7928-08
ORDINANCE NO. 7928-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
RELATING TO SOLICITING, BEGGING, AND PANHANDLING;
CREATING SECTION 21.18, CODE OF ORDINANCES, TO
PROHIBIT SOLICITING, BEGGING, AND PANHANDLING IN THE
CLEARWATER DOWNTOWN CORE REDEVELOPMENT ZONE
AND THE CLEARWATER BEACH CORE TOURIST ZONE AS
DEFINED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater's 112,000 plus residents enjoy a
vibrant economy resulting from a huge influx of 4.5 million annual tourists to
Pinellas County with Clearwater Beach alone attracting around 900,000 tourists
annually in addition to the approximate 600,000 residents in the region who
annually visit the beach;
WHEREAS, the improvement of the downtown and Clearwater Beach has
been a high priority in the City's plan to expand the economic base of the City by
attracting new investment and patrons to the area;
WHEREAS, Clearwater Beach has an economic impact of over $1 billion
and is projected to increase its impact as redevelopment on the beach continues
to occu r;
WHEREAS, the downtown is also projected to attract additional tourists
and visitors as redevelopment continues to be completed;
WHEREAS, the emergence of the City's downtown and beachfront as
quality redevelopment areas is due in no small part to the following projects and
expenditures by the City of Clearwater:
. Cleveland Street Streetscape - Cost: $10 Million
As the city's traditional, downtown "Main Street," it was important that Cleveland
Street offer a pedestrian-friendly environment that attracts residential and
destination development, especially restaurant and retail activity. Infrastructure
improvements have included new utility work, landscaping, amenities and
medians with opportunity for public art. The project is a central element in the
City's downtown revitalization strategy.
. Main Public Library - Cost: $20.2 million
Clearwater is home to one of the most spectacular and impressive public library
facilities in North America. The 90,000 square foot library is located on the
waterfront and opened in the spring of 2004. In addition to distinctive
Ordinance No. 7928-08
architecture, the library features a local history center, meeting rooms, rooftop
terrace and galleries.
. Myrtle Avenue Reconstruction - Cost: $16.13 million
Construction was completed in 2006 on Myrtle Avenue between Lakeview and
Fairmont. Infrastructure maintenance, including an improved roadway drainage
system, installation of new water mains, hyd rants, gas mains and sewer pipes,
are among the upgrades.
. Downtown Boat Slips Project - Cost: $11-million
The project is in its earliest stages. Design plans should be ready by December
2008. Construction of the 120 to 149 public boat slips at the foot of the Memorial
Causeway Bridge is slated to begin next year. The project should take a year to
complete.
. Mandalay Streetscape Improvements - Cost: $3.4 million
A major streetscape improvement project along the primary North Beach arterial,
completed in February 2003.
. Beach Walk - Cost: $30 million
Project along Clearwater's prized waterfront. Beach Walk is designed to revitalize
the community that surrounds Clearwater's popular south beach destination. Part
of the city's "Beach by Design" plan, it has already played a vital role in attracting
new hotel development to the beach;
WHEREAS, the City's downtown has recently attracted the following
private investment:
. Jamba Juice, Starbuck's Coffee and Dunkin Donuts/Baskin Robbins -
national chain franchises that are now leasing on Cleveland Street.
. Water's Edge - Waters Edge will have 157 condominium units and 10,000
square feet of retail space. The project is under construction and slated for
completion in Fall 2008.
. Station Square - The project is a 15-story building with 126 residential
condominium units, and 10,000 square feet of ground floor retail including
a major restaurant space. In addition, the project will provide more than
100 public parking spaces within a structured garage. The project is under
construction and slated for completion in Fall 2008.
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Ordinance No. 7928-08
. Marriott Residence Inn - 7..,story, 115-room select service hotel in
downtown Clearwater is under construction and slated for completion in
Fall 2008.
WHEREAS, the City's beachfront has recently attracted the following
private investment:
. Aqualea Resort & Residences - 250 hotel/resort units; 18 permanent
residential condominiums. Hyatt will manage hotel portion. The project is
under construction.
. Holiday Inn Hotel & Suites - 189 renovated hotel rooms and suites.
. Kiran Grand Resort & Spa - Proposed project consisting of 350 hotel units
and 75 permanent residences (also know as the Patel project).
. Sand pearl Resort - 253-room resort, 50 resort suites and 117
condominium homes (on the former site of the Clearwater Beach Hotel)
opened in August 2007.
. Former Adams Mark Hotel property - Proposed 230-room overnight
accommodations in the planning stages.
WHEREAS, the City of Clearwater also spends annually around $620,000
on special events, with $465,000 allocated to downtown events and $135,000
allocated to Beach events;
WHEREAS, the City of Clearwater has a substantial interest in providing
its citizens and tourists a safe, aesthetic, pleasant environment in which
recreational activities can be maximized in the downtown and on Clearwater
Beach;
WHEREAS, the City of Clearwater has a substantial interest in ensuring
the safety and convenience of the public by promoting the free flow of traffic on
public streets and sidewalks in the downtown and on Clearwater Beach;
WHEREAS, soliciting, begging, and panhandling in the Clearwater
downtown core redevelopment zone and the Clearwater Beach core tourist zone
adversely impacts tourism and patronage of businesses by creating a sense of
annoyance and intimidation among those tourists, visitors, and citizens who are
subjected to such activity;
WHEREAS, soliciting, begging, and panhandling in the Clearwater
downtown core redevelopment zone and the Clearwater Beach core tourist zone
discourages tourism and retail and contributes to the lack of enjoyment of public
places; now therefore
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Ordinance No. 7928-08
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 21.18, Code of Ordinances, is created to read as
follows:
Sec. 21.18. Soliciting, begging, or panhandling in the Clearwater
downtown core redevelopment zone and the Clearwater Beach core
tourist zone
(1) Definitions.
(a) Soliciting, begging, or panhandling means any request made in person
for an immediate donation of money or other thing of value for oneself or
another person or entity. Purchase of an item for an amount far exceeding
its value, under circumstances where a reasonable person would
understand that the purchase is, in substance, a donation, is a donation
for the purpose of this section. Soliciting, begging, or panhandling shall not
include the act of passively standing or sitting, performing music, or
singing with a sign or other indication that a donation is being sought but
without any vocal request other than a response to an inquiry by another
person.
(b) Clearwater downtown core redevelopment zone means any of the
following areas, which generally are shown on Diagram 1, including the
contiguous rights-of-way, sidewalks, piers, promenade, boardwalks, and
docks: The area bounded on the east by Myrtle Avenue, on the west by
the waters of Clearwater Harbor, on the north by Drew Street westward
until it terminates at Clearwater Harbor, and on the south by Pierce Street
westward until it terminates at Clearwater Harbor, excluding Coachman
Park.
GRAPHIC LINK: Click here
(c) Clearwater Beach core tourist zone means any of the following areas,
which generally are shown on Diagram 2, including the contiguous rights-
of-way, sidewalks, and piers: The area bounded on the north by Avalon
Street; on the west by the Gulf of Mexico; on the south by the waters of
Clearwater Pass; and on the east beginning at Gulf Boulevard on the
northern end of the Sand Key Bridge until Gulf Boulevard intersects with
South Gulfview Boulevard, then northerly along South Gulfview Boulevard
to the intersection of Harnden Drive, then northerly along Harnden Drive
until the intersection of Coronado Drive, then northerly along Coronado
Drive to and including the Clearwater Marina and Causeway Boulevard,
then northerly along Mandalay Avenue to the intersection at Avalon Street.
GRAPHIC LINK: Click here
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Ordinance No. 7928-08
(2) Prohibition. It shall be unlawful for any person after being first warned
by a law enforcement officer to continue engaging in an act of soliciting,
begging, or panhandling in the Clearwater downtown core redevelopment
zone or the Clearwater Beach core tourist zone.
(3) Exceptions. Nothing in this section shall be deemed or construed to
apply to following:
(a) Any person located on privately owned property who has the
permission of the owner or lessee of the property.
(b) Any person who has obtained approval for activities in connection with
an event at the main Clearwater public library or Harborview Center.
(c) Any person who has obtained approval to participate in the Sunsets at
Pier 60 event or in any other special event within the Clearwater
downtown core redevelopment zone or the Clearwater Beach core tourist
zone.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
May 1, 2008
PASSED ON SECOND AND FINAL
READING AND ADOPTED
May 15. 2008
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Frank V. Hibbard
Mayor
Approved as to form:
Attest:
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Ordinance No. 7928-08
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Diagram 2
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