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(A) Any person affected by an order issued by the public officer may, within 30 days after the posting and service of the order, petition the circuit court for an injunction restraining the public officer from carrying out the provisions of the order, and the court may issue a temporary injunction restraining the public officer pending the final disposition of the cause.
(B) Hearings shall be had by the court on the petition within 20 days or as soon thereafter as possible.
(C) In all such proceedings the findings of the public officer as to facts, if supported by evidence, shall be conclusive.
(D) Costs shall be in the discretion of the court.
(E) The remedies herein provided shall be exclusive remedies and no person affected by an order of the public officer shall be entitled to recover any damages for action taken pursuant to any order of the public officer, or because of non-compliance by such person with any order of the public officer.
(Prior Code KOC, § 950.1, passed 2-1-1971)
OUTDOOR LIGHTING
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DIRECT LIGHT. Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire.
FIXTURE. The assembly that houses the lamp or lamps, and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror and/or a refractor or lens, and shielding.
FLOODLIGHT OR SPOTLIGHT. Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
FOOTCANDLE. A unit of illuminance. The amount of light falling on one square foot from one candle one foot away.
GLARE. Light emitting from a luminaire with an intensity great enough to reduce a viewer’s ability to see and in extreme cases to cause momentary blindness.
HEIGHT OF LUMINAIRE. The height of a luminaire shall be the vertical distance from the ground directly below the center line of the luminaire to the lowest direct light-emitting part of the luminaire.
INDIRECT LIGHT. Direct light that has been reflected or has scattered off of other surfaces. Lamp: The component of a luminaire that produces the actual light.
LIGHT TRESPASS. The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
LUMEN. A unit of luminous flux. One footcandle is one lumen per square foot. For the purposes of this subchapter the lumen output values shall be the initial lumen output ratings of a lamp.
LUMINAIRE. This is a complete lighting system and includes a lamp or lamps and a fixture.
OUTDOOR LIGHTING. The illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
SHIELDING. This is where direct light from a lamp is cut off or deflected downward by the use of a hood or box or other means.
TEMPORARY OUTDOOR LIGHTING. The specific illumination of an outside area or object by any man-made device located outdoors that produces light by any means for a period of less than seven days with at least 180 days passing before being used again.
(Ord. 2005-8, passed 6-6-2005)
All public and private outdoor lighting installed in the city shall be in conformance with the requirements established by this subchapter.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
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