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HomeMy WebLinkAboutItem 15 First Reading of Ordinance for Dog Friendly Restaurants Land Development Code Amendment (LDC); Project No: LS-2018-005 t � Ocoee florida AGENDA ITEM COVER SHEET Meeting Date: May 7, 2019 Item # /J Reviewed By: I Contact Name: Ginger Corless Department Director: Contact Number: Ext. 1028 City Manager: ,/j /' Subject: Public Hearing for Consideration of an Ordinance Amending Chapter 180, Article V of the Land Development Code to add 5-20 to establish a Local Exemption to allow Dogs in Designated Outdoor Areas of Food Service Establishments BACKGROUND SUMMARY: Americans spend nearly $60 million annually on their pets. Many establishments have recognized the buying power of dog owners. For example, throughout the U.S. there is an increase in the number of hotels that allow dogs at their establishments and have added doggie fare to their menus; many noting an uptick of sales by at least 10% (Bringfido.com). Florida was the first State in the Union to enact a law allowing dogs in outdoor dining areas. Following suit, municipalities from across the state are now adopting local ordinances. Section 509.233, Florida Statutes, allows the governing body of a local government to establish by ordinance a local exemption procedure to certain provisions of the Food and Drug Administration Code, as currently adopted by the Division of Hotels and Restaurants, to allow patrons' dogs within designated outdoor portions of food service establishments. Last year, the West Orange Chamber of Commerce began advocating for local jurisdictions to allow dogs to accompany their owners in outdoor cafes and restaurants. The President and CEO of the West Orange Chambers, Stina D'Uva, was quoted in the West Orange Observer, dated April 11, 2018, as saying, "Dogs are becoming more compatible everywhere you go." When this article went to print, the City of Winter Garden and the City of Orlando were the closest jurisdictions to have a "Dog Friendly Dining" ordinance. Since that time, Orange County and the Town of Oakland have both adopted an ordinance stating the conditions in which dogs may accompany their owners at restaurants. The proposed amendment to the City of Ocoee's Land Development Code adds Section 5-20 entitled, Dog Friendly Restaurants, providing the terms, conditions, requirements, and enforcement for a food service establishment to acquire and maintain a permit to allow dogs in designated outdoor areas within the City of Ocoee. According to the Bringfido.com website, there are seven (7) food service establishments in Ocoee that currently allow dogs in their outside dining area. These establishments will need to comply with the new ordinance. If the ordinance passes, Development Services will contact food service establishments alerting them of the new code and informing the restaurants; a permit will be required. ISSUE: Should the Honorable Mayor and City Commissioners recommend approval of an ordinance to amend Chapter 180, Article V, of the City of Ocoee Land Development Code to add a new section 5-20, to establish a local exemption to the Food and Drug Administration's Food Code to allow dogs in designated outdoor areas of food service establishments? DISCUSSION: The following is a summary of the proposed amendment to Chapter 180, Article V, of the City of Ocoee Land Development Code as presently presented in the Ordinance. 1. A food service establishment must possess a valid permit from the City of Ocoee that is issued in accordance with Section B. of the ordinance. Any establishment seeking to allow dogs in outdoor dining areas must complete a detailed application and pay an annual fee of $100.00. The permit is not transferable and must be renewed annually. 2. Section 2.B. of the ordinance provides detail information pertaining to the permit application. 3. Section 2.C. of the ordinance provides the general regulations regarding the following: a. Dogs must be leashed, stay within the designated outdoor dining area and not be allowed on any furniture (seats, tables, etc.). b. Employees must wash their hands after coming in contact with a dog; however, they should never pet a dog while serving food or beverages. c. Waterless hand sanitizer must be on every table and patrons are encouraged to wash their hands before they eat. d. Dogs are not to come in contact with any serving dishes, tableware, or linen. The establishment or the dog owner may use dishes that are specifically designated for dog use. e. Dogs waste is to be removed immediately. A dog waste kit must be within 10 feet of the outdoor dining area. f. The food service establishment must install signs as called for in Section C. (1) of the ordinance. g. The food service establishment must report any incident or complaint to the City of Ocoee's Development Services Department. If there is aggressive behavior, such as a dog bite, such activity must also be reported to the Orange County Animal Services Division as well as the City of Ocoee. 4. The provisions of Section 5-20 may be enforced by code enforcement or law enforcement personnel. Any public food service establishment that fails to comply with the requirements of this Section shall be guilty of violating the City of Ocoee Code and shall be subject to all enforcement proceedings provided in general law and in the City of Ocoee Code, including Chapter 7, Code Enforcement action, Section 1-12, penalties for offenses and Chapter 16, Violations. If a violation is deemed to be a public nuisance or a public safety issue, the City may seek injunctive or declaratory relief or other civil remedy. Remedies may include fines, in accordance with Chapter 16 Fine and Fee schedule, as amended, penalties, and/or a revocation of a Permit and nonrenewal of a Permit. Each day a violation exists it shall constitute a new and separate offense. DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on April 2, 2019, at 3:00 p.m. to discuss the addition of Section 5-20 Dog Friendly Restaurants to the City of Ocoee's Land Development Code. Following their discussion, the DRC unanimously approved the amendment to the Land Development Code. PLANNING AND ZONING RECOMMENDATION: The Planning and Zoning Commission (P&Z) met on April 9, 2019, to discuss the proposed amendment to Chapter 180, Article 5-20 entitled Dogfriendly Restaurant to the City of Ocoee's Land Development Code. When the discussion was finished, the P&Z recommended approval of the transmittal of the amendment to Chapter 180, Article V, adding Section 5-0. Dog Friendly Restaurants. 2 RECOMMENDATIONS: Staff recommends that the Honorable Mayor and City Commissioners approve the amendment to Chapter 180, Article V, of the City of Ocoee Land Development Code to add a new section 5-20, to establish a local exemption, to allow dogs in designated outdoor dining areas of food service establishments. Attachments: Ordinance Financial Impact: None Type of Item: (please mark with an "x") X Public Hearing For Clerk's Dept Use: X Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda, Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A 3 ORDINANCE NO. 2019— AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING CHAPTER 180, ARTICLE V OF THE CITY OF OCOEE LAND DEVELOPMENT CODE TO ADD A NEW SECTION 5-20 TO ESTABLISH A LOCAL EXEMPTION TO THE FOOD AND DRUG ADMINISTRATION'S FOOD CODE TO ALLOW DOGS IN DESIGNATED OUTDOOR AREAS OF FOOD SERVICE ESTABLISHMENTS IN ACCORDANCE WITH SECTION 509.233, FLORIDA STATUTES; PROVIDING CONDITIONS FOR A PERMIT FOR SUCH USE; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, Section 509.233, Florida Statutes, authorizes the governing body of a local government to establish by ordinance a local exemption procedure to certain provision of the Food and Drug Administration Code, as currently adopted by the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments; and WHEREAS, in accordance with Section 509.233, Florida Statutes, any such local exemption procedure adopted shall be codified within the Land development Code of the participating local government; and WHEREAS, Section 509.233, Florida Statutes, mandates that any participating local government's ordinance include a permitting process, specific regulations provided for therein, and a mechanism for state and local cooperation regarding the reporting of complaints and the participating local government's response to such complaints; and WHEREAS, on April 9, 2019, the City of Ocoee Planning and Zoning Commission held a public hearing on proposed amendments to the Land Development Code and recommended that the Ocoee City Commission ("City Commission") approve said amendments; and WHEREAS, the City Commission finds that establishing a local exemption to allow restaurants that provide outdoor seating the choice to obtain a permit to allow their patrons the choice to have their dogs accompany them while dining may be beneficial to both restaurant owners and dog owners; and WHEREAS, this Ordinance has been considered by the City Commission in a public hearing in accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. Amendment to Chapter 180, Article V, City of Ocoee Land Development Code. A new Section 5-20 is added to Article V, Chapter 180, City of Ocoee Land Development Code, to read as follows: Section 5-20. Dog Friendly Restaurants. A. Purpose and intent; a program created; definitions. 1) The purpose and intent of this part is to implement the program established by section 509.223, Florida Statutes, by permitting public food service establishments within the City of Ocoee, Florida, subject to the terms and contained herein, to become exempt from certain portions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the Division, in order to allow patrons' dogs within certain designated outdoor portions of their respective establishments. (2) Pursuant to section 509.233(2), Florida Statutes, there is hereby created in the City of Ocoee, Florida, a local exemption procedure to certain provisions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the Division, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments, which exemption procedure may be known as the City of Ocoee Dog Friendly Dining Program. (3) 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: Department means the City of Ocoee Development Services Department. Division means the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation. Dog means an animal of the subspecies Canis lupus familiaris. Outdoor area means an area adjacent to a public food service establishment that is predominantly or totally free of any physical barrier on all sides and above. Patron has the meaning given to "guest" in section 509.013, Florida Statutes. Permit means a Dog Friendly Dining Program Permit. Public food service establishment has the meaning given it by section 509.013, Florida Statutes. B. Permit required; submittals. (1) In order to protect the health, safety, and general welfare of the public, a public food service establishment is prohibited from having any dog on its premises unless it possesses a valid Permit issued in accordance with this part. (2) Applications for a Permit under this part shall be made to the Department, on a form provided for such purpose by the Department, and shall include, along with any other such information deemed reasonably necessary by the Department in order to implement and enforce the provisions of this part, the following: (a) The name, location, and mailing address of the subject public food service establishment. (b) The name, mailing location, and telephone contact information of the Permit applicant. (c) A notarized written authorization from the owner of the property on which the public food service establishment is located if the applicant is not the owner. (d) A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, restaurant equipment, and dog waste cleaning kit, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of any other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information reasonably required by the Department. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional. (e) A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. (f) All application materials shall contain the appropriate Division-issued license number for the subject public food service establishment. (g) Payment of a nonrefundable annual application fee in the amount of$100.00. C. General regulations; cooperation; enforcement. (1) In order to protect the health, safety, and general welfare of the public, and pursuant to section 509.233, Florida Statutes, all Permits issued pursuant to this part are subject to the following requirements: fa) All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog. Employees shall be prohibited from touching, petting, or otherwise handling any doq while serving food or beverages or handling tableware or before entering other parts of the public food service establishment. (b) Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. (c) Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations; provided, however, that dishes specifically dedicated for use by dogs shall be permitted. (d) Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. (e) Dogs shall not be allowed on chairs, tables, or other furnishings. (f) All table and chair surfaces shall be cleaned and sanitized with an approved product between the seating of patrons. Spilled food and drink shall be removed from the floor or ground between the seating of patrons. (g) Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept within ten (10) feet of the designated outdoor area. (h) At least one sign reminding employees of the applicable rules, including those contained in this part, and those additional rules and regulations, if any, included as further conditions of the Permit by the Department, shall be posted in a conspicuous location frequented by employees within the public food service establishment. The mandatory sign shall be not less than eight and one- half inches in width and 11 inches in height and printed in an easily legible typeface of not less than a 20 point font size. (i) At least one sign reminding patrons of the applicable rules, including those contained in this part, and those additional rules and regulations, if any, included as further conditions of the Permit by the Department, shall be posted in a conspicuous location within the designated outdoor portion of the public food service establishment. The mandatory sign shall be not less than eight and one-half inches in width and 11 inches in height and printed in an easily legible typeface of not less than 20-point font size. (j) At all times while the designated outdoor portion of the public food service establishment is available to patrons and their dogs, at least one sign shall be posted in a conspicuous and public location near the entrance to the designated outdoor portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the public food service establishment is currently available to patrons accompanied by their dog or dogs. This sign must include notice to all patrons advising that dogs who have been classified as "dangerous dogs", as defined by section 767.11, Florida Statutes, or dogs for whom Orange County Animal Services Division has a record of propensity towards aggressive behavior, shall not be permitted within any portion of the public food services establishment. The mandatory sign shall be not less than eight and one-half inches in width and 11 inches in height and printed in an easily legible typeface of not less than 20-point font size. (k) A public food service establishment shall report to Orange County's Animal Services Division and the Department, any and all incidents in which, while on the premises of the public food service establishment, a dog bites, attacks, endangers, and/or inflicts any injury upon any patron or employee of the food service establishment, or inflicts any injury upon any other live animal on the premises of the public food service establishment, whether the live animal is of a domesticated nature or not. (I) Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portion of the public food service establishment shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment. (2) A Permit issued pursuant to this part shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment and shall expire automatically upon such sale or transfer. A subsequent owner shall be required to apply for a Permit pursuant to this part if the subsequent owner wishes to accommodate patrons' dogs. (3) In accordance with section 509.233(5), Florida Statutes, the Department shall accept and document complaints related to the dog friendly dining program within the City of Ocoee, Florida, and shall timely report to the Division all such complaints and the city's enforcement response to such complaint. The Department shall also timely provide the Division with a copy of all approved applications and permits issued pursuant to this part. (4) The provisions of this Section may be enforced by code enforcement or law enforcement personnel. Any public food service establishment that fails to comply with the requirements of this Section shall be guilty of violating the City of Ocoee Code and shall be subject to all enforcement proceedings provided in general law and in the City of Ocoee Code, including Chapter 7, Code Enforcement action, Section 1-12, penalties for offenses and Chapter 16, Violations. If a violation is deemed to be a public nuisance or a public safety issue, the City may seek injunctive or declaratory relief or other civil remedy. Remedies may include fines, in accordance with Chapter 16 Fine and Fee schedule, as amended, penalties, and/or a revocation of a Permit and nonrenewal of a Permit. Each day a violation exists it shall constitute a new and separate offense. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions stated in this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or re-lettered and the word 'ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 2019. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED , 2019 READ FIRST TIME , 2019 READ SECOND TIME AND ADOPTED , 2019 FOR USE AND RELIANCE ONLY BY UNDER AGENDA ITEM NO. THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2019. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney