HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 01_5/10/2021Local Planning Agency
STAFF MEMO
Meeting:
Staff Contact:
Local Planning Agency - May 10 2021
Nilsa Zacarias, Director of Department: Community Development
Community Development
ORDINANCE NO. 09-21: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78.
ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 1. GENERALLY. TO CREATE
AN ENTIRELY NEW SECTION 78-308. ENTITLED "DOG -FRIENDLY DINING." IN ORDER TO
ALLOW AND REGULATE DOGS WITHIN CERTAIN OUTDOOR PORTIONS OF PUBLIC FOOD
SERVICE ESTABLISHMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
SECTION OF CHAPTER 78. ZONING. ARTICLE IX. DIVISION 1. SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
ORDINANCE NO. 09-21
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA,
AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE
IX. SUPPLEMENTAL REGULATIONS. DIVISION 1. GENERALLY. TO CREATE AN
ENTIRELY NEW SECTION 78-308. ENTITLED "DOG -FRIENDLY DINING." IN ORDER TO
ALLOW AND REGULATE DOGS WITHIN CERTAIN OUTDOOR PORTIONS OF PUBLIC
FOOD SERVICE ESTABLISHMENTS; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUB -SECTION OF CHAPTER 78. ZONING. ARTICLE IX. DIVISION 1. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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Ord. No 09-21 Dog -Friendly Dining
ORDINANCE NO. 09-21
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX.
SUPPLEMENTAL REGULATIONS. DIVISION 1. GENERALLY. TO
CREATE AN ENTIRELY NEW SECTION 78-308. ENTITLED "DOG -
FRIENDLY DINING." IN ORDER TO ALLOW AND REGULATE DOGS
WITHIN CERTAIN OUTDOOR PORTIONS OF PUBLIC FOOD
SERVICE ESTABLISHMENTS; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUB -SECTION OF CHAPTER 78. ZONING.
ARTICLE IX. DIVISION 1. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta, Florida (the "Village") is a duly constituted
municipality having zoning and land use regulatory authority as conferred upon it by the Florida
Constitution and Chapters 163 and 166, Florida Statutes; and
WHEREAS, Rule 6-501.115 of the United States Food and Drug Administration Food Code
(2017) as adopted and incorporated by the Florida Department of Business and Professional
Regulation's Division of Hotels and Restaurants, generally prohibits live animals within public food
establishments; and
WHEREAS, Section 509.032(7), Florida Statutes generally preempts the regulation of
public food service establishments to the state; and
WHEREAS, notwithstanding the general prohibition and preemption as described above,
Section 509.233, Florida Statutes expressly grants the governing body of a local government the
ability to establish by ordinance a local exemption procedure to allow patrons' dogs within certain
designated outdoor portions of public food service establishments; and
WHEREAS, bringing dogs as pets to outdoor portions of restaurants and other dining
establishments has become a popular use and activity across the state of Florida; and
WHEREAS, the Village Council of the Village of Tequesta desires to establish a permitting
process consistent with state law allowing dogs within certain outdoor portions of public food
service establishments within the Village; and
WHEREAS, the Village of Tequesta has held all required public hearings and has provided
public notice in accordance with applicable State statutes and Village ordinances; and
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WHEREAS, the Village Council of the Village of Tequesta has determined that the
proposed revisions to Chapter 78, Village Code are in the best interests of the health, safety, and
general welfare of the Village and are consistent with the state law requirements contained in Sec.
509.233, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is
hereby amended at Article IX. Supplemental Regulations. Division 1. Generally. to create an
entirely new Section 78-308. entitled "Dog -Friendly Dining." in order to allow and regulate dogs
within certain outdoor portions of public food service establishments; providing that Section 78-
308 shall hereafter read as follows:
Sec. 78-308. — Dog -Friendly Dining.
UaPuWose. Section 509.233, Florida Statutes, grants the village the authority to provide a
local exemption procedure to certain provisions of the Food and Drug Administration
Food Code, as currently adopted by the Florida Department of Business and Professional
Regulation's Division of Hotels and Restaurants, in order to allow patrons' dogs within
certain designated outdoor portions of public food service establishments. The purpose of
this section is to allow patron's dogs within certain outdoor portions of public food
service establishments under this local exemption authority.
Limitations on Exemption.
U This exemption shall only provide a variance to those portions of the currently
adopted United States Food and Drug Administration Food Code in order to allow
patrons' dogs within certain designated outdoor portions of public food service
establishments.
Any dog that has been classified as an aggressive, dangerous, or vicious doh as
contained in the Palm Beach County Animal Care and Control Ordinance shall
not be permitted within any portion of a public food service establishment.
UcDefinitions.
U Division means the Division of Hotels and Restaurants of the State of Florida
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Department of Business and Professional Regulation.
Dog means an animal fully of the subspecies Canis lupus familiaris.
W Employee(s) means any person(s) employed by, or acting on behalf of, the public
food service establishment.
Outdoor dining area means an area adiacent to a public food service
establishment that is Predominantly free of physical barriers on at least three (3)
sides but may be covered from above.
Patron has the meaning given to "guest" by F.S. § 509.013.
Publicofood service establishment has the meaning given to it by F.S. § 509.013.
Ld) Permit Required. No dog shall be allowed in a public food service establishment unless
allowed by state law or unless the public food service establishment has received and
maintains an unexpired permit issued by the village pursuant to this section. Dogs shall
only be authorized in a designated outdoor dining area. It shall be unlawful to fail to
comply with any of the requirements of this section.
UePermit Application Requirements. Participating public food service establishments must
gply for and receive a Permit from the village before Patrons' dogs are allowed on the
premises. The village shall establish a reasonable fee to cover the cost of processing the
initial application, which shall be set by resolution of the Villatie Council. The permit
application shall require such information from the applicant as is deemed reasonably
necessary to enforce the provisions of this section and shall require, at a minimum, all of
the following information:
W Name, location, and mailing address of the public food service establishment.
Q Name, mailing address, and telephone contact information of the Permit applicant.
Name, mailing address, and telephone contact information of the owner of the
public food service establishment shall be provided if the owner is not the permit
applicant.
W A diagram and description of the outdoor area which is requested to be designated
as available to patrons' dogs, including dimensions of the designated area; a
depiction of the number and placement of tables, chairs, and restaurant
equipment, if any, the entryways and exits to the designated outdoor area; the
boundaries of the designated area and of the other outdoor dining areas not
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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 as is deemed necessary by the village. The diagram or plan
shall be accurate and to scale but need not be prepared by a licensed design
professional. A copy of the approved diagram shall be attached to the permit.
W A description of the days of the week and hours of operation that patrons' dogs
will be permitted in the designated outdoor area.
W A written certification of commercial general liability insurance and an instrument
in which the applicant and the property owner (if not the applicant) agree to
indemnify and hold harmless the village and its officers, and employees against
liability, including court costs and reasonable attorneys' fees, through all appellate
proceedings, for any and all claims for damage to nrouerty, or injury to, or death
of, persons arising out of or resulting from the issuance of the permit.
(W The appropriate Division -issued license number for the subject public food
service establishment.
f Regulations. Public food service establishments that receive a permit for a designated
outdoor area pursuant to this section are also subject to the following regulations:
LI) All public food service establishment employees shall wash their hands promptly
after touching, petting, or otherwise handling dogs. Employees shall be prohibited
from touching, petting, or otherwise handling dogs while serving food or
beverages or handling tableware or before entering other parts of the public food
service establishment.
Q 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.
W 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.
W Patrons shall keep their doffs on a leash at all times and shall keep their dogs
under reasonable control. Patrons shall not leave their dogs unattended for any
period of time.
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Dogs shall not be allowed on chairs, tables, or other furnishings. Dogs must
remain on the floor or round level and shall not be permitted in the lap of the
ir)atron.
All table and chair surfaces shall be cleaned and sanitized with a United States
Food and Drug Administration Food Code -approved product between seating of
1)atrons. Employees shall remove all dropped food and spilled drink from the floor
or ground as soon as possible but in no event less frequently than between seating
of patrons at the nearest table.
U Accidents involving dog waste shall be cleaned immediately and the area
sanitized with a United States Food and Drug Administration Food Code -
approved product. Employees shall keep a kit with the appropriate materials for
this purpose in the designated outdoor area.
A sign or suns informing eWplo
= ===yees of these regulations shall be hosted on the
premises in a conspicuous manner that places the employees on notice.
A sign or signs notifying patrons of that the designated outdoor area is available
for the use of patrons' dogs and informing patrons of these requirements shall be
posted in a conspicuous manner that places the public on notice.
1 o Employees and patrons shall not permit dogs to be in, or to travel through indoor
or nondesinated outdoor portions of the public food service establishment, and
ingress and egress to the designated outdoor portions of the public food service
establishment must not require entrance into or passage through any indoor area
of the food establishment.
11 Employees and patrons shall not allow any dog to be in the designated outdoor
areas of the public food service establishment if the public food service
establishment is in violation of any of the requirements of this section, or if they
do not possess a valid permit.
12 Permits required by this section shall be conspicuously displayed in the
designated outdoor area.
W Permit expiration and renewal.
Ul A permit issued bursuant to this section shall expire automaticall�pon the sale
of the public food service establishment and cannot be transferred to a subsequent
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owner. The subsequent owner may apply for a ]permit pursuant to this section if
the subsequent owner wishes to continue to allow ]patrons' dogs in a designated
outdoor area of the ]public food service establishment.
Complaints and Neporting=
In accordance with F.S. § 509.233(5), the village shall accept, document, and
respond to all outdoor dog -friendly dining related complaints within the Village
of Tequesta, Florida, and shall timely report to the Division all such complaints
and the villaue's enforcement response to such complaints.
The village shall also ]provide the Division with a copy of all approved
applications and ]permits issued.
(ji Enforcement.
LI) The ultimate responsibility for enforcement of this section falls upon the
]permitted ]public food service establishment, however, an alleged violation of any
of the ]provisions of this section shall be subject to code enforcement action
pursuant to chapter 2, article IV, village code. The ]provisions of this section may
also be enforced by a village police officer or other authorized law enforcement
officer.
Q An alleged violation of any of the provisions in this section may also be enforced
by other appropriate remedy, whether by injunctive, declaratory, or civil remedy,
at the village's option.
A patron, permit -holder,, --or owner of a public food service establishment, or any
combination thereof, may be subject to enforcement for a violation of any of the
provisions of this section.
Revocation of permit.
A permit may be revoked by the village if, after notice and reasonable time in
which the grounds for revocation may be corrected, the public food service
establishment fails to comply with any condition of approval, fails to comply with
the approved diauram, fails to maintain any required state or local license, or is
found to be in violation of any provision of this section.
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a. If the grounds for revocation is a failure to maintain any required state or
local license, the revocation may take effect immediately upon giving
notice of revocation to the permit holder.
If a public food service establishment's permit is revoked, no new permit may be
approved for the establishment until all issues identified within the revocation
have been satisfied. This includes any outstanding fines.
Secs. 78-308 78-330. - Reserved.
Section 2: Each and every other section and subsection of Chapter 78. Zoning.
Article IX. Supplemental Regulations. Division 1. Generally. shall remain in full force and effect
as previously adopted.
Section 3: All Ordinances or parts of Ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
FIRST READING this day of
SECOND AND FINAL READING this day of , 2021.
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ATTEST:
LORI MCWILLIAMS, MMC
VILLAGE CLERK
VILLAGE OF TEQUESTA
MAYOR FRANK D'AMBRA III
(Seal)
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