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Item P2BOARD OF COUNTY COMMISSIONERS AGENDA ITS SUMMARY Meeting Date: Februar 202013 Division: Growth Ill zit j Bulk Item: Yes X No Department: Code Co liance Staff Contact Person/Phone # Ronda Norman X2520 AGENDA ITEM WORDING: A Public Hearing amending Monroe County Code Section 12-116, (Standards for exterior artificial lighting on Sea Turtle beaches) to include all Sea Turtle nesting areas of unincorporated Monroe County. ITS BACKGROUND: Previous amendments to MCC Chapter 12 did not include all designated Sea Turtle nesting beaches in unincorporated Monroe County. PREVIOUS RELEVANT BOCC ACTION: September 21, 2012: Approval to advertise for a public hearing to amend Monroe County Code Section 12-116, Standards for Exterior Artificial Lighting on designated Sea Turtle nesting beaches was granted by BOCC. October 17, 2012: A public hearing was held to amend Monroe County Code Section 12-116. After the hearing and adoption of the amendment, staff was directed to include all areas of Unincorporated Monroe County to Code Section 12-116 and bring back to the BOCC for permission to advertise a Public Hearing amending Monroe County Code Section 12-116, (Standards for exterior artificial lighting on Sea Turtle beaches) to include all Sea Turtle nesting areas of unincorporated Monroe County. January 16, 2013: BOCC granted permission to advertise a Public Hearing to amend Monroe County Code Section 112-16. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST-- INDIRECT COST: — BUDGETED: Yes —No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY- SOURCE OF FUNDS: REVENUE PRODUCING: Yes — NO AMOUNT PER MONTH Year APPROVED BY: County Arty x OMB/Purchasing _ .is Management DOCUMENTATION: fircInde­d x Not Required — DISPOSITION: AGENDA ITS # ORDINANCE NO. -2013 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 corridor and other designated Sea Turtle nesting areas causing many Sea Turtles to attempt to cross US lor away from the adjacent waters; and I WHEREAS, at the October 17"', 2012 BOCC meeting, the Board passed Ordinance 035-2012, granting authority to the Mayor to limit lighting on Long Key during Sea Turtle nesting season; 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 in all of unincorporated Monroe County; NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, Florida: 'k 2 (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 beffg Ke or- other- areas of +iniaeefperi#ed Monroe County during the Sea Turtle nesting season from April 15'h through October 3 1 ". 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. 111 1 ��� 11 Q Ar 'AtWaIIIIII I-19"111111"s 0-0 - # 1110 li 1 0,111111111; 1 Fill as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. 11111311; b j day of 2013. Mayor George Neugent Mayor Pro Tern Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice BOARD OF COUNTY COMMISSIONERS By Deputy Clerk Mayor George Neugent I