Chapter 8.32
OUTDOOR LIGHTING ON PRIVATE PROPERTY
Sections:
8.32.080 Penalties for violation.
8.32.010 Purpose.
The purpose of this chapter is to provide regulations that preserve and enhance the view of the dark sky; promote health, safety, security, and productivity; and help protect natural resources. The provisions of this chapter are intended to control glare and light trespass. It is the intent of this chapter to provide standards for appropriate lighting practices and systems that will enable people to see essential detail in order that they may undertake their activities at night, facilitate safety and security of persons and property, and curtail the degradation of the nighttime visual environment. (Ord. 399 § 1(Exh. A)(part), 2012)
8.32.020 Definitions.
The following terms have the following definitions for purposes of this chapter:
A. “Accent lighting” means any luminaire that emphasizes a particular object or draws attention to a particular area for aesthetic purposes.
B. “Cut-off angle” (of a luminaire) means the angle, measured from the lowest point between a vertical line from the center of the lamp extended to the ground and the first line of sight at which the bare source is not visible.
C. “Department” means the department of public works or mayor’s designee.
D. “Fixture” (also called a “luminaire”) means a complete lighting unit including the lamps, together with the parts required to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.
E. “Foot-candle” means a measure of illuminance or a measure of how bright a light appears to the eye. One foot-candle is equal to one lumen per square foot. As an example, a typical sixty-watt incandescent lamp (eight hundred forty lumens) produces an illuminance of one-tenth foot-candle at a distance of about twenty-five feet.
F. “Fossil fuel light” means any outdoor lighting fixture producing light directly by the combustion of natural gas or other fossil fuel.
G. “Lamp” means the light-producing source installed in the socket portion of a luminaire.
H. “Light pollution” means general sky glow caused by the scattering of artificial light in the atmosphere and resulting in decreased ability to see the natural night sky.
I. “Light trespass” means any light emitted by an outdoor luminaire that shines directly beyond the property on which the luminaire is installed, or indirectly shines beyond the property on which the luminaire is installed at a brightness (illuminance) that exceeds one-tenth foot-candle at the property line.
J. Luminaire. See definition for “fixture.”
K. “Outdoor lighting fixture” means a luminaire outside of an enclosed building or structure or any luminaire directed such that it primarily illuminates outdoor areas.
L. “Shielding” means that no light rays are emitted by a fixture above the horizontal plane running through the lowest point of the fixture.
M. “Spotlight” means any lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. (Ord. 399 § 1(Exh. A)(part), 2012)
8.32.030 Applicability.
A. All outdoor lighting fixtures installed on private property shall comply with this chapter. This chapter does not apply to interior lighting; provided, that if it is determined by the department that any interior lighting emitting light outside of the building or structure in which it is located creates a light trespass, the interior lighting shall be subject to the requirements of this chapter. Types of outdoor lighting to which this chapter applies include, but are not limited to, lighting for:
1. Buildings and structures including, but not limited to, overhangs and canopies.
2. Recreational areas.
3. Parking lot lighting.
4. Landscape lighting.
B. The city’s department of public works shall administer and enforce this chapter.
C. In the event of a conflict between the requirements of this chapter and any other requirement of the Brier Municipal Code the more restrictive requirement shall apply. (Ord. 399 § 1(Exh. A)(part), 2012)
8.32.040 Exemptions.
A. The following are exempt from the provisions of this chapter:
1. Traffic control signals and devices.
2. Street lights.
3. Temporary emergency lighting (i.e., fire, police, repair workers) or warning lights.
4. Moving vehicle lights.
5. Navigation lights (i.e., radio/television towers) or any other lights where state or federal statute or other provision of the Brier Municipal Code requires lighting that cannot comply with this chapter. In such situations, lighting shall be shielded to the maximum extent possible, and lumens shall be minimized to the maximum extent possible, while still complying with state or federal statute.
a. Seasonal decorations do not have to be shielded; provided, that they do not have a brightness of more than one-tenth foot-candle at the property line on which they are installed.
b. Outdoor lighting approved by the director for temporary or periodic events (e.g., street fairs, night-time construction).
c. Fossil fuel lights. (Ord. 399 § 1(Exh. A)(part), 2012)
8.32.050 General standards.
The following general standards shall apply to all non-exempt private outdoor lighting fixtures and accent lighting:
A. All light trespass is prohibited.
B. Outdoor lighting fixtures and accent lighting must be shielded and aimed downward, or at an angle not to exceed forty-five degrees and be limited to seventy-five watts incandescent per fixture. The shield must mask the direct horizontal surface of the light source. The light must be aimed to ensure that the illumination is only pointing downward onto the ground surface, or at an angle not to exceed forty-five degrees and be limited to seventy-five watts incandescent per fixture, with no escaping direct light permitted to contribute to light pollution by shining upward into the sky.
C. All private outdoor lighting fixtures and accent lighting shall be designed, installed, located and maintained such that there is no light trespass.
D. Accent lighting shall be directed downward, or at an angle not to exceed forty-five degrees and be limited to seventy-five watts incandescent per fixture, onto the illuminated object or area and not toward the sky or onto adjacent properties. Direct light emissions of such accent lighting shall not be visible above the roof line or beyond the building, structure, or object edge.
E. Spotlighting on landscaping and foliage shall be limited to seventy-five watts incandescent per fixture. (Ord. 399 § 1(Exh. A)(part), 2012)
8.32.060 Prohibited.
A. The following fixtures (luminaires) are prohibited on private property:
1. Searchlights for any other purpose other than temporary emergency lighting.
2. Laser lights or any similar high-intensity light for outdoor use or entertainment, when projected above the horizontal plane.
3. Quartz lamps.
4. Mercury vapor lamps.
5. Strobe and similar flashing lighting.
B. The city reserves the right to further restrict outdoor lighting including, but not limited to, pole height, and level of illumination, when it is deemed to be in the best public interest consistent with the purpose of this chapter. (Ord. 399 § 1(Exh. A)(part), 2012)
8.32.070 Submittals.
All building permit applications including the installation of outdoor lighting fixtures shall provide evidence of compliance with the requirements of this chapter on a form provided by the Brier city clerk’s office. (Ord. 399 § 1(Exh. A)(part), 2012)
8.32.080 Penalties for violation.
Any violation of the provisions of this chapter shall constitute a civil infraction, and shall be punished in accordance with the provisions of BMC 1.28.030.
The first offense shall be punished as a Class A nontraffic civil infraction. Any failure to abate in accordance with an order of correction and any second offense for the same violation shall be punished as a Class B nontraffic civil infraction. Any third offense for the same violation shall be punished as a Class C nontraffic civil infraction. Any failure to respond to a notice for a nontraffic civil infraction issued under this section shall constitute a misdemeanor which shall be punished in accordance with the provisions of BMC 1.28.030(A). (Ord. 435 § 2 (Exh. B) (part), 2016: Ord. 399 § 1(Exh. A)(part), 2012)
8.32.090 Severability.
If any clause, sentence, paragraph, section or part of this chapter or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any part thereof to any other person or circumstances. (Ord. 399 § 1(Exh. A)(part), 2012)