Loading...
HomeMy WebLinkAboutORD 1988-122 1988-1992y.; , a:. COUNTY OF HAWAII _-XSTATE OF HAWAII Bill No. s9o ORDINANCE NO. 88 122 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 9, OF THE HAWAII COUNTY CODE 1983, RELATING TO OUTDOOR LIGHTING. BE IT ORDAINED BY THE COUNCIL GF THE CUUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to aid in the conservation of energy and to restrict the permitted use of outdoor light fixtures emitting undesirable light rays into the night sky which have a detrimental effect on astronomical research. SECTION 2. Chapter 14, article 9, of the Hawaii County Code 1983, is"hereby repealed. SECTION 3. Chapter 14 of the Hawaii County Code 1983 is hereby amended by adding a new article to be appropriately numbered and to read as follows: "Article Outdoor Lighting. Section 14- Applicability and scope of article. (a) This article shall apply to the installation of all outdoor lighting fixtures within the County of Hawaii. (b) The provisions of this article, including provisions for the imposition upon any person of the penalties by fine for any violation of this article, shall not be construed to exclude the operation of applicable State statutes or other County ordinances. In the case of conflict with other County ordinances,. the stricter ordinance shall apply. Section 14- Definitions. (a) As used in this article, unless the context clearly indicates otherwise: (1) 'Outdoor lighting fixture' means any outdoor artificial lighting device, fixture, lamp, or other similar device, permanently installed or portable, which is intended to provide illumination for either visibility or decorative effects. Such device shall include, but not be limited to, search, spot, and flood lighting used for: (A) buildings and structures; (B) recreational facilities; (C) parking lots; (D) landscape lighting; (E) business and advertising signs; (F) roadways; (G) walkways. (2) 'Class I lighting' means all outdoor lighting used for, but not limite6 to, outdoor sales and eating areas, assembly or repair areas, advertising or business signs, recreational facilities, and other similar applications in which color rendition is important. (3) 'Class II lighting' means all outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots, outdoor security, and other similar applications in which general illumination of the grounds is the primary concern. -2- (4 J• 'Class III lighting' means any outdoor lighting used for decorative effects. It includes, but is not limited to, waterfall and pond lighting and architectural highlighting for buildings and landscapes. (5) 'Building official,' for the purpose of this ordinance, means the chief engineer or his designated representative. . (6) 'Individual' means any private individual, governmental entity, tenant, lessee, owner, or any commercial entity including, but not limited to, companies, partnerships, joint ventures, or corporations. (7) 'Fully shielded' means that the outdoor lighting fixture is constructed so that all of the light emitted by the fixture is projected below the horizontal plane of the lowest point of the fixture. (8) 'Partially shielded' means that the outdoor lighting fixture is constructed so that at least ninety per cent of the light emitted by the fixture is projected below the horizontal plane of the lowest point of the fixture. Section 14- General Requirements. (a) Standard Source. Low pressure sodium lamps shall be the only light source permitted for all Class II type outdoor light fixtures. All other class types of outdoor light fixtures shall follow the requirements set forth in Table 14-A. -3- (b) Shielding. All outdoor lights shall be shielded pursuant to the requirements set forth in Table 14-A. (c) Hours of operation. All outdoor light fixtures shall be subject to the hours of operation as required by Table 14-A. (d) Mercury vapor lamps prohibited. Mercury vapor lamps shall not be used for any new outdoor lighting installations or for the replacement of any existing installation. All existing mercury vapor outdoor lighting fixtures shall be removed within ten years of the effective date of this article. Section 14- Exemptions. (a) Existing light fixtures. All outdoor light fixtures planned and approved by the County of Hawaii or existing and legally installed prior to September 1, 1988, are exempt from the installation and shielding requirements of this article, except that when existing outdoor light fixtures become inoperable, the outdoor light fixtures which replace them shall comply with the requirements of this article. (bj Fossil fuel light. All outdoor light fixtures producing light directly by the combustion of fossil fuels, such as kerosene and gasoline, shall be exempt front the requirements of this article. (c) Holiday decorative lighting. Low wattage fixtures used for holiday decorations shall be exempt from the requirements of this article. -4- (d) Residential incandescent illumination. Private residential incandescent light fixtures which are fully shielded or have a lumen output of less than eight thousand one hundred lumens for each acre of property that is intended to be illuminated shall be exempt from the requirements of this article. (e) Business signs. Outdoor advertising signs, if constructed of translucent material, and illuminated totally from within and colored with an opaque background using translucent letters or symbols, shall be exempt from the requirements of this article, except that the hours of operation shall be the same as those for Class I outdoor lighting. (f) Searchlights. Searchlights used for advertising purposes shall be exempt from the requirements of this article, except that the operation of such lights is limited to the hours of 6:00 p.m. to 10:00 p.m. (g) Emergency lighting. Emergency lighting required for public safety is exempt from the requirements of this article. Section 14- Submission of plans. All outdoor lighting fixtures shall be installed in conformance with the provisions of this article and those of the electrical code of the County of Hawaii as applicable and subject to the appropriate permit and inspection requirements thereof. The applicant for any permit required by the County of Hawaii for work involving non-exempt outdoor light fixtures shall submit to the building official proof that the proposed work will comply -5- with the article requirements. The submission shall contain, but not be limited to, the following: (a) The location of the site where the outdoor light fixtures will be installed; (b) Plans indicating the type(s) of outdoor light fixtures to be used and their location 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 building official to reaaily determine whether compliance with the requirements of this article will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices or fixtures proposed, the applicant shall be required to submit further proof of compliance. Furthermore, any design, material, or method of installation not specifically forbidden by this ordinance may be used, provided any such alternate has first been approved by the building official. The building official may approve any such proposed alternate provided: (a) It is at least approximately equivalent to the applicable specific requirements of this article; and (b) It is otherwise satisfactory and complies with the intent of this article. -6- Section 34- Penalty. Any person violating any provision of this article shall, upon conviction, be punished by a fine not to exceed $500. Such person shall be deemed guilty of a separate offense for each and every day any violation of this article is committed. Furthermore, payment of such a fine shall not relieve the individual from the responsibility of correcting the violative condition, nor shall it preclude the County from instituting any action for its removal. Class I Lamp Type Low pressure sodium Others above 4050 lumens Others below 4050 lumens Class II TABLE 14-A Shielding Requirement Partially shielded Fully shielded Fully shielded Operation Restrictions Low pressure sodium 90 watts or less None greater than 90 watts Partially shielded Others above 4050 lumens Others below 4050 lumens Class III None Off from 11 PM to sunrise* Off from 11 PM to sunrise* None None Prohibited Prohibited Low pressure sodium Fully shielded None Others above 4050 lumens Prohibited Others below 4050 lumens Fully shielded Off from 11 PM to sunrise* Neon None Off from 11 PM to sunrise* *these lights may remain on after 11 PM if bona fide business or recreational activities are taking place." SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, -7- such invalidity shall not affect other provisions or applications of the 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. SECTION 5. This ordinance shall take effect upon its approval. - INTRODUCED BY: ~~~~~~ a~ COUNCIL MEMBER, COUN~Y Hilo, Hawaii Date of Introduction: July 20, 1988 Date of 1st Reading: July 20, 1988 Date of 2nd Reading: August 3, 1988 Effective Date: August 17, 1988 -8-