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Home My WebLink AboutO-2011-029 Sea Turtle Protection Adopted ORDINANCE NO. 2011-029 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE PROTECTION OF SEA TURTLES ON THE BEACHES WITHIN THE JURISDICTIONAL BOUNDARIES OF THE CITY OF DANIA BEACH BY AMENDING SECTION 5-1.3, ENTITLED "DEFINITIONS" AND BY CREATING SECTION 18, ENTITLED "LIGHTING REQUIREMENTS FOR MARINE TURTLE PROTECTION" OF CHAPTER 5, ENTITLED "ANIMALS AND FOWL" OF THE CITY CODE OF ORDINANCES, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach, Florida has an oceanfront beach which serves as a prime nesting habitat for sea turtles; and WHEREAS, the sea turtle has been identified as a threatened and endangered species and its hatchlings are threatened at least, in part, due to the artificial light from beachfront structures; and WHEREAS, protection of the marine turtle nesting habitat, nesting females and hatchlings may be greatly enhanced through the regulation of beaches and coastal activities in a manner consistent with prudent conservation strategies, such as those provided for in this ordinance; and WHEREAS, the City desires to implement conservation regulations in conformity with 161.163, Florida Statutes, and Chapter 62B-55 of the Florida Administrative Code; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are ratified and confirmed as being true and correct and they are incorporated into this ordinance by this reference. Section 2. That Section 5-1.3, entitled "Definitions" of Chapter 5, entitled "Animals and Fowl'of the City Code of Ordinances is amended to read as follows: Sec. 5-1.3. Definitions. Beach. That area of unconsolidated material that extends landward from the mean low- water line of the Atlantic Ocean to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation. Directly Illuminated. Illuminated as a result of glowing elements, lamps, globes, or reflectors of an artificial light source,which is visible to an observer on the beach. Directly Visible. The glowing element (s), lamp (s), globe (s), or reflector (s) of an artificial light source,which is visible to an observer standing anywhere on the beach. Indirectly Visible. Illuminated as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source which is not directly visible to an observer standing anywhere on the beach including light reflected off a structure. Nest. An area where marine turtle eggs have been naturally deposited or subsequently relocated. Nesting Season. The period from March 1 sc through October 31 sc of each year. New Development. New construction and remodeling of existing structures when such remodeling includes alteration of exterior lighting or results in new exposure of existing lighting to the beach. Sea Turtle. Any marine-dwelling reptile of the families Cheloniidae or Dermochelyidae found in Florida waters or any marine-dwelling reptile using the beach as a nesting habitat, including the following species: Caretta caretta (loggerhead), Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricata (hawksbill) and Lepidochelys kempi(Kemp's ridley). For purposes of this section, marine turtle is synonymous with sea turtle. Section 3. That Section 5-18, entitled "Lighting Requirements for Marine Turtle Protection" of Chapter 5, entitled "Animals and Fowl" of the City Code of Ordinances is created to read as follows: Sec. 5-18. Lighting Requirements for Marine Turtle Protection. 2 (a) Purpose and Intent. The purpose of this section is to reduce impacts of coastal lighting on the nesting and hatching of threatened and endangered sea turtles through restrictions, constraints and requirements to preserve and protect sea turtles and sea turtle habitat. The provisions of this section shall be effective within the jurisdictional boundaries of the City, and shall apply to any coastal lighting activity that has the potential to adversely impact sea turtles within the City limits. (b) Where lighting facilities are provided for parking areas, they shall be designed and installed so as to reflect the light away from any contiguous residential zoned property. No lighting shall be installed, maintained or illuminated on public or private property that would be directly or indirectly visible from or illuminate the beach from sunset to sunup during the sea turtle nesting season from March 1 through October 31 of each year. The City, tenants of City property along the beach, utility companies, and any other entity that provides lighting in, on or near the Beach area are each responsible for ensuring that their own lighting is controlled so as not to be directly or indirectly visible from or illuminate the beach from sunset to sunup during this season. (c) Measures to be employed by the City, its tenants, utility companies, and any other entities as provided above, for the installation, maintenance and control of all lighting in a direct line of sight of the beach, including interior lights visible from the beach through windows, shall be consistent with the standards and guidelines contained in Chapter 62B-55 of the Florida Administrative Code and in Technical Report 97-06 of the Broward County Beach Lighting Management Plan, as amended from time to time. All site plans for new development and redevelopment along the beach shall be required to demonstrate that the proposed development or redevelopment will comply with this Section by identifying the specific measures that will be employed to control lighting. (d) For existing development along the beach, the City, its tenants, utility companies and affected entities shall be required to immediately implement measures not involving any capital expenditures, such as switching-off exterior lights that are directly or indirectly visible from or illuminate the beach and closing existing draperies to shield interior lights during the turtle nesting season. Appropriate measures necessary to fully comply with this Section on or before April 1, 2012 must be observed by the City, its tenants, utility companies, and all affected entities. 3 (e) The provisions contained in this section shall not apply where the Florida Department of Environmental Protection or other state department with the appropriate authority has approved alternative lighting standards which are in conflict with the provisions contained in this section. Such approval shall be in writing, detailing the standards which were approved, and recorded with the City's Beach Zoning Division. Section 4. Enforcement. Any person found to be in violation of this Code Section shall be issued a Notice to Appear and shall appear at the prearranged Court date to answer the charge. A conviction for violation of this Section shall result in a fine up to five hundred dollars ($500.00) or imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment at the discretion of the judge. Section 5. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 7. That this Ordinance shall take effect immediately at the time of its passage. PASSED on first reading on September 13, 2011. PASSED AND ADOPTED on second reading on October 25, 2011. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR ,S F1Rsr APPROVED AS TO FO ORRECTNESS: THOMAS . ANS RO CITY ATTORNEY 1 4