[HISTORY: Adopted by the Common Council of the City of Glens
Falls 4-12-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
The purpose of this chapter is to establish regulations to allow
for outdoor illumination levels which are appropriate for the use,
while promoting safety and security, and minimizing the undesirable
side effects of excessive illumination such as light trespass and
light pollution, which create a nuisance. It is the intent of this
chapter to allow for reasonably uniform illumination levels in the
community. This chapter applies to all residential districts, Cultural
Professional Districts, Two-Family Residential Districts and Multifamily
Residential Districts.
As used in this chapter, the following terms shall have the
meanings indicated:
Light emitted by a fixture from the lamp, from a reflector,
or through a refractor.
Permanent outdoor fixtures that are specifically intended
to illuminate the exterior surfaces or buildings or structure.
A complete lighting unit, including the lamp together with
the parts designated to distribute the light, to position and protect
the lamp and to connect the lamp to the power supply.
Any fixture or lamp that incorporates a reflector or a refractor
to concentrate the light output into a directed beam in a particular
direction.
A fixture that allows no direct light from the fixture above
a horizontal plane through the fixture's lowest light-emitting
part in its mounted position.
Light emitted by a fixture that causes discomfort or reduced
visibility.
The height of a luminaire shall be the vertical distance
from the ground directly below the center line of the luminaire to
the lowest direct light-emitting part of the luminaire.
A ray of light that is pointing towards and striking a surface.
Direct light that has been reflected or scattered off of
other surfaces.
A light bulb or other component of a fixture that changes
electricity into visible light.
The inappropriate or excessive use of artificial light.
Light that falls beyond the property it is not intended to
illuminate.
A condition caused by light directed upwards or sideways
reducing one's ability to view the night sky.
The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
No light or lights shall be so operated as to be a nuisance.
A nuisance shall be characterized by a lamp or fixture that exceeds
60 watts incandescent or the lumen equivalent (900) that is not pointed
away or shielded from light trespass into a neighbor's property.
The investigation of a nuisance light will be in response to a written
complaint. Where practicable, lighting installations are encouraged
to include timers, sensors and dimmers to reduce energy consumption
and unnecessary or unwanted lighting.
A.
All exterior lights shall be designed and located in such a manner
as to prevent objectionable light and glare from spilling across property
lines in all residential and multifamily properties.
B.
No light fixture or lamp, other than floodlights and spotlights,
shall be greater than the aggregate of 60 watts incandescent or the
lumen equivalent (900) if other bulb type. A light fixture that exceeds
60 watts may be in compliance so long as it does not trespass on neighboring
property so as to create a nuisance.
C.
Light fixtures shall be designed to prevent light pollution by shielding
the light source and directing light downward, away from the night
sky and adjacent property or properties.
D.
All outdoor lighting fixtures shall be shielded or otherwise contained
on the property from which it originates, known as "light trespass
limitations."
E.
Light fixtures or lamps shall be shielded and/or shaded in such a
manner as to direct incident rays from trespassing onto all adjacent
properties.
F.
Floodlighting and spotlighting may not exceed the lumens required
to illuminate the intended property where it is installed. Furthermore,
it shall not be arranged in such a way that light will shine towards
and/or onto roadways, onto any adjacent property or into the night
sky. All floodlights and spotlights are subject to provisions of this
chapter.
G.
Lights installed on canopies or roof overhangs shall be recessed
so that the lens cover is flush with the bottom surface of the canopy
or overhang. Lights shall not be mounted on the sides or top of the
canopy or overhang.
H.
Lights on poles shall not be taller than the building whose area
they illuminate, nor taller than 10 feet, whichever is shorter. Where
practicable, lighting installations are encouraged to include timers,
sensors and dimmers to reduce energy consumption and unnecessary lighting.
Any prohibited light, lights or lighting now in existence, in
connection with a permitted use or granted variance or in connection
with a valid nonconforming use, which violates or does not conform
to the provisions hereof shall be altered, removed or replaced in
conformity with the provisions hereof.
A.
The enforcement officer or his duly authorized representative shall
be responsible to conduct inspections regarding compliance with the
terms of this chapter, upon written complaint.
B.
Whenever the enforcement officer finds that there has been a violation
of this chapter, he shall give notice to the person or persons responsible.
Such notice shall:
(1)
Be in writing;
(2)
Include a description of the real estate sufficient for identification;
(3)
Include a statement of the reason why the notice is being issued;
(4)
Set a reasonable time for the performance of any act it requires;
(5)
Be served upon the owner or his agent or upon the occupant, as the
case may require. Such service is to be in person or by registered
letter with return receipt requested or in any other manner authorized
or required by law.
C.
When, upon reexamination after the expiration of the time for compliance,
the enforcement officer finds that the violation has not been corrected,
then he is authorized to cause the matter to be brought to court.
D.
Violation of the terms of this chapter shall be enforceable in the
City Court of the City of Glens Falls, which shall have original jurisdiction
over such violations.
E.
A violation of any of the provisions of this chapter shall, upon
conviction thereof, subject the offending party to a fine not to exceed
$250 or to imprisonment for a term not to exceed 15 days, or both.
for each offense. Each day that a violation continues after due notice
has been served, in accordance with the terms and provisions hereof,
shall be deemed a separate offense.
