[Adopted 12-9-2021 by L.L. No. 3-2021]
This article shall be known, cited and referred to as "Artificial
Lighting Regulations."
The purpose of this article is to improve and promote the health,
safety and general welfare of the community, including the protection
and preservation of property interests of the Town of Marilla and
its inhabitants by the control of nuisance lighting.
As used in this article, the following terms shall have the
meanings indicated:
FOOTCANDLE
The amount of light from one candle at one foot from the
source of the light.
LAND
Includes not only buildings but the ground, soil or earth
as commonly understood.
STRUCTURE
A dwelling, barn, pole or elevated object or a building or
other structural improvement on any premises of such physical size
as to be able to be capable of having attached thereto and incorporated
thereon, on the exterior, artificial lighting by means of electrical,
gas or other luminescent fixtures.
Artificial lighting or illumination provided on any property
or by any use shall adhere to the following standards:
A. The illumination
provided by artificial lighting on the property shall not exceed two
footcandles beyond any property line.
B. Spotlights
or other types of artificial lighting that provide a concentrated
beam of light shall be so directed that the beam of light does not
extend beyond any property lines.
C. Spotlights
or other types of artificial lighting used to illuminate signs or
building faces shall not emit beams of light that extend beyond the
vertical plane of the sign or building face that they illuminate and
shall not be located in such a manner as to cause the beams of light
to be reflected upon any adjoining property, public street or vehicular
circulation area.
D. No artificial
lighting shall shine directly upon any neighboring property or be
so established that it shall shine directly upon any neighboring property
or shall shine directly on or into any room or rooms, porches or patios
of any neighboring property, nor shall any artificial lighting be
maintained or operated from any structure or land in such manner as
to be a nuisance or any annoyance to neighboring properties or as
to interfere with physical comfort of the occupants of neighboring
properties.
This article is enacted pursuant to the authority given any
municipality of this state to enact ordinances or local laws which
the governing body deems necessary and proper for the good government,
order or protection of persons and property and for the preservation
of the public health, safety and welfare of the Town of Marilla and
its inhabitants.
Any person or persons responsible for such nuisance or annoying
lighting as described hereinbefore, whether owner, lessee or lessees
or others using any premises, with or without the permission of the
owner, violating any of the provisions of this article shall, upon
conviction thereof, a complaint having been made, after a thirty-day
period to abate the problem, be subject to a fine not exceeding $250
or to imprisonment for a term not exceeding 15 days, or to both fine
and imprisonment, in the discretion of the court. Each day that a
particular violation shall continue shall constitute a separate offense.
This article shall take effect immediately upon adoption by
the Town Board of the Town of Marilla and filing with the Secretary
of State.