Loading...
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 AQ- i Q,. l� J Cr�.r.., IL • .+w� I