ORDINANCE NO. 08-09

 

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO ANIMALS; MAKING FINDINGS; AMENDING CHAPTER 4, ARTICLE I BY CREATING A NEW SECTION 4-26 ENTITLED “DOG-FRIENDLY DINING”; PROVIDING DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING GENERAL REGULATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING A SUNSET PROVISION; PROVIDING A SEVERABILITY AND INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

 

            WHEREAS, some diners like to enjoy a meal in the company of their dog; and

 

            WHEREAS, Florida Statutes provides for a pilot program whereby local jurisdictions can enact a dog-friendly dining program; and

 

            WHEREAS, interest has been expressed in the establishment of a dog-friendly dining program in the Town of Indialantic that is consistent with State law.

 

            NOW, THEREFORE, BE IT ENACTED by the Town Council of the Town of Indialantic, Brevard County, Florida:

 

            SECTION 1.  That a new Section 4-26 of the Code of Ordinances of Indialantic, Florida, is hereby added to read as follows:

 

Sec. 4-26.            Dog-Friendly Dining

(A) Purpose and intent; dog-friendly dining program

 

(1)   The purpose and intent of this section is to implement the pilot program established by F.S. § 509.233, by permitting certain public food service establishments, classified as restaurants under this Code, within the Town subject to the terms 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 State of Florida, Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs to be within certain designated outdoor portions of their respective establishments.

 

(2)   Pursuant to section F.S. § 509.233(2), there is hereby created in the Town, 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 State of Florida, Division of Hotels and Restaurants of the Department of Business and Professional Regulation, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments, classified as restaurants under this Code, which exemption procedure may be known as the "Town of Indialantic Dog-Friendly Dining Program."

 

 

 

(B)  Definitions.

 

As used in this section, the following terms shall be defined as set forth herein unless the context clearly indicates or requires a different meaning:

 

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 familiars.   

 

Outdoor area  means an area adjacent to a restaurant that is predominantly or totally free of any physical barrier except as permitted by the Town for outdoor cafes. 

 

Patron  has the meaning given to "guest" as set forth in F.S. § 509.013. 

 

Eating and drinking establishment,  as permitted in this Code, and for the limited purposes of this section shall refer only to a "public food service establishment" as defined in F.S. § 509.013. 

(C)  Permit required; submittals.

 

(1)   In order to protect the health, safety, and general welfare of the public, a restaurant is prohibited from having any dog on its premises unless it possesses a valid permit issued in accordance with this section, or unless otherwise permitted pursuant to Florida Statutes.

 

(2)   Applications for a permit under this section shall be made to the Town Manager or his designee, on a form provided for such purpose, and shall include, along with any other such information deemed reasonably necessary by the Town Manager or his designee in order to implement and enforce the provisions of this section, the following:

 

(a)            The name, location, and mailing address of the subject restaurant;

(b)        The name, location, mailing address and telephone contact information of the permit applicant;

(c)        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, and restaurant equipment, 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-ways, including sidewalks and common pathways; and such other information reasonably required by the Town Manager or his designee. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional.

(d)        A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area; and

(e)        All application materials shall contain the appropriate division-issued license number for the subject restaurant.

 

(3)   Applications shall be accompanied by a fee of fifty dollars ($50) to cover the cost of processing the application, permitting, inspections and enforcement.

(D)  General regulations.

 

(1)   In order to protect the health, safety, and general welfare of the public, and pursuant to F.S. § 509.233, all permits issued pursuant to this section are subject to the following requirements:

 

(a)        All restaurant 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 dog while serving food or beverages or handling tableware or before entering other parts of the restaurant;

 

(b)        Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. A 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;

 

(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 seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons;

 

(g)               Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the materials for this purpose shall be kept near the designated outdoor area;

 

(h)               At least one (1) 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 issued, shall be posted in a conspicuous location frequented by employees within the restaurant. The mandatory sign shall be not less than eight and one-half (8 1/2) inches in width and eleven (11) inches in height and printed in easily legible typeface of not less than twenty-point font size. The sign provided for in this sub-paragraph (h) shall be in addition to the signs required by subparagraphs (i) and (j);

 

(i)         At least one (1) 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 issued pursuant to this section, shall be posted in a conspicuous location within the designated outdoor portion of the restaurant. The mandatory sign shall be not less than eight and one-half (8 1/2) inches in width and eleven (11) inches in height and printed in easily legible typeface of not less than twenty-point font size. The sign provided for in this subparagraph (i) shall be in addition to the signs required by subparagraphs (h) and (j);

 

 

 

 

 

(j)         At all times while the designated outdoor portion of the restaurant is available to patrons and their dogs, at least one (1) sign shall be posted in a conspicuous and public location near the entrance to the designated outdoor portion of the restaurant, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the restaurant is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than eight and one-half (8 1/2) inches in width and eleven (11) inches in height and printed in easily legible typeface of not less than twenty-point font size. The sign provided for in this subparagraph (j) shall be in addition to the signs required by sub-paragraphs (h) and (i);

 

(k)        Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the restaurant, and ingress and egress to the designated outdoor portions of the restaurant shall not require entrance into or passage through any indoor or undesignated outdoor portion of the restaurant.

 

(2)   A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale or transfer of a restaurant, but shall expire automatically upon such sale or transfer. The subsequent owner shall be required to reapply for a permit pursuant to this section, if such owner wishes to continue to accommodate patron's dogs. Permits shall expire on September 30, 2009 and September 30 of each year thereafter.

(E)  Enforcement; violations.

 

(1)   In accordance with F.S. § 509.233(6), the Town shall accept and document complaints related to the dog-friendly dining program within the Town, and shall timely report to the division all such complaints and the Town's enforcement response to such complaint(s). The Town shall also timely provide the division with a copy of all approved applications and permits issued pursuant to this section.

 

(2)   Any restaurant that fails to comply with the requirements of this section shall be guilty of violating this section and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the Town Code and general law. Each day a violation exists shall constitute a distinct and separate offense.

(F)  Sun setting of this section.

 

This section shall sunset and be of no further force or effect at such time as the pilot program for dog-friendly dining may expire pursuant to F.S. § 509.233 or September 30, 2010, whichever occurs first. Any permit issued pursuant to this section shall expire at such time, unless the permit has sooner expired or been revoked.

 

SECTION 2.  Severability/Interpretation Clause.

 

            (a)            In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

 

 

 

             (b)            In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:

(1)Words underlined are additions to existing text.

(2)Words stricken through and deletions from existing text.

(3)            Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances.  It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

 

             SECTION 3.  Ordinances and Resolutions in Conflict.  All ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed.

 

SECTION 4.  Effective Date.  This Ordinance shall become effective upon adoption of this Ordinance by the Town Council.

 

PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of June, 2008, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of July, 2008.

 

TOWN OF INDIALANTIC

 

 

 

________________________

Robert L. Cochran, Jr.

Mayor

ATTEST:                     __________________________

Laura Eaton, CMC                        (TOWN SEAL)

Town Clerk