OFFICE OF THE CITY ATTORNEY

MEMORANDUM
TO: Michael J. Staffopoulos, City Manager
FROM: Chris Ambrosio, City Attorney

SUBJECT: Revision of Ordinance No. 2020?8140 making amendments to Sec. 6?8 Sea Turtle
Protection, of the City Code of Ordinances to conform to current model lighting
ordinance regulations, standards and guidelines.

DATE: March 17, 2020

BACKGROUND

The City adopted Ordinance No. 2000-7789 which created Sec. 6-8 - Sea Turtle Protection. See.

6-8 is designed to protect sea turtles and hatchlings from adverse effects of arti?cial interior and

 

exterior lighting in and around the coast line, for mitigation of potential harm?il effects of lighting,
and penalties for violation of the section and for injury or harassment of sea turtles.

Two years ago, City Council and the prior City Manager directed staff to research other local
governments? model Sea Turtle Protection ordinances and model lighting ordinances for marine
turtle protection in order to revise Sec. 6-8 to the extent achievable and practicable for City
departments. Several advocates have publicly requested that the City revise Sec. 6-8.

The City Attorney assumed this project. He researched and evaluated model lighting ordinances
for sea turtle and hatchlings protection, guidelines and recommendations from the Florida Fish and
Wildlife Conservation Commission, Florida Administrative Code, Florida Department of
Environmental Protection, the University of Florida Conservation Clinic, Sea Turtle Conservancy,
Beaches Sea Turtle Patrol, and Florida Sea Turtle Watch. He consulted with representatives from
some of these organizations. He also researched ordinances from many other local governments,
including Nassau, Duval and St. Johns Counties. He also met with directors from City Parks and
Recreation Department, Beaches Energy Services and the Police Chief to discuss how the revisions
set forth in this proposed Ordinance would impact their departments? delivery of services and
ability to comply with the new Sec. 6-8.

The resulting preposed Ordinance is a consolidation of all the research and a comprehensive
collection of the models and current standards.

REQUESTED ACTION

Adopt/Deny Ordinance No. 2020-8140 to make amendments to Sec. 6-8 - Sea Turtle Protection,
of the City Code of Ordinances to conform to current model lighting ordinance regulations,
standards and guidelines.

City of Jacksonville Beach 0 City Hall 0 11 North Third Street 0 Jacksonville Beach 0 FL 32250

Introduced by:
Reading:
2nd Reading:

 

 

 

ORDINANCE NO. 2020-8140

AN ORDINANCE TO AMEND SECTION 6-8 - SEA TURTLE
PROTECTION, OF THE CITY OF JACKSONVILLE BEACH CODE OF
ORDINANCES, PROVIDING FOR AMENDMENTS AND REVISIONS
TO CONFORM TO CURRENT MODEL LIGHTING ORDINANCE
REGULATIONS, STANDARDS AND PROVIDING FOR
LEGISLATIVE FINDINGS, REPEAL OF CONFLICTS, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.

WHEREAS, the City of Jacksonville Beach (?City?) has the authority to adopt this Ordinance
pursuant to Art. 2 of the Constitution of the State of Florida; and Chapter 166, Florida
Statutes; and

WHEREAS, sea turtles are protected by both the Federal Endangered Species Act and the Florida
Marine Protection Act; and

WHEREAS, Section 379.2431, Florida Statutes, the Marine Turtle Protection Act, establishes that
the Florida Fish and Wildlife Conservation Commission has authority to implement its
responsibilities for the protection and conservation of sea turtles and hatchlings, and their coastal
habitats and nests; and

WHEREAS, Section 161.163, Florida Statutes, requires the Florida Department of Environmental
Protection to adopt by rule, guidelines for local government regulations that control
beachfront lighting to protect hatchling sea turtles; and

WHEREAS, the State of Florida developed a model lighting ordinance for marine turtle protection
in Chapter 628-55 Florida Administrative Code which provides local governments with
guidelines and regulations in developing ordinances that control beachfront lighting to protect sea
turtle hatchlings from adverse effects of arti?cial lighting and improvement in nesting habitat
degraded by light pollution, nesting activity and production of hatchlings; and

WHEREAS, the City Council adopted Ordinance No. 2000?7789 which created Section 6-8 - Sea
Turtle Protection, designed to protect sea turtles and hatchlings from adverse effects of arti?cial
interior and exterior lighting in and around the coast line, for mitigation of potential harm?Jl effects
of lighting, and penalties for violation of the section and for injury or harassment of sea turtles;
and

WHEREAS, the City Council recognizes that the City?s beach and shoreline provides a vitally
important natural nesting habitat for sea turtles and hatchlings; and

Page 1 of 9

WHEREAS, the City Council recognizes that arti?cial lighting of beaches is a threat to sea turtles,
and that nesting adults and hatchlings are negatively affected by disorientating arti?cial light that
is visible from the beach; and

WHEREAS, the City Council recognizes that a healthy sea turtle population and the safety of
hatchlings is important for the marine environment, promotes the quality and reputation of the
City?s beach community and businesses, and it enriches the quality of life of its residents, guests
and tourists; and

WHEREAS, the City Council desires to amend Section 6-8 of the City Code of Ordinances to
conform with the current model lighting ordinances for sea turtle, hatchlings and nesting habitat
protection on the beach in the City of Jacksonville Beach; and

WHEREAS, the City Attorney evaluated model lighting ordinances for sea turtle and hatchlings
protection, guidelines and recommendations from the FWC, FAC, FDEP, the University of Florida
Conservation Clinic, Sea Turtle Conservancy, Beaches Sea Turtle Patrol, and Florida Sea Turtle
Watch, and he consulted with representatives from some of these organizations to prepare this
Ordinance; and

WHEREAS, the City Council hereby ?nds that this Ordinance serves legitimate government
purposes, it is a permissible exercise of the City?s powers and authority, and bene?ts the public
health, safety, and welfare of the citizens of the City of Jacksonville Beach; and

WHEREAS, the City Council hereby ?nds that this Ordinance helps to protect nesting and
hatchling sea turtles on the beaches in the City of Jacksonville Beach by safeguarding that their
nesting habitat is not degraded and the turtles are not disorientated by arti?cial light.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF JACKSONVILLE BEACH,
FLORIDA:

SECTION 1. RECITALS AND LEGISLATIVE FINDINGS. The above recitals and
legislative ?ndings are rati?ed, correct and made a part of this Ordinance.

SECTION 2. THAT SECTION 6-8 OF THE CODE OF ORDINANCES, CITY OF
JACKSONVILLE BEACH, FLORIDA, IS HEREBY AMENDED TO READ AS
FOLLOWS. Chapter 6 Beaches and Bulkheads, Article I. In General:

See. 6-8. - Sea Turtle Protection.

Title and citation. This section shall be known and may be cited as the ?City of Jacksonville
Beach Sea Turtle Protection Regulations.?

 

Revisions to the Code are indicated with strikethreugh text to indicate deletions and underline text to indicate
additions.

 

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 Purpose. The purpose of this section is to protect the threatened and endangered sea turtles
that may nest along the beaches of Jacksonville Beach, Florida, by safeguarding sea turtle? and
hatchlings from sources of arti?cial light: and adult and hatchling sea turtles from injury or
harassment.

De?nitions.
For purposes of this article. the following terms shall have the meanings as set forth within this
section.

Artificial liglit or artificial lighting means the light emanating from any human-made device.
Beach means the zone of unconsolidated material that extends landward from the mean low water
line to the place where there is marked change in material or physiographic form. or to the line of

permanent vegetation. usually the effective limit of storm waves.

Bug type bulb means any yellow colored light bulb that is marketed as being speci?cally treated
in such a way so as to reduce the attraction of bugs to the light.

City means the City of Jacksonville Beach. a municipal corporation of the State of Florida.

Coastal construction activities means any work or activity that is likely to have a physical effect
on existing coastal conditions or natural shore and inlet processes or having any portion of work
or activity located seaward of the coastal construction control line established by the Florida

Department of Environmental Protection.

Coastal construction control line means that portion of the beach and coastal barrier dunes as
established pursuant to the provisions of section 161.053. Florida Statutes that lies within the City.

Department means the Florida Department of Environmental Protection.

Directly visible means the line of sight visibility of glowing element(s). 1amp(s). globe(s). or
re?ectorts) of an arti?cial light source by an observer standing on the beach.

Dane means a mound or ridge of loose sediments. usually sand-sized. lying landward of the beach
and deposited by any natural or arti?cial mechanism.

Existing development means any building or structure for which a building permit has been issued
prior to the adoption of this section.

Ground-level barrier shall mean any vegetation. natural feature or arti?cial structure rising from
the ground. which prevents arti?cial lighting from being directly or indirectly visible.

Hatchling(s) shall mean any species of marine turtle. within or outside of a nest that has recently
hatched from an egg.

Page 3 of9

Indirectly illuminated means illuminated as a result of the glowing element(s). lamp(s). globe(s).
or re?ector(s) of an arti?cial light source which is not visible to an observer on the beach.

Long wavelength lighting means light bulbs that produce measures ?ve hundred sixty
(560) nanometers or greater and absent below ?ve hundred sixty (560) nanometers
on a spectroscope. which include low-pressure sodium (LPS). true red. orange. or amber light-
emitting diode (LED). or other lighting sources that produce light that measures greater than ?ve
hundred sixty (560) nanometers and absent below ?ve hundred sixty (560)
nanometers.

Marine turtle means any marine-dwelling reptile of the families Cheloniidae or Dermochelyidae
found in Florida waters or using the beach as nesting habitat. including the species Caretta caretta
(loggerhead). Chelonia mvdas (green). Dermochelvs coriacea (leatherback). Eretmochelvs
imbricate (hawksbill). and Lepidochelvs kempi (Kemp?s ridley). For purposes of this section.
marine turtle is synonymous with sea turtle.

Nest means an area where marine turtle eggs have been naturally deposited or subsequently
relocated.

Nestiitg season means the period from May 1 through October 31 of each year.

New development or construction means new construction of a structure. and remodeling.
renovation or development of existing structures when such work includes new. replacement or
alteration of exterior lighting or any exterior window. glass. glass door. or glazing.

Nighttime means the locally effective time period between sunset and sunrise.

Person means individuals. ?rms. associations. ioint ventures. partnerships. estates. trusts.
syndicates. ?duciaries. corporations. and all other groups or combinations.

Point source means the bulb. lamp or glowing elements of a ?xture from which light is emitted.

Sea turtle protection area shall mean the City Beach area located between the north City limits
boundary with Neptune Beach at 20?11 Ave. North. also known as Seagate Ave.. and the south City
limits boundary with St. Johns County. at the intersection of Duval Drive and Ponte Vedra
Boulevard.

Shielded shall mean a light ?xture which is constructed in a manner that the point source is not
directly visible from the beach.

Tinted glass shall mean any glass treated to achieve an industry-approved. inside-to outside light
transmittance value of fortV-?ve (45) percent or less. Such transmittance is limited to the visible
spectrum (four hundred [400] to seven hundred [700] nanometers) and is measured as the
percentage of light that is transmitted through the glass.

Prohibition of activities disruptive to marine turtles.

Page 4 of 9

The following activities are prohibited on the beach at nighttime during the nesting season:

(1) The operation of all motorized vehicles. except emergency and law enforcement vehicles.
those permitted to be on the beach for marine turtle conservation or research. or those permitted to
be on the beach by the City Manager.

(2) The building of camp?res or bon?res.

(QLQL New?development: Lighting standards for new development or construction. For I_n
addition to the requirements of the Florida Building Code and other regulating entities. the
following lighting standards shall be required for all new development, construction and building
and electrical plans for construction of single-family or multifamily dwellings, commercial or
other structures including electrical plans associated with parking lots, dune walkovers and other
outdoor lighting for real property if there is lighting associated with such construction or
development on real prOperty having any portion located seaward of the coastal construction
control line established by the Florida Department 
or if there are any light sources or any re?ective surfaces of the light ?xture illuminated by such
sources that will be visible from the beach within the sea turtle protection area, such lighting shall
be in compliance with the following:

(1) Outdoor lighting shall be held to the minimum necessary for security and safety. Exterior
arti?cial light ?xtures used expressly for safety or security purposes shall be limited to the
minimum number and con?guration required to achieve their functional role(s). The use of motion
detectors that keep lights off except when approached and that switch lights off within ?ve (5)
minutes are required. Floodlights and landscape or accent lights that will be visible from the beach
are prohibited. Floodlights. up-lights or spotlights designed for decorative and accent purposes that
are directly visible from the beach shall not be used.

(2) Exterior arti?cial light ?xtures shall be designed and positioned so that the point source of light
or any re?ective surface from a light ?xture is not directly visible from the beach. Exterior arti?cial
light ?xtures within line?of?sight of the beach shall be designed as follows:

Completely shielded downlight only ?xtures or recessed ?xtures having low wattage.
long wavelength light sources with non-re?ective interior surfaces. Other ?xtures that have
appropriate shields. louvers. or cut-off features may also be used if they are in compliance with
this paragraph: and

All ?xtures shall be mounted as low in elevation as possible through use of low-
mounted wall ?xtures. low bollards. and/or ground-level ?xtures.

All lighting, including wall?mounted ?xtures, pole lighting, lights on balconies, and any
other type of lighting not speci?cally referenced by this section; shall be of low intensity and shall
be ?tted with hoods or positioned so that the light sources or the re?ective surfaces of any light
?xtures illuminated by such sources are not visible from the beach.

(3991) Low pro?le luminaries shall be used in parking lots and such lighting shall be ?tted with
hoods or positioned so that the light sources or any re?ective surfaces of any light ?xtures
illuminated by such sources are not visible from the beach. Parking areas and roadways. including
any paved or unpaved areas upon which motorized vehicles will park or operate. shall be designed
and located to prevent vehicular headlights from being directly visible from the beach.

Page 5 of9

GHQ) Dune crosswalks shall utilize low pro?le shielded luminaries directed and positioned so
that the light sources or any re?ective surfaces of any light ?xtures illuminated by such sources
are not visible from the beach. Dune crossover lighting shall be limited to the area landward of the
primary dune.

If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used
and ?tted with a hood or positioned so that the light sources or any re?ective surfaces of any light
?xtures illuminated by such sources are not visible from the beach.

669(1) Plates of tinted glass are required for windows and glass doors that are visible from the
beach. The tinted glass shall be any window or glazing that has an industry-approved light
transmittance value of forty-?ve (45) percent or less. Such transmittance shall be limited to the
visible spectrum (four hundred (400) to seven hundred (700) nanometers) and shall be measured
as the percentage of light that is transmitted through the glass, inside to outside.

679$) Temporary security lights lighting at construction sites during the marine turtle nesting
season shall be restricted to the minimal amount necessary and shall incorporate all of the
requirements of this section and shall not be mounted more than ?fteen (15) feet above the ground.
Light sources or any re?ective surfaces of any light ?xtures illuminated by such sources are not
visible from the beach.

9) Vehicular lighting. parking area lighting. and roadway lighting shall be shielded from the beach
through the use of ground-level barriers. Ground-level barriers must not interfere with marine
turtle nesting or hatchling emergence. or cause short? or longierm damage to the beach/dune
system. Only long wavelength lighting shall be used in parking areas within line-of-sight of the
beach. Such lighting shall be:

Set on a base which raises the source of light no higher than forty-eight (48) inches
above the ground: and

ii.) Positioned or shielded so that the light is cast downward and the source of light or any
re?ective surface from the light ?xture is not directly or indirectly visible.

Pool decks. pool facilities. swimming pools. spas and outdoor areas.

(1) Lighting of pool decks. poo] facilities. swimming pools. and spas shall be long wavelength and
fully shielded.

(2) Lighting of the pool water surfaces and the pool wet deck surfaces shall comply with the
minimum light levels set forth in applicable federal and state laws designed to protect public safety.
(3) Above-water lighting of pool decks. pool facilities. swimming pools. and spas shall otherwise
adhere to the applicable requirements for acceptable light ?xtures contained in part of this
section.

(4) Underwater lighting of pools or spa light shall:

a. Be mounted horizontally in the wall.

b. Not produce light that is directly. indirectly. or cumulatively visible from any portion of the
beach. and

0. Shall comply with minimum light with minimum light levels set forth in applicable federal and
state laws designed to protect public safety.

Page 6 of9

(5) Fire pits shall be shielded with an opaque structure or partition. and positioned such that the
?ame is not directly. indirectly. or cumulatively visible from any portion of the beach.

 

 

permit?- In order to provide protection for nesting marine turtles and their hatchlings during marine
turtle nesting_season while maintaining lighting standards necessary for public safety_and security.
the following standards are adopted for arti?cial light sources on all existing developments and
existing structures that are visible from the beach. and shall be in compliance with the following
within six months of the effective date of the ordinancemore of the following measures shall be taken to reduce or eliminate the negative effects
of existing exterior arti?cial lighting so that the point source of light or any re?ective surface a

light ?xture is not directly visible from the beach:

a. Reposition ?xtures so that the point source of light or any re?ective surface of the light ?xture
is no longer visible from the beach.

b. Replace ?xtures having an exposed light source with ?xtures containing recessed light sources
or shields.

0. Replace traditional light bulbs with yellow ?bug? type bulbs not exceeding ?fty (50) watts.

d. Replace nondirectional ?xtures with directional ?xtures that point down and away from the
beach.

e. Replace ?xtures having transparent or translucent coverings with ?xtures having Opaque shields
covering an arc of at least one hundred eighty (180) degrees and extending an appropriate distance
below the bottom edge of the ?xture on the seaward side so that the light source or any re?ective
surface of the light ?xture is not visible from the beach.

f. Replace pole lamps with low pro?le, low level luminaries so that the light source or any
re?ective surface of the light ?xture is not visible from the beach.

g. Replace incandescent, ?uorescent and high intensity lighting with the lowest wattage low
pressure sodium vapor light possible for the speci?c application.

h. Plant or improve vegetation buffers between the light source and the beach to screen light from
the beach.

i. Construct a ground level barrier to shield light sources from the beach when possible. Ground
level barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short-
or long-term damage to the beach/dune system.

j. Permanently remove or permanently disable any ?xture which cannot be brought into
compliance with the provisions of these standards.

(2) Lights illuminating dune crosswalks shall be turned off after 9:00 pm. between May 1 and

October 1 of each year, or must be modi?ed to conform to the requirements for new development
in accordance with paragraph of this section.

Page 7 of9

(3) Security and emergency exit lighting shall follow the same requirements stated in paragraph
above. If high intensity lighting is necessary, low-pressure sodium vapor luminaries shall
be used and ?tted with a hood or positioned so that the light sources or any re?ective surfaces of
any light ?xtures illuminated by such sources are not visible from the beach. Nothing in this
paragraph is intended to or shall limit or discourage the use of ?oodlights 0r spotlights of any color
activated by the motion of person or vehicle on the property. Any such light shall provide
illumination for a period not to exceed ?ve (5) minutes each time motion is detected by it.

(4) At least one (1) of the following measures shall be taken, where applicable, to reduce or
eliminate the negative effects of interior light emanating from doors or windows within line of
sight of the beach, where lights currently illuminate the beach:

a. In windows facing the Atlantic Ocean, tinted window treatments are required for windows that
are visible from the beach so that indoor lights do not illuminate the beach. The tinted glass shall
be any window or glazing that has an industry-approved light transmittance value of forty-?ve
(45) percent or less. Such transmittance shall be limited to the visible spectrum (four hundred (400)
to seven hundred (700) nanometers) and shall be measured as the percentage of light that is
transmitted through the glass, inside to outside.

b. Rearrange lamps and other movable ?xtures away from windows.

c. Use window treatments, including but not limited to blinds and curtains, to shield interior lights
from the beach and, during May 1 through October nesting season, draw the operable window
coverings; and/or

d. Turn off unnecessary lights.

    

(eh) Publicly owned lighting.

 

streetlights. public parking =lots and lights on the public boardwalk =and the SeaWalk Pavilion. al_l
publicly owned lighting with light sources that are visible from the beach shall be shielded shaded
or positioned so that the point source of arti?cial light is not visible from the beach and do not
directly. indirectly or cumulatively illuminate the beach. or they shall be extinguished between
sunset and sunrise during marine turtle nesting season.

 

turtle-nest: Publicly?owned lights in public parking lots and the SeaWalk Pavilion shall be shielded.
shaded. or shall not be utilized from 11:00 pm. until 7:00 am. each morning if they are located
within three hundred (300) feet of the actual site of a sea turtle nest.

 

and lights on the

 

public boardwalk are not subiect to the terms of this section. However. it is the intent of the City

Page 8 of9

that streetlights and lights on the public boardwalk shall be shielded. shaded. located or positioned
so that they do not illuminate any portion of the beach that is located within three hundred (300)
feet of the actual site of a sea turtle nest.

Q) Exempted from the terms of this section are official traf?c control devices and of?cial traf?c
control signals.

Unlaw?Jl to kill, molest, or injure sea turtles. hatchlings or nests. It shall be unlawful for any
person to kill, molest, or cause direct or indirect injury to any species of sea turtles or hatchlings
in the sea turtle protection area, o_n Jacksonville Beach or within itsjurisdictional waters. It shall
be unlawful to collect or possess any part of a sea turtle. turtle nest. or eggfs). The City will
cooperate with the appropriate State and Federal Agencies in prosecuting violations of State and
Federal laws and all laws relating to this section.

(gj) Penalties for violation; resort to other remedies. Violation of the provisions of this section
or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or
?rm who violates this division section or fails to comply with any of its requirements shall upon
conviction thereof be ?ned or imprisoned, or both, as provided by law. Each day such violation
continues shall constitute a separate offense. Each sea turtle killed, injured, or molested shall
constitute a separate violation. Any person who commits, participates in, assists in, or maintains
such violation may each be found guilty of a separate offense and suffer the penalties herein
provided. The City, in addition to the criminal sanctions contained herein, may take any other
appropriate legal action, including but not limited to injunctive action, to enforce the provisions of
this section.

SECTION 3. CONFLICTING ORDINANCES AND ACTS. All ordinances,
resolutions, of?cial determinations or parts thereof previously adopted or entered into by the City
or any of its of?cials and that are in con?ict with this ordinance are repealed to the extent
inconsistent herewith

SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this
ordinance is held invalid, the remainder shall not be affected by such invalidity

SECTION 5. CODIFICATION. The City Council intends that this Ordinance will be
made a part of and codi?ed in the City of Jacksonville Beach Code of Ordinances.

SECTION 6. EFFECTIVE DATE. This Ordinance will immediately take effect upon its
adoption by the City Council.

AUTHENTICATED THIS DAY OF A.D., 2020.

 

William c. Latham, Mays;

 

Laurie Scott, City Clerk

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