9689-23 DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
ORDINANCE NO. 9689-23
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE CODE OF ORDINANCES, CHAPTER 22,
PARKS, BEACHES, RECREATION, BY AMENDING ARTICLE II. USE
REGULATIONS AND ARTICLE III. SPECIAL EVENTS, TO CLARIFY,
REVISE, AND MODIFY EXISTING ARTICLES AND SECTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 22, Article II sets forth the rules and use regulations that
govern activities on park property and public beaches in the City of Clearwater ("City");
WHEREAS, Chapter 22, Article III is known as the Special Events Code and
governs the process, procedures, and conditions for special events;
WHEREAS, this Chapter 22 has not been amended or updated since 2014;
WHEREAS, this Ordinance is necessary to clarify, revise, and modify use
regulations for activities on park property and public beaches, and to revise and modify
the Special Events Code;
WHEREAS, the City has determined that these amendments to the Code of
Ordinances promote and support the public health, safety, morals, and welfare of the
City's residents;
WHEREAS, the City has determined 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: Section 22.24 is amended as follows:
Sec. 22.24. Authority to regulate beaches, park property, and the Courtney
Campbell Recreation Area.
(1) The city manager is empowered in the exercise of the city manager's discretion to
regulate the time, place and manner in which the public beaches, park property of
the city, and the Courtney Campbell Recreation Area, or any portion thereof, are to
be used and enjoyed by the public and to authorize the posting of signs regulating
public use. In so doing, the city manager is to give due regard to the safety facilities
available thereat, the preservation of public property, the number of persons who
can be safely protected and safeguarded at the particular location, and the health
and welfare of the public using and wishing to use such facilities. The directions of
the city manager given pursuant to the authority contained in this section are
1
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-OB9338357433
declared to have the effect of law and shall be enforced by the police officers of the
city. See Appendix A for Schedule of Fees, Rates and Charges for the use of Parks
and Recreation facilities.
(2) The hours of operation for each city park, as may be amended from time to time,
are as follows:
Closed from Sunset to Sunrise
ALLEN'S CREEK PARK
-----------------------------------------------------------------------------------------------------------
ALLIGATOR LAKE
ANN CIRCLE PARK
BAY PARK ON SAND KEY
MYRON A. SMITH BAYVIEW PARK
CEDAR GROVES
CHARLES PARK
CHARTER OAKS
-----------------------------------------------------------
COURTNEY CAMPBELL TRAIL
LAKE CHAUTAUQUA PARK
CHAUTAUQUA PARK SOUTH
CHERRY HARRIS PARK
CLEARWATER MUNICIPAL CEMETERY
CLIFF STEPHENS PARK
COOPERS BAYOU PARK -----------------------------------------------------------
COUNTRY HOLLOW PARK
CYPRESS BEND PARK -----------------------------------------------------------
CYPRESS POINT PARK
D.D. DAVIS PARK
DEL ORO PARK TRAIL
DREW PLAZA ----------------------------------------------------------
EDGEWATER DRIVE PARK
ENTERPRISE DOG PARK
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GARDEN AVENUE PARK
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GLEN OAKS PARK
-----------------------------------------------------------
GLENWOOD PARK
HARDING PLAZA
HIBISCUS LAKE
HILLCREST PARK
HOLT AVE. PROPERTY
KAPOK PARK
LAKE HOBART SOUTH
2
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-OB9338357433
LAKE LUCILLE
LAWN BOWLS & SHUFFLEBOARD COMPLEX- PARK AREA ONLY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MAGNOLIA STREET DOCK
MANDALAY PARK
McKAY PLAYFI ELD
NORTH GREENWOOD REC. &AQUATIC COMPLEX PLAYGROUND
NORTHEAST COACHMAN PARK
NORTHWOOD PARK
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OVERBROOK PARK
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PLAZA PARK
PROSPECT LAKE PARK
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
REAM WILSON TRAIL
SALLS LAKE 1 & 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SAND KEY BAYSIDE PARK
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEMINOLE DOCK PARKS
SOULE ROAD PARK
SPRING LAKE PARK
STATE STREET PARK
STATION SQUARE PARK
SUNSET POINT ROAD PLAYFIELD -----------------------------------------------------------
SUNSET SAM PARK AT ISLAND ESTATES
TERRACE LAKE -----------------------------------------------------------
TOWN PLACE PARK
TURNER STREET DOCK
CLOSED FROM 12AM TO 5AM
--------------------------------------------
COACHMAN PARK
CLOSED FROM 9PM TO 6AM
BELMONT PARK
COURTNEY CAMPBELL RECREATION AREA
-----------------------------------------------------------
CREST LAKE PARK
ED WRIGHT PARK
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MORNINGSIDE RECREATION COMPLEX
PIER 60 PARK
ROSS NORTON COMPLEX
WOOD VALLEY RECREATION CENTER
CLOSED FROM 10PM TO 6AM
CLW. BEACH FAMILY AQUATIC & REC. COMPLEX
3
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-OB9338357433
COACHMAN RIDGE PARK
COUNTRYSIDE COMMUNITY PARK
DEL ORO PARK
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FOREST RUN PARK
LONG CENTER
MARYMONT PARK
MARTIN LUTHER KING RECREATION PARK AREA
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MONTCLAIR PARK
NORTH GREENWOOD REC. &AQUATIC COMPLEX
VALENCIA PARK
WOODGATE PARK
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OPEN 24 HOURS PER DAY
CLEARWATER BEACH
CLEARWATER BEACH FAMILY AQUATIC & REC. COMPLEX BOAT RAMP
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
MEMORIAL CAUSEWAY
SEMINOLE DOCKS (BOAT LAUNCHING)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OPEN FOR PERMITTED USE ONLY
CARPENTER FIELD
COOPERS POINT NATURE PARK
COUNTRYSIDE SPORTS COMPLEX
DAVID MARTIN SOCCER FIELDS
E. C. MOORE COMPLEX (1-9) -----------------------------------------------------------
FRANK TACK PARK
HENRY L. MCMULLEN TENNIS COMPLEX
JACK RUSSELL STADIUM -----------------------------------------------------------
JOE DIMAGGIO SPORTS COMPLEX
MISSOURI AVENUE (DOTS
MOCCASIN LAKE NATURE PARK
PHILLIP JONES PARK -----------------------------------------------------------
ROSS NORTON BALLFIELDS
SID LICKTON PARK -----------------------------------------------------------
WALTER C CAMPBELL PARK& BUCCANEER FIELD
CITY OWNED PROPERTY LEASED TO OTHERS
(HOURS OF OPERATION ESTABLISHED BY LESSEE)
BAYCARE BALLPARK
CHI-CHI RODRIGUEZ GOLF COURSE
CLEARWATER GOLF CLUB
4
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-OB9338357433
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
THE LANDINGS GOLF CLUB
KINGS HIGHWAY RECREATION CENTER
LAWN BOWLS & SHUFFLEBOARD COMPLEX
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PERFORMING ART CENTER &THEATER (PACT)
SAILING CENTER
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
0, 1 C I Tom=
I GI GRED FROM CI INSET MITI CI IAIRISC-
4 41 I EN'S CREEK-PARK
2 ALLIGATOR IGATOR I AKE
3 BAY DARK ON SAND LlCV
4 MYRON A SNnITH QAV\(ICU/�K
5 RCI MONT PARK
6 GE-DAR GROVE
7 CHARLES PARA
g CHARTER C),
9 LAKE CHAT ITAI Q IA PARA
40 GHAUTAUQUA PARK SOUTH
44 GH-ERRV 4IARRIC IR RK
4-2- G11FTS-TFE PHEnIS-RARK
4-3 GROPERS RAVnI I PARL!
44 COUNTRY HOI 1 O\A/ PARK
4-5 9VDR�BREMINID—PA K
4& 9VDRES2DnIINIT DARL!
47 D D DAVIS DARL!
49 DEI ORP PARK TRAII
4-9 DREW PLAZA
2-0 CD WRIGHT DADA
24 EDGEW TER DRI v E DARIt
2- ENTERPRISE DOG PADA
- GARDEN AVE"' '-
24
VENIIC24 GLEN OAKS PARI!
27 (_'I CN\A OOD PADA
26 HORDING PLAZA
27- HIBISCUS LAKE
28 HILLGREST PARK
2-9 LAX F= H0RART Snl ITN
30 LAKE I I CII I E
"4 LA1AIJ
IN ROW11cS R. S;H' 'F=F=l F=RnARD COMPI F=X_ PARA AREA Q V
-32 MAGNOLIA STREET DOCK
33 MANDAI AV PARA
-34 MGKAV DI AY-F D
-C Nn r'REEN\A/nOD REC Anl IATIC COMPLEX PLAYGROUND
IND
-316, NORTHEAST COACHnnnnl RARI�
-37- NORTLJWOOD PAPA
w OVERBROOK PARA
-39 PLAZA DARK
40 PROSPECT I nlrC PARD
44- SALLS LA'1-P. -9
5
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
42- Cnnln LIEU BAVCInE Dn
43 SEMINOI E DOCK DARLIC
44 SOI II C ROAD—PAR—LI
45 SIP RIINI(_ LAX PARI!
46 STATE STREET
PARK
47- STATION COI IARC DARLI
49 CI InICCT POINT ROAD DI AVEICI n
49 SUNSET CAnA DARLI AT ISLAND CSTATCC
50 TCRRAGE LAKE
TO1n/nl DI ACE DA RL!
r2 TI IRnICR STREET P'1Or`LI
\/AI FINICIA DARII
7. CLOSED FROM aAA I•nn RUNTIL RAA
•nn A •
z
-54 BAYFRONT TENNIS COMPLEX
CY
-55 COACHMAN DARK
56 COURTNEY(`APnRBCI I RC/"`RCATIOAI ARCA
C57 CREST LAKE-PARK
-58 MEMORIAL PARKS 9 Q 2
-59 nn GRIN InIG CI nC RFEE('RFE,ATIOnI (`Ann Rl 9X
60 PIER 60 PARA
61- ROCS NIORTONI G QN411P L EV
6' 14/00n VALLEY EV REM REATION GEnITER
a CLOSED FRnnA 10•00 PM UNTIL a•nn Ann•
63 GUAI. QEE.A.Gu G�nnlLY AQ IATIC & REQ Qn4121—K
64 I`OAGHMAnl RIDGE PARA
65 (`OI InITRVCInF (`OnnMUM ITV DARLI
66 BEI ORO DARK
SOREST RUNI PARA
68 LONG CENTER
6-9 MARTIN I I ITHER KING DEGREATION DARLI AREA
7-0 MONTC AIR PARK
71- N(l GREENWOOD RC(' Q. Alli IATIC COMPLEX
7-21A// QDGATC DARK
4. OPEN 24 HOURS P€RUDA
7` ('I EnRWATER BEACH
7-4 C EARWATER BEACH FAMILY AQUATIC & REG COMPLEX BOAT-RAMP
7-5MEMORIAL CAUSEWAv
7-6 SEMINOLE DOCKS (BOAT LAUN
G OPEN FOR RCRILAITTCII I ICC Ohll V•
7-7 GARIP FEIN ITCR CI CI n
7-9 GOODCRC POInIT nIATI IRC PARA
7-9 COUNTRYSIDE SPORTS (`OnnDI
80 DAVID MARTIN SOCCED EIEI nC
9' FRANK T CK DARLI
93 jRY L. MGMULLEN TENNIS COMPLEX
94 IOC nlnnnr_r_In rOnnR1 Ell
95 M RvnnONT DARLI
86 MISSOURI AVE4. DOT)
87 MOCCASIN I AKFE nlnTl IRE DnRLI
188 1 PHILLIP PONESDpi
6
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
89 ROSS NORTON RAI I CIEI nc
go SID I ICKTON PARA Q CREPT COI IRN(IVER ('T
CITY OWNED PROPERTIES—LEASED TO OTHERS (Hours of operation established by Lessee-Y.
-94 RRI(_I..ITI..I(ll ICC AIETIA/(1Rll CICI Pl
-92 (`HI_(`HI RQF)RIn-I IC7 (_(11 C r-Ql IRCC
('`I EARIA/ATER !'`!ll IAITRV G I IR
-94 THE LANDINGS !ZC-)' C G I IR
IuARTCR(-)MA �DA.( CENTER
-9%6R t-I ATcv�Ff�vPP ERTY
97 JACK RSI ICwC17=1 CT S
-99 KINGS HIGHWAY RF=CREATlQNl r`CAITCR
99 I AWN ROW1 C X, CHI ICCI CROARD (`QN4PI EY
400 PERFORMING ART GENTFR & THF=ATER4PA4;T-)
404 1 SAILING CENTER
(3) Each city park shall have at least one prominently posted sign that states the hours
of operation for that park.
(4) No person shall enter or remain upon park property at any time during which the
park is closed except by permit issued by the department or unless permission has
been given by the department or city manager.
(5) The city manager or his or her designee may prohibit a party from parking a vehicle
in an area designated for parking or upon any other park property if said party does
not remain on the park property and such parking inhibits or prevents others from
parking at the park facility in order to use the facility as intended.
Section 2: Section 22.28 is amended as follows:
Sec. 22.28. Protection and preservation of property.
(1) Regulation of conduct with respect to protection of park property to prevent
damage, removal or destruction is necessary to preserve park and recreation areas
for the use of future generations.
(2) As all property in all parks is city property, no unauthorized person shall willfully
mark, write on, draw on or otherwise deface, damage or injure in any way, or
displace, remove, destroy or tamper with any park facility or any part of the park
grounds including, but not limited to, building material, water lines or other public
utilities or parts of appurtenances thereof, park signs, notices or other boundary
markers, or other structures, equipment, either real or personal.
(3) No unauthorized person shall transplant or remove from any park area or public
beach any sand whether submerged or not or any soil, rock, stones, trees, shrubs,
plants, seeds, flowers, fruits, nuts, down timber or other wood materials; make any
search or excavation by tool, equipment, blasting or other means or agency;
construct or erect any buildings or structures of whatever kind whether permanent
7
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
or temporary in character; or run or string any public service utility into, upon or
across such lands. Exceptions shall be permitted for minor excavations involving
the recovery of lost artifacts on the public beaches or public parks, provided such
minor excavations are immediately refilled and no safety hazards to the public are
created. Metal dete Gt„rs are allowed by ebtaining a permit from the parks nnA
ronreatinn depaFtMeRt
(4) Preservation of archaeological and historic sites: no person shall excavate, disturb
or remove any historic or prehistoric cultural artifacts, nor any bones, shells, or
geological specimens on land owned or managed by the city, except as part of an
authorized and designated study for scientific, documentation or research
purposes, and only with written permission from the city manager or their designee.
Scientific evaluation excavation of any designated or non-designated
archaeological site may not be conducted without a state permit.
(5) Trees, shrubbery and lawns are property assets of the park. No unauthorized
person shall cut, carve or injure the bark, break off limbs or branches of trees or
mutilate trees in any way or pick the flowers, fruits, seeds or nuts of any tree or
plant. No person shall dig in or otherwise disturb the grass areas or in any other
way injure or impair the natural beauty of usefulness of any area. No person shall
pile debris or material of any kind on or about any tree or plant or attach any item
that could result in damage to any tree or plant, whether temporary or permanent in
character or use.
(6) No person shall tie any animals to any tree or plant.
(7) No person shall stand or sit on any structure not intended for such use in any park.
(8) No person shall use tacks, nails, staples or other items that penetrate wood on
shelters, signs, trees, etc.
(9) No person shall use water from park water fountains, hose bibs and sinks in
restrooms for the purpose of bathing. Bathing is allowed only in shower facilities
within recreation centers and city pools, or outdoor showers at public beaches as
set aside for such purposes, strictly for use by recreation center and pool
participants, or beachgoers. Soap, shampoo, or other cleansers may be used at
indoor shower facilities only. In no event shall soap, shampoo, or other cleansers
be used at outdoor showers, which are for rinsing only.
(10) No person shall tie or attach any item to a tree, plant, ground, or any other object
for any purpose unless authorized by a special event permit.
8
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
Section 3: Section 22.33 is amended as follows:
Sec. 22.33. Bathing and swimming areas and the Courtney Campbell Recreation
Area.
(1) No person, regardless of age, sex or manner of dress shall swim, wade or bathe in
waters or waterways in any park other than at such places set aside for such
activities.
(2) No person shall carry, transport, or cause to be transported any glassware, bottles
or any other potentially dangerous or sharp objects onto any portion of the
Courtney Campbell Recreation Area or onto any public beach, or into any bathing,
wading, or swimming pool areas of a public beach, a park, or the Courtney
Campbell Recreation Area.
(3) No person shall frequent any park waters or public bathing beach for the purpose of
swimming or bathing except between such hours of the day as shall be designated
or posted by the department for such purposes for each individual area.
(4) Persons using public beaches or the Courtney Campbell Recreation Area shall
obey all rules posted by the city manager or his designee and other rules affecting
beach use and water safety which are implemented as the situation dictates.
(5) Illegal drugs and all alcoholic beverages are prohibited on any public beach or on
any portion of the Courtney Campbell Recreation Area.
(6) Surfboards, sailboats, motorboats, personal watercraft, or singular hard-surfaced
objects are not permitted to be beached on any public beach or to be operated in
any area described in section 33.114 (Exhibit hereto and , ai
herein) unless authorized.
(A) Authorized area for skim boards and surf boards on Clearwater Public Beach
are: Eastern boundary coordinates: 27 degrees, 59 minutes, 06 seconds north
latitude, 82 degrees, 49 minutes 44 seconds west longitude at the shoreline to
approximately 153 yards north at 27 degrees, 59 minutes, 11 seconds north
latitude, 82 degrees, 49 minutes, 44 seconds west. The western boundary
coordinates are: 27 degrees, 59 minutes, 11 seconds north to 82 degrees, 49
minutes, 50 seconds west and 27 degrees, 59 minutes, 06 seconds north and
82 degrees, 49 minutes, 50 seconds west longitude. This is an approximate
153 yard by 330 yard area extending from the mean high water line of
Clearwater Public Beach westward into the Gulf of Mexico 330 yards, not to
exceed the above coordinates.
(7) Open fires, grills, or other cooking or heating devices are not permitted on any
public beach or the Courtney Campbell Recreation Area.
9
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
(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 manager or his designee, use of such areas is considered
dangerous due to weather, surf or other conditions.
(9) Persons using public bathing beaches or other parks must be appropriately
dressed for each activity. It shall be unlawful for any person to appear nude in
public as defined in section 21.13 of this Code, as may be amended from time to
time.
(10) No person shall enter upon any erosion control structure, including breakwater,
jetties, or groin except as authorized.
(11) No unauthorized person shall enter or occupy or use in any manner any lifeguard
stand or station, or other lifesaving equipment at any time.
(12) No persons or pets shall wash or be washed, with soap or other cleaners, in any
swimming area or any other public waters, including but not limited to beaches,
storm water, lakes or streams.
(13)Vessel trailers shall not be permitted in the parking areas designated for the
Courtney Campbell Recreation Area or Sand Key Bayside Park. Vessels cannot be
launched from the Courtney Campbell Recreation Area or Sand Key Bayside Park,
unless issued a permit by the city.
Section 4: Section 22.35 is amended as follows:
Sec. 22.35. Fishing.
(1) Fishing will be in accordance with the State Fish and Wildlife Conservation
Commission and the State Department of Environmental Protection rules and
regulations.
(2) Commercial fishing or the buying or selling of fish caught in any park waters is
strictly forbidden.
(3) The use of trotlines for fishing in park waters is forbidden and the use of cast nets
for fishing in fresh water in parks is forbidden.
(4) Fishing is permitted in all parks except those designated with signage not allowing
fishing.
(5) Unwanted fish and fishing bait must be properly disposed of in trash receptacles
and not left on piers, beach shoreline, catwalks or roads.
10
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
(6) No person shall at any time fish from public beaches in any designated swim area.
asseeiated therewith w 0thin the area deserihed in seetien 33.114.
Section 5: Section 22.36 is amended as follows:
Sec. 22.36. Picnic areas.
(1) No person shall build, light or cause to be lighted any fire except in an approved
grill, stove, fireplace or other suitable container provided by the city for such
purposes in a park_ , evsept that grills and similar eut_of_deers reeking deViees
No person who has
a fire shall leave the area without extinguishing the fire.
blemish any beneh, table, OF E)theF objeet leeated On a pa* OF en the Courtney
Campbell Reereatien Area
2L¢3-) Department personnel will regulate activities in picnic areas when necessary to
prevent congestion and to secure the maximum use for the comfort and
convenience of all. If the facilities are crowded, persons holding picnics in any
picnic area, building or structure shall not use the same to the exclusion of others
for an unreasonable time. Where the picnic facilities are fully occupied, use of any
picnic site more than three hours shall be unreasonable. Use of the individual
tables and benches follows generally the rule of first come, first served.
Section 6: Section 22.37 is amended as follows:
Sec. 22.37. Use of restrooms and other park structures.
(1) Ale n n ever the age of sox shall en n�i er end estreem dFessing reem
�--rr�pe�S6rrvPcr 1agc-vrvr.�riurrvcC�IFy-�rrcrrce�-a-1��"�.s , smg�vvrrr,
pavilion er ether nark strUGt ire thereef which is reserved er designated by the
depar}mentf{3.the exel-m-Ove i lse of the ennesitee sex.
{� No person other than a person using a restroom or dressing room shall stand or
remain in and around such restroom or dressing room.
Section 7: Section 22.38 is amended as follows:
Sec. 22.38. Camping.
(1) No person shall set up tents, shacks or any other temporary shelters, or any special
vehicle to be used or that eo old he used for such purpose, such as a house trailer,
11
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
camp trailer, camp wagon or the like on any public beach, Courtney Campbell
Recreation Area, or park property for the purpose of camping, except within such
areas as may have been provided for such use as authorized by a special event
permit.
(2) All persons using the approved and properly designed camping areas shall abide
by such regulations as are drawn up by the department for the proper use thereof.
Section 8: Section 22.39 is amended as follows:
Sec. 22.39. Hunting and weapons.
(1) No unauthorized person shall openly carry, use or possess a weapon from which a
projectile is propelled by the action of compressed air, the expansion of gas or a
spring, or other mechanical means, bows and arrows, gel guns, slingshots,
boomerangs, or any other form of weapon potentially dangerous to wildlife or
human safety on any public beach or park area except at and in accordance with
the rules and regulations as a participant in a program sponsored by the
department or as authorized by federal or state law.
(2) No unauthorized person shall hunt, trap, or pursue wildlife by any means or method
whatsoever on any public beach or park area.
(3) This section is not intended to regulate the carrying, use, or possession of firearms,
which are regulated by F.S. Ch. 790.
Section 9: Section 22.40 is amended as follows:
Sec. 22.40. Domestic animals.
(1) Dogs and other pets shall be excluded from any place where food and drinks are
consumed indoors or where posted.
(2) Dogs shall at all times be restrained and on adequate leashes when the dog is 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 or on the Courtney Campbell Recreation Area.
(3) 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.
(4) 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 or
12
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
owner's authorized handler, be under vocal control and not cause a public
nuisance, safety hazard, , r harass wildlife or aggressive to others.
(5) All pets shall be excluded from all public beaches, public pools, public splash pads
and swimming areas abutting public beaches and parks.
(6) In the case of dog 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 dog or other pet shall remove all feces
deposited by such animal and dispose of same in a sanitary manner.
(7) Notwithstanding restrictions described in this section, animals engaged in training
to provide assistance to an individual with a disability, or animals individually trained
to provide assistance to an individual with a disability shall be permitted in all public
areas and public facilities. The accommodation of service animals as provided for
herein shall at all times be in accordance with the Americans with Disabilities Act of
1990 (ADA), 42 USCA § 12101 et. seq., and Florida Statute 413.083, (2012),
formerly 413.08 (2011).
Section 10: Section 22.41 is amended as follows:
Sec. 22.41. Horseback riding.
No person shall engage in horseback riding in any park.,or- recreation area, public
bathing beach, or Courtney Campbell Recreation Area, other than those where
provision for such is made by clearly marked bridle paths, trails, rings, and other
necessary features and then only upon thoroughly broken and properly restrained
animals that are ridden with care, prevented from grazing and straying unattended,
untethered to any rock, tree or shrub, and not ridden or led on any park land other than
so designated.
Section 11: Section 22.45 is amended as follows:
Sec. 22.45. Motorcycles and mopeds.
No person shall ride, drive or propel any motorcycle, 6G99t8F moped or similar
vehicle on any but the regular vehicular roads.
13
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
Section 12: Section 22.47 is amended as follows:
Sec. 22.47. Aircraft.
(1) No person operating, directing, or responsible for any airplane, helicopter, drone,
glider, balloon, dirigible, parachute or other aerial apparatus shall take off from or
land in or on any park land, water, or public beach area except when human life is
endangered or written authorization is granted.
(2) No person operating any aircraft shall engage in acrobatic flight over park property.
(3) No person shall take off, land or otherwise operate any aircraft in or over any public
beach or in any area described in section 33.114.
Section 13: Section 22.48 is amended as follows:
Sec. 22.48. Servicing, washing of vehicles or vessels.
No person shall change any parts, repair, wash, grease or perform other
maintenance on a vehicle or vessel on any park property except in emergencies.
Section 14: Section 22.55 is amended as follows:
Sec. 22.55. Special events. ,public assemblies.
(1) Sports events, pageants, entertainments, and similar productions characterized as
public spectator attractions are allowed on public beaches, on the Courtney
Campbell Causeway Recreation Area, and in parks provided authorization is given
in compliance with article III of this chapter.
(2) PubliG meetings, assemblies, gatherings, deMeRstratiens, parades and ether public-a
expressions of views are allowed within paFk -F-Y'ded authOlFizatien is given
in GGMpIianr e �Nnth ortinlo III of this nhapter.
04 Any and all rental fees and insurance requirements if required for activities under
this section must be met.
(4) No public address system or electrical amplification will be permitted on public
beaches, on the Courtney Campbell Causeway Recreation Area, or in park areas in
violation of section 3-1508 - Noise of the community development code. eXG
opo-sial permit
14
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
Section 15: Section 22.59 is amended as follows:
Sec. 22.59. Possession of alcoholic beverages.
No person shall sell, consume orop ssess have OR
his r. ^c c inn any alcoholic
beverage as defined in section 6.21 of any form on any park property, except as
permitted by an alcoholic beverage special event permit as provided for in this chapter.
This prohibition shall not apply to the P^Ff^rminry Or+c GeRt r n�heatertethe
parties,
eF te jaGk Russell Stadium, the Clearwater GG6lRtFY Club gelf GeUrse, The LandiRgs Gelf
Cluhn+ I..Innc, rvcrse Net e� Field,, acrd to the feRe `ca on area at the Clear-wat^i.rr
/ eFFImi,nity Sailing GeRteF when the sale or consumption of alcoholic beverages has
been authorized by the terms of any lease or other agreement approved by the gj . Gity
Section 16: Section 22.89 is amended as follows:
Sec. 22.89. Application for alcoholic AlGehefiG beverage special event permit_.
ni+v property or sponsorship
(1) Sale or ager consumption of alcoholic beverages at a special event located on
property owned by the city where the ni+„ is a onnr,onr OF nn_onnnonr of the ev^r,+
or at a special event taking place at outdoor events on public right-of-way or and
public park property in the downtown area of Clearwater, may be authorized by
issuance of an alcoholic beverage special event permit. For purposes of this article,
the downtown area of Clearwater is the area between Drew Street and Pierce
Street North and South and between Myrtle Avenue and the waterfront.
(2) A person seeking approval for such sale or ae consumption activity shall file a
separate application with the city manager, or designee, on forms provided by the
city.
(3) The application shall be filed not less than 30 4-5 days prior to the proposed special
event. In extenuating circumstances, the city manager may waive this 30-day rule.
(4) The application for an alcoholic beverage special event permit shall include, in
addition to aRy infnrmo+invi whish is roe,iiFe the requirements under section 22.82,
the following information:
(a) Diagram depicting areas within the event venue within which alcoholic
beverage sales are to occur.
(b) Documentation of state alcoholic beverage licensing.
15
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
(c) Diagram depicting areas within the event venue within which alcoholic
beverage possession and consumption is to be permitted, in aE;E;,,FdaRnn with
seetien 22.90(5), Of .
Section 17: Section 22.90 is amended as follows:
Sec. 22.90. Conditions; alcoholic beverage special event permit.
Permits issued pursuant to section 22.59 for sale or aadier consumption of
alcoholic beverages at a special event shall be subject to the following conditions in
addition to those contained in section 22.83:
(I) Ne appliGaRt shall be issued Fnare than three PeFfflitS PeF year PUFSuant to F.S.
§ 561.422, and an additional 15 tefnpE)Fary peffnits PLIFSuant to Chapter 2012
244, Laws of Fla., and no p rrmitted-eveTn may exee'ed th ee days;ITdUFation.
/ II be issued only to nonnrefit OlFganizationo
Ljj{3-) The applicant must provide, in addition to insurance required under
section 22.82(3), 22-221(gMT, general liability and other insurance as required by
the provisions of Florida Statutes for the sale and/or consumption of alcoholic
beverages. +
(4) Onhbeer, asZdee-fin-red On F.S�tJ3.0'I and ,e,ino asdetin `ca�rrS § 564.04r
shall be sep,ied eXGept as provided fnr below,
fQ(5-) The sale or consumption and pessessien of alcoholic beverages as
defined in section 6.21 may be permitted in accordance with an alcoholic
beverage special event permit in areas specifically depicted within an event
venue diagram as required by section 22.89(4)_ (G). Under ne ^ir^"mstan„o
shall ., beveFages be
d.
(6) The proposed sales or and/e consumption activity will not unreasonably
interfere with or detract from the promotion of public health, welfare, safety and
recreation.
(7) The proposed sales or aadie consumption activity will not entail
extraordinary or burdensome expense or police operation by the city.
{8-) The use of alcoholic beverages is not expected to result in violence, crime
or disorderly conduct.
(9) The person responsible for conducting the event on behalf of the applicant
meets state minimum age licensing requirements and has not been convicted
of a felony or crime involving moral turpitude.
16
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
The applicant applioatien has obtained all necessary federal, state and
local licenses and permits, including but not limited to those required by
chapter 561, F.S., to engage in the proposed sales of alcoholic beverages.
andeF nnnsumptien aGtiyit y
41-) Hours of operation for the sales and/or consumption activity shall comply
with the provisions of section 6.29{x}.
n 42-) Alcoholic beverages shall be served in containers meeting industry
standards for such events, and must be approved for each event by the special
events committee. Alcoholic beverage containers shall be so designed and
constructed that law enforcement officers may ascertain their contents upon
visual inspection, and shall not include sport drink bottles, ceramic or glass
mugs, closed containers, glass bottles, or similar containers. The applicant
shall provide for proper disposal of litter resulting from the activity. Other
containers, such as metal cans may be disallowed for safety reasons by order
of the chief of police.
LI0�{ The applicant shall comply with all ordinances associated with permitting
of events upon public property.
11 44)The sale and consumption of alcoholic beverages shall be confined to
designated and secured areas within the event venue or shall be confined
within a secured perimeter for the entire event.
seGtme Itl7he Fe sales OF nE)nsumptien io not peffnitted
LI2�4&)The applicant shall pay all additional costs of police and other city services
attributable to the sale or consumption of alcoholic beverages during the
activity.
Coding: Words in strikeout type are deletions from existing text.
Words in underline type are additions.
Section 18: 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 19: This Ordinance shall become effective immediately upon adoption by City
Council.
17
DocuSign Envelope ID:5774F62F-885F-4D38-9EA7-069338357433
June 8, 2023
PASSED ON FIRST READING
June 15, 2023
PASSED ON SECOND AND FINAL
READING AND ADOPTED
EDocuSigned by:
a"st
Brian J. Aungst Sr.
Mayor
DS
Approved as to form: Attest:
)1�p
LDocuSigned by: DocuSigned by:
L:&FEBFFE4eF
u t 6I�,(,c,v� � Lau
Owen Kohler Rosemarie Call
Lead Assistant City Attorney City Clerk
18