Chapter 6.01 — DARK SKY; LIGHT POLLUTION

Section

• 6.01.010 Definitions

• 6.01.020 General requirements

6.01.030 Approved materials and methods of installation

6.01.040 Requirement for lamp source and shielding

6.01.050 Submission of plans and evidence of compliance

6.01.060 Prohibitions

6.01.070 Permanent exceptions

6.01.080 Temporary exemptions

6.01.090 Emergency exemptions 6.01.100 Conflicts 6.01.110 Appeal

6.01.120 Violations and penalties

• 6.01.130 Violations constituting public nuisance

As used in this chapter, unless a different meaning is apparent from the context or is specified elsewhere in the code. CLASS I LIGHTING. All outdoor lighting used for, but not limited to, outdoor sales or eating areas, assembly or repair areas, outdoor advertising displays and other signs, recreational facilities and other similar applications when color rendition is important.

CLASS II LIGHTING. All outdoor lighting used for, but not limited to, illumination for walkways, private roadways and streets, equipment yards, parking lot and outdoor security.

CLASS III LIGHTING. Lighting not needed for Class I or Class II purposes and used for decorative effects. Examples of CLASS III lighting include, but are not limited to, the illumination of flag poles, trees, fountains, statuary and building walls.

FULLY SHIELDED. Outdoor light fixtures shielded or constructed so that light rays emitted by the fixtures are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted. INDIVIDUAL. Any private individual, tenant, lessee, owner or any commercial entity, including, but not limited to, companies, partnerships, joint ventures or corporations.

INSTALLED. Any installation of outdoor light fixtures after the effective date of this chapter. Projects with construction plans approved by the city prior to the effective date of this chapter are excluded from installation in compliance with this chapter.

LUMINARE. A complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.

OUTDOOR ADVERTISING DISPLAY. Advertising structures and signs used for outdoor advertising purposes, not including on-site advertising signs, as further defined and permitted in County Land Use Ord. 348, adopted by reference by the city, or the successor thereto.

OUTDOOR LIGHT FIXTURES. Outdoor artificial illuminating devices, installed or portable, used for flood

lighting, general illumination or advertisement. The devices shall include, but are not limited to, search, spot and flood

lights for:

• (1) Buildings and structures;

• (2) Recreational facilities;

• (3) Parking lots;

• (4) Landscape lighting;

• (5) Outdoor advertising displays and other signs;

• (6) Street lighting on private streets; and

• (7) Walkway lighting.

OUTDOOR RECREATIONAL FACILITIES. Public or private facilities designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities. OUTDOOR RECREATIONAL FACILITIES include, but are not limited to, fields for softball, baseball, football, soccer and other field sports, courts for tennis, basketball, volleyball, handball and other court sports, stadiums and lighted golf facilities such as driving ranges.

and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities. OUTDOOR RECREATIONAL FACILITIES include, but are not limited to, fields for softball, baseball, football, soccer and other field sports, courts for tennis, basketball, volleyball, handball and other court sports, stadiums and lighted golf facilities such as driving ranges.

PARTIALLY SHIELDED. Outdoor light fixtures designed or constructed so that 90% of the light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point of the shield. PLANNING DIRECTOR. The Planning Director for the city or his or her designee.

(Ord. 2009-24, passed 3-3-2009)

These standards apply within the city.

• (A) Preferred source. Low-pressure sodium lamps are the preferred illuminating source.

• (B) Shielding. All non-exempt outdoor light fixtures shall be shielded as required herein.

• (C) Hours of operation. All non-exempt outdoor light fixtures are subject to the provisions of this chapter regarding hours of operation.

(D) Outdoor advertising display. Lighting fixtures used to illuminate an outdoor advertising display shall be mounted on the top of the outdoor advertising structure. All fixtures shall comply with the lamp source and shielding requirements and the prohibitions of this chapter.

(Ord. 2009-24, passed 3-3-2009)

This chapter is not intended to prevent the use of any design, material or method of installation not specifically forbidden; provided, any alternate has been approved. The Planning Director may approve any proposed alternate if it:

(A) Provides at least approximate equivalence to the applicable specific requirements of this chapter; and

(B) Is otherwise satisfactory and complies with the intent of this chapter.

(Ord. 2009-24, passed 3-3-2009)

(A) A maximum of 8,100 total lumens per acre or per parcel if under one acre shall be allowed. When lighting is “allowed”, it must be fully shielded if feasible and partially shielded in all other cases, and must be focused to minimize spill light into the night sky and onto adjacent properties.

(B) The requirements for lamp source and shielding of light emissions for outdoor light fixtures shall be:

(Ord. 2009-24, passed 3-3-2009)

• (A) The application for city approval for non-exempt outdoor light fixtures shall include evidence that the proposed

work will comply with this chapter. The submission shall contain, but shall not be limited to, the following:

• (1) The location of the site where the outdoor light fixtures will be installed;

• (2) Plans indicating the location and type of fixtures on the premises; and

• (3) A description of the outdoor light fixtures, including, but not limited to, manufacturer’s catalog cuts and drawings.

(B) The above required plans and descriptions shall be sufficiently complete to enable the city to readily determine compliance with the requirements of this chapter. If the plans and descriptions do not provide sufficient information for that determination (whether by reason of the nature or configuration of the devices, fixtures or lamps proposed, or otherwise), upon request, the applicant shall submit further evidence of compliance enabling the determination. (Ord. 2009-24, passed 3-3-2009)

The installation of other than low pressure sodium street lights on private roadways and streets is prohibited. All Class I lighting in the city shall be off between 11:00 p.m. and sunrise, except as follows.

• (A) On-premise advertising signs may be illuminated while the business facility is open to the public.

• (B) Outdoor advertising displays may remain lighted until midnight.

• (C) Outside sales, commercial, assembly, repair and industrial areas may be lighted when the areas are actually in use.

• (D) Outdoor recreational facilities may remain lighted to complete recreational activities that are in progress and under illumination in conformance with this chapter at 11:00 p.m.

• (E) All Class II lighting may remain on all night.

• (F) All Class III lighting shall be off between 11:00 p.m. and sunrise.

• (G) Operation of searchlights for advertising purposes is prohibited.

(Ord. 2009-24, passed 3-3-2009)

(A) Non-conformance. All outdoor light fixtures existing and legally installed prior to the effective date of County Ord. 655 are exempt from the requirements of this chapter, except that:

• (1) When existing luminaries are reconstructed or replaced, the reconstruction or replacement shall be in compliance with this chapter; and

• (2) The hours of operation set out in § 6.01.060 shall apply.

• (B) Fossil fuel light. All outdoor light fixtures producing light directly by combustion of fossil fuels (such as kerosene lanterns and gas lamps) are exempt from the requirements of this chapter.

(C) Holiday decorations. Lights used for holiday decorations are exempt from the requirements of this chapter. (Ord. 2009-24, passed 3-3-2009)

(A) Information required.

(1) Any individual may submit a written request to the Planning Director for a temporary exemption from the requirements of this chapter. The filing fee for the temporary exemption shall be determined by resolution of the City Council. The request for temporary exemption shall contain the following information:

• (a) Name, address and telephone number of the applicant;

• (b) Location of the outdoor light fixtures for which the exemption is requested;

• (c) Specific exemption(s) requested;

• (d) Use of the outdoor light fixtures involved;

• (e) Duration of the requested exemption(s);

• (f) Type of outdoor light fixture to be used, including total lumen output, character of the shielding, if any;

• (g) Previous temporary exemptions, if any; and

• (h) Other data and information as may be required by the Planning Director.

• (2) The Planning Director may approve or disapprove the request within ten business days from the date of

receipt of a complete request. The applicant will be notified of the decision in writing. Any denial of the request shall be accompanied by information regarding the appeal process.

(B) Duration of approval. The exemption shall be valid for not more than 30 consecutive days from the date of issuance of approval. Exemptions are renewable for a period of not more than 15 consecutive days. Requests for renewal of a temporary exemption shall be processed in the same manner as the original request. No outdoor light fixtures shall be exempted from this chapter for more than 45 days during any 12-month period. (Ord. 2009-24, passed 3-3-2009)

This chapter shall not apply to portable temporary lighting used by law enforcement or emergency services personnel to protect life or property.

(Ord. 2009-24, passed 3-3-2009)

Where any provision of the statutes, codes or laws of the United States of America or the state conflicts with any provision of this chapter the most restrictive shall apply unless otherwise required by law. (Ord. 2009-24, passed 3-3-2009)

An applicant may appeal the decision of the Planning Director under this chapter (alternates or temporary exemption) in the manner and time provided by the city municipal code.

(Ord. 2009-24, passed 3-3-2009)

(A) It shall be unlawful for any individual to operate, erect, construct, enlarge, alter, replace, move, improve or convert any lighting structure, or cause the same to be done, contrary to or in violation of any provision of this chapter. Any individual violating any provision of this chapter shall be deemed guilty of an infraction. The individual shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.

(B) A violation of this chapter may be enforced by an administrative citation. (Ord. 2009-24, passed 3-3-2009)

Any lighting structure erected, constructed, enlarged, altered, replaced, moved, improved or converted contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance and subject to abatement in the manner provided by law. Any failure, refusal or neglect to obtain a permit as required by this chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with the erection, construction, enlargement, alteration, replacement, improvement or conversion of a lighting structure erected, constructed, enlarged, altered, repaired, moved, improved or converted contrary to the provisions of this chapter.

(Ord. 2009-24, passed 3-3-2009)