Englewood has many excellent ordinances. Unfortunately, many homeowners are not aware of their existence. We are publishing the Exterior Illumination Ordinance in this issue. In the next issue we will publish the Tree Ordinance.
We have seen a few homeowners illuminate their property with over 35 foot high lighting fixtures. Some backyards are as brightly lit as Tavern on the Green. This is in clear violation of the ordinance. Numerous members of the EHOA have complained that their neighbor’s lighting trespasses property borders and illuminates their property as well. In some cases the fixtures are installed over 14 feet tall, and in others the lighting exceeds the 100-watt maximum specified in the ordinance. Everyone should be sensitive to the glare that their property lighting may produce on their neighbor’s windows.
The EHOA encourages homeowners to let us know if any outdoor lighting is a detriment to their quality of life. (Be aware that lighting installed before 1981 is not covered by the ordinance.) The City has the obligation to follow a process and notify the homeowner who is in violation of this ordinance by mail and if the owner refuses to bring the lighting to code, the city has no choice but to fine the homeowner and ultimately to go to court to bring the lighting into compliance with the ordinance. Beneficial uses may be exempt.
CITY OF ENGLEWOOD
ORDINANCE NO. 81-33
An ordinance amending
Chapter 15 of the Revised General Ordinances of the City of Englewood relating
to lighting. Be it ordained by the
council of the City of Englewood: Section
1, Chapter 15 of the Revised General Ordinances of the City of Englewood
entitled “Miscellaneous Offenses” is hereby amended and supplemented by the
addition thereto of Article 12 to read in full as follows:
Article
12 - Lighting
15-46 Prohibitions.
No person owning or
occupying any building or property within the City shall maintain or construct,
or suffer or permit the maintenance or construction, of any artificial lighting
upon any such building or property in such a manner as to produce glare at
the exterior lot lines of the premises or be a nuisance or an annoyance to
neighboring properties. Specifically,
but not by way of limitations. The
following acts are hereby declared to constitute nuisances and annoyances and
are hereby prohibited:
The
positioning of a flood light or spot light so as to directly illuminate a
neighboring building or premises.
The
permitting of any light source to illuminate in excess of one half-foot candle
beyond the exterior of lot lines of the premises.
The
maintenance or construction of any exterior light fixture within property used
for residential purposes in excess of fourteen feet above ground level or
within property used for commercial, industrial or public facility purposes in
excess of eighteen feet above ground level.
The
maintenance or construction of any light source in excess of 100 watts unless
shielded from the sight of neighboring properties.
15-49.
Enforcement
The provisions of this
article shall be enforced by the Chief inspector of the City of Englewood in accordance
with the applicable procedures set forth in the Property Maintenance code of
the City of Englewood found in Chapter 13, Article 1, sub article 14 of the
Revised General Ordinances.
Section 2. All ordinances or parts thereof inconsistent
herewith are hereby repealed to the extent of such inconsistency.
Section 3. If any section, sentence, clause or other
portion of this ordinance or the application thereof to any person or
circumstance shall for any reason be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or repeat the remainder
of this ordinance.
Section 4. This ordinance shall take affect immediately
upon passage and publication as required by law.
This law has been in effect since 1981.
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