Ordinance 010-1998
ARTICLE IV.
PROTECTION OF SEA TURTLES
THE BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
ORDINANCE NO. 010-1998
AN ORDINANCE AMENDING ORDINANCE NO. 008-1994, THE
SEA TURTLE PROTECTION ORDINANCE, TO INCLUDE
REVISIONS THAT ARE INTENDED TO CLARIFY AND
STANDARDIZE THE REGULATIONS, PROVIDING DEFINI-
TIONS, PROHIBITING CERTAIN ACTIVITIES DISRUPTIVE TO
SEA TURTLES, PROVIDING SPECIAL LIGHTING
RESTRICTIONS DURING NESTING SEASON, PROVIDING
STANDARDS FOR MECHANICAL BEACH CLEANING,
PROVIDING FOR PREVENTION OF ANIMAL PREDATION OF
SEA TURTLES, PROVIDING PENAL TIES, PROVIDING FOR
CONFLICTING PROVISIONS OF LAW, PROVIDING FOR
SEVERABILITY IN THE EVENT OF P ARTIAL INVALIDITY,
PROVIDING FOR APPLICABILITY THROUGHOUT THE
UNINCORPORATED AREAS OF MONROE COUNTY,
DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED
WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND THE DEP ARTMENT OF STATE, PROVIDING AN
EFFECTIVE DATE AND FOR CODIFICATION.
WHEREAS, Monroe County 2010 Comprehensive Plan Policy 207.8.6 directs the County to
establish a marine turtle protection ordinance; and
WHEREAS, the Board of County Commissioners adopted said Ordinance No. 008-1994 on
April 20, 1994;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 3: \D-'Ii
oOCD-
Section 1. Monroe County Code Sections 13-61 through 13-67 are hereby am~,m~to !d ~
follows: "';.x:-:::
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See 13-61. Definitions. ~?'::a ~ ;:0
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(a) Adjacent waters means waters abutting a nesting area and extending thr~hlire~30~
feet to either side of it, and out to either three hundred (300) yards offshore or the limits'!f t12
property line, whichever is further.
Ordinance - codifier version, Page 1 of 7
(b) Artificial light or artificial lighting means the light emanating from any man-made or
man-controlled device.
(c) Beach means the zone of unconsolidated material that extends landward from the mean
low-water line to the place where there is a marked change in material or physiographic form, or
to the line of permanent vegetation, usually the effective limit of storm waves.
(d) Beach berm means a bare, sandy shoreline with a mound or ridge of unconsolidated
sand that is immediately landward of, and usually parallel to, the shoreline and beach. The sand
is calcareous material that is the remains of marine organisms such as corals, algae and molluscs.
The berm may include forested, coastal ridges and may be colonized by hammock vegetation.
(e) Bug type bulb means any yellow colored incandescent light bulb, not to exceed twenty-
five (25) watts, that is marketed as being specifically treated in such a way so as to reduce the
attraction of bugs to the light.
(f) Cumulatively illuminated means illuminated by numerous artificial light sources that as a
group illuminate any portion of the beach.
(g) Daylight hours means the locally effective time period between sunrise and sunset.
(h) Hatchling means any species of marine turtle, within or outside of a nest, that has
recently hatched from an egg.
(i) Indirectly illuminated means illuminated as a result of the glowing element(s), lamp(s),
globe(s), or reflector(s) of an artificial light source, which source is not directly visible to an
observer on the beach.
(j) Jurisdictional boundaries, sea turtle protection, means the area on contiguous land
within three hundred (300) feet of an identified or potential nesting area.
(k) Mechanical beach cleaning means any mechanical means by which debris, including
but not restricted to trash, litter, seaweed or seagrass wrack, is removed from the beach.
(1) Nest means the area in and around a place in which sea turtle eggs are naturally deposited
or relocated beneath the sediments of the beach.
(m) Nesting area means both identified nesting areas and potential nesting areas.
(n) Nesting area, identified means any area where sea turtles have been or are currently
nesting, and the adjacent beach or other intertidal areas used for access by the turtles.
(0) Nesting area, potential means any area where sea turtle crawls have been observed.
Ordinance - codifier version, Page 2 of 7
(p) Nesting season means the period from April 15 through October 31 of each year.
(q) Permitted agent of the state means any qualified individual, group or organization
possessing a permit from the Department of Environmental Protection to conduct activities
related to sea turtle protection and conservation.
(r) Sea turtle(s) means any specimen belonging to the species Caretta caretta (loggerhead
turtle), Chelonia mydas (green turtle), Dermochelys coriacea (leatherback turtle), Eretmochelys
imbricata (hawksbill turtle) or any other marine turtle using Monroe County beaches as a nesting
habitat.
(s) Tinted glass means any glass which: (a) has been treated to achieve an industry-
approved, inside-to-outside light transmittance value of forty-five (45) percent or less (such
transmittance is measured as the percentage of visible light that is transmitted through the glass);
(b) has a minimum five (5) year warranty for the level of light transmittance specified in (a)
above; and (c) has performance claims which are supported by approved testing procedures and
documentation.
Sec. 13-62. Prohibition of activities disruptive to sea turtles.
(a) Prohibition of Horseback Riding, Campfires, and Vehicular Traffic. Horseback riding
and campfires shall be prohibited on nesting areas during the nesting season. Vehicular traffic
shall also be prohibited on nesting areas during the nesting season except for emergency and law
enforcement vehicles, vehicles permitted on the beach for marine turtle conservation or research,
or vehicles used for beach cleaning in compliance with section 13-65, Standards for mechanical
beach cleaning.
(b) Prohibiting Storage or Placement of any Material in the Nesting Area. The storage or
placement of any material such as but not limited to construction material, rip-rap, trash and
debris, mulch or other organic material, landscaping material, fill, vehicles, or boats, that has
potential to impede movement of hatchlings or adults between ocean and nesting areas, or that
may cover existing nests or nesting sites is strictly prohibited.
(c) Development. All development shall be set back a minimum of fifty (50) feet from any
area which serves as an active or potential nesting area for marine turtles. The fifty (50) foot
setback will be measured from the landward toe of the most landward beach berm or from fifty
(50) feet landward of mean high water (MHW), whichever results in the smaller total setback.
The maximum total setback shall be one hundred (100) feet from MHW.
Sec. 13-63. Standards for exterior artificial lighting.
To prevent exterior artificial lighting from illuminating the jurisdictional boundaries or
adjacent waters during the nesting season, the following measures shall be taken to reduce or
eliminate the negative effects of new or existing artificial lighting:
Ordinance - codifier version, Page 3 of 7
, (a) Exterior artificial light fixtures within direct line-of-sight of the beach shall be designed,
positioned, modified, or removed so that:
(1) The point source of light or any reflective surface of the light fixture is not directly
visible from the beach.
(2) The area within the jurisdictional boundaries is not directly or indirectly
illuminated.
(3) The area within the jurisdictional boundaries is not cumulatively illuminated.
(b) Measures such as but not limited to the following shall be taken to reduce or eliminate
the negative effects of new or existing artificial beachfront lighting through appropriate
design:
(1) Positioning of fixtures so that the point source oflight or any reflective surface of
the light fixture is eliminated or is no longer visible from the beach.
(2) Replacement of fixtures having an exposed light source with fixtures containing
recessed light sources or shields.
(3) Replacement of traditional light bulbs with yellow bug type bulbs not exceeding
twenty-five (25) watts or low-pressure sodium vapor lamps.
(4) Replacement of nondirectional fixtures with completely shielded directional
fixtures that point down and away from the beach.
(5) Replacement of fixture having transparent of translucent coverings with fixtures
having opaque shields covering an arc of at least one hundred eighty (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 visible from the beach.
(6) Replacement of pole lamps with low-profile, low-level luminaries no higher than
forty-eight (48) inches off the ground such as low-mounted wall fixtures, low
bollards, and ground-level fixtures, so that the light source or any reflective surface
of the light fixture is not visible from the beach.
(7) Replacement of incandescent, fluorescent, and high-intensity lighting with the
lowest wattage low-pressure sodium vapor lighting possible for the specific
application.
(8) Planting or improvement of landscape vegetation in compliance with the land
development regulations (chapter 9.5-345 Environmental design criteria) between
the light source and the beach to screen light from the beach.
(9) Construction of ground level barriers in compliance with the land development
regulations (chapter 9.5-345 Environmental design criteria) to shield light sources
from the beach..
(10) Limitation of exterior lights used expressly for safety or security purposes. Any
such lighting allowed must conform to the measures set forth in this section in
order to reduce or eliminate negative effects on sea turtles.
(11) Permanent removal of all floodlights, uplights, or spotlights used for decorative or
accent purposes.
Ordinance - codifier version, Page 4 of 7
(12) Permanent removal or disabling of any fixture which cannot be brought into
compliance with the provisions of these standards.
(13) Shielding or modification of any existing lighted sign pursuant to the land
development regulations (chapter 9.5-345 Environmental design criteria) such that
it is not directly visible from the beach.
Sec. 13-64. Standards for interior artificial lighting.
To prevent interior artificial lighting from illuminating the jurisdictional boundaries or
adjacent waters during the nesting season, measures such as but not limited to the following shall
be taken to reduce or eliminate the negative effects of new or existing interior light emanating
from doors and windows:
(a) Interior artificial lighting within direct line-of-sight of the beach shall be designed,
positioned, modified, or removed so that:
(1) The point source of light or any reflective surface of the light fixture is not directly
visible from the beach..
(2) The area within the jurisdictional boundaries is not directly or indirectly
illuminated.
(3) The area within the jurisdictional boundaries is not cumulatively illuminated.
(b) Measures such as but not limited to the following shall be taken to reduce or eliminate
the negative effects of new or existing interior beachfront lighting through appropriate
design:
(1) Use of window treatments such as blackout draperies, shade-screens or blinds to
shield interior lights from the beach.
(2) Installation of new windows which meet the standards for tinted glass or, for
existing windows, an application of window tint or film that meets the standards for
tinted glass.
(3) Turning off all unnecessary interior lights.
(4) Arrangement of lamps and other moveable light fixtures away from windows.
(5) Appropriate interior design to eliminate overhead lighting which could illuminate
the nesting beach.
(6) For new construction within line of sight of the beach, tinted glass shall be installed
on all windows and glass doors of single- or multi-story structures.
Sec. 13-65. Standards for mechanical beach cleaning.
All mechanical beach cleaning activities designed to remove debris from the beach or
redistribute debris on the beach through the use of motorized vehicles or other mechanical means
shall comply with the following standards:
(a) Timing: Beach cleaning shall be confined to daylight hours during the nesting season.
Ordinance - codifier version, Page 5 of 7
(b) Mode of operations: During the nesting season (April 15 through October 31):
(1) Beach cleaning operations shall be limited to the area seaward of the strand line
(previous high tide mark).
(2) Light-weight motorized vehicles having wide, low-profile, low-pressure tires, or
hand raking shall be used to conduct beach cleaning operations.
(3) Devices used for removing debris from the beach shall be designed and/or operated
such that they do not penetrate beach substrate by more than two (2) inches.
(4) Operators shall be educated to identify a sea turtle crawl (turtle tracks), recognize
and avoid a sea turtle nest, and report nests and/or crawls to a permitted agent of the
state.
(5) All excess raked material must be removed from the beach and disposed of
properly or stored in an upland area as approved by the Director of Environmental
Resources. With special approval from the Director of Environmental Resources
and the State Department of Environmental Protection, limited quantities of organic
material may be incorporated into the substrate in order to enhance the beach/berm
system.
(c) Coordination of beach cleaning operations with state-sanctioned scientific studies. All
beach cleaning operations shall be coordinated through the state to ensure that these
operations do not interfere with state-sanctioned scientific studies or surveys of sea
turtle nesting activities.
(d) Authorization. Any person performing mechanical beach cleaning must have a current
permit from the Florida Department of Environmental Protection for the area being
cleaned.
Sec. 13-66. Protection from predation.
(a) No predatory pets or pets likely to have a potential for being disruptive or damaging to
nesting turtles, hatchlings, or nests shall be allowed to roam loose and unsupervised within the
jurisdictional boundaries during the nesting season. Such pets include but are not limited to
dogs, cats, snakes, lizards or iguanas, ferrets and pigs.
(b) Feeding of raccoons, opossums and other wild animals within the jurisdictional
boundaries is prohibited.
Sec. 13-67. Penalty.
(a) Violations of this article may be prosecuted in the same manner as misdemeanors are
prosecuted. In such cases, the violations shall be prosecuted in the name of the state in a court
having jurisdiction over misdemeanors by the prosecuting attorney thereof and upon conviction
shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in
the county jail not to exceed sixty (60) days or by both such fine and imprisonment. Violations
may also be prosecuted through proceedings before the Monroe County Code Enforcement
Ordinance - codifier version, Page 6 of 7
Board, or pursuant to chapter 76-435, Laws of Florida [App. A, art. V, div. 3], or through any
other lawfully available means including civil and injunctive relief.
(b) The property owner and, where applicable, the designee, agent, tenant, lessee, or
assignee, shall each be held responsible for adherence to Article IV, Protection of Sea Turtles.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 5. The provision of this ordinance shall take effect when acknowledgment of its receipt
for filing in the Office of the Secretary of State of the State of Florida has been received.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the
11th day of Maych, 1998.
..
Mayor London
Mayor Pro Tern Harvey
Commissioner Douglass
Commissioner Freeman
Commissioner Reich
yes
yes
yes
yes
yes
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By :E.....-R.ir~M..
De ty r
a1.rman
Ordinance - codifier version, Page 7 of 7
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT '. BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL. (305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
April 1, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Monroe County Ordinance No.010-1998,
amending Ordinance No. 008-1994, The Sea Turtle Protection Ordinance, to include
revisions that are intended to clarify and standardize the regulations, providing
definitions; prohibiting certain activities disruptive to sea turtles, providing special
lighting restrictions during nesting season, providing standards for mechanical beach
cleaning, providing for prevention of animal predation of sea turtles, providing
penalties, providing for conflicting provisions of law, providing for severability in the
event of partial invalidity, providing for applicability throughout the unincorporated
areas of Monroe County, directing that copies of this Ordinance be filed with the
Department of Environmental Protection and the Department of State, providing an
effective date and for codification,
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on March 11, 1998.
1Dannp 1.. I{olbagt
BRANCH OFFICE
3117 OVERSEAS IDGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289,1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD S1REET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
''.,
" BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
April 1, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, FI. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Monroe County Ordinance No.010-1998,
amending Ordinance No. 008-1994, The Sea Turtle Protection Ordinance, to include
revisions that are intended to clarify and standardize the regulations, providing
definitions; prohibiting certain activities disruptive to sea turtles, providing special
lighting restrictions during nesting season, providing standards for mechanical beach
cleaning, providing for prevention of animal predation of sea turtles, providing
penalties, providing for conflicting provisions of law, providing for severability in the
event of partial invalidity, providing for applicability throughout the unincorporated
areas of Monroe County, directing that copies of this Ordinance be filed with the
Department of Environmental Protection and the Department of State, providing an
effective date and for codification.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on March 11, 1998.
Mrs. Liz Cloud
April 1, 1998
Page 2
Please file for record.
Sincerely,
Danny L. Kolliage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann J~ntzen
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. DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the s..'cfl'tarv
()fficl' llf Intt..'rnatilln,ll Rdalions
Diyision of Administrtlti\'... s...'n'icl's
Di,'isilln of Corpor.,tions
Di\"ision llf Cultur.ll Aff.lirs
Di\'ision of Elections
Di\'isilll1 4..lf I tistoric.ll Rl'soufn's
Di,'jSit,lll of Library and Inform.ltion s...'r\'icl's
Di\isiOI1 of Licel1sil1~ FLORIDA DEPARTMENT OF STATE
Sandra B. Mortharn
Secretary of State
DIVISION OF ELECTIONS
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborou);h County
Preservation Board
Rin~lin); Museum of Art
April 6, 1998
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated April 1, 1998, and certified copy of Monroe County Ordinance No. 98-10,
which was filed in this office on April 3, 1998.
Sincerely,
,--,~ . ~
(j\~ '^'^
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street · Tallahassee, Florida 32399-0250 · (904) 488-8427
FAX: (904) 488-7869 . WWW Address http://www.dos.state.fI.us · E-Mail: electiOlz@lI1ail.dos.statefl.lIs
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