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ORDINANCE NO. 6437-99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PUBLIC BEACHES; AMENDING
SECTION 22.21 TO AMEND THE DEFINITION OF "SAFE
BATHING LIMIT" AND TO INCLUDE DEFINITIONS OF
"PUBLIC BEACH" AND "SAND KEY PUBLIC BEACH";
AMENDING SECTION 22.22, RELATING TO RULES AND
REGULATIONS ON PUBLIC BEACHES; AMENDING
SECTION 22.28, RELATING TO PROTECTION AND
PRESERVATION OF PUBLIC BEACHES; AMENDING
SECTION 22.31, RELATING TO THE PROTECTION OF
WILDLIFE ON PUBLIC BEACHES; AMENDING SECTION
22.33 TO PROHIBIT SPECIFIED ACTIVITIES ON PUBLIC
BEACHES; AMENDING SECTION 22.38 TO PROHIBIT
CAMPING ON PUBLIC BEACHES; AMENDING SECTION
22.39, RELATING TO HUNTING AND FIREARMS ON
PUBLIC BEACHES; AMENDING SECTION 22.40 TO
PROHIBIT PETS ON PUBLIC BEACHES; AMENDING
SECTION 22.42, RELATING TO TRAFFIC REGULATION
ON PUBLIC BEACHES; AMENDING 22.46 TO PROHIBIT
PARKING ON PUBLIC BEACHES; AMENDING 22.47 TO
PROHIBIT AIRCRAFT ON PUBLIC BEACHES; AMENDING
`R SECTION 22.49, RELATING TO DANGEROUS GAMES ON
PUBLIC BATHING BEACHES; AMENDING SECTION 22.50
TO PROHIBIT GOLF ON PUBLIC BEACHES; AMENDING
SECTION 22.51 TO RESTRICT CERTAIN TYPES OF
PHOTOGRAPHY ON PUBLIC BEACHES; AMENDING
SECTION 22.53 TO PROHIBIT MERCHANDISING,
VENDING, AND PEDDLING ON PUBLIC BEACHES;
AMENDING SECTION 22.55 TO REGULATE SPECIAL
EVENTS ON PUBLIC BEACHES; AMENDING SECTION
22.56 TO PROHIBIT FIREWORKS AND EXPLOSIVES ON
PUBLIC BEACHES; AMENDING SECTION 22.57 TO
PROHIBIT INTOXICATED INDIVIDUALS ON PUBLIC
BEACHES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWA T ER, FLORIDA:
Ordinance 6437-99
Section 1. Section 22.21, Code of Ordinances, is amended to read:
Sec. 22.21. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Public Beach means the ublic bathing beaches and the Sand Key Public Beach.
Safe bathing limit means the swimming or bathing area between the shoreline and
a point 300 feet offshore; that is whir be marked by buoys or other similar
devices and that is described in section 33.114.
Sand._Kev Public Beach means that portion of sandv beach within the corporate
limits of the City of Clearwater wing landward of the_shoreline _and seaward of the erosion
control line established pursuant to Chapter 161, Florida Statutes (1997)bv the Board of
Trustees of the Intemal Improvement Trust Fund as part of the Sand Kev Phase 1V
Beach Restoration Project.
\J Section 2. Section 22.22, Code of Ordinances, is amended to read:
Sec. 22.22. Necessity for rules and regulations.
It is the responsibility of each person to conduct recreational activities in such a
manner so as to prevent injury or loss of life to any person; therefore, it is necessary to
prescribe rules and regulations to govern recreational activities in the park areas and on
public bathing beaches.
Section 3. Section 22.28, Code of Ordinances, is amended to read:
Sec. 22.28. Protection and preservation of property.
(3) No unauthorized person shall transplant or remove from any park area or
public beach any beach sand whether submerged or not or any soil, rock, stones, trees,
shrubs,. plants, seeds, flowers, fruits, nuts, down timber or other wood materials; make
any excavation by tool, equipment, blasting or other means or agency; construct or
erect any buildings or structures of whatever kind whether permanent or temporary in
character; or run or string any public service utility into, upon or across such lands.
Exceptions shall be permitted for minor excavations involving the recovery of lost
artifacts on the public beaches or public parks, provided such minor excavations are
immediately refilled and no safety hazards to the public are created.
2 Ordinance 6437-99
Section 4. Section 22.31, Code of Ordinances, is amended to read;
Sec. 22.31. Protection and preservation of wildlife.
(1) No unauthorized person shall molest, harm, frighten, kill, net, trap, snare,
hunt, chase, shoot or throw or propel by any means missiles at any wildlife creature
whether it is mammal, aquatic or marine life or a bird or a reptile roaming free about the
public beach or park . No unauthorized person shall remove or
possess in anypublic_beach or park the young of any wild animal or the nest or eggs of
any reptile or bird or collect, remove, or possess, give away, sell or offer to sell, buy or
offer to buy or accept as a gift any such specimen, dead or alive.
(2) No unauthorized person shall place, dump, abandon or leave any fish,
mammal, reptile, or bird, either wild or domestic, on a aublic beach or park property.
Section 5. Section 22.33, Code of Ordinances, is amended to read:
Sec. 22.33. Bathing and Swimming Areas.
(2) No person shall carry, transport, or cause to be transported any glassware,
bottles or any other potentially dangerous or sharp objects onto any public beach, or into
any bathing, wading, or swimming pool areas of a_-public beach or park.
(3) No person shall frequent any park waters or public bathing beach for the
purpose of swimming or bathing except between such hours of the day as shall be
designated and posted by the department for such purposes for each individual area.
(4) Persons using public bathing beaches shall obey all rules posed by marine
department personnel and other rules affecting beach use and water safety which are
implemented as the situation dictates.
beach.
(5) Illegal drugs and all alcoholic beverages are prohibited on any public bang
(6) , Ssurfboards, sailboats,
motorboats, personal, watercraft, or singular hard-surfaced objects are not permitted to be
beached on any public bathes beach or to be operated within safe bathing limits
associated therewith unless authorized.
(7) Open fires, grills or other cooking or heating devices are not permitted on any
public bathing beach.
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(8) Public
therewith may be
harbormaster, use
conditions.
Section 6.
bathing beaches and swimming areas safe-bathing-limits associated
closed to the public when, in the opinion of the
s of such areas is considered dangerous due to weather, surf or other
Section 22.38, Code of Ordinances, is amended to read:
Sec. 22.38. Camping.
(1) No person shall set up tents, shacks or any other temporary shelters, or any
special vehicle to be used or that could be used for such purpose, such as a house
trailer, camp trailer, camp wagon or the like on-any public beach or park property for the
purpose of overnight camping except within such areas as may have been provided for
such use and except as authorized.
(3) No person shall sleep on in any public beach or park property that whisky has
not been designated for the purpose of overnight camping or as authorized between
11:00 p.m. and 6:00 a.m.
Section 7. Section 22.33, Code of Ordinances, is amended to read:
Sec. 22.39. Hunting and firearms.
(1) No unauthorized person shall o enl carry, use or possess firearms of any
description, air rifles, pistols, rifles, spring guns, bows and arrows, slingshots,
boomerangs, or any other form of weapon potentially dangerous to wildlife or human
safety on ef-ia any public beach or park area srPFepeFty except at and in accordance
with the rules and regulations as a participant in a program sponsored by the
department.
(2) No unauthorized person shall hunt, trap, or pursue wildlife by any means or
method whatsoever on in any public beach or park area.
Section 8. Section 22.40, Code of Ordinances, is amended to read:
Sec. 22.40. Domestic Animals.
(3) All pets shall be excluded from all public bathing beaches, public pools, and
swimming areas abutting public bathing beaches and parks.
Section 9. Section 22.42, Code of Ordinances, is amended to read:
Sec. 22.42. Traffic regulations.
Ordinance 6437-99
Applicable state vehicle traffic laws as contained in F.S. ch. 316 shall apply in
and about all park property and public bathiRg beaches, and in addition thereto the
following rules shall be applicable on roads and driveways within parks:
(6) No unauthorized person shall drive, operate, control, or propel any vehicle
on any public bathing beach at any time.
Section 10. Section 22.46, Code of Ordinances, is amended to read:
Sec. 22.46. Parking.
(4) No person shall park any vehicle at any time on any public bathing beach
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Section 11. Section 22.47, Code of Ordinances, is amended to read:
Sec. 22.47. Aircraft
(3) No person shall take off, land or otherwise operate any aircraft in or over any
safe bathing limits associated with any public bathing beach.
Section 12. Section 22.33, Code of Ordinances, is amended to read:
Sec. 22.49. Dangerous games.
No person or persons shall engage in rough or potentially dangerous games or
practice for such games such as football, baseball, softball, horseshoes, tennis,
volleyball, badminton, or any other games, practices or exercise involving thrown or
otherwise propelled objects such as balls, stones, arrows, javelins, shuttlecocks,
frisbees, model aircraft or roller skates on at any public bathing beach or park property
GPBFated by the except in the areas set aside for that purpose
as#ies.
Section 13. Section 22.50, Code of Ordinances, is amended to read:
Sec. 22.50. Golf.
No person shall play golf or use golf balls and clubs within the park areas or on
the public bathing beaches except in areas set aside for that purpose.
5 Ordinance 6437-99
Section 14. Section 22.51, Code of Ordinances, is amended to read:
Sec. 22.51. Photography.
(1) No person shall without prior authorization from the department make still or
moving pictures that involve the use of special settings, structures, fighting or
apparatus, or the performance of a cast of persons, either amateur or professional, or
the posing of professional models, on any public beach or on-, any park- PLopegy.
However, the Rrovisions of this section do not in any way restrict the use of cameras bx
amateur photggraphers_or professionals not using set scene casts or models.
(2) Bona fide newspaper, press association, newsreel and/or television news
department personnel, identified by press cards or passes and assigned by their
respective editors to make photographs for use of such communications media, will be
allowed on public beaches and in parks for such purposes.
Section 15. Section 22.53, Code of Ordinances, is amended to read:
Sec. 22.53. Merchandising, vending, peddling.
No person other than the department or regularly licensed concessionaires
acting oy ana unaer the autnonty or ine city snail expose or otter for sage, rent or trade
any article, service or thing or station or place any stand, cart or vehicle for the
transportation, sale or display of any article or merchandise within the limits of any
public beach or park except by written authorization from the
department.
Section 16. Section 22.55, Code of Ordinances, is amended to read:
Sec. 22.55. Special events, public assemblies.
(1) Sports events, pageants, entertainments, and similar productions
characterized as public spectator attractions are allowed onublic beaches and in
parks provided authorization is given in compliance with article III of this chapter.
(4) No public address system or electrical amplification will be permitted
on public beaches or In park areas except by special permit.
Section 17. Section 22.56, Code of Ordinances, is amended to read:
Sec. 22.66. Fireworks and explosives.
No person shall without prior authorization bring into or have in his possession or
set off or otherwise cause to explode on is any public beach or park area any fireworks
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or explosives of inflammable material or any substance, compound, mixture, or article
that, In conjunction with any other substance or compound, may-explode, discharge, or
burn.
Section 18. Section 22.57, Code of Ordinances, is amended to read:
Sec. 22.57. Intoxicating substances.
No person under the influence of alcohol or illegal drugs will be permitted entry to
a nublic_beach or parki des and any person so doing, if discovered therein, will
be subject to immediate expulsion aRd/QF Guspeflsiefl.
Section 19. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING August 5, 1999
PASSED ON SECOND AND FINAL.
READING AND ADOPTED
14,
Approved as to form:
1, y
- plw-k Robert J urette
Assistan ity Attorney
August 19, 1999
'.-d' W5 -
Brian J. Au t, ayor Com issioner
Attest:
Cy is E. Goudeau
Ci lerk
7 Ordinance 8437-99