This chapter is intended to promote the preservation of dark skies over the City of Emmett and to protect the view of the night sky for the enjoyment of the citizens of the City of Emmett.

(Ord. No. O2011-6, 8-23-2011)

A.

This chapter applies to all outdoor lighting within the City of Emmett unless otherwise exempted in this section.

B.

This chapter does not apply to emergency lighting.

C.

This chapter does not apply to temporary lighting.

D.

This chapter does not apply to vehicular lighting.

E.

This chapter does not apply to lighting on wheeled farm machines.

(Ord. No. O2011-6, 8-23-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dark sky cutoff fixture means any light fixture that emits its light below 45 degrees when measured from zero to 180 degrees vertical. Dark sky cutoff fixtures keep most of their light from reaching the night sky and also minimize ground reflection and reduce light scatter beyond the property line.

Dark sky fixture means any light fixture that emits its light below 90 degrees when measured from zero to 180 degrees vertical. Dark sky fixtures keep most of their light from reaching the night sky.

Dark sky shade means anything that is used to shade a light fixture so that it behaves as a dark sky fixture. These include, but are not limited to, for example, fixtures outfitted with caps or housings or installed under canopies, building overhangs, roof eaves or shaded by other structures, objects or devices.

Dark sky shield means anything that is used to shield a light fixture so that it behaves as a dark sky cutoff fixture. These include, but are not limited to, for example, fixtures outfitted with caps or housings or installed under canopies, building overhangs, roof eaves or shielded by other structures, objects or devices.

Emergency refers to lighting as required by civil officers, agents and officials to perform their duties to maintain the public health, safety and welfare.

Glare means lighting entering the eye directly from luminaries or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.

Light fixture means any device intended to produce illumination.

Motion sensor means any device that turns a light fixture on when it detects motion and off when motion stops.

Photocell refers to an automatic means of turning lights on at dusk and off in daylight.

Switch means any device that can be manually controlled by a person to turn a light fixture on and off. For the purpose of this chapter, switches include motion sensors but switches do not include light sensors or timers.

Temporary refers to lighting as required by citizens to carry out legally approved activities for durations not to exceed a period of three months without an exemption granted by the City of Emmett. These include, but are not limited to, for example, activities such as nighttime agricultural operations, construction work lighting, and seasonal decorations.

Timers means an electric mechanical device to turn on lights at a predetermined time and off at a predetermined time.

(Ord. No. O2011-6, 8-23-2011)

Nondark sky fixtures are prohibited in the City of Emmett unless the fixtures are permitted by this chapter.

(Ord. No. O2011-6, 8-23-2011)

A.

All light fixtures that were installed prior to the effective date hereof are grandfathered, approved, and permitted by this chapter.

B.

All light fixtures that are dark sky fixtures and dark sky cutoff fixtures are approved and permitted by this chapter.

C.

All light fixtures that have a dark sky shade or a dark sky shield are approved and permitted by this chapter.

D.

All light fixtures that were installed prior to the effective date hereof this may be repaired instead of being replaced at the owner's discretion.

1.

If repaired, the city recommends the following standards be used in order to accomplish the purpose of this chapter:

a.

Light fixtures with motion sensors are encouraged to minimize the duration of nighttime lighting.

b.

Light fixtures with soft yellow or orange lights instead of harsh white lights are encouraged to protect the view of the night sky.

c.

Dark sky shades and dark sky shields are encouraged for old existing fixtures to protect the view of the night sky, minimize ground reflection and reduce light scatter beyond the property line.

d.

Dark sky cutoff fixtures are encouraged where light fixtures are mounted on structures or poles higher than the first level above ground level to protect the view of the night sky, minimize ground reflection and reduce light scatter beyond the property line.

(Ord. No. O2011-6, 8-23-2011)

A.

When a new light fixture is installed, it shall be installed with one of the following:

1.

Dark sky fixture; or

2.

Dark sky cutoff fixture; or

3.

Nondark sky fixture that has a dark sky shade or a dark sky shield that causes it to operate as if it were a dark sky fixture or a dark sky cutoff fixture.

(Ord. No. O2011-6, 8-23-2011)

A.

The City of Emmett Zoning Commission may allow exemptions from this chapter as needed to relieve any unusual circumstances or difficulties that would be encountered if an attempt were made to comply with this chapter.

B.

The City of Emmett Zoning Commission may allow exemptions from this chapter to recognize that a good faith attempt has been made to comply with this chapter but compliance is still not possible due to unusual circumstances or difficulties encountered.

C.

Lights for a specific purpose and time duration that do not fit the classification of temporary, event (i.e., holiday, recreational, etc.) or seasonal lighting and the purpose served cannot be accommodated with a dark sky fixture shade or shield.

(Ord. No. O2011-6, 8-23-2011)

A person utilizing or maintaining an outdoor light shall be responsible for all costs and any other liability resulting from failure to comply with this chapter. Responsibility for costs and liability begins from and after the day after passage and publication of this chapter as required by law.

A.

The city building inspector or code enforcement officer is authorized to enforce the provisions of this chapter.

B.

The city building inspector shall review all plans which shall include types of fixtures, switches, timers, photocells, and motion sensors.

C.

The Emmett Building Department does not review or approve any plans for electrical code compliance as adopted by the State of Idaho.

D.

The city attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this chapter. Penalties for failure to comply with or violations of the provisions of this chapter shall be as follows:

Violations of any of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this chapter or of the Idaho Code. Failure to comply with or violations of the provisions of this chapter may result in penalties imposed to the extent of a maximum fine of $300.00 and/or six months' imprisonment.

(Ord. No. O2011-6, 8-23-2011)

The City of Emmett does not, by approving or disapproving a lighting fixture, warranty or make assurance of any kind whatsoever, specifically as to whether the subject of the approval or disapproval is safe, suitable for its intended purpose, merchantable, or in compliance with any applicable codes or regulations.

(Ord. No. O2011-6, 8-23-2011)