RivCo supervisors to hear from public on ‘light trespass’ measure

Riverside County supervisors are expected next week to adopt an ordinance mandating fines as high as $500 for residents of unincorporated communities whose outdoor lights create a nuisance.

Residents of unincorporated communities in Riverside County could face fines as high as $500 if they have outdoor lights that create a nuisance, under a proposed ordinance that the Board of Supervisors is expected to adopt. (Credit: flowers.justin/Flickr)

Supervisor John Tavaglione introduced his proposed “light trespass” measure on Oct. 25. It will be the subject of a public hearing during the 1:30 p.m. session of the Board of Supervisors’ Tuesday meeting, after which the board will vote to ratify or reject the proposal.

All of the supervisors appeared receptive to it.

Tavaglione said last month the measure will provide the county with the necessary tools to “deal with individuals who want to harass neighbors through lighting, or who have lighting in place that impacts communities.”

The proposed ordinance would set penalties for property owners who allow their exterior “luminaires” to shine too brightly, infringing on neighbors’ lots. Tavaglione said excess lighting not only wastes resources but can also “jeopardize the health, safety and welfare” of those exposed.

Corona-area resident William Larsen inspired the supervisor to start researching a light trespass law more than a year ago when he presented pictures to the board demonstrating how a neighbor’s security lights were illuminating the second-floor of his home every night, all night.

“This glare lighting … has been keeping me awake,” Larsen told the board on Oct. 25. “I don’t have a problem with security lights, as long as they shield down. It’s a sorry state that we have to put some of these laws  into effect.”

Tavaglione said the last time the board addressed the issue was in 1988, but that was mainly to regulate light fixtures emitting rays that seriously disrupted star-gazing and research at the Palomar Observatory in northern San Diego County.

The proposed ordinance stipulates that all outdoor light fixtures “shall be located, adequately shielded and directed such that no direct light falls outside the parcel of origin, or onto the public right-of-way” and “shall not blink, flash or rotate.”

Exceptions would be made for street lights and lights utilized by public safety agencies, as well as lights used for public or private monuments and those activated for special occasions.

The ordinance would exempt “luminaires used for a holiday decoration, provided it is used for no more than 30 days in a 12-month period, and is off between the hours of 11 p.m. and sunrise.”

A complaint of light trespass would have to be filed with the sheriff’s or code enforcement departments, whose personnel would conduct a follow-up investigation to confirm a violation.

The first two violations in a six-month period would be classified as infractions. A third offense in a six-month period would be treated as a misdemeanor, according to Tavaglione.

The minimum fine for a first offense would be $100. The penalty for a second offense would be $250, and the penalty for three or more offenses would be $500 — with the possibility of up to six months in County Jail, the supervisor said.

Every night the trespass violation continues would constitute a separate offense.

 

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