City of Milwaukee - File #: 060300

• File #: 060300
• Version: 3
• Type: Ordinance
• Status: Passed
• File created: 6/20/2006
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 12/12/2006
• Effective date: 1/4/2007
• Title: A substitute ordinance relating to automatic changeable message signs.
• Sponsors: ALD. D'AMATO, ALD. ZIELINSKI, ALD. WITKOWSKI
• Indexes: SIGNS

Date	Ver.	Action By	Action	Result	Tally
1/3/2007	3	CITY CLERK	PUBLISHED
12/18/2006	3	MAYOR	SIGNED
12/12/2006	2	COMMON COUNCIL	AMENDED; Minutes note: As Substitute B	Pass	8:7
12/12/2006	3	COMMON COUNCIL	PASSED	Pass	8:7
12/11/2006	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	Minutes note: Individuals present: Tom Gartner - City Attorney's Office Leslie Siletti - Legislative Reference Bureau Robert Bryson - Dept. of Public Works Dan Pomeroy - Clear Channel Outdoors Accept Proposed Sub. A. Mr. Bryson will provide members with a copy of the entire federal study.
12/11/2006	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	Minutes note: Amend Proposd Sub. A to delete the phrase excepting off-premises signs that primarily face the freeway which may not be changed once every 6 seconds.
12/11/2006	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
11/29/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/29/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/29/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/28/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Held so that a compromise could be worked out.	Pass	5:0
11/20/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/20/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/20/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/8/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Individuals present: Vanessa Koster - Dept. of City Development Dan Pomeroy and Kurt Wyler - Clear Channel Outdoor Bob Bryson - Dept. of Public Works - Street Lighting and Traffic Engineer Held so that neighbors can be noticed if committee members wish and to address some members' concerns about the brightness of the signage.	Pass	5:0
10/31/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
10/30/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
10/30/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
10/30/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
10/13/2006	0	CITY CLERK	PUBLISHED; Minutes note: This file is being published on 10-13-06 and 10-20-06 for a CPC Mtg. on 10-30-06 at 2:00 p.m.
10/2/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
10/2/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
9/29/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
9/15/2006	0	CITY CLERK	PUBLISHED; Minutes note: This file is being published 9-15-06 and 9-22-06 for a City Plan Commission Mtg. on 10-2-06. This meeting was cancelled.
6/22/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
6/22/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
6/20/2006	0	COMMON COUNCIL	ASSIGNED TO

Number

060300

Version                                                                                    

SUBSTITUTE 3

Reference

Sponsor

ALD. D’AMATO, ZIELINSKI AND WITKOWSKI

Title

A substitute ordinance relating to automatic changeable message signs.

Sections

295-407-3-b                                          rc

Analysis

Currently, pursuant to zoning code provisions, automatic changeable message signs may not be changed more frequently than once every 60 seconds.  Under this ordinance, off-premise signs which primarily face the freeway may be changed not more frequently than once every 30 seconds.  This ordinance requires that all changeable message signs be steady in nature, not flashing or scrolling at any time.

This ordinance also establishes a study to assess the future applicability of a 6-second signage regulation for off-premise signs which do not primarily face the freeway.  The study involves the off-premise sign at the southeast corner of Oakland and North Avenues, in the 3^rd aldermanic district, and provides for the sign to change not more frequently than once every 6 seconds, and for a period not longer than 6 months following passage and publication of this ordinance.  The study will provide the department of public works the necessary data to assess the impacts that changeable off-premise signs which do not primarily face the freeway have on public safety and welfare.

Body

Whereas, In order to maintain the public safety and welfare in the city’s physical environment, it is necessary to regulate on-premise and off-premise signs; and

Whereas, It is appropriate to revise signage regulations due to innovations in technology, and to differentiate regulations according to on-premise and off-premise signs; and

Whereas, Any change in signage regulations should be assessed according to community concerns, including brightness and traffic safety; and

Whereas, Upon passage of this ordinance, off-premise signs which primarily face the freeway may be changed not more frequently than once every 30 seconds;

Whereas, Due to changes in sign technology, it is necessary to assess the future applicability of a 6-second signage regulation for off-premise signs which do not primarily face the freeway, and community concerns, including brightness and traffic safety; and

Whereas, The authorization of a study conducted by the department of public works will provide the necessary data to assess the impacts that changeable off-premise signs which do not primarily face the freeway have on public safety and welfare; and

Whereas, An opportunity for a study involves the sign located on the southeast corner of Oakland and North Avenues, in the 3^rd aldermanic district; now, therefore,

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1.  Section 295-407-3-b of the code is repealed and recreated to read:

295-407.  Signs.

3.SPECIAL SIGN TYPES.

b.Automatic Changeable Message Signs.  b-1.Automatic changeable message signs shall be permitted provided messages, other than time or temperature displays, are not changed more frequently than once every 60 seconds, excepting off-premise signs which primarily face the freeway, which may be changed not more frequently than once every 30 seconds.

b-2.The display area of changeable message signs shall be included in the calculation of the total display area of the applicable sign type.

b-3.Illumination shall be steady in nature, not flashing or scrolling at any time.

Part 2.  Notwithstanding the provisions of part 1, for purposes of assessing the impacts that changeable off-premise signs which do not primarily face the freeway have on public safety and welfare, the off-premise sign located on the southeast corner of Oakland and North Avenues may be changed not more frequently than once every 6 seconds; and the department of public works shall report in writing to the common council, prior to the end of the period specified in part 3, relating to the operation of this off-premise sign.

Part 3.  Part 2 of this ordinance shall be null and void 6 months after passage and publication of this ordinance.

LRB

APPROVED AS TO FORM

____________________________

Legislative Reference Bureau

Date:  ______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

____________________________

Office of the City Attorney

Date:  ______________________

Requestor

Drafter

LRB06286-4

LCS

12/12/06