Loading...
HomeMy Public PortalAbout013_24_21-2011 Sec 3-230 06.02.11 ORDINANCE NO. 21-2011 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SEC. 3-230 FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island so as to amend in particular Section 3-230 pertaining to turtle nesting protection, and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Section 3-230 of the Land Development Code of the City of Tybee shall be amended so as to hereafter provide as follows: Sec. 3-230. Turtle nesting protection. The beaches of Tybee Island serve as a prime nesting site for sea turtles, an endangered species. Coastal development threatens the survival of sea turtles because artificial lighting discourages nesting females and causes disorientation of hatchlings during the nesting season, which runs from May 1 through October 31 each year. It is the intention of the city to offer protection to these endangered sea turtles by providing standards for lighting in the shore protection area adjacent to the city's beaches. For the purposes of this section, the protected nesting area shall be the sand beaches of Tybee Island. (A) Exceptions. The following point sources of artificial light are exempt from the provisions of this section: (1) All lights necessary for the safe navigation of vessels utilizing the waters surrounding the city; (2) All lights necessary to mark obstructions to the safe use of airspace over, above and around the city; (3) All lights necessary for regulating the safe passage and movement of vehicular and pedestrian traffic within the city; (4) Any light that has been specifically designated by the fire and/or police commissioner(s) as necessary for the security and safety of the human inhabitants of the city. (B) New development. Building and electrical plans for new construction including parking lots, dune crossovers, and all other outdoor lighting that can be seen from the beach shall comply as follows: (1) Floodlights shall be shielded and mounted so that no light illuminates the beach and the point source of light is not visible from the beach. (2) Pole lighting shall be shielded and mounted so that light is directed away from the seaward side of the pole and the point source of light is not visible from the beach. (3) Low profile luminaries shall be positioned so that no light shines directly onto the beach. ( 4) Dune crossovers shall utilize low profile shielded lighting so that no light illuminates the beach and the point source of the light is not visible from the beach. (5) Lights illuminating structures and grounds shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off from sunset to sunrise during the period of May 1 through October 31 of each year. (6) Temporary security lights at construction sites shall not be mounted higher than 15 feet above ground and shall be positioned not to illuminate the beach. (C) Existing development. All lighting shall come into compliance with the following standards: (1) Lights illuminating structures and grounds shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off from sunset to sunrise during the period of May 1 through October 31 of each year. (2) Lights illuminating crossovers shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off during the period of May 1 through October 31 of each year. (3) Security lighting shall be shielded or screened so that the beach is not illuminated and the point source of light is not visible from the beach, or low profile luminaries may be used. (D) Publicly owned lighting. Streetlights and lighting of publicly owned beach access areas must be in compliance with the following: (1) Streetlights shall be located, shielded or shaded so that they will not directly illuminate the beach and the point source of light is not visible from the beach. (2) Lights at parks or other public beach access points shall be shielded or shaded so that they will not directly illuminate the beach and the point source of light is not visible from the beach or, if not necessary for security or public safety, utilization may be discontinued during the nesting season. It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. This Ordinance shall become effective on ________ day of __________________, 2011. ADOPTED THIS       DAY OF                    , 2011. _________________________________ MAYOR ATTEST:                                                         CLERK OF COUNCIL FIRST READING: 04.14.2011 SECOND READING: ______ ENACTED: EMH/TYBEE/ORDINANCES/2011/21-2011 Sec. 3-230 04.07.11