The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
shall mean the blocking, covering, fixing, installing, locating,
positioning, or restricting of light emitted from a luminaire or outdoor
light source in order to prevent light pollution.
shall mean any electrical bulb, tube, diode, or other device
that produces artificial light or illumination.
shall mean the light emitted by a luminaire or an outdoor light source that falls, illuminates, shines, or otherwise affects the public right-of-way, the safe operation of a motor vehicle, or the real or personal property abutting or distinct from the real or personal property upon which such luminaire or outdoor light source is positioned, installed, fixed, or located, as determined in accordance with section 10-251 herein.
shall mean a unit composed of an outdoor light source together
with any of its component parts or accessories.
shall mean the city's chief code enforcement officer or his
designee.
(Ordinance 19-659-14, § 1,
adopted 4/25/2019)
No luminaire or outdoor light source in the city shall create
light trespass. Therefore, unless otherwise exempt from this article,
any luminaire or outdoor light source located within the city shall
be adequately shielded. The officer shall determine if an instance
of light trespass has occurred or is occurring. The officer shall
determine that light trespass has occurred or is occurring if the
light emitted or originating from a luminaire or outdoor light source
reaches a height of more than three feet or an intensity of more than
0.05 foot candles at the boundary of the real property abutting the
real property upon which such luminaire or outdoor light source is
positioned, installed, fixed, or located.
(Ordinance 19-659-14, § 1,
adopted 4/25/2019)
Exempt from the provisions of this article shall be any luminaire
or outdoor light source that:
(1)
Is
required or necessary for use by law enforcement or other emergency
personnel;
(2)
Illuminates
publicly-owned property, including but not limited to, parks, recreation
areas, schools, streets, street signs, monuments, and sidewalks;
(3)
Is
authorized by and conforms with state or federal law;
(4)
Is
used as an annual holiday decoration from November 1 through January
10;
(5)
Is
used as security lighting that is temporary in nature and is motion
activated;
(6)
Is
used for special events such as festivals, fairs, holiday celebrations,
concerts, or sporting events that are either sponsored by the city
or have received authorization from the city; or
(7)
Is
positioned, installed, fixed, or located on property used for residential
purposes.
(Ordinance 19-659-14, § 1,
adopted 4/25/2019)
If the officer discovers or is notified of an occurrence of light trespass caused by a luminaire or outdoor light source, then the officer or designee may require that the owner or occupant of the property on which such luminaire or outdoor light source is positioned, installed, fixed, or located to adequately shield the luminaire or outdoor light source within a reasonable time as specified by the officer. If the property owner or occupant does not adequately shield the luminaire or outdoor light source within the time specified by the director, then the property owner or occupant shall be in violation of this Code and shall be subject to the penalties provided for in section 1-13 of this Code.
(Ordinance 19-659-14, § 1,
adopted 4/25/2019)
A luminaire or outdoor light source in existence on the effective date of this article that would otherwise be in violation of this article shall become adequately shielded within three months of the effective date of this article or the property owner or occupant of the property on which such luminaire or outdoor light source is positioned, installed, fixed, or located shall be in violation of this Code and shall be subject to the penalties provided for in section 1-13 of this Code.
(Ordinance 19-659-14, § 1,
adopted 4/25/2019)
