HomeMy WebLinkAboutOrdinance No. 2013-1990
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2013-1990
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AAMENDING THE CODE OF ORDINANCES BY
ADDING A NEW CHAPTER 6, ARTICLE IX, SECTION 6-196,
ENTITLED "LIGHTING AND GLARE STANDARDS," ESTABLISHING
LIGHTING AND GLARE STANDARDS FOR THE CITY OF THE
COLONY, TEXAS; PROVIDING EXCEPTIONS TO THE LIGHTING
AND GLARE STANDARDS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A
FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR
EACH AND EVERY OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to amend the current Chapter 6, Article IX, by
adding a new Section 6-196 to regulate lighting and glare standards within the City of The Colony,
Texas.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and
the same is, hereby amended by adding a new section 6-196, to Chapter 6, Article IX, entitled
"Lighting and Glare Standards," which shall read as follows:
"Sec. 6-196. Lighting and Glare Standards.
(a) In getaeral. Standards for controlling lighting and glare are set forth to reduce the
annoyance and inconvenience to property owners and traffic hazards to motorists. These
standards are intended to allow reasonable enjoyment of adjacent and nearby property
by their owners and occupants.
(b) Definitions. For the ptn-poscs of this Section, the following definition is applicable:
(1) Direct Lighting means light emitted directly from a lamp, or luminaire.
(c) Residential Lighting and Glare Standards. Residential lighting for security and night
recreation use is permitted in all residential districts provided the following requirements
are met:
(1) Lighting from one residence to another shall not shine directly into any dwelling
beyond the property line.
(d) Exceptions and Exemptions. The following are exceptions to this Section:
(1) Lighting installed by a governmental agency for public benefit on public rights-
of-way, parks, and public recreation areas.
(2) Navigation and airport lighting required by the FAA for operation of airplanes.
(3) Emergency lighting by police, fire and/or other municipal, state or federal
government authorities.
(4) The City Council may approve exceptions to this Ordinance for private
recreational uses such as ball fields and golf courses if this exception will have
minimal impact if any on the surrounding land uses, and no adverse impact on
the public health, safety, and general welfare."
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this ordinance; and the City Council hereby declares it would have
passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby amended, repealed,
and all other provisions of the Ordinances of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 5. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the stun of Five
Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 6. This Ordinance shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY TH CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS day ofd-A-, , 2013.
F _
J'oe MCCo ry, Mayor
ATTEST:
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Christie Wilson, City Secretary
APPROVED AS TO FORM:
Jeff Moore, ' ity Attorney
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