[Ord. 1783, 5/24/2004, Section 701]
a.
Title. This ordinance shall be known and may be cited as the State
College Hours of Operation of Stadium Lighting Control Ordinance.
b.
Purpose. To protect the privacy of residents and prevent the creation
of nuisances caused by unnecessary intensity and glare of lighting
at stadiums onto neighboring properties, public streets, and into
the night sky; and to prohibit lighting installations at stadiums
which have deficient photometric control such that the resulting glare
and light trespass create a nuisance to residents, pedestrians, cyclists,
or motorists on neighboring properties and roadways.
c.
Applicability. The requirements of this Part shall apply to the hours
of operation of lighting at all stadiums located within the Borough
of State College.
[Ord. 1783, 5/24/2004, Section 702]
As used in this Part, the following terms shall have the meanings
indicated:
Any maintained luminance that exceeds the levels permitted
under the State College lighting ordinance.
Part K of the State College Borough zoning ordinance or successor
regulations.
Large open or enclosed places used for athletic or other
major events and partly or completely surrounded by tiers of seats
for spectators.
[Ord. 1783, 5/24/2004, Section 703]
It shall be unlawful for any person(s) to cause to be made a
lighting nuisance within the limits of the Borough of State College,
except as provided in this ordinance. All such disturbances are declared
to be public nuisances.
[Ord. 1783, 5/24/2004, Section 704]
The primary light source (e.g. spotlights or floodlights) at
all stadiums shall be turned off within 60 minutes following the end
of the event and may not be in operation between the hours of 11:00
p.m. and 6:00 a.m., prevailing time.
[Ord. 1783, 5/24/2004, Section 705]
[Ord. 1783, 5/24/2004, Section 706]
The provisions of this ordinance shall be enforced by Borough
Ordinance Enforcement Officers, Police Officers, and others designated
by the Borough Manager.
[Ord. 1783, 5/24/2004, Section 707]
Any violation of this ordinance is hereby declared a public
nuisance and may be abated by administrative proceedings, fines, and
penalties herein provided. Nothing in this ordinance shall be construed
to impair any cause of action or legal remedy thereof by any person
or the public for injury or damage arising from the emission or release
into the atmosphere from any light source at a stadium of light on
such place or manner, or at such levels which may give rise to such
cause of action.
a.
Procedure. If, in the enforcement of this ordinance, it is determined
that a light nuisance exists, a written warning or a citation may
be issued. Any warning shall be in effect for 120 days. If, within
the 120 days, another violation occurs, a citation shall be issued.
A citation shall be issued for each subsequent violation that occurs
during the one-hundred-twenty-day period.
b.
Luminance Measurement and Test Procedures. When required to be measured,
luminance levels shall be measured in footcandles using a light meter
that is certified by the manufacturer as meeting N.I.S.T. (National
Institute of Standards and Technology) standards for light meters.
The accuracy of the light meter shall be certified yearly by an approved
facility for testing light meters.
c.
Penalties. Any person found guilty of violating provisions of this
ordinance shall be fined not less than $100 nor more than $600 for
the first offense, and not less than $150 nor more than $600 for the
second offense, and not less than $200 nor more than $600 for the
third offense, and not less than $300 nor more than $600 for the fourth
and subsequent offenses in any one-hundred-twenty-day period and,
upon failure to pay such fine, shall be sentenced to jail for a term
not to exceed 30 days for each offense. A separate and distinct offense
shall be committed each day.
