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Ord 2522 - Light Trespass Amendment to Nuisance OrdinanceCOUNCIL BILL NO. 2969 ORDINANCE NO. 2522 AN ORDINANCE AMENDING ORDINANCE 2338 (THE NUISANCE ORDINANCE) TO ADD A NEW SECTION REGULATING LIGHT TRESPASS IN RESIDENTIALLY - ZONED AREAS WHEREAS, from time to time and as needed, the City Council reviews and amends Ordinances based on their relevancy, compliance with state and federal laws and to address the changing needs of the community; and WHEREAS, the City Council has been routinely updating the City's Ordinances as part of the Ordinance Review/Revision Project over the past year; and WHEREAS, lighting that is directed at neighboring residential property can create adverse impacts and it is not recognized as a nuisance under Ordinance 2338 (the Nuisance Ordinance); and WHEREAS, the City Council is seeking a way to promote the use of outdoor lighting that will enhance the livability of our community and minimize the impacts of exterior lighting on surrounding properties; and WHEREAS, certain Oregon communities have amended their nuisance ordinances to address lighting; and WHEREAS, the City Council wants to amend the Nuisance Ordinance in order to address outdoor lighting; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Ordinance 2338 (the Nuisance Ordinance) is amended to add a new section, Section 5A, that shall read as follows: Section 5A. Liaht Trespass. A. All outdoor lights that trespass onto lots with a dwelling shall be turned off between the hours of 9:00 p.m. and 7:00 a.m. For purposes of this section, "trespass" means light that falls beyond the property line of the property Page- 1 - Council Bill No. 2969 Ordinance No. 2522 it is intended to illuminate. Trespass shall be confirmed if a light fixture is visible when evaluated from a point six feet above ground elevation at an adjacent property line. "Light fixture" means the socket or similar component that holds the bulb or lamp in place, the bulb itself, and any covering around the bulb or lamp that allows light to pass through. This restriction shall not apply to: 1. Lights mounted on a dwelling or accessory building at its main entries, rear entries, side doors, walkways or paths; 2. Light emanating from a property that has a commercial zoning designation; 3. Lighting used for safety or security purposes that is mounted on a dwelling or accessory building; 4. Public street lighting; and 5. Temporary holiday lighting; B. Light trespass is a Class 3 civil infraction. Approved as to form: �'M/� �Q City Attorney Dat / ,v Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the91A, Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page- 2 - Council Bill No. 2969 Ordinance No. 2522 Figley, WWII • 1, ldI "LLA_' •