[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.
A.
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.
B.
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:
(1)
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.
(2)
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.
A.
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.
B.
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.
A.
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.
B.
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.
