It shall be unlawful for any person to plant vegetation or to remove, cover, prune or destroy the natural vegetation growing upon any dune located within the town without first having obtained a permit from the town administrator. Permits may be granted by the town administrator only upon approval of the town council subsequent to a site plan review and recommendation by the landscape committee of the planning board. However, if the application is for dune vegetation trimming or pruning only, the town administrator shall review the plan, and may issue a permit without town council consideration. Under such circumstances, the applicant may appeal the decision of the town administrator to the town council at the next following regular town council meeting.

(Code 1996, § 26-796; Ord. No. 171, § 1(97-01(a)), 7-26-1994)

Applications for permits under this division shall describe the property upon which the applicant proposes to plant vegetation or to remove, cover, prune or destroy the natural vegetation growing upon any dune within the town and shall show the existing and proposed elevations of such property. Detailed plans shall be submitted with such application and shall specify in detail all existing vegetation and the vegetation proposed for planting, removal, covering, pruning or destruction.

(Code 1996, § 26-797; Ord. No. 171, § 1(97-01(b)), 7-26-1994)

No permit under this division shall be issued prior to site plan review and approval by the town. No site plan shall be approved by the town unless the following conditions are met:

(1)

The granting of a permit under this division will not result in the erosion or inundation of the dunes, beaches or banks, or lands adjacent thereto.

(2)

The applicant must provide an affidavit from a licensed engineer, architect, landscape architect, or other expert satisfactory both to the applicant and the town, which affidavit shall set forth that the granting of a permit will not result in the erosion or inundation of the dunes, beaches or banks, or lands adjacent thereto.

(3)

The town may impose any conditions upon the permit which are aimed at providing for the protection of the dunes, banks or beaches, and lands adjacent thereto.

(4)

The town council may, in its discretion, waive any of the requirements set forth in this section if subsection (1) of this section can be satisfied in the absence of such condition.

(Code 1996, § 26-798; Ord. No. 171, § 1(97-01(c)), 7-26-1994)

Each application to remove, cover, or destroy the natural vegetation growing upon any dune located within the town shall be accompanied by a fee of $100.00 per application; each application to trim or prune the natural vegetation growing upon any dune located within the town shall be accompanied by a fee of $50.00 per application.

(Code 1996, § 26-799; Ord. No. 171, § 1(97-01(d)), 7-26-1994)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Beach means that land along the Atlantic Ocean extending either to the dune or permanent vegetation within the town.

(Code 1996, § 26-821; Ord. No. 221, § 1, 12-30-2004)

The purpose of this division is to protect the threatened and endangered sea turtles that nest along the beaches of the town by safeguarding the sea turtles and hatchlings from the impact of artificial light.

(Code 1996, § 26-822; Ord. No. 221, § 1, 12-30-2004)

All oceanfront property owners are required to ensure that no artificial light shall illuminate any area of the beach or water that may be used by nesting sea turtles and hatchlings. In order to accomplish this, the town requires that all lighting shall be positioned or shielded so that light is not visible from the beach or water during the period from March 1 through October 31 of each year.

(Code 1996, § 26-823; Ord. No. 221, § 1, 12-30-2004)

Street lights owned by the town and Florida Power and Light, and lighting on private or public rights-of-way, shall be subject to the following:

(1)

Such streetlights shall be located so that the bulk of their illumination will travel away from the beach and water. Such lights shall be equipped with shades or shields that will prevent backlighting and will render such lights not visible from the beach or water.

(2)

Lights on private or public rights-of-way shall be properly positioned or shielded; or, to the extent the lights are determined by the town not to be necessary for public safety purposes, shall not be utilized during the period of March 1 to October 31 of each year.

(Code 1996, § 26-824; Ord. No. 221, § 1, 12-30-2004)

(a)

Failure to comply with any provision of this division shall constitute a violation. The individual cited for violation shall be the property owner or the occupant responsible for placement and/or maintenance of lights on the property. Each property owner or occupant in violation of this division shall be notified of the violation by the town's code enforcement officer or his authorized representative, and each offense shall be punishable by a civil fine in accordance with the following schedule:

(1)

First offense: Written warning.

(2)

Second offense: $250.00.

(3)

Repeat offense: up to $500.00.

Each day in which a violation of the provisions of this division shall occur shall constitute a separate offense.

(b)

In addition to the sanctions set forth in this section, the town may take other appropriate actions, including, but not limited to, administrative actions, requests for temporary and permanent injunctions, and/or other actions in accordance with state law to enforce the provisions of this division.

(c)

An individual shall not be considered in violation of the provisions of this division if their sources of light visible from the beach or water are bulbs or fixtures approved as turtle safe by the state department of environmental protection or other applicable state and federal regulatory agencies.

(Code 1996, § 26-825; Ord. No. 221, § 1, 12-30-2004)

The building official shall review proposed plans for oceanfront development and require the applicant to ensure that artificial light sources are positioned or shielded so as not to illuminate any area of the beach or water that may be used by nesting sea turtles and hatchlings.

(Code 1996, § 26-826; Ord. No. 221, § 1, 12-30-2004)

The town requires that mechanical beach cleaning activities be conducted so as not to damage, alter or destroy sea turtle nests or hatchlings. If the town receives complaints and has probable cause to suspect that mechanical beach cleaning activities have damaged, altered or destroyed sea turtle nests or hatchlings, the town shall promptly notify the state department of environmental protection or other applicable state or federal regulatory agencies to request enforcement actions.

(Code 1996, § 26-827; Ord. No. 221, § 1, 12-30-2004)

The town police department or any code enforcement officer shall enforce applicable federal and state laws and this division if damage to sea turtles, sea turtle nests or hatchlings is observed; and in addition, the town shall promptly notify the state department of environmental protection or other federal or state regulatory agencies for their additional enforcement actions and their direct supervision and assistance to relocate nests and/or hatchlings.

(Code 1996, § 26-828; Ord. No. 221, § 1, 12-30-2004)