[Added 10-1-2019 by Ord. No. 235]
As used in this article, the following words and terms shall
have the meanings ascribed in this section unless the context of their
usage clearly indicates another meaning:
Lighting products used for decorative effects versus lighting
performance. Examples of entertainment lighting include, but are not
limited to, fountain lighting, lighting fixtures (pole, post or bollard
style) creating a visual effect with low lumen output, LED commercial
outdoor string lighting, and building wall sconce and chandelier lighting
with low lumen lamp source.
Lighting, uplighting or internally lit inflatable or plastic
decorations installed and operated in connection with holidays or
traditions.
Any number of bulbs, LEDs, or other light emitters connected
with wire in a linear or two-dimensional array, or inside of tubing,
not contained within the structure of a fixture, used for either illumination
or decreation, and supported in any manner.
(a)
No person shall install, maintain, or use any entertainment lighting
or string lighting on private property which produces glare or direct
illumination across a property line in a residential area of such
intensity that it creates a nuisance or unreasonably interferes with
the use or enjoyment of adjacent property.
(b)
Seasonal lighting may be on display no more than 60 days before the
holiday and no longer than 30 days after the holiday.
(c)
Entertainment lighting, string lighting and seasonal lighting in
compliance with this article must be turned off by no later than 11:00
p.m. C.S.T.
(a)
The Architectural Review Board ("ARB") may, upon advance request,
grant a specific exception license for a single or repeated event
with respect to the prohibitions of this article, but it shall be
subject to such conditions as the ARB deems appropriate. The ARB may
require as a condition, among others, that the applicant secure prior
written approval of adjacent residents or such other persons as the
ARB deems appropriate.
(b)
The following lighting and activities are not regulated by this article:
(1)
Exterior lighting, as defined elsewhere in the Mission Woods
Municipal Code;
(2)
Short-term lighting associated with activities authorized by
a valid temporary use permit, special event permit or film permit
during the duration of the permit;
(3)
Streetlights or lights installed, maintained and used in connection
with any public facilities, public buildings or public lands;
(4)
Construction or emergency lighting, provided such lighting is
temporary, necessary, and is discontinued immediately upon completion
of the construction work or termination of the emergency.
Any person violating any of the provisions of this article or
anyone failing to immediately abate unnecessary lighting after being
requested by law enforcement authorities or adversely affected persons
to do so shall be deemed guilty of maintaining a public nuisance.
Upon a first conviction for a violation of this article, the court
shall assess a fine of not less than $50. Upon a second conviction,
the court shall assess a fine of not less than $150. Upon a third
or subsequent conviction, the court shall assess a fine of not less
than $250. No prior conviction shall be considered in determining
the penalty to be assessed if 24 months have elapsed between the date
of the violation and the date of the conviction next immediately preceding
the sentencing date. Each occurrence of a violation, or in the case
of a continuous violation each day a violation occurs or continues,
constitutes a separate offense and shall be punishable as such hereunder.
