HomeMy WebLinkAboutDocumentation_Regular_Tab 12_3/9/2023Agenda Item #12.
Regular Council
STAFF MEMO
Meeting: Regular Council - Mar 09 2023
Staff Contact: Nilsa Zacarias, Director of
Community Development
AL
Department: Community Development
ORDINANCE 04-23, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 10. ANIMALS., AT ARTICLE III. SEA TURTLE PROTECTION. BY REPEALING THIS
ARTICLE IN ITS ENTIRETY AND RE -ADOPTING IT IN ORDER TO INDICATE THE VILLAGE'S
ADOPTION OF AND ADHERENCE TO PALM BEACH COUNTY'S SEA TURTLE PROTECTION
REGULATIONS AND IMPART UPON PALM BEACH COUNTY THE JURISDICTION AND
ENFORCEMENT AUTHORITY FOR SUCH REGULATIONS; AND ALSO RETAIN VILLAGE
REGULATIONS REGARDING STANDARDS FOR MECHANICAL BEACH CLEANING; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10. ANIMALS.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
SUMMARY: '04
ORDINANCE NO. 04-23
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA,
AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 10. ANIMALS., AT
ARTICLE III. SEA TURTLE PROTECTION. BY REPEALING THIS ARTICLE IN ITS ENTIRETY
AND RE -ADOPTING IT IN ORDER TO INDICATE THE VILLAGE'S ADOPTION OF AND
ADHERENCE TO PALM BEACH COUNTY'S SEA TURTLE PROTECTION REGULATIONS
AND IMPART UPON PALM BEACH COUNTY THE JURISDICTION AND ENFORCEMENT
AUTHORITY FOR SUCH REGULATIONS; AND ALSO RETAIN VILLAGE REGULATIONS
REGARDING STANDARDS FOR MECHANICAL BEACH CLEANING; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10. ANIMALS.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
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PROJECT NAME: BUDGET: N/A ENCUMBERED: N/A
Proposed: Projected Remaining:
N/A N/A
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Agenda Item #12.
Ord. 04-23 Sea Turtle Protection 1-24-23 DRAFT KWD revised
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Agenda Item #12.
ORDINANCE NO. 04-23
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 10. ANIMALS., AT ARTICLE III. SEA
TURTLE PROTECTION. BY REPEALING THIS ARTICLE IN ITS
ENTIRETY AND RE -ADOPTING IT IN ORDER TO INDICATE THE
VILLAGE'S ADOPTION OF AND ADHERENCE TO PALM BEACH
COUNTY'S SEA TURTLE PROTECTION REGULATIONS AND IMPART
UPON PALM BEACH COUNTY THE JURISDICTION AND
ENFORCEMENT AUTHORITY FOR SUCH REGULATIONS; AND ALSO
RETAIN VILLAGE REGULATIONS REGARDING STANDARDS FOR
MECHANICAL BEACH CLEANING; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10.
ANIMALS. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, the Village Code currently regulates sea turtle protection within the
Village; and
WHEREAS, the Village Council desires to update its sea turtle protection
ordinance to provide that the Village will now adhere to the Palm Beach County sea
turtle protection regulations as specified in Article 14, Chapter A of the County's Unified
Land Development Code and impart upon Palm Beach County the jurisdiction and
enforcement authority to enforce such regulations with the Village, but retaining Village
regulations regarding mechanical beach cleaning; and
WHEREAS, the Village Council believes the code revisions contained in this
ordinance will be in the best interests of the citizens of the Village of Tequesta, and will
promote the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1: Chapter 10. Animals. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article III. Sea Turtle Protection. By repealing this
article in its entirety and re -adopting it to indicate the Village's adoption of and
adherence to Palm Beach County's sea turtle protection regulations and impart upon
Palm Beach County the jurisdiction and enforcement authority for such regulations and
also retain Village regulations regarding standards for mechanical beach cleaning;
1
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Agenda Item #12.
providing that Chapter 10, Article III. Sea Turtle Protection. shall hereafter read as
follows:
ARTICLE III. - SEA TURTLE PROTECTION AND SAND PRESERVATION
Sec. 10-61. - Purpose.
The purpose of this article, recognizing the unique characteristics of the sea turtle,
nesting cycles, is to prevent and reduce the hazards impacting sea turtles from
mechanical beach cleaning and other coastal activities.
Sec. 10-62. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section. except where the context clearly indicates a
different meaning:
Beach means the zone of unconsolidated material that extends landward from the
mean low-water line to the place where there is a marked change in material or
physiographic form, or to the line of permanent vegetation (usually the effective limit of
storm waves), as defined in F.A.C. ch. 1613-33.
Dune means a mound or ridge of loose sediments. lying landward of the beach and
deposited by natural or artificial mechanism.
Nesting season means the period from March 1 through October 31 of each year.
Sea turtle means any specimen belonging to the species Caretta caretta
(loggerhead turtle). Chelonia m, d)i as (green turtle). Dermochelvs corciacea (leatherback
turtle or any other marine turtle using county beaches as a nesting habitat.
Sec. 10-63. - Adoption of Palm Beach County Sea Turtle Protection Regulations.
The Village hereby adopts and adheres to the Palm Beach County's sea turtle
protection regulations as specified in Article 14, Chapter A of Palm Beach County°s
Unified Land Development Code, excluding, however, those provisions regarding sand
preservation. No building permit or certificate of occupancy shall be issued by the
Village until all requirements of the County's sea turtle protection regulations have been
met. The Village imparts jurisdiction and authority to the County for any sea turtle
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Agenda Item #12.
regulations enforceable in the Village through the County's Unified Land Development
Code, Article 14, Chapter A.
Sec. 10-64. - Prohibited activities durina nestina season.
The following prohibitions during the nesting season (March 1 through October 31) are
established for the protection of sea turtles:
(1) Motorized vehicles seaward of dune. The operation of motorized vehicles_
including but not limited to any self-propelled, wheeled, tracked or belted
conveyance, shall be prohibited on or seaward of the dune during the nesting
season, except in cases of law enforcement, emergency or as otherwise
approved by the state department of environmental protection, as further set out
in section 10-75.
2) Horseback riding. Horseback riding shall be prohibited on or seaward of the dune
during the nesting season.
(3) Campfires. Campfires shall be prohibited on or seaward of the dune.
Sec. 10-65. - Standards for mechanical beach cleaning.
All mechanical beach cleaning activities approved by the state designed to remove
debris from the beach, alter beach profiles, or disturb more than the upper two inches of
beach sediment through the use of motorized vehicles or other mechanical means shall
comply with the following standards:
1) Compliance with beach -dune preservation policies. Equipment, methodologies
and points of access shall be consistent with beach -dune preservation policies
established by the village, county and state.
2) Timing. Beach cleaning shall be confined to daylight hours.
(3) Mode of operations. During the nesting season (March 1 through October 31):
a. Beach cleaning operations shall be limited to the wrack line (previous high
tide mark) or below.
b. Lightweight motorized vehicles having wide, low -profile, low-pressure tires
shall be used to conduct beach cleaning operations instead of heavy
equipment.
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Agenda Item #12.
c. Devices used for removing debris from the beach shall be designed and/or
operated such that they do not penetrate beach sediments by more than two
inches.
4) Coordination of beach cleaning operations with state -sanctioned scientific
studies. All beach cleaning operations shall be coordinated through the state to
ensure that these operations do not interfere with state -sanctioned scientific
studies of sea turtle nestina activities.
Section 2: Each and every other Section and Subsection of Chapter 10.
Animals. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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