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(A) Complaints or orders issued by a public officer pursuant to this subchapter shall be served upon persons either personally or by certified mail, but if the whereabouts of such person is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of the complaint or order upon such persons may be made by publication pursuant to KRS Chapter 424.
(B) A copy of the complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order, and shall be recorded in the office of the County Clerk wherein the structure is located.
(Prior Code KOC, § 950.1, passed 2-1-1971)
(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
(A) Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens and all flood or spot luminaires with a lamp or lamps rated at more than 900 lumens shall not emit any direct light above a horizontal plane through the lowest direct light-emitting part of the luminaire, where shielding may be used to bring such luminaire into conformance with this subchapter.
(B) Any luminaire with a lamp or lamps rated at a total of more than 1800 lumens and all flood or spot luminaires with a lamp or lamps rated at a total of more than 900 lumens shall be mounted at a height equal to or less than the value 3 + (D/3) where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed 25 feet.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
(A) No luminaire shall be placed within the front setback area, or for corner lots, a side set back area, as defined by the applicable zoning regulation, except for lights installed for the purpose of illuminating an entrance to property, and, in which case, they shall individually and collectively, not cast a light upon any portion of the surfaced area of a public right-of-way, measured at a height of 4feet above the surface, of an intensity greater than 4 footcandles.
(B) No luminaire, regardless of its size or type, shall be placed within the rear or side set back areas of residential property except where such areas are used for an entrance to the property and then such light(s) shall conform to the standards set out in section one of this section.
(C) No luminaire, regardless of its size or type, shall be permitted which is constructed or situated in such a manner that it casts a light beyond the boundaries of the property upon which the light is maintained and which can be measured at any point on the property of another at an intensity greater than 1 footcandle or at any point on a residential structure of another at an intensity of greater than 1/10 of 1 footcandle.
(D) The city shall retain the right to place street lights within its public rights-of-way where such lights are deemed necessary by the city or its officials for the safety of motorists and pedestrians. Such lights shall not be subject to the restrictions of this section.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
(A) This subchapter shall take effect immediately upon approval by City Council and publication in a newspaper of general circulation, and shall supersede and replace all previous ordinances pertaining to outdoor lighting.
(B) All luminaires in place prior to the date of this subchapter shall be grandfathered. However, any luminaire that replaces a grandfathered luminaire, or any grandfathered luminaire that is moved, must meet the standards of this subchapter. Notwithstanding, all luminaires within the city limits shall be brought into compliance within 10 years of enactment of this subchapter.
(Ord. 2005-6, passed 4-4-2005)
(A) Installation of any new public area and roadway lighting fixtures other than for traffic control shall be specifically approved by the City Council.
(B) Before any proposal for new multiple public roadway lighting luminaires shall be approved, the City Council shall hold a public hearing to describe the proposal and to provide an opportunity for public comment.
(C) If any subdivision, development or new construction within the city proposes to have installed street or other common or public area outdoor lighting, the lighting plans, description, and data shall be approved by the city and the final plat shall contain a statement certifying that the applicable provisions of the city will be adhered to.
(Ord. 2005-6, passed 4-4-2005) Penalty, see § 150.999
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