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Home My WebLink AboutORD 1974-038BILL NO. 28 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO, 38 AN ORDINANCE RELATING TO OUTDOOR LIGHTING IN THE COUNTY OF HAWAII. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 3 (Regulations Promoting the General Welfare), Hawaii County Code, as amended, is hereby amended further by adding a new Article 12 entitled, "Outdoor Light Fixtures," to read as follows: "SEC. 1. DEFINITIONS A. OUTDOOR LIGHT FIXTURES shall include but are not limited to lighting for bill boards, street lights, shopping center parking area lights, externally or internally illuminated on-site or business advertising signs and area -type lighting. B. INDIVIDUAL shall mean any private individual, tenant, lessee, or owner; any commercial entity including but not limited to companies, partnerships, joint ventures or corporations; or any branch of the federal, state, or county governments, including but not limited to their respective departments, agencies, and commissions. C. INSTALLED shall mean the initial installation of outdoor light fixtures as defined herein made subsequent to the enactment of this ordinance and shall not pertain or apply to those outdoor light fixtures existing at the time of the enactment of this ordinance. SEC. 2. GENERAL REQUIREMENTS SEC. 2.01 SHIELDING. All outdoor lighting, installed on or after ninety (90) days from the enactment 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. SEC. 2.02 FILTRATION. All outdoor lights installed on or after ninety (90) days from the enactment of this ordinance having more than fifteen per cent of the total emergent flux lying in the spectral region below forty-four hundred (4400) angstrom units shall be filtered with a filter whose transmission is less than ten per cent at any wave length less than forty-four hundred (4400) angstroms. This includes, but is not limited to, mercury vapor and fluorescent -type lamps. SEC. 3 PROHIBITIONS SEC. 3.01 SEARCHLIGHTS. The operation of search- lights for advertising purposes within the city limits is prohibited between 11:00 o'clock p.m, and sunrise. SEC. 3.02 PUBLIC RECREATIONAL ILLUMINATION. No outdoor public recreational facility shall be illuminated after 11:00 p.m., which would normally be expected to cease by 11:00 p.m., unless a specific recreational activity is already in progress. Security lights are excepted. SEC. 3.03 OUTSIDE BUILDING ILLUMINATION. The outside illumination for aesthetic purposes of any -2- building, public or private, by flood light projected above the horizontal is prohibited between 11:00 o'clock p.m. and sunrise. SEC. 3.04 ADVERTISING SIGNS. The illumination of outdoor signs which, by special design consideration, require flood lighting projected above the horizontal is prohibited between 11:00 o'clock p.m. and sunrise. SEC. 4. EXEMPTIONS SEC. 4.01 Any individual as defined herein may submit a written request to the Chief Engineer for a temporary exemption to the requirements of this ordinance. The request for the exemption shall contain as a minimum the following listed information: A. Type and use of outdoor light involved. B. Specific exemption requested. C. Physical size of outdoor light. D. Type of illumination. E. Total wattage of lamp or lamps. F. Proposed location of outdoor light. G. Duration of use of outdoor light. In addition to the above data, the Chief Engineer may request any additional information which would enable him to make a reasonable evaluation of the request for exemption. SEC. 4.02 The Chief Engineer shall have five days from the receipt of the request for exemption in which to reject in writing the request. If rejected, the -3- individual making the request shall have the right of appeal to the Board of Appeals for review of the decision of the Chief Engineer. SEC. 5 EXCLUSIONS SEC. 5.01 Outdoor lighting of all types within the County of Hawaii existing prior to the enactment of this ordinance. SEC. 5.02 Private residential incandescent outdoor illumination. SEC. 5.03 Light produced directly by the combustion of natural gas or other fuels. SEC. 5.04 Outdoor on-site or business advertising signs in which light is produced by glass tubing filled with neon, argon and/or krypton. SEC. 5.05 Outdoor on-site or business advertising signs of the type constructed of translucent materials and wholly illuminated from within which are in compliance with Sec. 2.02. SEC. 5.06 Outdoor advertising illumination subject to the provisions of Sec. 3.04. SEC. 5.07 Public recreational lighting subject to the provisions of Sec. 3.02. SEC. 5.08 Outdoor building illumination subject to the provisions of Sec. 2.02. SEC. 5.09 Fluorescent -type lamps having not more than twenty per cent (20%) of the total emergent flux lying in the spectral region below four thousand nine hundred (4,900) angstrom units. -4- SEC. 6 CONFLICT WITH OTHER ORDINANCES Where a provision of the Hawaii County Code, as amended, :Hawaii Revised Statutes, or the United States Code requires for the purposes of health, welfare or public safety a lighting requirement contra to the provision of this ordinance, said provision shall prevail over any or all requirements of this ordinance. where the conflict is solely technical, this ordinance shall prevail." SECTION 2. This ordinance shall take effect upon its approval. INTRODUCED BY: ;OUN�L,' OUN OF HAWAII Hilo, Hawaii Date of Introduction: March 20, 1974 Date of Adoption: June 5, 1974 Date Effective: June 18, 1974 -5- Mayor SY 0 y p/ C� Tadashi Suzuki COUNTY CLERK ... wf F OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII HILO, HAWAII 96720 Mayor i3ruce McCal]. County of Hawaii Hilov Hawaii Robert Shioji DEPUTY COUNTY CLERK I hereby transmit Ordinance Bill No. 28 passed by the County Council on second and final reading. Enc 1. COUNTY CLERK Dated: June/6, 1974 / L6Z-« pf E" C Bill No.28 of Hawaii_-- Reference: C- P -S M.B. -No. Ord. No. _ I)�7 B;11 W,. ?:< -- l976 .AiN 01kriTNANCE RE, , 'TTV', TO PUTT)POP I TCHT `.NC TN THE. CC I TNTY 01, 1 A 1•!p T] 'beet '3) TltiW11 rcl;,tq, to in t,h( Cci'rtN� of th�' Bill; in full, are on fill' in tli- Offic, Of tTw o,mtv C3c Y�,- fm- ij';e f)r�l .IVPRI)in'-'tinn by t})c p"b, 1c. T 11r_-()I7v .:I� -I f- r h, 4 np n3 F,� e�l 1 11 T'l f III- 107!�2 vc .'"it' n, \VF nlic, T I ? '-p +41Vr�,,t*d, Yada, anil Ch- i rm%111 Yir%-,,Aq N(lK". Nfm.' 3 6w Was T7, "Is OF TN .CO OF l HAWAII; SECTION 1. C"PW 3 4R$9ul$N pr,M,qMg the General Wafforel, Ifly"ll County Code, &a anneposs, 11 hardly acneryded further by mixing a now Article 12 tod-floo, �'000xw Light FOurft," M read M follows: -,SEC. 1. DEFINITIONS A. 'OUTDOOR LIGHT FIXTURES scall imlimse but we rat AmRN to lighting for bill Merits, street lights, "Mine C ter pNNMI area It 15. externally or intern My ImlmMe am. site or aufinew Adveltlakq 11 and arma4m 119hiling, but hot limilaid nershipolOintinsh Or Any branch of county govorhits, imilind M their Fly agencies, and COM C. INSTALLED installation 0 &A defined heroin M wwmmt N. *it not Wtain Or A, light flew" exit enactment of Me, SEC. 2. GENERI SEC. caft Smile lighting, installed - days from, the meet Mail m,tlhlNded fl inever Met Me W9 level with 0, bakwo all,le. SEC. 2.02 FILTI lights hemalee On Or from the M"fto .having ChOr. than I total wineigant flux 'realm below fares ."from.on", all filter whose we" m =74 !9 CIO". but to parlik "Fog", 4, a" usom I I r I 040r Ify: whod 1, go �j sin of obadmo Abomination. I wattage 0 lamp or, .1yed location of Aid flum 0 use at asitilsor, It ft me wadi dam, V4 : ask ties a of V l� ge h fit I'My 0 " EX 1,I)SIONS '.0 SEC. SEC M Ouhi Hohnno 01 0 withinII within county d maggau in by 16 In. ctinent Of this ordil .211 and IALil"i lit w IM Na 1. UNTY (I i I' K lING COUNTY OF HAWATT id. Ser . .04 SEC. 541 lipwip,ri to waidect I'aw SEC. 5.011 he me provisi 5.09 FlyRr b= want mare mo WANCOS A sHwislonto the Howell Costly T amended, Hawaii Revised , M United Stator Code No the pWiMR, at With, or pyMIjC adflet, a lighting this Co. Sao pirsivision Rho" provall only, do " '"'HWnbefts of MIS " . Who, "he emfflict is W" 1, this Wdi�40 21141111 provall." K rown too~ liom'04'"tm cged, at manvoll Data U:r1dV'0dt AIR"'"A *0 for" $01, we Copies ar millers, We and etgiRlflgNon,aY the Pybi AFFIDAVIT OF PUBLICATION State of Hawaii ) ) SS: County of Hawaii ) LEILANI K. R. HIGAKI duly sworn, deposes and says: 1. That she is the ASSISTANT OFFICE MANAGER newspaper published in the City State of Hawaii. 2. That the" being first HAWAII TRIBUNE -HERALD, LTD. "r HILO of a of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date(s) 19 (etc.). Subscribed and sworn to before me this day of_ ,19, Notary PuMiic, Third Circuit, State of Hawaii My commission expires_ JAN 1 -3 1977 OFFICE INVORMATION ONLY NIceli,g: May 15, =_974 Action: Defer to next meoting. Rc: Bill 28 AN ORDINANCE Date Date ORDINANCE NO, 38 (81'1.1 No, 28-1974) RELATING TO OUTDOOR APProvPd: Effective Off Copies of Of the June S, 1974 June 18, 1974 the foregoing Count,, Clerk hereby certify final reading at by the following the aye AYES NOES: LIGHTING IN THE COUNTY OF HAWAII, Ordinance in full, are on file for use and examinatiin the on b y the public, that the foregoing Ordj.nance meeting of the County Council second and Passed and no vote: 1 on June �, Councilmen Car P 1974, Kawahara, r1atayoshl, y e Luz, Farias, Fujii H. None. NAWA11. Dna 1 I ClM,Itl" Hft ,yr..:.... orawr , In rk far 10 "d 4 1974, by Ch1 C."row mel Maa111q 97iba I AYO'O: �N 41% ,J �laa, COMCI �dM W,. ' aYaMl, T'^�'T a Luz' 9, Ybp. nye — a, Noes: Nqy. -' 40a COY=SkllCC6{1,N2yg1 MMMJ111 hnd! 21]�ball IWwO INrUp: and Chairman Y lsaoka Yam ;d - 9, �f COUNTY CLERK COUNTY OF HAWAII