9665-23 DocuSign Envelope ID:4774B44D-3845-4E66-BCE3-866310F75BA6
ORDINANCE NO. 9665-23
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO MEDICAL CLINIC SAFETY;
AMENDING THE CODE OF ORDINANCES CHAPTER 28. --
STREETS, SIDEWALKS,. OTHER PUBLIC . PLACES,
SECTION =28.10; ESTABLISHING AVE HICLI LAR SAFETY
ZONE, CREATING CIVIL PENALTIES, AND DESCRIBING
CITATION PROCEDURES; PROVIDING AN EFFECTIVE
DATE,
WHEREAS, the Clearwater City Council recognizes that access to health care
facilities for the purpose of obtaining medical treatment is important for residents and
visitors to.the City.; and
WHEREAS, the exercise of a. person's right to protest or counsel against certain
medical procedures is a First Amendment activity that must be balanced againstanother
person's right to obtain medical and treatment in a.manner authorized by Florida law; and
WHEREAS, On June 24, 2022, the SupremeCourt released the decision Dobbs v.
.Jackson Woman's Health. Organization, holding that the United States Constitution
confers no constitutional right to abortion services, but said rights, if any, may be
authorized or guaranteed.by`individual states; and
WHEREAS., after the. release of the decision, the Clearwater Police Department
began seeing a rise in aggression and confrontation between individuals seeking
abortions, volunteer escorts forthe women seeking abortions, and protesters; and
WHEREAS., the.Clearwater Police Department has been consistently called upon to
respond to Bread. and Roses Woman's Health:Center located at.1564 S. Highland Ave.,
Clearwater; FL 33.756 to mediate continuing and now escalating confrontation:between
those individuals and associated groups; and
WHEREAS, the Clearwater Police Department has specifically observed pedestrian
protesters entering. and repeatedly crossing the driveway of the.health center, so as to
impede vehicular ingress and egress; and
WHEREAS, occupants of said vehicles are then accosted by the same groups of
individuals; frightening and intimidating the occupants even though they have every legal
right.to enter the clinic; and
WHEREAS, these confrontations have created an increased need for dedicated
appropriation of the Clearwater Police Department's finite resources, which are being
provided to this one property,to the neglect of law-enforcement needs.througbout the rest
of%the patrol district 1n which the facility.is located; and.
f. Ordinance No. 9665-23
DocuSign Envelope ID:4774B44D-3845-4E66-BCE3-866310F75BA6
WHEREAS, targeted trespass warnings to individuals impeding vehicular ingress
and egress is.not a remedy available by law because the driveway is located on the public
right-of=way;.and
WHEREAS, targetted arrests for resisting an officer without violence are impractical
because the protesters will temporarily cornply with an officer's instructions whenever told
to vacate the driveway and.allow vehicular access, but the protesters re-enter or continue
crossing the driveway after the officer leaves the scene and Florida law prohibits officers
from arresting the Violator(s) for. misdemeanor crimes not committed in the officer's
presence; and
WHEREAS, the City wants to protect the public .in a way that complies with bath
Florida law and the First Amendment; and
WHEREAS, the City is familiar with the Court'.s ruling in Bruni v. City of Pittsburgh,
941 F.3d 73 (31d Cir. 2019), in which the Court upheld the City of Pittsburgh's creation of
a buffer zone when that.City faced s.imiiar concerns; and
WHEREAS, the Court determined that the creation of content-neutral buffer zones is
subject to intermediate scrutiny; and
WHEREAS, the City of Clearwater has determined that a. five-foot buffer zone
surrounding the driveway is sufficient to resolve the current difficulties; and
WHEREAS, this buffer zone will ensure.the safety:of protesters and patients alike,
by allowing safe vehicular ingress and.egress to and from the clinic;.and
WHEREAS, this buffer zone. preserves the protesters' ability to make their Views
known, seen, and heard by persons entering and exiting the clinic, as shown in the
pictures and diagrams attached to this: ordinance as Exhibit A; now therefore.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA;
Section 1: Sec. 28.10, Clearwater Code.of Ordinances is hereby amended to read as
follows:
Section 28..10=VEHICLE SAFETY ZONE FOR BREAD AND ROSES ROMAN'S
HEALTH CENTER LOCATED AT 1550.S. HIGHLAND AVENUE.
(1) VEHICULAR SAFETY ZONE. No pedestrian as defined in Florida Statute
316.00X561, or person riding a bicycle as:defined in Florida Statute.316.0030.
or person o gratin g any other non-motorized vehicle shall enter into or cross an
portion of the vehicular d.riveway located at the western entrance.to the clinic or
enter that portion of the sidewalk or swale located within five 5 feet north or
south of the concrete driveway. This restriction shall be in effect only from
M.onday through Saturday, beginning 7:00am and endin .6`.00 m each day.
2 Ordinance No. 9655-23
DocuSign Envelope ID:4774B44D-3845-4E66-BCE3-866310F75BA6
This section shall not apply to police and public safety officers fire and. rescue
ersonnel or other emerge n cworkers in the course of their officialbusiness, or
to authorized security ersonnel employees ora eats of the hos `ital medical
office orclinic on a ed in assisting patients and other persons to enter or exit the
Clinic.
2 PENALTY. Any person, firm or corporation who pleads guilty or nolo
contendere,.or is convicted of violatin of this section shall bg uiltI of a Class I11
civil infraction Pursuant to Section 1.f 2 of this Code of Ordinances:
Section 2. This ordinance.shall take effect immediately upon adaption..
PASSED.ON FIRST READING March 2, 2023
PASSED ON SECOND.AND FINAL March 16, 2023
READING AND ADOPTED DocuSigned by:
LFf
rAJAk f�i(�l�&ry
Frank V. Hibbard
Mayor
DS
Approved as to form: Attest:
Ev
DocuSigned by:
DocuSigned by:
Aw� AWYUS Lau
630D3E9E13F041 E...
David Margolis Rosemarie Call
City Attorney City Clerk
3. Ordinance Na. 9565-23
DocuSign Envelope ID:4774B44D-3845-4E66-BCE3-866310F75BA6
Idr7
Lot 8
5:89''14'87-E 100.09'
o
Jordan Hills Subdivision C
PldrBook 8.2,Page31 M&B r a
5 33106
W
e
Lard 1 OR 1813841 do.
v g C ro
4 S"Highland Memo
ED
�
T.
O
z .�
N.T.S.
Point of HeginnFn
N 89*1g;57-
N 89'i4'.59"W 490.00'
MCEB AMB
33/dS l 33107 sa n <
f
a �
%
Point of Conimenernent-Southeast canner of th g
BelleaIr load Southwest I of the Southwest]of z
36etion 23,Township 199,Range 16E.
1QV RM
This is not a survey
Legal Description
A parcel of land:lying in Section 23,Township 29...South, Range.15 East,.Pinellas County, Florida, and also being
a part of the SCOTIA HEIGHTS subdivision, as recorded in Plat Book 10, Page 10, of the Public Records of
Pinellas County; Florida, and being more particularly described as follows:
Commence at the Southeast carrier of the Southwest 114 of the Southwest 114 of said Section 23 and run
North 00" 19'04.5"Vilest, along the centerline of Highland Avenue,a distance of 200.00 feet to a point; leaving
said.line, run.North 89"14'5T'West, a distance of 40.01 feet to a point intersecting the Westerly right-of:way
line ofsaid Highland Avenue for the Point.of Beginning;thence continue North 89"14'57 West,a distance of
100.09 feet;thence run North 00'" 19'04:5'West, a.distance:of 130100 feet to a paint;thence run
South 89" 14'57"East,:a.distance of 100.00 feet to a point intersecting the aforementioned right-of--way line;
thence run South 00"19'04.5"Bast,along said line,a.distance of 130:00 feet to the Poiret of Beginning.
CITY OF CLEARWATER EDAT
�
D PART MNT OF PU13LEC WORDS- Broad and Roses women's Health Center3-01 1 OF 1
ENGE E 1560 South Highland Avenue v6ma 23 293 � 1S
DRAWN BY CHECKED BY Sketch.and Legal.Description
Lae Cheolk Tam.Mahan AT[ N 2J'F12023
DocuSign Envelope ID:4774B44D-3845-4E66-BCE3-866310F75BA6
-
-
\. -
f,s �, a
t
tt 4{{r
fill!"
t
,},r n7 r ribs- vSt�r��
}f�tl�
Parcel Size:;, � 7 s�i7t�{tJ}si�r7J� �ss41 �s
+1ry.>•w3�
-��SJ3 a2 ac
t i
MIL
{ }
s� }
� {a
Arl ,
s
50
) r
r �
k d 1
nr `�
�_ 7 —
s
\
r
— S
Y
}
\ i
W
a� { �F`
4,
''14 ,
a
N
L
s
Ad 1'� iso
t<
x
Bread & Roses omen's Health Center
I
Parcel r.
prep byt 0
o B.mymriV:,aee wrotmr. ms7rd Map Cen By. CRM Reviewed B TPS Aerial Flown 20 2 Date: 1d3i120 �
sm ;axr�ssaarst, b.•3r ey ssas — �� 23 Page: 3 of 1 SCalw N.T.S,
waw.MyC katvraieream
R4tU rntrrd Pa[§1:C.YtlSedtYGhFi�la�her,�aliy3 nselCa'��f Cleanxm;ea1=•rYy�xsear Yty CSWr�ra�u€c 7e�R>r:cfbgy•C.1acumetySaVCii3.�;:a�gineamryg+k_bGat�ra ABeya'alae®�tuecaY€edllhCurv�r.mwd