The city council finds and declares that the sky is an important aspect of our environment and that it is a necessary public purpose to regulate the use of outdoor light fixtures in the city of Poulsbo to minimize light pollution.
(Ord. 88-36 § 1 (part), 1988; Ord. 2021-09 § 2 (Att. A), 2021)
It is the purpose and intent of this chapter to minimize light pollution for the enjoyment of the citizens of Poulsbo, the preservation of the “small town” atmosphere, the preservation of the suitability of Raab Park as a future observatory site and the conservation of energy by:
A. 
Requiring the use of shielded outdoor light fixtures wherever possible;
B. 
Requiring that certain outdoor light fixtures be turned off between midnight and sunrise; and
C. 
Encouraging the use of low pressure sodium outdoor light fixtures, using the minimum amount of light necessary to meet lighting criteria and using fixtures with good optical control to distribute light in the most efficient manner during the site plan or building permit review process.
(Ord. 88-36 § 1 (part), 1988; Ord. 2021-09 § 2 (Att. A), 2021)
As used in this chapter, the following terms shall have the meanings set forth below:
A. 
“Automatic timing device”
means a device which automatically turns on and off outdoor light fixtures or circuits. Photo controls are not considered automatic timing devices for purposes of this chapter.
B. 
“Outdoor lighting”
means all light fixtures which are permanently or temporarily installed for the purpose of illuminating outdoor areas.
C. 
“Shielding”
means a technique or method which causes light emitted from an outdoor light fixture to be projected below an imaginary horizontal plane passing through the fixture.
D. 
“Sign, illuminated”
means any sign as defined in the city sign code which is illuminated by internal or external light source(s).
(Ord. 88-36 § 1 (part), 1988; Ord. 2021-09 § 2 (Att. A), 2021)
A. 
Shielding. All outdoor fixtures, except illuminated signs, installed after June 1, 1988, shall be shielded from above in such a manner that the edge of the shield shall be level with or below the center of the light source so that no direct light is emitted above the horizontal plane established at the bottom of the lowest point on the light source. Light-directing refractors shall be considered to be light sources.
B. 
Lighting Replacement. All replacement of existing lighting fixtures shall meet the requirements of this section. Replacing a light bulb shall not be considered fixture replacement. Replacement shall include all situations in which the lighting fixture is physically removed and replaced with a new fixture and shall not include maintenance or repair work performed on an existing fixture.
(Ord. 88-36 § 1 (part), 1988; Ord. 2021-09 § 2 (Att. A), 2021)
The following shall be exempt from the provisions of this chapter:
A. 
Holiday lighting;
B. 
External illumination to highlight architectural features of buildings or structures; provided, that after construction of the Raab Park Observatory, lighting shall be turned off by an automatic timing device between midnight and sunrise, except that the building may be illuminated while the premises are open to the public;
C. 
All outdoor, illuminated signs or use of a searchlight for advertising purposes; provided, that after construction of the Raab Park Observatory, the illuminated signs or searchlights shall be turned off by an automatic timing device between midnight and sunrise, except that on premises signs may be illuminated while the business facility on the premises is open to the public;
D. 
Incandescent lighting fixtures in which the aggregate total wattage of all bulbs does not exceed three hundred watts.
(Ord. 88-36 § 1 (part), 1988; Ord. 2021-09 § 2 (Att. A), 2021)
A. 
Any person may submit a written request to the board of adjustment for a temporary variance from the requirements of this chapter. The request for the variance shall contain the following information in addition to the information contained in an application for variance from the city zoning code:
1. 
The type and use of outdoor light fixture involved;
2. 
The specific exemption requested;
3. 
The total wattage of all lamp(s);
4. 
The proposed location and physical size of the outdoor light; and
5. 
The time(s) of use.
B. 
In addition to the data specified in subsection A of this section, the board of adjustment may request any additional information which would enable the board to make a reasonable evaluation of the request for variance.
C. 
The board may grant a temporary variance for a period of time not to exceed that specified by the board of adjustment; provided, that the board finds that the variance meet the terms of Chapter 18.290. In making its determination, the board shall consider the impact of the variance on the Raab Park Observatory facility as a property improvement which benefits the general public welfare and is located in the affected vicinity of the variance.
(Ord. 88-36 § 1 (part), 1988; Ord. 2021-09 § 2 (Att. A), 2021)
The building inspector or his designee shall inspect properties as necessary to determine whether the provisions of this chapter are being complied with and, whenever there is reasonable cause to believe that a violation has occurred upon any property, may enter upon such premises at all reasonable times to inspect the same or to perform any other duty imposed upon the building inspector by this chapter. The building inspector or his designee shall present proper credentials to the owner or other person in charge of the premises before demanding entry. If such entry is refused or if the owner or tenant or person in charge of the premises cannot be located, the building inspector or his designee shall have recourse to every remedy provided by law to secure entry, including, but not limited to, application for a search warrant. In making such application, the building inspector or his designee shall be assisted by the police department.
(Ord. 88-36 § 1 (part), 1988; Ord. 91-33 § 2, 1991; Ord. 2002-23 § 1, 2002; Ord. 2021-09 § 2 (Att. A), 2021)
Whenever the building inspector or his designee determines that a violation of this chapter has occurred, the building inspector or his designee may issue a notice of infraction in accordance with Chapter 1.16.
(Ord. 88-36 § 1 (part), 1988; Ord. 91-33 § 3, 1991; Ord. 2013-05 § 5, 2013; Ord. 2021-09 § 2 (Att. A), 2021)
A. 
Violation. It is unlawful for any person, firm or corporation to violate any provision of this chapter.
B. 
Penalty for First Offense. Any person who shall commit a violation of this chapter, where such violation constitutes a first offense, shall have committed a civil infraction and, upon a finding by the Poulsbo municipal court that such infraction has been committed, shall pay a monetary penalty to the city of Poulsbo in an amount not to exceed two hundred fifty dollars.
C. 
Penalty for Second or Subsequent Offense. Any person who violates or fails to comply with any of the provisions of this chapter, where such a person has been adjudged by the Poulsbo municipal court to have committed a previous violation of such provisions, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, plus two hundred fifty dollars per day, for each day during which the violation continued in effect. In addition, each day or portion thereof during which any violation of this chapter is committed or permitted shall constitute a separate offense.
D. 
Additional Remedies. In addition to any other remedy provided by this chapter, the city may initiate injunction or abatement proceedings or any other appropriate action in the courts against any person who violates or fails to comply with any provisions of this chapter to prevent, enjoin, abate or terminate violations of this chapter or to restore a condition which existed prior to the violation. The violator shall pay the costs of such action including reasonable attorney’s fees.
(Ord. 88-36 § 1 (part), 1988; Ord. 2021-09 § 2 (Att. A), 2021)