DIVISION 9. LIGHT POLLUTION CODE*

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     *Note--Division 9, Sections 59.101--59.115, added by Ord. No. 6900 (N.S.), effective 1-18-85; amended by Ord. No. 7155 (N.S.), effective 7-17-86; amended by Ord. No. 9716 (N.S.), effective 6-10-05.

     Cross reference(s)--Lighting of parking area for teen-age dances, § 21.2309; street lights required, § 51.511.1.

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SEC. 59.101.     LEGISLATIVE INTENT.

     The intent of this Division is to minimize light pollution for the enjoyment and use of property and the night environment by the citizens of San Diego County and to protect the Palomar and Mount Laguna observatories from the effects of light pollution that have a detrimental effect on astronomical research by restricting the permitted use of outdoor light fixtures on private property.

(Amended by Ord. No. 9716 (N.S.), effective 6-10-05)

SEC. 59.102.     APPLICABILITY.

     All artificial outdoor light fixtures shall be installed in conformance with the provisions of this Division, the Building Code, the Electrical Code, and lighting requirements specified in Section 6324 (Lighting Permitted in Required Yards) and Section 6326 (Lighting not in Required Yards) of the Zoning Ordinance of the County of San Diego, along with any other related state and federal regulations such as California Title 24.

(Amended by Ord. No. 9716 (N.S.), effective 6-10-05)

SEC. 59.103.     APPROVED MATERIALS AND METHODS OF INSTALLATION.

     This Division is not intended to prevent the use of any design, material or method of installation not specifically proscribed by this Division, provided any such alternate has been approved. The Building Official may approve any such proposed alternate provided it:

     a.     Provides at least approximate equivalence to the applicable specific requirement of this Division; and

     b.     Is otherwise satisfactory and complies with the intent of this Division.

SEC. 59.104.     DEFINITIONS.

     a.     Outdoor light fixtures means outdoor artificial illuminating devices, outdoor fixtures, lamps and other similar devices, permanently installed or portable, used for flood lighting, general illumination or advertisement. Such devices shall include, but are not limited to, search, spot and floodlights for:

          1.     buildings and structures;

          2.     recreational facilities;

          3.     parking lots;

          4.     decorative landscape lighting;

          5.     billboards and other signs (advertising and other);

          6.     private street lighting;

          7.     private walkway lighting.

     b.     Class I lighting means all outdoor lighting including but not limited to outdoor sales or eating areas, assembly or repair areas, billboards and other signs, recreational facilities and other similar applications where color rendition is important.

     c.     Class II lighting means all outdoor lighting including but not limited to illumination for commercial, industrial and residential walkways, roadways and parking lots, equipment yards outdoor security and residential entrance lighting.

     d.     Class III lighting means any outdoor lighting used for decorative effects including, but not limited to, architectural illumination, flag and monument lighting and all landscape lighting such as illumination of trees and bushes.

     e.     Building Official for the purposes of this Division means the Director of Planning and Land Use or his designated representative(s).

     f.     Individual means any private individual, tenant, lessee, owner or any commercial entity including but not limited to companies, partnerships, joint ventures or corporations.

     g.     Installed means any installation of outdoor light fixtures after January 18, 1985. Projects with construction plans approved prior to January 18, 1985 are excluded from installation in compliance with this Division in the initial installation only.

     h.     Residential Entrance Light means a building mounted exterior lighting fixture as required by the California Electrical Code and/or California Building Code for outdoor entrances and exits with grade level access.  These fixtures shall be limited to no more than 2000 lumens per fixture.

     i.     Zone A means the circular area, fifteen (15) miles in radius centered on the center of Palomar Observatory and the circular area fifteen (15) miles in radius centered on the center of Mount Laguna Observatory.

     j.     Zone B means all areas within the territorial limits of the unincorporated portion of the County of San Diego and not included in the area defined as Zone A.

     k.     Fully shielded means a light fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a defusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer.  Any structural part of the light fixture providing this shielding must be permanently affixed.  Fixture shall be mounted such that no light is emitted above the horizontal plane.

     l.     Luminous tube lighting means gas-filled glass tubing which, when subjected to high voltage, becomes luminescent in a color characteristic of the particular gas used, e.g., neon, argon, etc.

(Amended by Ord. No. 8553 (N.S.), effective 8-10-95, operative 8-10-95; amended by Ord. No. 8962 (N.S.), effective 9-23-98; amended by Ord. No. 9716 (N.S.), effective 6-10-05)

SEC. 59.105.     REQUIREMENTS FOR LAMP SOURCE AND SHIELDING.

     The requirements for lamp source and shielding of light emissions for outdoor light fixtures shall be as set forth in the following table:

LAMP TYPE AND SHIELDING REQUIREMENTS PER FIXTURE

CLASS I-COLOR RENDITION IMPORTANT

CLASS II-PARKING LOTS, SECURITY, ETC.

CLASS III-DECORATIVE

(Amended by Ord. No. 9716 (N.S.), effective 6-10-05)

SEC. 59.106.     SUBMISSION OF PLANS AND EVIDENCE OF COMPLIANCE.

     The applicant for any permit required by the County of San Diego for work involving outdoor light fixtures (except as exempted in Section 59.108) shall submit (as part of the application for permit) evidence that the proposed work will comply with this Division. 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 location on the premises, and the type of outdoor light fixtures;

     c.     A description of the outdoor light fixtures including but not limited to manufacturer's catalog cuts, photometric study, and drawings.

     The above required plans and descriptions shall be sufficiently complete to enable the plans examiner to readily determine whether the work will comply with the requirements of this Division. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit further evidence of compliance enabling such determination.

(Amended by Ord. No. 9716 (N.S.), effective 6-10-05)

SEC. 59.107.     HOURS OF OPERATION.

a.     All Class I lighting shall be off between 11:00 p.m. and sunrise, except as follows:

     1.     On Premises advertising signs may be illuminated while the business facility is open to the public;

     2.     Billboards may remain lit until midnight;

     3.     Outside illumination of sales, commercial, assembly, repair, and industrial areas may be lit when such areas are actually in use.

     4.     Outdoor recreational facilities, public or private, may remain lit to complete a specific organized recreational event in progress and under illumination in conformance with this Division at 11:00 p.m.

     5.     Lighting exempted from this requirement under Section 59.108 or Section 59.109.

b.     Operation of searchlights for advertising purposes is prohibited between 11:00 p.m. and sunrise.

c.     All Class III lighting shall be off between 11:00 p.m. and sunrise.

(Subsection a amended by Ord. No. 7041 (N.S.), effective 11-1-85; Section amended by Ord. No. 9716 (N.S.), effective 6-10-05)

SEC. 59.108.     PERMANENT EXEMPTIONS AND SPECIAL REQUIREMENTS.

a.     PERMANENT EXEMPTIONS

     1.     Previously Existing Fixtures. All outdoor light fixtures existing and legally installed prior to January 18, 1985 are exempt from the requirements of this Division, except that:

          a.     When existing luminaires become inoperable, replacement in compliance with this Division is required;

          b.     This exemption shall cease to apply when the parcel is subject to a change in use.

     2.     Fossil Fuel Light. All outdoor light fixtures producing light directly by the combustion of fossil fuels (such as kerosene lanterns, gas lamps, etc.) are exempt from the requirements of this Division.

     3.     Federal and State Facilities. Outdoor light fixtures on, in or in connection with facilities and land owned or operated by the government of the United States of America or the State of California are exempt from the requirements of this Division. Voluntary compliance with the intent and provisions of this Division is encouraged.

     4.     Holiday Decorations. Lights used for holiday decorations are exempt from the requirements of this Division.

     5.     Flag Poles.  The illumination of the United States or California Flag and an associated flagpole are exempt from the requirements of this Division, provided that fixtures over 4050 lumens (per flag) shall be fully shielded.

b.     SPECIAL REQUIREMENTS

     1.     County Airports.  Outdoor lighting that is not regulated by state or federal agencies such as lighting for parking lots and outside buildings shall be low-pressure sodium.

     2.     Correctional Institutions.  Outdoor lighting that is not regulated by state or federal regulations such as lighting for parking lots shall be fully shielded.

(Amended by Ord. No. 9716 (N.S.), effective 6-10-05)

SEC. 59.109.     TEMPORARY EXEMPTIONS.

a.     Information Required. Any individual may submit a written request to the Building Official for a temporary exemption from the requirements of this Division. The fee for the temporary exemption shall be that fee prescribed in the Department of Planning and Land Use fee schedule (section 362 of the San Diego County Administrative Code) adopted by ordinance by the Board of Supervisors. The Request for Temporary Exemption shall contain the following information:

     1.     Name, address and telephone number of the applicant;

     2.     Location of the outdoor light fixtures for which the exemption is requested;

     3.     Specific exemption(s) requested;

     4.     Use of the outdoor light fixtures involved;

     5.     Duration of the requested exemption(s);

     6.     Type of outdoor light fixture to be used, including total lumen output, character of the shielding, if any;

     7.     Previous temporary exemptions, if any;

     8.     Such other data and information as may be required by the Building Official.

     The Building Official shall have five (5) business days from the date of receipt of the Request for Temporary Exemption to approve or disapprove the request. The applicant will be notified of the decision in writing.

b.     Duration of Approval. The exemption shall be valid for not more than thirty (30) consecutive days from the date of issuance of approval. Exemptions are renewable for a period of not more than thirty (30) consecutive days. Requests for renewal of a temporary exemption shall be processed in the same manner as the original request. No outdoor light fixtures shall be exempted from this Division for more than sixty (60) days during any twelve (12) month period.

c.     Disapproval and Appeal. If the Request for Temporary Exemption is disapproved by the Building Official, the applicant may appeal the decision to the Board of Supervisors. Appeals shall be submitted in writing within ten (10) working days from the date of notification of disapproval. The appeal fee shall be that fee prescribed in the Department of Planning and Land Use fee schedule.

(Amended by Ord. No. 8553 (N.S.), effective 8-10-95, operative 8-10-95; amended by Ord. No. 8962 (N.S.), effective 9-23-98; amended by Ord. No. 9716 (N.S.), effective 6-10-05)

SEC. 59.110.     VIOLATIONS AND PENALTIES.

     It shall be unlawful for any individual as defined in this Division to erect, construct, enlarge, alter, repair, move, improve or convert any lighting structure, or cause the same to be done, contrary to or in violation of any provision of this ordinance. Any individual violating any provision of this Division shall be deemed guilty of an infraction and/or misdemeanor as hereinafter specified. Each such individual shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued, or permitted.

     Any individual convicted of a violation of this code shall be punished by (1) an infraction offense and a fine not exceeding one hundred dollars ($100) for a first violation; (2) an infraction offense and a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance on the same site and perpetrated by the same owner and/or agent within one year. The third and any additional violations on the same site and perpetrated by the same owner and/or agent shall each constitute misdemeanor offense and shall be punishable by a fine not exceeding five hundred dollars ($500) or six months in jail or both. Payment of any penalty herein provided shall not relieve a person, firm or corporation from the responsibility of correcting the condition consisting of the violation.

(Amended by Ord. No. 7201 (N.S.), effective 10-16-86; amended by Ord. No. 9716 (N.S.), effective 6-10-05)

SEC. 59.111.     VIOLATIONS CONSTITUTE PUBLIC NUISANCE.

     Any lighting structure erected, constructed, enlarged, altered, repaired, moved, improved, or converted, contrary to the provisions of this Division shall be, and the same is hereby declared to be, unlawful and a public nuisance and subject to abatement in accordance with the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 (commencing with Section 16.201) of this Code or the County Counsel shall, upon order of the Board of Supervisors or Building Official, respectively, commence necessary proceedings for the abatement, removal and/or enjoinment of any such public nuisance in the manner provided by law. Any failure, refusal or neglect to obtain a permit as required by this Division shall be prima facie evidence of the fact that a public nuisance has been committed in connection with the erection, construction, enlargement, alteration, repair, movement, improvement, or conversion of a lighting structure erected, constructed, enlarged, altered, repaired, moved, improved, or converted contrary to the provisions of this Division.

(Amended by Ord. No. 7141 (N.S.), effective 6-26-86; amended by Ord. No. 9716 (N.S.), effective 6-10-05)

SEC. 59.112.     CITATION AUTHORITY.

     Pursuant to the provisions of California Penal Code Section 836.5, the Director of Planning and Land Use or specific individuals deputized by the Director, may arrest a person without a warrant whenever the Director or the authorized deputy has reasonable cause to believe that the person arrested has committed an infraction or misdemeanor which is a violation of an ordinance, code, or statute which he or she has the duty to enforce. An officer or employee making an arrest under the authority of this section shall follow the citation-release procedures prescribed by the California Penal Code, or such proceedings hereinafter enacted by the State of California. No agent or deputy shall exercise the power to issue citations authorized above unless such agent or deputy shall first have completed a course of training that meets the minimum standards prescribed by the Commission on Peace Officers Standards and Training as established in Section 832(a) of the Penal Code.

(Amended by Ord. No. 8553 (N.S.), effective 8-10-95, operative 8-10-95; amended by Ord. No. 8962 (N.S.), effective 9-23-98; amended by Ord. No. 9716 (N.S.), effective 6-10-05)

     State law reference(s)--Standards established, Penal Code, § 832(a); arrest without warrant, Penal Code, § 836.5.

SEC. 59.113.     SEVERABILITY.

     If any provision of this Division or the application thereof to any individual or circumstance is invalid, the invalidity shall not affect other provisions or applications of this Division which can be given effect without the invalid provision or application, and to this end the provisions of this Division are severable.

(Amended by Ord. No. 7155 (N.S.), effective 7-17-86; amended by Ord. No. 9716 (N.S.), effective 6-10-05)