HomeMy Public PortalAboutORD 87/05ORDINANCE NO. 87 -5
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR RESTRICTIONS
RELATING TO THE PROTECTION OF "SEA TURTLES "; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Gulf Stream, Florida has included within
its corporate limits oceanfront beaches which serve as a nesting
habitat for sea turtles; and
WHEREAS, existing and proposed development threatens the
survival of turtle hatchlings because improper location of
artificial light may cause disorientation in young hatchlings;
and
WHEREAS, at least three species of sea turtles have been
identified as a threatened and endangered species by Federal
and State laws; and
WHEREAS, the protection of sea turtles and hatchlings are
of significant interest and concern to the Town of Gulf Stream;
and
WHEREAS, the Town of Gulf Stream has and intends to continue
to encourage volunteer individuals or groups who are licensed
by the state to pursue turtle monitoring programs for the
protection of turtle nests and hatchlings by identifying nests
and relocating them if they are endangered; and
WHEREAS, this ordinance is necessary to protect the natural
reproductive cycle of sea turtles during the nesting and hatchling
season which runs from approximately April 1 through October
31 of each year; and
WHEREAS, it is the desire of the Town Commission of the
Town of Gulf Stream to opt out of the Palm Beach County Sea Turtle
Protection Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COMMISSION
OF THE TOWN OF GULF STREAM, FLORIDA AS FOLLOWS:
SECTION I.
Purpose.
The purpose of this ordinance is to protect the threatened
and endangered sea turtles which nest along the beaches of the
Town of Gulf Stream Florida by safegarding the sea turtles and
hatchlings from the impact of artificial light.
SECTION II. Lighting Restriction along the Beach.
The "Beach" is defined for purposes of this ordinance as
being that land along the Atlantic Ocean extending either to
the dune or permanent vegetation within the Town Limits of the
Town of Gulf Stream. All oceanfront property owners are strongly
encouraged to insure that no artificial light shall illuminate
any area of the beach which may be used for turtle nesting and
hatchlings. In order to accomplish this, the Town strongly
encourages that all lighting shall be positioned or shielded,
so that the light is not a visible source from the beach during
the night period from April 1 to October 31 of each year. "Night
Period" is defined herein as being that time after 10:00 p.m.
through 7:00 a.m.
SECTION III. Town and Florida Power & Light Owned Lighting.
Town and Florida Power and Light owned street lights and
lighting at parks and any Town owned beach access areas, shall
be subject to the following:
(a) Whenever possible, such street lights shall be located
so that the bulk of their illumination will travel away from
the beach. Such lights shall be equipped with shades or shields
that will, to the extent practical, prevent back lighting and
render such lights not visible from the beach.
(b) Lights at parks or other public beach access points
shall be properly positioned or shielded; or, to the extent same
are determined by the Town not to be necessary for public safety
purposes, shall not be utilized during the period April 1 to
October 31 of each year.
(c) Enforcement and Penalty. This ordinance shall be
enforced in accordance with the provisions of the Code of
Ordinances of the Town and /or other applicable law.
SECTION IV.
For future oceanfront development, the Town shall review
proposed plans and strongly encourage the applicant to insure
that artificial light sources are positioned or shielded so as
not to illuminate any area of the beach which may be used for
sea turtle nesting and hatchlings.
SECTION V.
The Town strongly encourages that all mechanical beach
cleaning activities designed to remove debris from the beach
be conducted so as not to damage, alter, or destroy sea turtle
nests or hatchlings. If complaints are received and the Town
has probable cause to suspect that mechanical beach cleaning
activities are damaging, altering or destroying sea turtle nests
or hatchlings, the Town shall promptly notify the Florida
Department of Natural Resources or other appropriate State or
Federal regulatory agencies for appropriate enforcement actions.
SECTION VI.
The Town via the Police Department shall enforce applicable
Federal and State laws and this ordinance if damage to sea turtles,
sea turtle nests or hatchlings is observed and in addition, the
Police Department shall promptly notify the Florida Department
of Natural Resources or other Federal or State regulatory agencies
for their additional enforcement actions and their direct
supervision and assistance to relocate nests and /or hatchlings.
SECTION VII.
Severability.
In the event that any court of competent jurisdiction shall
hold that any provision of this ordinance is invalid or
unenforceable, the same shall not effect the validity of the
ordinance as a whole, or any part thereof other than the part
so declared to be invalid.
SECTION VIII. Codification.
This ordinance
official Code of Ord
SECTION IX. Re
All ordinances
are hereby repealed
of this ordinance.
shall be codified and made a part of the
inances of the Town of Gulf Stream, Florida.
Deal of Conflicting Ordinances.
or parts of ordinances in conflict herewith
or amended to be consistent with the terms
SECTION X. Effective Date.
This ordinance shall take effect immediately upon its passage
and approval, as provided by law.
PASSED AND ADOPTED ON
DAY OF OCTOBER , 1987 .
ATTEST:
Town Cler
SECOND READING THIS 9th
MAYOR
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