Neptune Beach |
Code of Ordinances |
Part II. CODE OF ORDINANCES |
Chapter 8. BUILDINGS AND BUILDING REGULATIONS |
Article VII. COASTAL CONSTRUCTION CODE |
Division 3. BEACHFRONT LIGHTING TO PROTECT MARINE TURTLES |
§ 8-244. Definitions.
For the purpose of this division, certain terms and words are defined as follows:
Artificial light means any source of light emanating from a human made device.
Beach means that area of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form, or to the line of non-pioneering vegetation.
Bug light or bug type bulb means any yellow-colored light bulb that is marketed as being specifically treated in such a way so as to reduce the attraction of insects to the light.
City means the City of Neptune Beach, a political subdivision of the State of Florida.
Coastal construction activities means any work or activity that may have a physical effect on existing coastal conditions or natural shore and inlet processes.
Coastal construction control line (CCCL) means the portion of the coastal control line established pursuant to the provisions of F.S. § 161.053 that lies within the City of Neptune Beach.
Cumulatively illuminated means illuminated by numerous artificial light sources that as a group illuminate any portion of the beach. Such cumulative illumination must be bright enough to cast a shadow on any portion of the beach during any night of the sea turtle nesting season.
Department means the Florida Department of Environmental Protection (FDEP).
Directly illuminated means illuminated as a result of glowing element(s), lamp(s), globe(s), or reflector(s) or any artificial light source which is visible to an observer on the beach.
Dune means a mound or ridge of loose sediments, usually sand sized, lying landward of the beach and deposited by any natural or artificial mechanism, which may be bare or covered with vegetation, and is subject to fluctuations in configuration and location.
Frontal or fore dune means the first line of continuous and dynamic dunes (either natural or manmade) encountered landward of the active beach.
Ground level barrier means any vegetation, natural feature or artificial structure rising from the ground that prevents beachfront lighting from shining directly onto the beach or dunes.
Hatchling means any species of marine turtle, within or outside of a nest, that has recently hatched from an egg.
Indirectly illuminated means illuminated as a result of the glowing element(s), lamp(s) glove(s), or reflector(s) or any artificial light source which is not visible to an observer on the beach.
Inspector means an inspector designated by the City of Neptune Beach.
Low pressure sodium luminaire (LPS) means an electric discharge lamp containing sodium neon, and argon, that when illuminated appears amber-yellow.
Low profile luminaire means a light fixture set on a base which raises the source of light no higher than twenty-four (24) inches above the ground, and is designed in such a way that light is directed downward from a hooded light source.
Marine turtle means any marine dwelling reptile of the families Cheloniidae or Dermochelyidae found in Florida waters and using the beach as nesting habitat including the species: Caretta caretta (loggerhead), Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricata (hawksbill), and Lepidochelys Kempi (Kemp's Ridley). For purposes of this ordinance, marine turtle is synonymous with sea turtle.
Nest means an area where marine turtle eggs have been naturally deposited or subsequently relocated.
Nesting season means the period from May 1 to October 31 of each year.
New development means new construction and remodeling of existing structures when such remodeling includes alteration of exterior lighting.
Person means any individual, firm, association, joint venture, partnership, estate, trust syndicate, fiduciary, corporation, group, unit of federal, state, county or municipal government, and all other groups or combinations thereof.
Pole lighting means a light fixture set on a base or pole which raises the source of the light higher than twenty-four (24) inches off the ground.
Primary dune means the most seaward dune with sufficient alongshore continuity which has sufficient height and configuration or vegetation to offer protective value.
Publicly owned light means lighting installed by a public or private entity which is owned by, or rented or leased to a governmental agency, or lighting installed on public property.
Red light emitting diodes (LED) means miniature lamps that emit pure red light that does not vary in color over the life of the lamp. These lamps may be used in multiples to form strips of small lamps within a light fixture.
Shield means a non-reflective covering, canopy or other such device fitted over and extended below a light source preventing light from illuminating the beach.
Tinted or filmed glass means any glass treated to achieve an industry-approved, inside to outside light transmittance value of forty-five (45) percent or less. Such transmittance is limited to the visible spectrum (400—700 nanometers) and is measured as the percentage of light that is transmitted through the glass.
True neon means a tubular lamp containing neon gas that emits pure red light. Not to be confused with tubular fluorescent lamps which may appear as various colors.
(Ord. No. 1999-01, § 4, 8-2-99; Ord. No. 2017-18 , § 1, 7-5-17)