9680-23 DocuSign Envelope ID:7989DE9C-A414-455F-AFDE-3F142A399504
ORDINANCE NO. 9680-23
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA AMENDING CHAPTER 22, ARTICLE I & II,
PROVIDING A DEFINITION FOR ELECTRONIC
CIGARETTE; USE REGULATIONS TO PROHIBIT
SMOKING AND VAPING IN CITY OWNED PUBLIC PARKS
AND BEACHES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 2022-213, Laws of Florida, enacted and signed into law
by the Governor on June 24, 2022, effective July 1, 2022, amended the Florida Clean
Air Act (Chapter 386, part II, Florida Statutes) to provide that counties and
municipalities may restrict smoking within the boundaries of any public beaches and
public parks the local government owns, with the exception of restrictions on the
smoking of unfiltered cigars which is preempted to the State; and
WHEREAS, cigarette butts are one of the most commonly found items of litter
on Florida's beaches. The litter caused by those who improperly dispose of cigarette
butts or other tobacco products on the Public Beach and in Public Parks is difficult to
remove from the beaches, can cause ingestion hazards to wildlife, can significantly
detract from a healthy environment, and reduce the enjoyment of the City's public
beaches and parks for those individuals and families who want to enjoy a healthy
environment, free of smoking-related pollution and hazards; and
WHEREAS, the Florida Legislature in its staff analysis of the amendment
to Chapter 386, part II noted that exposure to secondhand smoke can cause
numerous health problems and has been causally linked to cancer and to other
potentially fatal diseases. Secondhand smoke is generally defined as smoke
from burning tobacco products or smoke that is exhaled by a tobacco smoker;
and
WHEREAS, the City Council desires to protect the aesthetic beauty and
environmental health of the City's public parks and beaches; and
WHEREAS, the City Council determines that the adoption of this Ordinance to be
in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA, THAT:
Section 1: Sec. 22.21, Clearwater Code of Ordinances is amended as follows:
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:
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Authorized or authorization means that the city manager, director, or harbormaster
must officially approve and authorize requests. Authorization entails a written letter or
memorandum granting the request.
Courtney Campbell Recreation Area means that portion of Section 16, Township 29
South, Range 16 East, Pinellas County, Florida lying south of a line forty five feet
south of and parallel with the centerline of survey of State Road 60 as per Section
15040-(2517)2522, north of a line two hundred feet south of and parallel with said
centerline of survey, from station 127+37.14 to station 148+74.58 of said centerline of
survey and containing 7.606 acres more or less.
Department means the city parks and recreation department or marine department.
Director means the director of the city parks and recreation department.
Harbormaster means the director of the city marine department.
Electronic cigarette and e-cigarette means any product that employs an electronic,
chemical, or mechanical means that provides, or is manufactured to provide, a vapor of
liquid nicotine or other substances mixed with Propylene glycol or other substances
delivered or deliverable to the user that he or she can inhale in simulation of smoking,
vaping, or other inhalation mechanism. This term shall include every version and type of
such devices whether they are manufactured or marketed as e-cigarettes, e-cigars, e-
pipes, or under any other product name or description.
Marine department means the city marine department.
Organized activity means any planned recreational activity or game having formal
organization or structure, or any activity or game affiliated with membership in an
organization such as a school or social organization. Organized activity shall not mean
informal or casual "pick-up" recreational activity or games, occurring without regularity
or occurring spontaneously or by chance.
Park property means all areas, buildings, locations and facilities described in the
definition of parks.
Park roads means all surfaced areas designated for vehicular traffic, and passing
through any legally defined park or recreational area or any part thereof.
Parking area means any designated part of any park road, drive or special area
contiguous thereto that may be set apart for the standing or stationing of any vehicle.
Parks and other areas operated and maintained by the city parks and recreation
department mean real property and structures which are under the control of or
assigned for upkeep, maintenance or operation by the city parks and recreation
department.
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Person shall be understood, as employed herein, to mean any individual regardless of
age or sex, or any corporation, company, association, firm, partnership, club, society,
or any association of person, or any agent or employee thereof.
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 manager or his designee for operation.
Public beach means the public bathing beaches and the Sand Key Public Beach.
Public nudity shall be defined as set out inChapter21,, Offenses, of this Code, as may
be amended from time to time.
Sand Key Public Beach means that portion of sandy beach within the corporate limits
of the City of Clearwater lying landward of the shoreline and seaward of the erosion
control line established pursuant to Chapter 161, Florida Statutes (1997), by the Board
of Trustees of the Internal Improvement Trust Fund as part of the Sand Key Phase IV
Beach Restoration Project.
Vehicle means any wheeled conveyance, except a baby carriage or wheelchair, for
the transportation of persons or materials whether:
(1) Powered or drawn by a motor, such as an automobile, truck, motorcycle,
scooter, moped;
(2) Human- or animal-drawn conveyance such as a carriage, wagon or cart;
(3) Self-propelled, such as a bicycle or tricycle; or
(4) Any trailer in tow of any size, kind or description.
Section 2: Section 22.32 is created as follows:
Sec. 22.32 Smoking and vaping.
(a) No person shall use, consume, inhale, exhale, or burn any (i) electronic cigarette,
as defined in Chapter 22.21 of this Code, or (ii) lighted tobacco product, including
cigarettes, pipe tobacco, and any other lighted tobacco product with the exception
of unfiltered cigars, in or on public beaches and public parks owned or controlled
by the City,
(b) The consumption, inhalation, exhalation, or burning of any electronic cigarette or
lighted tobacco product that is done in connection with a City sponsored or co-
sponsored event approved by a resolution of City Council that permits such activity
is exempt from this section.
(c) Any Person who pleads quiltV or nolo contendere or is convicted of violating this
section shall be guilty of a class IV civil infraction pursuant to Section 1.12 of this
Code of Ordinances.
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Section 2: Should any of the clauses, sentences, paragraphs, sections, or parts of this
Ordinance be deemed invalid, unconstitutional, or unenforceable by a court
of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance.
Section 3: This Ordinance shall become effective immediately upon adoption by City
Council.
lune 8, 2023
PASSED ON FIRST READING
3une 15, 2023
PASSED ON SECOND AND FINAL
READING AND ADOPTED
FDocuSigned by:
V at" at,Un.�Sf
Brian J. Aungst Sr.
Mayor
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Approved as to form: Attest:
DocuSigned by: DocuSigned by:
k ,USS& l Sad ct 04"�'A� Lu.Q.Q. r
Melissa Isabel Rosemarie all
Senior Assistant City Attorney City Clerk
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