Notwithstanding any other provisions of this chapter, the city may require the modification, removal, or limited operation of outdoor lighting fixtures found to be a public safety hazard or a public or private nuisance according to the following criteria:
(A) Criteria for finding outdoor illumination to be a public safety hazard.
(1) Light trespass and glare is sufficiently intense or contrasts excessively with surrounding illumination, regardless of the intensity of the surrounding illumination, in a manner to cause impairment of visual performance or to distract from or impair the safe operation of a vehicle; or
(2) Light trespass or glare exists that impairs a person’s visual performance or ability to avoid obstacles in his or her path.
(B) Criteria for finding outdoor illumination to be a public nuisance affecting the community as a whole.
(1) Light escapes above the horizontal plane to pollute the night sky enjoyed by all citizens or visitors; or
(2) Glare onto public rights-of-way or public spaces such as parks is of sufficient intensity as to be annoying to or impair the visual acuity of a person of average sensibilities using the right-of-way.
(C) Criteria for finding outdoor illumination to be a private nuisance affecting an individual citizen or property owner.
(1) Light trespass or glare exists that deprives an owner or occupant of usual and reasonable use and enjoyment of a private property; or
(2) Light trespass or glare exists that causes visual discomfort or impairment of visual performance in a manner that deprives any citizen of average sensibilities from the safe use of a private property.
(Ord. 2022-08-04, passed 8-4-2022)