Item H4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2012 Division: Growth Management
Bulk Item: Yes X No _ Department: Code Compliance
Staff Contact Person/Phone # Ronda Norman X2520
AGENDA ITEM WORDING: Permission to advertise an ordinance amending Monroe County Code
Section 12-116, (Standards for exterior artificial lighting on sea turtle beaches) to add section (3)
authorizing the Mayor to send a letter requesting a "lights out' restriction in cooperation with the
utility companies for lighting which violates the turtle lighting section of Monroe County Code along
the US corridor in unincorporated Long Key.
ITEM BACKGROUND: Previous amendments to MCC Chapter 12 included standardizing
regulations and prohibiting certain activities and lighting restrictions disruptive to Sea Turtles. These
regulations did not allow for an immediate remedy to stop certain lighting which historically has
caused disorientation of hatchlings and false crawls by adult female Sea Turtles resulting in their
approach and crossing US 1. The restriction would occur annually during the sea turtle nesting season
from April 15th through October 31 st as needed and would be applicable for the area of Long Key.
Both the City of Key West and the Village of Islamorada have similar policies/ordinances requiring
"lights out" in specific areas of incorporated Monroe County within their jurisdiction. An example of
the letter used by the Village of Islamorada is attached.
PREVIOUS RELEVANT BOCC ACTION:
March 11, 1998: A public hearing was held to amend Ordinance 008-1994, The Sea Turtle Protection
Ordinance, providing protection for activities disruptive to Sea Turtles.
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 Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. 2012
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA AMENDING MONROE COUNTY CODE
SECTION 12-116; PROVIDING FOR THE MAYOR
TO IMPOSE A "LIGHTS OUT" RESTRICTION FOR
AREAS OF LONG KEY; PROVIDING FOR
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:
(added language is underlined; deleted language is s#i&e�through.)
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 during_the Sea Turtle nesting season from April 15�' through
October 31". 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 mgy 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 day of , 2012.
Mayor David Rice
Mayor Pro Tent Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
LIM
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
10
Mayor David Rice
MON E C OY ATTORNEY
A P OV :D A TO �bRM
i €�
Date:
r
0
r Ili CCage of Islands
April 16, 2008
Ms. Deb Shaw, Environmental Affairs Manager
PO Box 377
Tavemier, FL 33070
RE: Street lights within designated Sea Turtle Nesting Area in Islamorada, Village of
Islands.
Ms. Shaw,
I am writing to request the following power and light poles along the designated Sea
Turtle Nesting Areas be turned off or shielded during Sea Turtle Nesting Season, which
runs from April 15 to the beginning of November in the Florida Keys. These lights on
US 1 and Sunset Drive are adjacent to Sea Oats Beach on Lower Matecumbe Key and
could cause a false crawl of hatchlings toward US 1. As seen and documented in 2006,
bright/unshielded lights could also create confusion in female adult sea turtles, resulting
in their approach and crossing of US 1.
Lights should be shielded unless otherwise noted:
US 1 power poles along Sea Oats Beach:
1. # 904 — turn off
2. # 908 — turn off
Light poles south of Sea Oats Beach along Sunset Drive (addresses are
approximate locations of light poles):
1. * Intersection of Sunset Drive and US 1
2. 138 Sunset Drive
3. 174 Sunset Drive
4. 211 Sunset Drive
5. 245 Sunset Drive
US 1 power and light poles north of Sea Oats Beach:
1. # 899 — turn off
2. # 900 — turn off
3. Light pole #185 at 75455 Overseas Highway — turn off
4. # 906 at 74864 Overseas Highway
Other light poles:.
1. Intersection of US 1 and White Marlin
2. Intersection of US 1 and Gulfview Drive
3. Street light at Angelo's Gas Station
81990 Overseas Highway, Second Floor, Islamorada, FL P.O. Box 568, Islamorada, FL 33036
305-664-6400 FAX 305-W-6464 www.islamomda.fl.us
Islamoradc2
vicrage of rsCands
If you have any questions regarding this matter, please contact Leslie Whaylen,
Environmental Planner at 305-664-6427.
Sincerely,
0��C-
Ken Fields
Village Manager
CC: Edward Koconis, Director of Planning and Development Services
Gerald E. Albertson, Director of Building Services
Leslie Whaylen, Environmental Planner
81990 Overseas Highway, Second Floor, Islamorada, FL P.O. Box 568, Islamorada, FL 33036
305-664-6400 FAX 305-664-6464 www.islamorada.fl.us