Ordinance 008-1994 -r1
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THE BOARD OF COUNTY COMMISSIONERS^ c)
MONROE COUNTY,FLORIDA (.-) p
008-1994 �• `:. • CD
Ordinance No. r .P Y,
AN ORDINANCE ADOPTING AND ENACTING NEW PROVISIONS FOR THE
PROTECTION OF SEA TURTLES,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.
WHEREAS,Monroe County,Florida has the greatest coastline to land area ratio of any county in the State
of Florida; and
WHEREAS,Monroe County beaches are nesting habitat for several species of protected marine turtles,
commonly called sea turtles; and
WHEREAS,adverse impacts of development along beaches and coastlines on sea turtle nesting activities
are well documented,especially with respect to the effects of artificial lighting,vehicles and predatory
pets;and
WHEREAS,it has been demonstrated that such adverse impacts can be virtually eliminated with minimal
effort and little to no modification of existing and planned development;and
WHEREAS,the Board of County Commissioners of Monroe County wishes to strike a balance between
the interests of development and the protection of sea turtles in order to preserve the county's social and
natural coastal heritage;and
WHEREAS,the Board is authorized by Chapter 125,Florida Statutes,to adopt ordinances and resolutions
necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in
accordance with the law;and •
WHEREAS,the Florida Department of Environmental Protection has offered its services in assisting
Monroe County in this endeavor,and
WHEREAS,based on the above fmdings,the Board has determined that it is necessary and desirable to
add regulations for the protection of sea turtles;
NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA,that the following language is hereby adopted as the"Monroe County
Sea Turtle Protection Ordinance,"and shall be placed in the Monroe County Code at Chapter 13,Article
IV.
Turtle Ordinance Draft: 04/25/94 1
Section 1. Definitions.
a. "Adjacent waters" means waters abutting a nesting area and extending 300 feet to either side of it, and
out to either 300 yards offshore or the limits of the property line,whichever is further.
b. "Artificial light or"artificial lighting"means the light emanating from any manmade 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. "Bug type bulb"means any yellow colored incandescent light bulb that is marketed as being specifically
treated in such a way so as to reduce the attraction of bugs to the light.
e. "Cumulatively illuminated"means illuminated by numerous artificial light sources that as a group
illuminate any portion of the beach.
f. "Daylight hours"means the locally effective time period between sunrise and sunset.
g. "Hatchling"means any species of marine turtle,within or outside of a nest,that has recently hatched
from an egg.
h. "Indirectly illuminated"means illuminated as a result of the glowing element(s), lamp(s),globe(s), or
reflector(s)of an artifical light source,which source is not directly visible to an observer on the beach.
i. "Jurisdictional boundaries,sea turtle protection,"means the area on contiguous land within 300 feet of an
identified or potential nesting area.
j. "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.
k. "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.
1. "Nesting area"means both identified nesting areas and potential nesting areas. -
m. "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 turtle.
n. "Nesting area,potential"means any area where sea turtle crawls have been observed that has suitable
substrate for digging a nest which is accessible to the sea turtle.
o. "Nesting season"means the period from April 15 through October 31 of each year.
p. "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.
q. "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.
Turtle Ordinance Draft: 04/25/94 2
r. "Suitable substrate"means unconsolidated sediments of at least one foot in depth.
s. "Tinted glass"means any glass treated to achieve an industry-approved, inside-to-outside light
transmittance value of forty-five percent(45%)or less. Such transmittance is measured as the percentage
of visible light that is transmitted through the glass.
Section 2. 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 5 of this ordinance.
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 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.
Section 3. 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 existing exterior artificial light.
a.Existing exterior artificial light fixtures within direct line-of-sight of the beach shall be designed,
positioned,modified,or removed so that:
(i)The point source of light or any reflective surface of the light fixture is not directly visible from the
beach;
(ii)The area within the jurisdictional boundaries is not directly or indirectly illuminated;and
(iii)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 existing artificial beachfront lighting through appropriate design:
(i)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;
(ii)Replacement of fixtures having an exposed light source with fixtures containing recessed light sources
or shields;
(iii)Replacement of traditional light bulbs with yellow bug type bulbs not exceeding fifty(50)watts or low
pressure sodium vapor lamps;
(iv)Replacement of non-directional fixtures with completely shielded directional fixtures that point down
and away from the beach;
(v)Replacement of fixtures having transparent or 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
Turtle Ordinance Draft: 04/25/94 3
•
fixture on the seaward side so that the light source or any reflective surface of the light fixture is not visible
from the beach;
(vi)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;
(vii)Replacement of incandescent,flourescent,and high intensity lighting with the lowest wattage low
pressure sodium vapor lighting possible for the specific application;
(viii)Planting or improvement of landscape vegetative buffers in compliance with the land development
regulations(Chapter 9.5)between the light source and the beach to screen light from the beach;
(ix)Construction of ground level barriers in compliance with the land development regulations(Chapter
9.5)to shield light sources from the beach;
(x)Limitation of exterior lights used expressly for safety or security purposes;
(xi)Permanent removal of all floodlights,uplights,or spotlights used for decorative or accent purposes;
(xii)Permanent removal or disabling of any fixture which cannot be brought into compliance with the
provisions of these standards;
(xiii)Shielding or modification of any existing lighted sign pursuant to the land development regulations
such that it is not directly visible from the beach.
Section 4. 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 interior light emanating from doors and windows within line-of-sight of
the beach:
a. Use of window treatments such as blackout draperies,shade-screens or blinds to shield interior lights
from the beach;
b.Application of window tint or film that meets the standards for tinted glass;
c.Turning off all unnecessary interior lights;
d.Arrangement of lamps and other moveable light fixtures away from windows.
Section 5. 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.
b.Mode of operations:During the nesting season(April 15 through October 31):
Turtle Ordinance Draft: 04/25/94 4
(i)Beach cleaning operations shall be limited to the area seaward of the strand line(previous high tide
mark);
(ii)Light-weight motorized vehicles having wide, low profile, low pressure tires,or hand raking shall be
used to conduct beach cleaning operations;
(iii)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;
(iv)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.
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.
Section 6. 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 jurisdicitonal boundaries is prohibited.
Section 7. Violations of this ordinance 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$500.00 or by imprisonment in the county jail not to exceed 60 days or by both
such fine and imprisonment. Violations may also be prosecuted through proceedings before the Monroe
County Code Enforcement Board,or pursuant to Chapter 76-435,Laws of Florida or through any other
lawfully available means including civil and injunctive relief. Notwithstanding the provisions of this
section 7,no prosecutions for violations of this section,nor code enforcement proceeding may be brought
prior to one year from the effective date of this ordinance.
Section 8. 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 9. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the
extent of said conflict.
Section 10. 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 11. This Ordinance shall be filed in the Office of the Secretary of State of the State of Florida and
shall take effect on April 15, 1994,or as soon thereafter as the ordinance is signed into law.
Turtle Ordinance Draft: 04/25/94 5
•
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,at a
regular meeting of the Board held on the 20TH day of APRIL , 19 94 .
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
By f
/ Mayor/Chairman
(SEAL) MAYOR LONDON YES
MAYOR PRO TEM CHEAL YES
COMMISSIONER FREEMAN YES
Attest: DA1 NY L. KOLEAGE, clutittaSSIONER HARVEY YES
COMMISSIONER REICH YES
Clerk
ADOPTED:
EFFECTIVE DATE:
i
APPR 1 I ' FORM
AND`I/" IENCY
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BY '
AJ orney°s Office
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Turtle Ordinance Draft: 04/25/94
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT B C OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEASi GHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLOR A 33070
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145
TEL. (305) 292-3550
May 4, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, FL 32301
Dear Mrs. Cloud:
•
Enclosed please find a certified copy of Ordinance No. 008-1994, adopting and
enacting new provisions for the protection of sea turtles, Providing definitions,
Prohibiting certain activities disruptive to sea turtles, Providing special lighting
restrictions during nesting season, Providing for standards for mechanical beach
cleaning, etc.
This Ordinance was adopted by the Monroe County Board of County
Conunissioners at a Regular Meeting in formal session on April 20, 1994. Please file for
record. '
Danny L. Kolhage
Clerk of Circuit Court . .•
and ex officio Clerk to the
Board of County Conunissioners
By: Isabel C.DeSantis
Deputy Clerk i I
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cc: Municipal Code Corporation
Florida Department of Environmental Protection
Florida Department of State
Growth Management Director
Environmental Resources Director
County Administrator
County Attorney
County Commission
File
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FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
Tallahassee, Florida 32399-0250
(904) 488-8427
May 6 , 1994
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. De Santis, Deputy Clerk
Dear Mr . Kolhage :
Pursuant to the provisions of Section 125 . 66, Florida Statutes,
this will acknowledge your letter of May 4 , 1994 and a
certified copy of Monroe County Ordinance No. 94-8, which was
filed in this office on May 6, 1994 .
Sincerely,
Liz Cloud, Chief 3 43 --
Bureau of Administ ative tode'rn
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