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ORDINANCE NO. 9906-26
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA;
AMENDING THE CODE OF ORDINANCES, CHAPTER 28, ARTICLE I,
AMENDING SECTION 28.04 TRADING AND SELLING ON STREETS;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 28 of the Code of Ordinances sets forth provisions related to
streets, sidewalks, and other public places in the City of Clearwater ("City"); and
WHEREAS, Section 28.04 prohibits the trading and selling of goods, wares, or
merchandise on any street, right-of-way, sideway, or park within the City unless
authorized by a Special Event permit; and
WHEREAS, the City, Clearwater Downtown Development Board ("DDB"), and the
Clearwater Community Redevelopment Agency ("CRA") seek to activate the Cleveland
Street District and create opportunities for mobile vendors; and
WHEREAS, in order to create such opportunities, mobile vendors will be permitted
to sell retail goods, wares, or merchandise within the 400 and 500 blocks of Cleveland
Street, subject to certain conditions; and
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 28.04 of the Code of Ordinances of the City of Clearwater is hereby
amended to read as follows:
Sec. 28.04. Trading and selling on streets.
M Except for the sale of ice cream from ice cream trucks on streets in residential
areas, `"'hinh have boon issued a pity bucinocc +w FeGeipt fnr 66,,.h use, and unless
authorized by Article III of Chapter 22 which pertains to special events, it shall be
unlawful for any person to sell, barter, exchange, or offer to sell, barter or exchange
any goods, wares or merchandise of any kind or nature whatsoever in or on or
over any street, right-of-way or public property, sidewalk or park within the city.
This section 28.04 shall not apply to curb service furnished by any regularly
established and licensed place of business in the city, and this section 28.04 shall
not apply to the holding of bazaars or other sales not made or carried on for
personal profit, where such sales are operated in front of or adjacent to a store or
place of business with the consent of the owner or manager thereof. The
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prohibition set out in subsection (1) of this section 28.04 shall not prevent the
operation of an outdoor cafe on the public right(s)-of-way where the outdoor cafe
is permitted under the provisions of section 3-909 of the Community Development
Code.
This section 28.04 shall not apply to the sale of retail goods,wares, or merchandise
by mobile vendors within the 400 and 500 blocks of Cleveland Street. Mobile
vendors must comply with the following conditions:
a. Mobile vendors must obtain a Downtown Mobile Vendor Right-of-Way
Permit prior to operating.
b. Mobile vendors must be mobile, or readily moveable at all times. Mobile
vendors must not be anchored to the ground, have any structures attached
(such as decking or pergolas), or have the axles removed.
c. When not in operation, mobile vendors must leave the site and be stored
off-site. Mobile vendors may not be left unattended.
d. The use of outdoor speakers and amplified music is prohibited.
e. Mobile vendors may only operate during approved days and hours and in
approved locations as specified by the permit.
f. Mobile vendors must maintain ADA compliant pedestrian clearance and not
obstruct sidewalks, fire lanes, hydrants, or access to any building.
g_ Mobile vendors are responsible for cleanliness and waste removal within
their operating area.
h. The city may limit the number of mobile vendors or approved locations due
to capacity and city operational needs.
Coding: Words in strikeout type are deletions from existing text.
Words in underline type are additions.
Section 2: It is the intention of the City Council, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of Clearwater, that the sections of the Ordinance
may be renumbered or relettered to accomplish such intentions; and that
the word "Ordinance" shall be changed to "Section" or other appropriate
word.
Section 3: If any clause, section, or other part or application of this Ordinance shall be
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held in any court of competent jurisdiction to be unconstitutional or invalid,
such unconstitutional or invalid part or application shall be considered as
eliminated and shall not affect the validity of the remaining portions or
applications which shall remain in full force and effect.
Section 4: All ordinances or parts of ordinances, resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 5: This Ordinance shall become effective immediately upon adoption, unless
otherwise provided.
PASSED ON FIRST READING April 23, 2026
PASSED ON SECOND AND FINAL May 7, 2026
READING AND ADOPTED
Signed by:
FPT-22 4F9._.
Bruce Rector
Mayor
DS
Approved as to form: Attest:
Signed by: D Signed by:
(lW u1L U V' r��RYIq Ct/IA G
._. ®• FES•FFE4 _
Owen Kohler Rosemarie Call
Interim City Attorney City Clerk
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