HB4815 94TH GENERAL ASSEMBLY

LRB094 17805 LCT 53105 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4815

Introduced 01/18/06, by Rep. Rich Brauer

SYNOPSIS AS INTRODUCED:

New Act

Creates the Outdoor Lighting Control Act. Provides that no person may unreasonably place or operate a lighting unit in a manner that causes illumination or glare to be cast on the property of another person with the effect of reducing privacy, hindering sleep, or creating an unattractive appearance to the area without the permission of the owner, lessee, or lawful occupant of the property. Provides that a person convicted of light trespass commits a petty offense and is subject to a fine of $100 if the violation is not corrected within 10 days of the conviction. Provides that the Environmental Protection Agency may identify and designate, as dark areas, areas that are especially suitable for astronomical observations or which provide nocturnal benefits to flora and fauna due to their darkness; and shall submit a proposed plan to preserve areas designated as dark areas.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Outdoor Lighting Control Act.

Section 5. Definitions. In this Act:

"Direct light" means light emitting generally in a downward direction by a lamp, off a reflector or through a refractor of a lighting unit.

"Glare" means a direct light emitted by a lighting unit that causes reduced visibility of objects or momentary blindness.

"Lamp" means the component of a lighting unit that produces light.

"Light trespass" means light emitted by a lighting unit that shines beyond the boundaries of the property on which the lighting unit is located due to unreasonable placement or operation.

"Lighting unit" means a complete lighting unit, including a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.

Section 10. Light trespass.

(a) Unreasonable placement. No person may unreasonably place or operate a lighting unit in a manner that causes illumination or glare to be cast on the property of another person with the effect of reducing privacy, hindering sleep, or creating an unattractive appearance to the area without the permission of the owner, lessee, or lawful occupant of the property. The following factors shall be considered for purposes of determining whether the placement or operation of a lighting unit is reasonable:

(1) The extent to which the lighting unit furthers a lawful purpose.

(2) The severity of the effect upon the property of another.

(3) The general character and use of the properties.

(4) The extent to which reasonable mitigation measures are available.

(b) A person convicted of light trespass is guilty of a petty offense. The penalty is a fine of $100 if the violation is not corrected within 10 days of the conviction.

Section 15. Dark areas.

(a) Designation. The Environmental Protection Agency may identify and designate, as dark areas, areas of this State that are especially suitable for astronomical observations or that provide nocturnal benefits to flora and fauna due to their darkness.

(b) Proposed plan. The Environmental Protection Agency shall submit a proposed plan to preserve any areas designated as dark areas to the Governor and the General Assembly within 18 months of the designation of the area as a dark area.