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HomeMy WebLinkAboutOrdinance Chapt 108-Sea Turtler TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Stan Morris, City Manager Amy Canales, Planning& Zoning Director February 19, 2026 Ordinance Amending City's Code of Ordinances, Chapter 108 Article III Revising Sea Turtle Protection Standards RECOMMENDATION: Staff recommends adoption of this ordinance. REASONS: This ordinance is being presented as an update to the City's current codes for sea turtle protection. In the State of Florida, thousands of baby sea turtles die every year due to artificial lighting from properties along the coast. Artificial lighting disorients hatchlings and attracts them.to go into areas dangerous to them, rather than going into the ocean. The Florida Fish and Wildlife Commission (FWC) is required by statute to establish guidelines that help local governments reduce the impact that artificial lighting has to sea turtle hatchlings. They have created a model ordinance with the latest safety guidelines for municipalities to implement. To date, numerous municipalities have adopted standards based on this model ordinance to keep up with the latest sea turtle lighting standards. The City's existing sea turtle lighting codes were originally adopted in 2009, with minimal updates since. As part of their annual inspections, Miami -Dade County Parks, Recreation and Open Spaces Department Sea Turtle Conservation Program has identified many properties within our City that are in violation of sea turtle lighting standards. By updating the City's current codes with FWC's model ordinance, we will reduce the impact from new and existing development properties within our jurisdictional beaches. The ordinance requires the exterior and interior lighting of all new construction proposed after adoption of the ordinance to be in compliance. Existing developments with lighting visible from the beach must bring all exterior lighting into compliance within three (3) years of adoption of the ordinance. The interior lighting of existing commercial properties, as well as the common elements of residential Item Number: 6.0 474 condominiums, and the common areas of hotels, apartment -hotels, and residential apartments shall take one of the following measures within three (3) years of adoption of the ordinance: apply window tint or film that meets the light transmittance standards for tinted glass, rearrange lamps or other moveable fixtures away from windows, or use opaque shades or room darkening window treatments. The interior lighting of existing individually owned condominium units, individually rented apartment units, and the guest rooms of hotels and apartment -hotels are encouraged to reduce, minimum, or eliminate the negative effects of existing interior lighting visible from the beach at nighttime, but will not be subject to full compliance of the ordinance. ADDITIONAL INFORMATION: The adoption of this Ordinance will have a financial impact on businesses within the City which is reflected in the attached Business Impact Statement. ATTACHMENTS: Ordinance Business Impact Estimate Item Number: 6.0 475 ORDINANCE NO.2026 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING ARTICLE III, IN CHAPTER 108, OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, ENTITLED, "SEA TURTLE PROTECTION STANDARDS," AND CREATING A NEW ARTICLE III, IN CHAPTER 108, ENTITLED "SEA TURTLE PROTECTION STANDARDS," TO ESTABLISH UPDATED REGULATIONS AND STANDARDS FOR COASTAL AND BEACH ARTIFICIAL LIGHTING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") recognizes that light pollution of beaches is a serious threat to sea turtles and other species inhabiting its beaches; and WHEREAS, the City recognizes that nesting adult and hatchling sea turtles are negatively affected by light pollution created by artificial light visible from any portion of the beach; and WHEREAS, the City recognizes that sea turtles are protected by federal and state law; and WHEREAS, the City recognizes that both its economy and the quality of life of its residents are enriched by a healthy sea turtle population; and WHEREAS, the City desires to minimize the detrimental effect on nesting sea turtle populations, and other listed sensitive wildlife by implementing an updated system of rules and regulations that reduce the amount of artificial light intentionally or unintentionally visible from beaches. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS': Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Repeal of Article III, in Chapter 108. Article III, in Chapter 108, of the City's Code of Ordinances, entitled "Sea Turtle Protection Standards," is hereby repealed as follows: ARTICLE III - Sea Turtle Protection Standards ' Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, deletions on first reading are shown as stfikedffeugh and deletions on second reading are shown as d ketIffoug . Page 1 of 16 476 �roe�ee�r�wa� � �nw��urwrwww� .NrKMAIAM�AAlk1.�kR7.�MIR1Rll - - -- - -- -- -- - - --- -- --- -- --- - -- -- -- --- ------------- Page 2 of 16 477 � � . e � :tS��lP7SSlT<G7:7:R�L77PI • . ■ .. ■. MY ■_­e MC: Page 3 of 16 478 - - - -- - -- -- -- -- - - -- -- -- -- • - -- -- --- -- - .� MIMW MIMW ME -- - - - - - - - - - -- - - MM Page 4 of 16 479 ! . i�RSii:TS9TlTET�. ___ ' • - _. .. _.. ... . ....... . taaEep to red Ee er eli ,;,;ate the negative e#ests-ateexisting e)(teFim-Qrt+fic�al ligbtiRg- that -eanRet be-bFGUghtiRte Ee Ee %Vith the P, sro„--ef thP--';s +-,�da, Page 5 of 16 480 1111 lip - - - - - -- - - - -- - - -- --=r- - -- - -- - Elm 4MWATAWATA - - - MONIsTaNsTa .- . al Page 6 of 16 481 Section 3. Creation of Article III in Chapter 108. Article III, in Chapter 108, of the City's Code of Ordinances, entitled "Sea Turtle Protection Standards," is hereby created as follows: § 108-14. - Purpose and Objective. The purpose of this article is to protect nesting and hatchling sea turtles on the beaches in the City of Sunny Isles Beach by ensuring that their nesting habitat is not degraded by artificial light. The obiective of the ordinance is for the appropriate design and implementation of coastal lighting systems to ensure that light pollution does not interfere with sea turtle nesting and hatching events while at the same time protecting public safety. In order to further the obiective of full implementation, this article also includes provisions designed to educate residents and beach users in the City of Sunny Isles Beach on the benefits of appropriate coastal lighting and provides for regular inspections to ensure compliance with the acceptable lighting standards. § 108-15. — Definitions. ARTIFICIAL LIGHT - The light emanating from any human -made device, or any light emanating from any reflective surface or device. BEACH - The zone of sand that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation. BEACH LIGHTING INSPECTOR — A Code Enforcement Officer, as defined in Section 14-1 of this Code. CERTIFIED WILDLIFE LIGHTING - Lighting fixtures and bulbs reviewed and approved with conditions of use through the Florida Fish and Wildlife Conservation Commission's Wildlife Lighting Certification Process and published at https://myfwc.com/conservation/you- conserve/lighting/criteria/certified/. CUMULATIVELY VISIBLE - Light from numerous artificial light sources that as a group can be seen by an observer standing anywhere on the beach. DIRECTLY VISIBLE - Occurs when glowing elements, lamps, globes, or reflectors of an artificial light source can be seen by an observer standing anywhere on the beach. FOOT-CANDLE - The English unit for measuring illuminance; the uniform illumination of a surface one foot away from a point source of one candela; one lumen per square foot; equal to 10.76 lux. FRONTAL DUNE: The first natural or man-made mound or bluff of sand which is located landward of the beach and which has sufficient vegetation, height, continuity, and configuration to offer protective value. Page 7 of 16 482 FULL CUTOFF: A lighting fixture constructed in such a manner that no light emitted by the fixture, either directly from the lamp or a diffusing element or indirectly by reflection or refraction from any part of the luminaire, is projected at or above 90' as determined by photometric test or certified by the fixture manufacturer. FULLY SHIELDED: A lighting fixture constructed in such a manner that the glowing elements, lamps, globes, or reflectors of the fixture are completely covered by an opaque material to prevent them from being directly visible from the beach. Any structural part of the light fixture providing this shielding must be permanently affixed. INDIRECTLY VISIBLE: Light reflected from glowing elements, lamps, globes, or reflectors of an artificial light source that can be seen by an observer standing anywhere on the beach without the light source being directly visible. LONG WAVELENGTH: A lamp or light source emitting light wavelengths of 560 manometers or greater and absent wavelengths below 560 nanometers. NESTING SEASON: For the City of Sunny Isles Beach, the sea turtle nesting period is from April 1 through October 31 of each year. NIGHTTIME: The locally effective time period between sunset and sunrise. NON -EGRESS LIGHTING: Exterior lighting that is not being used to light a distinct route or meet minimum requirements for emergency access to or from a building, including but not limited to decorative lights (e.g. strobe lights, string lights, etc.), balcony lights, landscape lights, and uplights. OUTDOOR AREA: Any portion of a property that could have an artificial light source not attached to a permanent structure, including but not limited to pathway lighting, landscape lighting;, pool lighting, etc. SEA TURTLE: Any turtle, including all life stages from egg to adult, of these species: Green (Chelonia mydas), Leatherback (Dermochelys coriacea), Loggerhead (Caretta caretta), Hawksbill (Eretmochelys imbricata), and Kemp's ridley (Lepidochelys kempii). For the purposes of this ordinance, the term sea turtle is synonymous with marine turtle. SEA TURTLE NESTING HABITAT: All sandy beaches adjoining the waters of the Atlantic Ocean, the Gulf of Mexico, and the Straits of Florida in all coastal counties and all inlet shorelines of those beaches. Nesting habitat includes all sandy beach and unvegetated or sparsely vegetated dunes immediately adjacent to the sandy beach and accessible to nesting female turtles. TEMPORARY LIGHTING: Any non -permanent light source that may be hand-held or portable including but not limited to tiki torches, lanterns, flashlights (including cell phone flashlights), candles, flash photography, etc. Page 8 of 16 483 TINTED GLASS: Glass modified via tinting, film or other material to reduce the inside to outside light transmittance value. § 108-16. —Applicability. A. The provisions of this Article apply to all properties that may produce artificial light directly, indirectly, or cumulatively visible from any portion of the beach, regardless of whether those properties are beachfront properties, as well as new and existing artificial lighting visible from the beach from all buildings and related infrastructure, including streetscapes, parking lots, outdoor areas, landscaping, as well as public parks and recreational areas and all other activities. B. The provisions of this Ordinance are not intended to prevent the use of any design, materials or method of installation or operation not specifically prescribed herein, Provided any such alternate has been approved. The City of Sunny Isles Beach may approve any such proposed alternate provided it: (1) Provides at least approximate equivalence to the applicable specific requirements of this Ordinance; and (2) Is otherwise satisfactory or complies with the intent of this Ordinance; and (3) Has been designed or approved by a registered lighting or electrical engineer and is supported by calculations showing that the design submitted meets that intent of the Ordinance. This sub -section shall not have the effect of waiving the lumen caps specified in this Ordinance. (4) Has been determined to meet requirements for Certified Wildlife Lighting and/or lights that meet FWC's Wildlife Lighting Guidelines, including long wavelength light sources (without the use of filters), full cut-off, and fully shielded fixtures. C. At least thirty days prior to the commencement of every sea turtle nesting season, the City of Sunny Isles Beach shall provide an annual public notice of the provisions contained in this Article. § 108-17. — Lighting Provisions. A. General. (1) The following standards for artificial light sources are intended to help minimize harmful effects of light pollution in sea turtle nesting areas. The use of Certified Wildlife Lighting will provide the highest level of protection for nesting sea turtles and their hatchlings. Certified Wildlife Lighting refers to lighting fixtures and bulbs reviewed and approved through the Florida Fish and Wildlife Conservation Commission's Wildlife Lighting Certification Process and published at https://myfwc.com/conservation/you-conserve/lighting/criteria/certified/. Certified Wildlife Lighting and/or lights that meet FWC's Wildlife Lighting Guidelines, must be installed and maintained according to the approved conditions of use to achieve the light pollution reduction objectives of this Ordinance. Page 9 of 16 484 (2) New construction refers to all new construction of or additions and alterations to buildings, pools, pavement, other structures, landscape areas or lighting systems, including the change or resumption of land use. The most protective lighting standards apply to new construction visible from the beach. Existing artificial lighting refers to lighting fixtures, sources and systems operating prior to the effective date of this ordinance. Existing lights and light sources that are visible from the beach shall be replaced or modified to conform to standards given in Subsection G. B. Exterior and Interior Lighting Affixed to New Structures, New Construction and Improvements to Existing Structures visible from the Beach. (1) All lighting affixed to the exterior of new permanent structures, construction or additions shall be long wavelength, downward directed, full cutoff, fully shielded and mounted as close to the ground or finished floor surface as possible to achieve the required foot-candles. u As an exception to B.(1) above, non -egress lighting may be affixed to the landward exterior of permanent structures provided that the fixtures are fitted with a long wavelength source and are not directly, indirectly, or cumulative) Lighting at egress points shall be limited to the minimum number of fixtures and foot-candles necessary to meet federal, state, and local safety requirements. (4) Locations including but not limited to stairwells, elevators, parking garages, or courtyards shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach. Light screens, shades or curtains shall be used to block visibility of interior lights from the beach. Light screens shall be used on open or enclosed staircases on the seaward or shore -perpendicular side of a building or for parking garages to limit visibility of lights from the nesting beach. (5) All glass windows, walls, railings and doors on the seaward and shore - perpendicular sides of any new construction shall use tinted glass with an inside to outside light transmittance value of 45 percent or less. (6) Emergency lights are not subject to the above standards if on a separate circuit and activated only during power outages or other situations in which emergency lighting is necessary for public safety. C. Outdoor Areas. (1) All lighting of outdoor areas shall be long wavelength, downward directed, full cutoff, fully shielded and mounted as close to the ground or finished floor surface as possible to achieve the required foot- candles. (2) Lighting of paths, walks and routes of building access shall use low level fixtures such as step, paver, path, recessed wall or bollard lights. Bollard lights are not to exceed 42 inches in height and other low level fixtures are to meet the height requirements of FWC's Wildlife Lighting Guidelines. Fixtures shall be downward directed and utilize long wavelength lamps and beachside shields. Page 10 of 16 485 (3) As an exception to C.(1) above, non -egress outdoor lighting may be installed landward of buildings or other opaque structures provided that they are fitted with long wavelength light sources and are not directly, indirectly, or cumulatively visible from any portion of the beach. (4) Internally or externally lighted signs shall not be located on the seaward and shore -perpendicular sides of any structures, and shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach. (5) Ponds and fountains on the seaward and shore -perpendicular sides of any structures shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach. Fire pits located on the seaward and shore -perpendicular sides of any structure shall be shielded with an opaque structure or partition, and positioned such that the flame is not directly, indirectly, or cumulatively visible from any portion of the beach. Bonfires and bonfire pits are prohibited within sea turtle nesting habitat during sea turtle nesting season. Televisions or other illuminated screens shall be located landward of the dune and shall be shielded or positioned such that they are not directly, indirectly, or cumulatively visible from the beach. D. Parking Areas and Roadways. (1) All lighting of parking areas and roadways shall be long wavelength, downward directed, full cutoff, fully shielded, and mounted to the minimum level required to maintain compliance with federal, state and local law. (2) Parking area and roadway lighting shall be shielded from the beach via vegetation, natural features, or artificial structures rising from the ground. These shall prevent artificial light sources, including but not limited to vehicular headlights, from producing light that is directly, indirectly, or cumulatively visible from any portion of the beach. (3) Lighting of roadways and parking areas shall produce no more lighting than the minimum requirement as outlined by federal, state and local law. j� Lighting of parking areas and roadways shall consist of either: (a) Ground -level downward -directed fixtures, equipped with interior dark - colored, non -reflective baffles or louvers, mounted either with a wall mount, on walls or piles, facing away from the beach; or Bollard -type fixtures, which do not extend more than 42 inches above the adiacent floor or deck, measured from the bottom of fixture, equipped with downward -directed louvers that completely hide the light source, and externally shielded on the side facing the beach; or (c) Pole -Mounted Lights, if required, shall adhere to the restrictions located in subsection D.(5) below. (5) Pole -mounted lights shall only be used in parking areas and roadways when mounting the lights at lower elevations cannot practicably comply with minimum light levels set forth in applicable federal and state laws designed to protect Public safety. If required, pole -mounted lights shall be: ,(a) Located on the landward sides of buildings and shall not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach; Page 11 of 16 486 (b) Mounted at the minimum height required to meet the minimum light level requirement; and LcI Downward -directed onto non -reflective surfaces. (6) Equipment yards, storage yards, and temporary security lights shall also adhere to the lighting restrictions contained in this Section. E. Pool Areas. fL Lighting of pool decks, pool facilities, swimming pools, and spas shall be long wavelength and fully shielded. ll Lighting of the pool water surfaces and the pool wet deck surfaces shall comply with the minimum light levels set forth in applicable federal and state laws designed to protect public safety. (3) Above -water lighting of pool decks, pool facilities, swimming pools, and spas shall otherwise adhere to the applicable requirements for acceptable light fixtures contained in Section 1 and Section 2 of this Section. (4) Underwater lighting of pools or spas shall: (a) Be mounted horizontally in the wall; Not produce light that is directly, indirectly, or cumulatively visible from any portion of the beach; and j1 Shall comply with minimum light levels set forth in applicable federal and state laws designed to protect public safety. (d) Be long wavelength. F. Beach Access Points and Dune Walkovers. (1) Lighting of beach access points shall be located and configured to only illuminate areas landward of the beach and frontal dune. All lighting of beach access points shall be long wavelength, downward directed, full cutoff and fully shielded and shall not be directly, indirectly, or cumulatively visible from the beach. (2) Lights are allowable on dune walkovers or elevated boardwalks only as required for building code purposes and may only be installed landward of the frontal dune. Walkover lighting shall not be directly, indirectly or cumulatively visible from the beach. G. Existing Exterior and Interior Lighting. (1) Reduce or eliminate the negative effects of existing exterior artificial lighting through the following measures: (a) Reposition, modify or remove existing lighting fixtures so that the point source of light or any reflective surface of the light fixture is no longer directly, indirectly or cumulatively visible from the beach; Replace fixtures having an exposed light source with fully shielded fixtures; Lc I Replace any light source, light bulb or lamp that is not long wavelength (e.g. incandescent, fluorescent, or high intensity lighting) with the lowest wattage long wavelength (e.g. LED or low pressure sodium) light source or lamp available for the specific application; Replace non -directional fixtures with directional fixtures that point down and away from the beach; Page 12 of 16 487 (e) Provide shields for fixtures visible from the beach and not practical to immediately be replaced. Beachside shields are to cover 270 degrees and extend below the bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the light fixture is not visible from the beach; u Replace pole lamps with low -profile, low-level luminaries so that the light source or any reflective surface of the light fixture is not visible from the beach; IL Plant or improve vegetation buffers between the light source and the beach to screen light from the beach; Construct a ground level barrier landward of the beach and frontal dune to shield light sources from the beach. Ground -level barriers are to be considered a last resort when no other remediation of the light source is feasible. Ground level barriers may be subject to state coastal construction control line regulations under section 161.053, Florida Statutes, and must not interfere with sea turtle nesting or hatchling emergence, or cause short- or long- term damage to the beach and dune system; u Permanently remove or permanently disable any fixture which cannot be brought into compliance with the provisions of these standards. (2) Commercial properties, the common elements of residential condominiums, and the common areas of hotels, apartment -hotels, and residential apartments shall take one or more of the following measures to minimize the interior light emanating from doors and windows within line -of -sight of the beach: (a) Apply window tint or film that meets the light transmittance standards for tinted glass; Rearrange lamps and other moveable fixtures away from windows; (c) Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens) to shield interior lights from the beach. (3) Individually owned condominium units, individually rented apartment units, and the guest rooms of hotels and apartment -hotels are encouraged to reduce, minimize, or eliminate the negative effects of existing interior lighting visible from the beach at nighttime through the following measures: (a) Turn off or dim all unnecessary lights; ll Apply window tint or film that meets the light transmittance standards for tinted glass; (c) Rearrange lamps and other moveable fixtures away from windows; u Use opaque shades or room darkening window treatments (e.g., blinds, curtains, screens) to shield interior lights from the beach. H. Pier Structures. (1) Lighting of pier structures projecting over the beach or over water shall be long wavelength, downward- directed, and fully shielded. ll Lighting of pier structures projecting over the beach, or over water, shall be mounted no higher than 42 inches above the deck surface. These shall be directed onto the deck surface only, preventing light pollution or light spillage beyond the walking surface. Page 13 of 16 488 Lighting of pier structures projecting over the beach or over water shall comply with minimum light levels set forth in applicable federal and state laws designed to protect public safety. L Special Events, Motor Vehicles, and Temporary Lighting. (I) Lighting associated with a special event that may directly, indirectly, or cumulatively be visible from any portion of the beach shall not be authorized at nighttime during sea turtle nesting season. u The operation of all motorized vehicles, except emergency and law enforcement vehicles or those permitted on the beach for sea turtle conservation in accordance with Florida Statute 379.2431 (1), or other research and conservation, shall be prohibited on the beach at nighttime during sea turtle nesting season. (3) Within sea turtle nesting season, temporary work zone lighting for roadway construction and during declared emergencies shall be directed away from the beach to avoid illumination of or direct visibility from the beach. Work zone luminaires shall be shielded to avoid lighting areas outside of the immediate construction area. ll All other temporary construction lighting shall be: (a) Inclusive of all the standards of this Section, including using fixtures that are long wavelength, downward directed, full cutoff, and fully shielded so light is not directly or indirectly visible from the beach; and Turned off during nighttime in sea turtle nesting season, or if authorized by a Beach Lighting Inspector during sea turtle nesting season, must be restricted to the minimal amount necessary, and shall incorporate all the standards of this Section; and (c) Mounted less than eight feet above the adjacent floor or deck, measured from the bottom of fixture; and Restricted to the minimal number of foot-candles necessary to conform to the applicable construction safety regulations. (5) Handheld and other portable temporary lighting shall not be directed toward or used in a manner that disturbs sea turtles or other coastal wildlife. § 108-18. Compliance and Enforcement Procedures. The provisions of this Article shall be enforced in accordance with Chapter 14 of this Code. Additionally: A. Within three years of the effective date of this ordinance, all measures outlined in this article shall be taken to reduce or eliminate the negative effects of artificial lighting. B. Inspector. (1) It shall be the duty of the City Manager or their designee to appoint a Code Enforcement Officer the duties as a Beach Lighting Inspector. A Beach Lighting Inspector shall have the necessary training, technical knowledge, and resources to enable them to effectively carry out the duties of this office. A Beach Lighting Page 14 of 16 489 Inspector may access resources provided by other local, state or federal agencies such as the Sample Beach Lighting Survey Worksheet, training, and other information available from the Florida Fish and Wildlife Conservation Commission. (2) A Beach Lighting Inspector shall be responsible for: Inspecting the entire beach within the iurisdictional boundaries of the City of Sunny Isles Beach regularly during sea turtle nesting season to determine the extent of compliance with this Ordinance. a) In the event of the finding of a violation at a particular public or private Property, conducting further inspections at the property at any time beginning on the night after the deadline date given on violation notices. These follow-up inspections shall continue until the lighting has been brought into compliance with this Ordinance. Beach Lighting Inspector responsibilities may also include preparation of reports, issuance of non-compliance notices, outreach and education, supporting administrative actions before a review board or special magistrate, or attending building permit pre -application and pre - construction conferences. (3) It shall be unlawful for any person to interfere with, or in any manner hinder a Beach Lighting Inspector, or any of their assistants, while in the discharge of their duties under the terms of this Ordinance. (4) It shall be unlawful for any person to knowingly conceal or disable any lighting on a property before it has been inspected by a Beach Lighting Inspector. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 6. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 7. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading the 0%y of February, 2026. PASSED AND ADOPTED on second reading the _ day of March, 2026. Page 15 of 16 490 ATTEST: Mauricio Betancur, CIVIC, City Clerk First Reading Motion: S4� Second: /L //4 Vote on First Reading: Mayor Svechin Vice Mayor Viscarra Commissioner Joseph Commissioner Lama Commissioner Stuyvesant Vote on Second Reading: Mayor Svechin Vice Mayor Viscarra Commissioner Joseph Commissioner Lama Commissioner Stuyvesant Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Second Reading Second: V J,,Xes) (No) (Yes) No) (Yes) Z' ) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) r Page 16 of 16 491 O� SO�NY`S`fSe op suN nNv' BUSINESS IMPACT ESTIMATE FORM Posted To Webpage on This Business Impact Estimate is given as it relates to the proposed ordinance titled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ARTICLE III, TITLED SEA TURTLE PROTECTION STANDARDS, OF CHAPTER 108, TITLED BEACHES, OF THE CODE OF ORDINANCE OF THE CITY OF SUNNY ISLES BEACH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Part I. Summary of the proposed ordinance and statement of public purpose: This ordinance is being presented as an update to the City's current codes for sea turtle protection. In the State of Florida, thousands of baby sea turtles die every year due to artificial lighting from properties along the coast. Artificial lighting disorients hatchlings and attracts them to go into areas dangerous to them, rather than going into the ocean. The Florida Fish and Wildlife Commission (FWC) is required by statute to establish guidelines that help local governments reduce the impact that artificial lighting has to sea turtle hatchlings. They have created a model ordinance with the latest safety guidelines for municipalities to implement. To date, numerous municipalities have adopted standards based on this model ordinance to keep up with the latest sea turtle lighting standards. The City's existing sea turtle lighting codes were originally adopted in 2009, with minimal updates since. As part of their annual inspections, Miami -Dade County Parks, Recreation and Open Spaces Department Sea Turtle Conservation Program has identified many properties within our City that are in violation of sea turtle lighting standards. By updating the City's current codes with FWC's model ordinance, we will reduce the impact from new and existing development properties within our jurisdictional beaches. Part 11. Estimate of the direct economic impact of the proposed ordinance on private, for -profit businesses in the City of Sunny Isles Beach: (fill out subsections a-c as applicable, if not applicable write "not applicable") a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: 492 O/�/SJ/N'N Y`rCfSO V(l IS F�F l0 P,O oa SUN Noy If a business has visible lights from the beach and is not already in compliance with the ordinance, estimated costs for upgrading to compliant fixtures may range from $200 to $500 per light for turtle -friendly lighting (light bulbs, light shields, etc.) and $300 to $600 per window for compliant coverings (window tints, curtains, etc.). - b. Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible; and None. c. An estimate of the City of Sunny Isles Beach's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. None Part 111111. Good faith estimate of the number of businesses likely to be impacted by the ordinance: Businesses with lights visible from the beach may need to adjust their lighting and windows to meet the sea turtle protection regulations if they don't already meet the requirements. While there are 48 properties directly abutting the beachfront, the ordinance applies to any light visible from the beach. It is difficult to determine the exact number of businesses with lights visible from the beach that will be affected, as compliance may fluctuate. Part IV. Additional Information (if any): 493 0 Y`rCES6 ye ➢� FL�a`O c�tF oa SUN n"�n None. 494