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ORDINANCE NO. 95-88-37 �
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 5,
CREATING ARTICLE III, PROTECTION OF SEA TURTLES;
PROVIDING FOR LIGHTING STANDARDS FOR NEW AND EXISTING
DEVELOPMENT; PROVIDING DEFINITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING PENALTIES; PROVIDING FOR
CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE
WHEREAS, the beaches of the City of Atlantic Beach, Florida, serve
as a prime nesting habitat for hundreds of sea turtles, and
WHEREAS, the sea turtle is an essential member of the food chain and
has been identified as a threatened and endangered species, and
WHEREAS, rapid coastal development threatens the survival of turtle
hatchlings because the artificial lights cause disorientation in young
hatchlings, and
WHEREAS, this Ordinance is necessary to protect the natural
reproductive cycle of the sea turtle during the nesting and hatching
seasons which runs from May 1 through October 31 each year, and
WHEREAS, the protection of sea turtle hatchlings is in the interest
of the public health, safety, and welfare, and
WHEREAS, the City Commission feels that it is in the best interest
of the citizens of the City of Atlantic Beach, Florida, to amend the
Zoning Code of Ordinances as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
Section 1. Chapter 5, is hereby amended to create Article III,
which shall read as follows
CHAPTER 5
BEACHES
ARTICLE III. PROTECTION OF SEA TURTLES
Section 5-25. General Provisions and Exceptions.
Outside Lighting in Beach Areas.
(1) Interpretations of certain terms and words are to include the
following:
a. Artificial light: Any source of light emanating from a
manmade device, including but not limited to, incandescent
mercury vapor, metal halide, or sodium lamps, spotlights,
street lights, construction or security lights. This
shall not include flashlights, vehicular lights or indoor
lighting.
b. Beach access point: Shall mean any path through or over
the dune used by the general public or private property
owners for the purpose of gaining access to the beach.
c. Beach: That area of unconsolidated material along the
Atlantic Ocean that extends landward from the mean low
water line to the place where there is a marked change in
material or physiographic form, or to the line of
permanent vegetation (usually the effective limit of storm
waves) .
d. Building Department: This is the Code Enforcement
division of the City responsible for issuing all building
permits, inspecting and enforcing all building and zoning
codes.
e. Dune: Shall mean a mound or ridge of loose sediments,
lying landward of the beach and deposited by any natural
or artificial mechanism.
f. Floodlight: Reflector type light fixture which is
attached directly to a building or post and which is
unshielded.
g. Ground-level barrier: Shall mean any natural or
artificial structure rising above the ground which
prevents beachfront lighting from shining directly onto
the beach dune system.
h. Low Profile Luminaire: Light fixture set on a base which
raises the source of the light no higher than forty-eight
(48) inches off the ground, and designed in such a way
that light is directed downward from a hooded light
source.
i. Nesting Season: Shall mean the period from May 1 through
October 31 of each year.
j . New Development: Shall include new construction and
remodeling of existing structures when such remodeling
includes alteration of exterior lighting.
k. Permitted agent of the State: Shall mean any qualified
individual, group or organization possessing a permit from
DNR to conduct activities related to sea turtle protection
and conservation.
1. Person: Shall mean any individual, firm, association,
joint venture, partnership, estate, trust, corporation,
group, state officer, or unit of federal, state, county,
or municipal government, and all other associations and
combinations, whether public or private.
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m. Pole Lighting: Light fixture set on a base or pole which
raises the source of the light higher than forty-eight
(48) inches off the ground.
(2) Purpose and Application
It is the policy of the City of Atlantic Beach, Florida to
minimize artificial light illuminating area of the beaches. No
artificialpublic or private light source shall directly
illuminate areas seaward of the primary dune where it may deter
adult female sea turtles from nesting or disorient hatchlings.
a. Controlled use, design and positioning of lights.
1. The use of lighting for decorative and accent
purposes, such as that emanating from spotlights or
floodlights, is prohibited if visible from ocean side
of dune or vegetation line.
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Security lighting and/or high intensity lighting
shall be permitted throughout the night but shall be
repositioned, modified or replaced with low sodium
alternatives so that the source of light is not
directly visible from the beach and/or does not
directly illuminate areas seaward of the primary dune
or vegetation line. Techniques and/or materials used
shall be consistent with the Paul Raymond Manual Sea
Turtle Hatchling Disorientation and Artificial
Beachfront Lighting Standards and Mitigated Measures,
low pressure sodium lights which only emit yellow
wavelengths (589-590 nm) being the suggested
replacement for high intensity lighting.
3. Fixture lights shall be designed and/or positioned
such that they do not cause direct illumination of
areas seaward of the primary dune and that only
deflected light may be directly visible from the
ground level of the beach.
4. Wallmount fixtures, landscape lighting and other
sources of lighting shall be designed and/or
positioned such that light does not directly
illuminate areas seaward of the primary dune.
5. All lights on balconies shall be shielded from the
beach or low pressure sodium lights may be used.
6. Lighting in parking lots within line of sight of the
beach shall be positioned and/or shielded such that
only deflected light may be visible from the ground
level of the beach.
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7. The use of red, yellow, or orange lights is permitted
where security or safety is a concern, shielding is
impracticable or visibility from the beach cannot be
prevented. Low pressure sodium lights are also
acceptable.
b. Lighting for pedestrian traffic.
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Beach access points, dune crossovers, beach walkways,
piers or any other structure designed for pedestrian
traffic shall use the minimum amount of light
necessary to ensure safety. These lights shall be
low profile luminaires, low pressure sodium, or of
low intensity and recessed, or shielded so that the
source of light does not directly illuminate the
beach.
2. Pedestrian lighting shall be of low wattage and
recessed or shielded so that only deflected light may
be directly visible from the beach, or low pressure
sodium lights may be used.
c. Beachfront lighting approval: Prior to the issuance of a
Certificate of Occupancy by the Building Department,
compliance with the beachfront lighting standards as set
out in this section shall be approved as follows:
1. Upon completion of the construction activities, a
registered Florida architect or professional engineer
shall conduct a site inspection which includes a
night survey with all the beach front lighting turned
on.
2. The inspector shall prepare and report the inspection
findings in writing to the Building Department
identifying:
(i) The date and time of initial inspection.
(ii) The extent of compliance with this section.
(iii) All areas of potential and observed
non-compliance with this section
(iv) Any action(s) taken to remedy observed non-
compliance, if applicable.
(v) The date(s) and time(s) of remedial
inspection(s) , if applicable.
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3. The inspector shall sign and seal the inspection
report which includes a certification that:
(i) The beachfront lighting has been constructed in
substantial accordance with the terms of this
section.
(ii) The beachfront lighting does not illuminate
areas seaward of the primary dune at the time of
night inspection.
(iii) The beachfront light sources are positioned so
that only deflected light may be visible from
the beach at the time of the night inspection.
(3) Standards for existing beachfront lighting.
Existing beachfront lighting shall comply with all of the
conditions set forth in this section by May 1, 1989.
a. Adjustment to essential lighting. Existing artificial
light sources shall be repositioned, modified or replaced
with modern alternatives so that only deflected light may
be visible at ground level from the beach and/or does not
directly illuminate areas seaward of the primary dune.
b. Light sources that cannot be repositioned, modified or
replaced, for whatever reason, shall be turned off from
12:00 AM each night until 7:00 AM each morning during the
period May 1 to October 31 of each year.
(4) Publicly owned lighting:
Street lights and lighting at parks and other publicly owned
beach access areas shall be in compliance with the following by
May 1, 1989:
1. Whenever possible, street lights shall be located so that
they will not illuminate the beach.
2. Lights at parks or other public beach access points shall
be shielded or shaded or shall not be utilized during the
period May 1 through October 31 of each year or turned off
from 9:00 PM each night until 7:00 AM each morning.
(5) Enforcement:
Enforcement shall be the responsibility of the Code Enforcement
Officer of the City and penalties shall be in accordance with
Chapter 1, Section 1-11 of the Code of Ordinance of the City of
Atlantic Beach, Florida.
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Section 2.
Should any section or provision of this Ordinance, or the
application of any provision of this Ordinance be declared by the courts
to be unconstitutional or invalid, such declaration shall not affect the
validity of the remainder of this Ordinance.
Section 3.
That all Ordinances or parts thereof that are in conflict with this
Ordinance be and the same are hereby rescinded and repealed.
Section 4.
This Ordinance shall take effect immediately upon its adoption.
* * * * * * * * * * * * *
Passed by the City Commission on first reading October 24, 1988
Passed by the City Commission on second & final reading FAILED TO PASS 11/28/88
William S. Howell, Mayor, Presiding Officer
Approved as to form and correctness:
Claude L. Mullis, City Attorney
ATTEST:
Adelaide R. Tucker, City Clerk