In the past, Volusia County said that if you cast a shadow while on the beach, then the light casting the shadow was illegal and needed to be fixed; however, the county recently passed a new ordinance that changed the law to say that if a light (the actual bulb) is visible from the beach it is illegal. According to Rob Walsh, Sea Turtle Project Coordinator for Volusia County, one of the key aspects of the revised ordinance is that the regulated areas will extend to the western side of A1A as opposed to just the eastern side of A1A. The regulated area does not include Daytona Beach and Daytona Beach Shores. These areas were exempt from the original 1989 ordinance and have resisted coming into compliance due to hotel and business groups citing safety concerns. One of the problems that Volusia County is facing is that of private property rights. Property owners along Volusia County beaches have legitimate rights and concerns regarding light management. Humans use artificial light at night for a variety of reasons, including safety (lighting roads and walkways), security (preventing crime), and for decorative reasons (colored lights). Most lighting ordinances do not include citations for interior lights that can shine bright enough through windows and sliding glass doors to illuminate the beach. These lights are usually not regulated because of concerns of privacy invasion. Enforcement of lighting ordinances must take these private property interests into consideration. Most lighting ordinances in Florida concentrate on outdoor lights; they do not require lights to be shut off but instead allow for the property owner to decide themselves how to accomplish the objectives of the ordinance. Duhring, Karen-January 19, 1999 In November of 1996, Volusia County reviewed the Incidental Take Permit (ITP) from the US Fish and Wildlife Service (USFWS). The ITP protects the county from liability due to turtle deaths or injuries resulting from beach driving. To get the ITP, the Beach Habitat Conservation Plan (HCP), and the Beach Lighting Management Plan (BLMP) had to be created. The HCP does several things, including (1) turning off all the lights on beach approaches and walkways, (2) sending over 4,500 letters to owners of beachfront property, and (3) installing amber acrylic shields on 68 street lights along A1A. The BLMP has characterized the lighting situation along Volusia's beaches, and has developed action items for addressing the problem lights that should be in place for the 1999 nesting season. At the moment, it is hard for Volusia County to enforce the ordinance because it has no exact measurement that can be used to detect problem areas. Even with the new legislation, the county can only try and use the Best Available Technology (BAT), meaning that the situation can only be improved with something that is known to be better. For example, a streetlight with an amber shield is better than one without a shield. A downward facing light is better than one that faces up. This practice has been somewhat effective in reducing the light pollution, but the introduction of measuring devices to make enforcement easier and less subjective would greatly benefit the turtles. |