(A) Purpose: The purpose of this section is to provide lighting standards and practices which will minimize light pollution and will conserve energy and resources while maintaining nighttime health, safety, utility and security. It is also intended for this section to provide regulations which will protect the health and welfare of the general public and protect the ecological and natural resources of the village, while preserving the ability to view the celestial features of the night sky for present and future generations.
Village authorities recognize:
1. The need to safeguard the rural character, aesthetic value and the unique quality of life that village residents enjoy by preserving and enhancing the ability to view the night sky.
2. The night sky as a natural resource.
3. The need to define limits and protect residents from the trespass of excessive and misdirected light from adjacent properties.
4. That proper direction and use of light minimizes the use of energy.
5. That excessive illumination may have a detrimental effect on wildlife that depends on the natural cycle of the day and night for survival.
6. The importance to all of astronomical observations and the enjoyment of the night sky.
(B) Definitions: Terms used in this section shall be defined as follows:
BACK SIDE SHIELD: A device which is added or attached to a light fixture made from an opaque material which prevents light from being emitted in certain directions. Commonly applied to prevent light from entering an adjacent property.
DOORWAY: Any means of ingress or egress to any structure, limited to doors and garage doors.
DOORWAY LIGHTING: Light fixtures located within ten feet (10') of a doorway.
ESSENTIAL LIGHTING: Light that is used for a specified period of time which is necessary for a specific task or purpose while said task or purpose is actively being performed.
EXCESSIVE LIGHTING: Illuminance which exceeds the amount of light which is needed to perform a visual task or purpose at night.
EXTERIOR LIGHTING: Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Fixtures which are located indoors, but which are intended to illuminate something outside are considered exterior lighting for the purposes of this section.
FIXTURE, LIGHT FIXTURE (Also Called LUMINAIRE): The complete lighting assembly (including the lamp(s), housing, ballasts, photocells, reflectors or refractors, lenses, sensors and shields) less the support assembly or pole, mounting bracket and base, consisting of one or more lamps together with the parts designed to distribute light, position and protect the lamp, and connect the lamp to a source of power. Light fixtures are evaluated for safety by Underwriters Laboratories and are "rated" to certain wattage limits, as affixed by a UL issued label.
FOOT-CANDLE: A unit of measurement used to determine the amount of light incident on a surface, also known as "illuminance". One foot-candle (1 fc) is equivalent to one lumen evenly distributed over one square foot of surface area at a distance of one foot (1'). Foot-candle measurements can be taken with a handheld light meter.
FULLY SHIELDED: A light fixture or luminaire designed, constructed and installed in such a manner that all light emitted from the fixture, either directly from the lamp(s) or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane through the fixture's lowest light emitting part.
GLARE: A visual disturbance produced by a distinct light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted.
HOLIDAY LIGHTING: Temporary lighting installed in connection with a holiday or religious observance and removed thereafter.
ILLUMINANCE: The amount of luminous flux falling onto a unit of surface area, correlating to the perception of brightness by the human eye. Illuminance is typically measured in lumens per square foot (foot-candles) or lumens per square meter (flux).
LAMP: The source of light being emitted from a luminaire, such as a bulb.
LANDSCAPE LIGHTING: Exterior lighting for the purpose of illuminating trees, shrubbery, plants, flowerbeds, waterways, gardens and nonstructural, manmade features, including, but not limited to, sculptures, fountains, trellises, statuaries, tree houses and other features.
LIGHT LEVEL: The illuminance as measured by a light meter as reported in photometry.
LIGHT OUTPUT: The amount of light which is emitted by a lamp or fixture.
LIGHT POLLUTION: Any unnecessary or adverse effect of artificial light including, but not limited to, glare, light trespass, excessive lighting, uplighting and skyglow, and any artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to the natural environment.
LIGHT SOURCE OR SOURCE: The light emitting part or parts of a light fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light.
LIGHT TRESPASS: Light that falls on neighboring properties or produces glare or distraction for observers away from the area for which the light is intended.
LIGHTING: Any or all parts of a luminaire that function to produce light or light produced by a manmade source, including, but not limited to, electric lamps, gas lamps and solar lamps.
LUMEN: The unit of measurement used to quantify the amount of light produced by a lamp or emitted from a fixture (as distinct from "watt" which is a measurement of the electrical power).
LUMINAIRE: See definition of Fixture, Light Fixture (Also Called Luminaire).
LUMINOUS FLUX: The power emitted from a source of electromagnetic radiation, such as a light bulb or light transmitting elements, in the form of visible light. Luminous flux is measured in lumens (flux) and is typically specified by the manufacturer for a given lamp or fixture. Typical luminous flux values for incandescent bulbs are one hundred (100) watts: one thousand five hundred fifty (1,550) lumens; seventy five (75) watts: one thousand eighty (1,080) lumens; sixty (60) watts: seven hundred eighty (780) lumens; and forty (40) watts: four hundred fifty (450) lumens.
MOTION SENSOR: A sensor which causes a luminaire to become illuminated automatically upon the presence of motion or infrared radiation or a combination thereof within its field of view.
MOUNTING HEIGHT: The height above normal grade to the lowest light emitting part of an installed fixture.
NEW CONSTRUCTION: The construction of a new principal building on a "lot" (as such terms are defined in section 5-2-1 of this title) or the expansion of an existing principal building on a lot such that the resulting "floor area" (as defined in section 5-2-1 of this title) of such principal building is increased by more than fifty percent (50%).
NONCONFORMING: Lighting which does not meet the requirements and specifications contained herein.
NONESSENTIAL LIGHTING: Lighting which is unnecessary for pedestrian passage and not generally useful. This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall mounted perimeter lights after business hours).
PHOTOMETRY: A technical test report that indicates light distribution and performance of a fixture. A photometric plan may include candlepower distribution data, cutoff classification, foot-candle chart, etc., some of which are generally available directly from the manufacturer, and which may have been produced by an independent laboratory.
SEARCHLIGHT: Lighting installation, either ground or vehicle mounted, designed to project a high intensity beam of light that is typically used to sweep the sky for promotional purposes.
SECURITY LIGHTING: Exterior lighting installed primarily for personal safety or emergency purposes that is attached to a structure or used to illuminate a walk or driveway and is fully shielded. Any lighting identified by the Barrington Hills police department as serving a security function will also be classified as security lighting.
SHIELD OR SHIELDED: When applied to lighting, an opaque barrier which does not allow light to be transmitted in certain directions.
SKYGLOW: The brightening of the night sky or the overhead glow from artificial light that is directed upward or reflected off moisture and dust particles in the atmosphere, reducing the ability to view the natural night sky.
SPECIAL EVENT LIGHTING: Lighting approved by the village for use at a temporary special event.
SPORTS LIGHTING: Light fixtures used to illuminate courts, arenas, riding arenas, fields, tracks and other recreational areas generally utilizing high light output fixtures, higher light levels and are mounted on higher than average freestanding poles.
UL RATING: A reference to "Underwriters Laboratories" (or other recognized testing laboratory), a commercial agency that certifies the maximum safe wattage for fixtures and other electrical devices. A UL label indicating the maximum safe wattage is affixed or imprinted on all light fixtures which are offered for sale.
UNIFORMITY RATIO: A ratio that describes uniformity of illuminance across an area.
UNSHIELDED: The luminaire only incorporates clear glass, which permits all light to escape.
VILLAGE: The village of Barrington Hills.
(C) Applicability:
1. Applicability To Zoning Districts:
a. In all residential zoning districts R1 to R4, inclusive, exterior lighting installed or relocated with regard to any new construction commenced after the effective date of this section shall conform to the provisions established by this section, unless otherwise exempted herein.
b. In all other zoning districts, exterior lighting installed or relocated after the effective date of this section shall conform to the provisions established by this section, unless otherwise exempted herein.
2. Conflict With Other Laws: Nothing in this section is intended to affect the continued applicability of the provisions of section 5-2-1 of this title (definition of "polo field"); section 5-3-12 of this chapter; subsections 5-5-12(G)4 and 5-6-10(E)4 of this title; sections 5-6-12 and 5-7-18 of this title; and subsection 6-4-3(G) and section 7-1- 5 of this code. Such sections and subsections of this code shall continue to apply in those instances that this section does not apply. In the event of any conflict between this section and any other provision of this code, to the extent this section applies, it shall control.
3. Exempt Lighting: The following are exempt from the provisions of this section:
a. Security lighting.
b. Doorway lighting within residential zoning districts R1 through R4.
c. All temporary emergency lighting necessary to ensure public safety as specified by the chief of police, chief fire marshal or other firefighting or emergency service providers.
d. Lighting used in the undertaking of municipal road construction, emergency repair or maintenance of utility lines, sewer, water mains or similar public infrastructure.
e. Holiday lighting between October 20 and January 31 of the following year.
f. Upward lighting of flags in the form of a single ground mounted, narrow cone spotlight located at the base of the flagpole which confines the illumination to the flag itself.
g. Underwater lighting used for swimming pools, provided such lighting meets all relevant electrical codes.
h. Temporary lighting used in conjunction with occasional special events.
i. Lighting for radio, communication and navigation towers, provided that the owner or occupant demonstrates to the satisfaction of the village that the federal aviation administration (FAA) regulations can only be met through the use of lighting that does not comply with this section, and that the provisions of this section are otherwise met to the fullest extent possible. Lighting for any wireless communications facility shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity, unless specifically forbidden by the FAA.
j. Temporary exterior lighting reviewed and approved in connection with a permit issued by the village provided that the lighting is extinguished and removed according to the permit.
k. Lighting for outdoor activities, including: pool areas, tennis courts, paddle courts, hockey and/or skating rinks, horse arenas; provided such lighting shall be extinguished by eleven o'clock (11:00) P.M.
l. All essential lighting.
4. Prohibited Lighting: The following lighting shall not be permitted within the village, except if exempt under subsection (C)3 of this section:
a. Mobile or ground mounted searchlights, except those used for governmental or emergency purposes.
b. Strobe lights and laser lights, including laser light shows and aerial laser lights.
c. Neon lights, except as legally permitted.
d. Blinking, flickering, scrolling, rotating, pulsating, tracing lights or revolving lighting, including on signs.
e. Flashing lights unless temporarily triggered by a security system and extinguished within thirty (30) minutes after the time of security response.
f. Lighting which is used to outline a building, structure, or window, including neon, fiber optic, light emitting diode (LED), or fluorescent tube lighting which is used for this purpose.
g. Any light fixture that may be construed as or confused with a traffic signal, traffic control device or maritime navigational markers.
h. Lighting that is determined by the village police department to contribute to a condition of disabling or distracting glare into a public roadway.
i. Illuminated indoor signs visible from outdoors.
j. Lighting used to illuminate property other than that on which the fixture is located and which constitutes light trespass.
(D) Residential Lighting Standards: The following residential lighting standards are established for residential zoning districts R1 through R4, pursuant to this code, provided, however, that such zoning districts for which a special use has been issued or is required shall be regulated pursuant to subsection (E) of this section:
1. Protection From Light Trespass And Excessive Lighting: All exterior lighting shall not cause glare and shall protect adjacent properties, roadways and waterways from light trespass and excessive lighting.
2. Maximum Light Output: For all nonexempt exterior lighting, the maximum light output shall not exceed a total on any given property under single ownership and control equal to ten thousand (10,000) lumens multiplied by the total number of acres of such property.
3. Installation Restrictions:
a. Fully Shielded; Exceptions: All exterior lighting fixtures shall be fully shielded or aimed at such an angle so as to eliminate glare from such lighting fixture, except as follows:
(1) Landscape Lighting: Unshielded landscape lighting is permitted and is not required to be angled downward provided that the light source is not visible from adjoining properties (defined as seeing the heated element across property lines) and that each UL rated fixture has a light output not in excess of one thousand six hundred (1,600) lumens.
(2) Driveway/Walkway/Identity Sign/Decorative Lighting: Unshielded lighting at entryways, including driveways and walkways and lighting for property identity signs, gates, fences, and post top entrances is permitted and the fixture is not required to be angled downward provided that each UL rated fixture has a light output not in excess of one thousand six hundred (1,600) lumens.
(3) House Wash Lighting: Unshielded house wash lighting shall be permitted in an upward angle so that each UL fixture has a light output not to exceed one thousand six hundred (1,600) lumens. House wash lighting shall be extinguished by eleven o'clock (11:00) P.M.
b. Height:
(1) The maximum mounting height of a fixture on a structure shall not exceed the height of the eave of such structure.
(2) Except for sports lighting permitted under subsection (D)6 of this section, all freestanding lighting, including, but not limited to, landscape lighting affixed, attached, installed, mounted or placed on exterior vegetation such as trees, shrubs and other flora, shall be angled downward so as to eliminate glare and shall not exceed a mounting height of eighteen feet (18'). The setback for freestanding light fixtures from the property line shall be at least three (3) times the mounting height, except there shall be no setback requirements for lighting mounted on gates and fences, provided such lighting does not exceed 0.1 foot-candle of illuminance.
4. Hours Of Operation: Landscape lighting shall not be operated between the hours of eleven o'clock (11:00) P.M. to dawn, provided, however, solar powered landscape lighting that lacks an on/off switch may be operated between the hours of eleven o'clock (11:00) P.M. to dawn, further provided that such solar powered landscape lighting does not exceed 0.1 foot-candle of illuminance, subject to subsections (D)2 and (D)3 of this section.
5. Prohibited Light Fixtures: Mercury vapor light fixtures which are not fully shielded are not permitted.
6. Sports Lighting: For sports lighting the following shall apply:
a. Light fixtures shall be shielded as designed and installed.
b. Light levels shall not exceed the appropriate Illuminating Engineering Society Of North America (IESNA) recommended level of spectator/play for the activity.
c. Sports lighting shall be set to automatically shut off when there is no scheduled play and shall be extinguished no later than eleven o'clock (11:00) P.M. Lower light levels for off the field lighting may be provided for an additional thirty (30) minutes for safe egress.
d. The mounting height for sports lighting shall be no greater than one-fourth (1/4) the distance to the property line from where the sports lighting is located and shall not exceed eighteen feet (18').
e. Sports lighting trespass shall not exceed at any point on the property line: 0.1 foot-candle of illuminance.
f. Designs for all sports lighting shall be submitted to the village prior to installation to assure that the requirements of this subsection (D)6 are satisfied.
(E) Nonresidential Lighting Standards: The following nonresidential lighting standards are restricted to business zoning districts B1 through B4, BP and LID, pursuant to this code and for any properties within residential zoning districts R1 through R4 for which a special use permit has been issued or is required:
1. Protection From Light Trespass And Excessive Lighting: All nonresidential exterior lighting shall not cause glare and shall protect adjacent properties, roadways and waterways from light trespass and excessive lighting.
2. Maximum Lumen Output: As determined by photometric plans or as certified by the manufacturer, the maximum lumen output shall not exceed fifty thousand (50,000) lumens per acre, with no more than five thousand (5,000) of those lumens being unshielded.
3. Installation Restrictions:
a. Fully Shielded; Exceptions: All exterior lighting fixtures shall be fully shielded and aimed straight downward with the following exceptions:
(1) Doorways: Unshielded nonresidential light fixtures located within ten feet (10') of a doorway are permitted on the primary structure provided that the fixture(s) is UL listed and lamped at no greater than one thousand eight hundred (1,800) lumens per doorway, regardless of the number of lamps.
(2) Landscape Lighting: Unshielded landscape lighting is permitted provided that the light source is not visible (defined as seeing the heated element across property lines) and that the UL rated fixture has a light output not in excess of one thousand six hundred (1,600) lumens.
b. Signs: Lamps used for illumination of such signs shall be included in the total lumens per acre and shall be turned off at eleven o'clock (11:00) P.M. or when the business closes, whichever is earlier.
c. Height: The maximum mounting height of a fixture, except for fixtures in subsection (E)9 of this section, shall not exceed eighteen feet (18').
4. Fixture Setback: The setback distance for freestanding light fixtures to the property line shall be no less than three (3) times the mounting height unless it can be demonstrated on a lighting plan that with the use of a back side shield, all light trespass limits are met, provided, however, there shall be no setback requirements for lighting mounted on gates and fences, provided such lighting does not exceed 0.1 foot-candle of illuminance.
5. Hours Of Operation: All conforming and nonconforming exterior lighting shall be turned off within one-half (1/2) hour after the close of business and no later than eleven o'clock (11:00) P.M. Lights needed for safety or emergency purposes shall be controlled by timers or motion sensors.
6. Lamp Types: In an effort to foster sustainability, the village encourages energy efficient light sources. High pressure sodium, fluorescent, low pressure sodium lamps or metal halide shall be used for all light fixtures UL rated to be lamped greater than one thousand eight hundred (1,800) lumens. Mercury vapor shall not be permitted.
7. Light Trespass Limits: Lighting plans submitted for approval shall comply with the following:
a. The maximum illuminance at or beyond the property line that adjoins a residential parcel, nature preserve or waterway may not exceed 0.1 foot-candle of illuminance horizontal on the ground or 0.1 foot-candle of illuminance vertical measured at a five foot (5') height above the ground, unless otherwise permitted by applicable law.
b. Maximum horizontal or vertical illuminance allowed between adjacent commercial properties or public right of way shall be 0.1 foot-candle.
8. Parking Lot Illumination: All parking lot fixtures shall be fully shielded and aimed straight downward.
9. Sports Lighting: For sports lighting where the nighttime activity is authorized by a permit, the following shall apply:
a. Light fixtures shall be shielded as designed and installed.
b. Light levels shall not exceed the appropriate Illuminating Engineering Society Of North America (IESNA) recommended level of spectator/play for the activity.
c. Sports lighting shall be set to automatically shut off when there is no scheduled play and shall be extinguished no later than eleven o'clock (11:00) P.M. Lower light levels for off the field lighting may be provided for an additional thirty (30) minutes for safe egress.
d. The mounting height for sports lighting shall be no greater than one-fourth (1/4) the distance to the property line from where the sports lighting is located and shall not exceed eighteen feet (18').
e. Sports lighting trespass shall not exceed at any point on the property line: 0.1 foot-candle of illuminance.
f. Sports lighting shall not be installed on properties which are less than five (5) acres.
g. Designs for all sports lighting shall be submitted to the village prior to installation to assure that the requirements of this subsection (E)9 are satisfied.
10. Special Use: The village in granting a special use permit may establish additional regulations or waive the regulations set forth herein.
11. Approval: All nonresidential lighting shall be reviewed by the plan commission in accordance with subsection (G) of this section and approved by the village board.
(F) Amortization: In order to provide consistency throughout the village and carry out the requirements of this section, the following sunset provisions shall be implemented with respect to phasing out preexisting, nonconforming lighting within business zoning districts B1 through B4, BP and LID.
1. All lighting plans approved prior to the effective date of this section and installed in connection with a site plan, but not in compliance with this section, shall be brought into compliance within ten (10) years from the date of the lighting plan approval, or in connection with a new development proposal, whichever comes first.
2. On or before January 1, 2012, all preexisting exterior lighting, exclusive of permitted sign lighting, shall be extinguished one-half (1/2) hour after close of business exclusive of operational motion sensor activated light fixtures, provided such lighting is not activated by activity off the property.
3. Mercury vapor light fixtures shall be removed on or before January 1, 2012.
4. All other preexisting, nonresidential lighting shall conform to the provisions of this section by January 1, 2017.
(G) Procedures:
1. Any applications for proposed or required nonresidential lighting plans submitted to the plan commission shall include exterior lighting plans, fixture and lighting control specifications, along with any additional documentation required by the plan commission in order to verify that the proposed exterior lighting conforms to the provisions of this section.
2. The following items shall accompany a lighting plan submission for review and approval by the plan commission:
a. A site plan complete with all existing and proposed structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, indicating with shading or highlighting, all areas where pedestrians shall be walking or where pedestrians may come in conflict with vehicles. The site plan shall show, by location, and identify each existing and proposed fixture and shall specify its installed height, pole foundation details and mounting methods.
b. A detailed lighting plan when the total number for all exterior light fixtures on the property, exclusive of sign lighting, exceeds five thousand (5,000) lumens, indicating initial illuminance levels as expressed in foot-candle measurements on a grid of the site showing foot-candle readings in every five foot (5') square. The grid shall include the location and installed height of each existing and proposed fixture (i.e., pole mounted lights, wall mounted lights and lighting, including streetlights), and the overall light levels in foot-candles on the entire site. The grid shall extend at least twenty feet (20') beyond the site property lines, indicating the zoning of all adjacent properties to assure compliance with light trespass requirements. Photometric plans shall be prepared by the fixture manufacturer or a licensed professional, architect or engineer and shall provide calculation of average maintained foot-candles, maximum and minimum foot-candle readings, and the average to minimum and the maximum to minimum uniformity ratios.
c. A description of each light fixture as depicted and identified on the site plan including the manufacturer, model number, a photograph of the fixture and a manufacturer's catalog cut sheet, detailed IES formatted photometric data, a description of the cutoff characteristics of each fixture, light output in initial lumens and lamp type, verifying any compliance requirements specified within this section.
d. Mounting height indicated with distance to nearest property line for each proposed and existing fixture, including pole foundation description.
e. Shielding or glare reduction devices and all mounting details.
f. Types of timing devices or motion sensor devices used to control the fixtures and a schedule of the proposed hours when each fixture will be operated.
g. Total exterior lamp lumens for all fixtures on the property, calculated at initial lumen output.
h. A summary key table identifying the maximum, minimum and average light levels in foot-candles as well as uniformity ratios for all parking areas and walkways.
3. When considering a site plan application, the plan commission may require the use of motion sensor devices to control lighting for illumination of a building entrance, recreation area, parking area, accessways or other such areas.
4. In nonresidential zoning districts, when a site plan includes additions to or modifications of an existing lighting system where the proposed changes will increase the lighting on the site by more than twenty five percent (25%) of the preexisting light output, the plan commission may require that all or part of the preexisting lighting be changed to conform with the provisions of this section.
5. Appropriate exterior lighting levels may be influenced by the general nature of the surrounding environment, subject to village approval.
6. No exterior lighting shall be installed, replaced, substituted, altered, changed, repaired, relocated, enlarged, moved, improved or converted unless it conforms to a lighting plan approved by the plan commission. At its discretion, the village may not require foot-candle renderings when the exterior lighting for the entire site does not exceed five thousand (5,000) lumens.
7. Where new installations have been designed by a licensed architect or lighting engineer, he or she shall conduct a postinstallation inspection to verify compliance with the approved plan. Such architect or engineer shall submit a certification to the village, verifying that such inspection was performed and that the installed system operates and is in conformance with the approved plan prior to the issuance of a certificate of occupancy or other village approval.
8. The village shall have the right to conduct a postinstallation inspection to verify compliance with the requirements of this section and, if appropriate, to require remedial action at the expense of the applicant.
9. Guidelines will be made available to applicants to facilitate compliance.
(H) Penalties:
1. Nonessential lighting or prohibited lighting can be ordered by the village police department or the enforcing officer to be extinguished, including mobile or ground mounted searchlights, laser light shows, decorative flashing, blinking or tracing lights, exclusive of exempt lighting, at any time.
2. It shall be unlawful for any person, firm, owner, tenant, person in possession, partnership, corporation or other business entity to install, alter, repair, move, equip, use or maintain or allow such installation of any exterior lighting in violation of any of the provisions of this section, or to fail in any manner to comply with a notice, directive or order of the village.
3. If, after investigation, the enforcing officer finds that any provision of this section is being violated, notice shall be given by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that the violation be abated within thirty (30) days of the date of hand delivery or of the date of mailing of the notice. Applicable staff shall be available to assist in working with the violator to correct said lighting violation. If the violation is not abated within the thirty (30) day period, the enforcing officer may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this section and to collect the penalties for such violations.
4. A violation of this section, or any provision thereof, shall be punishable by a civil penalty of fifty dollars ($50.00) for residential violations and one hundred fifty dollars ($150.00) for nonresidential violations for each day of the violation after the expiration of the thirty (30) day period, and each day shall constitute a separate offense for the purpose of calculating the civil penalty. (Ord. 11-01, 1-24-2011)