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Dark Sky Ordinances

Some amateur astronomers want to enjoy the night sky from their own backyard in an urban environment. Some people believe it's better to be "closer to nature," and they want to impose their beliefs about what is best on society in general. They advocate for "dark sky ordinances," laws to restrict outdoor lighting in urban environments so more stars are visible to the naked eye.

However, often the ordinances that are proposed and passed are so restrictive that they are unfair to others in the community. Two amateur astronomers, David B. Kopel (Research Director of the Independence Institute) and Michael Loatman (candidate for a Juris Doctor degree at the University of Virginia School of Law), have written an excellent paper: Dark Sky Ordinances: How to Separate the Light from the Darkness.

One of the most important considerations is safety. The Maui, Hawaii, County Council has been trying to pass a dark sky ordinance for six years. Although astronomers are lobbying for the ordinance, businesses and police are concerned about the proposed low pressure sodium lighting fixtures. Maui police Capt. Milton Matsuoka was quoted in the a July 18, 2006, article in the Maui News as saying:

We’re against it totally. The one thing we think is not an option is the switch from high pressure to low pressure.

Capt. Matsouka also said on July 15, 2006:

If there is a reduction in the amount of light, I would think that’s a safety issue as far as driving conditions and with the perception of the public that it’s darker.

Another critical issue is the rights of the individuals forced to replace lighting fixtures so others can enjoy their hobby. In many cases, the costs to meet the new lighting restrictions are considerable, and some ordinances allow individuals and businesses a very short time to make the change. There must be a balance between the rights of everyone involved.

Businesses must be allowed to pursue commerce to stay in business, provide jobs, produce tax revenues for municipalities, and improve the economy. When businesses are burdened with overly-restrictive ordinances that increase their costs, customers suffer from higher prices. Municipalities, states, and the federal government suffer from decreased tax revenues. Citizens suffer from reduced services and/or increased individual taxes to make up for the tax revenue loss.

Individuals must have the freedom to travel the streets without fear for their safety, to enjoy recreation, entertainment, access to emergency services, work, shopping, and other activities on their own schedules.

And no group should have more rights than any other group.

Kopel and Loatman recommend reasonable guidelines for ordinances. See the report for details.

• Restrictions should apply to new construction, not be retroactive to existing construction.
• If retrofitting of existing fixtures is required by law, the individual or business should be compensated by the government, just as when property is taken for eminent domain.
• The same restrictions and exemptions should apply to both government and citizens.
• "As a general policy, lighting should be directed downward, rather than radiating in all directions, but there must be adaptations for particular circumstances."

• New billboards should be lit from the top downward; billboards not advertising businesses open after midnight should be voluntarily shut off during the night.
• Display lighting, not security lighting, should be turned off after businesses are closed.
• Reasonable restrictions as to time and place can be placed on huge light projections.
• When appropriate, security lights can be activated by motion detectors.

Municipalities considering passing dark sky ordinances would do well to review the unbiased information in Dark Sky Ordinances: How to Separate the Light from the Darkness.

Star-gazing is best done away from urban areas and airports, ideally at higher elevations. The Cherry Springs State Park in Pennsylvania, which offers these attributes, has been designated as the first Dark Sky Park.

AP reporter Dan Nephin writes on CentreDaily.com:

The National Park Service is also on board with the idea.

"Since 1916, our mission has been to preserve scenery and currently that includes the night sky scenery," said Chad Moore, program manager for the National Park Service's Night Sky Team.

In an article about the Seattle Astronomical Society’s Dark Sky Site group, HeraldNet reports:

Dark sky sites are areas that escape the light. At their most ideal — say, in the middle of the ocean — even the faintest of phenomena can be seen with the naked eye.

Dark sky parks and sites as far from civilization as feasible provide opportunities for amateur astronomers and casual stargazers to enjoy the night sky without depriving city dwellers and business owners of their rights — a good deal for everyone.