Ord 35-01ORDINANCE NO. 35-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, CHAPTER
91, "ANIMALS"; BY AMENDING SECTION 91.51, "LIGHTING
RESTRICTIONS ALONG BEACH", TO PROVIDE FOR A
CHANGE IN THE DATES AND TIMES THAT ARTIFICIAL
LIGHTING ALONG THE BEACH SHALL BE PROHIBITED;
PROVIDING A GENERAL REPEALER CLAUSE, SAVINGS
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City is required to have regulations in place, that are as stringent as
Palm Beach County Ordinances concerning the protection of sea turtles, if the City wishes to
continue to receive funds from the County for dune restoration and shore preservation projects;
and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 91, "Animals", of the Code of Ordinances of the City of
Delray Beach, is hereby amended by amending Section 91.51, "Lighting Restrictions Along
Beach", to read as follows:
Section 91.51 LIGHTING RESTRICTIONS ALONG BEACH.
"BEACH" is defined for purposes of this subchapter as being that land along the Atlantic
Ocean extending either to the dune or permanent vegetation within the city limits. No artificial
light shall illuminate any area of the beach which may be used for turtle nesting and hatchlings.
In order to accomplish this, all lighting shall be shielded or screened so that the light is not a
visible source from the beach during the night period from May March 1 to October 31 of each
year. "NIGHT PERIOD" is defined herein as being that time a~er ! 1:00 ~, .......... s ........
a.m. from dusk until dawn.
Section 2. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby, repealed.
Section 3. That should any section or provision of this ordinance, or any portion thereof,
or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof, other than the part declared to be invalid.
Section 4. That this ordinance shall become effective upon adoption on second and final
reading.
PASSED_AND ADOPTED in regular session on second and final reading on this the
. day of (,~,~.,, ,2001. ~
ATTEST:
Acting City Clerk
MAYOR
First Reading
Second Reading
2 ORD. NO. 35-01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM #/0~ - REGULAR MEETING OF JUNE 19, 2001
ORDINANCE NO. 35-01 (AMENDING CHAPTER 91 ANIMALS)
JUNE 15, 2001
This is second reading and public hearing for Ordinance No. 35-01 which amen& Chapter 91,
"Animals", of the Code of Ordinances by modify/rig Section 91.51, "Lighting Restrictions Along
Beach" to provide for a change in the dates and times that artificial lighting along the beach shall be
prohibited.
County funds that are expended for dune restoration or shore protection projects wkhin
municipalities are contingent upon the municipality adopting an equally stringent or more stringent
ordinance regarding lighting restrictions for sea turtles. This ordinance will bring the City's lighting
requirements into compliance with the lighting requirements of the County's ordinance enabling the
City to continue to receive County funds for shore preservation or dune restoration.
The changes provide that lighting restrictions shall be in place from dusk to dawn rather than from
11:00 p.m. to 6 a.m. and shall extend from March 1~, rather than May 1st until October 31s~ of each
year.
At the first reading, Commission unanimously approved this ordinance. Recommend approval of
Ordinance No. 35-01 on second and final reading.
Ref.'Agmemo21.Ord 35 -01 .LtghtangRestnctionSeaTurdes.06 19.01
[ITY DF I]ELARY BEI:I[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
AII.Amerb ~
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line: 561/243-7091
May 23, 2001
City Commission
David Harden, City~__Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Modification of Lighting Restrictions Regarding Sea Turtles
County funds that are expended for dune restoration or shore protection projects within
municipalities are contingent upon the municipality adopting an equally stringent or more
stringent ordinance regarding lighting restrictions for sea turtles. The ordinance will
bring the City's ordinance more into compliance with the lighting requirements of the
County's ordinance, and are necessary for the City to continue to receive County funds
for shore preservation or dune restoration. If additional changes are required by the
County they will be brought forward at a future date.
The changes provide that lighting restrictions shall be in place from dusk to dawn rather
than from 11:00 p.m. to 6:00 a.m. and shall extend from March 1, rather than May 1,
until October 31 of each year.
Our office requests that this item be placed on the June 5, 2001 City Commission
agenda. Please call if you have any questions.
CC:
Barbara Garito, Acting City Clerk
Dan Marfino, Principal Planner
ORDINANCE NO. 35-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, CHAPTER 91, "ANIMALS"; BY
AMENDING SECTION 91.51, "LIGHTING RESTRICTIONS ALONG
BEACH", TO PROVIDE FOR A CHANGE IN THE DATES AND TIMES
THAT ARTIFICIAL LIGHTING ALONG THE BEACH SHALL BE
PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE,
SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City is required to have regulations in place, that are as stringent as Palm Beach
County Ordinances concerning the protection of sea turtles, if the City wishes to continue to receive
funds from the County for dune restoration and shore preservation projects; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 91, "Animals", of the Code of Ordinances of the City of Delray
Beach, is hereby amended by amending Section 91.51, "Lighting Restrictions Along Beach", to read as
follows:
Section 91.51 LIGHTING RESTRICTIONS ALONG BEACH.
"BEACH" is defined for purposes of this subchapter as being that land along the Atlantic Ocean
extending either to the dune or permanent vegetation within the city limits. No artificial light shall
illuminate any area of the beach which may be used for turtle nesting and hatchlings. In order to
accomplish this, all lighting shall be shielded or screened so that the light is not a visible source from
the beach during the night period from May March 1 to October 31 of each year. "NIGHT PERIOD"
is defined herein as being that time ,,r~,,. ~ ~ .aa ,, ,-,, th ..... ~, ,~, n.aa ~, ,-,, from dusk until dawn.
Section 2.
hereby, repealed.
That all ordinances or parts of ordinances in conflict herewith be and the same are
Section 3. That should any section or provision of this ordinance, or any portion thereof, or any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the
part declared to be invalid.
Section 4.
reading.
That this ordinance shall become effective upon adoption on second and final
of
PASSED AND ADOPTED in regular session on second and final reading on this the ~
,2001.
day
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 35-01
[lTV OF DELRI:i¥ BEI:I[H
CITY ATTORNEY'S
DELRAY BEACH
Ali. America Cily
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
~7 4~
TELEPHONE 561/243-7090' FACSIMILE 561/. 8- /55
Writer's Direct Line' 561/243-7091
May 15, 2001
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Modification of Lighting Restrictions Regarding Sea Turtles
County funds that are expended for dune restoration or shore protection projects within
municipalities are contingent upon the municipality adopting an equally stringent or more
stringent ordinance regarding lighting restrictions for sea turtles. The proposed changes
will make the City's ordinance as stringent as the County's ordinance and thus allow the
City to continue to receive County funds for shore preservation or dune restoration.
The changes provide that lighting restrictions shall be in place from dusk to dawn rather
than from 11:00 p.m. to 6:00 a.m. and shall extend from March 1, rather than May 1,
until October 31 of each year.
Our office requests that this item be placed on the June 5, 2001 City Commission
agenda. Please call if you have any questions.
CC:
Barbara Garito, Acting City Clerk
Dan Marfino, Principal Planner
ORDINANCE NO. 35-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, CHAPTER 91, "ANIMALS"; BY
AMENDING SECTION 91.51, "LIGHTING RESTRICTIONS ALONG
BEACH", TO PROVIDE FOR A CHANGE IN THE DATES AND TIMES
THAT ARTIFICIAL LIGHTING ALONG THE BEACH SHALL BE
PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE,
SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City is required to have regulations in place, that are as stringent as Palm Beach
County Ordinances concerning the protection of sea turtles, if the City wishes to continue to receive
funds from the County for dune restoration and shore preservation projects; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 91, "Animals", of the Code of Ordinances of the City of Delray
Beach, is hereby amended by amending Section 91.51, "Lighting Restrictions Along Beach", to read as
follows:
Section 91.51 LIGHTING RESTRICTIONS ALONG BEACH.
"BEACH" is defined for purposes of this subchapter as being that land along the Atlantic Ocean
extending either to the dune or permanent vegetation within the city limits. No artificial light shall
illuminate any area of the beach which may be used for turtle nesting and hatchlings. In order to
accomplish this, all lighting shall be shielded or screened so that the light is not a visible source from
the beach during the night period from M2y March 1 to October 31 of each year. "NIGHT PERIOD"
is defined herein as being that time .,r,,~,. ~ ~ .c~n ,, ,,, ,~, ..... ~, t~, ~;.ac~ ~, ,,, from dusk until dawn.
Section 2.
hereby, repealed.
That all ordinances or parts of ordinances in conflict herewith be and the same are
Section 3. That should any section or provision of this ordinance, or any portion thereof, or any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the
part declared to be invalid.
Section 4.
reading.
That this ordinance shall become effective upon adoption on second and final
of
PASSED AND ADOPTED in regular session on second and final reading on this the ~
,2001.
day
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 35-01
,j
:J
LEGAL
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~mF,~TION~ ~OUi~EMENT~
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~TIT~S ~ ~DITI~L
~ L.L~L NOmF. S
H, AMENDING THE CODE OF
~<)RDINANCES 8FTHE [TIY OF DEL-
' RAY BEACH, CHAPTER 91,
.51,"' BY AMENDING ~Cl'ION
"LIGHTING RESTRIGTIONG
L.N.ONG SEAO¢, TO PROVIDE FOR A
~I)~m,.NGE iN lHE DALES AND llMES
~I'HAT ARTIFmCmAL LIGHTING ALONG
Dff4G A GENERAL REPEA~R
ONOF ll.E CITY OF OF. LRAY
, q3OUCE AND FIRE DEPART-
NTS', *SUBFFr. ADING 'PEN-
: IF. ACH, FLORID& BY AMENDING
· SEGq'ION 3&685, 'DEFERRED
~ t~E (~NSK)N BOARD TO
~cLECT A ll4iRD PARTY ADMINIS-
tRATOR TO PROVIDE A SELF
~OR DR()P ACCOUNI~. PROVlD(NG A
~AIJDIIY ~ ANO PROVIDING
~m a w~mDm m~:m:m mm:;~ude~ ~ ~-
~xq~a] s Io be based. 1he ~ ~oes net
im'ov~ mr Ixe~m such ~m Pu~-
I~TY OF DELP~Y BBACH
CITY ATTORI:. ¥'S OFFICE
DELRAY BEACH
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direr Line: 561/243-7091
May 23, 2001
City Commission
David Harden, City..M_.Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Modification of Lighting Restrictions Regarding Sea Turtles
County funds that are expended for dune restoration or shore protection projects within
municipalities are contingent upon the municipality adopting an equally stringent or more
stringent ordinance regarding lighting restrictions for sea turtles. The ordinance will
bring the City's ordinance more into compliance with the lighting requirements of the
County*s ordinance, and are necessary for the City to continue to receive County funds
for shore preservation or dune restoration. If additional changes are required by the
Cbunty they will be brought forward at a future date.
The changes provide that lighting restrictions shall be in place from dusk to dawn rather
than from 11:00 p.m. to 6:00 a.m. and shall extend from March 1, rather than May 1,
until October 31 of each year.
Our office requests that this item be placed on the June 5, 2001 City Commission
agenda. Please call if you have any questions.
Barbara Garito, Acting City Clerk
Dan Marfmo, Principal Planner
ORDINANCE NO. 35-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, CHAPTER 91, "ANIMALS"; BY
AMENDING SECTION 91.51, "LIGHTING RESTRICTIONS ALONG
BEACH", TO PROVIDE FOR A CHANGE IN THE DATES AND TIMES
THAT ARTIFICIAL LIGHTING ALONG THE BEACH SHALL BE
PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE,
SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City is required to have regulations in place, that are as stringent as Palm Beach
County Ordinances concerning the protection of sea turtles, if the City wishes to continue to receive
funds from the County for dune restoration and shore preservation projects; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 91, "Animals", of the Code of Ordinances of the City of Delray
Beach, is hereby amended by amending Section 91.51, "Lighting Restrictions Along Beach", to read as
follows:
Section 91.51 LIGHTING RESTRICTIONS ALONG BEACH.
"BEACH" is defined for purposes of this subchapter as being that land along the Atlantic Ocean
extending either to the dune or permanent vegetation within the city limits. No artificial light shall
illuminate any area of the beach which may be used for turtle nesting and hatchlings. In order to
accomplish this, all lighting shall be shielded or screened so that the light is not a visible source from
the beach during the night period from May March 1 to October 31 of each year. "NIGHT PERIOD"
,~, ..... ~. ,,. s:.nn., ... from dusk until dawn.
is defined herein as being that time ~er ! ! :00 ~.m ..... o ..............
Section 2.
hereby, repealed.
That all ordinances or parts of ordinances in conflict herewith be and the same are
Section 3. That should any section or provision of this ordinance, or any portion thereof, or any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the
part declared to be invalid.
d
Section 4.
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the ~
of ,2001.
ATTEST: M A Y O R
City Clerk
First Reading
That this ordinance shall become effective upon adoption on second and final
day
Second Reading
2 ORD. NO. 35-01