ORDINANCE 07-08

 

         AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, RELATING TO CHAPTER 5, DIVISION 3. TURTLE PROTECTION – AMENDING SEC. 5-80 AND 5-85, TOWN CODE; PROVIDING A SEVERABILITY AND INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

 

                      WHEREAS,  the south Brevard beaches serve as a prime nesting habitat for hundreds of sea turtles; and

 

                WHEREAS, coastal development threatens the survival of turtle hatchlings because the artificial light causes disorientation in young hatchlings; and

 

WHEREAS,  Ordinance 86-9 was adopted to protect the natural reproductive cycle of the sea turtle during the nesting and hatchling season which runs from May 1 through October 31 of each year; and

 

WHEREAS, certain sections of the Town’s ordinance are not consistent with State and County regulations;

 

NOW, THEREFORE, be it ordained by the Town Council of the Town of Indialantic, Brevard County, Florida, as follows:

      

              SECTION 1.  That Section 5-80 of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:

 

Sec. 5‑80. Definitions.

 

For the purpose of this division, the following terms shall have the meaning set forth in this section:

*     *     *     *     *     *

 (i) Solar screen: Screens which are fixed installations and per­manently project shade over the entire glass area of the window. The screens must be installed outside of the glass and must:

 

(1)     Have a shading coefficient of forty‑five one‑hundredths (.45) an industry-approved inside-to-outside light transmittance value of forty-five percent (45%) or less, and

 

(2)     Carry a minimum five‑year warranty, and

 

(3)     Must have performance claims supported by approved testing procedures and documentation.

 

(j) Tinted or filmed glass: Window glass which has been cov­ered with window tint or film such that the material has:

 

(1)     A shading coefficient of forty‑five one hundredths (.45) An industry-approved inside-to-outside light transmittance value of forty-five percent (45%)or less, and

 

       SECTION 2.  That Section 5-84 of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:

 

Sec. 5‑84. Existing development.

 

It is the policy of the Indialantic Town Council that no artifi­cial light illuminate any area of the beaches of Indialantic, Florida. To meet this intent, lighting of existing structures which can be seen from the beach shall be in compliance with the following within two (2) years of the effective date of this division.

 

(1)     Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they are not visible from the beach, or turned off after 11:00 9:00 p.m. during the period of May 1 to October 31 of each year.

 

(2)     Lights illuminating dune crosswalks of any areas oceanward of the dune line shall be turned off after 11:00 9:00 p.m. during the period of May 1 to October 31 of each year.

 

              SECTION 3.       Severability/Interpretation Clause.

 

(a)  In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

 

(b)  In interpreting the provision of this Ordinance, the following rules and symbols shall apply:

(1)               Words underlined are additions to existing text.

(2)               Words stricken through are deletions from existing text.

(3)               Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances.  It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

 

            SECTION 4.            Ordinances and Resolutions in Conflict.  All ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed.

 

SECTION 5.  Effective Date.  This Ordinance shall become effective upon adoption of this Ordinance by the Town Council.

 

 

 

 

PASSED by the Town Council of the Town of Indialantic on first reading on the _____ day of ______________, 2007, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ______ day of _______________, 2007.

 

                                                            TOWN OF INDIALANTIC

 

 

                                                                                    ________________________

                                                                                    Robert L. Cochran, Jr.

                                                            Mayor

 

ATTEST:    ________________________                                                (TOWN SEAL)

                  Laura Eaton, CMC

      Town Clerk