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HomeMy WebLinkAbout02132020 ZPC Agenda Item 3 Chapter 54 - OFFENSES AND MISCELLANEOUS PROVISIONS Article VIII. Outdoor Lighting Regulations Sec. 54-215 — Purpose of Outdoor Lighting. The purpose of this article is to provide regulations for outdoor lighting that will: (1) Minimize adverse offsite impacts of outdoor lighting such as light glare, and obtrusive light. Sec. 54-216 - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings Existing lighting means any lighting existing and installed on or before the effective date of the ordinance from which this article is derived. Foot-candle means the unit measure expressing the quality of light received on a surface. One foot-candle is the illuminance produced by a candle on a surface of one square foot from a distance of one foot. Glare. Emitted light or brightness when measured at the property line which exceeds: a. Adjoining residential property: One-half foot-candles measured in the vertical plane at five feet or higher above ground. b. Adjoining commercial property, public right-of-way, or power or drainage eas ments: Five (5) foot-candles measured in the vertical plane, five feet or higher above the ground. Outdoor Lighting means Any light located or mounted outdoors, or any light source, that directly or indirectly casts or projects glare outdoors, including, but not limited to, spotlights, floodlights, mercury vapor lamps, security lights, outdoor light fixtures, or similar illuminating devices. Sec. 54-217. — Glare Prohibited. It shall be unlawful for any person to cause or permit to be energized, on property owned or under his or her possession or control, any outdoor lighting which projects a glare, directly or indirectly, upon any lot, tract, parcel or land, or other public or private property, including streets, other than that property upon which such outdoor lighting is situated. All outdoor lighting shall be installed, oriented, regulated, operated, and maintained by the owner or person in control thereof in such a manner that the direct beam of any such light shall be aimed within the property boundaries, so that such outdoor lighting will not create a glare upon any lot, tract, or parcel of land other than that upon which it is situated, or create glare in, on, or over any point beyond the boundary of the lot, parcel, or tract of land from which said outdoor lighting emanates. The use of laser source light, searchlights, flashing and/or rotating lights or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited. Sec. 54-217. — Enforcement. (a) Upon receipt of a complaint from any citizen, or upon the initiative of any employee of the City of West University Place, Texas, a compliance inspection shall be conducted by the city administrator, the city building official, or other representatives designated by the city council. Sec. 54-218. — Exceptions The provisions of this article shall not apply to outdoor lighting operated by or under the direction of the city (for example street lighting), or emergency lighting used by police, firefighting, or medical personnel, or at their direction. (b) Seasonal decorations using typical unshielded low-wattage incandescent lamps shall be permitted from November 10 through January 30, but if such seasonal decorative lighting exceeds foot candle limits as defined in Section 54-216 Glare above, such lights shall be extinguished no later than 11:00 p.m. each night, and remain extinguished until at least sunrise of the following day. (c) Flags lighted. United States, and State of Texas flags are exempt from the provisions of this article. All other outdoor lighted flags, such as, but not limited to, decorative and commercial flags, shall conform to the provisions of this article. Nonresidential recreational facilities, such as outdoor athletic fields, courts or tracks, shall be exempt from the foot candle limits of this article, except that all events shall be scheduled so as to complete all activity no later than 10:30 p.m. Illumination of the outdoor athletic field, court or track shall be permitted after the curfew only to conclude a scheduled event that was unable to conclude before the curfew due to unusual circumstances. Field lighting for these facilities shall be turned off within 30 minutes after the last event of the night. Sec. 54-219. — Penalty Any person,corporation, or association violating any provision of this article shall be charged with a misdemeanor and if convicted shall be punished by a fine of not more than $500.00. Each occurrence of any such violation of this article shall constitute a separate offense. Each day on which any such violation of this article occurs shall constitute a separate offense.