O776 Light TrepassORDINANCE NO.776
AN ORDINANCE AMENDING` CHAPTER 15, "NUISANCES," OF THE
KENNEDALE CITY CODE, BY ADDING A NEW SECTION VII, "LIGHT
TRESPASS," ESTABLISHING DEFINTIONS, STANDARDS, AND
EXEMPTIONS OF LIGHT TRESPASS WITHIN THE CITY OF
KENNEDALE, BEING; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING A
SEVERABILYPY CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas (the "City"), is a home rule city acting under
its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution
and Chapter 9 of the Local Government; and
WHEREAS, the City has previously adopted regulations regarding nuisances; and
WHEREAS, the City believes it is in the best interest of the citizens to shield outdoor
lighting from properties where such lighting was not installed or requested; and
WHEREAS, the City Council has hereby determined it advisable and in the public interest
to amend the Kennedale City Code as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS, THAT:
SECTION 1.
The findings above are found to be true and correct, and are incorporated herein.
SECTION 2.
Chapter 15, "Nuisances," of the Kennedale City Code is hereby amended by adding a new
Article VII, "Light Trespass," to read as follows:
"ARTICLE VII. - LIGHT TRESPASS.
Sec.15.180. — Definitions.
The following words and terms when used in this article shall have the meanings
respectively ascribed to them in this section.
Adequately shielded means shielding of an outdoor luminaire by opaque components or
materials, such that light rays are limited to the parcel of origin and the light source is not visible
from another property or the public right-of-way.
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Director means the director of community development or his/her designee.
Light source means an electrical bulb, tube, diode, or other device that produces artificial
light or illumination.
Light trespass means light emitted from luminaires designed or installed in a manner that
causes light to fall on a property other than the one where the light is installed, on the public right-
of-way, in a motor vehicle drivers' eyes, or upwards toward the sky. The presence of light trespass
shall be determined in accordance with Section 15-184.
Luminaire means a complete lighting unit consisting of one or more light sources (light
bulbs), the lamp holder, any reflector or lens, and any other components or accessories.
Outdoor Luminaire means outdoor luminaires, whether permanent or portable, including
general light fixtures, searchlights, spotlights, and floodlights; and the light cast by such fixtures.
Person means any individual, fine, partnership, trustee, agent, association, corporation,
company, governmental agency, club, or organization of any kind.
See.15.181. - Outdoor lighting standard.
All outdoor luminaires shall be located, adequately shielded, and directed such that no light
shines beyond the boundaries of the property on which the luminaire is located and onto another
property or the public right-of-way.
Sec. 15.182. — Exemptions.
The following outdoor luminaires shall be exempt from the provisions of this article when
properly installed:
(1) Luminaires used or otherwise required by law enforcement or other emergency
personnel.
(2) Luminaires used to illuminate publicly -owned property, including but not limited
to, parks, recreation areas, schools, streets, street signs and sidewalks.
(3) Luminaires used to illuminate authorized public and private monuments.
(4) Luminaires authorized by a provision of state or federal law so long as that lighting
conforms to the requirements of the state or federal law.
(5) Luminaires used for temporary holiday decoration not to exceed forty-five (45)
days prior to a holiday and no more than fourteen (14) days after the holiday, and
not exceeding half foot (1/2') candles measured at an abutting property line or right-
of-way.
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(6) Luminaires used for special events such as festivals, fairs, holiday celebrations,
concerts, or sporting events that are either sponsored by the City or have received
authorization from the City.
(7) Luminaires producing light directly by the combustion of fossil fuels (such as
kerosene lanterns and gas lamps).
(8) Neon luminaires.
Sec. 15.183. - Complaint procedure.
Upon the written complaint setting forth the particulars concerning any lighting situation
that is alleged to be in violation of this article, it shall be the responsibility of the director to
investigate the basis of the complaint, and if there is found to be sufficient cause for said complaint
which constitutes a light trespass to the adjoining or neighboring properties or the public right-of-
way, and determine whether a violation of this article did or does occur.
Sec. 15.184. - Light trespass.
Any use of luminaries shall be operated so as not to produce glare or direct illumination
across the bounding property line from a visible source of illumination of such intensity as to create
a nuisance or detract from the use or enjoyment of adjacent property. All outside lights shall be
made up of a light source and reflector so selected that acting together, the light beam is controlled
and not directed across any bounding property line above a height of three (3) feet. The allowable
maximum intensity measured at the property line abutting a residential use shall be half foot (1/2')
candles.
Sec.15.185. - Security lighting.
Security lighting triggered by motion or noise shall be allowed subject to all of the
provisions of this article.
Sec. 15.186. - Non -conforming outdoor luminaires.
Outdoor luminaires existing on the effective date of this article that do not meet the
requirements as set forth herein shall be brought into compliance or removed as follows:
(1) within one (1) month of the effective date of this Article, where redirection of the
light fixture is feasible and will bring the light fixture into compliance; or
(2) within three (3) months of the effective date of this article, in all other cases.
Sec. 15.187. - Compliance methods.
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Outdoor luminaires not meeting the outdoor lighting standard of section 15.181 of this
article shall be brought into compliance in any of the following ways:
(1) redirection of the luminaire;
(2) shielding of the light source;
(3) redesign or relocation of the luminaire;
(4) replacement of the luminaire with a conforming luminaire; or
(5) removal of the luminaire.
Sec.15.188. — Enforcement.
The Director shall have the primary responsibility for enforcing this article.
Sec. 15.189. — Violation.
It shall be unlawful for any person or entity owning or having supervision or control
(including building contractors) of any lot, tract, parcel of land or portion thereof, occupied or
unoccupied, improved or unimproved, within the corporate limits of the City to permit any outdoor
luminaires in violation of this article to remain upon any such lot, tract or parcel of land.
Secs. 16.190-16.200. - Reserved."
SECTION 3.
This Ordinance shall be cumulative of all provisions of all ordinances and the Kennedale
City Code, as amended, except where the provisions of this Ordinance are in direct conflict with
the provisions of such ordinances or such Code, in which event the conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION 4.
All rights or remedies of the City of Kennedale, Texas, are expressly saved as to any and
all violations of the Kennedale City Code, or any other ordinances affecting the matters regulated
herein that have accrued at the time of the effective date of this Ordinance and as to such accrued
violations and all pending litigation, both civil and criminal, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
It is hereby declared to be the intention of the City Council of the City of Kennedale that
the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if
City of Kennedale Ordinmoe 776 Page 4
any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, or sections of this Ordinance, since the same would have been enacted by the City
Council without the incorporation in this Ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph, or section.
SECTION 6.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists enforcement of any of the provisions of this Ordinance shall be fined
in accordance with Section 1-6 of the Kennedale City Code. Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 7.
The City Secretary of the City of Kennedale is hereby directed to publish the caption and
penalty clause of this Ordinance as required by state law.
SECTION 8.
This Ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL 9V THE CITY OF
KENNEDALE, TEXAS, THIS THE ON THIS DAY OF ,
2024.
MAYOR, BRAD HORTON
•rnrn
FORM AND LEGALITY:
CITY ATTORNEY, CARVAN E. ADKINS
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