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Sample Legislation: Outdoor Lighting Nuisances

Outdoor Lighting Nuisances

Lighting is used by many establishments to spotlight a certain feature or grab your attention. Some displays are tasteful, whereas others can only be described as obnoxious or annoying. Municipalities draw the line when lighting causes hazards to traffic or glare onto adjoining property. If exterior lighting is not regulated in your community, you may want to review our samples, which are brief and to the point. The legislation limits the number of footcandles at the property line, places limitations on spotlights and prohibits lights that cause glare on neighboring properties. The goal is to prevent nuisances or hazards caused by lights.

Sample Ordinances:

Lacey, Twp. NJ: Ch. 227
Babylon, T. NY: Sec. 213-245
Ridgefield, B. NJ: Ch. 348

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Lacey, Twp. NJ:

  

Chapter 227

LIGHTING NUISANCES


  

[HISTORY: Adopted by the Township Committee of the Township of Lacey 7-9-1992 as Ord. No. 49-92 (Ch. 73C of the 1974 Code). Amendments noted where applicable.]


  

 

§ 227-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FOOTCANDLE — The amount of light from one (1) candle at one (1) foot from the source of the light.

LAND — Includes not only buildings but the ground, soil or earth as commonly understood.

STRUCTURE — A dwelling, barn, pole or elevated object, or a building or other structured improvement on any premises, of such physical size as to be capable of having attached thereto or incorporated thereon, on the exterior, artificial lighting by means of electrical, gas or other luminescent fixtures.

 

§ 227-2. Restrictions on artificial lighting and illumination.

Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:

  1. The illumination provided by artificial lighting on the property shall not exceed five (5) footcandles beyond any property line.

     

  2. Spotlights or other types of artificial lighting that provide a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.

     

  3. Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.

     

  4. No artificial lighting shall shine directly upon any neighboring property or be so established that it shall shine directly upon any neighboring property or shall shine directly on or into any room or rooms, porches or patios of any neighboring property, nor shall any artificial lighting be maintained or operated from any structure or land in such a manner as to be a nuisance or any annoyance to neighboring properties or as to interfere with the physical comfort of the occupants of neighboring properties.

     

§ 227-3. Legislative authority.

This chapter is enacted pursuant to the authority given any municipality of this state to enact ordinances which the governing body deems necessary and proper for the good government, order or protection of persons and property and for the preservation of the public health, safety and welfare of the Township of Lacey and its inhabitants.

 

§ 227-4. Violations and penalties.

Any person or persons responsible for such nuisance or annoying lighting as described hereinbefore, whether owner, lessee or lessees, or others using any premises, with or without the permission of the owner, violating any of the provisions of this chapter shall, upon conviction thereof, a complaint having been made, be subject to a fine not exceeding one thousand dollars ($1,000.), to imprisonment in the county jail for a term not exceeding ninety (90) days and/or to a period of community service not exceeding ninety (90) days, in the discretion of the court. Each day a particular violation shall continue shall constitute a separate offense.

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Babylon, T. NY:

§ 213-245. Light sources facing neighboring property. [Added 11-9-1993 by L.L. No. 11-1993]

  1. No artificial lighting shall shine directly upon any neighboring property or be so established that it shall shine directly upon any neighboring property or shall shine directly on or into any room or rooms, porches or patios of any neighboring structure or property as to be a nuisance. Nor shall any artificial lighting be maintained or operated from any structure or land in such a way as to be a nuisance to neighboring properties or as to impair vision through inordinate glare or to create a hazard to neighboring properties or as to interfere with the reasonable quiet enjoyment, use or comfort of the occupants of the neighboring properties.

     

  2. Exterior lighting facing neighboring property shall be hooded or shielded so that it does not produce an objectionable or inordinate glare on the neighboring property.

     

  3. Any prohibited lighting now in existence, in connection with a permitted use or granted variance or in connection with a valid nonconforming use, which violates or does not conform to the provisions hereof shall be altered, removed or replaced in conformity with the provisions hereof.

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Ridgefield, B. NJ:

 

  

Chapter 348

STREETLIGHTING


  

[HISTORY: Adopted by the Mayor and Council of the Borough of Ridgefield 12-22-1997 by Ord. No. 1612. Amendments noted where applicable.]


  

GENERAL REFERENCES

Streets and sidewalks — See Ch. 350.
Zoning, development and construction — See Ch. 390.

 

§ 348-1. Title.

This chapter shall be known as the "Exterior Lighting Standards Ordinance."

 

§ 348-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FOOTCANDLE — The amount of light from one candle at one foot from the source of the light.

GLARE — Any artificial light which shines with a strong, steady or dazzling light.

LAND — Comprehending not only buildings but the ground, soil or earth as commonly understood.

STRUCTURE — A dwelling, barn, pole or elevated object or a building or other structured improvement on any premises of such physical size as to be capable of having attached thereto or incorporated thereon, on the exterior, artificial lighting by means of electrical, gas or other luminescent fixtures.

 

§ 348-3. Restrictions on light sources facing neighboring property.

  1. No artificial lighting shall shine directly upon any neighboring property or be so established that it shall shine directly upon any neighboring property or shall shine directly on or into any room or rooms, porches or patios of any neighboring property nor shall any artificial lighting be maintained or operated from any structure or land in such a manner as to be a nuisance or an annoyance to neighboring properties or as to interfere with the physical comfort of the occupants of neighboring properties.

     

  2. Lights directly facing a neighboring property shall be shielded.

     

  3. No sources of light shall be maintained or operated in connection with any building or land in any manner or by any process or method which transmits an objectionable glare on neighboring property.

     

  4. In no instance will any glare be permitted if such glare originates from a light source facing any dwelling unit.

     

  5. The light intensity from illumination of any kind at any given location along the property line from which the light originates shall not exceed 0.6 footcandle.

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