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49-87 ORDINANCE NO. 49-87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA , AMENDING CHAPTER 5, "ANIMALS AND FOWL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW ARTICLE IV, "SEA TURTLES" (RELATING TO THE PROTECTION OF SEA TURTLES), WHICH RESTRICTS OUTDOOR LIGHTING IN BEACH AREAS; PROVIDING FOR ENFORCEMENT; AND PROVIDING AN. EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, has an oceanfront beach which serves as a prime nesting habitat for sea turtles; and, WHEREAS, existing development threatens the survival of turtle hatchlings because the artificial light causes disorientation in hatchlings; and, WHEREAS, the sea turtle has been identified as a threatened and endangered species; and, WHEREAS, the protection of sea turtle hatchlings is of signif- icant public interest; and, WHEREAS, the City of Delray Beach actively pursues a turtle monitoring program for the protection of turtle nests and hatchlings by identifying nests and relocating them if they are endangered; and, WHEREAS, the City of Delray Be~ch actively pursues the protec- tion turtle nests and hatchlings by identifying nests and a turtle monitoring program for relocating them if they are endangered; and, WHEREAS, this ordinance is necessary to protect the natural reproductive cycle of the sea turtle during the nesting and hatchling season which runs from May 1, through October 31, of each year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~. That Chapter 5, "Animals and Fowl", be and the same are hereby amended by enacting a new Article IV, "Sea Turtles", to read as follows: Section .... ~.D_~_9. The purpose of this Article is to protect the threatened and endangered sea turtles which nest along the beaches of the City of Delray Beach, Florida, by safeguarding the hatchlings from sources of artificial light. Section Liahtina Restriction Aloha the Beach. The "beach" is defined for purposes of this Article as being that land along the Atlantic Ocean extending either to the dune or permanent vegetation within the City Limits of Delray Beach. No artificial light shall illuminate any area of the beach which may be used for turtle nestinq and hatchlln~. 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 1st to October 31st of each year. The "night period" is defined herein as being that time after 11:00 p.m. through to 6:00 a.m. Section .... Publicly Owned Liqhtina. Publicly owned street lights, and lighting at parks-and other pubiicly 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 prevent backlighting and render such lights not visible from the beach. B. Lights at parks or other public beach access points shall be shielded or shaded; or, to the extent same are determined by the City not to be necessary for public safety purposes, shall not be utilized during the period May 1, to October 31, of each year. Section Enforcement and Penal~y. This Article shall be enforced in accor~c~ with the provisions of this Code of Ordinances and/or other applicable law. ~. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 23rd day of June ...... , 1987. MAYOR ATTEST: Cit~ Clerk First Reading June 9, 1987 Second Reading June 23L 1987 2 ORD. NO. 49-87