[HISTORY: Adopted by the Board of Trustees of the Village of Huntington Bay as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-13-1976 by L.L. No. 9-1976; amended in its entirety 4-12-2004 by L.L. No. 4-2004]
This article shall be known as the "Village of Huntington Bay Outdoor Lighting Law."
The Board of Trustees hereby finds that the maintenance and protection of the public health, safety and welfare requires the regulation of outdoor lighting so as to prevent hazards and nuisances and to preserve the quiet enjoyment of neighboring properties.
Compliance required for installation, operation and to maintain outdoor lighting. No person, firm or corporation or his or its agents, servants or employees shall install, operate or maintain on private property in the Village any outdoor light, lamp or other illumination except in compliance with this article.
Rules of operation for all outdoor lighting. All outdoor exterior lights, lamps and other illuminations shall be so arranged, adjusted and operated with reflectors, refractors, shielding devices, and screening so that:
The beam or any part thereof shall not project beyond the property line of the premises of the owner or occupant so as not to constitute a nuisance or interfere with the peace, comfort, sleep or rest of any other person or persons, or adversely affect the health of any person or persons.
No light shall be directed upon any surface which shall reflect the beam or any part thereof beyond the property line of the premises of the owner or occupant.
No person shall use, operate or maintain a lighted or illuminated outdoor tennis court, paddle tennis court, basketball court or other outdoor recreational courts or fields or swimming pools, hot tubs or other similar structures between the hours of 11:00 p.m. and 8:00 a.m.
All lighting or illumination for an outdoor tennis court, paddle tennis court, basketball court or other outdoor recreational courts or fields or swimming pools, hot tubs or other similar structures should be shielded so as to prevent the lighting or illumination from shining upon a neighboring property so as not to constitute a nuisance or interfere with the peace, comfort, sleep or rest of any other person or persons, or adversely affect the health of any person or persons.
Except as provided in Village Code § 45-3C, no person, firm or corporation or his or its agents, servants or employees shall install, operate or maintain outdoor exterior lights, lamps, illuminations or fixtures on any building, pole, post, fence, similar structure or wire in the streets or lots, or on any building, pole, post, fence, similar structure or wire in the Incorporated Village of Huntington Bay, without the written permission of the Board of Trustees. Such restriction shall not apply to temporary decorative lighting placed on a residential premises during recognized holiday seasons.
This article shall not apply to any person or entity receiving a special permit from the Board of Trustees to maintain either permanent or temporary lighting for any extraordinary purpose or need, either private or public. Such special permit may be issued, provided that the purposes intended do not violate the spirit and intent of this article. The duration of such special permit shall be determined by the Board of Trustees.
Any outdoor exterior lights, lamps and other illumination existing on the effective date of this article shall be brought into compliance with the provisions hereof within six months thereafter. Lawfully existing outdoor recreational lighting with a valid certificate of compliance as of May 1, 2004, may be maintained so long as in compliance with all operational provisions of this article without the necessity for permission from the Board of Trustees so long as not changed in any manner.
In appropriate cases, the Zoning Board of Appeals, after a public hearing, may grant variances from the requirements of this article.
Each offense against the provisions of this article shall constitute a violation pursuant to the Penal Law of the State of New York and shall be punishable as such. Any person or persons violating any provisions of this article shall be liable for and pay a fine of not more than $500 or by a term of imprisonment not to exceed 15 days, or by both such fine and imprisonment.
Each week's continued violation shall constitute a separate additional violation.
If any part or provision of this article or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been apparent.
This article shall take effect immediately upon filing in the office of the Secretary of State of New York.