[HISTORY: Adopted by the Town Board of the Town of Winneconne 6-17-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 260 but was renumbered in order to maintain the alphabetical
sequence of the Code.
A.
The purpose of this chapter is to improve nighttime public safety,
utility and security by restricting the nighttime emission of light
rays which are the source of light trespass and/or unnecessary glare,
and/or are detrimental to the safety and/or security of persons, property
or vehicular traffic, and/or are detrimental to the traditional aesthetic
values of the Town, and/or which unnecessarily restrict persons from
the peaceful enjoyment of their property.
B.
The provisions of this chapter shall apply to all outdoor luminaries
used, installed, replaced, altered, moved or repaired after the effective
date of this chapter, except as this applicability is specifically
expanded or reduced herein.
C.
The goal of this chapter is to have all outdoor luminaries be downward
directed, sized, and/or located so that the light emitted from the
luminaries does not constitute light trespass as defined herein.
A.
This chapter is enacted pursuant to the provisions of §§ 60.22(3)
and 60.23(29) and Chapter 61 of the Wisconsin Statutes.
B.
The provisions of this chapter are intended to supplement other applicable
codes and requirements. Compliance with all applicable provisions
of building, zoning, electrical and other codes must be observed.
In the event of a conflict between the requirements of this chapter
and other requirements, the more stringent requirement shall apply.
A.
"Light trespass" shall be defined as a light level that exceeds allowable
footcandle illumination at locations described herein.
B.
All exterior lighting must be located, sized, shielded and/or directed
in such a manner that it does not constitute light trespass as defined
herein. Illumination at ground level beneath the light source shall
not exceed two footcandles (five footcandles for active building entrances
or point of property access, sidewalks or fuel station pump area).
A light level of one footcandle or more at the property line also
constitutes light trespass.
C.
All outdoor luminaries must be turned off between 11:00 p.m. local
time and sunrise except when used for:
(3)
Lighting necessary to illuminate walkways, staircases, or public street and/or private roads in compliance with § 205-5; or
(4)
Lighting necessary for commercial purposes that continues after 11:00
p.m., but only for 30 minutes after the close of public access to
the place of business and 30 minutes prior to the opening of public
access to the place of business if before sunrise; or
(5)
Recreational use that continues after 11:00 p.m., but only for so
long as such use continues.
D.
The outdoor operation of flashing or rotating exterior lights, searchlights,
lasers or other high-intensity beams is prohibited except when authorized
by conditional use.
E.
No outdoor luminary may be operated in such manner as to constitute
a hazard or danger to persons or to safe vehicular or boating operation.
F.
In the case of state and national flags, statues, entranceway markers,
or other top-of-pole mounted objects which cannot be illuminated with
downward directed lighting, upward directed lighting may be used only
in the form of one or two narrow-cone spotlights which confine the
illumination to the object of interest, and provided that the lighting
is restricted to an angle of not less than 75° up from horizontal.
G.
Outdoor light pole fixtures shall not exceed a maximum height of
35 feet.
This section applies to all lighting on shoreline and berthing structures or designed to illuminate shoreline or those structures associated with berths. Lighting must comply with § 205-3, General requirements, of this chapter along with the following conditions:
A.
Lighting inside a boathouse and intended to illuminate its interior
is permitted.
B.
Lighting on exteriors of berthing structures shall be fitted with
opaque shields to prevent direct visibility of the lamp to persons
on public waters or adjacent lands more than 50 feet beyond the berthing
structure.
C.
Lighting not mounted on a berthing structure but designed to illuminate a berthing structure or its immediate vicinity shall comply with Subsection B above.
D.
Lighting installed on or intended to illuminate seasonally-used berthing
structures shall be turned off when not required for safety or security.
The following are exempt from the requirements of this chapter
to the extent described as follows:
A.
Agricultural.
(1)
Outdoor luminaries used to provide illumination onto land zoned Agricultural
are exempt from the requirements of this chapter except as described
in this section. After the effective date of this chapter, only shielded,
low-pressure sodium outdoor or light-emitting diode (LED) luminaries
may be newly installed to provide illumination.
(2)
In the case of the replacement of a luminary, lamp, and/or fixture
installed to provide illumination, if existing circuitry does not
permit replacement of an individual luminary, lamp, and/or fixture
with a low-pressure sodium light or LED fixture, high-pressure sodium
may be used instead.
(3)
All reasonable attempts shall be made to meet the goals of this chapter
and to eliminate light trespass from all outdoor luminaries whether
existing, newly installed or replacement and whether low-pressure
sodium, LED or high-pressure sodium light fixtures are used. Additional
shielding to eliminate light trespass onto adjoining residential properties
from outdoor luminaries shall be installed if requested by the adjoining
residential property owner or occupant or any affected party.
C.
Public and private roads.
(1)
Outdoor luminaries used to provide illumination for public streets
and private roads are exempt from the requirements of this chapter
except as described in this section. After the effective date of this
chapter, only shielded, low-pressure sodium outdoor or light-emitting
diode (LED) luminaries may be newly installed to provide illumination
for public streets and private roads. However, in the event that the
serving electric public utilities require high-pressure sodium lamps
for general street and highway lighting, or for other good and sufficient
reasons, high-pressure sodium lamps may be used instead of the low-pressure
sodium or LED luminaries as specified in this subsection when authorized
by conditional use.
(2)
In the case of the replacement of a luminary, lamp, and/or fixture
installed to provide illumination for public streets, if existing
circuitry does not permit replacement of an individual luminary, lamp,
and/or fixture with a low-pressure sodium light or LED fixture, high-pressure
sodium may be used instead.
(3)
All reasonable attempts shall be made to meet the goals of this chapter
and to eliminate light trespass from all outdoor luminaries used to
provide illumination for public streets and private roads, whether
existing, newly installed or replacement and whether low-pressure
sodium, LED or high-pressure sodium light fixtures are used. Additional
shielding to eliminate light trespass onto adjoining residential properties
from outdoor luminaries which provide illumination of private roads
shall be installed if requested by the adjoining residential property
owner or occupant or any affected party.
A.
Upon receipt of written complaint and determination of noncompliance,
written notice of such violation shall be issued to the owner and/or
occupant of such premises indicating the nature of the violation and
demanding the violation be abated within 30 days of delivery of notice.
B.
If the violation is not abated or appealed within the thirty-day
period, actions may be instituted to abate any violations of this
chapter and to collect the penalties for such violations, including
injunctive relief.
A.
Severability. This chapter, and its parts, is declared to be severable.
If any section, clause, provision, or portion of this chapter is declared
invalid or unconstitutional by a court of competent jurisdiction,
this decision shall not affect the validity of the chapter as a whole.
All parts of the chapter not declared invalid or unconstitutional
shall remain in full force and effect.
B.
Conflict. If any of this chapter is found to be in conflict with
any other ordinance or with any other part of this chapter, the most
restrictive or highest standard shall prevail. If any part of this
chapter is explicitly prohibited by federal or state statute, that
part shall not be enforced.