2009-24 Dark Sky Ordinance, Regulating Light Pollution around Mt. Palomar ORDINANCE NO. 2009 - 24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
REPEALING RIVERSIDE COUNTY ORDINANCE NO. 655 AND ADOPTING
MENIFEE MUNICIPAL CODE CHAPTER 6.01, THE "DARK SKY ORDINANCE",
REGULATING LIGHT POLLUTION AROUND MT. PALOMAR
The City Council of the City of Menifee does ordain as follows:
Section 1. Purpose. The City of Menifee is within a 30 to 45 mile radius around the Mt.
Palomar observatory. Under County Ordinance No. 655, the City fell within Zone B for
regulation of light pollution. The purpose of this ordinance is to re-adopt the requirements of
that ordinance as City requirements in order to restrict the permitted use of certain light fixtures
emitting into the night sky 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. All outdoor light fixtures shall be
installed in conformance with the provisions of this ordinance and any other applicable
provisions of the Menifee Municipal Code.
Section 2. Chapter 6.1 is added to the Menifee City Code to read as follows:
Chapter 6.01
Dark Sky Ordinance
Sections:
6.01.010 Definitions
6.01.020 General Requirements
6.01.030 Approved Materials and Methods of Installation
6.01.040 Requirement for Lamp Source and Shielding
6.01.050 Submission of Plans and Evidence of Compliance
6.01.060 Prohibitions
6.01.070 Permanent Exceptions
6.01.080 Temporary Exemptions
6.01.090 Emergency Exemptions
6.01.100 Conflicts
6.01.110 Appeal
6.01.120 Violations and Penalties
6.01.130 Violations Constituting Public Nuisance
6.01.010 Definitions. As used in this Code, unless a different meaning is
apparent from the context or is specified elsewhere in the Code:
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(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: (i)
buildings and structures; (ii) recreational facilities; (iii) parking lots;(iv) landscape
lighting; (v) outdoor advertising displays and other signs; (vi) street lighting on
private streets; and (vii) walkway lighting.
(b) "Class I lighting" means all outdoor lighting used for, but not limited to, outdoor
sales or eating areas, assembly or repair areas, 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) "Individual' means any private individual, tenant, lessee, owner or any
commercial entity, including, but not limited to, companies, partnerships,joint
ventures or corporations.
(f) "Installed" means any installation of outdoor light fixtures after the effective date
of this ordinance. Projects with construction plans approved by the City prior to
the effective date of this ordinance are excluded from installation in compliance
with this ordinance.
(g) "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.
(i) "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.
Q) "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.
(k) "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 Riverside County Land Use Ordinance No. 348,
adopted by reference by the City, or the successor thereto.
(1) "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.
(m) 'Planning Director" means the Planning Director for the City of Menifee or his/her
designee.
6.01.020 General Requirements. These standards within the City.
(a) Preferred Source: Low-pressure sodium lamps are the preferred illuminating
source.
(b) Shielding: All nonexempt outdoor light fixtures, shall be shielded as required
herein.
(c) Hours of Operation: -All nonexempt outdoor light fixtures are subject to the
provisions of this Chapter 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 and the prohibitions of this Chapter.
6.01.030 Approved Materials and Methods of Installation. This Chapter 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.
6.01.040 Requirement for Lamp Source and Shielding.
(a) A maximum of 8,100 total lumens per acre or per parcel if under one acre shall
be allowed. When lighting is "allowed," 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.
(b) The requirements for lamp source and shielding of light emissions for outdoor
light fixtures shall be:
LAMP TYPE AND SHIELDING REQUIREMENTS PER FIXTURE
CLASS
LAMP TYPE
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Low Pressure Sodium Allowed
Others above 4050 Lumens Allowed if fully shielded
Others 4050 Lumens & Below Allowed
CLASS II - PARKING LOTS, WALKWAYS, SECURITY
LAMP TYPE
Low Pressure Sodium Allowed
Others above 4050 Lumens Prohibited
Others 4050 Lumens & Below Allowed
CLASS III - DECORATIVE
LAMP TYPE
Low Pressure Sodium Allowed
Others above 4050 Lumens Prohibited
Others 4050 Lumens & Below Allowed
6.01.050 Submission of Plans and Evidence of Compliance. The application for
City approval for nonexempt outdoor light fixtures shall include evidence that the proposed work
will comply with this Chapter. The submission shall contain, but shall 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 City to
readily determine compliance with the requirements of this Chapter. If such plans and
descriptions do not provide sufficient information for that determination (whether by reason of
the nature or configuration of the devices, fixtures or lamps proposed, or otherwise), upon
request the applicant shall submit further evidence of compliance enabling such determination.
6.01.060 Prohibitions. The installation of other than low pressure sodium street
lights on private roadways and streets is prohibited. All Class I lighting in the shall be off
between 11:00 p.m. and sunrise, except as follows:
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(a) On-premise advertising signs may be illuminated while the business facility is
open to the public;
(b) Outdoor advertising displays may remain lighted until midnight;
(c) Outside sales, commercial, assembly, repair, and industrial areas may be lighted
when such areas are actually in use.
(d) 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.
(e) All Class II lighting may remain on all night.
(f) All Class III lighting shall be off between 11:00 p.m. and sunrise.
(g) Operation of searchlights for advertising purposes is prohibited.
6.01.070 Permanent Exceptions.
(a) Nonconformance. All outdoor light fixtures existing and legally installed prior to the
effective date of County Ordinance No. 655 are exempt from the requirements of this
Chapter, except that:(i) when existing luminaries are reconstructed or replaced, such
reconstruction or replacement shall be in compliance with this Chapter; and (ii) the hours
of operation set out in Section 6.01.060 (b) 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 Chapter.
(c) Holiday Decorations. Lights used for holiday decorations are exempt from the
requirements of this Chapter.
6.01.080 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 Chapter.. The filing fee
for the temporary exemption shall be determined by resolution of the City Council. The
request for temporary exemption shall contain the following information: (i) Name,
address and telephone number of the applicant; (ii) Location of the outdoor light fixtures
for which the exemption is requested; (iii) Specific exemption(s) requested; (iv) Use of the
outdoor light fixtures involved;(v) Duration of the requested exemption(s); (vi) Type of
outdoor light fixture to be used, including total lumen output, character of the shielding, if
any; (vii) Previous temporary exemptions, if any; (viii)Such other data and information as
may be required by the Planning Director. The Planning Director may approve or
disapprove the request within ten (10) business days from the date of receipt of a
complete request. The applicant will be notified of the decision in writing. Any denial of
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the request shall be accompanied by information regarding the appeal process.
(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.
6.01.090 Emergency Exemptions. This Chapter shall not apply to portable
temporary lighting used by law enforcement or emergency services personnel to protect life or
property.
6.01.100 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 Chapter the most
restrictive shall apply unless otherwise required by law.
6.01.110 Appeal. An applicant may appeal the decision of the Planning Director
under this Chapter (alternates or temporary exemption) in the manner and time provided by the
Menifee Municipal Code.
6.01.120 Violations and Penalties.
(a) 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 Chapter. Any individual
violating any provision of this ordinance shall be deemed guilty of an infraction.
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.
(b) A violation of this Chapter may be enforced by an administrative citation.
6.01.130 Violations Constitute Public Nuisance. Any lighting structure erected,
constructed, enlarged, altered, replaced, moved, improved, or converted contrary to the
provisions of this Chapter 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 Chapter 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 3. Effective Date. This ordinance shall take effect and be in force thirty (30)
days after the date of its adoption.
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PASSED, APPROVED AND ADOPTED THIS 3rd day of March, 2009, by the following
vote:
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AYES: tqp ,
NOES: "VLVW
ABSENT: �/rl,CUnQ)
ABSTAIN:
Wallace W. Edgert n; Mayor-
ATTEST:
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Kathy Bennett, City Clerk
APPROVED AS TO FORM:
Eliza eth Martyn, CityCity Attofney
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