1. 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.

2. 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

   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.

3. C. With the exception of tri-vision signs legally permitted and erected prior to the effective date of this rule, any changeable electronic variable message sign existing prior to the effective date of this rule, 18.21.5 NMAC, shall conform with this section within sixty (60) days of the effective date of this section or such changeable electronic variable message sign shall be deemed illegal and non-compensable and subject to removal by the department at the expense of the sign owner pursuant to the provisions of 18.21.5.33 NMAC.

[18.21.5.13 NMAC - N, 02/14/14]