2395-81
ORDINANCE NO. 2395-81
N
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 76, PEDDLERS, SOLICITORS AND
CANVASSERS, OF ARTICLE I, GENERALLY, OF THE CODE
OF ORDINANCES, CITY OF CLEAR WATER, TO PROVIDE
APPLICATION OF THE SECTION TO CANVASSING AND TO
PROVIDE CLARIFICATION OF THE NEWSPAPER EX-
EMPTION; TO PROVIDE A STATEMENT OF PURPOSE;
TO PROVIDE THAT IN3UNCTIVE RELIEF MAY BE SOUGHT
TO TERMINATE VIOLATION; TO PROVIDE THAT THE
PROVISIONS DO NOT APPLY TO RELIGIOUS AND POLITICAL
ACTIVITIES; PROVIDING FOR THE SEPARABILITY OF THE
PROVISIONS HEREOF; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT;
DECLARING THAT A PUBLIC EMERGENCY EXISTS AFFECTING
THE SAFETY AND WELFARE OF THE CITIZENS OF THE
CITY OF CLEARWATER; AND PROVIDING FOR THE EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, the City of Clearwater continues to receive complaints
of public harassment and the traveling public being impeded within the area
described in Ordinance No. 2350-81; and
WHEREAS, the public complaints have continued to be that they
be permitted to use the public areas unimpeded; and
WHEREAS, the defined area being part of the tourist district, it
is very important that the traveling public be able to move in such area
in an unimpeded fashion; and
WHEREAS, an emergency exists within the City of Clearwater in
that it is immediately necessary to further clarify Section 76. 02 of the
Code of Ordinances in order that the free and unimpeded movement of the
public may be sustained thereby promoting the public health, safety and
welfare of the citizens of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEAR WATER, FLORIDA:
Section' 1. That Section 76. 02, Certain public solicitation prohibited,
of Chapter 76, Peddlers, Solicitors and Canvassers, of Article I, Generally,
of the Code of Ordinances, City of Clearwater, be and the same is hereby
amended to read as follows:
•• ? a .1 •a i.a ra ria!•...........afll*
Ord 42395-81
6./18181
0
Section 76. U. Certain public solicitation prohibited.
a The ur ose of this code section is to promote the
safely, general welfare and quality of life of the City
b promoting and facilitating the free and unimpeded
`movement of pedestrian and vehicular traffic within
the public areas subject to the provisions of Section 76. 02.
_ Ub.{a} No person shall sell, offer or expose for sale, or solicit
any person to purchase, exchange or accept any article
whatsoever, except newspapers distributed by the employees
or servants of the mews a er ublishing company on any
public way or other public place within the following
described district or such other districts hereafter
designated by the City Commission:
"That area of Clearwater Beach Island and Sand Key
bounded on the North,by Acacia Street, on the West
by the Gulf of Mexico, on the East by tho Mandalay
northward of Memorial Causeway and on the East
by Clearwater Harbor southward of Memorial Cause-
way, and on the South by the southernmost property
line of the Sheraton Sand Key Hotel as it extends
across Gulf Boulevard to the waters of Clearwater
Bay and to the waters of the Gulf of Mexico. "
Provided that the City Manager shall be authorized to
issue temporary permits authorizing the sale and rental
on the public beach area of items related to beach
recreation.
c It shall be unlawful for an person to canvass on an
public way or other public place within the district
described above or such other districts hereafter
designated_by the City Commission. As used in this
paragraph the term "canvass" shall mean and include
opinion sampling, surveying, poll taking, distributing
cards flyers or leaflets.
.J?LE4} Within this section, the term "article" shall mean any
product, service, excursion, land development promotion
or other merchandise.
_Ue•(e} L. The provisions of this section shall not apply to leases
or contracts granted by the C,,ty in the designated district.
2. _The2rovisions of this section shall not apply to persons
engaged in religious or political activities.
(f) The City Commission further finds and declares that an
violation of the provisions and standards set out in this
code section shall constitute an irreparable injury to the
citizens of the City, and the City acting on behalf of the
citizens shall have authority•to seek injunctive relief to
terminate or prevent violation of this section.
Ord 02395-81. 6/18/81
Section 2. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4. It is hereby found, determined and declared that this
ordinance is necessary and urgently needed for the preservation of the
safety and welfare of the citizens and inhabitants of the City of Clearwater,
Florida, in that passage of the ordinance will clarify coverage of provisions
of the ordinance and thus more quickly and completely fully implement the
purpose of the ordinance; by reason of such fact an emergency is hereby
declared; and that this ordinance shall be in full force and effect immediately
upon its passage. This ordinance shall automatically 'expire ninety (90)
days from the date of passage unless the ordinance is submitted during
such time for consideration as a non-emergency ordinance.
PASSED ON FIRST READING June 18, 1981
PASSED ON SECOND AND FINAL
READING AND ADOPTED June ] 8, 1981
Attest:,
City Clerk
?r e-A,
Mayor- Commissioner
-3-
6/18/81
ORDINANCE NO. 2395-81
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 76, PEDDLERS, SOLICITORS AND
CANVASSERS, OF ARTICLE I, GENERALLY, OF THE CODE
OF ORDINANCES, CITY OF CLEARWATER, TO PROVIDE
APPLICATION OF THE SECTION TO CANVASSING AND TO
PROVIDE CLARIFICATION OF THE NEWSPAPER EX-
EMPTION; TO PROVIDE A STATEMENT OF PURPOSE;
TO PROVIDE THAT INJUNCTIVE RELIEF MAY BE SOUGHT
TO TERMINATE VIOLATION; TO PROVIDE THAT THE
PROVISIONS DO NOT APPLY TO RELIGIOUS AND POLITICAL
ACTIVITIES; PROVIDING FOR THE SEPARABILITY OF THE
PROVISIONS HEREOF; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT;
DECLARING THAT A PUBLIC EMERGENCY EXISTS AFFECTING
THE SAFETY AND WELFARE OF THE CITIZENS OF THE
CITY OF CLEARWATER; AND PROVIDING FOR THE EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR PROPER NOTICE
OF PROPOSED ENACTMENT.
WHEREAS, the City of Clearwater continues to receive complaints
of public harassment and the traveling public being impeded within the area
described in Ordinance No. 2350-81; and
WHEREAS, -the public complaints have continued to be that they
be permitted to use the public areas unimpeded; and
WHEREAS, the defined area being part of the tourist district, it
is very important that the traveling public be able to move in such area
. in an unimpeded fashion; and
WHEREAS, an emergency exists within the City of Clearwater in
that it is immediately necessary to further clarify Section 76. 02 of the
Code of Ordinances in order that' the free and unimpeded movement of the
public may be sustained thereby promoting the public health, safety and
welfare of the citizens of the City;
NOW, THER EFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEAR WATER, FLORIDA:
Section 1. That Section 76, 02, Certain public solicitation prohibited,
of Chapter 76, Peddlers, Solicitors and Canvassers, of Article 1, Generally,
of the Code of Ordinances, City of Clearwater, be and the same is hereby
amended to read as follows.'
-l-
c?.cJ.Gt P739 =?? -- 9- 3 • Sri
• .r
a .'??R,Fi.
Section 76. D2. Certain public solicitation prohibited.
(al The purpose of this code section is to promote the
safe general welfare and uali of life of the_Cit _
b promoting and facilitating the free and unimpeded
movement of pedestrian and vehicular traffic within
the public areas subject to the provisions of Section 76. 42.
_(tL.{a} No person shall sell, offer or expose for sale, or solicit
any person to purchase, exchange or accept atiy article
whatsoever, except newspapers distributed by the employees
or servants of the news a or publishing com an , on any
public way or. other public place within the following
described district or such other districts hereafter
designated by the City.Commission;
"That area of Clearwater Beach Island and Sand Key
bounded on the North by Acacia Street, on the West
by the Gulf of Mexico, on the East by the Mandalay
northward of Memorial Causeway and on the East
by Clearwater Harbor southward of Memorial Cause-
way, and on the South by the southernmost property
line of the Sheraton Sand Key Hotel as it extends
across Gulf Boulevard to the waters of Clearwater
Bay and to the waters pf the Gulf of Mexico. "
Provided that the City Manager shall be authorized to
issue temporary permits authorizing the sale and rental
on the public beach area of items related to beach
recreation.
c It shall be unlawful for an erson to canvass on an
public way-or other public place within the district_
described above or such other districts hereafter
designated by the City Commission. As used in this
paragraph the term "canvass" shall mean and include
opinion sampling, surveying, poll taking, distributing
cards fl ers or leaflets.
Ld? #b)- Within this section, the term "article" shall mean any
product, service, excursion, land development promotion
or other merchandise.
{e} 1? The provisions of this section shall not apply'to leases
or contracts granted by the City in the designated district.
2. The provisions of this section shall not apply to persons
engaged in religious or political actiyities._
q
(£) The Ci!y Commission further finds and declares that aar_
violation of the provisions and standards set out in this
code section shall constitute an irreparable injury to the
citizens of the City., and the City acting on behalf of the
citizens shall have authors to seek injunctive relief to
terminate or prevent violation of this section.
-2-
9-3.21
Section Z. Should any part or provision of this, ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4. It is hereby found, determined and declared that this
ordinance is necessary and urgently needed for the preservation of the
safety and welfare of the citizens and inhabitants of the City of Clearwater,
Florida, in that passage of the ordinance will clarify coverage of provisions
of the ordinance and thus more quickly and completely fully implement the
purpose of the ordinance; by reason of such fact an emergency is hereby
declared; and that this ordinance shall be in full force and effect immediately
upon its passage. This ordinance shall automatically expire ninety (90)
days from the date of passage unless the ordinance is submitted during
such time for consideration as a non-emergency ordinance.
Section 5. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section X66.041, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Att
est:''
J
6?, ay:"
'City Clerk t
August 20, 1981
September 3, 1981
Mayor- Commis sinner
9-3• P/