8074-09
ORDINANCE NO. 8074-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO DOMESTIC ANIMALS; AMENDING SECTION 22.40,
CLEARWATER CODE OF ORDINANCES, TO REQUIRE THE
LEASHING OF DOGS LOCATED AT SPECIFIED AREAS ON
CLEARWATER BEACH AND REQUIRING THE REMOVAL OF PET
DEFECATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on Clearwater Beach, dogs are prohibited on the public bathing beach,
which is bounded on the north by Somerset Street; and
WHEREAS, dogs are not prohibited on the sandy beach or swimming areas abutting
the sandy beach located from the boundary of Somerset Street to the northern most
boundary of Clearwater Beach; and
WHEREAS, the City Council heard evidence at its meeting on May 7, 2009, from the
Clearwater Audubon that dogs have an adverse affect on the nesting of shore birds;
and
WHEREAS, the City Council also heard the testimony from dog owners who own
property on the northern portion of Clearwater Beach and who have used the sandy
beach as a recreation area for themselves and their dogs; and
WHEREAS, the City Council has determined that a balance can be achieved between
the protection of shore birds and the use of the sandy beach by dog owners if dogs are
required to be restrained and on adequate leashes when the dogs are on the sandy
beach or in the swimming areas abutting the sandy beach located from the boundary of
Somerset Street to the northern most boundary of Clearwater Beach; and
WHEREAS, the City Council has also determined that the health, safety, and welfare of
individuals is enhanced when pet owners or those in charge of the pet are required to
remove all feces deposited by such animal on the sandy beach; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 22.40, Clearwater Code of Ordinances, is hereby amended
to read as follows:
Ordinance No. 8074-09
Sec. 22.40. Domestic animals.
(1) Dogs and other pets shall be excluded from any place where food and drinks are
consumed or where posted.
(2) DOQS shall at all times be restrained and on adequate leashes when the dOQ is on
the sandy beach or in the swimminQ areas abuttinQ the sandy beach located from the
boundary of Somerset Street to the northern most boundary of Clearwater Beach.
Ql~ Other than as specifically provided for below, in those park areas where dogs
and other pets are allowed, the dogs shall at all times be restrained and on adequate
leashes, and all other pets shall be under constant physical control of a person.
ffi~ At Crest Lake and Enterprise Dog Parks only, there are areas designated for
dogs off leash. Dogs in these designated areas must be accompanied by their owner,
be under vocal control and not cause a public nuisance, safety hazard or harass
wildlife.
@{4} All pets shall be excluded from all public beaches, public pools, and swimming
areas abutting public beaches and parks.
@tat In the case of dOQ and other pet defecation on park property, the Courtney
Campbell Recreation Area, or the sandy beach located from the boundary of Somerset
Street to the northern most boundary of Clearwater Beach. the owner or person in
charge or in control of the dOQ or other pet shall remove all feces deposited by such
animal and dispose of same in a sanitary manner.
ill~ Seeing Eye dogs, guide dogs, signal dogs, or other animals individually trained
to provide assistance to an individual with a disability shall be permitted in all public
areas and public facilities. An individual with a disability utilizing such animals shall be
excluded from the requirement contained in subsection @ tat if the individual is
physically incapable of removing the excrement deposited by the animal.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 4, 2009
PASSED ON SECOND AND FINAL
READING AND ADOPTED
June 18. 2009
( ~j//~
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
VMd:-~ jj~
Robert J. rette
Assistant Ity Attorney
ftJJl Cynthia E. Goudeau
City Clerk
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Ordinance No. 8074-09