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O O <br /> INFORMATION MEMO <br /> LEAUE of Regulating Dyn amic amic Signage MI TA <br /> CITIES <br /> City options for regulating large electronic billboards with changing images and movement known as <br /> "dynamic signs"to provide safe roadways and observe constitutional protections on speech. Provides <br /> links to studies and an ordinance sample. <br /> RELEVANT LINKS: I. Dynamic signs <br /> In the fall of 2006, a number of Minnesota cities were surprised by the <br /> appearance of large electronic billboards akin to giant television screens. <br /> These signs are the next generation of sign displays with the ability to <br /> feature changing images and movement—known collectively as dynamic <br /> signs. <br /> SRF Consulting Group, Attempts to regulate them resulted in litigation in at least one community- <br /> "Dynamic Signage:Research <br /> Related to Driver Distraction Minnetonka. In developing a regulatory response, Minnetonka partnered <br /> and Ordinance with the League of Minnesota Cities to commission a study on the impact of <br /> Recommendations".June 7, <br /> 2007. such dynamic signs on traffic safety. This memorandum discusses the legal <br /> framework of regulating dynamic signage in light of the recent litigation and <br /> study. <br /> II. Regulatory framework <br /> Highway Beautification Act, While the federal and state overnment can enact and have enacted laws <br /> 23 U.S.C.§ 131. g <br /> regulating signs, those regulations only provide minimum standards. Courts <br /> Metromedia,Inc.v.City of have explicitly recognized that cities have the ability to regulate signs, <br /> San Diego,453 U.S.490,101 <br /> S.Ct.2882(1981). including dynamic signs, more restrictively. <br /> There is no uniform system of regulation that cities must follow. Each <br /> community is different and has different needs that local ordinances may <br /> reflect. Such regulations must meet the same basic legal tests for all sign <br /> regulation. <br /> LMC information memo, Most city land use decisions get a very deferential standard of review known <br /> Taking the Mystery Out of <br /> Findings ofFact. as rational basis review. Under this level of review, city decisions will be <br /> upheld if they have any rational basis. <br /> This material is provided as general information and is not a substitute for legal advice.Consult your attomey for advice concerning specific situations. <br /> 145 University Ave.West www.Imc.org 7/26/2007 <br /> Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 0 2013 All Rights Reserved <br />