§ 3-5-296. Definitions.

Unless specifically defined herein, all words or phrases used in this article shall be ascribed the meaning which they have in common usage and which gives this article its most reasonable application.

Artificial light shall mean any source of light emanating from a manmade device, including but not limited to, fluorescent, incandescent, mercury, vapor, metal halide or sodium lamps, spotlights, street lights, vehicular lights, construction or security lights.

Beach shall mean the zone of unconsolidated material that is contiguous with the waters of the Gulf of Mexico and extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation (usually the effective limit of storm waves).

Beach access point shall mean any path through or over the dune used by the general public or private property owners for the purpose of gaining access to the beach.

Board shall mean the Board of County Commissioners of Charlotte County.

Bug light shall mean any yellow colored light bulb that is marked as being specifically treated to reduce the attraction of insects to the light.

Coastal construction control line shall mean that line established by the Florida Department of Natural Resources pursuant to F.S. section 161.053.

Construction shall mean any activity intended to modify or improve site conditions including, but not limited to, building, clearing, filling, excavating, grading, mechanical cleaning or planting of vegetation, or the making of any material change in the size or use of any structure or the appearance of site conditions, or the placement of equipment or material upon such sites.

County shall mean Charlotte County.

Department shall mean the Charlotte County Community Development Department.

Downlighting shall mean light fixtures, generally canister shaped, which direct light predominantly downward and with baffles which reduce and control lateral light preventing the illumination of large areas of building or other reflective surfaces, which is also sometimes known as "wall washing" type illumination.

Dune shall mean a mound or ridge of loose sediments, lying landward of the beach and deposited by any natural or artificial mechanism, and which is of sufficient expanse and stability to absorb or moderate the destructive force of storm-generated ocean waves.

Dune profile shall mean the cross-sectional configuration of the dune.

Flagging shall mean the clear delineation of a sea turtle nest by placing one (1) or more stakes in the ground around, but not in, the nest.

Floodlight shall mean a reflector type light which is attached directly to a building and which is unshielded.

Ground-level barrier shall mean any natural or artificial structure rising above the ground which prevents beachfront lighting from shining directly onto the beach-dune system.

Hatchling shall mean any individual sea turtle, within or outside of a nest, which has recently hatched from an egg.

Low profile luminaire shall mean a light fixture set on a base which raises the source of the light no higher than twenty-four (24) inches off the ground, and designed in such a way that light is directed downward from a hooded light source.

Nest shall mean any place in which sea turtle eggs are naturally deposited or relocated beneath the sediments of the beach-dune system.

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

Nesting zone shall mean that area of beach and other uplands extending inland from mean high water a distance of three hundred (300) feet, and any other area known to be utilized by sea turtles for nesting purposes.

Permitted agent of the state shall mean any qualified individual, group or organization possessing a permit from DNR to conduct activities related to sea turtle protection and conservation.

Person shall mean any individual, firm, association, joint venture, partnership, estate, trust, corporation, group, state officer, or unit of federal, state, county, or municipal government, and all other associations and combinations, whether public or private.

Primary dune shall mean that portion of the dune system containing the highest point of elevation (crest). In those areas where the dune line is discontinuous or has been breached by natural or unnatural causes, the primary dune shall be considered to be the line formed by linking the proximal primary dune to the north and south of the breach.

Sea turtle(s) shall mean any species of marine turtle.

Shielded shall mean fitted with a non-reflective opaque hood, other covering or device which prevents the projection of light from being visible from the beach or from illuminating the nesting zone.

State shall mean the State of Florida.

Visible from the beach shall mean visible within a line of sight extending landward from the Gulf of Mexico from any point at mean low water [elevation.]

(Ord. No. 98-041, § 1, 6-23-98)