Full December Docket for Code Enforcement Magistrate

There were 54 cases on the December 12, 2023 Code Enforcement Magistrate’s docket. According to the Marco Island Police Department, Marco Code Enforcement Officers issued 94 sea turtle violations for the 2023 Sea Turtle Season. Fourteen (14) of those violations appeared before the Code Magistrate for violation of Marco’s Sea Turtle Protection Ordinance.

Under Marco’s Sea Turtle Lighting Ordinance, “after one warning in a calendar year, excluding an irreparable event (a sea turtle dies) the following shall apply:”

First Offense: minimum of $150, not to exceed $500 for each offense.

Second Offense:  minimum of $500, not to exceed $1,500.

Third Offense:  minimum of $1,500, not to exceed $2,000.

In addition, as per sea turtle ordinance, “after an appropriate period to correct the violation, each day such violation continues, shall be considered a separate offense. Additionally, each sea turtle or eggs that are killed, injured or molested shall constitute a separate violation.”

Fourteen Sea Turtle violations were brought before the Code Magistrate with fines imposed:

850 S. Collier BLVD - City of Marco Island vs. Sandpiper Condominium ($150/$50 admin fee)

174 S Collier BLVD - City of Marco Island vs. Princess Delmar Condominium ($75/$50 admin fee)

5000 Royal Marco Way - City of Marco Island vs. Royal Marco Point II Condo Association ($150/$50 admin fee)

850 S. Collier BLVD - City of Marco Island vs. Sandpiper Condominium Association ($150/$50 admin fee)

890 S. Collier BLVD - City of Marco Island vs. Sea Winds of Marco Condominium ($150/$50 admin fee)

870 S. Collier BLVD - City of Marco Island vs. Les Falls Condominium ($150/$50 admin fee)

930 Cape Marco Dr - City of Marco Island vs. Tampico Condo Assoc. ($150/$50 admin fee)

840 S. Collier BLVD - City of Marco Island vs. Marbelle Club Condominium ($50/$50 admin fee)

890 S. Collier BLVD - City of Marco Island vs. Sea Winds of Marco Condominium ($150/$50 admin fee)

850 S. Collier BLVD - City of Marco Island vs. Sandpiper Condominium ($150/$50 admin fee)

960 Cape Marco Dr. -City of Marco Island vs. Cozumel Condominium Association $150/$50 admin fee)

890 S Collier BLVD - City of Marco Island vs. Sea Winds of Marco Condominium ($150/$50 admin free)

870 S. Collier BLVD - City of Marco Island vs. Les Falls Condominium ($150/$50 admin fee)

850 S. Collier BLVD - City of Marco Island vs. Sandpiper Condominium $75/$50 admin fee)

According to sea turtle experts, bright artificial lighting on nesting beaches and other sources of light can interfere with the normal nesting behavior of sea turtles and also cause hatchling orientation problems. Sea turtle light ordinances are meant to limit light pollution during nesting season thus reducing the number of false crawls and hatchling disorientations. 

Marco’s hatchling disorientations were running at 60% for the 2023 season and preliminary numbers recorded 47 hatchling disorientations out of 82 hatched nests, a record high for Marco. In 2022, Marco recorded 10 hatchling disorientations – the highest in the County.

The 2023 Marco Sea Turtle Season had not been “sea-turtle-friendly.” Loggerheads returning to nest on Sand Dollar Island in May were met with a reclamation project. For the month of May alone, 294 false crawls were recorded by Sea Turtle monitors as sea turtles encountered dredging equipment, pipes, human disturbance, dredging crew driving ATVs at night, lights and more, and a much-altered nesting habitat. A false crawl is when the female emerges from the water to nest but turns around without laying. For the 2023 season, Marco recorded 429 false crawls (214 in 2022). Not an easy year for nesting loggerheads on Marco, something that can be improved upon.

Other environmental violations: illicit discharge into Marco’s storm sewer system (MS4):

1173 Strawberry Ct. - City of Marco Island vs. 1173 Marco Investment LLC and DSI Marine Construction - Illicit Discharge: That the Contractor shall pay a one-time fine of $5,000 and a $50 administrative fee. 

1020 Coronado Ct. - City of Marco Island vs. DSI General Contractors INC (LIC) and Papich Limited Partnership - Illicit Discharge: That the Contractor shall pay a one-time fine of $5000 and a $50 administrative fee. 

999 Anglers Cove - City of Marco Island vs. Anglers Cove Condominium Association, Inc and Total Painting - Illicit Discharge: That the Contractor shall pay a one-time fine of $5000 and a $50 administrative fee.