[HISTORY: Adopted by the Township Council of the Township
of Montclair as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-19-2016 by Ord. No. O-15-036]
The Council finds that unwanted invasive light detracts from
the quality of life in the Township, and can adversely affect relations
between neighbors; consequently, the Council encourages the use of
mediation and other forms of alternate dispute resolution to resolve
disputes involving such invasive light.
It is hereby declared to be a nuisance, and it shall be unlawful,
for any person to make or cause or suffer or permit to be made or
caused, upon any premises owned, occupied or controlled by him or
her, any light that is directed at one or more points at a residence
not on the same lot as the light source or that shines into window
or windows of residences, to the annoyance of any residents thereof.
Such light is declared to be injurious to the well-being, health,
peace and comfort of the inhabitants of the Township or any number
thereof.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $2,000,
imprisonment in the county/municipal jail for a term not exceeding
90 days, or a period of community service not exceeding 90 days, or
any combination thereof as determined by the Municipal Court Judge.
Each day on which a violation of this article exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine. In cases where the complainant is a private
party, mediation is recommended, subject to the Court's discretion.
