Transcript Document

ENFORCEMENT: LEGAL CONSIDERATIONS
Ryan Kellus Turner
General Counsel and Director of Education
Texas Municipal Courts Education Center
Better Lights for Better Nights Conference
August 15, 2014
Dripping Springs Ranch Park
1. HOW CAN WE ENFORCE A
LIGHTING ORDINANCE?
Blinded by the light
Revved up like a deuce
Another runner in the night
ENFORCEMENT AVENUES
• Public Education &
Information
• Community Based
• Industry Based
• Incentives
• Assistance
• Criminal Enforcement
• Civil Enforcement
• By Government
• By Private Citizen
Alleging Private
Nuisance
“Carol Anne, listen to me. Do NOT go into the light. Stop
where you are. Turn away from it.
GOVERNMENT ENFORCEMENT
Civil Enforcement
• Municipalities (in Municipal Court) • Municipal Ordinances (in District or
County Court at Law) Ch. 54, LGC via Civil
• Ordinances per Local Govt.
Penalties (Note: Sec. 30.00005(d)(2), LGC
Code (General Law Cities)
= Municipal Court of Record)
• Ordinance per Charter (Home
Rule Cities)
• Municipal Ordinances, Ch. 54, LGC via
Quasi-Judicial Enforcement of Health and
• Ordinances Required of Cities
within 57 miles of the
Safety Ordinances
McDonald Observatory
• Building and Standards Commission,
(Subchapter B, Ch. 229, LGC)
or
• Civil Adjudication Process
• Counties (in Justice Court)
Criminal Enforcement
• Observatories and Military
Bases (Subchapter B, Ch. 240, • Cities and Counties Governed by
Subchapters B, Ch. 229 and 240, LGC may
LGC)
seek Injunctions as Enforcement
“Marion, don't look at it. Shut your eyes, Marion.
Don't look at it, no matter what happens!”
“The dark side of the Force is a pathway to many
abilities some consider to be unnatural.”
2. WHERE CAN WE ENFORCE A
LIGHTING ORDINANCE?
I saw the light I saw the light
No more darkness no more night
Now I'm so happy no sorrow in sight
Praise the Lord I saw the light
THE ANSWER: IT DEPENDS.
Territorial Limits of
Municipality?
• Take Your Pick!
• Law Enforcement
• Extrajudicial
Enforcement
ETJ & UNINCORPORATED PARTS?
Unincorporated Parts (i.e.,
“The Sticks”)
• Extent: ½ Mile to 5 Miles of
• Extrajudicial Enforcement
Municipal Boundaries,
• Keep Up the Dialog:
Depending on Population of City
IDA, IESA, LEED,
• Criminal Enforcement in EJT
Builders, Manufacturers
Depends on:
• Educate Rural
1. Type of Municipality
Communities
(General Law or Home Rule)
• Educate County
2. Subject Matter of Ordinance
Commissioners and
3. Jurisdiction (i.e. Authority
County Judges
ETJ
of a Court) - Express or
Implied
4. Venue (i.e, Place of Trial) –
Not an Element of Offense:
Proof by Preponderance
• Legal Enforcement
• Private Nuisance Law
Suits
There is a darkness on the edge of town
There is a darkness on the edge of town
3. WHAT ARE THE EVIDENTIARY AND
PROOF ISSUES?
Turn on your heartlight
In the middle of a young boy's dream
Don't wake me up too soon
Gonna take a ride across the moon
You and me
THIS RAISES INTERESTING
QUESTIONS
• What About
Light Art?
• What About the
1st Amendment?
DOES IT MATTER WHO IS SHINING
THE LIGHT?
DOES IT MATTER WHY THEY ARE
SHINE THE LIGHT?
“PROVE IT!”
• Prove What? The Challenge of Writing an
Enforceable Law
• Paper Work Violation?
• Performance Standard Violation?
• Witnesses
• Personal Knowledge of Light Trespass?
• Expert Witne$$es
You can't start a fire, you can't start a fire without a spark
This gun's for hire even if we're just dancing in the dark
“DID YOU FOLLOW THE
INSTRUCTIONS?”
• Admissibility
• Light Trespass versus Trespass: Fourth
Amendment Issues for Governments Camara
• Photometry
• Kyllo
• Daubert/Kelly
The stars at night
are big and bright
deep in the heart of
Texas
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TMCEC on:
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FOLLOW on:
E—MAIL: [email protected]
TWITTER: @RKELLUSTURNER