Dark skies to prevail in Leamington

By Mark Ribble

LEAMINGTON — The much-debated greenhouse light abatement by-law has passed in Leamington, effectively putting an end to brightly lit night-time skies in the municipality, once greenhouse operators comply.

Leamington council debated for about two hours last Tuesday before passing the bylaw, requiring greenhouse operations to create a dark sky by either shutting off their lights or installing sidewall, endwall and ceiling blackout curtains.

After public consultation — which saw 1293 responses — the vast majority supporting the bylaw, council heard delegations and then set out to pass the recommended bylaw.

The Ontario Greenhouse Vegetable Growers, represented by Dr. Justine Taylor, Joseph Sbrocchi and Niki Bennett, were there to represent greenhouse vegetable growers. They asked for a bylaw allowing 15 per cent of the light to escape into the night sky. No representatives from the cannabis industry came forward to speak to council.

Leamington Mayor Hilda MacDonald pulled no punches when it came to how some greenhouse operators have aimed criticism at council for the delay in controlling this issue.

“It’s been said that we dropped the ball,” she said. “We did not drop the ball. We’ve been engaged with OGVG and the Harrow Research Station on this. The industry didn’t even bother to bend over to pick up that ball.”

The bylaw comes into effect on January 1, 2021.

A Leamington-based greenhouse operation brightens the night sky on Sunday, December 13, 2020.

Sun photo.

Greenhouse operators will be required to ensure that blackout curtains on greenhouse sidewalls and endwalls will be closed from one hour before sunset to one hour after sunrise.

Further to that, the ceiling curtains will be closed from one hour before sunset to one hour after sunrise, except between the hours of 2 am and 6 am, when they will be allowed to be opened by 10 per cent for venting purposes.

Although the bylaw takes effect on January 1, greenhouses not already equipped, will have until April 1 to install sidewall and endwall curtains and until October 1 to install ceiling curtains.

It has been noted that, during the pandemic, it has been difficult to procure the curtains and the professionals required to install them.

As of January 1, however, the bylaw requires that greenhouses that utilize lights, shall ensure that the lights are completely turned off between 8 pm and 2 am.

This means, that on New Year’s Day at the latest, those wanting dark skies should see that achieved within the municipality. If greenhouse operators already have curtains ready to go, they may leave their lights on and close the curtains. The maximum set fine for contravening the bylaw is $1000. Although there were plenty of questions and discussion, it came down to what the residents indicated in their response to the public forum.

“Our residents are livid,” said MacDonald. “This has gone on far too long.”

Council also discussed the impact of cannabis odour on the community.

Administration prepared a report outlining Bylaw 35-18, which has been on the books since 2018. The bylaw states that any licensed cannabis operation have an odour abating protocol designed to eliminate the emission of cannabis odour from a facility that is persistent or continuous and likely to interfere with ordinary enjoyment of other property.

The report also stated that any Part II cannabis facilities within the municipality are in contravention of the bylaw and the courts are currently reviewing those cases.

Part II cannabis facilities produce medical cannabis for individuals who have a medical certificate to produce it. The municipality does not receive notice from Health Canada as to any applications for such facilities.

In the end, it was discussed that, unlike light, odour emissions are very difficult to determine the source and administration left with a promise to investigate the odour abatement protocol of the licensed commercial cannabis producers to make sure they are compliant with the existing bylaw.