TECHNICAL INFORMATION: A highway work permit (PERM 33) is required in order to paint or wrap a traffic signal cabinet. There is an old adage that “art is in the eye of the beholder”. Since community standards vary across the state, it would be more appropriate for the municipality to approve what public artwork will be installed on the traffic signal cabinets. As a result, the PERM 33 will be issued only to the municipality provided that the municipality agrees to allow traffic signal cabinets to be decorated in their community. The highway work permit shall utilize the standard PERM 33 application with the Operation Type being classified as “Miscellaneous”. The municipality is to be named as Permittee # 1 and the individual or group performing the actual work is to be listed as Permittee # 2. Permit fees are waived for municipalities, but a PERM 1 Undertaking Agreement needs to be submitted by the municipality; otherwise NYSDOT will require the municipality to provide a Certificate of General Liability Insurance. Any group, individual, or business that chooses to paint or wrap a traffic signal cabinet must coordinate first with the municipality and secure any local approvals including approval of the design. In turn, the municipality will obtain a PERM 33 from NYSDOT to allow the artistic endeavor to go forward. The duration of the highway work permit will be determined on a case by case basis as determined by the Regional Permit Engineer. However, all such permits shall be valid for a minimum of one year. NYSDOT will not be an arbitrator of what is artistically acceptable (e.g. style, medium, etc.) but it does set certain minimum requirements that the municipalities and artists must abide by. Municipalities may also establish other reasonable standards that represent the community’s values. NYSDOT, in its sole discretion, will not approve permits for artwork if any of the following apply to the content of the proposed artwork.

1. Demeaning or Disparaging – The artwork contains material that demeans or disparages an

individual or group of individuals. For purposes of determining whether a mural contains such material, NYSDOT will determine whether a reasonably prudent person would believe that the artwork contains material that ridicules or mocks, is abusive or hostile to, or debases the dignity or stature of, an individual or group of individuals.

2. Tobacco and Alcoholic Beverages – The artwork promotes the sale or use of tobacco or

tobacco-related products or alcoholic beverages. 3. Violence – The artwork contains an image or description of graphic violence, including but

not limited to (1) the depiction of human or animal bodies, body parts or fetuses, in states of mutilation, dismemberment, decomposition or disfigurement, or (2) the depiction of weapons or other implements or devices used in the mural in an act or acts of violence or harm on a person or animal.

4. Unlawful Goods or Services – The artwork promotes or encourages, or appears to promote

or encourage, the use or possession of unlawful or illegal goods or services. 5. Unlawful Conduct – The artwork promotes or encourages, or appears to promote or

encourage, unlawful or illegal behavior or activities.

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6. Obscenity or Nudity – The artwork contains obscene material or images of nudity.

7. Prurient Sexual Suggestiveness – The artwork contains material that describes, depicts or

represents sexual activities or aspects of the human anatomy in a way that the average adult, applying contemporary community standards, would find appealing to the prurient interest of minors or adults in a sexual manner.

8. Political Campaign Speech – The artwork contains political campaign speech. For purposes of these guidelines, the term “political campaign speech” is speech that (1) refers to a specific ballot question, initiative petition, or referendum, (2) promotes or opposes a political party for local, state, or federal election, or (3) promotes or opposes a candidate or group of candidates. For purposes of these guidelines, the term “candidate” shall include any person actively campaigning for office, any person who has filed their candidacy or declared their intent to run for office, or any person who has been reported in the mainstream media as likely to run for a particular public office.

9. Endorsement – The artwork implies or declares an endorsement by NYSDOT or the State of New York of any service, product or point of view, without prior written authorization of NYSDOT.

As part of the permit process to allow the decorative treatment of a traffic signal cabinet, the following additional conditions are to be followed:

SPECIAL CONDITIONS FOR NYSDOT HIGHWAY WORK PERMIT

1. NYSDOT will allow state owned traffic signal cabinets to be decorated with non-reflective, enamel paint, decals and/or long lasting printed vinyl wraps. The material should contain an anti-graffiti coating. If the signal is a permit signal, written permission from the owner must also be obtained.

2. All requests shall be submitted to the municipality in which the traffic signal cabinet is

located. The following documentation should also be included:

A. A plan showing the traffic signal cabinet on which the mural/artwork is proposed to be installed. This plan shall be labeled with sufficient geographic information (street labels, scale, north arrow, and coordinates) to determine the location of the signal cabinet and the affected highway(s), as well as viewpoints documented below.

B. Photographs taken from roadway views, indicating the structure to be affected,

with mark-ups showing the intended work.

C. Concept sketches or renderings of the proposed mural/artwork.

3. The municipality has the option to allow or not allow traffic signal cabinets to be decorated. Some municipalities have organized programs to promote and regulate this type of activity.

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4. The municipality will grant initial design approval based on community standards. A color

copy of the artwork shall be provided for NYSDOT’s review in advance of issuing a permit. Such review will not be for artistic content, but to assure that the design is in compliance with the paragraphs that follow.

A. All artwork must be original and designs cannot serve as an advertisement for a business

or other public/private enterprises. Therefore, no words (unless in a historical context), advertisements or commercial logos of any kind shall be included on or within the mural. Artwork shall not mimic any traffic control devices.

B. The artwork must not cause driver distraction or otherwise unnecessarily engage the attention of drivers. The artwork must not result in conditions that would compromise the flow of traffic or increase roadway information clutter.

C. The artwork should be best applied directly to the structure and should otherwise not obscure or cover elements that would affect NYSDOT’s ability to properly inspect the structure. In all cases, NYSDOT shall consider its ability to inspect the structure in the future and should not approve any artwork that would compromise this ability.

D. For the purpose of this policy, the approved application of artwork to a structure will not

be considered to cause a physical modification of the traffic signal cabinet. Physical modification is caused by cutting, breaking, demolishing, reconstructing, adding to or otherwise changing the shape and/or structural adequacy of a structure. NYSDOT shall not approve applications of artwork that will cause physical modification of any structure, as described above.

5. The permittee (i.e. municipality) shall be responsible for installation of the mural/artwork,

including any traffic control required by NYSDOT for the safety of workers and the traveling public during the installation process.

6. The permittee agrees to be responsible for the maintenance, upkeep and removal of the artwork placed on the traffic signal control cabinet. This will include, but not be limited to, stripping the paint or repainting the cabinet. The type of maintenance required will be at the discretion of NYSDOT. A failure to comply could result in the suspension of future permits being issued in that municipality. Additional Highway Work Permits may be required to perform future maintenance.

7. NYSDOT reserves the right to change or remove the artwork from the traffic signal controller

cabinet at any time at its expense and without notice.

8. The conditions of this permit shall survive the expiration of this permit, as it is possible that the artwork will remain on the traffic control cabinet for longer than one year.

9. The artwork shall not interfere with the function of the traffic signal cabinet. Therefore, paint or vinyl cannot be applied where it would interfere with cabinet ventilation, locks, hinges, labels among others. For cabinets that provide ventilation through an overhang on the back of the cabinet, the underside of this overhang shall not be painted or covered with vinyl. The applicant shall be responsible for any damage caused to the traffic signal cabinet by the mural/artwork.

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10. The artwork shall not interfere with stenciled identification numbers which are placed on theside of the cabinet to identify a specific signalized location.

11. Sprayed on paint shall not be used. Spray paint tends to get inhaled into the cabinet by thecabinet ventilation system and can damage the interior components.

12. The permittee shall hold NYSDOT harmless for any damage caused to the mural/artworkduring structural inspection or other maintenance procedures performed by NYSDOT. Thepermittee may also be responsible for temporary removal of the artwork for purposes ofmaintenance or inspection.

13. All work shall be subject to regular inspections or ongoing observation by the Regional Office.Any work determined by NYSDOT to be inconsistent with the terms of the permit and policiesof NYSDOT shall be stopped and the permit revoked as determined in NYSDOT’s solediscretion.

14. The permit shall recognize an end date for the artwork, at which time NYSDOT may remove itdue to disrepair, discoloration, fading, or any other reason. Any reapplication of themural/artwork by the original applicant shall only be done through a new PERM 33.

ACKNOWLEDGMENT: A special thanks to the Massachusetts Department of Transportation’s Highway Division and the cities of Seattle, Orlando, Tampa, Jacksonville and Tuscon whose own policies on the topic provided a substantial basis for the development of the NYSDOT policy.

REFERENCES:

Massachusetts Department of Transportation, Highway Division, P-14-002 State Highway Access for Murals and Artwork (9/17/14) www.Mass.gov/MassDOT

Seattle, WA http://www.seattle.gov/transportation/stuse_signalboxart.htm

Orlando, FL http://artboxconcepts.weebly.com/

Tampa, FL http://www.tampagov.net/art-programs/Programs/partnerships/traffic-signal-boxes

Jacksonville, FL https://www.callforentry.org/festivals_unique_info.php?ID=3230&sortby=fair_name&apply=

Tuscon, AZ http://www.tucsonartsbrigade.org/upload/145864/documents/751844302252016075713386.PDF

CONTACT: Direct questions regarding this TSMI to the Office of Traffic Safety and Mobility at (518) 457-1793.

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Appendix

Examples of Decorative Treatment for Traffic Signal Cabinets (City of Rochester)

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Appendix – continued

Signal Cabinet Painting & Wrapping Guidelines

This presentation identifies areas of a traffic signal cabinet that should not be painted or wrapped. The painting and wrapping restrictions are intended to protect electrical workers, prevent computers from overheating, or ensure doors and access panels open when needed. Most of these areas are intuitive. They include:

• Keyholes and keyhole covers

• Air vents

• Warning labels

Not all cabinets have all of the features shown. Some cabinets have more than one door, and/or smaller cabinet mounted on its side.

Materials and Clean-up When it’s time to paint or wrap cabinets…

• Thoroughly clean the traffic cabinet prior to painting or applying a vinyl wrap to it.

• If painting, prime the cabinet first.

• Use only the materials that were approved during your application process (e.g., noretro-reflective paint; no additions to the cabinet that will protrude from existing equipment).

• Use all materials in compliance with state and federal regulations and according to themanufacturer’s specifications.

• Mask off sensitive areas to protect air vents, keyholes, keyhole covers, warning labels, andphoto-control windows from being covered with paint.

• Apply paint in a quality manner and clean up accidental spills, drips, and messy edges.

• Clean up and dispose of paint in an appropriate manner.

• Remove all materials and equipment from the site after installation is complete.

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Appendix – continued

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Appendix – continued

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Appendix – continued

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