Item H6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:.lanuga 1 , 013 Division: Growth Management _
Bulk Item: Yes X No Department: Code Compliance
Staff Contact Person/Phone # Ronda Nenna.n X25 0
AGENDA ITEM WORDING; Permission to advertise an ordinance amending Monroe County Code
Section 1 -11 6, (Standards for exterior artificial lighting on sea turtle beaches) to include all turtle
nesting areas of unincorporated Monroe County for "'lights out" areas.
ITEM BACKGROUND: Previous amendments to MCC Chapter 12 did not include all designated
turtle nesting beaches in unincorporated Monroe County. Long Ivey was the only area for which the
Mayor could authorize "lights outs'.
PREVIOUS RELEVANT BOCC ACTION:
October 17, 01 : A. public hearing was held to amend MCC 1 -11 . BOCC Adopted Ordinance 035-
2012 which authorized the mayor to limit lighting on Long Ivey. Ater the approval of the adopted
language, staff was directed to amend the code to include all areas of unincorporated Monroe County.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COSY' TO COUNTY: SOURCE OF FUNDS.
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED B Y, County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM ##
ORDINANCE No. - 013
AN ORDINANCE OF THE BOARD of COUNTY
COMMISSIONERS of 11 O ROE COUNTY,
FLORIDA AMENDING MONROE COUNTY CODE
SECTION 12-11 -* PROVIDING FOR THE MAYOR
To IMPOSE A "LIGHTS OUT" RESTRICTION FOR
AREAS OF UNINCORPORATED II ONROE
COUNTY; PROVIDING FOR EVERAEILITV;
PROVIDING FOR THE REPEAL of ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INORFORATION INTO THE
IONRHE COUNTY CODE of ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, certain areas of unincorporated Monroe County 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 and other designated Sea Turtle nesting areas causing many Sea Turtles to attempt to
cross ITS l or away from the adjacent waters; and
WHEREAS, at the October 17th, 2012 BOCC meeting, the Board passed Ordinance 03 5- 01 ,
granting authority to the Mayor to limit lighting on Long Key during Sea Turtle nesting season;
and
WHEREAS, it 1s in the hest 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 in all of unincorporated Monroe County;
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe
County, Florida:
SECTION 1. Monroe County Code See. 12-116 shall he amended to road as follows:
(added lais underlined; deleted language is through.)
ec.1 -116. — Standards for extel'or artificial 110ting.
(3) Upon ritten notification by the Code Compliance Director, the Mayor may impose an
annual "lights oufl� order to residents and property owners for lights in areas of
unincorporated Monroe bounty during a lea
Turtle nesting season from April 1 'hthrough October 3 I ". 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 he 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 1 5.6 (), 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 day of 12013.1
Mayor George Neugent
Mayor Pro T em Heather Carruthers
C ontn iss loner Danny I olhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MON OE COUNTY,, FLORIDA
a
Deputy Clerk
LOOM
Mayor George Neugent
MONK COUNTY ATTORNEY
AP R E O �s TO FORM
Gate: r