Guidance on the LightingRequirement for the Illumination of Advertising Billboards at Night

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

Pedithep YouyuenyongFaculty of Law

Chiang Mai University

E-mail: pedithep@gmail.com

* (

176

:

Abstract

Industrial, businesses and commercial sectors who want to display their outdoor advertisements need outdoor light to illuminate or display a very wide range of advertisements at night. However, increased use of illuminated billboards or digital billboards has resulted in environmental, astronomical, safety and human health problems. While some jurisdictions have adopted light pollution legislation designed to control outdoor light pollution from outdoor illuminated billboards with lighting screens, Thailand has not required its municipalities and local authorities to use shielded light sources on illuminated billboards and digital billboard to reduce light pollution and to control any light to be directed at oncoming traffic in such brilliance as to impair the vision of any driver in Thailand. These legal studies on the astronomical and environmental effects of light pollution from digital billboards and luminious advertising billboards have undertaken to review the accumulated scientific evidence and to consider their implications for regulatory guidelines on outdoor light pollution control. The conclusions are presented in this academic article in the form of regulatory guideline values for selected advertising light pollutants and necessary legal mechanisms to prevent outdoor light pollution from digital billboards and luminious advertising billboards, which may be applicable across national and municipal jurisdictions in Thailand.

Keywords: Advertising Sign, Safety, Legal Effect

177

1.

(Outdoor Billboards for Advertising 1

(Outdoor Areas

(Commercial Areas

(Highways

(Billboard Lighting Fixtures

(Digital

1 C.R. Taylor, J.C. Kozup and J. McAndrew, The Value of Exposures Provided by Outdoor Advertising:

A Critique of Outdoor Advertising Visibility Adjustments, Pennsylvania: Villanova University, 2006.

178

Billboards 2

(Light Emitting

Diode Screens LED Screens

1

: http://www.darksky.org/multimedia/images

(Pollution

2 J.M. Lazarus, The use of commercial advertising on large scale electronic billboards for highways and

their relation to driver safety and driver distraction, Oregon Department of Transportation Research Unit,

Salem: Oregon Department of Transportation Research Unit, 2008.

179

2 LED

: http://nanaimodarksky.com/

2.

(Visibility

180

(Night Light Emission

(Flood

Lighting Billboard 3

(Flashing Billboards 4

(LED

Digital Motion Billboards 5

3

: https://www.indiegogo.com/projects/stop-light-pollution-and-glare-from-luminous-signs

3 General Electric Company. (2013, Sep. . Evolve™ LED Flood Light: Wide Flood, Billboard & Spot (EFMR .

[Online] Available: http://www.gelighting.com/LightingWeb/na/images/OLP2898-GE-Evolve-LED-Lighting-

Fixtures-Floodlight-Wide-Billboard-Spot-DataSheet_tcm201-54137.pdf 4 J. Wachtel, A critical, comprehensive review of two studies recently released by the Outdoor Advertising

Association of America, Berkeley: The Veridian Group, Inc., 2007.5 Advance Planning Division Planning Development Services, Exploring the Use of Digital LED Billboards,

San Diego: Advance Planning Division Planning Development Services, 2013.

181

(Night Environment

(Balance of Day and

Night 6

(Light

Pollution

(Trespassing Light

(Glare

(Sky Glow

6

(balance between our need for artificial light at night and the environmental constraints of

providing that light

(Dark-sky Heritage

182

(Clutter

7

3.

8

(Animated

and Moving Billboards

(Flash Billboards

(Glaring Billboards

9

(Direction of Lighting

(Illuminance

(Lux

7 Royal Astronomical Society of Canada, Environmental Impact of Light Pollution and its Abatement,

Toronto: Royal Astronomical Society of Canada, 2012.8 Barco, DB-x20 Digital Billboard Out-of-Home Media LED screen, Rancho Cordova: Barco, 2009.9 R. Dechesne. (2012, Jul. . Hazardous Light Pollution from Digital Electronic Billboards. [Online] Available:

http://calgary.rasc.ca/lp/Digital_Electronic_Billboards.pdf

183

(Blue-rich Light

(Blue Wavelengths

10

11

3.1

(Road Safety

(Unacceptable Glare and Flash 12

(Blurred Vision

(Temporary Blindness 13

10 G. Young. (2012, Jul. . Illuminating the Issues Digital Signage and Philadelphia s Green Future. [Online]

Available: http://www.scenic.org/storage/documents/Digital_Signage_Final_Dec_14_2010.pdf 11 International Dark-Sky Association, Visibility, Environmental, and Astronomical Issues Associated with

Blue-Rich White Outdoor Lighting, Tucson: International Dark-Sky Association, 2010.12 Austroads Ltd, Impact of Roadside Advertising on Road Safety. Sydney: Austroads Ltd., 2013. 13 T. Dukic, C. Ahlstrom, C. Patten, C. Kettwich and K. Kircher. (2012, Aug. . Effects of electronic billboards

on driver distraction. Traffic Injury Prevention. [Online]. 14 (5 , pp. 469-476. Available: http://www.

fairwarning.org/wp-content/uploads/2013/01/2012-0104-Ahlstrom-R2.pdf

184

(Health Effects

(Circadian Rhythm

(Biological Clock

(Pineal Gland

14

: http://www.globalpost.com/dispatch/europe/100813/slovenias-light-pollution-crackdown

14 S.M. Pauley, Lighting for the Human Circadian Clock: Recent Research Indicates That Lighting Has

Become a Public Health Issue. Ketchum: International Dark Sky Association, 2004.

185

(Natural Dark-sky Environment

(Insomnia (Breast

Cancer 15

(Nocturnal Ecosystem 16

(Night Environment

(Nesting

(Hatching (Breeding

(Migration

(use the moon and stars

for navigation during their bi-annual

migrations 17

(Light Clutter 18

(Disorientation of Nocturnally Migrating

15 International Dark-Sky Association, Light Pollution and Human Health, Tucson: International Dark-Sky

Association, 2009.16 P. Deda, I. Elbertzhagen, M. Klussman, Light Pollution and the impacts on biodiversity, species and their

habitats. In: C. Marín and J. Jafari (eds international Conference in Defence of the uality of the Night

Sky and the Right to Observe the Stars, April 19-20, 2007. Starlight Initiative, Instituto de Astrofísica

de Canarias (IAC , La Palma, Canary Islands, Spain, p. 177-183 Navara KJ, Nelson RJ (2007 : The dark

side of light at night: physiological, epidemiological, and ecological consequences. J Pineal Res 43: 215-

224. 17 S. Guynup. (2003, Api. . Light Pollution Taking Toll on Wildlife, Eco-Groups Say. [Online]. Available:

http://news.nationalgeographic.com/news/2003/04/0417_030417_tvlightpollution.html 18 Golden Gate Audubon Society. (2013, Feb. . Position Statement Concerning Electronic Billboards. [Online].

Available: http://www.sceniceastbay.org/140219_GGAS_Statement.pdf

186

Birds 19

3.2

(Dark-sky Atmosphere

20

(Naked Eye Astronomical Observations

(Astronomical Telescope

Observations

21

.

(Stakeholders

19 Scenic Nevada. (2014, Jan. . Digital Billboards Wildlife Impacts. [Online]. Available: http://www.

scenicnevada.org/wp/wp-content/uploads/2014/09/Impacts_of_digital_billboards_onesheet.pdf 20 Maricopa Association of Governments, Considerations for Outdoor Lighting in the MAG Region:

A Resource Guide and Report Developed by the MAG Dark Sky Stakeholders Group. Phoenix: Maricopa

Association of Governments, 2011.21 Illinois Coalition for Responsible Outdoor Lighting, Digital Billboards: New Regulations for New

Technology. Chicago: Illinois Coalition for Responsible Outdoor Lighting, 2014.

187

(Owners

(Possessors (Building

Inspectors

(Prevention

(Prohibition (Exception

.1

188

22

LED

(LED Billboards

(Brainerd City Codes

415 23

( oning Districts

( 415.03 (Light

Shields

22 (Federal Billboard Control Laws Highway Beautification Act (HBA 1965 Highway Beautification Act (HBA 1965 (State Authorities (Local Authorities Pennsylvania Resources Council, Inc. and Society Created to Reduce Urban Blight, Signs, Billboards and Your Community: A citizen’s manual for improving the roadside environment by effective control of billboards and outdoor advertising. Philadelphia: Society Created to Reduce Urban Blight, 2013. 23 City of Brainerd, Brainerd City Code 415.01 Section 415 – Billboards. Brainerd: City of Brainerd, 2015.

189

( 415.05

(Flashing

Signs

( 415.07

823 (Digital

Sign and Billboard Ordinance No. 823 24

LED

LED

(Digital Sign Standards

(Maximum

Brightness Levels of Digital Signs

(Footcandle - fc

1 (Lumen

1

2

150 30

( 25

24 Plainfield Charter Township, Digital Sign and Billboard Ordinance No. 829 Resolution No. 10-12 Chapter 8,

Article VI, Sections 8-130 Through 8-132. Belmont: Plainfield Charter Township, 2014.25

(Footcandle - fc 1 (Lumen 1

(Good

Visibility

Dark-Sky

Society. (2009, Mar. . Guidelines for Good Exterior Lighting Plans [Online] Available: http://darkskysociety.

org/handouts/lightingplanguidelines.pdf

190

(Billboard Standards

LED

(Illumination

(Written Notice

14

(Penalties

823

(Enforce

(Owner (Co-Owner

(Occupants

2,500

81,631.50

.2

Town and Country Planning

(Control of Advertisements Regulations

2007

(Illuminated

Advertisements

4 (Class 4 2

2 (a 27

26 Department for Communities and Local Government, Outdoor advertisements and signs: a guide for

advertisers. London: Department for Communities and Local Government, 2007.27 The National Achieves. (2007, Mar. . The Town and Country Planning (Control of Advertisements

(England Regulations 2007 [Online] Available: http://www.legislation.gov.uk/uksi/2007/783/contents/

made

191

2

(a 28

(Institute of

Lighting Engineers Institute of

Lighting Engineers Technical Report no 5

(Soft Law

Town and

Country Planning (Control of Advertisements

Regulations 2007 Institute of Lighting

Engineers Technical Report no 5

29

28 2 (a The Town and Country Planning (Control of Advertisements (England

Regulations 2007

(endanger

persons using any highway, railway, waterway, dock, harbour or aerodrome (civil or military

(obscure, or hinder the ready interpretation of, any traffic sign,

railway signal or aid to navigation by water or air

(hinder the operation of any device used for the purpose of security or surveillance or for

measuring the speed of any vehicle29 Institute of Lighting Engineers Technical Report no 5

(Brightness of Illuminated Advertisements

(high district brightness areas

(Intrinsically

Dark Landscapes

Institute of Lighting Engineers. (2001,

Mar. . Technical Report No 5 Brightness of Illuminated Advertisements, Available: http://llpgport.oltps.

sthelens.gov.uk:8080/portal/servlets/AttachmentShowServlet?ImageName=76563

192

(Common Law

(Nuisance

(neighbour s right to enjoy their property 30

31

(Light Nuisance

Clean Neighbourhoods

and Environment Act 2005 32

(Statutory Nuisance

from Artificial Light

33

30 Harrogate Borough Council. (2007, Mar. . Light Pollution [Online] Available: http://www.harrogate.gov.

uk/pp/Pages/LightPollution.aspx 31 Stone Haven and District Angling Association v. Stonehaven Tennis Club, unreported,

January 1997

Department for Environment,

Food and Rural Affairs, Statutory Nuisance from Insects and Artificial Light. London: Department for

Environment, Food and Rural Affairs, 2006. 32 Department for Environment, Food and Rural Affairs, Artificial light statutory nuisance – continued utility

of the current exemptions for certain premises Section 79(5B) Environmental Protection Act 1990

December 2011. London: Department for Environment, Food and Rural Affairs, 2011.33 (Burden of Proof

(Balance of Probability

West Lotiain Council. (2015, Jan. . Statutory Nuisance [Online] Available:

http://www.westlothian.gov.uk/article/5551/Statutory-Nuisance-law

193

(artificial light

emitted from premises so as to be prejudicial

to health or a nuisance 34

Clean Neighbourhoods and

Environment Act 2005

(Comparative Analysis

(Jurisdiction

(Level

(Illuminating Engineering

(Illumination

34 The National Achieves. (2005, Apr. . Clean Neighbourhoods and Environment Act 2005 [Online]

Available: http://www.legislation.gov.uk/ukpga/2005/16/contents

194

5.

-

. . 2552 4 (3

( (

.

(Written Law

195

(Environmental Risk

LED

(Blue Colour

Wavelength Range

LED

LED

(Blue-rich White Outdoor Lighting

.1

. . 2535 435

(Artificial Light Sources from

Billboards

35 . (2014, Jan. . . . 2535. [Online].

Available: http://www.pcd.go.th/download/regulation.cfm?task=s1

196

36

(Illuminating Engineering Aspects

(Illuminance

(Luminance

.2

37

36 . (2014, Oct. .

LED. [Online]. Available: http://eservices.dpt.go.th/eservice_6/subsites/center/news/data9/1-

1.1/2558/0529.pdf 37

. . 2542 . . 2554

. . 2537 . . 2540

197

7.

(Environmental Tax Incentives

(more environmentally friendly lighting way

(Reliefs 38

8.

38 UK Government. (2014, Dec. . Environmental taxes, reliefs and schemes for businesses. [Online]. Avail

able: https://www.gov.uk/green-taxes-and-reliefs/overview

198

Advance Planning Division Planning

Development Services. 2013. Exploring

the Use of Digital LED Billboards,

San Diego : Advance P lanning

Division Planning Development

Services.

Barco. 2009. DB-x20 Digital Billboard Out-of-

Home Media LED screen, Rancho

Cordova: Barco. R. Dechesne. 2012.

Hazardous Light Pollution from Digital

Electronic Bi l lboards . [Onl ine]

Available: http://calgary.rasc.ca/lp/

Digital_Electronic_Billboards.pdf

C.R. Taylor, J.C. Kozup and J. McAndrew.

2006. The Value of Exposures

Provided by Outdoor Advertising:

A Critique of Outdoor Advertising

Visibility Adjustments, Pennsylvania:

Villanova University.

Depar tment fo r Communi t i es and

Local Government. 2007. Outdoor

advertisements and signs: a guide for

advertisers. London: Department for

Communities and Local Government.

Department for Environment, Food and

Rural Affairs, Artificial light statutory

nuisance – continued utility of the

current exemptions for certain premises

Section 79(5B) Environmental.

G. Young. 2012. Illuminating the Issues

Digital Signage and Philadelphia s

Green Future. [Online] Available: http://

www.scenic.org/storage/documents/

Digital_Signage_Final_Dec_14_2010.

pdf

General Electric Company. 2013. Evolve™

LED Flood Light: Wide Flood, Billboard

& Spot (EFMR). [Online] Available:

http://www.gelighting.com/Lighting

Web/na/images/OLP2898-GE-Evolve-

LED-Lighting-Fixtures-Floodlight-

Wide-Billboard-Spot-DataSheet_tcm

201-54137.pdf

Golden Gate Audubon Society. 2013. Position

Statement Concerning Electronic

Billboards. [Online]. Available: http://

www.sceniceastbay.org/140219_

GGAS_Statement.pdf

199

Illinois Coalition for Responsible Outdoor

Lighting. 2014. Digital Billboards:

New Regulations for New Technology.

Chicago: I l l ino is Coal i t ion for

Responsible Outdoor Lighting.

International Dark-Sky Association. 2009.

Light Pollution and Human Health,

Tucson: International Dark-Sky

Association.

International Dark-Sky Association. 2010.

Vis ib i l i ty , Envi ronmenta l , and

Astronomical Issues Associated with

Blue-Rich White Outdoor Lighting,

Tucson: International Dark-Sky

Association.

J.M. Lazarus. 2008. The use of commercial

advertising on large scale electronic

billboards for highways and their

relation to driver safety and driver

distraction, Oregon Department of

Transportation Research Unit. Salem:

Oregon Department of Transportation

Research Unit.

J. Wachtel. 2007. A critical, comprehensive

review of two studies recently released

by the Outdoor Advertising Association

of America, Berkeley: The Veridian

Group, Inc.

Maricopa Association of Governments.

2011. Considerations for Outdoor

Lighting in the MAG Region: A

Resource Guide and Report Developed

by the MAG Dark Sky Stakeholders

Group. Phoenix: Maricopa Association

of Governments.

S. Guynup. 2003. Light Pollution Taking

Toll on Wildlife, Eco-Groups Say.

[Online]. Available: http://news.

nationalgeographic.com/news/2003/

04/0417_030417_tvlightpollution.html

S.M. Pauley. 2004. Lighting for the Human

Circadian Clock: Recent Research

Indicates That Lighting Has Become

a Public Health Issue. Ketchum:

International Dark Sky Association.

Scenic Nevada. 2014. Digital Billboards

Wildlife Impacts. [Online]. Available:

http://www.scenicnevada.org/wp/wp-

content/uploads/2014/09/Impacts_of_

digital_billboards_onesheet.pdf

T. Dukic, C. Ahlstrom, C. Patten, C. Kettwich

and K. Kircher. 2012. Effects of

electronic bi l lboards on driver

distraction. Traffic Injury Prevention.

[Online]. Available: http://www.fairwarn-

ing.org/wp-content/uploads/2013/01/

2012-0104-Ahlstrom-R2.pdf

The National Achieves. 2007. The Town

and Country Planning (Control of

Advertisements (England Regulations

2007 [Online] Available: http://www.

legislation.gov.uk/uksi/2007/783/

contents/made