Town of West Seneca, NY

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[HISTORY: Adopted by the Town Board of the Town of West Seneca 8-4-1986. Amendments noted where applicable.]

§ 79-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
GLARE -- Any artificial light which shines with a strong, steady or dazzling light.
LAND -- Comprising not only buildings but the ground, soil or earth as commonly understood.
STRUCTURE -- A dwelling, barn, pole or elevated object or a building or other structured improvement on any premises of such physical size as to be capable of having attached thereto or incorporated thereon, on the exterior, artificial lighting by means of electrical, gas or other luminescent fixtures.

§ 79-2. Light sources facing neighboring property.
A. No artificial lighting shall shine directly upon any neighboring residential property or be so established that it shall shine directly upon any residential property or shall shine directly on or into any room or rooms, porches or patios of any residential property, nor shall any artificial lighting be maintained or operated from any structure or land in such a manner as to be a nuisance or an annoyance to neighboring residential properties or as to interfere with the physical comfort of the occupants of residential properties.
B. Lights directly facing a neighboring residential property or located in close proximity shall be shielded to keep direct glare from said property.
C. No sources of light shall be maintained or operated in connection with any building or land in any manner or by any process or method which transmits an objectionable glare on residential property.
D. In no instance will any glare be permitted if such glare originates from a light source facing any dwelling unit.
E. The light intensity from illumination of any kind, abutting residential property, shall not exceed seven thousand (7,000) lumens.

§ 79-3. Nonconforming lights.
A. Any existing lights which do not conform to the regulations herein established shall be considered a nonconforming light.
B. All nonconforming lights shall be discontinued within thirty (30) days from the effective date of this chapter, and their continued use shall be subject to the regulations of this chapter.

§ 79-4. Legislative authority.
This chapter is enacted pursuant to the authority given any municipality of this state to enact ordinances which the governing body deems necessary and proper for the good government, order or protection of persons and property and for the preservation of the public health, safety and welfare of the Town of West Seneca and its inhabitants.

§ 79-5. Penalties for offenses.
Any person or persons responsible for such nuisance or annoying lighting as described hereinbefore, whether owner, lessee or lessees or others using any premises with or without the permission of the owner, violating any of the provisions of this chapter shall, upon conviction thereof, a complaint having been made, be subject to a fine not exceeding two hundred fifty dollars ($250.) or to imprisonment for a term not exceeding fifteen (15) days, or to both fine and imprisonment, in the discretion of the court. Each day a particular violation shall continue to constitute a separate offense.

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