Ordinance 035-2012 ORDINANCE NO. 035. 2012
M LU
ca DL--; . AN ORDINANCE OF THE BOARD OF COUNTY
u .- : COMMISSIONERS OF MONROE COUNTY,
Qc FLORIDA AMENDING MONROE COUNTY CODE
oCO
SECTION 12-116; PROVIDING FOR THE MAYOR
TO IMPOSE A "LIGHTS OUT" RESTRICTION FOR
AREAS OF LONG KEY; PROVIDING FOR
Era
SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION
INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, certain areas of unincorporated Long Key are a designated Sea Turtle Beach; and
WHEREAS,each year during Sea Turtle nesting season,many sea turtle hatchlings become
disoriented and adult females have false crawls due to bright/unshielded lighting along the US 1
corridor causing many Sea Turtles to attempt to cross US 1; and
WHEREAS, it is in the best interest of the environment and the species of the Florida Keys to
protect our sea turtle population by regulating exterior lighting along or near sea turtle nesting
areas;
NOW THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Monroe
County,Florida:
SECTION 1. Monroe County Code Sec. 12-116 shall be amended to read as follows:
Sec.12-116.—Standards for exterior artificial lighting.
To prevent exterior artificial lighting from disorienting sea turtles and illuminating sea turtle
nesting areas or nearby areas within the jurisdictional boundaries of Monroe County 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:
(1) Exterior artificial light fixtures within direct line-of-sight of the beach shall be designed,
positioned,modified, or removed so that:
a. The point source of light or any reflective surface of the light fixture is not directly visible
from the beach; and/or
•
b. The area within the jurisdictional boundaries is not directly, or indirectly illuminated;
and/or
c. The area within the jurisdictional boundaries is not cumulatively illuminated.
(2) 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:
a. Positioning of fixtures so that the point source of light or any reflective surface of the
light fixture is eliminated or is no longer visible from the beach;
b. Replacement of fixtures having an exposed light source with fixtures containing recessed
light sources or shields;
c. Replacement of traditional light bulbs with yellow bug type bulbs not exceeding 25 watts
or low-pressure sodium vapor lamps;
d. Replacement of nondirectional fixtures with completely shielded directional fixtures that
point down and away from the beach;
e. Replacement of fixtures having transparent of 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 visible from the beach;
f. Replacement of pole lamps with low-profile, low-level luminaries no higher than 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;
g. Replacement of incandescent, fluorescent, and high-intensity lighting with the lowest
wattage low-pressure sodium vapor lighting possible for the specific application;
h. Planting or improvement of landscape vegetation in compliance with the land
development regulations (section 118-7 environmental design criteria)between the light
source and the beach to screen light from the beach;
i. Construction of ground level barriers in compliance with the land development
regulations (section 118-7 environmental design criteria)to shield light sources from the
beach;
j. 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;
k. Permanent removal of all floodlights,uplights, or spotlights used for decorative or accent
purposes;
1. Permanent removal or disabling of any fixture that cannot be brought into compliance
with the provisions of these standards; and
m. Shielding or modification of any existing lighted sign pursuant to the land development
regulations (section 118-6, environmental design criteria) such that it is not directly visible
from the beach.
(3) Upon written notification by the Code Compliance Director, the Mayor may impose an
annual "lights out" order to residents and property owners for lights in areas of
unincorporated Long Key or other areas of unincorporated Monroe County during the Sea
Turtle nesting season from April 15th through October 31st. The "lights out" order shall
indicate the importance of sea turtle nesting and shall direct residents and property owners
to turn their lights out between the hours of dusk until dawn. Further, the mayor may request
utility companies to shield or turn off lights in designated areas for the same purpose.
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person,property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: INCLUSION IN CODE OF ORDINANCES. 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: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of state and shall be effective as provided in Section 125.66(2),Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 17th day of Oct. , 2012.
Mayor David Rice Yes
Yes
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers Yes
Commissioner George Neugent Yes
Commissioner Sylvia Murphy Yes
l, \\�`
(SEAL):=':; ; BOARD OF COUNTY COMMISSIONERS
Attest:-DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
B54c C. Lire/111;A) By
Deputy Clerk Mayor David Rice
MONR• OUNTY ATTORNEY
•P•-5VEDAtTOF••M
Date: '. Olv 7'2 401
' .
Y _ •
,__
}NOTICE OF INTENTION TO 'KEY®wrsT
, CONSIDER ADOPTION OF riEN STATE OF FLORIDA
f COOT-Y ORDINANCE
COUNTY OF MONROE
NOTICE IS HEREBY GIVEN TO LLCr-a
WHOM IT MAY CONCERN that ;'
on Wednesday,October 17, •
2012,'at 3:00 p.m.,or as soon j Before the undersigned authority personally appeared Randy G. Erickson,
,thereafter as may be heard,at the who on oath says that he is Vice-President of Operations of the Key West
Harvey Government Center, 1200
1 Truman Avenue,2nd floor,Key. ! Citizen, a daily newspaper published in Key West, in Monroe County,
j West,Florida,the Board of County I Commissioners of Monroe County, Florida;Florida; that the attached copy of advertisement, being a legal notice in the
a
Florida,intends to consider the • matter of r�
i"adoption of the following County --- NJ -n
I Ordinance: ; • n Cill r I , ry r=
I , AN ORDINANCE OFTHE )--L"N 0-P """N U 1 t"2
BOARD OF COUNTY i `—' '' <r'
COUNTY,COMMISSI
FLORIDA LORI A.A ENDING i
r 131M e'y1/ C"a()>✓ �QC- l 2— ) I C .) . t..0 CD
MONROE COUNTY CODE '
!! SECTION 12-116; PROVIDING r -- 1
FOR THE MAYOR.TO IMPOSE A was published in said newspaper in the issue(s) of 3 n
' "LIGHTS-OUT"RESTRICTION '' i r
i O
I . FOR AREAS OF LONG KEY; i G
PROVIDING FOR , s-1)le/
M�. — Z 7 Z U 1 t� r r; �, p
' SEVERABILITY;PROVIDING -, (I I
' FOR THE REPEAL OF ALL, VV
HEREWITH; INCONSISTENT .I Affiant further says that the KeyWest Citizen is a newspaper ublished in
j HEREWITH;PROVIDING FOR Yp
INCORPORATION INTO THE Key West, in said Monroe County, Florida and that the said newspaper has
1 • MONROE COUNTY CODE OF
1 ORDINANCES;AND PROVIDING; heretofore been continuously published in said Monroe County, Florida every
AN EFFECTIVE DATE da and has been entered as second-class mail matter at thepost office in Key
Pursuant to Section 286.0105,. West, in said Monroe County, Florida, for a period of 1 year next preceding
• Florida Statutes,notice is given, ' the first publication of the attached copy of advertisement; and affiant further
that if a person decides to appeal
i any decision made by the Board ; says that he has neither paid nor promised any person, firm or corporation any
with respect to any matter • discount, rebate, commission or refund for the purpose of securing this
considered at such hearings or
meetings,he will need a record of 1 advertisement for publication in the said newspaper.
' the proceedings,,and that,for such
I purpose,he may need to ensure
that a verbatim record of the
i proceedings is made,which
record
includes the testimony and i Signature of Affiant
evidence upon which the appeal is
to be based. . •
I,ADA ASSISTANCE:If you area I
- person with a disability who-needs Sworn and subscribed before me this ? day of �r/Vli`a/L , 2012
'special accommodations in order
to participate in this proceeding,
• please contact the County
' Administrator's
(305)292-4441,fbetween the WingI - Notary Public: ••
°S Y�'�'o� NOTARY PUBLIC DAWN KY
hours of"8:30 a.m.-5:00 p.m.,no "+STATE OF FLORIDA
later than ten(10)calendar days" I o .2. ,.T G;
prior to the scheduled meeting;if y Comm#EE157233
you are hearing or voice impaired, CAAAA\ s�'ICE 19�� Expires 1/4/2016
call"711" • i
. Dated at Marathon,Florida,this I -
25th-day of September,2012. i Dawn Kawzinsky •
- DANNY L.KOLHAGE,Clerk of the Expires: 1/4/16 Notary Seal
'Circuit Court
and ex officio Clerk of the Board of
County Commissioners of Monroe
County,Florida' Personally Known x Produced Identification
September 27,2012 _ Type of Identification Produced
MONROE COUNTY COURTHOUSE dycouNry�o p�
BRANCH OFFICE:
.•�w '•, G PLANTATION KEY
500 WHITEHEAD STREET,SUITE 101 cwo`F V;'s` •
KEY WEST, FLORIDA 33040 : 7��> " GOVERNMENT CENTER
TEL. (305) 3 Pi i I\ij(p 294-4641 . ' • 88820 OVERSEAS HIGHWAY
Y
FAX (305) 295-3663 °c'., ,. 'JP." T
`O PLANATION KEY,FLORIDA 33070
coure4. TEL. (305)852-7145
BRANCH OFFICE: FAX(305)852-7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON,FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD
TEL. (305)289-6027 PLANTATION KEY, FLORIDA 33070
FAX(305)289-6025 www.clerk-of-the-court.com TEL. (305)852-7145
FAX(305)853-7440
October 30, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7012 1010 0003 4990 5712
Dear Ms. Cloud,
Enclosed please find certified copies of Ordinance Nos. 035, 036 & 037-2012 which are
self-explanatory.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on October 17, 2012. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis, D.C.
cc: MuniCode via e-mail
County Attorney via e-mail
File
fn. vae
G in v,/
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 2, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C.DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your letter
dated October 30, 2012 and certified copies of Monroe County Ordinance Nos. 035-2012, 036-2012, and
037-2012, which were filed in this office on November 2, 2012.
Sincerely,
A•tegstottg
Liz Cloud
Program Administrator
LC/elr
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us
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Pam Hancock
From: <ords @municode.com>
To: <phancock @monroe- clerk.com >; <grimsley- susan @monroecounty- fl.gov>
Sent: Monday, December 17, 2012 3:02 PM
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 7 Update 6
* ** *THIS IS AN AUTOMATICALLY GENERATED EMAIL * * **
Below, you will find the material that we have received/recorded to your account. This material
is being considered for inclusion in your next/current update, Supplement 7 Update 6
Document Adopted Recorded Recorded
Date Format
Ordinance No. 035- 10/17/2012 12/17/2012 PDF
2012
Ordinance No. 036- 10/17/2012 12/17/2012 PDF
2012
0
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
12/18/2012