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
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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.