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Kennedale council debates outdoor-lighting rules and enforcement: staff to define 'light trespass' for next meeting

Kennedale City Council · October 15, 2024
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Summary

Council reviewed proposed nuisance-ordinance changes to address outdoor lighting and seasonal decorations, discussed measurement, enforcement and appeals, and asked staff to draft clear definitions and exceptions for the next meeting.

Council extensively discussed proposed updates to the city’s nuisance ordinance to add regulations addressing outdoor lighting, lighting trespass and seasonal/holiday decorations. Staff outlined two specific draft changes: an exemption for racetracks/speedways and a provision that would subject seasonal lighting to the regular lighting rules if three or more neighbors within 200 feet complain.

Planning staff (Mr. Gonzales) recommended splitting technical development standards (photometric plans, lumens, shielding) into the city’s UDC and defining a clear nuisance—"light trespass"—in the nuisance chapter so enforcement and appeals are unambiguous. He said, "If outdoor lighting, lighting trespass, spillage... is something that the council wants to, define as a nuisance, I recommend that you put that within the nuisance ordinance, define that, and then you put the act of... no person shall XYZ." Staff suggested using pictures and examples in the UDC to help developers and residents understand acceptable fixtures and shielding.

Councilmembers asked about measurement tools (foot-candle meters), enforcement capacity, appeal venues and possible penalties. Staff said the city does not currently own a meter but could procure one and that nuisance fines generally cannot exceed $2,000 per day per violation. Members debated whether exceptions (sports fields, car lots, farms, security lighting) should be handled by a citizen board (Board of Adjustment) or through staff and recommended aligning any time-based limits with existing noise ordinance curfews. The council agreed staff should draft a definition for "light trespass," propose enforceable caveats for seasonal decorations (for example, cutoff times or lumen thresholds), and return with proposed language at the next meeting for formal consideration.

No ordinance vote occurred; the item was discussion-only and staff will return with draft definitions and recommended draft ordinance changes for council action.