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Item 7A- Ordinance No. 95-17-114Agenda Item 7A April 24, 2017 AGENDA ITEM: SUBMITTED BY: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT Sea Turtle Protection Ordinance No. 95-17-114 Derek W. Reeves, Planner April 11, 2017 BACKGROUND: This item was previously discussed at the March 27, 2017 regular Commission Meeting where it was moved forward and approved at First Reading on April 10, 2017. The Second Reading and Public Hearing are set for April24, 2017. Staff was asked to bring additional statistics on citations and notice of violations back to the next meeting, but that information was not available at the time of writing this report. Possible changes were discussed related to the removal of regulations related to indirectly visible. A redline draft is included showing those changes. A question arose about the disturbance or interference with sea turtles and who oversees that. State Statute 379.2431 defines the protections in place for sea turtles and the penalties for violations. This is enforced by the law enforcement division of the Florida Fish and Wildlife Commission. BUDGET: None. RECOMMENDATION: To approve Ordinance No. 95-17-114 as read by title on Second Reading. ATTACHMENT(S): Ordinance No. 95-17-114, Indirectly Visible Draft Ordinance. State Statute 379.2431 Marine Animals; Regulation LINK(S): None. REVIEWEDBYCITYMANAGER: ~4 ~4't~6' Agenda Item 7A April 24, 2017 ORDINANCE 95-17-114 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 LIGHTING, AND ENFORCEMENT AND PENALTIES, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach is a coastal city with approximately 2.5 miles shoreline on the Atlantic Ocean; and WHEREAS, the City of Atlantic Beach's shoreline provides important nesting habitat for endangered and threatened sea turtles; and WHEREAS, the City of Atlantic Beach's shoreline is heavily developed with structures utilizing artificial lighting; and WHEREAS, scientific studies conclude that certain types of artificial lighting have a detrimental effect on nesting sea turtles and their hatchlings by inhibiting nesting and interfering with the natural lighting cues used by hatchlings to properly orient to the open waters of the Atlantic Ocean; and WHEREAS, it is the desire of the City Commission to regulate exterior and interior point sources of artificial lighting in a manner that minimizes disturbances and the disorientation of nesting sea turtles and their hatchlings; BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Page 1 of7 Agenda Item 7A April 24, 2017 SECTION 1. Regulation Added. The Code of Ordinances ofthe City of Atlantic Beach, Florida, is hereby amended by adding a new article to Chapter 5, which shall read as follows: "ARTICLE IV. -SEA TURTLE PROTECTION Section 5-34. -Purpose and intent. The purpose of this Article is to protect the threatened and endangered sea turtles that may nest along the beaches of Atlantic Beach, Florida, by safeguarding sea turtle hatchlings and nesting female sea turtles from artificial light. Section 5-35. -Definitions. For purposes of this Article, the following terms shall have the meanings as set forth within this section. (a) Artificial light or artificial lighting shall mean the light emanating from any human-made device. (b) Beach shall mean the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. (c) City shall mean the City of Atlantic Beach, a municipal corporation of the State of Florida. (d) Directly visible shall mean the line of sight visibility of glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source by an observer standing on the beach. (e) Dune shall mean a mound or ridge ofloose sediments, usually sand-sized, lying landward of the beach and deposited by any natural or artificial mechanism. (f) Ground-level barrier shall mean any vegetation, natural feature or artificial structure rising from the ground which 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 visible shall mean the line of sight visibility of reflected light as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source by an observer standing on the beach. Page 2 of7 Agenda Item 7A April 24, 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. (j) 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 reptile of the families Cheloniidae or Dermochelyidae found in Florida waters or using the beach as nesting habitat, including the species Caretta caretta (loggerhead, Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricate (hawksbill), and Lepidochelys kempi (Kemp's ridley) For purposes of this Article, marine turtle is synonymous with sea turtle. (1) Nest shall mean an area where marine turtle eggs have been naturally deposited or subsequently relocated. (m) Nesting season shall mean the period from May 1 through October 31 of each year. (n) Nighttime shall mean the locally effective time period between sunset and sunrise. ( o) Person shall mean individuals, firms, associations, joint ventures, partnerships, estates, trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. (p) Point Source shall mean the bulb, lamp or glowing elements of a fixture from which light is emitted. (q) Sea Turtle Protection Area shall mean an area where land either (i) has frontage on Beach Avenue; (ii) is located within the Cloister condominium development; or (iii) is located eastward of Seminole Road from 20th Street northward to the City limits. (r) Shielded shall mean a light fixture which is constructed in a manner that the point source is not directly visible from the beach. (s) Tinted glass shall mean any glass treated to achieve an industry-approved, inside-to outside light transmittance value of 45% or less. Such transmittance is limited to the visible spectrum ( 400 to 700 nanometers) and is measured as the percentage of light 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: Page 3 of7 Agenda Item 7A April 24, 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 , 2017), the following lighting standards shall be required for all construction activities occurring within the sea turtle protection area. (a) Exterior artificial light fixtures shall be designed and positioned so that the point source of light or any reflective surface from a light fixture is not directly or indirectly visible. (b) Exterior artificial light fixtures within line-of-sight of the beach shall be designed as follows: (1) Completely shielded downlight only fixtures or recessed fixtures having low wattage, long wavelength light sources with non-reflective interior surfaces. Other fixtures that have appropriate shields, louvers, or cut-off features may also be used if they are in compliance with paragraph (a) above; and (2) All fixtures shall be mounted as low in elevation as possible through use of low- mounted wall fixtures, low bollards, and/or ground-level fixtures. (c) Floodlights, up-lights or spotlights designed for decorative and accent purposes that are directly or indirectly visible shall not be used. (d) Exterior artificial light fixtures used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detectors that keep lights off except when approached and that switch lights off within 5 minutes are required. (e) Only long wavelength lighting shall be used in parking areas within line-of-sight of the beach. Such lighting shall be: (1) Set on a base 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 designed and located to prevent vehicular headlights from being directly visible. Page 4 of7 Agenda Item 7A April 24, 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 barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short-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 fixtures fitted with long wavelength light sources shall be required for parking areas, roadways and similar high-intensity lighting applications. (j) Temporary lighting of construction sites during the marine turtle nesting season shall be restricted to the minimal amount necessary and shall incorporate all of the requirements of this section. Section 5-38. -Standards for existing lighting. No later than May 1, 2020, all owners of property located within the sea turtle protection area shall determine if any existing artificial lighting on their property is directly or indirectly visible and take the following corrective actions to reduce or eliminate the negative effects of such artificial lighting: (a) One (1) or more of the following measures shall be taken to reduce or eliminate the negative effects of existing exterior artificial lighting so that the point source of light or any reflective surface a light fixture is not directly or indirectly visible: (1) Reposition fixtures so that the point source of light or any reflective surface is no longer directly or indirectly visible; (2) Replace fixtures having an exposed light source with fixtures containing recessed light sources or shields; (3) Replace traditional light bulbs with low wattage, long wavelength light sources; (4) Replace non-directional fixtures with directional fixtures that point down and away from the beach; (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; Page 5 of7 Agenda Item 7A April 24, 2017 (6) Replace pole lamps with low-profile, low-level luminaries so that the light source or any reflective surface is not directly or indirectly visible; (7) Replace incandescent, fluorescent, and high intensity lighting with the lowest wattage, long wavelength lighting possible for the specific application; (8) Plant or improve vegetation buffers between the light source and the beach to screen artificial light; (9) Construct a ground-level barrier to shield light sources from the beach. Ground- level barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short-or long-term damage to the beach/dune system; (1 0) Permanently remove or permanently disable any fixture which cannot be brought into compliance with the provisions of these standards. (b) One (1) or more of the following measures shall be taken to reduce or eliminate the negative effects of interior light emanating from doors and windows within line-of-sight of the beach: (1) Window tint or film shall be installed that meets the standards for tinted glass; (2) Rearrange lamps and other moveable fixtures away from windows; (3) Use window treatments (e.g., blinds, curtains) to shield interior lights from the beach; (4) Tum offunnecessary lights. (c) Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detectors that keep lights off except when approached and that switch lights off within 5 minutes are required. Section 5-39.-Enforcement and penalties. (a) The City shall have the power to enforce the provisions of this Article by code enforcement proceedings as set out in 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. (b) 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 Article. Page 6 of7 Agenda Item 7A April 24, 2017 SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this ordinance are repealed to the extent inconsistent herewith. SECTION 3. Severability. If any section, subsection, sentence, clause or phrase or provision of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not be construed to render the remaining provisions of this ordinance invalid or unconstitutional. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this lOth day of April, 2017. PASSED by the City Commission on second reading this 24th day of April, 2017. ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney CITY OF ATLANTIC BEACH Mitchell E. Reeves, Mayor Page 7 of7 Agenda Item 7A April 24, 2017 ~ e>v't I . ~ . " 51'(1 .. , ~\; ~~ ~ .. S'o(\ . \''\' oRDINANCE 95-17-114 -1 !A'; ve \A~,(~ c t -1J~ AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, v 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 LIGHTING, AND ENFORCEMENT AND PENALTIES, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Atlantic Beach is a coastal city with approximately 2.5 miles shoreline on the Atlantic Ocean; and WHEREAS, the City of Atlantic Beach's shoreline provides important nesting habitat for endangered and threatened sea turtles; and WHEREAS, the City of Atlantic Beach's shoreline is heavily developed with structures utilizing artificial lighting; and WHEREAS, scientific studies conclude that certain types of artificial lighting have a detrimental effect on nesting sea turtles and their hatchlings by inhibiting nesting and interfering with the natural lighting cues used by hatchlings to properly orient to the open waters of the Atlantic Ocean; and WHEREAS, it is the desire of the City Commission to regulate exterior and interior point sources of artificial lighting in a manner that minimizes disturbances and the disorientation of nesting sea turtles and their hatchlings; BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Pagelof7 Agenda Item 7A April 24, 2017 SECTION 1. Regulation Added. The Code of Ordinances ofthe City of Atlantic Beach, Florida, is hereby amended by adding a new article to Chapter 5, which shall read as follows: "ARTICLE IV. -SEA TURTLE PROTECTION Section 5-34. -Purpose and intent. The purpose of this Article is to protect the threatened and endangered sea turtles that may nest along the beaches of Atlantic Beach, Florida, by safeguarding sea turtle hatchlings and nesting female sea turtles from artificial light. Section 5-35. -Defmitions. For purposes of this Atiicle, the following terms shall have the meanings as set forth within this section. (a) Artificial light or artificial lighting shall mean the light emanating from any human-made device. (b) Beach shall mean the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. (c) City shall mean the City of Atlantic Beach, a municipal corporation of the State of Flmida. (d) Directly visible shall mean the line of sight visibility of glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source by an observer standing on the beach. (e) Dune shall mean a mound or ridge ofloose sediments, usually sand-sized, lying landward of the beach and deposited by any natural or artificial mechanism. (f) Ground-level barrier shall mean any vegetation, natural feature or artificial structure rising from the ground which 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) lful-irectly visible shall mean the line of sight visibility of reflected light as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source by an observer standing on the beach. Page 2 of7 Agenda Item 7A April 24, 2017 f:BfJ!l.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. ffilll_L ong 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. t*jffiMarine turtle shall mean any marine-dwelling reptile of the families Cheloniidae or Dermochelyidae found in Florida waters or using the beach as nesting habitat, including the species Caretta caretta (loggerhead, Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricate (hawksbill), and Lepidochelys kempi (Kemp's ridley) For purposes ofthis Article, marine turtle is synonymous with sea turtle. fljfkl_Nest shall mean an area where marine turtle eggs have been naturally deposited or subsequently relocated. tmt.l.!Cl.L) -~Nesting season shall mean the period from May 1 through October 31 of each year. WCm) Nighttime shall mean the locally effective time period between sunset and sunrise. fej(n) Person shall mean individuals, firms, associations, joint ventures, partnerships, estates, trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. WC o) Point Source shall mean the bulb, lamp or glowing elements of a fixture from which light is emitted. fEB(p) Sea Turtle Protection Area shall mean an area where land either (i) has frontage on Beach A venue; (ii) is located within the Cloister condominium development; or (iii) is located eastward of Seminole Road from 20th Street northward to the City limits. ffJ{sll Shielded shall mean a light fixture which is constructed in a manner that the point source is not directly visible from the beach. fsffjj_Tinted glass shall mean any glass treated to achieve an industry-approved, inside-to outside light transmittance value of 45% or less. Such transmittance is limited to the visible spectrum (400 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: Page 3 of7 Agenda Item 7A April 24, 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 , 2017), the following lighting standards shall be required for all construction activities occurring within the sea turtle protection area. (a) Exterior artificial light fixtures shall be designed and positioned so that the point source oflight or any reflective surface from a light fixture is not directly or indirectly visible. (b) Exterior artificial light fixtures within line-of-sight of the beach shall be designed as follows: (1) Completely shielded downlight only fixtures or recessed fixtures having low wattage, long wavelength light sources with non-reflective interior surfaces. Other fixtures that have appropriate shields, louvers, or cut-off features may also be used if they are in compliance with paragraph (a) above; and (2) All fixtures shall be mounted as low in elevation as possible through use of low- mounted wall fixtures, low bollards, and/or ground-level fixtures. (c) Floodlights, up-lights or spotlights designed for decorative and accent purposes that are directly or indirectly visible shall not be used. (d) Exterior artificial light fixtures used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detectors that keep lights off except when approached and that switch lights off within 5 minutes are required. (e) Only long wavelength lighting shall be used in parking areas within line-of-sight of the beach. Such lighting shall be: (1) Set on a base 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 designed and located to prevent vehicular headlights from being directly visible. Page 4 of7 Agenda Item 7A April 24, 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 barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short-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 fixtures fitted with long wavelength light sources shall be required for parking areas, roadways and similar high-intensity lighting applications. (j) Temporary lighting of construction sites during the marine turtle nesting season shall be restricted to the minimal amount necessary and shall incorporate all of the requirements of this section. Section 5-38. -Standards for existing lighting. No later than May 1, 2020, all owners of property located within the sea turtle protection area shall determine if any existing artificial lighting on their property is directly or indirectly visible and take the following corrective actions to reduce or eliminate the negative effects of such artificial lighting: (a) One (1) or more of the following measures shall be taken to reduce or eliminate the negative effects of existing exterior artificial lighting so that the point source of light or any reflective surface a light fixture is not directly or indirectly visible: (1) Reposition fixtures so that the point source of light or any reflective surface is no longer directly or indirectly visible; (2) Replace fixtures having an exposed light source with fixtures containing recessed light sources or shields; (3) Replace traditional light bulbs with low wattage, long wavelength light sources; (4) Replace non-directional fixtures with directional fixtures that point down and away from the beach; (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; Page 5 of7 Agenda Item 7A April 24, 2017 (6) Replace pole lamps with low-profile, low-level luminaries so that the light source or any reflective surface is not directly or indirectly visible; (7) Replace incandescent, fluorescent, and high intensity lighting with the lowest wattage, long wavelength lighting possible for the specific application; (8) Plant or improve vegetation buffers between the light source and the beach to screen artificial light; (9) Construct a ground-level barrier to shield light sources from the beach. Ground- level barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short-or long-te1m damage to the beach/dune system; (1 0) Permanently remove or permanently disable any fixture which cannot be brought into compliance with the provisions of these standards. (b) One (1) or more of the following measures shall be taken to reduce or eliminate the negative effects of interior light emanating from doors and windows within line-of-sight of the beach: (1) Window tint or film shall be installed that meets the standards for tinted glass; (2) Rearrange lamps and other moveable fixtures away from windows; (3) Use window treatments (e.g., blinds, curtains) to shield interior lights from the beach; (4) Tum offunnecessary lights. (c) Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detectors that keep lights off except when approached and that switch lights off within 5 minutes are required. Section 5-39.-Enforcement and penalties. (a) The City shall have the power to enforce the provisions of this Article by code enforcement proceedings as set out in 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. (b) 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 Article. Page 6 of7 Agenda Item 7A April 24, 2017 SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the City or any of its officials and in conflict with this ordinance are repealed to the extent inconsistent herewith. SECTION 3. Severability. If any section, subsection, sentence, clause or phrase or provision of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not be construed to render the remaining provisions of this ordinance invalid or unconstitutional. SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this lOth day of April, 2017. PASSED by the City Commission on second reading this 24th day of April, 2017. ATTEST: Donna L. Bartle, City Clerk Approved as to form and correctness: Brenna M. Durden, City Attorney CITY OF ATLANTIC BEACH Mitchell E. Reeves, Mayor Page 7 of7 Agenda Item 7A April 24, 2017 379.2431 Marine animals; regulation.- (1) PROTECTION OF MARINE TURTLES.- (a) This subsection may be cited as the "Marine Turtle Protection Act." (b) The Legislature intends, pursuant to the p r ovisions of this subsection, to ensure that the Fish and Wildlife Conservation Commission has the appropriate authority and resources to implement its responsibilities under the recovery plans of the United States Fi sh and Wildlife Service for the following species of marine turtle: 1. Atlantic loggerhead turtle (Caretta caretta). 2. Atlantic green turtle (Chelonia mydas). 3. Leatherback turtle ( Dermochelys coriacea). 4. Atlantic hawksbill turtle (Eretmochelys imbricata). 5. Atlantic ridley turtle (Lepidochelys kempi). (c) As used in this subsection, the following phrases have the following meanings: 1. A "properly accredited person" is: a. Students of colleges or universities w h ose studies with saltwater animals are under the direction of their teacher or professor; or b. Scientific or technical faculty of public or private colleges or universities; or c. Scientific or technical employees of private research institutions and consulting firms; or d. Scientific or technical employees of city, county, sta t e, or federal research or regulatory agencies; or e. Members in good standing or recognized and properly chartered conservation organizations, the Audubon Society, or the Sierra Cl ub; or f. Persons affiliated with aquarium facilities or museums, or contracted as an agent therefor, which are open to the pub l ic with or without an admission fee; or g. Persons without specific affiliations l isted above, but who are recognized by the commission for their contributions to marine conservation such as scientific or technical publications, or through a history of cooperation with the commission in conservation programs such as turtle nesting surveys, or through advanced educational programs such as high school marine science centers. 2. "Take" means an act that actually kills or injures marine turtles, and includes significant habitat modification or degradation that kills or injures marine turtles by significantly impairing essential behavioral patterns, such as breeding, feed i ng, or sheltering. (d) Except as authorized in this paragraph, or unless otherwise provided by the Federal Endangered Species Act or its implementi ng regu l ations, a person, firm, or corporation may not knowingly possess, take, disturb, mutilate, destroy, cause to be destroyed, transfer, sell, offer to sell, molest, or harass any marine turtle species or hatchling, or parts thereof, or the eggs or nest of any marine turtle species described in this subsection. The commission may: 1. Issue a special permit or loan agreement to a person, firm, or corporation to possess a marine turtle species or hatchling, or parts t h ereof, i ncluding nests or eggs, for scientific, education, or exhibition purposes, or for conservati on activities such as the relocation of nests, eggs, or marine turtles or hatchlings away from construction sites. Notwithstanding other provisions of law, the commission may issue such special permit or loan agreement to a properly accredited person as defined in paragraph (c) for the purposes of marine turtle conservation. 2. Adopt rules pursuant to chapter 120 to prescribe terms, conditions, and restrictions for marine turtle conservation , and to permit the possession of marine turtle species or hatchlings, or parts thereof, including nests or eggs. (e)l. A person, firm, or corporation that commits any act prohibited in paragraph (d) involving any egg of any marine turtl e species described in this subsection shall pay a penalty of $100 per egg in addition to other penalties provided in this paragraph. Agenda Item 7A April 24, 2017 2. A person, firm, or corporation that illegally possesses 11 or fewer eggs of any marine turtle species described in this subsection commits a first degree misdemeanor, punishable as provided in ss. 775.082 and 775.083 . 3. For a second or subsequent violation of subparagraph 2 ., a person, firm, or corporation that illegally possesses 11 or fewer eggs of any ma r ine turtle species described in th i s subsection commits a third degree felony, punishable as provided in s . 7 7 5.0 82, s . 7 75.083 , or s. 775.084. 4. A person, firm, or corporation that illegally possesses more than 11 eggs of any marine turtle species described in this subsection commits a third degree felony, punishable as provided in s. 775.082, s. 775 .083, or s. 775 .084 . 5. A person, firm, or corporation that illegally takes, disturbs, mutilates, destroys, causes to be destroyed, transfers, sells, offers to se l l, molests, or harasses any marine turtle species or hatchling, or parts thereof, or the eggs or nest of any marine turtle species described in this subsection, commits a third degree felony, punishable as provided ins. 775.082, s. 775.083, or s. 775 .08 4 . 6. A person, firm, or corporation that illegally possesses any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in this subsection, commits a felony of the third degree, punishable as provided in s. 775.08 2, s. 775.083, or s . 775.084. 7. Notwithstanding s. 777.0 4 , a person, firm, or corporation that solicits or conspires w ith another person, firm, or corporation, to commit an act prohibited by this subsection commits a felony of the third degree, punishable as provided in s . 77 5 .082, s. 77 5 .08 3, or s. 775 .084. 8. The proceeds from the penalties assessed pursuant to this paragraph sha l l be deposited into the Marine Resources Conservation Trust Fund. (f) Any application for a Department of Environmental Protection permit or other type of approval for an activity that affects marine turtles or the i r nests or habitat shall be subject to conditions and requirements for marine turtle protection as part of the permitting or approval process . (g) The Department of Environmental Protection may conditi on the nature, t i ming , and sequence of construction of permitted activities to provide protection to nesting marine turtles and hatchlings and their habitat pursuant to s. 16 1.053{4). If the department is considering a permit for a beach restoration, beach renourishment, or in l et sand transfer project and the applicant has had an active marine turtle nest relocation program or the applicant has agreed to and has the ability to administer a p r ogram, the department may not restrict the timing of the project. If appropriate, the department, in accordance with the applicable rules of the Fish and Wildlife Conservation Commission, shall require as a condition of the permit that the applicant re locate and monitor all turtle nests that would be affected by the beach restoration, beach renourishment, or sand transfer activiti es. Such relocation and monitoring activities sha l l be conducted in a manner that ensures successful hatching. This limitation on the department's authority applies only on the Atlantic coast of Florida. {h) The department shall recommend denia l of a permit application if the activity would result in a "take" as defined in this subsection, unless, as provided for in the federal Endangered Species Act and its implementing regulations, such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. (i) The department shall give special consideration to beach preservation and beach nourishment projects that restore habitat of endangered marine turtle species. Nest relocation shall be considered for all such projects in urbanized areas. When an applicant for a beach restoration, beach renourishment, or in l et sand transfer project has had an active marine turtle nest relocation program or the app l icant has agreed to have and has the ability to administer a program, the department in issuing a permit for a project must not Agenda Item 7A April 24, 2017 restrict the timing of the project. Wh ere app r opriate, the department, in accordance with the applicable rules of the Fish and Wildlife Conservation Commission , shall require as a condition of the permit that the applicant re l ocate and monitor all turtle nests that would be affected by the beach restoration, beach reno urishment, or sand transfer activities. Such relocation and monitoring activities shal l be conducted in a manner that ensures successful hatching. This limitation on the department's a u thority applies only on the Atlantic coast of Florida.