Mark Cavallo 0

Greenville County SC Light Trespass/Pollution Ordinance

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This petition will be brought before the Greenville SC County Council to create and enforce an ordinance to protect the rights of property owners who are being forced to deal with excessive lights shining on their property, in their windows, yards, and patios, as well as taking away our dark skies at night to enjoy star gazing and amateur astronomy. This will also protect our property appeal and value should we decide to sell our property as home owners. If you are currently dealing with this or a similiar issue or Duke Power installed a "suburban yard light" on a 30ft pole in adjoining yards or front yard that lights your yard or patio, shines in your windows, etc. then sign this petition today.

Even if you are not currently dealing with this issue you could very well be in the future and now is the time to have an ordinance put in place. This petition is open to residents who's property is located anywhere in Greenville County, South Carolina.

At a minimum this ordinance should provide the following:

1.) Duke Power "Suburban Lights" mounted on 30ft power poles be restricted to the frontage of properties on the street.

2.) Duke Power "Suburban Lights" mounted on 30ft power poles be shielded to ensure that glare and light spillage does not cross property boundaries.

3.) Duke Power "Suburban Lights" mounted on 30ft power poles be limited as to the number of lights on a street within a specified distance.

4.) Backyard lighting and security lighting should be angled below the horizontal plane and shielded to eliminate glare and spillage across property boundaries.

5.) All lighting should be shielded as to eliminate up lighting to eliminate light pollution and keep night skies dark.

SC Jurisprudence Volume 2 S.C. Juris - Adjoining Land Owners Section 3 Page 22, Paragraph 4 of 2004 Supplement Clearly States:

"Historically, the common law has recognized various causes of action to protect the owner of land in the quiet enjoyment of his property. An action for trespass will lie for wrongful interference with the owner's right to peaceable and exclusive possession of his land. An action for private nuisance will lie for wrongful interference with the owner's right to free use and enjoyment of his land. As with trespass, if a private nuisance is shown to exist, the law imparts damages for inquiry to the right of free use and enjoyment, and at least nominal damages may be recovered to protect the right.

Page 22, Paragraph 5 of 2004 Supplement Clearly States:

"Generally, a private nuisance is that class of wrongs which arises from the unreasonable, unwarrantable, or unlawful use by a person of his own property, personal or real. Nuisance law is based on the premise that "every citizen holds his property subject to the implied obligation that he will use it in such a way as to not prevent others from enjoying the use of their property."

I feel we should not have to go through the time and expense of hiring attorneys to protect our very basic rights as land owners. This should be common courtesy among neighbors but unfortunately in most cases it is not. Our property values, the enjoyment of our land, and the protection from those who infringe upon the basic rights mentioned in the above SC Law must be protected by a local ordinance.

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