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ORD 2002-15 OUTDOOR LIGHTING ORDINANCE NO. 2002- AN ORDINANCE of the City of Bainbridge Island, · Washington, relating to outdoor lighting on public and private property; adding a new Chapter 15.34 to the ]3ainbridge Island Municipal Code; amending Section 1.26.01D; and repealing Section 16.08.080 of the Bainbridge Island Mu nicipal Code. WHEREAS, the City has determined that the provisions contained in this Ordinance will protect the historical legacy of the night sky, and provide enjoyment of the night sky in the City for future generations; and WHEREAS, the City has determined that the provisions contained in this Ordinance are intended to encourage through the regulation of the types, kinds, construction, installation, and uses of oUtdoor electrically powered illuminating device, s, lighting practices, and lighting systems that reduce costs and conserve energy and reso~Jrces,~ and help protect natural 'resources; and WHEREAS, the City wishes to maintain safety, h~alth, security, and productivity, while 'enhancing nighttime enjoyment of property within its j ,~xisdiction; and WHEREAS, the City has determined that the provis[.,ons contained _in t~s Ord. inanc, e will encourage awareness by improving access to the Cites lighting codes, throu~ cocte coordination and comolidation into one Ordinance; now therefore, THE CITY COUNCIL OF THE CITY ()F BAINB~GE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 15.34 is added to the Bainl>ridge Island Municipal Code as follows' Ch~ter 15.34 OUTDOOR LIGItTING ON PUBLIC AND PRIVATE PROPERTY 15.34.010 Purpose 15.34.020 Definitions 15.34.030 Applicability 15.34.040 Exemptions- Decision Criteria 15.34.050 General Standards 15.34.060 Further Restrictions 15.34.070 Submittals 15.34.080 Penalties for Violations 15.34.090 Severability 15.34.100 Figures 15.34.010 Purpose. The purpose of this Chapter,s to provide regulations that preserve and enhance the view of the dark sky; promote health, safety, .security, and productivity; and help protect natural resources. The p~ovisions of this Chapter are H: \ City Exclmlge\Ordimnce~~ Ordimmesk2{X)2-15 _Lighting. doc 08/1S/02 1 intended to control glare and light trespass. It is the intentl of this Chapter t6 provide standards for appropriate lighting practices and systems that will enable people to see essential detail in order that they may undmake their agtivities at night, facil_ita..te. safety and security of .persons and property, and curtgil the degradation of the nighttime visual environment, i 15.34.020 Definitions. The following terms have t .e following definitions for purposes of this Chapter: A. "Accent lighting" means any luminaire that emph~tsizes a particular object or draws attention to a particular area for aesthetic proposes. B. "Cut-off angle" (of a luminaire) means the angle, measured from the lowest point between a vertical line from the center of the lamp extended to the ground and the first line of sight at which the bare ;ource is not visible. C. "Director" means the Director of the Department ,f Planning and Community Development. D. "Fixture" (also called a "Lurninaire") means a corn )lete lighting unit including the lamps, together with the parts required to dis1 :ibute the light, to position and protect the lamps, and to connect the lamps to he power supply. E. "Foot-candle" means a measure of illuminance o~ a measure of how bright a light appears to the eye. One .foot-candle is eqm[1 to one Lumen/ft2. As an example, a typical 60-watt incandescent lamp '840 lumens) produces an i}luminance of 0.} foot-candles at a distance of about 25 feet. F. Fossil fuel light means any outdoor lighting fix _~re producing light directly b,y the ,combustion of natural gas or other fossil fuel. G. 'Lamp means the light-producing source install~.d in the socket portion of a luminairc. , H. "Light pollution" means general sky glow caused by the scattering of artificial light in the atmosphere and resulting in decreased ability to see the natural night sky. ,, " an tdoor lummmre that shines I. Light trespass means any light emitted by o~. ' ' ' directly beyond the property on which the lumin~ire is installed, or indirectly shines beyond the property on which the luminai[e is installed at a brightness (illuminance) that exceeds 0.1 foot-candles at the property line. J. "Luminaire - see definition for l,'mmre. t! · tt ' ' ' ° ' K. Outdoor lighting fixture means a lum,nmre our,de.of a.n enc.!ose..d, bu,.ld~.ng or structure or any luminaire directed such that ~t primarily ~llurmnates outdoor arcas. L. "Shielding'' means that no light rays are emi~ed by a fixture above the horizontal plane running through the lowest pointI of the fixture. _ ..._ M. "Spotlight" means any lamp that incorporates _~ reflector_ or .a re.fi'actor' to concentrate thc light output into a directed beam ig a particular dir¢cUon. 15.34.030 Applicability.. A. All outdoor lighting fixtures installed on privale and public property shall comply with this Chapter. This Chapter does not apply :o interior lighting; provided, that if it is determined by the Director that any interior ighting emitting light outside of the building or structure in which it is located create~ a light trespass, the interior. lighting shall be subject to the requirements of this Chapl:er. Types of outdoor lighting to which this chaPter applies include, but are not limited to lighting for: 1. Building and structures including, but not limited to, overhangs and canopies. H:\City Exchange\Ordinances\2002 Ordinances\2002-15_Lighting.doc 081.15/02 2 2. Recreational areas. 3. Parking lot lighting. 4. Landscape lighting. ! · ~. Lighting on docks and piers, unless otherwise r!gulated by BIMC 16'. 12 6. Street lighting. , B. The City's Department of Planning and Comn~i~ Development shall administer and enforce this Chapter. . C. In the event of a conflict between the requirements of this Chapter and any other requirement of the Bainbridge Island Municipal Code the more restrictive requirement shall apply. 15.34.040 Exemptions. t~ A. The following are exempt from the provisions of s Chapter: 1. Traffic control signals and devices. , 2. Street lights installed prior to the effective date oflhis Chapter, provided that when a street light fixture becomes inoperable, agy replacement street light fixture shall be subject to the provisions of this Chapter. . 3. Temporary emergency lighting (i.e. fire, police, r?air workers) or warning lights. 4. Moving vehicle lights. 5. Navigation lights (i.e. radio/television towers, do~ks, piers, buoys) or any other lights where state or federal statute or other ~ovision of the Bainbridge Island Municipal Code requires lighting that canno~ comply with this Chapter. In such situations, lighting shall be shielded to the Imaximum extent possible, and lumens shall be minimized to the maximum ~xtent possible, while still complying with state or federal statute. 6. Seasonal decorations do not have to be shielded, IProvided that they do not have a brightness of more than 0.1 foot-candles at ~he property line on which they are installed. , 7. Outdoor lighting approved by the Director for temporary or periodic events (e.g. fairs, nighttime construction). 8. Internally and externally illuminated signs regulate~ by BIMC 1 5.08. 9. Fossil fuel lights. 10. Existing lights in use before 9:00 p.m., provided ~hat no more than foot- candle of direct light shines off the subject property, as measured at the property line. 15.34.050 Genera! Stand,ds. The following gcne~l standards shall apply to all non-exempt outdoor lighting fmtures and accent lighting: -.' A. All light trespass is prohibited. B. Outdoor lighting fixtures and accent lighting most be shielded and aimed downward. Examples of acceptable and unacceptable lightlPollution control shielding are shown in Figures 1 through 4 in BIMC 15.34.100. :The shield must mask the direct horizontal surface of the light source. The light must be aimed to insure that the illumination is only pointing downward onto the ground surface, with nO escaping direct light permitted to contribute to light pollution by shir~ing upward into the sky. C. All outdoor lighting fixtures and accent lighting ~all be designed, installed, located and maintained such that there is no light trespass (Sec Figure 3 in BIMC 15.34.100). H:\City Exchange\Ordimncesk2002 Ordimm:esk?dl)2-15_Lighting.doc 08/1:5/02 3 D. Outdoor lighting fixtures and accent lighting shall not directly illuminate public waterways such as Puget Sound, even if the tidelands are privately owned, unless it is a navigational light Subject to state or federal re! ulations. . E. Accent lighting shall be directed downward onto th: illuminated object Or area and not toward the sky or onto adjacent properties (See Fi8 :ute 4 in BIMC 15.34.100). Direct light emissions of such accent lighting shall not be v isible above the roof line or beyond the building, structure, or object edge. F. Spotlighting on landscaping and foliage shall be limited to 150 'watts incandescent (2220 lumens output). 15.34.60 Prohibited / A. The following fixtures (lummaircs) are prohibited:I 1. Searchlights for any other purpose other than tempprary emergency lighting. 2. Laser lights or any similar high-intensity l!ght for outdoor use °~~ entertainment, when project~xl above the horizonta~ plane. 3. Quartz lamps - 4. Mercury vapor lamps I. B. The City reserves the right to further restrict out~loor lighting including, but not limited to, pole height, and level of illumination' whgn it is deemed to be in the best public inter~st consistent with the purpose of this Chapter. / 15.34.070 Submittals. All building permit a~plications including the installation of outdoor lighting fixtures shall provide evidence of compliance with the requirements of this Chapter on a form provided by the Department of Planning and Community Development. --' 15.34.080 Pen~.lties for violation. Any violatio~ of the provisions of this Chapter shall constitute a civil infraction, enforceable pursuant to BIMC 1.26, Code Enforcement. 15.34.090 Sever~bility. If any clause, sentence, paragraph, section or part of this Chapter or the application thereof to any person or circumstances shall be adjudged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it .was rendered and shall not affect or invalidate the remainder of any part there6f to any other person or circumstances. Section 15.34.100 Figures of acceptable shielding and &rection of outdoo light fl_xmres. The following four figures illustrate acceptable and unacceptable outdoor lighting fixtures in the City. Figure 1' Wall mounted lights. Figure 2: Free standing outdoor lighting fix~es. Figure 3: Outdoor lighting fixtures 'Street and lot light cut-off at property line. Figure 4: Accent lighting. H:\City Exchange\Ordim~k2002 Ordinances\2002-15_Lighting.doc 08/ 4 H: \City Exchange\Ordimnc~sk2O{Y20rdi~~- 1 $_Lighting.doc 08/1 $102 ,, Figure 2. Free standing outdoor lighting fixtures. UNACCEPTABLE A CE'PTABLE ~1 I IItltlll ~#1~m H:\City Exchan~e\Ordinanc~k2002 Ordinam~\2002-1S_Lighting.doc 08/15/02 6 Figure 3. Outdoor lighting fixtures - Street and lot light cut-off at property line. UblACCEPTABLiI ' ~.CC lgPTABI~ ~.- L1GH T It 14~ 3.1~.1~? I.g -----Your l'rol;,r~Y ".--~reighbor's P~pe~ty H:\City Exchange\Ordinances\2002 Ordinances\2002-15_Lighting.doc 08/15/02 7 .. Figure 4. Accent lighting. , . UNACC~P?A'~BLg A PTA 'B~LDING FOLI~C[ H:\City Exchan~e\Ordimeces~002 Ordinances\2(X)2-15_Lighting.doc 08/15/02 8 Section 2. BIMC 16.08.080 is repealed. S~ction 3. Section 1.26.010 of the Bainbridge ISl4d MuniCipal; Code is amended 1 to read as follows' . 1.26.0!0 _ _A~9~ieabili~. of chl_nter. The provisiol~S of this chapter shall apply to. enforcement of Title 18 and Chapters 16.20, 16.22, 15 34 and 15.04 of this code, with' the exception of Sections 15.04.090 and 15.04.110 and the Uniform Fire Code adopted by reference in Section 15.04.020. For purposes ot' this chapter, such titles and chapters shall be referred to as "the applicable chapters and titles of this code." Section 4. This ordinance shall be effective on January 1, 2003. PASSED by the City Council this 14th day of August, ,002. 1 APPROVED by the Mayor this 15th day of August, 2'002. ]3~lene K ~rdono~ayor ' ~__~ ATTT_T/AUTHENTICATE: Sasan P. Ka~p~ city Cle~ APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK. PASSED BY THE CITY COUNCIL. August 14, 2002 PUBLISHED · August 2 l, 2002 EFFECTIVE DATE- January 1, 2003 ORDINANCE NO. 2002-15 I)OCS~94700\ 10Y~236047.01 08/15/02