§ 155.034  DARK SKIES REGULATIONS.
   (A)   Purpose and intent.  It is the purpose of this section to maximize the preservation of the rural character of the City of Elephant Butte and to minimize light pollution for the enjoyment of the citizens.
      (1)   Using fixtures with good optical control to distribute light in the most effective and efficient manner;
      (2)   Using minimum amount of light to meet the lighting criteria;
      (3)   Using shielded outdoor light fixtures where required and wherever else feasible;
      (4)   Assuring that the light generated by outdoor fixtures does not extend beyond the property line of the property from which it emanates.
      (5)   Requiring that certain outdoor light fixtures be turned off between 11:00 p.m. and sunrise.
   (B)   General requirements.
      (1)   Outdoor light fixtures installed and maintained upon private property within commercial or residential zones shall comply with the following:
      (2)   Outdoor light fixtures shall be shielded such that light rays emitted by the fixture are projected at 45º from a point on fixture where light is permitted.
      (3)   Where used for security purposes, or to illuminate walkways, roadways, equipment yards and parking lots, only shielded outdoor or focused light fixtures shall be utilized.
      (4)   Where used for on- or off-premise signs or for decorative effects or recreational facilities such as for building, landscape or ball field illumination, the outdoor light fixtures shall be equipped with automatic timing devices, be shielded and or focused to minimize light pollution.
      (5)   Outdoor fixtures shall be required to have all light focused downward.
      (6)   Outdoor light fixtures on residential property shall be limited to 15 feet in height.
      (7)   All outdoor light fixtures existing or hereafter installed and maintained upon private property within commercial or residential zones shall be turned off between 11:00 p.m. and sunrise except when permitted by the Planning and Zoning Commission. A permit will be issued by the Zoning Officer if:
         (a)   The applicant can demonstrate that a legitimate threat to property or public safety would exist without continuous lighting.
         (b)   The recreational use is nonrecurring
         (c)   The lighting is in all other ways in conformance with this section.
         (d)   All illuminated on-premise signs for advertising purposes shall be turned off between 11:00 p.m. and sunrise except that on-premise signs may be illuminated while the business facility on the premises is open to the public.
         (e)   All outdoor light fixtures shall be installed in conformity with all other applicable provisions of the City of Elephant Butte Ordinances.
         (f)   Lighting exterior to the structures shall be shielded in such a manner as to confine emitted light within the boundary of the property from which it originated.
         (g)   All non-conforming residential outdoor lighting installed prior to the effective date of this subchapter shall be altered or replaced in order to conform within 2 years.
         (h)   All non-conforming commercial outdoor lighting installed prior to the effective date of this subchapter shall be altered or replaced in order to conform within 2 years.
   (C)   Prohibited lighting.  Rotating, flashing, moving or stationary beacons of light used for advertising purposes or public events are prohibited.
(Ord. 94, passed 8-3-2006)