DRAFT Model Light Pollution and Radiation Safety Element for a General Plan

By David J. Dilworth

Copyright 2004 Helping Our Peninsula's Environment

Informed Consent Light and Radiation Pollution Safety Policy 

This Light & Radiation Prevention Policy or General Plan Element can be used by any nation, state, city or county (for example - Canada, California, Carmel-by-the-Sea, or Calaveras County).

It is intended to be a higher level policy that guides preparation of a Lighting Ordinance or a Code by defining the scope and limits of what they must address. It is not intended as a Lighting Ordinance or a Code, though parts of it could be used for that.

In California, all cities and counties are required prepare and adopt a "General Plan" and stay within the confines of it. They need to be updated every 5 years or so. Each General Plan has seven required elements including Noise, and Safety. Light & Radiation Pollution Prevention is not yet an Element separately required from Safety, but if it is easy enough for cities and counties to merely plug on in they might do so.

If you review our companion Model Noise Element you may see that it is almost identical in concept to this element. Noise Elements however, are required by California law.

You may notice that this Element has three improvements over typical light pollution laws:

1. it includes limits on invisible radiation,
2. it is aimed at what appears in the "eye of the beholder" rather than what is emitted by the source of light or radiation, and
3. it allows light and radiation pollution if approval is given by all affected parties.

1. This Plan recognizes that light and radiation pollution is not merely a nuisance, it can be a serious health hazard. Light pollution and radiation levels and types can easily cause vision and skin damage, annoyance, sleep interference, deep tissue biological damage and even death to humans and wildlife. It can interfere with individual and community activities including astronomical research, and harm property and reduce its value.

 

1. Damage: Continuous or transient light or radiation at and above a light intensity of 20 candelas per square centimeter (cd/cm²) can cause optical and other biological damage;

 

2. Annoying and Significant: Direct Nighttime Light Pollution greater than 0.01 lux can be a significant impact and interfere with sleep; Direct Daytime Light Pollution above 10 candelas per sq. cm can be a significant impact and cause annoyance;

 

3. Starlight Blocking: Sky Glare levels of 0.001 lux barely permits star gazing; and

 

4. Invisible Harm: Invisible low frequency infrared, microwaves and radio waves; and high frequency ultraviolet, x-rays and gamma rays can cause serious biological and property damage including death. Cell phone radiation can interfere with radio astronomy.

 

2. This Plan recognizes that relative levels of light or radiation intrusion compared to the existing light or radiation levels, are sometimes more important than absolute light and radiation levels.

For example 0.01 lux can be annoying or harmful in a dark natural area - a park, a trail, rural areas, or at a beach, but unnoticed downtown. Thus it is important to measure existing light and radiation level baselines rather than time averaged man-made light and radiation levels, which may be too high already.

 

3. This Plan recognizes that harm and complaints are more often caused by actual short duration maximum light and radiation levels rather than calculated average light and radiation levels.

 

4. This Plan recognizes that there can be significant long term energy cost savings by reducing or eliminating wholly unnecessary glare and light pollution.

 

5. This Plan recognizes each Californian's inalienable Right to Safety.

 

6. This Plan recognizes the fundamental rights of each individual --
1. To be fully informed of a harmful action before it occurs, and 
2. To deny consent.

1. Within one year of adoption of this Plan and updated at least yearly -
1. A complete inventory shall be prepared of -
1. All areas of natural nighttime light and radiation, and
2. Light pollution and radiation sources of all existing man-made activities experiencing transient and continuous nightime light and radiation of at least 0.01 lux; and

 

2. Physical measurements shall be taken, as opposed to estimates or computer models, and maps shall be prepared of natural light and radiation levels in all public areas and legally accessible private lands, and of continuous and repeating transient maximum light and radiation levels for all light and radiation sources in the updated inventory of light and radiation levels of all man-made activities.

The measurements shall separately measure and map all light and radiation locations in our jurisdiction, and light and radiation levels, for --

1. The Maximum Instantaneous man-made light and radiation levels and their durations, and
2. The difference of an area's average natural light and radiation level to that of the man-made intruding light and radiation level at the time of the intrusion in lux.

 

2. To prevent interference with star gazing and astronomy- no activity, existing or proposed, is permitted which can cause any transient or continuous light or radiation directed skyward.

For example: Light and radiation shielding can completely prevent all direct light from causing skyward glare and radio astronomy interference by cell phones. Use of low reflectance materials can greatly reduce and minimize the amount of indirect lighting and radiation causing skyward glare.

 

3. The only exceptions to section 2 are --
1. Aircraft landing lighting, and
2. Telescope adjustments.

 

4. To prevent light trespass, radiation trespass, biological harm, property harm, annoyance and activity interference, no activity, existing or proposed, is permitted which can cause, on any party unwilling or unable to give their consent, any transient or continuous light or radiation of --
1. Visible Light levels exceeding 0.01 lux per square cm.
2. Natural light levels exceeding 0.01 lux, where any alternative exists.

For example: Light shielding can completely prevent all direct light from leaving a property boundary. Use of materials allowing no more than 10% reflectance can greatly reduce and minimize the amount of reflected lighting leaving a property boundary.

3. Any amount of Gamma Ray Radiation,
4. Any amount of X-ray Radiation,
5. Any amount of Ultraviolet Radiation
6. (Infrared Radiation > ?? watts / cm²)
7. Any amount of Microwave Radiation
8. (Radiowave Radiation > ?? watts / cm²)   

 

5. The only exceptions to section 4a and 4b are --
1. Temporary lighting for alleviation of an Emergency, and
2. Temporary Holiday lighting.

 

6. To adequately warn people consenting to lighting levels exceeding 0.01 lux and and radiation levels exceeding ?? watts / cm² about the potential harm to their health, each person giving consent must sign, and be given a copy of, a declaration clearly describing all potential maximum energy and durations of the lighting and harms to their health from the light or radiation causing activity.

 

7. Meaningful substantial fines shall be collected for violations.

 

8. At all times (the jurisdiction e.g. Carmel or Monterey County) shall provide adequate resources to fully enforce this element and employ at least one full-time safety officer trained in light pollution and radiation detection and enforcement, and light pollution free and radiationless alternatives.

 

9. To eliminate light and radiation coming in from outside which adversely affect our area, (our jurisdiction e.g. Carmel or Monterey County) shall encourage avoidance and alternatives to all those agencies and jurisdictions which have control over those light pollution and radiation activities.

 

10. This Plan is intended to reflect the best available science and current conditions. As new information becomes available all policy related to this subject shall be updated immediately.

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Note 1. Where you find the word "jurisdiction" in parenthesis you replace it with the name of your state, city or county - for example - Canada, Carmel, or Calaveras County.

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