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Ordinance 308• CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.308 AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE CONCERNING NUISANCES THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. Section 13-3 of the Chanhassen City Code is amended by adding a new subsection (24) to read as follows: (24) Nuisance Light on Residential Properties. a. Definitions. In this section: (i) "Direct Glare " means an excessive brightness contrast producing a Isensation of visual discomfort resulting from insufficiently shielded light source in the field of view. (ii) "Intermittent Light means any artificial light which flashes, revolves or fluctuates • in such a manner that the variance is easily distinguished by personal observation. (iii) "Light Source " means a device (such as a lamp) which provides visible energy. (N) "Light Trespass" means light emitted that is visible beyond the boundaries of the property on which the light source is located. (v) "Person " means an individual, firm, partnership, trustee, agent, association, corporation, company, governmental agency, club or organization of any kind. b. Direct Glare and Light Trespass Declared a Nuisance. Glare, light trespass and intermittent artificial light impacting on residential properties between the hours of 11:00 p.m. and 7:00 a.m., which cause loss of enjoyment; comfort or repose, and use of such properties as determined under subsection 24(c) of this Section is declared a nuisance. C. Nuisance Determined. (i) Light trespass shall be considered a nuisance when light produces 0.2 horizontal foot candles or more at approximately 4 feet from the ground or floor surface on other residential property at the property line. (ii) Direct glare shall be considered a nuisance when an artificial light source has not been properly located, shielded, directed or controlled, and as a result there is a direct line of • sight between the light source or its reflection and a point 5 feet above the ground or higher at the property line of other residential property if such intensity causes discomfort or annoyance. 85217.02 1 RNK:r07/25/00 • n (iii) Intermittent light shall be considered a nuisance when it impacts upon a habitable area of other residential property with such intensity and variance as to cause discomfort or annoyance. d. Production of Light Nuisance Prohibited. No artificial light source shall. be installed, allowed to be installed or permitted on any property which light sources is an intermittent light source, or due to its intensity or physical characteristics, causes direct glare or trespasses onto a residential property in such a manner as to cause a nuisance during the hours of 11:00 p.m. through 7:00 a.m. e. Responsibility. It shall be the responsibility of every installer of artificial lights and every owner or occupant of property on which artificial lights are installed to comply with subsection 24(d) of this Section. f. Exemptions. The provisions of subsections 24(d) and (e) of this Section shall not apply where: (i) Such lights are caused to be installed by the federal, state or local government or agency, to light public ways or areas for public benefit; or (ii) Such lights are required by law for safety reasons and there is no practical way to control them to eliminate the nuisance. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 24`h day of July, 2000, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN By. Nancy . Mancino, Mayor ATTEST. Scott A. Botcher, City Aanager (Published in the Chanhassen Villager on August 3, 2000). 85217.02 RNK:r07/25/00 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA - ORDINANCE NO. 308 AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE CONCERNING NUISANCES THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. Section 13-3 of the Chanhassen City Code is amended by adding a new subsection (24) to read as follows: (24) Nuisance Light on Residential Properties. a. Definitions. In this section: (i) "Direct Glare" means an excessive brightness -contrast producing a, sensation of visual discomfort resulting from in=fflciently shielded 4#ft scwr the field of vow. .. 00 j i Ai"meaw*y artificial light which flashes, revolves Or flummsinumbamawdwthevatimice is easily distinguished by personal observation. (iii) "Light Source' means a device (such as a lamp) which provides visible energy. (iv) "Light Trespass" means light emitted that is visible beyond the boundaries of the property on which the light source is located. (v) "Person" means an individual, firm, partnership, trustee, agent, association, corporation, company, governmental agency, club or organization of any kind.- b. Direct Glare and Light Trespass Declared a Nuisance. Glare, light trespass and intermittent artificial light impacting on residential properties between the hours of 11:00 p.m. and 7:00 a.m., which cause loss of enjoyment, comfort or repose, and use of such properties as determined under subsection 24(c) of this Section is declared a nuisance. C. Nuisance Determined. (i) Light trespass shall be considered a nuisance when light produces 0.2 horizontal foot candles or more at approximately 4 feet from the ground or floor surface on other residential property at the property line. (ii) Direct glareshall be considered a-rniisane��he�r-ai�artfficralrl'�"�i�, has not been properly -located, shielded, directed or controlled, and as a result there is a direct line of sight between the light source or its reflection and a point 5 feet above the ground or higher at the property line of other residential property if such intensity causes discomfort or annoyance. (iii) Intermittent light shall be considered a nuisance when it impacts upon a habitable area of other residential property with such intensity and variance as to'cause discomfort & annoyance. d. Production of Light Nuisance Prohibited. No artificial light source shall be installed, allowed to be installed or permitted on any property which light sources is an inter nittent light source, or due to its intensity or physical characteristics, causes direct glare or trespasses onto a residential property in such a manner as to cause a nuisance during the hours of 11:00 p.m. through 7:00 a.m. e. Responsibility. It shall be the responsibility of every installer of artificial lights and every owner or occupant of property on which artificial lights are Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind a ize of type used in the composition and publication of the Notice: �, abcdefghijklmnopgrs Subscribed and sworn before me on RATE INFO F Lowest classified rate paid by commercial users fo Maximum rate allowed by law for the above matt( Rate actually charged for the above matter............ Bit: tan Rblisrud, Oneral Manager or his designated agent NCITArPs f1v1JNNES0TAJ t L3;)I, 2 0 0 5 installed to comply with subsection 24(d) of this Section. f. Exemptions. The provisions of subsections 24(d) and (e) of this Section shall not apply where: (i) Such lights are caused to be installed by the federal, state or local government or agency, to light public ways or areas for public benefit; or h 00 Such lights are h required by law for safety reasons and there is no practical. way to control them h to eliminate the nuisance. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 2411 day of July, 2000, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN By: Nancy K. Mancino, Mayor ATTEST: Scott A. Botcher, City Manager (Published in the Chanhassen Villager on Thursday, August 3, 2000; No. 4355)