(1) Animated sign means a sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical, or electronic means. Animated signs, which are differentiated from changeable signs as defined and regulated by this Section, include the following types:

(A) environmentally activated animated signs or devices are motivated by wind, thermal changes, or other natural environmental input, such as spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation;

(B) mechanically activated animated signs are characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means;

(C) electrically activated animated signs produce the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one (1) or both of the classifications noted below:

(i) flashing – animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less
than the period of non-illumination. A cyclical period between on-off phases of illumination exceeding four (4) seconds shall not constitute flashing;

(ii) patterned illusionary movement – animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.

(2) Changeable sign means a sign with the capability of content change by means of manual or remote input, including the following types:

(A) manually activated – changeable sign whose message copy or content can be changed manually on a display surface;

(B) electrically activated – changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display.

(3) Digital sign means an on-premise electrically activated animated sign, changeable sign, illuminated sign, or Electronic Message Center sign located in the Tumon Bay H Resort-Hotel Zone. Digital signs are not environmentally or mechanically activated flashing animated signs or devices.

(4) Electronic Message Center (EMC) sign means an electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. EMCs typically use light emitting diodes (LEDs) as
a lighting source. Terms principally associated with an EMC
are:

(A) display time – the amount of time a message and/or graphic is displayed.

(B) dissolve – a mode of message transition accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.

(C) fade – a mode of message transition accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
(D) dynamic frame effect – a frame effect in which the
illusion of motion and/or animation is used.

(E) frame- a complete, static display screen.

(F) frame Effect – a visual effect applied to a single frame.

(G) scroll – a mode of message transition in which the message appears to move vertically across the display surface.

(H) transition – a visual effect used to change from one message to another.

(I) travel – a mode of message transition in which the message appears to move horizontally across the display surface.

(5) Illuminance means the amount of light falling upon a real or imaginary surface, commonly “”light level”” or “”illumination,”” measured in foot candles (lumens/square foot) in the English System, and lux (lumens/square meter) in the SI (metric) system.

(6) Luminance means the light that is emitted by or reflected from a surface, measured in units of luminous intensity (candelas) per unit area (square meters in SI
measurement units or square feet in English measurement units).

(7) Multiple-faced sign means a sign containing two
(2) or more faces.

(8) Off-premise business information means commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.

(9) On-premise sign means a sign erected, maintained or used in the outdoor environment, or visible from the outside environment, for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed, and for public service announcements. For purposes of this Subsection, public service announcements are limited to factual information about public health and public safety as determined by the Department of Public Health and Social Services, the Guam Police Department, or the Office of Civil Defense.

(10) Sign means a device visible from a public place, whose essential purpose and design are to convey either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations.

(11) Sign copy means the physical sign message, including any words, letters, numbers, pictures, and symbols.

(12) Sign face means the surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.

(A) In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is
displayed or illustrated, but not open space between separate panels or cabinets.
(B) In the case of signs painted on a building, or individual letters or graphic elements affixed to a
building or structure, the sign face shall comprise the
sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.

(C) In the case of sign copy enclosed within a painted or illuminated border or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.

(b) Restrictions.

(1) Digital signs are authorized only in the Tumon Bay H Resort-Hotel Zone, and shall be subject to the provisions set forth in this Section.

(2) The Department of Public Works shall promulgate rules and regulations for digital sign permits in the Tumon Bay H Resort-Hotel Zone.

(3) Digital signs, as identified in this Section, shall be subject to the Department of Public Works digital sign permit process and may be erected and operated only after a building permit and an occupancy permit are issued.

(4) It shall be unlawful to display off-premise business information on a digital sign.
(5) It shall be unlawful to erect a flashing digital sign. (6) Digital signs shall be properly maintained. The
Building Official of the Department of Public Works shall
issue a Notice of Violation to the permittee for any digital sign that is damaged or non-functional. The permittee shall make necessary repairs within ninety (90) days of notice.
(7) Digital signs shall be placed along on the building wall or behind a window or clear covering on the building wall, shall not be higher than the roof line of the building, and shall protrude no farther than eighteen (18) inches from the wall to which they are attached.

(8) A digital sign authorized under this Section shall only be placed on any building wall along Pale San Vitores Road or Gun Beach Road that faces the road. Such digital sign shall not illuminate or shed light onto the beach or ocean.

(9) Any permitted digital sign under this Section may be illuminated at night.

(10) On-premise digital signs do not constitute a form of outdoor lighting at night and are exempt from any other outdoor lighting regulations that the Department of Public Works has adopted.

(11) Digital signs that are illuminated at night may not exceed a maximum luminance level of seventy (70) foot candles, regardless of the method of illumination.

(12) Digital signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaries that are fully shielded.

(13) All illuminated digital signs must comply with the maximum luminance level of sixty-five (65) foot candles at least one-half (½) hour before Apparent Sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce, for the specific geographic location and date. All illuminated digital signs must comply with this maximum luminance level throughout the night, if the digital sign is energized, until Apparent Sunrise, as determined by the NOAA, at which time the digital sign may resume luminance levels appropriate for daylight conditions, when required or appropriate.

(14) A digital sign shall not have a sign face exceeding twenty percent (20%) of the allowable signage area on the façade of the building, as prescribed by law or by a variance from the Guam Land Use Commission, except that in no case shall digital signage area exceed two (2) signs of one hundred sixty-five (165) square feet each.

(15) Digital sign emissions are prohibited. No digital sign which emits smoke, flames, visible vapors, particles, sound, or odor shall be permitted.

(16) Digital signs are prohibited from promoting obscene material, as defined in 9 Guam Code Ann. § 28.90.

(17) The Department of Public Works shall promulgate a fee schedule for digital sign permits based on its size.

(c) Statutory Interpretation. A digital sign shall be considered and deemed prohibited if it is not explicitly allowed in this Section.

(d) The Guam Land Use Commission shall not grant a variance for electronic signs that exceed the size limits and the lumens in this Act, and shall not allow for audible digital signs.

SOURCE: Added by P.L. 35-052:2 (Nov. 27, 2019). Subsection (d) added as uncodified law by P.L. 35-052:4 (Nov. 27, 2019), and codified by the Compiler.

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SUBARTICLE 6
JUNK YARDS