.

A Dynamic Sign shall not be placed or erected on fences, trees, power and light poles, or the support there of

No Dynamic Sign shall be permitted outside the designated zones described above.

No Dynamic Sign by reason of its location, color illumination or intensity shall obstruct the vision of drivers, pedestrians or obscure visibility of any traffic control device.

Illumination with flashing lights is prohibited.

A Dynamic Sign shall not imitate or resemble an official traffic signor signal or bear the words STOP, CAUTION, DANGER, WARNING or similar words.

A Dynamic Sign shall not bear or contain statement, words, or pictures of an obscene pornographic or immoral character.

A Dynamic Sign shall not emit audible sounds, odor, or visible matter.

A Dynamic Sign shall not display any moving parts or pictures, have animation or simulate motion.

The City hereby prohibits the issuance or approval of any sign permit for any dynamic sign as defined in this ordinance, except for the use of displaying fuel price, time and temperature.
SECTION 2. Effective Date: Pursuant to Section 14.10 of the Charter of the City of Ely, Minnesota, the adoption of this Ordinance is effective immediately after final adoption and publication.

First Reading: May 2, 2017
Second Reading:
Adopted this _____ day of ____________, 2017.
Chuck Novak Harold R Langowski
_______________________________ ___________________________________
Mayor City Clerk-Treasurer
Publication Date: May 6, 2017 Newspaper: Ely Echo