A. Shielding Required: Following the effective date hereof, only shielded outdoor luminaires which conform to the requirement of section 8-3-3 of this chapter may be newly installed or modified, except for lamp replacement but only of the same type and of the same or lesser wattage.
B. Installed Public Or Private Lighting: Only fully shielded, low pressure sodium or fully shielded high pressure sodium outdoor luminaires may be newly installed to provide illumination for public and private streets and for areas designated for public and private parking. This includes both pole and wall mounted luminaires.
C. Time Limits For Illumination; Exceptions: All outdoor luminaires maintained on public or private property, whether installed before or after the effective date hereof, shall be turned off between eleven o'clock (11:00) P.M. (local time) and sunrise, except when used for:
1. Commercial And Industrial Uses: Commercial and industrial uses (such as sales, assembly and repair areas) where business is conducted after eleven o'clock (11:00) P.M., but only while the business is open to the public;
2. Advertising Signs: Illuminated advertising signs on the premises of a business while it is open to the public;
3. Security Lighting: Per IESNA guidelines, lighting necessary for security purposes or to illuminate walkways or roadways; or
4. Recreational Use: Recreational use that continues after eleven o'clock (11:00) P.M., but only for so long as such use continues.
D. High Intensity Beams: The outdoor operation of searchlights, lasers with greater than five (5) milliwatts visible output power, or other high intensity beams is prohibited.
E. Public Safety: For pedestrian and vehicular safety, glare shall not be observable (outside the originating property limits for private installation) at an angle greater than seventy five degrees (75°) from the nadir of the vertical axis of the light source. The definition of "glare" in the context of light trespass is more stringent, given below in subsection G of this section.
F. Maximum Luminance: No permanently mounted luminaire shall employ a lamp rated greater than one hundred fifty (150) watts. Temporary use "task lighting" luminaires may exceed these limits by a factor of four (4), but for no more than thirty (30) days in a given calendar year. Also, no more than the equivalent of two hundred fifty (250) watts per acre of illumination from conforming luminaires may be employed on any property.
G. Light Trespass: All public and private lighting shall be shielded and/or directed in such a manner that it does not spill over into neighboring premises so as to interfere with the peaceful enjoyment of these premises. Light trespass can only exist if there is a complaint. In cases of unresolved disagreement, a formal complaint may be filed by the aggrieved party to the village codes enforcement officials, who will then make a determination and take appropriate actions.
Even though a luminaire may be legally installed and operated as given above, it is possible for any luminaire to create a light trespass situation. For purposes of evaluation, "light trespass" shall be defined as follows:
1. Light falling onto nearby residential property, bright enough to create a shadow easily seen on a dark, moonless night; and/or
2. Nuisance glare, where the illuminating source lamp or its reflection can be seen with significant intensity by a person standing off premises.
The provisions of this section apply to all luminaires. For the purposes of light trespass, a luminaire is no longer considered newly installed after one year from the date of installation or modification in the absence of complaint.
In the event of a formal complaint regarding an existing off street luminaire, the complaining party(ies) shall be financially responsible for any modifications found necessary to eliminate the light trespass. For newly installed lighting, the owner may elect to obtain written agreement that the lighting does not constitute light trespass from the owners of neighboring properties. If such agreement is obtained, a later complaint cannot be filed by these persons except as defined under the existing luminaires clause, or if the luminaire fails to meet the requirements elsewhere in this chapter.
If a contractor or public utility installs an off street luminaire, they are obliged to ensure that the owner warrants that the luminaire does not produce light trespass, and/or that the owners of the neighboring properties have in writing agreed to the installation of the luminaire. (Ord. 331, 3-8-2005)