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HomeMy WebLinkAboutChapter 659: Sea Turtle ProtectionFor Codification Codified Sept 91 ORDINANCE NO. 24-90 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA ESTABLISHING CHAPTER 659 , SEA TURTLE PROTECTION, OF THE CODE OF ORDI- NANCES; AMENDING CHAPTER 713 BY REPEALING SECTION 713 . 08 ; PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HERE- WITH ; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1 . Chapter 659, Sea Turtle Protection, of the Code of Ordinances is hereby established as follows: CHAPTER 659 SEA TURTLE PROTECTION Sec. 659 . 01 Statement of Purpose and Scope. A. The purpose of this Chapter is to protect the endangered and threatened sea turtles which nest along the Atlantic Ocean beaches in the City of Cape Canaveral, Florida, by safeguarding the nesting sea turtles and sea turtle hatchlings from sources of arti- ficial light on the beaches within the jurisdictional boundaries as defined by this Chapter . B. The scope of this Chapter shall be limited to that area defined herein as the jurisdictional bound- ary. Sec . 659. 03 Definitions. For the purpose of this Chapter, the following words and terms shall have the meanings ascribed to them unless the context clearly indicates otherwise . Administrator : The City Manager, or his designee, who is responsible for administering the provisions of this Chapter. Artificial Lighting (or Illumination) : Light ema- nating from a manmade device which includes at least one lamp. Beach: That area 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 vegeta- tion (usually the effective limit of storm waves) , as is defined in Chapter 16B-33, Florida Administrative Code. Footcandle: A measure of light intensity equal to one lumen per square foot . Hatchling : Any species of sea turtle, within or outside of a nest, which has recently hatched from an egg . Ordinance No. 24-90 Page 1 of 6 Jurisdicitional Boundary: The area of the beach and land extending landward from the beach along land adja- cent to the Atlantic Ocean. Lamp: A manmade device emanating light , including but not limited to incandescent, tungsten-iodine (quartz ) , mercury vapor, fluorescent, metal halide, neon, high pressure sodium, and low pressure sodium. Low Profile Lighting : A light fixture which places the source of light no higher than forty-eight ( 48) inches off the ground, and which is designed in such a way that light is directed downward from a hooded light source. Mechanical Raking : The act of raking the beach with a motor powered vehicle and a rake with prongs that are greater than three ( 3) inches long or what may be allowed by the Florida Department of Natural Resources following a storm. New Development : New construction and/or remodeling of existing structures when such remodeling includes alteration of exterior lighting . Person: An individual, corporation, partnership, incorporated association, governmental body or official or any other similar entity. Photometrics : Charts, which are normally provided with lighting sales literature, that describe the characteristics of the illumination cast by the lamps discussed in that literature . Post-Emergent Hatchling : A hatchling sea turtle that has successfully emerged from its incubation site and must traverse the open beach and surf . Sea Turtle: Any species of marine turtle including Caretta Caretta (loggerhead turtle) , Chelonia Mydas (green turtle) , and Dermochelys Coriacea (leatherback turtle ) using Brevard County beaches as a nesting habitat. [Ord. No. 24-90, §1, 5 Jun 90] Sec. 659 . 05 New Development. A. It is the policy of the City of Cape Canaveral to minimize artificial light illuminating within the jurisdicitional boundaries of this Chapter so as to reduce artificial light on the beaches . To meet this ' intent, building and electrical plans associated with parking lots, dune walkovers or other outdoor lighting for real property within the jurisdicitional boundaries shall be in compliance with the following : 1 . Except as set forth in Subsection ( 2) , below, no more than 0. 5 footcandles of artificial illumi- nation shall be cast upon the beach as defined by this Chapter. Appropriate techniques for reducing artificial illumination include , but are not limited to, fitting lights with hoods or shields, screening artificial light with vegetation or other devices, directing light away from beach area, utilizing low profile lighting, and lowering the light intensity of the lamps . 2. No more than two ( 2) footcandles of artifi- cial illumination shall be cast upon the beach when Ordinance No. 24-90 Page 2 of 6 the spectral distribution of the light bandwidths are between 560 and 620 nanometers. Commercially available lighting that satisfies the spectral criteria include low pressure sodium lamps. 3. No lamp shall be directly visible from the beach . The use of opaque materials for screening and hooding the lamps are techniques which may be used to limit visibility from the beach. 4. Parking lots where vehicle headlights may cast light onto the beach so as to be in violation of this Chapter shall be screened to eliminate excess light on the beach. 5. At the time building and electrical plans are submitted for public review, appropriate photo- metrics of the artificial lighting used shall be provided by the applicant . Photometrics shall include horizontal isolux charts and spectral distri- bution charts if appropriate. B. The provisions of this Chapter shall not apply to any structure for which a building permit or develop- ment order has been issued prior to the effective date of this Chapter. [Ord. No. 24-90, §1, 5 Jun 90] Sec. 659 . 07 Existing Development. A. It is policy of the City of Cape Canaveral to minimize artificial light illuminating within their jurisdictional boundaries so as to reduce artificial light on the beaches . To meet this intent, lighting of all structures which illuminate the beach shall be in compliance with the following by July 1 , 1990 1 . Artificial lighting shall conform to the provisions of Section 659. 05 (A) ; or 2. Artificial lighting used to illuminate buildings and grounds which directly or by refrac- tion or reflection illuminates the beach above the levels established in Section 659 . 05 shall be turned off from 9: 00 p.m. until 7: 00 a.m. every day during the period of May 1 to October 31 of each year . Automatic timers may be used to provide consistent compliance. [Ord. No. 24-90, §1, 5 Jun 90] Sec. 659 . 09 Publicly Owned Lighting . A. Street lights and lighting at parks and other publicly owned beach access areas within the jurisdic- tional boundaries of the City of Cape Canaveral shall be subject to the following : 1 . All new and replaced lamps shall not be directly visible from the beach. [drawing of a star] 2. Artificial lighting at parks or other public beach access points shall conform to the provisions of Section 659. 05 (A) of this Chapter. 3. Artificial lighting used to illuminate buildings and grounds which directly or by refrac- tion or reflection illuminates the beach above the levels established in Section 659 . 05 (A) shall be turned off from 9:00 p.m. until 7 : 00 a.m. every day Ordinance No. 24-90 Page 3 of 6 during the period of May 1 to October 31 of each year. Automatic timers may be used to provide consistent compliance. [Ord. No. 24-90, §1, 5 Jun 90] Sec. 659 . 11 Beach Activities . A. Fires shall be prohibited within the jurisdic- tional boundaries of this Chapter when such fires are visible from the beach from 9 : 00 p.m. until 7: 00 a .m. during the period of May 1 to October 31 of each year . B. Mechanical raking of beach within the jurisdic- tional boundaries of this Chapter shall be prohibited during the period of May 1 to October 31 of each year, except as exempted under Section 659. 13 (D). [Ord. No. 24-90, §1, 5 Jun 90] Sec . 659 . 13 Exemptions . A. Bonafide research or patrol vehicles may operate at night with no more artificial lighting than reason- ably necessary for safe operation on the beaches of Cape Canaveral provided, however, that the operators of such vehicles are authorized permittees of the Florida Department of Natural Resources or law enforcement officers. B. During the non-nesting season (November 1 through April 30 of each year) temporary lighting may occur . C . Temporary lighting utilized by public service agencies for emergency repairs may occur . D. In the aftermath of a natural event, such as a major storm or red tide , mechanical raking may occur if the beach area affected has been a part of a sea turtle monitoring program and a bonafide research agency, with a Florida Department of Natural Resources turtle permit, has certified that mechanical raking will not disturb any identified sea turtle nest and a copy of the required Florida Department of Natural Resources field permit, for mechanical raking , has been filed with and approved by the Brevard County division of codes and building services or its successor . E . Administrative Exemptions: 1 . Authority. It is the policy of the City of Cape Canaveral to minimize artificial light illumi- nating within the jurisdictional boundaries of this. Chapter so as to reduce artificial light on the beaches . However , the City of Cape Canaveral recognizes that the protection of sea turtles must be balanced with health, safety and welfare inter- ests of persons which may warrant more light or additional beach activity along some beaches . In recognition of the need to balance the interests of the sea turtle with interests of public safety, the administrator shall have the authority to exempt any lighting or activities affected by this Chapter from any or all provisions of these regulations upon written application in accordance with Section 659 . 13 (E) ( 3) . 2 . Considerations for granting exemption. In reaching a decision on a written application for exemption, the administrator shall consider the following: Ordinance No. 24-90 Page 4 of 6 a. It is determined that there will be no significant adverse effect upon the surrounding lands and waters. b. It is determined that there will be no significant adverse effect upon the environ- mental quality of the area. c. It is determined that public safety will be adversely affected to a significant degree should the exemption not be granted. d. The exemption, if granted, is the minimum exemption that will make possible reasonable protection of both the sea turtles and the public safety concerns . 3. Application for exemption under this Section shall be made in writing on a form provided by the administrator and shall include : a. A plan which shall depict the site, location of all buildings or structures on the site, and location of all lighting on site. b. Nature of the exemption requested. c. Written reasons why the exemption should be approved. d. Any additional necessary or appropriate items which the administrator may require. 4 . Denial of exemption . If the administrator denies the exemption, the applicant may file an appeal of the administrator 's written decision with the City Council of the City of Cape Canaveral . [Prd. No. 24-90, §1, 5 Jun 90] Sec. 659 . 15 Enforcement and Penalty. A. If the administrator shall find that any of the provisions of this Chapter are being violated, he shall notify the property owner or occupant of such viola- tions, in writing, indicating the nature of the violation and ordering any action necessary to correct it. Any person found guilty of violating any provi- sions of this Chapter after a first written warning , shall be punished in accordance with Section 801 . Each day the violation continues shall be deemed a separate offense. In addition to any other remedies, whether civil or criminal, violations of this Chapter may be enforced by the Code Enforcement Board of the City of Cape Canaveral and may be restrained by injunction, including a mandatory injunction, and otherwise abated in any manner provided by law. [Ord. No. 24-90, §1, 5 Jun 90] SECTION 2 . Chapter 713, is hereby amended by repealing Section 713. 08, Spill-Over Lighting Standards for Beachfront property, in its entirety. SECTION 3. SEVERABILITY: If any section , paragraph, sub- division, clause, sentence , or provision of this Ordinance shall Ordinance No. 24-90 Page 5 of 6 be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this Ordinance , but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence , or provision involved in said controversy in which such judgment shall be rendered. SECTION 4 . All portions of the Code in conflict herewith are hereby repealed. SECTION 5. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY The City Council of the City of Cape Canaveral , Florida, this 5th day of June , 1990 . [signature] Mayor Attest: [signature] City Clerk Approved as to Form [signature] City Attorney First Reading: 5-15-90 Posted: 5-17-90 Advertised: 5-24-90 Second Reading: 6-5-90 NAME YES NO ARABIAN X PORTER X RANDELS X SALAMONE X THURM X Ordinance No. 24-90 Page 6 of 6