(a) Under this article, bona fide research or patrol vehicles may operate at night with no more artificial lighting than reasonably necessary for safe operation on the city beaches; provided, however, the operators of such vehicles are authorized permittees of the state Department of Environmental Protection or law enforcement officers.
(b) During the nonnesting season (November 1 through April 30 of each year) temporary lighting may occur.
(c) Temporary lighting utilized by public service agencies for emergency repairs may occur.
(d) In the aftermath of a natural event, such as a major storm or red tide, mechanical raking may occur if the beach area affected has been a part of a sea turtle monitoring program and a bona fide research agency, with a state department of environmental protection turtle permit, has certified that mechanical raking will not disturb any identified sea turtle nest and a copy of the required state department of environmental protection field permit, for mechanical raking, has been filed with and approved by the county division of codes and building services or its successor.
(e) Administrative exemption procedures shall be as follows:
(1) It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. However, the city recognizes that the protection of sea turtles must be balanced with health, safety and welfare interests of persons which may warrant more light or additional beach activity along some beaches. In recognition of the need to balance the interests of the sea turtles with interests of public safety, the administrator shall have the authority to exempt any lighting or activities affected by this article from any or all sections of this article upon written application in accordance with subsection (e)(3) of this section.
(2) In reaching a decision on a written application for exemption, the administrator shall consider the following:
a. It is determined there will be no significant adverse effect upon the surrounding lands and waters.
b. It is determined there will be no significant adverse effect upon the environmental quality of the area.
c. It is determined public safety will be adversely affected to a significant degree should the exemption not be granted.
d. The exemption, if granted, is the minimum exemption that will make possible reasonable protection of both the sea turtles and the public safety concerns.
(3) Application for exemption under this subsection shall be made in writing on a form provided by the administrator and shall include the following:
a. A plan which shall depict the site, location of all buildings or structures on the site and location of all lighting on the site.
b. The nature of the exemption requested.
c. Written reasons why the exemption should be approved.
d. Any additional necessary or appropriate items which the administrator may require.
(4) If the administrator denies the exemption, the applicant may file an appeal of the administrator's written decision with the city council.