Item 8D- Sea Turtle Lighting OrdinanceCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Sea Tmtle Ordinance 95-17-XX
SUBMITTED BY: Derek W. Reeves, Planner /A--
DATE: March 17,2017
STRATEGIC PLAN LINK: None
BACKGROUND: Commission has directed staff to prepare an ordinance that would regulate artificial
lighting that would impact nesting sea tmtles and their hatchlings. Staff has drafted the attached ordinance
largely based on the Model Lighting Ordinance provided by the Florida Fish and Wildlife Commission
(FWC) and in the Florida Administrative Code. Staff has worked with the Beaches Sea Turtle Patrol and
the FWC to create the draft ordinance.
One major difference from the Model Lighting Ordinance is a change in terminology that was
recommended by the FWC with the goal of making the ordinance easier to enforce while also providing a
better outcome. The change effected how light was viewed. In the Model Lighting Ordinance, an
enforcement official would have to determine if the beach was being illuminated by a specific light, while
the draft ordinance only requires that light be visible from the beach. This required some other tweaks tltat
would have restricted lighting that did not illuminate the beach, but was visible from the beach, which
would have been acceptable in the Model Lighting Ordinance.
New construction seaward of the Coastal Construction Control Line, primarily those east of Beach Avenue,
and east of Seminole Road nmth of20111 Street, would see no difference from how they are pe1mitted by the
state now. What would change is that the requirements of the draft ordinance would apply to all properties
along Beach Avenue and those prope11ies north of 20 111 Street and east of Seminole Road. This ensures that
all lighting that may impact sea tmtles is designed to be as minimally impactful as possible.
Existing prope1ties would not be subject to the same requirements as new construction, but they would be
required to make changes so that the point source of light and any reflective surfaces as a result of existing
lighting are not directly or indirectly visible from the beach. The change necessary could be as simple as
changing a light bulb or as complicated as swapping out an entire fixture . There is a proposed date of May
1, 2020 for these changes to be made.
Enforcement of this ordinance would be the responsibility of the City's Code Enforcement Division .
BUDGET: None.
RECOMMENDATION: To get Commission consensus to move the ordinance forward to first
reading on April I 0, 2017 and to set a Public Hearing for the second reading on April24, 2017.
ATTACHMENTS: Draft Ord. 95-17-.
1
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REVIEWED BY CITY MANAGER: ~
Agenda Item 8D
March 27, 2017
DRAFT 3/17/2017
ORDINANCE 95-17-
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
CHAPTER 5 BEACHES AND PARKS, TO ADD ARTICLE
IV, SEA TURTLE PROTECTION, INCLUDING PURPOSE
AND INTENT, DEFINITIONS, PROHIBITION OF
ACTIVITIES DISRUPTIVE TO MARINE TURTLES,
LIGHTING STANDARDS FOR NEW CONSTRUCTION,
STANDARDS FOR EXISTING LIQMTING, AND
ENFORCEMENT AND PENALTIES, .<PROVIDING FOR
CONFLICT, PROVIDING FOR S;E:YJijlti.BILITY, AND
PROVIDING AN EFFECTIVE DAl;JD;j;~):! . ~>>~·>~<"~/ ·,~·>>:::;;:~,_,
',"/,"," '··->~<:~::>
WHEREAS, the City of Atlantic a coastal city JiHij:C}pproximately 2.5 miles
shoreline on the Atlantic Ocean; and
WHEREAS, the City of important n~'~ting habitat for
endangered and threatened sea turtles;
developed with structures
·····",<
WHEREAS, scietiti~~ ,t;£ij(l1~~\d'tH),clude cetiain types of miificial lighting have a
.<t:~>'. _.,. ·':" '.:·:·-·. _·,---.,, ·.·,·,·.· ~~;<"." .".-.',·-~·''>>>-detrim~At~l.~ff~:;·~:~,~~s~i!tg sei~i:tJes anctille~~J:latchlings by inhibiting nesting and interfering
<: :> }\ ';:;;.~:;.. <
with the 1litU}'~l lighting c~~~,\!~ed by lJ,f!tchlings to properly orient to the open waters of the
>:.>>;< <;:~i-;~:;. -,:.:'>~-~-;
,·.,·,·:~>:~ ~---· '<,·
Atlantic Ocean;:iha. ';·_:\
"<;::~::~:::_. /;:;~::>;'
WHEREAS, ifi~tl1_e<q~s#'~ of the City Commission to regulate exterior and interior point
., __ <:::;z, -_:::_:;::~;:-'
sources of artificial lighti~~ f~ a manner that minimizes disturbances and the disorientation of
nesting sea tmiles and their hatchlings;
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF
THE CITY OF ATLANTIC BEACH, FLORIDA:
00775468-5 Page 1 of7
Agenda Item 8D
March 27, 2017
DRAFT 3/17/2017
SECTION 1. Regulation Added. The Code of Ordinances ofthe City of Atlantic Beach,
Florida, is hereby amended by adding a new miicle to Chapter 5, which shall read as follows:
"ARTICLE IV. -SEA TURTLE PROTECTION
Section 5-34. -Purpose and intent.
The purpose of this A.Iiicle is to protect the threatened and en491,1 gered sea tmiles that may nest
along the beaches of Atlantic Beach, Florida, by safeguar1j:!i~Z$fa tmile hatchlings and nesting
female sea turtles from artificial light. .·s~~~~~};Y
.... ~~:;;~~::~·")~~~~ .. ·:-· .. ,:«::::.-··~1* . ..... -;::·:x.~ ... ~v ·._,..,..., "-·
Section 5-35. -Definitions. ~::{~~)>~~/ ··.;,~\~]~~~\:.
For purposes of this A1iicle , the following te 1Jffi:~;$11:~ll have the me ~ii~)~ .. as set fmih within this
t . ·~:~~:t· ·4~~:~~· sec wn. ~~:;:;;... ::.~:::~';:, .. ~~~· ·'~\ ~~:::~:~ .. ''!!;:;:~x... ~.::~~;~~:~, ..;;:~~~·::~· ...
(a) Artificial light or artificial l.J g fzti ng shall m e~~:t he Urnt>emanating fro n'';~ny human-made
d . ,~;:~~·: :~ . ;..: . ':~ ... ··}yo.,/ <~~· ev1ce -:·:· ·~:·:~,:::, ··~t;.;::!if · . ~~~:=~:s:¥::).. '{\:;;~~-. "-~t\<:,;;~~=~l;-:-.. \$~:·.
(b) Beach shall mean the zone of :;Mp.collsSilt4i1ted mate~;ia.t.that extends landward from the
mean low wat ~J~-V~e to the 'J~f e w1i~J:~.~~~\1~re ~~#..w.:ked change in material or physiograp~p~~##:ilAH.~ the lin e~~hp err~W,B¥.nt%tg r.~ati6h}usually the effective limit of
Stol'll1 waves· :®:§: '-\: :·:·~··. <·'·'~:-. ,;.~~wv··:··. ··~-~,§~.;::.;, 9''":f .. , •. 'T.. ,, ... ..., ... ··-s ... ~,.. "'*''"~"''" ~~..._.....:-..;~·:~· ''\~.<:::~;'\ ..;.· •• --~"-!l,'-:~·.~ •, ~..-..~ ~-~ ~~ .. ,-.y '~;.:-; ::: \;·~-:·:-. '-:·':-.0.:·)·:0.''·" •,·,:·~.·· '·.;;:~.. ~~·::. •,:;.~·.·::;:;;; .. $X«~·. t.:;·~ -.;-..~;,{~
(c) City shall me a:£)~\~~ Ci!lillf Atlantic '\~~~ch , a municipal corporation of the State of
"~f;tt~fuz~"' '''*(qt~\1il~~r,.~~~,,
( d )::t ':®.irectly visibte:~s hall rri e,ap~the line \)H si'ght visibility of glowing element( s ), lamp( s ),
v!'-,• ·=--~· ~v.-. .... "".~v .·. ~ '-V.~ ·,'-Q,tJe:~e(s), or refle'Cts)l:Ql ) o fa:~Ar~ificiallight source by an observer standing on the beach.
(e) ~~;~1%4<\ll mean a ~~~d o ~~b f loose sediments , usually sand-sized, lying landward
•,• ·.·.··~ \;' ··~ of the M:a gh and d epo s i t ~o by any natural or miificial mechanism. ~;:::~~::;-.~ ~% ···,~:· *=~ ~~~~~
(f) Ground-lev i/l:~'Q ~J:r i ~i':;:slia ll me an any vegetation, natural feature or miificial structure
rising from the 'gr~:(h\il'>t.rhich prevents artificial lighting from being directly or indirectly
-.:.·.-~.··/ visible. ·<:::~?
(g) Hatchling(s) shall means any species of marine turtle, within or outside of a nest that has
recently hatched from an egg .
(h) Indirectly vis ible shall mean the line of sight visibility of reflected light as a result of the
glowing element(s), lamp(s), glob e(s), or reflector(s) of an artificial light source by an
observer standing on the beach .
oom46s-s Page 2 of 7
&
Agenda Item 8D
March 27, 2017
DRAFT 3/17/2017
(i) Line-of-sight shall mean a visual path emanating from an average eye level. Average eye
level is defined to be five feet above the ground level.
G) Long wavelength lighting shall mean light bulbs or diodes that produce light that
measures greater than 560 nanometers and absent wavelengths below 560 nanometers on
a spectroscope, which include low-pressure sodium (LPS), true red neon, red, orange, or
amber light-emitting diode (LED), or other lighting sources that produce light that
measures greater than 560 nanometers and absent wavelengths below 560 nanometers.
(k) Marine turtle shall mean any marine-dwelling reptil~hof the families Cheloniidae or
Dermochelyidae found in Florida waters or using th~-:b~lch as nesting habitat, including
the species Caretta caretta (loggerhead, Chelonia:-:fuY~as (green), De1mochelys coriacea
(leatherback), Eretmochelys imbricate (haw}\:S~lJi}%~4 Lepidochelys kempi (Kemp's
ridley) For purposes of this A1iicle, mari~~:~1iie is s§il&it~fllous with sea turtle.
(l)
(m)
(n)
(o)
(p)
Nest shall mean an area where m<:J:~i!{~;fitGile eggs have':~~~11;,naturally deposited or
subsequent! y relocated. : ~::: , :,, .,
Nesting season shall mean th~ period ;r~~;w~Y. J:%iJiigh Octob:: ;~'')l:f,each year.
.,::':::-',·:.,>' ·-<~~~~;~=~~~::~::>' '-',>·· <;::~;:::;.:->>>>,'\, . -:<<<~::·;:~-
Nighttime shall mean the lob~llyef{~<:;tive time peH<i'4 between sunset and sunrise.
Per son shall me;m ))ldi vidual;;,~~;, kiil)il~!i9ns: ~~~~{N,ntures, partnerships, estates,
trusts, syndiq~t~$~~n<:l~:gi.(;'lries, cmpoJ'ation~~:ima:~}l~pther'gf:Bups or combinations. :; ;~:~;~<:· '. •:;: ), \;~~h :{i1%i1~;:· :~;;;:~}::;
Point Sourde:sq!lll mean th~:bulb, lanipf>i@owing elements of a fixture from which light
is emitted. :::;.:.> >::' ·~:;~:,
", -~':'_;::: ___ , ._.-·~:<·, .;:::::;·· ,, ::: ::,, ,' -'<">'->'·' '.",·,--·-·----_ .:-----> 'N,',:/:: ,-·-',', /,:::::~;;;'\
( q) .::::$~~.TttFtl~f>}fqt~cti~h3J}g~ sh~ll fu~~Ji@ aii~~:where land either (i) has frontage on Beach
.:·)j~~enue; (ii)ls·I~·~~ted\v#wp the Clbist~J;~condominium development; or (iii) is located
• · :e~::;tward of Sem1i#~1.e Road;frpm 20th Street nmihward to the City limits.
'>c •, c <<;~:.' ~;,,. '" < , '•
(r)
(s)
Sht~ldeci.shall mean ~)lght fixtJt~\vhich is constructed in a mam1er that the point source
is not Cli~~£1ly visible ~r(j~ the beach.
"<:;::::::~:,' ,~<::~~;>:·
Tinted glas~·§h;:~.Jl };ll¢~~;·any glass treated to achieve an industry-approved, inside-to
outside light tl:~'iis@tfance value of 45% or less. Such transmittance is limited to the
visible spectrum (4bb to 700 nanometers) and is measured as the percentage oflight that
is transmitted through the glass.
Section 5-36. -Prohibition of activities disruptive to marine turtles.
The following activities are prohibited on the beach at nighttime during the nesting season:
00775468-5 Page 3 of7
Agenda Item 8D
March 27, 2017
DRAFT 3/17/2017
(a) The operation of all motorized vehicles, except emergency and law enforcement vehicles,
those permitted to be on the beach for marine turtle conservation or research, or those
permitted to be on the beach by the City Manager.
(b) The building of campfires or bonfires.
Section 5-37.-Lighting standards for new construction.
In addition to the requirements of the Florida Building Code and other regulating entities as of the
effective date of this Article , 20 17), the following Iighting standards shall be required
for all construction activities occurring within the sea turtl~<:pf~t~Ction area.
/:~{·?:>·>:>:/
(a)
(b)
(c)
Exterior artificial light fixtures shall be desigr~¥afl'~,~qsitioned so that the point source
oflight or any reflective surface from a ligh{'fixiure ishptgirectly or indirectly visible.
,-.,·. " ·",' ·, <<··<:, ;:>
Exterior artificial light fixtures withiil}lrrl~-of-sight of the b:~4~h shall be designed as
follows: , ::{~( ' : >:
(1) Completely shielded .dpwnlight ~~JfuNiM':%, recessed:~~~s having low
wattage, long waveleB.gtlflight sourcestvlth$6n-reflective interiC>l surfaces. Other
fixtures that have app1'dp1;i~t~shields, louv6~~~}pr cut-off features may also be used
if they are in compliand~withp&t~gn;tph (a) l8~J:~; and
·~:>'),, <·:,_;,~.;_:.:.:~-; <·.~::~::::~:'>,_
<-<·;>;_:;~:>""'<. •, '\~;~;~> <:::::~;::,::<-'>"' . <::~.:;::~~-:
(2) All fixtgt~~,<~JJ.~Ur:pe mounteP,j;;(:ls lovy:iti::el~YC!tion as)possible through use of low-
mount~&wall fi:iffir~~' low b6ti4rd~;~pd/or':gr~\il:J,Q-level fixtures.
Floodlight~,~;ilj'ggts m'r:*tlights d~i~~d for dec:::~ve and accent pm]Joses that are
dirept)y<cwJndire6t1)':);:i~1~1~ §]1'~1~}}5lt be \1:s~g.
,<<:::·;:·;··' ''.' '/,·--->>·-·) "'·' -, ,·,'/-' :.''. \ ·,·~· '
/ ,' ,•, 0 --<:·'>~;:;>·~ •>' :"',V~ •,,',';~~:~;~::~:v> -v '·<?:;;
(d): ;:E;:Xterior artifi6l~l;Jigh(fi){:wres used>e~pressly for safety or security purposes shall be '< ,-,, -.; •':",',\, .-; -_-,-J• ---'
(e)
> limited to the minimum riliful:>.~r and configuration required to achieve their functional
r81¢{~). The use ofh19tipn dete¥tws that keep lights off except when approached and that
switclrlights off with{n5, minut~s:are required.
"/ -/~ \::)<:::~~-
,;<;:;?<:'-': ;>:::<<~
Only long W:ayelength~Ji~hting shall be used in parking areas within line-of-sight of the
beach. Suchfig]1tir~~(~~:i11 be:
(1) Set on a ba~~ 'Which raises the source of light no higher than 48 inches above the
ground; and
(2) Positioned or shielded so that the light is cast downward and the source of light or
any reflective surface from the light fixture is not directly or indirectly visible.
(f) Parking areas and roadways, including any paved or unpaved areas upon which
motorized vehicles will park or operate, shall be d~signed and located to prevent
vehicular headlights from being directly visible.
oo77546s-5 Page 4 of 7
Agenda Item 8D
March 27, 2017
DRAFT 3/17/2017
(g) Vehicular lighting, parking area lighting, and roadway lighting shall be shielded from the
beach through the use of ground-level barriers. Ground-level baiTiers must not interfere
with marine turtle nesting or hatchling emergence, or cause shmi-or long-term damage
to the beach/ dune system.
(h) Tinted glass shall be installed on all windows and glass doors of single or multi-story
structures within line-of-sight of the beach.
(i) Use of appropriately shielded downward-directed fi)l:ffires fitted with long wavelength
light sources shall be required for parking areas, .. r()~{lways and similar high-intensity
lighting applications. , <~.::. /'
G) Temporary lighting of construction sites 4m~IK~•The Ill~t4f\~. turtle nesting season shall be
restricted to the minimal amount necess~gCahd shall inc6i}:>'(>rl:tte all of the requirements
of this section. // · :• :• · >' ·
Section 5-38.-Standards for existing lighti:~. <cSL ··\.. 'i!i•;ci·<
No later than May I , 2020, all ownef~ ~fi\\OJ>eity loc:~~d@itg~~he sea turtle !.Jfgction area shall
determine if any existing miificiallig:Q.tjpg~()n.~heir propeftYjs directly or indirectly visible and
take the following coiTective actions td:~~dl12e(@~liminate th¢negative effects of such miificial
lighting: .. _ .. '<:~\ ····•;:~;::}:>. ::·:·•
(a) One (1) m:::thSt~~1fh~·followin~·m~.~sM~:)~~Jlf@·~·t~k~~ to reduce or eliminate the
negative eff~~tspf existii}g~~xterior ~Hi~&~llighting ~b that the point source of light or
any reflective·~4r~Cl,l)e a l~g]J_i,fixture is·~~t·4irectly or indirectly visible:
'< ·./ .• . . .'/,·.·;:;:;;::·-. ··~:;:;:_;.
<(1)' . ·~~~@sitiqJ1 fi~f~f~~ ~~·t~~tth~points~urce of light or any reflective surface is no
:: • longet:·au:estly ori~ittrectly visibl~I> .
• \~~) :;:Replace fi~~j~;gkha::~~.~D.. exposed light source with fixtures containing recessed
<:!igbt sources or:~}#~lds; \; ;
·>·--,
(3) Re~i~~~traditioJ~flight bulbs with low wattage, long wavelength light sources;
·::?<,· : .... , -"~~::: :~::?
(4) Replace~6~~44·~€tional fixtures with directional fixtures that point down and away
from the beatlf;
(5) Replace fixtures having transparent or translucent coverings with fixtures having
opaque shields covering an arc of at least 180 degrees and extending an appropriate
distance below the bottom edge of the fixture on the seaward side so that the light
source or any reflective surface of the light fixture is not directly or indirectly
visible;
oon5468-5 Page 5 of 7
Agenda Item 8D
March 27, 2017
(b)
(6)
(7)
(8)
(9)
(10)
DRAFT 3/17/2017
Replace pole lamps with low-profile, low-level luminaries so that the light source
or any reflective surface is not directly or indirectly visible;
Replace incandescent, fluorescent, and high intensity lighting with the lowest
wattage, long wavelength lighting possible for the specific application;
Plant or improve vegetation buffers between the light source and the beach to screen
artificial light;
Construct a ground-level batTier to shield lights~~rces from the beach. Ground-
level barriers must not interfere with marine tlf{·t1~:nesting or hatchling emergence,
or cause short-or long-term damage to the<~~~¢Jildune system;
/' '~, <.' '"'
Permanently remove or permanently<JJ~-~BI~:-:~~(~~t~n·e which cannot be brought
into compliance with the provisio.vs.9i~hese standdt:d~;:.
,-<>>>> ,-,'/
(1) Window tint or film
ReatTang~ li:i111PS and vuJ.v.L:>L.L.LV ealJie:ti~~t)..lres ~$~~::;ft,·om windows;
:::::.:o~-~ {~, ::;:~>. <~~,~:~:::~;
Use wirido~ t~:~Mrirents
beach';' :{;[ ·\ :;·\
---' '-' . /:~;: ;: ~~:~
( 4):· c]l!l,].}Off U~~C~~s~iym~Qf~:;;;, .
(2)
(3)
(c)( Eiterior light~usyd eicp!:essly fo1:>~~fety::or security purposes shall be limited to the
<>)nivimum numb~f@.d c01ifiguration required to achieve their functional role(s). The use
ofihotion detectors: tb&t keep llghts off except when approached and that switch lights
offWithi11 5 minutes-at~Jequir~ct>
'<~:~-\:.<~ :•, _-,·\
(a)
(b)
00775468-5
,•_-,' >·,
The City shall h~vfth.~~b'wer to enforce the provisions of this Article by code enforcement
proceedings as set olifin Chapter 2, Article V, Division 2, City of Atlantic Beach Code of
Ordinances, as amended, including without limitation, all penalties, fines and interest, and
F.S. Chapter 162, as amended.
No permit for a Certificate of Occupancy shall be issued by the City for any property in
violation of this Article, unless the permit includes corrective actions as outlined in this
Aliicle.
Page 6 of7
Agenda Item 8D
March 27, 2017