(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARTIFICIAL LIGHT. Any source of light emanating from a human-made device external to or outside of a house or structure that may be visible from the beach area designated as a protected area for sea turtle nesting.
BEACH. Area between the dune line or line of stable vegetation, whichever is more landward, and the mean low water line.
EXISTING DEVELOPMENT. Any structure for which a building permit has been issued by the town prior to the effective date of this section.
FLOODLIGHTS. Reflector type light fixture which is attached directly to a building and which is unshielded.
LOW PROFILE LUMINARIES. Light fixture set on a base which raises the source of the light no higher than 48 inches off the ground, and designed in such a way that light is directed downward from a hooded light source.
NESTING SEASON. Nesting season will be observed from May 15 until October 31.
NEW DEVELOPMENT. Any new construction and remodeling of existing structures when such remodeling includes alteration of exterior lighting.
(B) Restrictions.
(1) New development. No artificial light shall be allowed to illuminate the beach during nesting season between Station 12 the Breach Inlet Bridge, unless such artificial light satisfies the following provisions:
(a) Floodlights shall be prohibited. Wall mounted light fixtures shall be yellow bug lights or low pressure sodium bulbs fitted with hoods so that no light illuminates the beach.
(b) Pole lighting shall be shielded in such a way that light will be contained within an arc of three to 73 degrees on seaward side of the pole. Outdoor lighting shall be held to the minimum necessary for security and convenience.
(c) Low profile luminaries shall be used in parking lots and such lighting shall be positioned so that no light illuminates the beach.
(d) Dune crosswalks shall utilize low profile shielded luminaries.
(e) Light on balconies shall be fitted with hoods so that lights will not illuminate the beach.
(f) Tinted or filmed glass shall be used in windows facing the ocean above the first floor of multi-story structures. Shade screens can be substituted for this requirement.
(2) Existing development between Station 12 and Station 28-1/2. No artificial light shall be allowed to illuminate the beach during nesting season, unless such artificial light satisfies the following provisions.
(a) Lights illuminating building 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 10:00 p.m. during the period of May 15 to October 31 of each year.
(b) Lights illuminating dune crosswalks of any areas oceanward of the dune line shall be turned off after 10:00 p.m. during the period of May 15 to October 31 of each year.
(c) Window treatments in windows facing the ocean above the first floor of multi-story structures are encouraged so that interior lights do not illuminate the beach. The use of black-out draperies or shade screens are preferred. The addition of tint or film to windows or awnings is also encouraged, as is turning off unnecessary lights if the light illuminates the beach.
(d) Existing development must be brought into compliance with this requirement within one year following the effective date of this section.
(3) Existing development between Station 28-1/2 and Breach Inlet. Exterior lights must be equipped with motion detector sensors or changed to yellow bug lights or low pressure sodium lights, as approved by SCCC and SCWMRD. Existing development must be brought into compliance with this requirement within one year following the effective date of this section. In the event that the beach in this area is nourished or recovers naturally to the extent that successful turtle nesting occurs, this provision shall be amended.
(4) Publicly owned lighting. Street lights and lighting at parks and other publicly owned beach access areas shall be subject to the following.
(a) Whenever possible, street lights shall be located so that the bulk of their illumination will travel away from the beach. These lights shall be equipped with shades or shields that will prevent backlighting and render them not visible from the beach.
(b) Lights at parks or other public beach access points shall be shielded or shaded or shall not be utilized during the period of May 15 to October 31 of each year.
(5) Lighthouse. Nothing herein shall prohibit the U.S. Coast Guard from operating the lighthouse.
(C) Enforcement. Lighting restrictions shall be enforced during the nesting season for sea turtles as defined:
(1) First offense: a warning shall be issued for a first offense of this section; and
(2) Second offense: a second offense and any offense thereafter shall be subject to the penalties prescribed by Chapter 157, Appendix A, § 21-57.
(Prior Code, § 14-23) (Ord. passed 12-20-1990; Ord. passed 1-21-1992; Ord. passed 7-21-1992)