Outdoor lighting ordinance in dispute

Action regarding an outdoor lighting ordinance was moved to a future Bandera City Council meeting because no action could be taken at Dec. 21’s meeting due to an error in agenda wording.

Councilwoman Lynn Palmer said she asked for the item to be placed on the agenda because the 2018 ordinance will start to be enforced with fines on businesses and residents on Feb. 6, 2023.

Mayor Rebeca Gibson apologized for the agenda’s error.

According to Article 3.07, outdoor lighting is temporary or permanent lighting installed, located or used in a manner causing light rays to shine outdoors. Non-residential fixtures installed indoors that cause light to shine outside are considered outdoor lighting under this article. Residential fixtures installed indoors causing light to shine outside are also considered outdoor lighting.

The ordinance further states all other nonconforming existing outdoor lighting on property used for residential purposes, not otherwise in compliance, shall be brought into compliance with this article within five years from the date of this article. Violation of the ordinance carries a fine of $500 a day up to $1,000. Each day against the ordinance constitutes a separate offense and violation.

Palmer said she is concerned residents and businesses will begin to be cited without knowing the ordinance is going into effect.

“The city should not be governing how people light their homes. We should be representing them, not burdening them,” said Palmer.

Russe referenced the definition of outdoor lighting outlined in the ordinance and questioned how much light determines too much light from inside a home.

Next, Gibson asked Cliff Kaplan of Hill Country Alliance to provide a short presentation on night sky policy.

Palmer spoke up and indicated the discussion was not about night skies, not outdoor lighting. Russe objected and concurred the topic was off agenda.

Gibson responded it was absolutely related. Gibson asked Kaplan to proceed and was interrupted when Palmer said, “I can enjoy my night sky when I turn off my lights. It’s dark.”

Gibson asked for direction from City Attorney Dan Santee how to proceed in this matter of conflict.

“Council does have a right to make a motion on this,” said Santee.

Russe motioned to skip the night sky portion and go directly to discussing the outdoor lighting ordinance per the agenda. Palmer seconded the motion. The vote to eliminate the night sky presentation won by a majority of 3-2.

Gibson directed the council back to discussion of the ordinance.

“So, Jerry wants to discuss the outdoor lighting definition and the exposed indoor lighting that shines outside. I’ll make note of that. Is there a recommendation to not include that in the residential section?” asked Gibson.

Councilman Tony Battle said the ordinance should be completely looked at and rewritten, as the current ordinance will cause an inappropriate hardship to residents.

Palmer stated, “Let’s end this workshop. I’d like to go ahead and repeal this ordinance, but I can’t make a motion in a workshop. This just needs to go away. That’s what I’ve heard from my constituents.”

City Attorney Santee told the council they could amend the ordinance or abate enforcement of it and prepare something to replace it.

Gibson stated, “Years of work went into this ahead of adopting this ordinance. I’m in agreement that the ordinance can use some work. But I think to take away the spirit of the intent altogether is a disservice to the work and to the city.”

“The spirit is dark skies, and Bandera is not a designated Dark Skies community,” said Palmer.

Gibson said, “We are going to move on, but the way you shut down our guest who came to share insight and information…” “We don’t need to be scolded,” said Russe.

Battle added, “Everyone is making valid points. This is an ordinance that’s a little overzealous, right? We should probably abate enforcement of that and that needs to happen. We all want to enjoy the night sky. But was the county ever brought into this discussion? I don’t think that the county is respecting [dark skies]. We have no control over what they do.”

Battle and the rest of the council agreed the matter needed to be put on their next meeting agenda.