The purpose of this rule is to protect hatchling marine turtles from the adverse effects of artificial lighting, provide overall improvement in nesting habitat degraded by light pollution, and increase successful nesting activity and production of hatchlings.

(Ord. No. 2007-21, § 1, 8-14-07)

[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:]

Artificial light or artificial lighting means the light emanating from any human-made device.

Bollards means lighting consisting of short posts that incorporate a lighting element.

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 bugs to the light.

Coastal construction activities means any work or activity that is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes.

Cumulatively illuminated means illuminated by numerous artificial light sources that as a group illuminate any portion of the beach.

Directional fixture means an assembly that holds the lamp along with any globe, shade, or other covering surrounding the lamp that may be adjusted to concentrate or throw light in a specific direction.

Directly illuminated means illuminated as a result of glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source which is visible to an observer on the beach.

Existing beachfront lighting means an artificial light source associated with a building, structure, roadway, parking lot, dune crossover, pier, beach walkway or beach access for which a permit was issued prior to the adoption of this ordinance.

Floodlight means a reflector-type light fixture that may be attached directly to a building, other structure, or freestanding, and is unshielded.

Frontal dune means 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 to the beach environment.

Ground-level barrier means any vegetation, natural feature or artificial structure rising from the ground which prevents beachfront lighting from shining directly onto the beach-dune system, including, but not limited to, hedges, native dune vegetation, privacy fences, walls, etc.

Hatchling means any species of marine turtle, within or outside of a nest that has recently hatched from an egg.

Illuminated means exposed to light from an artificial light source in a way that produces brightness detectable to an observer standing anywhere on the beach. A beach is illuminated if an observer standing anywhere on the beach can see light that has emanated from an artificial light source.

Indirectly illuminated means illuminated as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source which is not visible to an observer standing anywhere on the 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 48 inches above the ground, and is designed in such a way that light is directed downward from a hooded light source.

Low-wattage bug light means a bug light with no greater than 25-watt incandescence and no greater than nine-watt fluorescence.

Marine turtle means any marine-dwelling reptile of the families Cheloniidae or Dermochelyidae found in Florida waters or 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 rule, marine turtle is synonymous with sea turtle.

Motorized vehicle means, but is not limited to, any self-propelled, wheeled, tracked, or belted conveyance.

Nest means an area where marine turtle eggs have been naturally deposited or subsequently relocated.

Nesting season means the period from May 1 through October 31 of each year.

New coastal construction means new construction and remodeling of existing structures when such remodeling includes alteration of exterior lighting.

Nighttime means the locally effective time period between sunset and sunrise.

Person means individuals, firms, associations, joint ventures, partnerships, estates, trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

Point source of light means the actual light source such as the bulb, fluorescent tube, lamp, etc., from which light emanates.

Pole lighting means a light fixture set on a base or pole which raises the source of the light higher than 48 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 to the beach environment.

Publicly owned lighting 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 or amber light-emitting diodes (LED) means miniature lamps that emit pure red or amber 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 nonreflective covering, canopy or other such device fitted over and extended below a light source preventing light from illuminating the beach. Spotlight means a light fixture having a narrow beam.

Temporary structure means any human-made structure or object with a location or arrangement that is temporary or transient in nature.

Tinted glass means any glass treated to achieve an industry-approved, inside-to-outside light transmittance value of 45 percent or less. Such transmittance is limited to the visible spectrum (400 to 700 nanometers) and is measured as the percentage of light that is transmitted through the glass.

Transient lighting means artificial light sources that are not affixed to a building or other structure. Transient lighting includes, but is not limited to, flashlights, fishing lanterns, flash photography, recreational fireworks, and vehicle headlights.

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.

Uplight means a lighting source which is strategically located to light up features such as building facades, signs, and trees.

(Ord. No. 2007-21, § 1, 8-14-07)

The following activities are prohibited on the beach at nighttime during the nesting season for the protection of nesting females, nests, and hatchling marine turtles:

(a)

The operation of all motorized vehicles, except emergency and law enforcement vehicles or operated by those persons who have authorization or a permit to engage in marine turtle conservation or research issued by the United States Fish and Wildlife Service, or the Florida Fish and Wildlife Conservation Commission, and Florida Department of Environmental Protection approved for mechanical beach cleaning or beach renourishment activities.

(b)

The building of campfires or bonfires.

(c)

Any transient lighting which purposely and flagrantly illuminates nesting sea turtles or hatchlings. This prohibition does not apply to those persons who have authorization or a permit to engage in marine turtle conservation or research.

(d)

If any turtle nests or nesting activities have been reported within a portion of a beach, any temporary structures, including but not limited to beach chairs, umbrellas and cabanas which have the potential for entrapment of marine turtles and which may interfere with the use of the natural beach environment for nesting habitat shall be:

(1)

Removed from the beach nightly; or

(2)

Stored in areas designated by the City of St. Pete Beach staff which are situated to avoid interference with marine turtles; or

(3)

Placed in a manner so as to not obstruct the transit of turtle hatchlings to the water.

(Ord. No. 2007-21, § 1, 8-14-07)

In order to provide the highest level of protection for nesting marine turtles and their hatchlings, the following standards for artificial light sources on all new coastal construction shall be applied:

(a)

Exterior artificial light fixtures shall be designed and positioned so that:

(1)

The point source of light or any reflective surface of the light fixture is not directly visible from the beach;

(2)

Areas seaward of the frontal dune, or the beach in areas where the frontal dune no longer exists, are not directly, indirectly, or cumulatively illuminated.

(b)

Exterior artificial light fixtures directly or indirectly illuminating the beach are considered appropriately designed if:

(1)

Exterior lights are completely shielded downlight only fixtures or recessed fixtures having low wattage Bug Type Bulbs, low-pressure sodium vapor (LPS) bulbs, Red or Amber Light-Emitting Diodes (LED), or True Neon light sources. Other fixtures that have appropriate light-blocking shields, louvers, or cut-off features may also be used if they are in compliance with subsection (a)(1), (2), and (3) above; and

(2)

All fixtures are mounted as low in elevation as possible through use of low-mounted wall fixtures, low bollards, and ground-level fixtures

(c)

Floodlights, uplights or spotlights that are directly visible from the beach, or which indirectly or cumulatively illuminate the beach, shall not be used.

(d)

Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detector switches that keep lights off except when approached and that switch hooded or shielded lights on for the minimum duration possible are preferred.

(e)

Only low intensity recessed or louvered lighting, or other appropriate low intensity lighting, shall be used on dune crossovers where permissible. All light fixtures on dune crosswalks must utilize low wattage Bug Type Bulbs, low-pressure sodium vapor (LPS) bulbs, Red or Amber Light-Emitting Diodes (LED) or True Neon light sources. Dune crosswalk lighting seaward of the primary dune, or on the beach in areas where the primary dune no longer exists, shall not be used.

(f)

Only low intensity lighting shall be used in parking areas within line-of-sight of the beach. Such lighting shall be:

(1)

Set on a low-profile luminaire; and

(2)

Positioned or shielded so that the light is cast downward and the source of light or any reflective surface of the light fixture is not visible from the beach and does not directly or indirectly illuminate the beach.

(g)

All newly constructed parking areas and roadways, including any paved or unpaved areas upon which motorized vehicles will park or operate, shall be designed and located to prevent lights (including vehicular headlights) from directly or indirectly illuminating the beach.

(h)

Vehicular lighting, parking area lighting, and roadway lighting shall be modified or shielded from the beach through the use of ground-level barriers or external shields. Ground-level barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short- or long-term damage to the beach/dune system.

(i)

Tinted glass shall be installed on all windows and glass doors of single or multi-story structures within line-of-sight of the beach.

(j)

Use of appropriately shielded low-pressure sodium vapor lamps and fixtures shall be preferred for high-intensity lighting applications such as lighting parking areas and roadways, providing security, and similar applications.

(k)

All of the above standards shall be met prior to the issuance of a certificate of occupancy.

(l)

Temporary lighting of construction sites during the marine turtle nesting season shall be restricted to the minimal amount necessary and shall incorporate all of the standards of this section. Said lighting shall not be mounted more than eight feet above the ground.

(Ord. No. 2007-21, § 1, 8-14-07)

By July 1, 2008; all light sources or reflective surfaces illuminated by such sources that are visible from the beach shall be brought into compliance with the following standards:

(a)

Existing artificial light fixtures shall be repositioned, modified, or removed so that:

(1)

The point source of light or any reflective surface of the light fixture is not directly visible from the beach;

(2)

Areas seaward of the frontal dune, or the beach in areas where the frontal dune no longer exists, are not directly, indirectly, or cumulatively illuminated.

(b)

The following measures shall be taken to reduce or eliminate the negative effects of existing exterior artificial lighting:

(1)

Reposition fixtures so that the point source of light or any reflective surface of the light fixture is no longer visible from the beach;

(2)

Replace fixtures having an exposed light source with fixtures containing recessed light sources or external shields;

(3)

Replace traditional light bulbs (e.g. incandescent, fluorescent, and high intensity lighting) with yellow Bug Type Bulbs, low-pressure sodium vapor (LPS) bulbs, Red or Amber Light-Emitting Diodes (LED) or True Neon light sources;

(4)

Replace non-directional fixtures with directional fixtures that point down and away from the beach;

(5)

Replace fixtures having transparent or translucent coverings with fixtures having opaque shields covering an arc of at least 180 degrees and extending an appropriate distance 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;

(6)

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;

(7)

Replace incandescent, fluorescent, and high intensity lighting with the lowest wattage low-pressure sodium vapor lighting, yellow Bug Type Bulbs, Red or Amber Light-Emitting Diodes (LED) or True Neon light sources possible for the specific application;

(8)

Plant or improve vegetation buffers between the light source and the beach to screen light from the beach;

(9)

Construct a ground level barrier to shield light sources from the beach. Ground-level barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short- or long-term damage to the beach/dune system;

(10)

Permanently remove, disable or lock in off position any fixture which cannot be brought into compliance with the provisions of these standards.

(c)

One or more of the following measures shall be taken to reduce or eliminate the negative effects of interior light emanating from doors and windows within line-of-sight of the beach:

(1)

Apply window tint or film that meets the standards for tinted glass;

(2)

Rearrange lamps and other moveable fixtures away from windows;

(3)

Use window treatments (e.g., blinds, curtains) to shield interior lights from the beach; or

(4)

Turn off unnecessary lights.

(Ord. No. 2007-21, § 1, 8-14-07)

All publicly owned lighting with light sources that are visible from the beach or that illuminate reflective surfaces that are visible from the beach, including but not limited to streetlights, parking lot lights, and beach access lighting, shall be:

(a)

Fitted with a shield or positioned so that the light source or any reflective surfaces illuminated by such sources are not visible from the beach and do not directly or indirectly illuminate the beach; or

(b)

Extinguished between sunset and sunrise from May 1 to October 31 of each year.

(Ord. No. 2007-21, § 1, 8-14-07)

(a)

During the nesting/hatching season, it shall be unlawful to construct any structure, excavate or place any fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting zone of a beach where marine turtles nest or may nest, without:

(1)

Obtaining written approval from the Florida Department of Environmental Protection (FDEP) (F.A.C. 62B-33, F.S. ch. 161, and F.S. § 370.12); and

(2)

Coordinating each activity by means of a written agreement with FWC-permitted sea turtle nest monitoring personnel holding a current and valid permit from the FWC for the specific area.

(b)

Construction activities shall not interfere with marine turtle nesting, nests or hatching activities, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function.

(Ord. No. 2007-21, § 1, 8-14-07)

Periodic nighttime lighting inspections shall be performed from the beach to determine the extent of compliance with section 44.5. Inspections shall include both public and private properties within jurisdictional boundaries. Inspections shall be conducted by the city or other qualified person appointed or contracted by the city. At least one compliance inspection of the beach shall be conducted at night prior to the commencement of the marine turtle nesting season and additional compliance inspections shall be conducted during the marine turtle nesting season until existing beachfront lighting has been brought into compliance.

(Ord. No. 2007-21, § 1, 8-14-07)

The following information should be compiled on an annual basis and submitted to the Florida Fish and Wildlife Conservation Commission Marine Turtle Protection Program:

(a)

Number of lighting applications reviewed;

(b)

Number of potential violations reported;

(c)

Number of potential violations investigated;

(d)

Disposition of all potential violations including results of enforcement actions and amounts of penalties assessed;

(e)

Results of compliance checks conducted prior to and during the marine turtle nesting season; and

(f)

Status of local lighting ordinances and any amendments to those ordinances.

(Ord. No. 2007-21, § 1, 8-14-07)