39-91 FAILED
4/23/91
~RDINANCE NO. 39-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL
REGULATIONS", CHAPTER 91, "ANIMALS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTIONS 91.51 AND 91.52, "SEA TURTLES", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA; TO PROVIDE FOR THE PROTECTION OF THREATENED
AND ENDANGERED SEA TURTLES WHICH NEST ALONG THE
BEACHES OF THE CITY BY SAFEGUARDING THE HATCHLINGS
FROM SOURCES OF ARTIFICIAL LIGHT; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 9, "General Regulations", Chapter 91,
"Animals", Sections 91.51 and 91.52, "Sea Turtles", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
SECTION 91.51 LIGHTING RESTRICTIONS ALONG BEACH
"Beach" is defined, for purposes of this subsection, 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 permanently shielded or screened, so that the light ~s-~e~
a-w~s~b~e-se~ee source is not visible from the beach and the beach
is not illuminated during the night period from May 1 to October 31
of each year. "Night Period" is defined herein as being that time
a~e~-~-~?m?-~h~e~h-6~B-a~m~ from sunset through sunrise.
SECTION 91.52 PUBLICLY-OWNED LIGHTING
Publicly-owned street lights, and lighting at parks on the
barrier island and other publicly-owned beach access areas, shall
be subject to the following:
(A) Whenever possible, street lights shall be located so
that the bulk of their illumination will travel away from the
beach. S~h-~h~s-sha~-~e--ee/H~e~-w~h-sha~es-~--sh~e~s
~h~-w~½~--p~eve~-bae~h~§--a~--~e~e~-s~eh--½~h~s--~e
~s~B~e-f~em-~he-beaeh? Where street lights are necessary for
public safety purposes, they shall be equipped with low
pressure sodium vapor lamps.
(B) Lights at parks on the barrier island or other
public beach access points shall be shielded or shaded or, to
the extent lights are determined by the City not to be
necessary for public safety purposes, shall not be utilized
during the period from May 1 to October 31 of each year.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 3. That all ordinances or partsof ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. 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 ~ day of . , 1991.
MAYOR
ATTEST:
City Clerk
First Reading.
Second Reading
FAILED
4/23/91
·
~I 2 ORD. NO. 39-91
BOCA BATON NEWS
DELRAY BEACH NEWS
BOYNTON BEACH NEWS
Published
Off/ce M ~e City Cli~'~ ~ C~
Mon'day thr~ Sunday ~ ~w;'~ ~ ~.
Boca Rain, Palm Beach County, Florida ~ ~ ~ ~
Delray Beach, Palm Beach County, Florida ~~~.
STATE OF FLORIDA B~CH, FL~I~ ~DING
C~ OP. ~Ol~N~ OF [ THE
Before the undersigned authority personally o~ ~ ~
appea~ed NANCY WA~ who on oath says that she ~'~'~'~ ~
is the Classified Advertising Manager of the Boca ~ ~
Baton News and the Delray Beach News, d~fly ~T~, ~ ,~r~
newspapers published at Boca Raton in Palm ~T~,' ~CT,~
~LI6HTIN~', ~ THE ~ND
Beach County, Florida; that the at~ched copy of OPMENT REGU~TI~ OF
C~ ~ ~DINA~S ~ THE
advertisement was published in said newspapers c(w.o~ ~R~Y ~,
in the issues of: T,Om *~' ~ es~, TO
~OVIDE FOR THE P~EcTIoN
~ CITY BY ~FEGU~I~ T~
~TC~fNGS FR~ ~ OF
A~T~ICIAL LIGHT~ PROLONG
News and Delray Beach News are newspapers pub- B~, F~,~ ~m
Florida, Monday through Sunday, and have been co~ ~ ~o~s
entered as second class mater at the post office in ~ ~' ~o,~ s~c~,0,
Boca Baton, Palm Beach County, Florida, for ape- sE~ (~ ~NO EN~.G
riod of one year next preceding the fMst publica- ~*~ ~ ~Y ~ ~'~m-
I~ CHA~ER ~ $HA~ 8E TO
affiant further says that she has neither paid nor ~; PR~IDI~ A ~VING
C~USE; PROVIDI~ A
promised any person, f~m or corporation any dis- REELER C~USE; PR~IOI~
count, rebate, commission or refund for the p~- ~ ~ ~ ~ ~.
pose of securing this advertisement for publication ~ ~' ~ ~
in said newspapers. ~ ~ ~ ~ ~
Sworn to and subscribed before me this
,
My Commission e ~,~ [~ Ins. Co. ' ': '~'