02-18 - Amend 1306.311 regarding Light Trespass

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Placed on first reading and referred to the Housing Committee 1/2/18, 2nd reading 1/16/18. Referred back to Council 7/23/18 by Housing Committee. Substitute adopted by Council & referred to Planning Commission & ARB 9/4/18. Received & filed by PC 10/4/18. Received & filed by ARB 10/11/18. Deferred 11/5/18. New substitute recommended for adoption by Housing Committee 3/25/19. Please substitute for the original. Anderson, Bullock, George, Litten, O'Leary, O "Malley, Rader ORDINANCE NO. 2-18 BY: AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, enacting Section 13 06.311, Outdoor Lighting, of the Codified Ordinances of the City of Lakewood in order to create regulations prohibiting outdoor light nuisances and for the installation of new lighting fixtures. WHEREAS, Lakewood properties are unique in that residential and commercial uses often abut each other; and WHEREAS, commercial properties can sometimes create light nuisances on abutting residential, commercial or mixed use properties; and WHEREAS, this Council has determined that these outdoor lighting provisions shall be established in the Code as a matter of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that construction season is upon us and these regulations should be applied to all new lighting installations immediately; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 1306.311, Outdoor Lighting, shall be enacted to read as follows: 1306.311 OUTDOOR LIGHTING. (a) Definitions. As used herein: (1) "Area light" means lighting fixture intended to illuminate a significant parking or pedestrian area, such as a parking lot or walkway.