VILLAGE OF HONOR DARK SKY ORDINANCE

Similar documents
when the following proceedings, among others were held and done, to-wit: ORDINANCE NO. 13

INSPECTION FEES; PROVIDING FOR SEVERABILITY; ALLOWING FOR READING OF THIS ORDINANCE BY TITLE ONLY; AND PROVIDING AN EFFECTIVE DATE.

ORDINANCE NO AN ORDINANCE AMENDING AND ESTABLISHING THE FEE SCHEDULE FOR SERVICES PROVIDED BY THE ELKHART COUNTY BUILDING DEPARTMENT

Alachua County Board of County Commissioners ORDINANCE 07-

ORDINANCE NO. 72 THE TOWNSHIP BOARD OF TRUSTEES FOR THE CHARTER TOWNSHIP OF LANSING HEREBY ORDAINS:

Florence County Zoning Ordinance - Condition and Review

PENNSYLVANIA SUNSHINE ACT 65 Pa.C.S.A This chapter shall be known and may be cited as the Sunshine Act.

Electronic Communications Privacy Protection Act. SECTION 1. {Title} This Act may be cited as the Electronic Communications Privacy Protection Act.

ORDINANCE NUMBER 1280

WOODBURY, NEW JERSEY ORDINANCE NO AN ORDINANCE OF THE CITY OF WOODBURY AMENDING THE CODE OF THE CITY OF WOODBURY SECTION VACANT PROPERTIES

TOWNSHIP COUNCIL OF MOUNT HOLLY TOWNSHIP BURLINGTON COUNTY, NEW JERSEY ORDINANCE NO

SAN DIEGO COUNTY CODE

ARTICLE 1: GENERAL PROVISIONS ARTICLE 2: TAX EXEMPTED ARTICLE 3: DEFINITIONS

Ordinance to Regulate Wild and Dangerous Animals. Watauga County, N.C

ORDINANCE NO. 15- THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:

CITY OF THE VILLAGE OF DOUGLAS ALLEGAN COUNTY, MICHIGAN ORDINANCE NO

CITY OF STEAMBOAT SPRINGS, COLORADO ORDINANCE NO. 1868

ORDINANCE #18 MARIJUANA ESTABLISHMENTS PROHIBITED

New York State Department of State Local Law Filing 41 State Street, Albany, NY Local Law No. 2 of the year 2014

THE CORPORATION OF THE VILLAGE OF WARFIELD BYLAW #643

Michigan s Sunshine Laws OMA Basics of Michigan s Open Meetings Act

MOBILE HOME LAW. Revised November 2001

5. The location and description of the premises or place of business which is to be operated under such license.

ARTICLE 330 Landlord and Rental

WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS

Street Trees Ordinance.

Section 2. A new Chapter 8.38 is hereby added to Title 8 of the Brea City Code to read as follows: CHAPTER 8.38: REGULATION OF ALARM SYSTEMS

The Basic Curfew Ordinance The Non-Addition Rule The Additional Curfew Hour The Noisier Jet Phase Out

BILL NO. ORDINANCE NO.

Registration of Individual Solicitors

OUTDOOR LIGHTING REGULATIONS

ORDINANCE NO

CITY OF AURORA CITY COUNCIL ORDINANCE NUMBER DATE OF PASSAGE

ORDINANCE TO AMEND THE CODE, CHAPTER IV, GENERAL LICENSING, SECTION 4-2, ALARM SYSTEMS AND WARNING DEVICES AN [Full as of 12/11]

TABLE OF CONTENTS. Section 1.0 Statutory Authorization and Purpose Statutory Authorization Purpose... 3

ORDINANCE NO AMENDING THE SAN MATEO MUNICIPAL CODE TO ADD CHAPTER 7.46 REGARDING MEDICAL MARIJUANA COLLECTIVES REGULATIONS

KANABEC COUNTY ORDINANCE NO. 30

THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO SIGN BY-LAW

IRA TOWNSHIP ST. CLAIR COUNTY, MICHIGAN ORDINANCE NO ORV ORDINANCE

TOWER ORDINANCE TOWN OF OWLS HEAD

ORDINANCE NO

BEFORE THE BOARD OF COUNTY COMMISSIONERS PACIFIC COUNTY, WASHINGTON ORDINANCE NO. 159

VILLAGE OF NORTH BRANCH CABLE TELEVISION ORDINANCE ORDINANCE NUMBER 33 THE VILLAGE OF NORTH BRANCH ORDAINS: Section 1. That the Village hereby adopts

age of four months be spayed or neutered, except under specified circumstances. THE CITY COUNCIL OF THE CITY OF LAS VEGAS DOES HEREBY ORDAIN

PLAINFIELD CHARTER TOWNSHIP KENT COUNTY, MICHIGAN ORDINANCE NO. RESOLUTION NO.

BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FREDONIA, ARIZONA:

CITY OF NORTHFIELD, NJ ORDINANCE NO

Chapter 137 RECOVERY OF COSTS OF EMERGENCY RESPONSES *

2. Any applicable Department of Natural Resources Registration requirements under IC , et seq.;

ARTICLE 167 Shade Tree Commission, Shade Trees

Chapter 9.58 LOST, STOLEN, OR ABANDONED SHOPPING CARTS

Yes. There are two types of nuisances, a private nuisance and a public nuisance.

ORDINANCE NO. C-14-41

SECTION 5.12 OF THE MUNICIPAL CODE OF THE TOWN OF SHEBOYGAN SHEBOYGAN COUNTY, WISCONSIN SEXUAL OFFENDER RESIDENCY RESTRICTIONS

ORDINANCE NO. 48 AN ORDINANCE TO ADOPT REGULATIONS AND PROCEDURES FOR BASIC CABLE TV RATE REGULATION THE CHARTER TOWNSHIP OF CHOCOLAY ORDAINS:

4-1 Architectural Design Control 4-1 ARCHITECTURAL DESIGN CONTROL 1

AGENDA REPORT. Honorable Mayor and Members of City Council John Kuehl, Building Official. Ordinance for small rooftop solar systems

KALAMAZOO COUNTY, MICHIGAN

ORDINANCE NO

ORDINANCE NO. AN ORDINANCE requiring helmets be used by all people when operating or riding on

BEAR CREEK TOWNSHIP EMMET COUNTY, MICHIGAN SEXUALLY ORIENTED BUSINESS ORDINANCE ORDINANCE NO

O: Ordinance in its entirety and replacing it with the foregoing Ordinance outlined

Ordinance Number 564 Page 2

CITY COUNCIL AGENDA REPORT. DEPARTMENT: City Attorney MEETING DATE: December 15, 2015

CHAPTER 67.2 RESIDENTIAL BUILDING CODE

commercially available patio woodburning unit and chimenea device that can also be

ORDINANCE NO. 04- I O

TOWN OF WHITE LAKE Water Shortages and Conservation Ordinance. Effective: October 08, 2002

Kitsap Public Health Board Ordinance Food Service Regulations

CITY OF ST. HELENA PLANNING DEPARTMENT 1480 MAIN STREET- ST. HELENA, CA PLANNING COMMISSION SEPTEMBER 15, 2015

Interactive Brokers Hong Kong Agreement for Advisors Providing Services to Interactive Brokers Clients

WHEREAS, the City of Burlington contains several structures which are vacant in whole or large part; and;

LAFAYETTE TOWNSHIP SUSSEX COUNTY, NEW JERSEY ORDINANCE

TOWNSHIP OF ANYTOWN STATE OF NEW JERSEY ORDINANCE NO.

ARTICLE IV: SECURITY ALARM SYSTEMS

ORDINANCE NO An ordinance of the City of Los Angeles amending the Los Angeles Municipal Code to impose a Street Damage Restoration Fee.

BUCKS COUNTY DEPARTMENT OF HEALTH RULES AND REGULATIONS FOR CONDUCTING AND OPERATING FOOD FACILITIES

THE CALIFORNIA SOLAR RIGHTS ACT

ORDINANCE NO AN ORDINANCE AMENDING CITY CODE CHAPTER 3-1 REGARDING FALSE ALARMS.

MEDICAL MARIHUANA LICENSE APPLICATION for GROWING by PATIENTS

ORDINANCE NO. PAGE 1 TOWN OF FLOWER MOUND, TEXAS ORDINANCE NO.

NEW/RENEWAL APPLICATION FOR PAIN MANAGEMENT CLINIC REGISTRATION

CITY OF NORTH OAKS ORDINANCE 113 TO REGULATE THERAPEUTIC MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS

CITY OF FILLMORE CENTRAL PARK PLAZA 250 Central Avenue Fillmore, California (805) FAX (805)

COLLEGE TOWNSHIP CENTRE COUNTY, PENNSYLVANIA ORDINANCE O HERITAGE TREE ORDINANCE

TOWN OF WOODSIDE. The Town Council introduced the attached draft ordinance at its regular meeting on July 28, 2015.

STATE OF OKLAHOMA. 2nd Session of the 49th Legislature (2004) AS INTRODUCED

ORDINANCE NO. 447U. Commerce Clause powers gave Congress the authority to enact the Controlled Substances Act, commerce; and

INTRUSION ALARM SYSTEMS

Request for City Council Committee Action From the City Attorney s Office

HUBBARD COUNTY ORDINANCE NO. 29. An Ordinance regulating alarm monitoring control systems and alarm system permits.

James Duggan, Chairman, Planning & Zoning Commission. SUBJECT: Results of Planning & Zoning Commission Meeting of May 3, 2010

Town of Stratton Regulations of Private Fire Alarm And Security Gate Systems

ORDINANCE NO

ORDINANCE NO

Florida Senate SB 872

Title 13 PUBLIC SERVICES. Chapters: Water Service System Sewer Service System Water Emergencies Chapter WATER SERVICE SYSTEM

BILL NO. B ORDINANCE NO TOWNSHIP OF O HARA ALLEGHENY COUNTY, PENNSYLVANIA

ORDINANCE NO O-01

the County's ambulance regulation scheme is very is sufficient to protect the public health and

Transcription:

VILLAGE OF HONOR DARK SKY ORDINANCE The purpose of this Ordinance is to provide regulations for outdoor lighting that will permit the use of outdoor lighting that does not exceed the minimum levels specified in IES recommended practices for night-time safety, utility, security, productivity, enjoyment, and commerce. Minimize adverse offsite impacts of lighting such as light trespass, and obtrusive light. Curtail light pollution, reduce sky glow and improve the nighttime environment for astronomy. Help protect the natural environment from the adverse effects of night lighting from gas or electric sources. Conserve energy and resources to the greatest extent possible. This ordinance will establish enforcement procedures and penalties for violations of this ordinance. At a regular meeting of The Village of Honor February 11, 2015, Village Council passed Resolution #104-15, which approves Ordinance # 45. The Village of Honor, County of Benzie, State of Michigan ordains; Section 1: Name This Ordinance shall be cited as the Village of Honor Dark Sky Ordinance Section 2: Determination It is determined that with the number of citizen complaints receive over the past year about light trespass that it would benefit the citizens of Honor in that a light ordinance be put into law. Light trespass is detrimental to the general welfare of the public in that such practices cause or contribute to the deterioration of neighborhoods and promote neighborhood light trespass; that such practices result in the reduction of value, merchantability and maximum use and development of other properties in proximity thereto and are aesthetically offensive to the owners or occupants of other properties and to the Village at large; further, that the public good requires that such practices be prohibited. Section 3: Applicability. 3.0 Applicability. This ordinance applies to all outdoor lighting within the Village of Honor unless otherwise exempted in this Section. 3.1 This ordinance does not apply to emergency lighting. 3.2 This ordinance does not apply to temporary lighting. 3.2 This ordinance does not apply to vehicular lighting. 3.3 This ordinance does not apply to lighting on wheeled farm machines. Section 4: Severability. 4.0 Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. Section 5: Definitions. 5.0 Definitions. 5.1 Light fixture means any device intended to produce illumination. 5.2 "Dark Sky" fixture means any light fixture that emits its light below 90 degrees when measured from 0 to 180 degrees vertical. Dark Sky fixtures keep most of their light from reaching the night sky. 5.3 "Dark Sky Cutoff' fixture means any light fixture that emits its light below 45 degrees when measured from 0 to 180 degrees vertical. Dark Sky Cutoff fixtures

keep most of their light from reaching the night sky and also minimize ground reflection and reduce light scatter beyond the property line. 5.4 "Dark Sky Shade" means anything that is used to shade a light fixture so that it behaves as a Dark Sky fixture. These include but are not limited to, for example, fixtures outfitted with caps or housings or installed under canopies, building overhangs, roof eaves or shaded by other structures, objects or devices. 5.5 "Dark Sky Shield" means anything that is used to shield a light fixture so that it behaves as a Dark Sky Cutoff fixture. These include but are not limited to; for example, fixtures outfitted with caps or housings or installed under canopies, building overhangs, roof eaves or shielded by other structures, objects or devices. 5.6 "Motion sensor" means any device that turns a light fixture on when it detects motion and off when motion stops. 5.7 "Switch" means any device that can be manually controlled by a person to turn a light fixture on and off. For the purpose of this ordinance, switches include motion sensors but switches do not include light sensors or timers. 5.8 "Emergency" refers to lighting as required by civil officers, agents and officials to perform their duties to maintain the public health, safety and welfare. 5.9 "Temporary" refers to lighting as required by citizens to carry out legally approved activities for durations as specified in the permits for those activities. These include but are not limited to, for example, activities such as nighttime agricultural operations, construction work lighting, and seasonal decorations, but in no case for more than a period of 3 months without an Exemption granted by the Village of Honor. Section 6: General prohibition of Non-Dark Sky lights and fixtures. 6.0 General prohibition of Non-Dark Sky lights and fixtures. 6.1 Non-Dark Sky fixtures are prohibited in the Village of Honor unless the fixtures are permitted by this ordinance. Section 7: Light fixtures permitted by this ordinance. 7.0 Light fixtures permitted by this ordinance. 7.1 All light fixtures that are Dark Sky fixtures and Dark Sky Cutoff fixtures are approved and permitted by this ordinance. 7.2 All light fixtures that have a Dark Sky Shade or a Dark Sky Shield are approved and permitted by this ordinance. Section 8: Replacement of Non-Dark Sky fixtures. 8.0 Replacement of Non-Dark Sky fixtures. 8.1 When a Non-Dark Sky fixture is replaced, it shall be replaced with one of the following: 8.1.1 Dark Sky fixture, or 8.1.2 Dark Sky Cutoff fixture, or 8.1.3 Non-Dark Sky fixture that has a Dark Sky Shade or a Dark Sky Shield that causes it to operate as if it were a Dark Sky fixture or a Dark Sky Cutoff fixture. Section 9: Installation of new Dark Sky fixtures and Dark Sky Cutoff fixtures. 9.0 Installation of new Dark Sky fixtures and Dark Sky Cutoff fixtures. 9.1 When a new light fixture is installed, it shall be installed with a switch to allow it to be manually turned on and off or with a motion sensor to automatically turn it on when motion is detected and turn it off when motion ends.

Section 10: Light fixtures encouraged but not required under this ordinance. 10.0 Light fixtures encouraged but not required. 10.1 Light fixtures with motion sensors are encouraged to minimize the duration of nighttime lighting 10.2 Light fixtures with soft yellow or orange lights instead of harsh white lights are encouraged to protect the view of the night sky. 10.3 Dark Sky Shades and Dark Sky Shields are encouraged for old existing fixtures to protect the view of the night sky, minimize ground reflection and reduce light scatter beyond the property line. 10.4 Dark Sky Cutoff fixtures are encouraged where light fixtures are mounted on structures or poles higher than the first level above ground level to protect the view of the night sky, minimize ground reflection and reduce light scatter beyond the property line. Section 11: Exemptions. 11.0 Exemptions. 11.1 The Village of Honor Council may allow Exemptions from this ordinance as needed to relieve any unusual circumstances or difficulties or costs that would be encountered if an attempt were made to comply with this ordinance. 11.2 The Village of Honor Council may allow Exemptions from this ordinance to recognize that a good faith attempt has been made to comply with this ordinance but compliance is still not possible due to unusual circumstances or difficulties or costs encountered. 11.3 The Village of Honor Council may grant Variances from this ordinance for the historic restoration of Historic Properties, Historic Resources and Historic Structures as defined by the Village of Honor Council. Section 12: Liability. 12.0 Liability. A person utilizing or maintaining an outdoor light shall be responsible for all costs and any other liability resulting from failure to comply with this ordinance. 12.1 Responsibility for costs and liability begins from and after the day after passage and publication of this ordinance as required by law. Section 13: Enforcement and penalties. 13.0 Enforcement and penalties. 13.1. The Village of Honor Ordinance Officer and Village of Honor Council are authorized to enforce the provisions of this ordinance. 13.2 The penalty for violation of any portion of this ordinance shall be: 13.2.1 First violation: A notice to the property owner requesting compliance within 30 days. 13.2.2. Second violation: If after 30 days no Exemption from this ordinance has been granted and there is continued non-compliance, a fine of $100 plus the cost of prosecution. Penalties are doubled for third and subsequent offenses. Section 14: Disclaimer. 14.0 The Village of Honor does not, by approving or disapproving a lighting fixture, warranty or make assurance of any kind whatsoever, specifically as to whether the subject of the approval or disapproval is safe, suitable for its intended purpose, merchantable, or in compliance with any applicable codes or regulations. Section 15: Effective Date. This Ordinance shall take effect February 18, 2015 (10 days) after publication as required by law.

CERTIFICATION I, Laura Ward, as Clerk of the Village of Honor, do hereby certify that the foregoing VILLAGE OF HONOR DARK SKY ORDINANACE was duly adopted by motion and roll call vote, by the Village of Honor Council at a regular meeting of said Council at which a quorum was present. Motion by Richard Fast, seconded by Joe Schettek I move to adopt Ordinance #46 as presented to Council on February 11, 2015 Roll Call Vote: Richard Fast Yes Kathy McManus Yes Joe Schettek Yes William Ward Jr. Yes Dennis Rodzik ABS 4 Motion Carried 0 Motion Denied Date February 11, 2015 Attest: Laura Ward, Clerk Village of Honor