Dark Skies

Ordinance 2010-03
Town of Amnicon, Douglas County, State of Wisconsin
Lighting- Dark Skies Ordinance

A. Purpose
The Amnicon Town Board recognizes that the lighting can often unintentionally intrude on other’s rights to enjoy the beauty, peace and tranquility of their property and detract from the town’s Northwood’s character. The purpose of this ordinance is to balance the need for safety and security with the desire to eliminate glare and light trespass and to preserve the economic value and enjoyment of the night sky.

B. Authority

The ordinance is enacted pursuant to the provisions Section 60.22(3). 60.23(29) and Ch. 61 of the Wisconsin Statues.

C. General Requirements

All exterior lighting shall be shaded in such a manner that the illumination is directed down and controlled in such a way as to minimize the glare and light trespass onto neighboring properties, roadways, water bodies and the overhead sky.
1. Commercial Property
a) Lighting for all commercial industrial, agriculture, recreational and multi unit housing developments shall b controlled in such a way as to not shine on or illuminate neighboring properties or roadways.
b) Lighting on or designed to illuminate berthing areas and/or shorelines shall be shielded in such a way as to prevent direct visibility of the light on public waters or adjacent lands more than 50 feet beyond the berthing structure.
c) Flashing or rotating exterior lighting is prohibited.
d) Signs, Lighting directed toward sighs shall be directed in such a manner that the direct light is not visible from any point, except the sign itself.
2. Residential Property
a) Spot, flood and pole, tree or building mounted lights such as those installed by power companies or otherwise shall be controlled in such a way as to not shine on or illuminate neighboring properties or roadways.
b) Lighting on or designed to illuminate berthing areas and/or shorelines shall be shielded in such a way as to prevent direct visibility of the light on public waters or adjacent lands more than 50 feet beyond the berthing structure.
c) Flashing or rotating exterior lighting is prohibited.

D. Exemptions
1. Any and all lighting shall be exempted as long as it doesn’t shine on or illuminate neighboring properties or on water bodies, roadways or shine up into the sky.
2. Holiday Lighting and decorations shall be exempted.
3. Flags and /or Erected Flag Poles: Upward lighting of flags and/or flag poles are allowed as long as the flag is a United States flag and/or Wisconsin State flag with no more than a 100 watt bulb.
E. Compliance
1. Whenever a nonconforming fixture or light bulb is replaced or moved, the replacement shall meet the requirements under this ordnance. All nonconforming fixtures shall be brought into compliance at that time.
2. Lighting otherwise prohibited may be authorized by the Town Board after public hearing if there are special circumstances relating to essential safety, maintenance or security concerns.
F. Violation, Legal Actions and Penalties
1. The Amnicon Town Board shall enforce the lighting ordinance. The Amnicon Town Board shall make ruling as to the compliance in questionable or disputed situation after a public hearing.
2. Violations and Notice: If any provisions of the ordinance are being violated, written notice of such violation shall be issued to the owner and/or to the occupant of such premises, indicate the nature of the violation and demanding the violation is abated. Appeals may be taken by filing written notice with the Town Clerk with in thirty (30) days after receipt of such notice. Appeals shall be placed on the agenda by the clerk at the next Town Board meeting.
3. Legal Actions: If the violation is not abated or appealed within the thirty (30) day period, actions may be instituted to abate any violations of this ordinance and to collect the penalties for such violations.
4. Penalties: A violation of this ordinance, or any provisions thereof, shall be punishable by civil penalty of $25.00 for each day of the violation after the expiration of the thirty (30) day period, plus court costs and/or any other legal expenses incurred by the Town of Amnicon.

G. Severability and Liability

Should any section, clause, provision or portion of this ordinance be adjudged unconstitutional or invalid by the court of competent jurisdiction, the reminder of this ordinance shall not be affected thereby.

Adopted the 8th Day of July, 2010
Posted July 12, 2010

Published __________________

____________________________________Arthur E Amys, Town Chairman

Attest:__________________________________Patti Barsness, Town Clerk