Lake Country may target poorly aimed lighting

A proposal to ban “nuisance lighting” in Lake Country could be tricky to enforce, town council will hear today.

Council told staff in April to revise the nuisance bylaw to add lighting that is obnoxious, offensive, or interferes with the enjoyment of property.

In a report to council, staff say there are few bylaws in other B.C. communities that try to outlaw nuisance lighting.

Lighting is not specifically mentioned in the nuisance bylaws of Kelowna, Peachland, or Vernon, largely because of the degree of subjectivity involved, Lake Country staff say.

“Nuisance is a subjective issue and a flexible term,” corporate services director Reyna Seabrook writes in the report. “What is considered a nuisance by one person may be considered, or may be, a right to do something by another person.”

Nevertheless, the proposed revision to Lake Country’s nuisance bylaw would require people not let a light on their property cast a shadow directly onto a window of an adjacent home or one across the street.

It would also ban lights that “unreasonably disturb the peace, rest, enjoyment, comfort or convenience of the owner or occupier of the neighbouring real property.”

An exemption would be made for illumination coming from streetlights and lights on school grounds and playgrounds.

As with all possible bylaw infractions that involve officer discretion, town staff would try first to get voluntary compliance, but a maximum fine of $125 is proposed.

Any town bylaw officer who feels “verbally or physically threatened” when trying to get a property owner to dim a light can “immediately remove themselves from the situation”, the nuisance bylaw states.

Contributed This illustration from the City of Vancouver’s website shows the kind of outdoor lighting that is permitted, top, and the kind that is prohibited, below. Lake Country is considering similarly revising its nuisance bylaw to include lighting that is bothersome to neighbours.