In addition to the exceptions specified elsewhere in this chapter, the following are exempt from the provisions of this chapter except as further noted:
(A) Traffic lighting. Publicly maintained traffic control devices.
(B) Emergency lighting. Temporary emergency lighting (fire, police, repair crews).
(C) TxDOT lighting. Lighting fixtures and illumination requirements imposed by the Texas Department of Transportation (TxDOT) within TxDOT’s right of way.
(D) Vehicle lighting. Lighting required by law to be installed on motor vehicles.
(E) Construction lighting. Temporary construction lighting provided workers are present and actively engaged in the construction project and the lights are positioned so they do not shine in the eyes of passing motorists, bicyclists, or pedestrians so as to create a safety hazard.
(F) Navigation lighting. Navigation lights such as aircraft warning beacons on water towers, electrical and wireless transmission towers, and the like. However, notwithstanding terms as may be set forth in licensing agreements with the owners/operators of such lights, a white or light colored, flashing strobe light that is visible after sunset shall be deemed non-compliant unless required by state or federal government regulation.
(G) Swimming pool lighting. Underwater lights such as are commonly installed in swimming pools or other water features are exempt.
(H) Performance lighting. Temporary lighting for outdoor theatrical or musical productions, outdoor movies, or on-the-scene nighttime television broadcasts such as television news are exempt.
(I) Fossil fuel lighting. Outdoor lighting for which light is produced directly by the combustion of fossil fuels such as outdoor fire pits and ornamental items such as “tiki lamps” are exempt.
(J) Water and wastewater treatment facilities. Outdoor lighting at water treatment plant(s) and wastewater treatment plant(s) that is installed and functioning on August 4, 2022 is exempt. All fixtures replaced during the normal course of maintenance or in conjunction with renovations or replacement of the facilities shall be fully compliant with the provisions of this chapter.
(Ord. 2022-08-04, passed 8-4-2022)