(a) The term “advertising device” as used in this chapter shall include any billboards, including digital billboards, smartboards, and changeable electronic variable message signs, sign, notice, poster, display or other device intended to attract or which does attract the attention of operators of motor vehicles on the public highways, and shall, where so determined by the Commissioner of Public Works, include a structure erected or used in connection with the display of any such device and all lighting or other attachments used in connection therewith.
(b) As used in subsection (a):
(1) “Digital billboard or smartboard” means a type of off-site sign utilizing digital message technology capable of changing the static message or copy on the sign electronically which may be internally or externally illuminated.
(2) “Changeable electronic variable message sign” means a billboard that permits light to be turned on and off intermittently or that is operated in a way whereby light is turned in or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including billboards using light emitting diodes, or classified as digital signs, electronic message centers or electronic message boards, and which are capable of varying in intensity or color, but does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual of Uniform Traffic Control Devices approved by the Federal Highway Administrator as the National Standard.
(3) “Billboard” means an advertising device larger than 2′ x 3′.
(4) “Poster” means an advertising device not larger than 2′ x 3′.
(5) “Sign” means an advertising device not larger than 12″ x 18″.
(6) “Notice” means an advertising device not larger than 12″ x 12″.