4422 Dog friendly restaurantsOrdinance No. 2017-4422
An ordinance of the City of Sanford, Florida relating to dog friendly
restaurants; providing for definitions; providing for application
requirements; providing for regulations; providing for permit expiration,
renewal and revocation; providing for complaints, reporting and
enforcement; providing for implementing administrative actions; providing
for a savings provision; providing for conflicts; providing for severability;
providing for codification as well as the correction of scrivener's errors and
providing for an effective date.
Whereas, Section 509.233, Florida Statutes, the "Dixie Cup Clary Local Control Act,"
grants municipalities the authority to provide exemptions from Section 6-501.115 of the U.S.
Food and Drug Administration Food Code, as adopted and incorporated by the State of Florida
Division of Hotels and Restaurants in Rule 61C-4.010(6), Florida Administrative Code; and
Whereas, the City Commission of the City of Sanford recognizes the fact that various
restaurants located throughout the City of would like to have the ability to allow residents and
visitors alike to bring their dogs to the outdoor seating areas; and
Whereas, the provisions of this Ordinance are enacted to recognize that it would be
business friendly and dog friendly to enact regulations that allow patrons' dogs to be present at
the same location as their owners in outdoor seating areas of public food service establishments
when their owners are dining while providing for guidelines that help protect the public health,
safety, and welfare in accordance with State law; and
Whereas, while not a land development regulation and while the provisions of this
Ordinance are police power regulations of the City, the provisions of this Ordinance are, indeed,
consistent with the City's Comprehensive Plan, are consistent with sound and generally
accepted land regulatory practices and principles, and shall be codified in both the Code of
Ordinances and the Land Development Code of the City; and
Whereas, this Ordinance is an exercise of the City of Sanford's powers as a
municipality under the provisions of Article VIII, Section 2 of the Constitution of the State of
Florida; Chapter 163, Florida Statutes; Chapter 166, Florida Statutes, and other applicable and
controlling law such as that referenced herein; and
Whereas, the City Commission has taken all actions in accordance with the
requirements and procedures mandated by State law and complied, in every respect, with the
requirements of law.
Now, Therefore, Be It Enacted By The People Of The City Of Sanford, Florida:
Section 1. Legislative findings and intent. The City Commission of the City of
Sanford finds and determines as follows:
(a). The City Commission of the City of Sanford hereby adopts and incorporates into
this Ordinance the recitals (whereas clauses) set forth herein as the legislative and
administrative findings and intent of the City Commission.
(b). This Ordinance is enacted pursuant to the authority granted to local governments
by Section 509.233, Florida Statutes, (commonly: known as the "Dixie Cup Clary Local Control
Act'), which grants the City the authority to provide exemptions from Section 6-501.115, U.S.
Food and Drug Administration Food Code, as adopted and incorporated by the State of Florida
Division of Hotels and Restaurants in Rule 61C-4.010(6), Florida Administrative Code, as
amended from time -to -time, which prohibits the presence of live animals in public food service
establishments. The purpose of this Ordinance is to allow patrons' dogs within certain
designated outdoor portions of public food service establishments, with permits, consistent with
the Section 509.233, Florida Statutes. It is prohibited and unlawful for a dog to be in a public
food service establishment unless allowed by State law and the public food service
establishment has received and maintains an unexpired permit pursuant to this Ordinance
allowing dogs in designated outdoor seating areas of the public food service establishment.
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(c). This Ordinance shall not be construed, interpreted or implemented in any manner
that would conflict with the provisions of Section 413.08, Florida Statutes, relating to the rights
and responsibilities of individuals with a disabilities and the use of a service animals which
prohibits discrimination in public accommodations and provides for other matters relating thereto
as well as other applicable provisions of controlling law.
Section 2. Dog Friendly Public Food Service Establishments. New provisions of the
Code of Ordinances of the City of Sanford are created and enacted to read as follows:
Definitions.
Dog means the domestic dog (canis lupus familiaris or canis familiaris) which is a domesticated
canid, but shall not include a dog which is a "service animal" as defined in Section 413.08(1) (d),
Florida Statutes.
Dog friendly restaurant means a public food service establishment which has received a permit
under this division.
Employee or employees means but is not limited to, the owner or owners of the public food
service establishment and those persons employed at the establishment in any capacity and in
any type of legal relationship.
Public food service establishment which is also licensed as such an establishment pursuant to
Chapter 509, Part I, Florida Statutes, means any restaurant, restaurant general, fast food
restaurant or outdoor seating area where food or drink is prepared, served, or sold for immediate
consumption on or in the vicinity of the premises; called for or taken out by customers; or
prepared prior to being delivered to another location for consumption.
Application requirements.
(a). Public food service establishments shall apply for and receive a permit from the City
before patrons' dogs are allowed in the designated outdoor seating areas. The City Commission
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shall by resolution establish a fee to cover the costs associated with processing the permit
application and subsequent permit renewals. Permits shall expire annually on September 30 of
each year. The application for a permit shall require such information from the applicant as is
deemed reasonably necessary by the City to enforce the provisions of this division, but shall
require, at a minimum, the following information:
(1). The name, location, and mailing address of the public food service establishment.
(2). The name, mailing address, and telephone contact information of the permit applicant.
(3). A diagram and description of the outdoor seating area to be designated as available to
patrons' dogs, including the following information; provided, however, that any designated
outdoor seating area in a development order or development permit shall be recognized and
approved pursuant and, although the diagram or plan must be accurate and to scale, it need not
be prepared by a licensed professional or sealed by such a professional:
a. Dimensions of the designated outdoor seating area;
b. A depiction of the number and placement of tables, chairs; and restaurant equipment, if
any;
C. The entryways and exits to the designated outdoor seating area;
d. The boundaries of the designated outdoor seating area and of 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
e. Such other information required by the City.
(4). A description of the days of the week and hours of operation that patrons' dogs will be
permitted in the designated outdoor seating area if there is any such limitation proposed.
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(b). Prior to the issuance of a permit, the applicant shall furnish the City with a signed and
notarized statement that the permittee shall hold harmless and indemnify the City from any
claims for damages to property or injury to persons which may be occasioned by any activity
carried on under the terms of the permit.
(c). The permittee shall disclose such liability and property damage insurance as the applicant
may have in place and provide the City with any changes to such insurance whenever a change
occurs.
Regulations.
(a). Public food service establishments that receive a permit for a designated outdoor area
pursuant to this division shall be subject to the following regulations:
(1). All public food service establishment employees shall wash their hands promptly after
touching, petting or otherwise handling dogs.
(2). Employees at a public food service establishment shall not touch, pet or otherwise handle
dogs'while serving food'or beverages or handling tableware.
(3). Patrons siting or dining in a designated outdoor seating area shall be advised by notices
posted in the areas of the establishment where patrons may wash their hands or use a hand
sanitizer in the designated outdoor seating area.
(4). Each public food service establishment shall provide waterless hand sanitizers that are
readily available to customers in the designated outdoor seating area.
(5). Employees and patrons at public food service establishments shall be instructed that they
shall not allow dogs to come into contact with serving dishes, utensils, tableware, lines, paper
products or any other items involved in food service operations except for dog watering dishes
that may be provided for dogs within the designated outdoor seating area.
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(6). Patrons shall keep their dogs on a leash at all times and shall keep their dogs under
reasonable control in the designated outdoor seating area.
(7). Dogs shall not be allowed on chairs, tables or other furnishings within the designated
outdoor seating area.
(8). All table and chair surfaces within a designated outdoor seating area at a public food
service establishment shall be cleaned and sanitized between the time when patrons are seated.
(9). Dog waste at the public food service establishment shall be cleaned immediately and the
area sanitized. A kit with appropriate materials for this purpose shall be kept near the designated
outdoor seating area.
(10). Notices reminding employees of the applicable regulations shall be posted by the public
food service establishment on the premises of the public food service establishment in a
conspicuous manner..
(11). Notices stating that a designated outdoor seating area is available for the use of patrons
and patron dogs and advising patrons of the applicable rules shall be posted by the public food
service establishment on the premises of the public food service establishment in a conspicuous
manner.
(12). Dogs shall not be permitted by the public food service establishment to travel through
indoor or non -designated outdoor portions of the public food service establishment, and ingress
and egress to the designated outdoor seating portions of the public food service establishment
must not require entrance into or passage through any indoor area of the food establishment.
(13). Permits shall be conspicuously displayed in the designated approved outdoor seating
area by the public food service establishment.
(b). It is prohibited and unlawful for any public food service establishment or any employee of
a public food service establishment to fail to accomplish an action required to be performed in
this division, to fail to act in a manner required by this division or to commit and action that is
prohibited by this division.
(c). It is prohibited and unlawful for a dog to be in a public food service establishment unless
allowed by State law and the public food service establishment has received and maintains an
unexpired permit pursuant to this division allowing dogs in designated outdoor seating areas of
the public food service establishment.
Permit expiration, renewal and revocation.
(a). A permit issued pursuant to this division shall expire automatically upon the sale of the
public food service establishment, any change in the permittee under any State license or
approval required for restaurants and shall not be transferred or transferable to a subsequent
owner.
(b). ` The subsequent owner of any public food service establishment that is `sold or has its
ownership transferred in any manner shall reapply for a permit if the subsequent owner wishes
to continue to accommodate and allow patrons' dogs in a designated outdoor seating area.
(c). Permits issued pursuant to this division shall expire annually on September 30 of each
year, unless renewed by paying an annual renewal permit fee as established by the City
Commission or at such time as the required State license or other authority expires authorizing
the operation of the restaurant.
(d). A permit issued pursuant to this division may be revoked by the City's special magistrate,
upon a case being filed by City code enforcement personnel, if the public food service
establishment fails to comply with any condition of approval, fails to comply with approved
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diagrams, fails to maintain any required State or local license, fails to pay the local business tax,
or is found to be in violation of this division or any provision of a City code or ordinance. Notice
of the permit revocation shall be given to the permit holder by City code enforcement personnel
no less than 15 days prior to such revocation and shall state the grounds for revocation or
termination. Notwithstanding the foregoing, if the grounds for permit revocation are a failure to
maintain any required State or local license, the permit revocation may take effect immediately
by the City manager. The special magistrate may include in any order of revocation that the
permittee may not apply for a new permit for a period of up to 90 days.
(e). Appeals shall be made to a court of competent jurisdiction in accordance with the
provisions of controlling Florida law.
Complaints, reporting and enforcement.
(a). Complaints may be made to the City code enforcement office, which shall accept,
document, and respond to all complaints and shall timely report to the State of Florida Division
of Hotels and Restaurants all complaints and the enforcement responses to such'complaints if
requested in writing or required by the provisions of controlling law.
(b). The City shall provide the State of Florida Division of Hotels and Restaurants with a copy
of all approved applications and permits upon request or if required by controlling State law.
(c). Violations of this division are punishable under the provisions of section 1-7 of the City
Code and may be enforced and are subject to the applicable code compliance procedures of
the City and the provisions of controlling law. The provisions of this Ordinance may be enforced
by the City utilizing any legal remedy or code enforcement process available under controlling
Florida law. Any continuing violations of the terms, conditions, regulations, limitations or
provisions of this Ordinance may be enjoined and restrained by an injunctive order of the Circuit
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Court in appropriate proceedings instituted for such purposes. The City Attorney is authorized
to file such actions with the concurrence of the City Manager may initiate proceedings for the
purposes of obtaining an injunction, restraining order, or other appropriate civil proceedings to
prevent, enjoin, abate, or remove any violation of this Ordinance.
Section 3. Implementing administrative actions; adoption of administrative rules.
(a). The City Manager is hereby authorized and directed to implement the provisions
of this Ordinance by the promulgation of rules and the development and usage of forms and
processes all as may be deemed necessary or appropriate by the City Manager.
(b). The City Manager may delegate responsibilities arising under this Ordinance to
such City employees as deemed appropriate and necessary.
Section 4. Savings.
The prior actions of the City of Sanford in terms of the matters relating to the regulation of food
service establishments, as well as any and all activities of the City of Sanford pertaining thereto
or of an associated nature, are hereby ratified and affirmed.
Section 5. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed.
Whenever the requirements or provisions of this Ordinance are in conflict with the
requirements or provisions of any other lawfully adopted ordinance or statute, the most
restrictive requirements shall apply.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined to be
invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair
the validity, force or effect of any other section, sentence, phrase, word, or portion of this
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Ordinance not otherwise to be invalid, unlawful, or unconstitutional.
Section 7. Codification; scrivener's errors.
(a). The provisions of this Ordinance shall be codified; provided, however, that the
provisions of Sections 4, 5, 6, 7 and 8 shall not be codified and the sections of this Ordinance
may be renumbered or relettered and that the word "Ordinance" may be changed to "section",
"article" or some other appropriate word or phrase to accomplish codification.
(b). Regardless of whether this Ordinance is ever codified, the division and provisions
of this may be renumbered or relettered.
(c). Typographical errors and other matters of a similar nature that do not affect the
intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected
without the need for a public hearing.
Section 8. Effective ®ate.
This Ordinance shall take effect immediately upon passage and adoption.
Passed and adopted this 23rd day of October, 2017.
City Commissi
Florida.
Jeff T le%fl ayor
Attest:
Cynt is Porter, City Clerk
Approved as to form and legality:
William L. Colbert, zEsgtea
Cit Attorne;jP/0- Al.y
of the City of Sanford,
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