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<br />ORDINANCE NO. 2009 - ~ <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, RELATING TO THE SEA <br />TURTLES PROTECTION, TURTLE NESTING PROTECTION <br />REGULATIONS; PROVIDING FOR PURPOSE AND INTENT; <br />PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED <br />ACTIVITIES; PROVIDING FOR LIGHTING STANDARDS ON <br />EXISTING AND NEW DEVELOPMENTS IN THE PUBLIC BEACH <br />AREA IN THE MUR DISTRICT; PROVIDING FOR PENALTIES <br />FOR VIOLATION; PROVIDING FOR SEVERABILITY; PROVIDING <br />FOR REPEALER; PROVIDING FOR CODIFICATION; PROVIDING <br />FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, in accordance with Florida Statues Chapter 370 and the U.S. Endangered <br />Species Act of 1973, the City of Sunny Isles Beach ("City") is authorized to adopt regulations <br />designed to prevent the killing, molesting, harassment or cause direct or indirect injury to any species <br />of marine turtle in the City of Sunny Isles Beach or within its jurisdictional water; and <br /> <br />WHEREAS, the City deems it to be in the best interest of its marine species and for the <br />safeguarding of these animals, and to provide citizens, and visitors with guidelines <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Purpose and Intent. The purpose of this ordinance is to reduce the impacts of artificial <br />coastal lighting on threatened and endangered sea turtles that nest on the beach of the City of Sunny <br />Isles Beach by restricting artificial lighting and other activities that disorient turtle hatchlings, <br />causing them to crawl toward land rather than toward the ocean. This ordinance is intended to <br />provide overall improvements in nesting habitat degraded by light pollution, and increase successful <br />nesting activity and production of hatchlings. The restrictions and constraints ofthis ordinance shall <br />be effective within the incorporated areas of the City of Sunny Isles Beach and apply to any coastal <br />lighting or other activity that has the potential to adversely impact sea turtles within city limits. <br /> <br />Section 2. <br /> <br />Definitions. The following definitions shall apply under this Ordinance. <br /> <br />Artificial Light means any point source of light emanating from a device <br />made by humans, including but not limited to incandescent mercury vapor, <br />metal halide, sodium lamps, fluorescent, flashlights, spotlights, streetlights, <br />vehicular lights, construction lights, security lights, bonfires, or any light <br />emanating from any reflective surface of the device. <br /> <br />Beach means that area of sand that extends landward from the mean low- <br />water line of the Atlantic Ocean, to the place where there is a marked change <br />