TC Ord. No. 2009-09 Declaring glare, light pollution, light trespass,and waste light a public nuisance and amending chapter 8.24 of the avon muni codeTOWN OF AVON, COLORADO
ORDINANCE NO. 09-09
SERIES OF 2009
DECLARING GLARE, LIGHT POLLUTION, LIGHT TRESPASS,
AND WASTE LIGHT A PUBLIC NUISANCE, AND AMENDING
CHAPTER 8.24 OF THE AVON MUNICIPAL CODE
WHEREAS, pursuant to § 31 -15 -103, et. seq., C.R.S., and the home rule powers of the Town
of Avon (the "Town "), the Town Council has the power to adopt ordinances for promotion and
preservation of public health, safety, and welfare; and
WHEREAS, pursuant to § 31- 15- 401(1)(c), et. seq., C.R.S., the home rule powers of the Town,
and the general police powers of the Town, the Town Council has the authority to declare,
define and abate nuisances and impose fines for the creation, continuance or causation of the
same; and
WHEREAS, the Town in response to a significant increase in the use of exterior illumination
enacted Chapter 15.30 of the Avon Municipal Code (the "Code ") to establish outdoor lighting
standards to reduce offensive lighting sources and reduce light trespass beyond property lines
including unnecessary upward lighting; and
WHEREAS, the Town residents and guests value the natural setting of Avon which includes
the ability to view the natural night sky not obscured waste light and Town Council finds that
the preservation of the natural setting in Avon promotes the values of the Avon community,
enhances and protects property values, and promotes the attractiveness of Avon for visitors in a
highly competitive state wide, national and international resort market, thereby promoting the
local economy; and
WHEREAS, the Town desires to promote and protect the natural night sky as a valuable
community resource by declaring waste light a public nuisance by adopting a new section
8.24.115 to Chapter 8.24 of the Code; and
WHEREAS, the Town Council finds that the passage of this Ordinance will promote and
preserve the health, safety and welfare of the Avon community.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
SECTION 1. RECITALS. The above and foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Town Council.
SECTION 2. REPEALED AND RE- ENACTED. Chapter 8, Article 24, Section 8.24.020 of the
Town of Avon Municipal Code is hereby repealed and re- enacted to read as follows:
8.24.020 Designated generally.
Page 1 of 4
Ordinance No. 09 -09 Declaring Waste Light a Nuisance 4 -21 -09 ejh
Each of the actions or conditions set out in Section 8.24.030 through 8.24.115 shall be
deemed to be a public nuisance and may be proceeded against according to the
provisions of this Chapter.
SECTION 3. ENACTED. Chapter 8, Article 24, Section 8.24.115 of the Town of Avon
Municipal Code is hereby enacted to read as follows:
8.24.115 Waste light.
(a) Applicability: This section shall apply to any waste light (as defined n Section
8.24.115(b) below), glare (as defined in Section 15.30.020 of this Code), light
pollution (as defined in Section 15.30.020 of this Code), and light trespass (as defined
in Section 15.30.020 of this Code).
(b) Definition: "Waste light" means light emitted by any outdoor lighting fixture or
source that is not installed in conformance with the outdoor lighting standards
adopted by the Town of Avon and codified in Chapter 15.30 of the Avon Municipal
Code.
(c) Nuisance Declared: Waste light, glare, light pollution, and light trespass shall be
deemed a nuisance in violation of the provisions of this Chapter.
(d) Purpose: The purpose of this section is to promote and protect the Town's
character and to ensure that the Town residents and guests can enjoy the qualities
associated with it which includes the ability to view the stars against a dark night sky.
(e) Abatement: Compliance with the outdoor lighting standards contained in Chapter
15.30 of the Avon Municipal Code shall be deemed satisfactory abatement of any
light pollution.
SECTION 4. CODIFICATION AMENDMENTS. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting
changes as may be necessary to incorporate the provisions of this Ordinance within the Avon
Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the
codifier, of any typographical error in the enacted regulations provided that such correction
shall not substantively change any provision of the regulations adopted in this Ordinance, such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
SECTION 5. SEVERABILITY. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such 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
declared to be severable. The Town Council hereby declares that it would have passed this
Ordinance and each provision thereof, even though any one of the provisions might be declared
unconstitutional or invalid. As used in this Section, the term "provision" means and includes
any part, division, subdivision, section, subsection, sentence, clause or phrase; the term
Page 2 of 4
Ordinance No. 09 -09 Declaring Waste Light a Nuisance 4 -21 -09 ejh
"application" means and includes an application of an ordinance or any part thereof, whether
considered or construed alone or together with another ordinance or ordinances, or part thereof,
of the Town.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect seven days after public
notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
SECTION 7. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to
the proper legislative object sought to be obtained.
SECTION 8. NO EXISTING VIOLATION AFFECTED. Nothing in this Ordinance shall be
construed to release, extinguish, alter, modify, or change in whole or in part any penalty,
liability or right or affect any audit, suit or proceeding pending in any court, or any rights
acquired, or liability incurred, or any cause or causes of action acquired or existing which may
have been incurred or obtained under any ordinance or provision hereby repealed or amended
by this Ordinance. Any such ordinance or provision thereof so amended, repealed or
superseded by this Ordinance shall be treated and held as remaining in force for the purpose of
sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement
of such penalty, liability, or right and for the enforcement of such penalty, liability, or right and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered or made in such actions, suits or proceedings, or prosecutions imposing, inflicting or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings and
appeals pending before any court or administrative tribunal.
SECTION 9. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this
Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least
three public places within the Town and posting at the office of the Town Clerk, which notice
shall contain a statement that a copy of the ordinance in full is available for public inspection in
the office of the Town Clerk during normal business hours.
[remainder of page intentional left blank — signature page follows]
Page 3 of 4
Ordinance No. 09 -09 Declaring Waste Light a Nuisance 4 -21 -09 ejh
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on
the 12th day of May, 2009, at the Council Chambers of the Avon Municipal Building, located at
400 Benchmark Road, Avon, Colorado, on the 281h of April, 2009.
Ronald C. Wolfe, Mayor
Published by posting in at
Town Clerk at least seve
ATTEST: s
EN
C, RPQO.
att Kenny, To lerk
c places in Town and posting at the office of the
action by the Town Council.
PPROVED AS TO FORM:
Eric Heil, To Attorney
INTRODUCED�PYALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 12th day of May, 2009.
OA F4
Ronald C. Wolfe, Mayor
Published by posting by ti ix at least tfive
office of the Town Clerk. S E 1.
AT • COLOR 1
A M41
Patty envy, To Jerk
places in Town and posting by title at the
Page 4 of 4
Ordinance No. 09 -09 Declaring Waste Light a Nuisance 4 -21 -09 ejh
Memo
a of the VALLEY
C O L O R A D O
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Eric Heidemann, Assistant Town Manager - Community Development
Date: May 12th, 2009 Meeting
Re: Second Reading of Ordinance No: 09 -09, Series of 2009 — An
Ordinance Declaring Waste Light A Public Nuisance (Public Hearing)
Summary:
Attached to this memo is an ordinance being forwarded to you for review, discussion, and
approval on second reading that proposes amendments to Title 8 of the Avon Town
Municipal Code. This is a staff - initiated code amendment which declares waste light a public
nuisance by adopting a new Section 8.24.115 to Chapter 8.24 of the Code. The purpose of
this text amendment is to promote and protect the natural night sky as a valuable community
resource. The specific text amendment is organized and described as follows:
8.24.115 Waste light.
(a) Applicability: This section shall apply to any waste light (as defined in Section
8.24.115(b) below), glare (as defined in Section 15.30.020 of this Code), light
pollution (as defined in Section 15.30.020 of this Code), and light trespass (as
defined in Section 15.30.020 of this Code).
(b) Definition: "Waste light" means light emitted by any outdoor lighting fixture or
source that is not installed in conformance with the outdoor lighting standards
adopted by the Town of Avon and codified in Chapter 15.30 of the Avon Municipal
Code.
(c) Nuisance Declared: Waste light, glare, light pollution, and light trespass shall
be deemed a nuisance in violation of the provisions of this Chapter.
(d) Purpose: The purpose of this section is to promote and protect the Town's
character and to ensure that the Town residents and guests can enjoy the
qualities associated with it which includes the ability to view the stars against a
dark night sky.
(e) Abatement: Compliance with the outdoor lighting standards contained in
Chapter 15.30 of the Avon Municipal Code shall be deemed satisfactory
abatement of any light pollution.
This ordinance was referred to the Town Attorney for review and comment. The Town
Attorney has concluded that the ordinance, as presented, is satisfactory with respect to form
and content. At the April 28th, 2009 meeting, the Council unanimously approved this
ordinance on first reading.
Background:
In 2005, the Town Council enacted Chapter 15.30 of the Avon Municipal Code to establish
outdoor lighting standards to reduce offensive lighting sources and reduce light trespass
beyond property lines (see example below). The Outdoor Lighting Code was initiated
because the Town residents value the natural setting of Avon which includes the ability to
view the natural night sky not obscured by waste light. Furthermore, the Town Council
concluded that the preservation of the natural setting in Avon promotes the values of the
Avon community, enhances and protects property values, and promotes the attractiveness
of Avon for visitors in a highly competitive statewide, national and international resort market,
thereby promoting the local economy.
Light trespass from uncontrolled source Controlled source and good aiming prevent light trespass.
Recommendation:
Staff recommends that the Council deliberate on the proposed revisions to Chapter 8.24 as
described in the attached Ordinance, providing staff with any recommended changes. After
holding a public hearing for this Ordinance, staff recommends approval of Ordinance 09 -09
as presented.
Alternatives:
The following options are available for action on this ordinance:
- Approve on Second Reading.
- Deny on Second Reading.
- Table on Second Reading.
Proposed Motion:
"I move to approve Ordinance 09 -09 on Second Reading"
Ordinance No. 09 -09
Town Council May 12th, 2009 Regular Meeting
Town Manager Comments:
Attachments:
A: Ordinance 09 -09, Series of 2009
Ordinance No. 09 -09
Town Council May 12th, 2009 Regular Meeting
:J
l li=20-
HEART of the VALLEY
C O L 0 R A D 0
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Eric Heidemann, Assistant Town Manager - Community Development
Date: April 28th, 2009 Meeting
Re: Ordinance No: 09 -09, Series of 2009 — An Ordinance Declaring Waste
Light A Public Nuisance
Summary:
Attached to this memo is an ordinance being forwarded to you for review, discussion, and
approval on first reading that proposes amendments to Title 8 of the Avon Town Municipal
Code. This is a staff - initiated code amendment which declares waste light a public nuisance
by adopting a new Section 8.24.115 to Chapter 8.24 of the Code. The purpose of this text
amendment is to promote and protect the natural night sky as a valuable community
resource. The specific text amendment is organized and described as follows:
8.24.115 Waste light.
(a) Applicability: This section shall apply to any waste light (as defined in Section
8.24.115(b) below), glare (as defined in Section 15.30.020 of this Code), light
pollution (as defined in Section 15.30.020 of this Code), and light trespass (as
defined in Section 15.30.020 of this Code).
(b) Definition: "Waste light" means light emitted by any outdoor lighting fixture or
source that is not installed in conformance with the outdoor lighting standards
adopted by the Town of Avon and codified in Chapter 15.30 of the Avon Municipal
Code.
(c) Nuisance Declared: Waste light, glare, light pollution, and light trespass shall
be deemed a nuisance in violation of the provisions of this Chapter.
(d) Purpose: The purpose of this section is to promote and protect the Town's
character and to ensure that the Town residents and guests can enjoy the
qualities associated with it which includes the ability to view the stars against a
dark night sky.
(e) Abatement: Compliance with the outdoor lighting standards contained in
Chapter 15.30 of the Avon Municipal Code shall be deemed satisfactory
abatement of any light pollution.
This ordinance was referred to the Town Attorney for review and comment. The Town
Attorney has concluded that the ordinance, as presented, is satisfactory with respect to form
and content.
Background:
In 2005, the Town Council enacted Chapter 15.30 of the Avon Municipal Code to establish
outdoor lighting standards to reduce offensive lighting sources and reduce light trespass
beyond property lines (see example below). The Outdoor Lighting Code was initiated
because the Town residents value the natural setting of Avon which includes the ability to
view the natural night sky not obscured by waste light. Furthermore, the Town Council
concluded that the preservation of the natural setting in Avon promotes the values of the
Avon community, enhances and protects property values, and promotes the attractiveness
of Avon for visitors in a highly competitive statewide, national and international resort market,
thereby promoting the local economy.
Light trespass from uncontrolled source Controlled source and good aiming prevent light trespass.
Recommendation:
Staff recommends that the Council deliberate on the proposed revisions to Chapter 8.24 as
described in the attached Ordinance, providing staff with any recommended changes. The
public hearing for this Ordinance will be held on May 12, 2009.
Alternatives:
The following options are available for action on this ordinance:
- Approve on First Reading, setting the Second Reading and public hearing date to
May 12, 2009.
- Deny on First Reading.
- Table on First Reading.
Proposed Motion:
"I move to approve Ordinance 09 -09 on first reading, establishing May 12, 2009 as the
Public Hearing and Second Reading."
Ordinance No. 09 -09
Town Council April 28 `h, 2009 Regular Meeting
Town �Manager Comments:
14-111
Attachments:
A: Ordinance 09 -09, Series of 2009
Ordinance No. 09 -09
Town Council April 28th, 2009 Regular Meeting