ORDINANCE NO. 655
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
REGULATING LIGHT POLLUTION
The Board of Supervisors of the
County of Riverside Ordains as Follows:
Section 1. INTENT. The intent of
this ordinance is to restrict the permitted use of certain light fixtures
emitting into the night sky undesirable light rays which have a detrimental
effect on astronomical observation and research. This ordinance is not intended
to restrict the use of low pressure sodium lighting of single family dwellings
for security purposes. This ordinance does not require any replacement of light
fixtures already installed and operating.
Section 2. CONFORMANCE WITH
APPLICABLE ORDINANCES. All artificial outdoor light fixtures shall be installed
in conformance with the provisions of this ordinance and the applicable
provisions of the ordinances of the County of Riverside regulating the
installation of such fixtures.
Section 3. APPROVED MATERIALS AND
METHODS OF INSTALLATION. This ordinance is not intended to prevent the use of
any design, material or method of installation not specifically forbidden,
provided any such alternate has been approved. The Planning Director may
approve any such proposed alternate if it:
A. Provides at least approximate
equivalence to the applicable
specific
requirements of this ordinance; and
B. Is otherwise satisfactory and
complies with the intent of
this
ordinance.
Section 4. DEFINITIONS.
A. Outdoor light fixtures
means outdoor artificial illuminating
devices,
installed or portable, used for flood lighting, general illumination or
advertisement. Such devices shall include, but are not limited to, search,
spot, and flood lights for:
1. buildings and structures;
2. recreational facilities;
3. parking lots;
4. landscape lighting:
5. outdoor advertising displays and
other signs;
6. street lighting on private
streets;
7. walkway lighting.
B. Class I lighting means all
outdoor lighting used for, but
not limited
to, outdoor sales or eating areas, assembly or repair area, outdoor advertising
displays and other signs, recreational facilities and other similar
applications when color rendition is important.
C. Class II lighting means
all outdoor lighting used for but
not
limited to illumination for walkways, private roadways and streets, equipment
yards, parking lot and outdoor security.
D. Class III lighting means
that lighting not needed for Class
I or Class
II purposes and used for decorative effects. Examples of Class III lighting
include, but are not limited to, the illumination of flag poles, trees,
fountains, statuary, and building walls.
E. Planning Director means
the Director of Planning of the
County of
Riverside or representative(s) designated by the Planning Director.
F. Individual means any
private individual, tenant, lessee,
owner or
any commercial entity, including, but not limited to, companies, partnerships,
joint ventures or corporations.
G. Installed means any
installation of outdoor light fixtures
after the
effective date of this ordinance. Projects with construction plans approved by
the County prior to the effective date of this ordinance are excluded from
installation in compliance with this ordinance.
H. Zone A means the circular
area fifteen (15) miles in radius
centered
on Palomar Observatory.
I. Zone B means the circular
ring area defined by two circles,
one
forty-five (45) miles in radius centered on Palomar Observatory, and the other
the perimeter of Zone A.
J. Fully shielded means
outdoor light fixtures shielded or
constructed
so that light rays emitted by the fixtures are projected below the horizontal
plane passing through the lowest point on the fixture from which light is
emitted.
K. Partially shielded means
outdoor light fixtures designed or
constructed
so that ninety percent (90%) of the light rays emitted by the fixture are
projected below the horizontal plane passing through the lowest point of the
shield.
L. Luminare means a complete
lighting unit consisting of a lamp
or lamps
together with the parts designed to distribute the light, to position and
protect the lamps and to connect the lamps to the power supply.
M. Outdoor Advertising Display
means advertising structures and
signs used
for outdoor advertising purposes, not including on-site advertising signs, as
further defined and permitted in Article XIX of Ordinance No. 348.
N. Outdoor Recreational
Facilities means public or private
facilities
designed and equipped for the conduct of sports, leisure time activities and
other customary and usual recreational activities. Outdoor recreational
facilities include, but are not limited to, fields for softball, baseball,
football, soccer, and other field sports, courts for tennis, basketball,
volleyball, handball and other court sports, stadiums, and lighted golf
facilities such as driving ranges.
Section 5. GENERAL REQUIREMENTS.
These standards apply in Zones A and
B.
A. Preferred Source -
Low-pressure sodium lamps are the
preferred
illuminating source.
B. Shielding - All nonexempt
outdoor light fixtures, shall be
shielded
as required in Section 6.
C. Hours of Operation - All
nonexempt outdoor light fixtures
are
subject to the provisions of Section 8 regarding hours of operation.
D. Outdoor Advertising Display
- Lighting fixtures used to
illuminate
an outdoor advertising display shall be mounted on the top of the outdoor
advertising structure. All such fixtures shall comply with the lamp source and
shielding requirements of Section 6, and the prohibitions of Section 8.
Section 6. REQUIREMENT FOR LAMP
SOURCE AND SHIELDING. The requirements for lamp source and shielding of light
emissions for outdoor light fixtures in Zones A and B shall be:
LAMP TYPE AND SHIELDING
REQUIREMENTS PER FIXTURE
CLASS I - COLOR RENDITION
IMPORTANT
LAMP TYPE ZONE
A ZONE
B
Low Pressure Sodium Allowed Allowed
Others above 4050 Lumens Prohibited Allowed if
fully shielded
Others 4050 Lumens & Below Allowed* Allowed
CLASS II - PARKING LOTS,
WALKWAYS, SECURITY
LAMP TYPE ZONE
A ZONE
B
Low Pressure Sodium Allowed Allowed
Others above 4050 Lumens Prohibited Prohibited
Others 4050 Lumens & Below Prohibited Allowed
CLASS III - DECORATIVE
LAMP TYPE ZONE
A ZONE
B
Low Pressure Sodium Prohibited Allowed
Others above 4050 Lumens Prohibited Prohibited
Others 4050 Lumens & Below Prohibited Allowed
*Maximum of 8,100 total lumens per
acre or per parcel if under one acre.
NOTE: When lighting is
"Allowed" by this ordinance, it must be
fully
shielded if feasible and partially shielded in all other cases, and must be
focused to minimize spill light into the night sky and onto adjacent
properties.
Section 7. SUBMISSION OF PLANS AND
EVIDENCE OF COMPLIANCE. The application for any required County approval for
work in Zones A and B involving nonexempt outdoor light fixtures shall include
evidence that the proposed work will comply with this ordinance. The submission
shall contain, but not be limited to, the following:
A. The location of the site where
the outdoor light fixtures
will be
installed;
B. Plans indicating the location and
type of fixtures on the
premises;
C. A description of the outdoor
light fixtures, including, but
not
limited to, manufacturer's catalog cuts and drawings.
The above required plans and
descriptions shall be sufficiently complete to enable the County to readily
determine whether compliance with the requirements of this ordinance will be
secured. If such plans and descriptions cannot enable this ready determination,
by reason of the nature or configuration of the devices, fixtures or lamps
proposed, the applicant shall submit further evidence of compliance enabling
such determination.
Section 8. PROHIBITIONS.
A. The installation of other than
low pressure sodium street
lights on
private roadways and streets is prohibited within Zones A and B.
B. All Class I lighting in Zones A
and B shall be off between
11:00 p.m.
and sunrise, except as follows:
1. On-premise advertising signs may
be illuminated while
the
business facility is open to the public;
2. Outdoor advertising displays may
remain lighted until
midnight;
3. Outside sales, commercial,
assembly, repair, and
industrial
areas may be lighted when such areas are actually in use.
4. Outdoor recreational facilities
may remain lighted to
complete
recreational activities that are in progress and under illumination in
conformance with this ordinance at 11:00 p.m.
C. All Class II lighting in Zones A
and B may remain on all
night.
D. All Class III lighting in Zones A
and B shall be off between
11:00 p.m.
and sunrise.
E. Operation of searchlights for
advertising purposes is
prohibited
in Zones A and B.
Section 9. PERMANENT EXCEPTIONS.
A. Nonconformance. All
outdoor light fixtures existing and
legally
installed prior to the effective date of this ordinance are exempt from the
requirements of this ordinance except that:
1. When existing luminaries are
reconstructed or replaced,
such
reconstruction or replacement shall be in compliance with this ordinance.
2. Sections 8 b, c, d and e
regarding hours of operation
shall
apply.
B. Fossil Fuel Light. All
outdoor light fixtures producing
light
directly by combustion of fossil fuels (such as kerosene lanterns, and gas
lamps) are exempt from the requirements of this ordinance.
C. Holiday Decorations.
Lights used for holiday decorations
are exempt
from the requirements of this ordinance.
Section 10. TEMPORARY EXEMPTIONS.
A. Information Required. Any
individual may submit a written
request to
the Planning Director for a temporary exemption from the requirements of this
ordinance. The filing fee for the temporary exemption shall be $50.00. The
Request for Temporary Exemption shall contain the following information:
1. Name, address and telephone
number of the applicant;
2. Location of the outdoor light
fixtures for which the
exemption
is requested;
3. Specific exemption(s) requested;
4. Use of the outdoor light fixtures
involved;
5. Duration of the requested
exemption(s);
6. Type of outdoor light fixture to
be used, including
total
lumen output, character of the shielding, if any;
7. Previous temporary exemptions, if
any;
8. Such other data and information
as may be required by
the
Planning Director.
The Planning Director shall have ten
(10) business days from
the date
of receipt of the Request for Temporary Exemption to approve or disapprove the
request. The applicant will be notified of the decision in writing.
B. Duration of Approval. The
exemption shall be valid for not
more than
thirty (30) consecutive days from the date of issuance of approval. Exemptions
are renewable for a period of not more than fifteen (15) consecutive days.
Requests for renewal of a temporary exemption shall be processed in the same
manner as the original request. No outdoor light fixtures shall be exempted
from this ordinance for more than forty-five days during any twelve (12) month
period.
C. Appeals. An applicant or
any interested person may file an
appeal
from the decision of the Planning Director within 10 days of the date of
mailing of the notice of decision to the applicant. The appellant may appeal
that decision, in writing, to the Board of Supervisors, on forms provided by
the Planning Department, which shall be accompanied by a filing fee of $25.00.
Upon receipt of a completed appeal, the Clerk of the Board shall set the matter
for hearing before the Board of Supervisors not less than five days nor more
than 30 days thereafter and shall give written notice of the hearing to the
appellant and the Planning Director. The Board of Supervisors shall render its
decision within 30 days following the close of the hearing on the appeal.
Section 11. EMERGENCY EXEMPTIONS.
This ordinance shall not apply to portable temporary lighting used by law enforcement
or emergency services personnel to protect life or property.
Section 12. CONFLICTS. Where any
provision of the statutes, codes or laws of the United States of America or the
State of California conflicts with any provision of this ordinance, the most
restrictive shall apply unless otherwise required by law.
Section 13. VIOLATIONS AND
PENALTIES. It shall be unlawful for any individual to operate, erect,
construct, enlarge, alter, replace, move, improve, or convert any lighting
structure, or cause the same to be done, contrary to or in violation of any
provision of this ordinance. Any individual violating any provision of this
ordinance shall be deemed guilty of an infraction or misdemeanor as hereinafter
specified. Such individual shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violation of any of the
provisions of this ordinance is committed, continued, or permitted.
Any individual convicted of a
violation of this ordinance shall be (1) guilty of an infraction offense and
punished by a fine not exceeding one hundred dollars ($100) for a first
violation: (2) guilty of an infraction offense and punished by a fine not
exceeding two hundred fifty dollars ($250) for a second violation on the same site
and perpetrated by the same individual. The third and any additional violations
on the same site and perpetrated by the same individual shall constitute a
misdemeanor offense and shall be punishable by a fine not exceeding one
thousand dollars ($1,000) or six months in jail, or both. Payment of any
penalty herein shall not relieve an individual from the responsibility for
correcting the violation.
Section 14. VIOLATIONS CONSTITUTE
PUBLIC NUISANCE. Any lighting structure erected, constructed, enlarged,
altered, replaced, moved, improved, or converted contrary to the provisions of
this ordinance shall be, and the same is hereby declared to be, unlawful and a
public nuisance and subject to abatement in the manner provided by law. Any
failure, refusal or neglect to obtain a permit as required by this ordinance
shall be prima facie evidence of the fact that a public nuisance has been
committed in connection with the erection, construction, enlargement,
alteration, replacement, improvement, or conversion of a lighting structure
erected, constructed, enlarged, altered, repaired, moved, improved, or
converted contrary to the provisions of this ordinance.
Section 15. SEVERABILITY. If any
provision of this ordinance or the application thereof to any individual or
circumstance is invalid, the invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are
severable.
Section 16. EFFECTIVE DATE. This
ordinance shall take effect and be in force thirty (30) days after the date of
its adoption.
ADOPTED: 6-7-88 (Eff.: 7-7-88)