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Agenda Item: 15(A)(iii) |
Prepared By: Joan Taylor, City Clerk |
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Business: Ordinance -Second Reading |
Department: Executive |
Title
Ordinance - Second Reading - Amending The City Of Marco Island Code Of Ordinances By Amending Chapter 54, “Waterways And Beaches,” Article V, “Sea Turtle Protection”; Amending Section 54-143 “Definitions” To Include Fishing As A Special Event; Amending Section 54-151 To Provide Regulations Requiring A Special Permit For 10 Or More People Fishing At Night During Sea Turtle Season To Protect Sea Turtles And Their Nesting Habitats- Alan L. Gabriel, City Attorney
Body
BACKGROUND:
During the April 20, 2026 City Council meeting, Councilors voted 4-2 in favor (one member absent) of approving the first reading of Amending Chapter 54 to provide increased protection of Sea Turtles during nesting season.
Specifically, Ordinance 26-04 is proposing to regulate activities on the beach that may harass, disorient, or cause injury to sea turtles during the nesting season that is from May 1, through October 31, of each year.
• Pursuant to section 54-151 (c)(3) “Man-made moveable objects shall not obstruct sea turtle nesting habitat during nesting season during nighttime.”…. “All obstructions shall be removed from the sea turtle nesting habitat… between 9:00 p.m. and 8:00 a.m.”
• Pursuant to section 54-152, “It shall be unlawful for any person…. To kill, molest, cause a disorientation, or cause direct or indirect injury to any species of sea turtle….”
• Any violation of these regulations may be “irreparable or irreversible event” that allows for statutory authorized larger penalties.
Council will now hear the second reading of Ordinance 26-04.
FUNDING SOURCE / FISCAL IMPACT: NA
PUBLIC NOTICE REQUIREMENTS: Ordinance 26-04 read by title on at least 2 separate days and shall be noticed in a newspaper of general circulation at least 10 days prior to the second reading. A Business Impact Statement shall be available on the City Website prior to the legal notification.
NOTICE APPEARANCE DATE(S): April 23, 2026. Business Impact Statement posted April 22, 2026 to the City Website.
RECOMMENDATION: Discuss and make a motion on the first reading of Ordinance 26-04.
POTENTIAL MOTION: “Move to approve the first reading of Ordinance 26-04.”