8348-12ORDINANCE NO. 8348-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO LODGING OUT-OF-DOORS; CREATING
SECTION 21.21, CLEARWATER CODE OF ORDINANCES;
PROVIDING DEFINITIONS AND PROHIBITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Clearwater City Council finds that individuals who are lodging
out-of-doors on publicly owned property for the purpose of establishing a temporary or
permanent place of lodging or residence adversely affect aesthetics, sanitation, public
health, and safety; and
WHEREAS, the unauthorized use of publicly owned property for lodging out-of-
doors when the property in question is neither intended nor designed as a camp site,
campground, or site for temporary human habitation tends to impair, obstruct, and
otherwise detract from the use of the property for its intended purpose; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 21.21, Clearwater Code of Ordinances, is hereby created as
follows:
Sec. 21.21. - Unlawful lodctinct out-of-doors prohibited.
(1) The following words and phrases, when used in this section, shall have
the followinq meaninqs:
(a) Lodging out-of-doors means using publicly owned propertv for livinq
accommodation purposes bv the erection, use or occupation of any
tent, hut, lean-to, shack, temporarv shelter, or the like, for sleeping
purposes or the laying down of bedding, such as a blanket, sleeping
baa, bed roll, newspapers, cardboard, or similar material for the
purpose of sleepinq.
(b) Livinq accommodation purposes means to use publicly owned propertv
as a temporary or permanent place of lodqin,g or residence.
(2) It shall be unlawful for anyperson to use publicly owned propertv in the
City for the purpose of lodging out-of-doors.
Ordinance No. 8348-12
�3) A law enforcement officer should also consider one (1) or more of the
followinq before determininq if probable cause exists that a person is using the
real proqerty for livinq accommodation purposes�
(a)Numerous items of personal belon�qs are present�
(b)The person is engaqed in cooking activities�
(c)The person has built or is maintainin a fire�
(d)The person has engaged in diq„qing or earth breaking activities�
(e)The person is asleep and when awakened states that he or she has no
other place to live.
(4) No person shall be charqed under this section unless the person
continues to enaaqe in conduct prohibited by this section after havina been�
(a) Notified bv a law enforcement officer that the conduct violates this
section; and
(b) Provided an opportunity to relocate to an existinq and available public
or private shelter space open to an individual or a family unit experiencing
homelessness at no charge if the person has no legallv permanent or temporary
residence.
(5) It shall be a violation of this section for any person who havinq
previouslv violated subsection (2) and having received notification and been
provided the opportunitv to relocate to public or private shelter space pursuant to
subsection (4) of this section to commit a second violation.
(6) A law enforcement officer observing a violation of subsection (5) of
this section shall not charqe a person with a violation of this section if theperson
has no leqallv permanent or temporarv residence, if the person is willing to
relocate to an existinq and available public or private shelter space open to an
individual or a family unit experiencinq homelessness at no charqe and if the
person aqrees to travel and beqins to travel immediately bv police transport or
police escort until reaching such shelter space.
(7) Whenever a law enforcement officer affords a person an opportunity
to travel to a public or private shelter, the law enforcement officer shall advise the
person that all of his or her personal property not taken to the shelter, except that
which is of no apparent utilitv or that is in an unsanitary condition, shall be
Ordinance No. 8348-12
inventoried and stored bv the citv police department for a maximum of sixty (60�
davs, until reclaimed. If the person elects to travel to a public or private shelter
the law enforcement officer shall make available such transportation as mav be
available for such purpose.
(8) Anv personal propertv that was inventoried and stored bv the citv
police department for a person traveling to a shelter under the provisions of this
section and that has not been reclaimed within sixty f60� days of the date the
personal propertv was inventoried and stored shall be deemed abandoned and
disposed of according to F.S. ch. 705.
(9) Anv person who after being afforded the opportunity in subsection L�
commits a third or subseauent violation of subsection (2) when shelter was
presentiv available shall be subject to arrest. If the officer is not aware of
resentl available shelter s ace in Pinellas Coun the erson shall not be
charqed with a violation of this section.
(10) The prohibitions contained in this section shall not a�ply to any
erson:
(a) Who is located on park property durinq the hours that the property is
opened to the qublic;
(b) Who is usinq a campinq area approved by the City's Parks and
Recreation Department: or
(c) Who, between the hours of 6:00 a.m to 11 �00 p m is using the public
beaches or parks that are opened to the public 24 hours per da�
(11) Nothinq in the exceptions enumerated in subsection �10) of this
section shall be construed to authorize any conduct that is otherwise prohibited
by statutes or local ordinances.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
July 19, 2012
Aucrust 2, 2012
Ordinance No. 8348-12
proved as to form:
�Gc�"
Robert J. rette
Assistant � Attorney
:l
�c�stor�t 1� �r�C��''i
George N. Cretekos
Mayor
Attest:
Rosemarie Call �
City Clerk v
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Ordinance No. 8348-12