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HomeMy WebLinkAboutORD 2097 Amending the Code re Outdoor Lighting RegulationsCity of West University Place Harris County, Texas ORDINANCE NO. 2097 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 54, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY ADOPTION OF A NEW ARTICLE IX, OUTDOOR LIGHTING REGULATIONS, AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. Chapter 54, Offences and Miscellaneous Provisions, of the Code of Ordinances, of the City of West University Place, Texas is amended by the adoption of a new Article IX, Outdoor Lighting Regulations, to read as set out in Appendix A, attached hereto. All other portions of Chapter 54 of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. This Ordinance takes effect immediately upon its passage and adoption on second reading. t00210684.docx } PA ED APPROVED AND ADOPTED ON FIRST READING on the day of , 2020. PASSED, APP4OVED ANAD PTED ON SECOND READING, AND SIGNED, on the�day of , 2020. a i� A-WA��nedl: 1,1A Secretary al} Mayor A Ci y Manager Approved as to legal form:C:�� �—� �—z City Attorney (00210684.docx 1 2 Appendix "A" Chapter 54 - OFFENSES AND MISCELLANEOUS PROVISIONS Article IX. Outdoor Lighting Regulations Sec. 54-215 — Purpose. The purpose of this article is to provide regulations for outdoor lighting that will minimize adverse offsite impacts of outdoor lightinq such as light glare. Sec. 54-216 - Definitions. The following words, terms, and phrases. when used in this article, shall have the following meanings: Glare means the sensation produced by luminances. within the _visual _fieid. that are sufficiently greater than the luminance to which the eves are adapted to cause annoyance diseomfo_ q, or loss in visual performance or visibility. Outdoor lighting means lighting eguigment installed within -the property line and outside the building envelope, whether attached to poles, building structures, the earth, or any other location, and any associated lighting control equipment. Sec. 54-217. — Violation Declared. (a) 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 Iiehting_.which projects a glare directly ujoon any lot, tract, parcel of land, or other private property other than that property. upon which such outdoor lighting is situated. Lb) The use. of laser source light, searchlights, flashing and/or rotating lights or any similar high LnIgnsity light for. outdoor advertising or entertainment, when projected above the horizontal, is prohibited, unless as authorized by this article. Sec. 54-218. — Enforcement. Umn 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 Building Official, code enforcement _officers, peace officer or other representatives designated by the City Manager. {00210684.docx } Sec. 54-219. -- Exceptions. (a) The provisions of this article shall not apply to: 1. Lighting operated for emergency liphtinn used by police, fire emergency, utility work personnel, or medical personnel, or at their direction. 2. Any City -owned and operated lighting. 3. Seasonal decorations using typical, unshielded, low -wattage, incandescent laMJDs or W.ht- emitting diodes (LED) or holiday light prosectors shall be permitted from November 10th through January 30tH 4. Lighting that illuminates the United States and State of Texas flags. All other outdoor lighted flags, such as but not limited to decorative and commercial flags shall conform to these provisions. Lb) Residential security lighting, such as motion activated flood lights are permissible under the following condition: lighting must be installed or shielded in away that does not cause !fight glare onto other properties, in accordance with Section 54-217. Sec. 54-220. — Penalty Any person_ violating any provision of this article may be charged with a misdemeanor and if convicted, may be subject to a fine of not more than $500.00. Each occurrence of any such violation of this article shall constitute a seyarate offense. Each day -on -which any such violation of this article occurs shall constitute a separate offense. (00210584.docx )