§ 91.40. Definitions.

The following terms shall have the meaning set forth in this section:

(a)

Artificial light: Any fixed source of light emanating from a manmade device, including, but not limited to, incandescent, mercury-vapor, metal halide, or sodium-vapor lamps, floodlights, spotlights, street lights, parking lot lights, construction or security lights.

(b)

Beach: Beach means the zone of unconsolidated material that 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" is alternatively termed "shore."

(c)

Beach access point: Any path through or over the dune used by the general public; or, with respect to private property, by the owners or with the owner's permission, for the purpose of gaining access to the beach.

(d)

Town: The Town of Indian River Shores, Florida.

(e)

Coastal construction: The carrying out of any activity within jurisdiction boundaries to modify or improve site conditions including, but not limited to, building, clearing, filling excavation, beach/dune preservation, stabilization or restoration projects, mechanical beach cleaning, grading 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 presence of equipment or material upon such sites.

(f)

Direct illumination of the beach: Light from a point source that is sufficiently strong to cast a detectable shadow on the beach on a dark, moonless night.

(g)

DEP: Florida Department of Environmental Protection.

(h)

FWC: Fish and Wildlife Conservation Commission.

(i)

Jurisdictional boundary: The area between the Atlantic Ocean and the coastal construction control line as established by the state, except that the exterior lighting restrictions shall include the area between the Atlantic Ocean to a point 100 feet west of the coastal construction control line within the corporate limits of the town. A map depicting the area shall be maintained in the office of the town clerk. For properties located partially within the jurisdictional boundary, the requirements of this ordinance shall apply to the entire property.

(j)

Light fixture: The structural mechanism which, or within which, the point source of light is attached.

(k)

Low-profile luminaire: A light fixture, set on a base, where the point source of light is no higher than 48 inches off the ground and is designed in such a way that light is directed downward from hooded light source.

(l)

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

(m)

Nesting season: The period from March 1 through October 31 each year during which sea turtles emerge from the ocean to nest and hatchlings emerge from nests to enter the ocean.

(n)

Permit holder : Any qualified individual, group, or organization possessing a current and valid permit from FWC to conduct activities related to sea turtle conservation and recovery.

(o)

Person: Any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit or federal, state, county, or municipal government.

(p)

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

(q)

Pole light : Any light fixture set on a base or pole where the point source of light is higher than 48 inches off the ground.

(r)

Primary dune : Dune means a mound or ridge of loose sediments, usually sand-sized, lying landward of the beach, and deposited by natural or artificial means.

(Ord. No. 460, § 1, 2-24-2000)