also need to be present at the time of inspection; most often after business hours. As these installations are not associated with building construction, inspections would often be complaint driven, or through compliance with a requirement for construction permits to install these lights per the Site Plan Approval Process. In addition, staffing to regulate, permit and inspect lights after regular hours would further increase operational burdens on the City.

To ensure effective and successful enforcement of a Nuisance Lighting By-law, enforcement staff will require specialized training and equipment to efficiently complete inspections and issue any corrective orders. Given the numerous variables involved in determining illumination levels, securing convictions through the courts may be difficult under strong defense challenges. Council may also consider the establishment of an exterior lighting permit process to help facilitate a process to regulate this By-law; however, administration does not support a separate permit process, as it would add another level of bureaucratic approvals and additional fees for property owners.

Option #3: Prohibition

Similar in wording to the Mississauga Nuisance Lighting By-law, this option would consist of an amendment to the Property Standards By-law 9-2019 to have property owners remove any lighting that does not comply with the full cut-off clause found in LISS CR228/2005. In addition, a moratorium on the installation of any new non-compliant lights in the City would also be required. As non full cut-off lighting of this nature are easily identified during regular working hours, By-law Enforcement Officers would only need to inspect properties during regular working hours.

Recognizing that there are situations where wording found in a Nuisance Lighting Bylaw may conflict with everyday safety controls by a municipality and that some events use temporary lighting that create a public attraction, prohibitions would NOT apply to the following:

City approved street lighting provided by a designated BIA;

Lighting required through by-law enforcement or emergency services personnel;

Traffic control signals and devices;

Vehicle lights;

Lighting in-compliance with the Lighting Intensity Standards Study (LISS) CR228/2005;

Outdoor Lights used to illuminate public parks and playing fields;

Temporary lighting associated with:

If council decides to regulate this matter, then this option is recommended by administration, as it would satisfy the Council direction without a separate Nuisance Lighting By-law, and would have the least exposure to risks for the City and property owners.