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Bound Brook council debates residential lighting ordinance, pauses to rewrite enforcement language

Bound Brook Borough Council · September 10, 2024
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Summary

Council members and residents debated a proposed change to property-maintenance rules that would require directional (downward) fixtures to remain on past 10 p.m.; concerns about enforcement, safety and potential neighbor-to-neighbor harassment prompted the council to table the draft for rewording.

A proposed Bound Brook ordinance that would restrict certain outdoor floodlights and require directional fixtures after 10 p.m. drew lengthy public comment and council debate before the measure was set aside for revision.

The sponsor summarized the draft as a way to balance residents’ ability to illuminate their property with neighbors’ right to not have light shine into their yards. "The ordinance says that if you have a certain type of fixture, you can have your light on past 10:00," the sponsor said, urging an objective, fixture-based standard rather than subjective nuisance enforcement.

Residents and business owners urged clarity on who would enforce the rule and whether the change could inadvertently create safety problems. One resident who described using security lights said, "I've discussed this with every single one of my neighbors… The concern I have is who’s going to be enforcing this at night." Another commenter warned the measure could give "chronic complainers" a new tool to harass neighbors.

Council members discussed two main approaches: a fixture-based rule (directional or shielded fixtures may remain on) and an illumination-based standard (which would require light meters and expert testimony to enforce). Several members said illumination standards would be difficult and costly to enforce and could put the borough in the position of requiring expert evidence in court. Advocates of the fixture approach said it creates an objective test: either the fixture is shielded/directional, or it must be off after the hour.

Lawmakers also stressed safety concerns — council members did not want to create an ordinance that could inadvertently reduce necessary security or pathway lighting. The council liaison noted existing site-plan illumination rules for new construction and said the draft attempts to give a comparable, enforceable standard for existing residences.

After extended discussion, multiple council members recommended redrafting the ordinance to clarify enforcement steps, the exact fixture definitions and exemptions for security lighting. The council made and seconded a motion to pause further action and return the measure for rewording and additional public input.

The council did not adopt the lighting ordinance at the meeting; members asked staff to prepare revised language for consideration at a future session.