8104-09
ORDINANCE NO. 8104-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PARKS; AMENDING CHAPTER
22, PARKS, BEACHES, RECREATION; MODIFYING
SECTIONS 22.21 DEFINITIONS, PUBLIC BATHING
BEACHES, AND 22.33 BATHING AND SWIMMING AREAS
AND THE COURTNEY CAMPBELL RECREATION AREA,
SUBSECTIONS (4) AND (8) TO CHANGE
ADMINISTRATIVE RESPONSIBILITY THEREFORE FROM
THE CITY MARINE DEPARTMENT TO THE CITY
MANAGER OR HIS DESIGNEE; AMENDING SECTION
22.21 DEFINITIONS, TO ELIMINATE THE DEFINITION OF
SAFE BATHING LIMIT; AMENDING SECTIONS 22.33 (6)
BATHING AND SWIMMING AREAS AND THE COURTNEY
CAMPBELL RECREATION AREA, 22.34(2) BOATING,
22.35(6) FISHING, AND 22.47(3) AIRCRAFT, TO
DESCRIBE AREAS FORMERLY DESCRIBED AS SAFE
BATH II NG LIMITS AS AREAS PROHIBITING,
GENERALLY, WATERCRAFT AND AIRCRAFT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has reorganized the beach lifeguard operations moving the
management from the Marine Department to the Parks and Recreation Department;
and
WHEREAS, the Code of Ordinances currently references the Marine Department
as the responsible party to oversee the beach operations, and
WHEREAS, it is necessary to change the Code so that the City Manager or his
designee is responsible for operations of the beach and lifeguards; and
WHEREAS, there are several other parts of the code that need to be updated
and modified to meet these changes; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. That Chapter 22 of the Code of Ordinances, City of Clearwater,
Florida, is hereby amended to read as follows:
Chapter 22
Parks, Beaches, Recreation*
* * *
Ordinance No. 8104-09
Article II. Use Regulations*
Section 22.21. Definitions
* * *
Public bathing beaches means public beaches abutting the Gulf of Mexico which are
assigned to the city parks and recreation department for upkeep and maintenance and
to the city marine department city manaqer or his desiqnee for operation.
* * *
Safe bathing limit means the swimming or bathing area between the shoreline and a
point 300 feet offshore that is marked by buoys or other similar de'/ices and that is
described in section 33.114.
* * *
Sec. 22.33. Bathing and swimming areas and the Courtney Campbell Recreation
Area.
* * *
(4) Persons using public beaches or the Courtney Campbell Recreation Area shall
obey all rules posted by marine department personnel the city manaqer or his desiqnee
and other rules affecting beach use and water safety which are implemented as the
situation dictates.
* * *
(6) Surfboards, sailboats, motorboats, personal watercraft, or singular hand-surfaced
objects are not permitted to be beached on any public beach or to be operated witRffi
safe bathing limits associated there...:ith in any area described in section 33.114 (Exhibit
"A", attached hereto and incorporated herein) unless authorized.
* * *
(8) Public Beaches and the Courtney Campbell Recreation Area, as well as the
swimming areas associated therewith, may be closed to the public when, in the opinion
of the city manaqer or his desiqnee harbormaster, use of such areas is considered
dangerous due to weather, surf or other conditions.
* * *
Sec. 22.34 Boating.
* * *
2
Ordinance No. 8104-09
(2) No person shall bring into or operate any boat or watercraft of any kind whatsoever;
whether motorized or not, in any s::lfo b::lthing limits or restricted area associated with
any public bathing beach of the city or in any area described in section 33.114 except
city vessels performing official tasks and authorized under section 33.116.
* * *
Sec. 22.35. Fishing.
* * *
(6) No person shall at any time fish from beaches in any area where bathing and
swimming are permitted nor within any s::lfe bathing limits or restricted area associated
therewith or in any area described in section 33.114.
* * *
Sec. 22.47. Aircraft
* * *
(3) No person shall take off, land or otherwise operate any aircraft in or over any safe
b::lthing limits ::lssociatod '.\'ith ::my public beach or in any area described in section
33.114.
* * *
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
September 3, 2009
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED
September 17, 2009
1~j/~
~k V. Hibbard
Mayor
Approved as to form:
J
'. //
Laura Lipowski Mahony
Assistant City Attorney
Ordinance No. 8104-09
MOTION TO AMEND ORDINANCE NO. 8104-09 ON SECOND READING
On page 2, amend the ordinance as follows:
The following language is added to number (6) as follows:
(6) Surfboards, sailboats, motorboats, personal watercraft, or singular hand-
surfaced objects are not permitted to be beached on any public beach or to be
operated ':.'ithin s3fe bathing limits 3ssoci3ted therev..ith in any area described in section
33.114 (Exhibit "A," attached hereto and incorporated herein) unless authorized.
Pamela K. Akin
City Attorney
September 17
,2009
Sec.33.114
EXHIBIT 'A'
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~ Cle.arwater Prepared by: +z Map Gen By: MRH I Reviewed By: TM
Engineering Department 0 250 500 1,000 1,500 Feet
Geographic Technology Division 1 inch = 500 feet Date: Sept 9,2009
100 S. Myrtle Ave, Clearwater, FL 33756 I I I I I I I I I I I I I
U~ Ph: (727)562-4750, Fax: (727)526-4755 258A I . 05-29s-15e
~ www.MyClearwater.com 267A 276A S-T-R. 08-29s-15e
Ordinance NO. 8104-09