Outdoor Lighting Control Ordinance Number xx-xx-xx
for the City of Las Cruces, New Mexico

1.0 Purpose:

The purpose of this ordinance is to regulate the installation and use of outdoor night lighting fixtures in the City of Las Cruces. Some outdoor lighting is essential for public safety, however, careless use of outdoor night lighting generates unnecessary contention between citizens, prevents full enjoyment of property and destroys the beautiful night skies of New Mexico. Glaring outdoor lights are a hazard to traffic and interfere with area safety. Glare does not enhance area security, it only interferes with neighborhood safety by blinding resident and/or security patrol views of homes and businesses, thereby enabling intruders to operate unobserved.

2.0 Applicability:

2.1 The provisions of this ordinance shall apply to all outdoor lighting within the City of Las Cruces regardless of its use or purpose.

2.2 Existing outdoor lighting fixtures that are non-conforming but were legally installed prior to the effective date of this ordinance are excluded for the duration of their useful lives. However, the owners and operators of such currently installed lighting are encouraged to shield and/or adjust their lighting to eliminate glare and prevent light trespass.

2.3 Outdoor lighting installations shall comply with all applicable safety and electrical codes of the City , State and Federal Governments.

2.4 All city facilities shall comply with this ordinance.

2.5 All other governmental agencies, federal, state or county - including their security facilities, which operate within the city limits of Las Cruces should experience no difficulty meeting the requirements of this ordinance and are encouraged to comply with its provisions.

3.0 Exemptions:

3.1 Incandescent fixtures with a total of 100 watts or less per fixture.

3.2 Fossil fuel light sources.

3.3 Emergency lighting utilized during natural or man made disasters but only for the duration of the emergency.

3.4 Temporary lights for special events are excluded, provided the period of the event does not exceed 3 consecutive nights, a special use permit for the event has been obtained and they are extinguished by 11:00 P.M.

3.5 Low pressure glass tubes filled with neon, argon or krypton gas.

3.6 Outdoor advertising signs constructed of translucent material provided they are wholly illuminated from within.

4.0 Compliance:

4.1 General provisions:

4.1.1 Compliance shall require a combination of shielded lighting fixtures, appropriate fixture placement and fixture aiming such that illumination falls only upon areas where lighting is required. Light trespass beyond property boundaries or above the horizontal plane shall be considered non-compliant.

4.1.2 Outdoor lighting which is aimed downward, along the edge or towards the interior of property will normally be compliant provided that light trespass does not occur. Fixture positioning and/or shields must limit the light rays to at least fifteen degrees below the horizontal plane and contain all direct illumination within the boundaries of the owner's property.

4.2 Light Sources:

4.2.1 This ordinance does not prescribe any specific light source provided the principles of fixture shielding and light containment are complied with.

4.2.2 No new unshielded outdoor lighting fixtures shall be installed six months after the date of this ordinance. No replacement equipment, other than bulbs, for non-conforming fixtures shall be sold in the City after January 1, 1999.

4.2.3 Building mounted, wall mounted and freestanding exterior lighting shall be directed down and shielded away from adjacent properties and streets.

4.3 Lights used to Advertise or Attract Attention:

4.3.1 Glare from business lighting is occasionally used to attract attention or for advertisement purposes. Such intentional or inadvertent light uses are prohibited.

4.3.2 Advertising signs, bill boards or building surfaces used for advertisement must be illuminated in accordance with City Ordinance xx-xx-xx which controls signage. All light aimed at a sign shall be captured by the sign. Glare or light emission beyond the sign edges or towards the sky is not permitted.

4.3.3 Lasers or searchlights aimed above the horizon or at the sky for personal celebrations, sales events, product introductions or to highlight public events are prohibited.

4.4 Sports Facilities, Parking Lots and other Large Outdoor Facilities:

4.4.1 Existing sports facilities and other large outdoor facilities shall acquire and install shields designed to eliminate glare and light spillage beyond their borders. All light fixtures shall be adjusted and shielded such that all light rays are projected at least fifteen degrees below the horizonal plane.

4.4.2 Lighting shall be limited to those periods when field or area lighting is actually required. No outdoor recreational facility, whether public or private, shall be illuminated between the hours of 11 P.M. and sunrise. The only exception would be to conclude an event that was in progress prior to 11 P.M. and requires a minimum of time to complete.

4.4.3 All new installations, modernization, or replacement fixtures shall employ properly shielded field lighting fixtures.

5.0 Violations and Penalties:

5.1 The provisions of this Outdoor Lighting Control Ordinance are cumulative and supplemental. If any County, State or Federal law, act, ordinance or resolution is adopted with provisions restricting light trespass that are more stringent than those outlined in this ordinance, the more stringent provisions shall apply.

5.2 Any individual, firm or corporation violating the provisions of the Outdoor Lighting Control Ordinance will be guilty of a Class 1 misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

5.3 The violator shall be deemed guilty of a separate offense for each and every day during which a violation of any of the provisions of this Ordinance is committed, permitted or allowed to continue.

6.0 Definitions:

6.1 "Light Pollution" is any artificial emission of light which causes a detrimental effect on the environment, glare or undesirable illumination of adjacent properties.

6.2 "Shielded" shall mean a fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected at least fifteen degrees below a horizonal plane running through the lowest point on the fixture where light is emitted.

6.3 "Outdoor Lighting Fixture" shall mean any form of artificial illuminating device, whether permanent or portable, used for illumination or advertisement, to include searchlights, spotlights or floodlights whether for parking lot lighting, landscape lighting, billboards, sports facility, architectural or street lighting.

6.4 "Light Trespass" shall mean any undesired illumination that falls on adjacent property interfering with the rights of the adjacent property owner to peaceful and full enjoyment of their property.