Loading...
HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami Legislation Ordinance City Hal! 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-02178 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, CREATING A NEW SUBSECTION OF THE CITY OF MIAMI ZONING ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, ARTICLE 9 ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS," SECTION 906, ENTITLED "ACCESSORY USES AND STRUCTURES," PURSUANT TO FLORIDA STATUTE SECTION 509.233, RELATED TO PUBLIC FOOD SERVICE ESTABLISHMENTS, PROVIDING FOR A THREE-YEAR DOG -FRIENDLY DINING PILOT PROGRAM TO ALLOW DOGS IN APPROVED OUTDOOR SEATING AREAS OF SUCH FOOD SERVICE ESTABLISHMENTS AND PROVIDING FOR NECESSARY ASSOCIATED IMPLEMENTATION AND ENFORCEMENT PROCEDURES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning Advisory Board , at its meeting of December 6, 2006, Item No. 8, following an advertised public hearing, adopted Resolution No. PAB 06-093, by a vote of six to zero (6-0) recommending APPROVAL of amending zoning ordinance 11000 as hereinafter set forth; and WHEREAS, Florida Statute Section 509.233 provides for, at the discretion of local jurisdiction such as the City of Miami, an exemption from certain limitations on the presence of dogs in outdoor dining areas; and WHEREAS, the City Commission finds that such an exemption is, with appropriate regulation, beneficial to the quality of life for residents, visitors, and their dogs; and WHEREAS, the City Commission has determined that this ordinance is necessary for the preservation of the health, welfare, and safety of the community; and WHEREAS, notice for this ordinance has been provided in accordance with applicable law. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. The City of Miami Zoning Ordinance, Article 9, entitled "General and Supplementary Regulations," Section 906, entitled "Accessory Uses and Structures," is amended in the following particulars: {1} ARTICLE 9 City of Miami Page 1 of 5 Printed On: 12/27/2006 Fite Number; 06 02178 DOG FRIENDLY DINING PROGRAM * Section 906.11. This Section establishes the City of Miami "Dog Friendly Dining Program," providing implementation and enforcement procedures allowing for patrons' dogs within certain approved outdoor seating areas of food service establishments in the City of Miami. Section 906.12. Definitions For the purposes of this Section, the following terms. phrases, words and derivations shall have the meanings given herein: a) "Division" means the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation. b) "Dog" means an animal of the subspecies Canis lupus familiaris. c) "Outdoor Area" means an area adjacent to a public food service establishment that is predominantly free of any physical barrier on all sides and above. d) "Patron" has a meaning given to "quest" by section 509.013, Florida Statutes, as may be amended from time to time. e) "Public food service establishment," also known as a "food service establishment" has the meaning given it by section 509.013, Florida Statutes, as may be amended from time to time. A "public food service establishment" is defined as "any building; vehicle, place, or structure, or any room or division of a building, vehicle, place, or structure where food 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." Section 906.13. Permit Requirements. a) In order to protect the health. safety, and general welfare of the public, a food service establishment is prohibited from having any dog on its premises unless such establishment possesses a valid permit issued in accordance with this Section. b) Application for a permit under this Section shall be made to the Zoning Administrator on a form provided for such purpose by the Zoning Administrator, and shall include, along with any other information deemed necessary by the Zoning Administrator in order to implement and enforce the provisions of this Section, the following: i. The name, location, and mailing address of the food service establishment. ii. The name, mailing location, and telephone contact information of the permit applicant of the food service establishment. City of Miami Page 2 of 5 Printed On: 12/27/2006 i1e Number: 06-02178 iii. A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated outdoor 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 -way including sidewalks and common pathways; and such other information reasonably required by the Zoning Administrator. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional. iv. A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. v. The appropriate Division issued license number for the food service establishment. c) Permit applications under this section shall be reviewed and approved by the Zoning Administrator in accordance with the following: i. The permit application shall be submitted at least thirty (30) days prior to the anticipated date of the inception of the" Dog Friendly Dining Program" designated outdoor area. ii. The applicant shall be required to prominently display a notice within the food service establishment premises that a permit has been applied for. Such notice shall indicate the portion of the seating area for which permitting is requested and the anticipated start date of service. iii. Any approved permit issued under this section may be suspended or rescinded by the Zoning Administrator at any time in the Zoning Administrator's judgment that any of the requirements of this Section are not being met or that other threats to the health, safety, or welfare of the public exist. iv. No permit shall be issued for any outdoor seating area which has not been properly authorized by the City or which does not meet all applicable criteria of the City's Land Development Regulations (Zoning Ordinance) and/or the Florida Food and Drug Administration Food Code, as applicable. Section 906.14. General Regulations; Cooperation; Enforcement. a) Requirements for operation of food service establishments under the provisions of this section shall include, but not be limited to, the following: i. All food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling dogs. Employees shall be prohibited from Cite of Miami Page 3 of 5 Printed On: 12/27/2006 File Number: Q6 O2178 touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering otherparts of the food service establishment. ii. Patrons in a designated outdoor area shall be advised in writing that they should wash their hands before eating. Waterless sanitizer shall be provided at all tables in the designated outdoor area. Hi. 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. iv. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. v. Dogs shall not be allowed on chairs, tables, or other furnishings. vi. All table and chair surfaces shall be cleaned and sanitized with an approved product between seating patrons. Spilled food and drink shall be removed from the floor or ground between seating patrons. vii. 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 near the designated outdoor area. viii. A sign or signs reminding employees of all applicable rules shall be posted on the premises of the food service establishment, ix. A sign or signs shall be posted that places the public on notice that the designated outdoor area is available for use of patrons and patrons' dogs. x. Dogs shall not be permitted to travel through indoor or nondesignated outdoor portions of the public food service establishment. b) A permit issued pursuant to this Section shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to reapply for a permit pursuant to this Section if the subsequent owner wishes to continue to accommodate patrons' dogs. c) In accordance with section 509.233(6), Florida Statutes, the Zoning Administrator shall accept and document complaints related to the Dog Friendly Dining Program within the City of Miami and shall timely report to the Division all such complaints and the City's enforcement response to such complaint. The Zoning Administrator shall also timely provide the Division with a copy of all approved applications and permits issued pursuant to this Section. d) Any food service establishment that fails to comply with the requirements of this Section shall be guilty of violating this section of the City Zoning Ordinance and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the Zoning Ordinance and general law. City of Miami Page 4 of 5 Printed On; 12/27/2006 File Number: 06-02 1 78 Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of the Ordinance shall remain in full force and effect. Section 4. The Codifier of the Zoning Ordinance is directed to provide for codification of this Section in the Zoning Ordinance of the City of Miami, as amended. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes : {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Cif ! of Miami Page 5 of Printed On: 12127/2006