§ 46-91. 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:

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

Beach means that area 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).

Bug light means any yellow colored light bulb that is marketed as being specifically treated in such a way so as to reduce the attraction of bugs to the light.

Coastal construction activities means any work or activity that has a material physical effect on existing coastal conditions or natural shore and inlet processes.

Coastal construction control line (CCCL) means county coastal construction control line as depicted on the state department of natural resources, division of beaches and shores, March 1985, aerial map as adopted in chapter 62, article XII.

Cumulatively illuminated means illuminated by numerous artificial light sources that as a group illuminate any portion of the beach.

Directly illuminated means illuminated as a result of glowing element(s), lamp(s), globe(s), or reflector(s) or an artificial light source which is visible to an observer on the beach.

Dune means a mound or ridge of loose sediments, usually sandsized, lying landward of the beach and deposited by any natural or artificial mechanism.

Frontal dune means the first natural or manmade mound or bluff of sand which is located landward of the beach and which has sufficient vegetation, height, continuity, and configuration to offer protective value.

Ground-level barrier means any vegetation, natural feature or artificial structure rising from the ground which prevents beachfront lighting from shining directly onto the beach-dune system.

Hatchling means any species of marine turtle, within or outside of a nest, that has recently hatched from an egg.

Indirectly illuminated means illumination as a result of the glowing element(s), lamp(s), globe(s) or reflector(s) of an artificial light source which is not visible to an observer on the beach.

Marine turtle means any marine-dwelling reptile of the families Cheloniidae or Dermochelyidae found in state waters or using the beach as nesting habitat, including the species: Caretta (loggerhead), Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricata (hawksbill), and Lepidochelys kempi (Kemp's ridley). For the purposes of this section, marine turtle is synonymous with sea turtle.

Nest means an area where marine turtle eggs have been naturally deposited or subsequently relocated.

Nesting season means the period of time from May 1 through October 31 of each year.

New development includes new construction and remodeling of existing structures when such remodeling includes alteration of exterior lighting.

Nighttime for the purposes of this section shall be from 9:00 p.m. until 5:00 a.m. daily.

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

Tinted or filmed glass means glass so treated as to achieve an industry-approved, inside-to-outside light transmittance value of 45 percent or less.

(Code 1979, § 11-17.1(1); Ord. No. 93-15, § 1(11-17.1(1)), 6-22-93)