King Neptune Seafood Inc., doing business as Sliders Oyster Bar and Seafood Grille, has filed a complaint in the 4th Circuit Court seeking to prevent the City of Neptune Beach from enforcing its new “nuisance lighting” law.
The complaint contends that the city should be prevented from enforcing Ordinance 2019-02 because Sliders obtained a validly issued permit from the city to install lighting covered by the ordinance months before the new law was enacted.
The complaint also contends that the ordinance is void because it is vague and violates the due process clause of the 14th Amendment of the U.S. Constitution.
Patrick Krechowski, Neptune Beach city attorney, said the city does not comment on pending litigation.
According to court documents, King Neptune Seafood purchased the property at 218 First St. in Neptune Beach in 2017 and began making improvements to keep the business commercially viable.
The owners hired an electrical contractor to install new lighting.
A permit was issued Jan. 11, 2018, for additional electric capacity, to wire a new hood system, replace the front sign fixture, change out track lighting and “change out entire restaurant to LED.”
A city inspector approved the completed work five weeks later Feb. 19.
The ordinance that’s the subject of the complaint was enacted April 1, more than a year after the work on the restaurant was complete.
It states that “the City of Neptune Beach recognizes that man-made lighting can have a negative impact on the environment and citizens' right to enjoy their property. Lighting should not unnecessarily illuminate or substantially interfere with the use or enjoyment of any other adjoining lot.”
At the Neptune Beach Community Development Board meeting in August, a proposed ordinance to regulate lighting was discussed, according to minutes from the meeting.
Deputy City Manager and Community Development Director Amanda Askew said the council, the Land Use and Parks Committee and a study conducted by the Urban Land Institute each had referenced lighting issues, including concerns about buildings being illuminated in such a way that it could negatively affect surrounding neighbors or the overall aesthetics of an area.
It was discussed that at the time, the city regulated lighting in three code sections: beachfront during turtle nesting season, sign, and lighting for parking and loading areas
According to the meeting minutes, it was discussed that lighting ordinances can be “simple or very complex.” It was noted that enforcement of complex lighting ordinances requires equipment and training to measure light levels and that simpler ordinances are more difficult to enforce and can be subjective.
The Neptune Beach City Council approved Ordinance 2019-02 on March 4 on first reading by a vote of 4-1 with Mayor Elaine Brown, Vice Mayor Fred Jones and Council members Kerry Chin and Josh Messinger in the majority. Council member Scott Wiley cast his vote against the ordinance.
The ordinance allows lighting fixtures in operation before January 2019 to be considered permitted nonconforming lighting and not required to be removed or replaced “provided the existing lighting does not create light trespass to any adjacent property.”
Light trespass is defined as unwanted light that shines on adjacent property or into a window, for example.
King Neptune's complaint states: “That term, as well as other terms set forth therein are vague because they fail to give a person of ordinary intelligence a reasonable opportunity to know what is prohibited and it fails to provide explicit standards for those who apply it to avoid arbitrary and discriminatory enforcement.”
The restaurant owners are represented by Bryan DeMaggio of Sheppard, White, Kachergus & DeMaggio.
The case will be heard by Circuit Judge Virginia Norton.