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HomeMy WebLinkAbout1613 OrdinanceORDINANCE NO. 1613 AN ORDINANCE RELATING TO OUTDOOR LIGHTING. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. 1-1.-13=73 Section 1.1 "Outdoor Lighting Fixture"_ shall include but is not limited to lighting for billboards, street lights, shopping center or parking area lights, externally or internally illuminated on-site or business advertising signs and yard type lighting. Section 1.2 _"Outdoor LightingSystem" shall include any array of outdoor lighting fixtures arranged in such a way and with the intent to provide continuous and/or area -wide lighting for road, street, walkway or other public, commercial or residen- tial areas . Section_1.3 "Individual" shall mean any private individual, tenant, lessee, owner or any commercial entity including but not limited to companies, partnerships, joint - ventures or corporations. Section 1.4 "Installation" shall mean the initial installation of outdoor lighting fixtures or systems as defined herein made subsequent to the enactment of this ordinance and shall not pertain or apply to those outdoor lighting fixtures or systems existing at the time of enactment of this ordinance, the maintenance or replacement of existing fixtures with like or similar fixture:s, the installation of additional fix- tures in an existing system with similar type to conform to existing fixtures or those outdoor fixtures for street lighting systems on order or in stock of the Franklin County P. U . D. No. 1 at the time of enactment of this ordinance. Section 1.5 "Zone One" is that area lying within the city limits of the City of Pasco lying easterly of a line commencing at the Columbia River and the East right -of way line of State Highway SR 12; thence running Northeasterly along the said East right-of-way line to the East right-of-way line of Road 28 and projections thereof; thence Northerly along the East right-of-way line of Road 28 and projections thereof to the North city limit line. Section 1.6 "Zone Two" shall be that area within the City of Pasco not included in Zone One as herein described. 1 11-13-73 -2- SECTION 2. GENERAL REQUIREMENTS. Section 2.1 Shielding. All Outdoor Lighting Systems installed in Zone One or Zone Two on or after 30 days from the effective date of this ordinance shall be shielded from above in such a manner that the edge of the shield shall be level with or below the center of the light source so that any direct light emitted above the horizontal is minimized. All. Outdoor Lighting Fixtures installed in Zone Two on or after 90 days from the enactment of this ordinance shall be shielded in such a manner so that any direct light emitted above the horizontal is minimized. Light direction refractors shall be considered to be light sources. Section 2 .2 Lighting Source . The required lighting source for outdoor lighting fix- tures or systems may be clear mercury vapor or white mercury vapor lamps which meet the other provisions of this ordinance. SECTION 3. OTHER ACTS DECLARED UNLAWFUL. It is unlawful for any individual to engage in the following activities: 3.1 The operation of a searchlight for advertising purposes between midnight and sunrise. 3 .2 The illumination after midnight of an outdoor public recreation facility unless a specific recreational activity is already in progress. 3 .3 The outside illumination of any building, public or private, by light projected above the horizontal between midnight and sunrise provided that this prohibition shall not apply to any emergency lighting as may be required by any public agency engaged in the performance of their duties. 3.4 The illumination of outdoor signs by lighting projected above the horizontal, between midnight and sunrise. SECTION 4. EXEMPTIONS. 4.1 Any individual as defined herein may submit a written request to the building inspector for a temporary exemption to the requirements of this ordinance. The request for the exemption shall contain as a minimum the following information: -3- a) type and use of outdoor lighting fixture involved b) specific exemption requested c) physical size of outdoor light fixture d) total wattage of lamp or lamps e) proposed location of outdoor light f) duration of use of outdoor light 11-13-73 in addition to the above data, the building inspector may request any additional infor- mation which would enable him to make a reasonable evaluation of the request for the exemption. The building inspector shall have ten (10) work days from the receipt of the re- quest for the exemption in which to accept or to reject the request. If rejected, such rejection shall be in writing and the individual making the request shall have the right of appeal to the Board of Adjustment for review of the decision. SECTION S. EXCLUSIONS FROM THE REQIIREMENTS OF THIS ORDINANCE. 5 . 1 Outdoor Lighting Fixtures and Systems of all types within the City of Pasco exist- ing prior to the effective date of this ordinance. 5.2 Private residential incandescent illumination of 500 watts or less. 5 .3 Light produced directly by the combustion of natural gas or other fuels . 5.4 Signs in which light is produced by glass tubing filled with neon, argon or krypton. 5.5 Signs of the type constructed of translucent materials and wholly illuminated from within which are in compliance with the general requirements included herein. 5 .6 Fluorescent type lamps having at least eighty percent (80%) of the total emergent flux lying in the spectrum region above four thousand nine hundred (4 , 900) angstrom units. A list of fluorescent lamps meeting the requirements is on file with the build- ing inspector. 5.7 Private and commercial holiday lighting. CTION 6. ENFORCEMENT. The Building Inspector is hereby authorized and directed to perform all acts necessary and appropriate to enforce and to give effect to this ordinance. SECTION 7. PENALTIES_ Any individual, firm or corporation violating any of the pro- visions of this ordinance may be subject to a penalty of three hundred dollars ($300.00). The City Attorney of the City of Pasco may bring civil actions in the appropriate court of the State of Washington in the name of the City for the remedy herein provided. -4- 11-1;3.-73 For any violation of a continuing nature, each day's violation shall be con- sidered a separate offense and may subject the offender to the above penalty for each offense. SECTION 8^ SEVERABILITY. If any provisions of this ordinance, or its application to any individual or circumstance is held invlaid , the remainder of the ordinance, or the application of the provision to other individuals or circumstances is not affected. SECTION 9. EFFECTIVE DATE. This ordinance shall take effect after its passage and publication as required by law. PASSED by the City Council and APPROVED this 20 day of November 1973. r Jenw�- Donald D . Linton , Nfayor Approved as to form: D. Wayne Campbell, City Attorney Publication Date: