§ 50-480. Residential outdoor lighting standards.

(a)

Purpose; declaration of irreparable harm. The purpose of this section is to provide safe and effective residential outdoor lighting, while minimizing light pollution, glare, and light trespass to ensure the visually calm character of residential communities. Direct glare, reflected glare and harsh shadows lead to visual confusion, which creates safety issues for pedestrians, drivers and property owners. Additionally, light intrusion has measureable effects on sleep disruption and chronic sleep disruption may have long-term health risks. Therefore, the county council hereby finds and declares that a violation of this section presents a serious threat to the public health, safety and welfare, is irreparable or irreversible in nature, and constitutes a public nuisance by annoying the community and injuring the health of the citizens in general.

(b)

Residential outdoor lighting standards.

(1)

Definition. For the purposes of this section, residential structure shall include:

a.

One-family detached dwelling units, including accessory structures, fences, walls and hedges; and

b.

Two-family attached dwelling units that are not within a multifamily development, including accessory structures, fences, walls and hedges.

(2)

Standards. No person may install, construct, erect, maintain, or control any outdoor lighting or outdoor lighting fixture on a residential structure, or on its surrounding premises, which directly illuminates beyond the adjacent residential structure's property line, between sunset and sunrise. For the purposes of this section, adjacent property shall include all property within 360 degrees of the subject property, notwithstanding an intervening right-of-way. For the purposes of this section, property line shall be an invisible plane extending vertically at a 90-degree angle from ground level to a point above the height of the highest structure on either the subject property or the adjacent property.

(c)

Enforcement. This section shall be enforced as provided in chapter 2, article VII, division 3, except as otherwise provided in this section. No violator of this section shall be entitled to an opportunity to correct a violation prior to enforcement as provided in this section. Any person making a complaint under this section shall sign a sworn affidavit prior to a citation being issued; otherwise no such complaint shall be honored.

(d)

Penalty. The civil penalty shall be $50.00 for each violation. No violator of this section shall be entitled to an opportunity to correct a violation prior to the levy of a civil penalty as provided in this section. Any person who continues to violate this section after having been previously cited may be subject to further citations, including further citations issued on the day upon which the original citation was issued. If the person has been previously found through a quasi-judicial or judicial process to have violated, or who has admitted violating, this section within five years prior to the violation, the civil penalty shall be $100.00 for a second violation, $250.00 for a third violation and $500.00 for a fourth or subsequent violation.

(e)

Options of persons cited. The only options for a person cited for violating this section shall be the options and special magistrate method as provided in sections 2-395 through 2-397.

(f)

Appeals. Appeals from a final administrative order of the special magistrate shall be as provided in section 2-398.

(g)

Supplemental authority; additional remedies. Nothing in this section prevents enforcement against actions that violate both this section and any other provision of this Code regarding lighting, pursuant to any enforcement method available by law. In addition to the remedies provided in this section, a violation of this section is declared a public nuisance and the county is authorized to pursue any and all remedies available at law for public nuisances. Furthermore, nothing in this section shall be construed to limit any private right of action.

(Ord. No. 2014-10, § III, 8-7-14)