This article shall be known as the lighting ordinance of the City of Jarrell, Texas, herein referred to as “the city.”
(Ordinance 2005-007, sec. I, adopted 4/19/05)
The lighting regulations established in this article have been adopted for the purpose of:
(1) 
Ensuring that outdoor lighting does not interfere unreasonably with the reasonable use and enjoyment of property, and to minimize instances of light trespass, as defined herein, within the city’s jurisdiction;
(2) 
Helping to preserve the present rural character within the city’s jurisdiction by minimizing the growth of urban skyglow;
(3) 
Regulating the permitted construction of outdoor lighting fixtures within the city’s jurisdiction;
(4) 
Encouraging the use of outdoor lighting which will preserve the natural environment, minimize glare, increase nighttime safety and security, and conserve energy by using efficient means of illumination within the city’s jurisdiction.
(Ordinance 2005-007, sec. II, adopted 4/19/05)
Candle power.
One candle power source emits one lumen into one steradian.
Illumination.
One footcandle equals one lumen falling on a one square foot surface.
Light trespass.
Light emitted from fixtures designed or installed as to cause light to fall where it is not wanted, usually on neighboring property, motor vehicle drivers’ eyes, or wasted upwards, illuminating the sky.
Lumen.
Amount of light from one international candle emitted through one steradian solid angle, international candle and steradian being as they are understood and accepted by illuminating engineers.
Nanometer (nm).
One billionth of a meter, used as indicator of color “wave length” of light. E.g.: blue, green and red, which cover the visible spectrum. The blue is 400 nm, green is 550 nm, red is 700 nm.
Outdoor lighting.
Any type of lighting, fixed or movable, designed or used for outdoor illumination of buildings or homes, including lighting for billboards, streetlights, canopies, gasoline station islands, searchlights used for advertising purposes, externally or internally illuminated on- or off-premises advertising signs, and area-type lighting. It does not include lighting equipment required by law to be installed on motor vehicles or lighting required for the safe take-off and landing of aircraft.
(Ordinance 2005-007, sec. III, adopted 4/19/05)
(a) 
The installation of outdoor lighting which does not meet the following lamp efficiency is prohibited:
(1) 
Lamps of 1,000 to 10,000 lumens must have an energy efficiency of 50 lumens per watt or better.
(2) 
Lamps of more than 10,000 lumens must have an energy efficiency of 75 lumens per watt or better.
(b) 
Outdoor lighting, as outlined above, energized between 10:00 p.m. and sunrise which only emits light below a horizontal plane running through the lowest point on the fixture where light is emitted are allowed.
(c) 
All lighting located in nonresidential districts shall be aimed, located, designed, fitted, shielded, and maintained so as to not present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto neighboring use or property.
(d) 
The illumination of any sports recreational facility, public or private, is allowed between sunrise and 11:00 p.m., unless it is needed to complete a specific organized activity or event already in progress at 11:00 p.m.
(e) 
The installation of street lights which does not exceed by ten percent (10%) federal and state minimums for total luminous output and peak luminous flux at ground level are allowed.
(f) 
The replacement, enlargement, alteration, repair or improvement of any existing outdoor lighting equipment which becomes damaged or inoperable with equipment which does not conform with this article is prohibited. This prohibition applies to all fixtures exempted in section 4.06.006. Interim mercury vapor bulb replacement shall be allowed until March 2007.
(g) 
Whenever the use of any existing building, structure, or premises is changed to a new use, all outdoor lighting shall be reviewed and brought into compliance with this code before the new use commences.
(h) 
The illumination of any billboard or advertising sign, whether on premises or off premises, between sunrise and 11:00 p.m. is allowed, except instances that meet one of the following criteria:
(1) 
On-premises signs may remain illuminated between 11:00 p.m. and sunrise only while the business is open to the public; or
(2) 
On- or off-premises signs may remain illuminated between 11:00 p.m. and sunrise only if no light is emitted above a horizontal plane and the light emitted does not constitute light trespass, as herein defined.
(i) 
Any illumination device energized between 11:00 p.m. and sunrise, except those exempted by section 4.06.006, which constitutes light trespass is prohibited.
(j) 
Any illuminated device not exempted by section 4.06.006 which emits energy in wavelengths not visible to the human eye is prohibited. Prohibited wavelength emissions are those shorter than 350 nanometers (ultraviolet); provided, however, such prohibition is not intended to restrict the use of any equipment other than that used for visible lighting. For example, sun tanning apparatus.
(k) 
The illumination of the flag of the United States of America and/or the flag of the State of Texas after dark and before sunrise is allowed so long as such illumination is in accordance with the State of Texas Government Code title 11 State Symbols and Honors; Preservation, subtitle A. State Symbols and Honors, chapter 3100. State Flag, subchapter B. Display of State Flag, section 3100.052. Display Outdoors, which states:
(1) 
The state flag should not normally be displayed outdoors before sunrise or after sunset.
(2) 
For patriotic effect, the state flag may be displayed outdoors:
(A) 
24 hours a day, if properly illuminated during darkness; or
(B) 
In the same circumstances that the flag of the United States may be displayed.
(3) 
The state flag should not be displayed outdoors during inclement weather unless the flag is a weatherproof flag.
(l) 
Piers for lightpoles taller than eight (8) feet shall be designed by an engineer competent in structural engineering. Soil condition and wind loading shall be accounted for in the pier design.
(m) 
Any lighting operating with a red, white, or blue beacon, flashing, or alternating light will not be permitted.
(n) 
Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, or for illumination of the path of egress during emergency as described in NFPA 75 and NFPA 101, are exempt from the requirements of this section.
(Ordinance 2020-0128-04 adopted 1/28/20)
This article is not intended to prohibit the use of any design, material or method of prescribed installation not specifically proscribed by this article, provided such alternative meets the legislative intent of this article.
(Ordinance 2020-0128-04 adopted 1/28/20)
The following lighting instances are exempt from this article:
(1) 
Outdoor lighting in place or operable immediately preceding the effective date of this article is exempt. The replacement, enlargement, alteration, repair or improvement of these grandfathered fixtures is governed by section 4.06.004 of this article.
(2) 
Incandescent lights of 100 watts or less and fluorescent lights of 20 watts or less, provided total luminous output does not exceed 1,000 lumens per acre and no light is emitted above a horizontal plane.
(3) 
Outdoor lighting for which light is produced directly by the combustion of fossil fuels.
(4) 
Outdoor lighting in which light is produced in glass tubes filled with neon, argon or krypton.
(5) 
Outdoor lighting used during law enforcement, fire, and medical activities.
(6) 
Outdoor lighting employed during emergency repairs of roads and utilities.
(7) 
Outdoor lighting required by law to be installed on motor vehicles.
(8) 
Outdoor lighting required for the safe operation of aircraft.
(9) 
Temporary lighting required to save life or property from imminent peril.
(10) 
Outdoor lighting installed on federal and state facilities, however, voluntary compliance is encouraged.
(11) 
Temporary exemptions to this article may be given, upon written request to the sign administrator, but may not exceed 10 days per exemption and have a limit of two extensions per temporary exemption.
(Ordinance 2005-007, sec. VI, adopted 4/19/05)
(a) 
A permit is required for all outdoor lighting as specified and required by this article. The permit shall specify the standards and conditions under which the outdoor lighting requested is to be authorized. This permit is to be made available to any authorized city official during the construction or alteration phase of work on the outdoor light permitted under this article. Failure to produce this permit upon request shall be deemed a violation as specified under section 4.06.009 Violation and penalties of this article.
(b) 
A nonrefundable fee of $25.00 shall be paid at the time of application for permit. If an application is returned to applicant for administrative corrections, then an additional fee is not required. If an application is denied, or returned for substantive condition or construction change, then a new fee shall be required when the application is re-submitted or submitted anew.
(Ordinance 2005-007, sec. VII, adopted 4/19/05)
All artificial outdoor lighting fixtures shall be installed and operated in conformance with the provisions of this article and not violate the sign ordinance of the city.
(Ordinance 2005-007, sec. VIII, adopted 4/19/05)
(a) 
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve or convert any type, or cause the same to be done, contrary to or in violation of any provision of this article. Any person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of this article is committed, continued or permitted.
(b) 
Any person who violates the provisions of this article upon conviction shall be guilty of a misdemeanor and shall pay such penalties as the court may decide not to exceed fifty dollars ($50.00) for the first offense and for the second and additional offenses one hundred dollars ($100.00). Each day’s continued violation shall constitute a separate violation.
(c) 
Payment of any penalty herein provided shall not relieve a person, firm or corporation from the responsibility of correcting the conditions consisting of the violation.
(Ordinance 2005-007, sec. IX, adopted 4/19/05)
(a) 
Any lighting fixture erected, constructed, enlarged, altered, repaired, moved, improved or converted contrary to the provisions of this article shall be, and the same is hereby declared to be, unlawful and a public nuisance.
(b) 
The city council or its appointed authority shall, when appropriate, commence necessary proceedings for the abatement, removal and/or enjoinment of any such public nuisance in the manner provided by law. Any failure, refusal or neglect to obtain a permit as required by this article shall be prima facie evidence of the fact that a public nuisance has been committed in connection with the erection, construction, enlargement, alteration, repair, movement, improvement or conversion of an outdoor lighting structure.
(Ordinance 2005-007, sec. X, adopted 4/19/05)
Where any provision of this article conflicts with the statutes, codes or laws of the United States of America or the state, the most restrictive shall apply unless otherwise required by law.
(Ordinance 2005-007, sec. XI, adopted 4/19/05)