Section 410.350 - Sign construction: Illumination; commercial electronic variable message signs1. Signs, including, without limitation, commercial electronic variable message signs, must not be erected or maintained in such a way that illumination interferes with the effectiveness of or obscures any official traffic sign, device or signal. Except as otherwise provided in subsection 9, signs must not include or be illuminated by flashing, intermittent or moving lights, except any parts necessary to give public service information such as the time, date, temperature, weather or similar information and must not cause beams or rays of light to be directed at the traveled way if the light is of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle, or to interfere with any driver's operation of a motor vehicle. Illumination or lights for signs must not resemble or simulate any lights used to control traffic or other lights used to provide a warning or a danger signal.2. A commercial electronic variable message sign may be approved as an off-premise outdoor advertising sign in an urban area if the sign:(a) Does not interfere with any driver's operation of a motor vehicle in the right-of-way of the roadway.(b) Conforms with established criteria relating to zoning, size, lighting and spacing.(c) Complies with all applicable sections of 23 U.S.C. § 131 and any regulations promulgated thereunder.(d) Does not intentionally emit odors, smoke or sound except those odors or sounds which are by their nature a part of the operation or display of such a sign.(e) Meets the applicable requirements of this section.3. A commercial electronic variable message sign which is a digital billboard must:(a) Contain static messages which do not:(1) Move or create the appearance or illusion of movement during the display of each static message; and(2) Include lights which vary in intensity for each static message or which flash.(b) Be operated with sufficient safeguards and monitoring in place to prevent the sign and its operating system, including, without limitation, software, hardware, networks and infrastructure from being accessed, used or misused by unauthorized persons.(c) Ensure that each transition from one static message to the next appears instantaneous to the human eye.(d) In a county whose population is:(1) Not more than 700,000, have a minimum display time for each static message of not less than 8 seconds.(2) More than 700,000, have a minimum display time for each static message of not less than 6 seconds.(e) Use technology that automatically adjusts the brightness or luminance of the digital billboard display lighting to ensure that during nighttime such lighting does not exceed:(1) A brightness level of three tenths of one foot-candle above ambient light, when measured as required pursuant to subsection 4; or(2) In a county whose population is:(I) Not more than 700,000, a luminance of 250 nits, when measured as required pursuant to subsection 5; or(II) More than 700,000, a luminance of 350 nits, when measured as required pursuant to subsection 5.(f) In the event of a malfunction that does or could violate the provisions of this section, until the malfunction has been corrected, be:(2) Set to display a full black image; or(3) Frozen on an authorized image, by the owner of the digital billboard4. Compliance with the brightness levels pursuant to subparagraph (1) of paragraph (e) of subsection 3 must be measured:(a) Not less than 30 minutes after sunset and not less than 30 minutes before sunrise; and(b) With a foot-candle meter used within the following distance parameters relative to the size of the face of the digital billboard:Size of sign face | Distance of measurement |
Up to 300 square feet ............................... | 150 feet |
301-385 square feet .................................. | 200 feet |
386-680 square feet .................................. | 250 feet |
681-1200 square feet ................................ | 350 feet |
5. Compliance with the luminance levels required pursuant to subparagraph (2) of paragraph (e) of subsection 3 must be measured:(a) Not less than 30 minutes after sunset and not less than 30 minutes before sunrise; and(b) With a luminance meter or nit gun with an accuracy of 3 percent or better.6. A commercial electronic variable message sign which is a trivision sign must:(a) In a county whose population is:(1) Not more than 700,000, have a minimum display time for each static message of not less than 8 seconds and a change interval of not more than 3 seconds; or(2) More than 700,000, have a minimum display time for each static message of not less than 6 seconds and a change interval of not more than 3 seconds.(b) Contain a mechanism which stops the sign in a stationary position in the case of a malfunction.7. The Department may allow a permit for an existing sign to be modified to authorize conversion of a sign from a sign which is not a commercial electronic variable message sign to a commercial electronic variable message sign or from a sign which is a commercial electronic variable message sign to a sign which is not a commercial electronic variable message sign if:(a) The sign meets the applicable requirements of NRS and this chapter.(b) A permit modification fee of $800 is paid to the Department.(c) If applicable, the sign has been approved by the relevant local government or is a nonconforming sign under local law but has been granted grandfathered conforming status by the relevant local government, and the conversion has been approved by the relevant local government.8. If a commercial electronic variable message sign is installed or modified pursuant to this section and the commercial electronic variable message portion of the sign does not comply with the requirements of this section, the owner of the sign, not more than 60 days after receipt of written notice by the Department, must correct any violations or remove the commercial electronic variable message portion of the sign at the owner's expense. After 60 days, if the owner has not corrected the violations or removed the sign, the Department may remove the commercial electronic variable message portion of the sign at the owner's expense. The owner of an outdoor advertising sign from which the commercial electronic variable message portion of the sign has been removed pursuant to this subsection may continue to operate all other portions of the sign.9. A digital billboard that meets the requirements of this section shall be deemed to not:(a) Include or be illuminated by flashing, intermittent or moving lights; and10. As used in this section:(a) "Change interval" means the amount of time it takes a trivision sign to transition from one static message to the next static message.(b) "Commercial electronic variable message sign" has the meaning ascribed to it in NRS 400.400. The term does not include a sign located within a roadway right-of-way and that:(1) Functions as a traffic control device; and(2) Is described or identified in the Manual on Uniform Traffic Control Devices adopted in NAC 408.411.(c) "Digital billboard" means a type of off-premise commercial electronic variable message sign which:(1) May be internally or externally illuminated; and(2) Utilizes digital message technology capable of changing the static message or copy on the sign electronically.(d) "Flashing, intermittent or moving lights" include, without limitation, any object which simulates or creates the effect of flashing, intermittent or moving lights, such as reflective disks or slats, both stationary or moveable, which reflect light.(e) "Foot-candle" means a unit of measurement of light intensity.(f) "Glare" means a visual condition in which there is excessive contrast or an inappropriate distribution of light sources which limit a person's ability to distinguish details and objects.(g) "Luminance" means the quantitative measure of brightness of a light source or an illuminated surface.(h) "Nit" means a unit of measurement of luminance.(i) "Nit gun" means a device which measures the amount of light emanating from a specific light source in nits.(j) "Trivision sign" means a type of off-premise commercial electronic variable message sign on which the static message or copy on the sign can be changed by movement or rotation of panels or slats. Such change can be made mechanically or electronically, and may be accomplished through the use of remote control.Nev. Admin. Code § 410.350
Dep't of Highways, Outdoor Advertising Control Manual p. 11, eff. 1-28-77-NAC A by Dep't of Transportation by R058-97, 12-11-98; A by R153-16A, eff. 8/30/2018