StarBulletin.com

Conflicting signs


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POSTED: Saturday, May 08, 2010

Question: What regulations, if any, exist for the use of electronic message signs, such as those used on roadways to warn of lane closures and other traffic conditions? They're freestanding, towed like a trailer to different locations and have their own generators. I've seen these signs used by New Hope Chapel, most recently on the Farrington High School grounds, facing toward King Street. Can other organizations also use these signs? What about commercial companies? Can the signs be rented from the City and County of Honolulu?

Answer: Electronic “;flashing”; signs are illegal if used other than for public purposes by a government agency, as provided for under the city Land Use Ordinance.

That was news to New Hope Oahu, which believed it had acted responsibly and followed all rules.

A flashing sign “;means a sign designed to attract attention by the inclusion of a flashing, changing, revolving or flickering light source or a change of light intensity,”; explained Art Challacombe, customer services manager for the city Department of Planning and Permitting.

Unless the flashing sign is an official “;public”; sign used for a public purpose, such as directing traffic, it is prohibited under Section 21-7.30(e) of the Land Use Ordinance, he said.

Furthermore, “;if a flashing sign is for a public purpose, it will be limited to a state or county agency, so no permit is needed to install it,”; Challacombe said. “;No private or commercial operation may have a flashing sign.”;

Therefore, “;The (New) Hope Chapel sign is illegal,”; he said.

New Hope Oahu representatives were surprised when we told them that the city's sign ordinance prohibited use of such signs for nonpublic uses.

“;We follow the guidelines, and definitely we want to observe and do everything by the books,”; said Ryan Tsuji, director of extension for New Hope Oahu.

After we initially passed on Challacombe's explanation of the sign ordinance, Tsuji contacted the state Department of Transportation “;just to make sure what the specific guidelines were.”;

He was told the Transportation Department conferred with the city Department of Transportation Services, and both agencies agreed that as long as the sign was not placed on a roadway, no permit was needed.

“;However, if it is on private property or if it is on something like Farrington High School (property), as long as we receive approval from (the school or owner), then we are allowed to post the sign there,”; Tsuji said.

“;We are following the guidelines that they have set forth,”; he said.

“;Kokua Line”; then asked city spokesman Bill Brennan whether he could explain the conflicting opinion between the Planning and Permitting Department and the Transportation Services Department.

“;Neither DOT nor DTS has jurisdiction over signs that are not in their rights of way,”; Brennan said.

The city Land Use Ordinance, as explained by the Planning and Permitting Department, covers the situation with the New Hope sign, he said.

State transportation spokeswoman Tammy Mori said she was not aware of the Land Use Ordinance regarding flashing signs on private property or off the road.

“;When an electronic message board is placed on state right-of-way, then a permit is required,”; such as for the Honolulu Marathon and Great Aloha Run,”; she said.

“;We're going to comply and do whatever we need to do,”; Tsuji said, although he noted some frustration in “;the conflicting information being given as to what is allowed and what's not allowed.”;

He said the signs were used to inform people when services had been relocated.

“;At this point we want to respect the law, obviously,”; he said. “;If we need to go back to just having a banner up, then so be it. (An electronic sign) was just the most effective way to get the point across.”;

Meanwhile, regarding possible sign violations, Challacombe said if his department receives a complaint, “;we will investigate.”;

And just to make it clear, the city does not rent out electronic signs.

Write to ”;Kokua Line”; at Honolulu Star-Bulletin, 7 Waterfront Plaza, Suite 210, 500 Ala Moana, Honolulu 96813; call 529-4773; fax 529-4750; or e-mail .(JavaScript must be enabled to view this email address).