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f ORDINANCE AS ADOPTED 10/09/06 '. *** SEC. 19.100. FINDINGS. [STATEMENT OF] PURPOSE AND INTENT. The City Council finds it necessary for the promotion and preservation of the public health. safety. welfare and aesthetics of the community that the construction. location. size. conspicuity. briahtness. legibility. operational characteristics and maintenance of sians be controlled. Sians have a direct and substantial impact on traffic safety. pedestrian safety. community aesthetics and property values. The City Council recoanizes that a areal percentaae of sians that are bliahted. unattractive. or provide an unsafe distraction to motorists can be corrected by sensible Quality control through adequate maintenance. insoection and ooerational auidelines. The City Council also recognizes that signs provide a guide to the physical environment and. as such. serve an important function to the community and economy. With respect to electronic sions. including video display sians. the City Council finds that they are hiahly visible from lona distances and at very wide viewina anales both day and niaht and are desianed to catch the eye of oersons in their vicinity and hold it for extended periods of time. If left uncontrolled. electronic sians. includina video display sions. constitute a serious traffic safety threat. Studies conducted by the Federal Hiahway Administration (FHWA). Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction. Sept. 11. 2001 and The Role of Driver Inattention in Crashes: New Statistics from 1995: the University of North Carolina Hiahway Safety Research Center. Distractions in Everydav Drivino. Mav 2003 and The Role of Driver Distraction in Traffic Crashes. Mav 2001: the Wisconsin Deoartment of Transportation. Synthesis Report of Electronic Billboards and Hiohwav Safety. June 10.2003: the Municipal Research and Services Center of Washinaton. Sian Control Provisions. Jan. 2006: and the Veridan Group. Video Sians in Seattle. Gerald Wachtel. Mav 2001. reveal that electronic sians are hiahly distractino to drivers and that driver distraction continues to be a sianificant underlvina cause of traffic accidents. The City Council intends bv [establishes] this Article of the City Code to establish a [as-tAe] legal framework for sign regulation in the City. The regulations promulgated in this Article are intended to facilitate an easy and agreeable communication between people while protectino and promotino the public health. safetv. welfare and aesthetics of the communitv. It is not the purpose or intent of this Article of the City Code to prefer or favor commercial messaaes or speech over non-commercial messaaes or speech or to discriminate between types of non-commercial speech or the viewpoints represented therein. [The City Ceuncil r-eesgnizcs that signs pre'fide a guide to tho physical onvir-onment and, as such, serve an important HmctioA to the community and economy. The City Council also r-eoogniz-es that a great percentage of signs that are blighted and unattmctive can be eliminated by sensible ql:.lality control, through adequate maintenance and insf'lectioR, and by rea80na~le guidelines formulated to minimize sign clutter and blight.] *** SEC. 19.101. APPLICATION OF REGULATIONS AND SUBSTITUTION CLAUSE. This Article shall apply to the location, erection, and maintenance of signs in all zoning districts within the City of Bloomington, Minnesota. The owner of any sian which is otherwise allowed by this Article of City Code may substitute non-commercial cOPV or messaoe in lieu of any other commercial or non-commercial sian cOPV or messaqe without any additional approval or permittinQ subiect to the operational standards set forth herein. The purpose of this provision is to prevent any inadvertent favorina of commercial speech or messaQe over non- commercial speech or messaoe. This provision prevails over any more specific provision to the contrarv. Division B. Construction of Language and Definitions *** SEC. 19.104. DEFINITIONS. The following words and terms when used in this Article shall have the following meanings unless the context clearly indicates otherwise: *** Changeable copy sign - a sign or portion thereof which has a readerboard for the display of text information in which each alphanumeric character. Qraphic or svmbol is defined bv obiects. not consistinQ of an Page 2