HomeMy WebLinkAboutItem 14 Second Reading of Ordinance Amending Chapter 180, Article V of the LDC to Add Section 5-20 Establishing a Local Exemption to Allow Dogs in Designated Areas of Public Food Service Establishments and Adoption of a Resolution t J
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ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: June 4, 2019
Item #
Reviewed By:
Contact Name: Ginger Corless Department Director:
Contact Number: Ext. 1028 City Manager:
Subject Second Reading of an Ordinance amending Chapter 80, Article V of the Land
Development Code to add Section 5-20 to establish a Local Exemption to allow Dogs in
Designated Outdoor Areas of Public Food Service Establishments and Adoption of a
Resolution Amending Exhibit A-Fine and Fee Schedule
The First reading of this ordinance was held on May 7, 2019.
BACKGROUND SUMMARY:
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 Food Code, as currently adopted by the Division of
Hotels and Restaurants, to allow patrons' dogs within designated outdoor portions of public food service
establishments. Public food service establishments are defined as anywhere food is prepared, served and/or
sold to the general public for immediate consumption on or in the vicinity of the premises.
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, discussed this advocacy in an interview in the West Orange Observer, dated April 11,
2018. 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.
ISSUE:
Should the Honorable Mayor and City Commissioners adopt 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 public food service
establishments; and, if so, will they adopt a resolution to amend Exhibit A— Fine and Fee Schedule?
DISCUSSION:
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 public food service
establishment to acquire and maintain a permit to allow dogs in designated outdoor areas within the City of
Ocoee.
The following is a summary of the proposed amendment to Chapter 180, Article V, of the City of Ocoee Land
Development Code.
1. A public 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 public food service 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 detailed information pertaining to the permit application.
3. Section 2.0 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 public food service establishment must install signs as called for in Section C (1) of the
ordinance.
g. The public 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 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.
If the proposed amendment is adopted by the City Commission, the City Commission will consider amending
Exhibit A - Fine and Fee Schedule to include the fines and/or penalties for Dog Friendly Restaurants.
If the Ordinance and Resolution are adopted, staff will send notifications to existing public food service
establishments, informing them about the Dog Friendly Restaurants program and the regulations a public food
service establishment must follow if they elect to allow dogs to accompany their owners at their establishment.
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 Chapter 180, Article V of the City'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 V, Section 5-20 entitled Dog Friendly Restaurants to the City of Ocoee's Land
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Development Code. When the discussion was finished, the P&Z recommended approval of the amendment to
Chapter 180, Article V, adding Section 5-20. Dog Friendly Restaurants.
STAFF 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 public food service establishments; and adopt a
resolution to amend Exhibit A — Fine and Fee Schedule to include the fines and/or penalties related to Dog
Friendly Restaurants.
Attachments:
Ordinance
Resolution
Financial Impact:
None
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading X Public Hearing
X 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
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EXHIBIT A
CITY OF OCOEE ORDINANCE VIOLATION FINE AND FEE SCHEUDLE
Ordinance Fine/Fee
Chapter 48-Boats and Boating, Article III, Bow fishing $100.00
Chapter 61 -Cemeteries
First Offense $50.00
Second and Subsequent Offence $100.00
(second and subsequent offense within 12 months of date of last
offense)
Chapter 75-Nuisance False Alarm Response Fee $100.00
Fourth and Subsequence Offense
(fourth and subsequent false alarms within a six-month period,
calculated from the date of the first false alarm)
Chapter 113-Noise-Loud, Unnecessary or Disturbing
First Offense $50.00
Second and Subsequent Offense $100.00
(second and subsequent offense within 12 months of date of last
offense)
Chapter 124- Parks, Recreation, and Other Community Facilities
First Offense $50.00
Second and Subsequent Offense $100.00
(second and subsequent offense within 12 months of date of last
offense)
Chapter 153-4C-Streets and Sidewalks, prohibitions (human $100.00
signage)
Chapter 153-Streets and Sidewalks, Article Ill, Golf Carts on $100.00
Public Streets
Chapter 164-Registration, Maintenance, and Security of
Abandoned Real Property
Registration $200.00
Failure to Register $500.00
Chapter 168-Vehicle and Traffic $40.00
Parking $250.00
No Disabled/Handicap Sticker/Placard Permit
Chapter 180, Article V,Section 5-20- Dog Friendly Restaurants
No Permit
First Offense
Second Offense Written Warning
Third and Subsequent Offenses $250.00
$500.00 (per offense)
After Permit is Acquired - Failure to follow general requirements
stated in Section 5-20 (Fines are assessed per offense; an offense
is committed for each requirement not met)
First Offense
Second Offense $50.00 (per offense)
Third Offense $100.00 (per offense)
Permit Revocation
Administrative Fee (including filing fee) $50.00
COPY OF ADVERTISEMENT
Date Published and Media Name
8 WEST ORANGE TIMES$t OBSERVER 1 THURSDAY,MAY 9,2019
Advertisement or Article
ocoee
CITY OF OCOE
NOTICE OF PUBLIC HEARING TO CONSIDER�
AN AMENDMENITO-.
THE CITY CODE OF ORDINANCES.
. d
T ,� ALLOW DOGS IN DESIGNATED OUTDOOR
A RAS OF FOOD SERVICE ESTABLISHMENTS
° - IN ACCORDANCE WITH
SECTION 509.233, FLORIDA STATUTES
NOTICE IS.HEREBY given that the OCOEE CITY COMA/115510N.will consider adopting a
Comprehensive Plan Amendment to the City Code of Ordinances pertaining to allowing'dogs in
designated outdoor areas of food establishments.
The OCOEE CITYY,COMMISSION.Mill hold a public hearing on the proposed Large Scale
Amendment on TUESI Y,MAY 21,2019,AT 615 PM or as soon thereafter as practical. The
public hearing will be held In the City Hall Commission Chambers located at 150 North Lakeshore •
Drive,Ocoee.
AN ORDINANCE()FINE CITY OF OCOEE,FLORIDA,AMENDING CHAPTER'180,ARTICLE
V OF THE CITY OF OCOEE LAND DEVELOPMENT CODE TO ADD A NEW SECTION S-20
ya 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 NFORCEMENT; OVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY)
PROVIDING FOR CODIFICATION,PROVIDING FOR AN EFFECTIVE DATE.
Interested parties may appear at the public hearing and be heard with respect to the proposed
actions above.The complete casefile may be inspected at the Ocoee Development Services
Department/Planning Division located at 150 North Lakeshore Drive,Ocoee,Florida between
the hours of 8:00 am:and 5:00 p.m.,Monday through Friday,eXcept legal holidays:The City
Coinnilssion may continue this pu lic hearing to other dates and times,as it deems'necessary.
Any interest.., ,shall be;aavlsed of the dates,times,and places of any continuation of these
or continued ''`10.,6-iIr1Rshallie'announced during the hearing and no further notices
regarding these Matters will be published.You are advised that any person who desires to appeal
any d ,isfon made-at the thelpublic hearings will need a record of the proceedings and for this
purpose may need to ensure that a verbatim record of the proceedings Is Made which Includes
the testimony and evidence upon which the appeal is based. Persons with disabilities needing
--
aSs)starkcn to particip to in eny of Oleg.PrPMdingsw 1ouid,cgntaft the City ti ,4
`4 hours in advance of the meeting at 407-905-3105. ^v4,,',,,l' f,viiiI;ex„,,rkr t.1 it,
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 FOOD CODE TO ALLOW
DOGS IN DESIGNATED OUTDOOR AREAS OF PUBLIC FOOD
SERVICE ESTABLISHMENTS IN ACCORDANCE WITH
SECTION 509.233, FLORIDA STATUTES; PROVIDING
CONDITIONS FOR A PERMIT FOR SUCH USE; PROVIDING
FOR ENFORCEMENT; PROVIDING FOR PENALTIES;
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 Food 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 509.233, 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' doqs, 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 anv 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.
jfl 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 doqs, 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 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.
(k) A public food service establishment shall report to Orange County 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 public
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 City shall accept,
through the Police Department or Code Enforcement Division, and the Department
shall 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 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
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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.
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk
(SEAL) Rusty Johnson, Mayor
FOR USE AND RELIANCE ONLY BY ADVERTISED , 2019
THE CITY OF OCOEE, FLORIDA; READ FIRST TIME May 7, 2019
APPROVED AS TO FORM AND READ SECOND TIME AND ADOPTED
LEGALITY THIS DAY OF , , 2019
2019. UNDER AGENDA ITEM NO.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
RESOLUTION NO. 2019-
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
AMENDING THE FINE AND FEE SCHEDULE AS
AUTHORIZED BY ORDINANCE NO. 2019- , TO
INCLUDE A FINE AND FEE FOR VIOLATIONS OF
SECTION 5-20 OF THE CITY OF OCOEE LAND
DEVELOPMENT CODE (DOG FRIENDLY
RESTAURANTS); PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 1, 2018, the City Commission of the City of Ocoee, Florida (the
"City Commission") adopted Ordinance No. 2018-018, amending Chapter 16, relating to
violations, to allow for enforcement by a Violations Hearing Special Magistrate; and
WHEREAS, on May 1, 2018, the City Commission adopted Resolution No. 2018-010 to
include a schedule of fines and fees for violations enforced per Ordinance No. 2018-018; and
WHEREAS, on June 4, 2019, the City Commission adopted Ordinance No. 2019- to
allow dogs in designated outdoor dining areas of public food establishments in accordance with
the regulations stated in Section 509.233, Florida Statutes, and Section 5-20, City of Ocoee Land
Development Code; and
WHEREAS, Section 5-20 of the City of Ocoee Land Development Code, authorizes
enforcement of said ordinance, including enforcement pursuant to Chapter 16 of the Code of
Ordinances of the City of Ocoee ("City Code"); and
WHEREAS, the City Commission intends to amend Resolution No. 2018-010 to
provide for a fine and fee schedule for violations of Section 5-20 of the City of Ocoee Land
Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA,AS FOLLOWS:
SECTION ONE. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Resolution pursuant Article VIII of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
SECTION TWO. Exhibit A. The City Commission of the City of Ocoee, Florida,
hereby adopts the schedule of fines and fees, as amended, for violations of certain provisions of
the code of ordinances as provided in EXHIBIT A, attached hereto and by this reference made a
part hereof.
SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Resolution 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 FOUR. Effective Date. This Resolution 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)
APPROVED BY THE OCOEE CITY
COMMISSION ON ,2019
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,APPROVED
AS TO FORM AND LEGALITY
THIS DAY OF ,2019
SHUFFIELD, LOWMAN &WILSON
By:
City Attorney