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Highlands Today

County Commissioners Looking Into Regulating Lighting

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By JIM KONKOLY

Highlands Today

Published: March 11, 2009

SEBRING - Homeowners who complain that a neighbor's night lighting floods into their yard and destroys their enjoyment of their property now have no recourse.

But that could change.

The Highlands County commissioners voted unanimously Tuesday to have a draft ordinance drawn up to regulate lighting.

Commissioner Don Bates brought up the issue. He said he hopes that, following public hearings, a proposed ordinance can be brought before the county commission in three months.

"I want to get something started, so we can have something on the books when people put up lights that are offensive to neighbors," Bates said.

"Light pollution is real, there's no doubt about it," said Commissioner Guy Maxcy.

"It's something worthy of going forward on and looking at," he added.

Because many people think they're under too many government regulations already, Commissioner Edgar Stokes said, "I would say we need to move with caution."

Commissioner Jeff Carlson said he agrees with Stokes, but he wants local, legal protection of a person's right "for peaceful enjoyment of your own property."

Requiring shields and other measures to keep bright lighting out of a neighboring property "is no different than saying you shouldn't have to put up with loud, offensive music blaring into your yard late at night," he said.

As the county's rural areas develop, Bates said, there will be more disputes between neighbors over lighting, and not all of them will be over "stargazing."

Two avid stargazers, Al and Kye Ewing, told the commissioners they moved from West Palm Beach to a 10-acre lot in the Venus area eight years ago for the dark night skies that allow them to pursue their interest in astronomy.

Two years ago, though, Kye said, a neighbor moved in who runs bright, glaring, dusk-to-dawn lighting that spills over onto their property. The neighbor's lights not only keep them from looking at the heavens with their telescopes, but also from instructing youth groups in astronomy, she said.

Bates said he tried to intervene and found that Glades Electric has methods to shield and redirect the neighbor's lighting so that it doesn't affect his neighbors. But, he said, the neighbor refuses to consider the matter.

A lighting ordinance is needed not just to resolve the Ewings' problem, but to handle many similar situations throughout the county, Bates said.

Al Ewing said safety isn't sacrificed when a county regulates lights so that a person can illuminate whatever he wants on his property while keeping the beams off an adjoining property.

Communities in Arizona, New Mexico, Georgia and in north Florida with environmentally friendly laws to preserve the natural night sky have become extremely popular with home buyers, he said.

If Highlands County's night skies are preserved from excessive lighting, he said, there is great potential for ecotourism from astronomy enthusiasts.

Jean Warren, vice president of the Highlands County chapter of the Audubon Society, said the group's 300-plus members would definitely support a lighting ordinance. Excessive and glaring lighting does harm birds, she said.

Bill Youngman told commissioners that he, too, moved from a big city, Miami, to find peace and quiet in Highlands County. But, he said, he doesn't favor restrictions on lighting because it's one of the most effective crime deterrents.

Mike Mazeo said effective laws on lighting don't take away lighting that a person wants for security. A good ordinance, he said, provides greater safety by reducing glare and keeping illumination on one property from adversely affecting another property.

Commissioner Barbara Stewart said she does not favor a "far reaching" ordinance. But, she said, she will consider a "limited" ordinance, focused mainly on preventing offensive lighting from spilling over from one person's property to another's.

Highlands Today reporter Jim Konkoly can be reached at 863-386-5855 or e-mail jkonkoly@highlandstoday.com

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