12 Amendment/Nuisance Light
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13 OF THE
CITY CODE CONCERNING NUISANCES
mE 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 ftom 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.
(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
detennined under subsection 24( c) of this Section is declared a nuisance.
c. Nuisance Determined
(i) Light trespass shall be considered a nuisance when measurement in the nearest
habitable area of the residential property at the location where the alleged nuisance occurs
reveals that such light produces 0.2 horizontal foot candles or more at approximately 4 feet
ITom the ground or floor surface.
(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
in the nearest habitable areas of the residential property at the location where the alleged
nuisance occurs and of such intensity as to cause discomfort or annoyance.
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(iii) Intermittent light shall be considered a nuisance when it impacts upon a habitable area
of the residential property at the location where the alleged nuisance occurs with such
intensity and variance as to cause discomfort or annoyance.
d. Production of Light Nuisance Prohibited No artificial light source shall be instaIIed,
allowed to be instaIIed or pennitted 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 II :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
City ofChanhassen.
day of
, 2000, by the City Council of the
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CITY OF CHANHASSEN
By:
Nancy K. Mancino, Mayor
ATTEST:
Scott A. Botcher, City Manager
(Published in the Chanhassen Villager on
, 2000).
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