Outdoor Lights - Request for Nuisance By-law

Community of Etobicoke - Wards 2, 3, 4 and 5

The Etobicoke Community Council recommends the adoption of the following report (February 8, 1999) from the Director of Municipal Licensing and Standards, Urban Planning & Development Services:

Purpose:

To report on a request to give consideration to enacting a nuisance by-law to control the location of spotlights and security lighting.

Financial Implications:

There are no financial implications for the City.

Recommendations:

It is recommended that:

(1)the Municipal Licensing and Standards Division of Urban Planning and Development Services give consideration to including a clause to regulate nuisance outdoor lighting in a Property Standards by-law; and

(2)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

At its meeting held on December 9, 1998, the Etobicoke Community Council had before it a communication dated November 6, 1998, from the President of Maryla Developments requesting consideration of the enactment of a 'nuisance by-law' to control the location of spotlights and security lighting. The Etobicoke Community Council referred the matter to the Deputy Chief Building Official, Etobicoke District, for a report. Subsequently, the matter was referred to the Municipal Licensing and Standards Division for submission of a report to the Etobicoke Community Council inasmuch as the subject matter is within the Division's jurisdiction.

Discussion:

The request for a by-law regulating the placement of outdoor lighting has come about due to a problem concerning lighting recently installed on the property municipally known as 33LakeshoreDrive in the Community of Etobicoke. Apparently an outdoor security light fixture has been installed in such a way that it shines into the living area of residents in the building on an abutting property municipally known as 41 Lakeshore Drive. A complaint has been filed with the Municipal Licensing and Standards Division. The Etobicoke Municipal Code does not regulate the placement of outdoor lighting, nevertheless, the area inspector is attempting to negotiate a solution to the problem. In the interim, staff is working on consolidating the property maintenance by-laws of the former municipalities. It is anticipated that the new by-law will be ready for submission to Council in the spring/summer of this year. Should the by-law be approved, the regulation would apply retroactively and, if necessary, could be used to resolve the current dispute.

Conclusions:

The request to implement control over the placement of outdoor lighting so as to eliminate a nuisance for abutting property owners has merit and it would be appropriate to include a regulation to that effect in the City's new Property Standards by-law.

Contact Name:

David Roberts, District Manager, West District,

Tel: (416) 394-8008; Fax: (416) 394-8958

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Ms. Y. DeViller, President, Maryla Developments Ltd., appeared before the Etobicoke Community Council in connection with the foregoing matter and filed a submission with respect thereto.