Ordinance 027-2010ORDINANCE NO.: 027 - 2010
AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
CREATING SECTION 130 -101 TO ALLOW DOGS IN
DESIGNATED OUTDOOR AREAS OF PUBLIC
FOOD ESTABLISHMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECREATARY
OF STATE; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statute §509.233 grants local governments the authority to
provide an exemption procedure to certain provisions of the Food and Drug
Administration Food Code, as currently adopted by the Division of the Hotels and
Restaurants, in order to allow patrons' dogs within certain designated outdoor portions of
public food service establishments; and
WHEREAS, as set forth in F.S. §509.233, in order to protect the health, safety,
and general welfare of the public, the local exemption procedure shall require
participating public food service establishments to apply for and receive a permit from
the County before allowing patrons' dogs on their premises; and
WHEREAS, the permit shall only be issued to those public food service
establishments adhering to the regulations and limitations as deemed necessary by the
County and as required by Florida Statutes; and
WHEREAS, the purpose of this ordinance is to create an exception to the Food
and Drug Administration Food Code to allow dogs in outdoor portions of restaurants
while providing for guidelines that help protect the public health, safety and welfare of
citizens and visitors that is consistent with Florida Statute 509.233; and
WHEREAS, this ordinance was unanimously passed by the Planning
Commission on July 28, 2010;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS:
' Section 1 : That Section 130 -101 of the Code of Ordinances is hereby created
as follows:
1
Sec. 130 -101. Local exemption to allow patrons' dogs in public food service
establishments.
(a) Definitions.
Division means the division of hotels and restaurants of the State of Florida
Department of Business and Professional Regulation.
Patron means the same as guest as provided in F.S. 509.013
Public food service establishment means the same as provided in F.S. 509.013
(b) No dog shall be in a public food service establishment unless the public food
service establishment has received and maintains an unexpired and valid permit pursuant
to this section allowing dogs in designated outdoor areas of the establishment and in
accordance with F.S. 509.233.
(c) Application requirements.
Public food service establishments must apply for and receive a permit from the County
before patrons' dogs are allowed on the premises. The County shall establish a reasonable
fee to cover the cost of processing the initial application and renewals. The application
for a permit shall require such information from the applicant as is deemed reasonably
necessary to enforce the provisions of this section, but shall require, at a minimum, the
following information:
(1) Name, location, mailing address and division of hotels and restaurants - issued license
number of the public food service establishment.
(2) Name, mailing address, and telephone contact information of the permit applicant.
The 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.
(3) 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 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 County. The
diagram 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.
(5) A description of the days of the week and hours of operation that patrons' dogs will be
permitted in the designated outdoor area.
(6) Prior to the issuance of a permit, the applicant shall furnish the permitting official
with a signed and notarized statement that the permittee shall hold harmless and
indemnify the County, its officers and employees 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.
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(7) Pennittee shall purchase and maintain liability insurance consistent with the terms and
conditions of the latest version of the Commercial General Liability Coverage Form as
issued by the Insurance Services Office (ISO). The permittee must ensure that such
insurance does not exclude or limit coverage for claims arising out of incidents related to
or caused by animals. Such insurance shall provide limits of not less than One Million
Dollars ($1,000,000.00) per occurrence. All insurance shall be from companies duly
authorized to do business in the State of Florida and acceptable to the County. The
County shall be named as an "Additional Insured" on the required insurance. All policies
required under this ordinance shall provide that such policies may not be terminated or
cancelled without 45 days written notice. Permittee shall send notice of termination or
cancellation of insurance policies via certified mail to the licensing official. Termination
or cancellation of the insurance required will result in the permit being suspended
immediately and revoked as set forth in section (e) herein.
(d) Regulations.
Public food service establishments that receive a permit for a designated outdoor area
pursuant to this section shall require that:
(1) Employees wash their hands promptly after touching, petting, or otherwise handling
any dog(s) and shall wash their hands before entering other parts of the public food
service establishment from the designated outdoor area. "Employee" or "employees" shall
include, but is not limited to, the owner(s), operator(s), manager(s) or assistant
manager(s) of the public food service establishment.
(2) Employees are prohibited from touching, petting or otherwise handling any dog while
serving or carrying food or beverages or while handling or carrying tableware.
(3) Patrons in a designated outdoor area shall be advised by appropriate signage, at
conspicuous locations, that they should wash their hands before eating. Waterless hand
sanitizer shall be provided at all tables in the designated outdoor area.
(4) 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. Patrons shall be advised of this requirement by
appropriate signage at conspicuous locations.
(5) Patrons shall keep their dogs on a leash at all times and shall keep their dogs under
reasonable control. Patrons shall not leave their dogs unattended.
(6) Employees and patrons shall not allow any part of a dog to be on chairs, tables, or
other furnishings.
(7) Employees shall clean and sanitize all table and chair surfaces with an approved
product between seating of patrons.
(8) 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.
(9) Employees and patrons shall remove all dog waste immediately and the floor or
ground shall be immediately cleaned and sanitized with an approved product. Employees
shall keep a kit with the appropriate materials for this purpose near the designated
outdoor area. Dog waste shall not be carried in or through indoor portions of the public
food establishment.
3
(10) Employees and patrons shall not permit dogs to be in, or to travel through, indoor or
non - designated 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) A sign or signs notifying the public that the designated outdoor area is available for
the use of patrons and patrons' dogs shall be posted in a conspicuous manner that places
the public on notice.
(12) A sign or signs informing patrons of these laws shall be posted on premises in a
conspicuous manner and place.
(13) A sign or signs informing employees of these laws shall be posted on the premises in
a conspicuous manner and place.
(14) 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.
(15) Permits shall be readily available for inspection.
(16) All dogs shall wear a current county license tag or rabies tag or the patron shall have
a current license certificate or rabies certificate immediately available upon request.
(e) Expiration and revocation.
(1) 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 if the subsequent owner wishes to continue to allow patrons' dogs in a designated
outdoor area of the public food service establishment.
(2) Permits shall expire 2 year(s) from the date of issuance, unless renewed by the
application of the permittee and approved by the County.
(3) A permit may be revoked by the County if, the grounds for revocation has not been
corrected within 30 days after notice to the permittee, the public food service
establishment fails to comply with any condition of approval, fails to comply with the
approved diagram, fails to maintain any required state or local license, or is found to be in
violation of any provision of this section. If the ground for revocation is a failure to
maintain any required state or local license or insurance as required under section (c)(7),
the revocation may take effect immediately upon giving notice of revocation to the
permit holder.
(4) If a public food service establishment's permit is revoked, no new permit may be
approved until the expiration of 90 days following the date of revocation, providing that
the public food service establishment is in compliance and has paid any fines that may be
imposed.
(f) Complaints and reporting
(1) Complaints may be made in writing to the Code Enforcement Department which shall
accept, document, and respond to all complaints. The Code Enforcement Department
shall timely report to the Division of Restaurants and Hotels (the Division) all complaints
and the response to such complaints.
4
(2) The County shall provide the Division with a copy of all approved applications and
permits issued.
(3) All applications, permits, and other related materials shall contain the Division - issued
license number for the public food service establishment.
(4) The patron or employee, or both, may be issued civil citations for each violation of
this section.
(g) Penalties
Citations issued for violations of any provisions of this section shall be brought forth
before the Code Enforcement Special Magistrate or in County Court pursuant to Ch 162
Florida Statutes or Chapter 8 of the Code of Ordinances for Monroe County. Each
instance of a dog on the premises of a public food service establishment without a permit
is a separate violation.
Section 2: Severability
If any section, paragraph, subdivision, clause or provision of this ordinance shall
be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof
shall be confined to the section, paragraph, subdivision, clause, sentence or provision
immediately involved in the controversy in which such judgment or decree shall be
rendered.
Section 3: Conflicting Provisions
In the case of direct conflict between any provision of this ordinance and a portion
or provision of any appropriate federal, state, or County law, rule code or regulation, the
more restrictive shall apply.
Section 4: Transmittal
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs as required by F.S.
380.05(1 l) and F.S. 380.0552(9).
Section 5• Filing
This ordinance shall be filed in the Office of the Secretary of the State of Florida
but shall not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission approving the ordinance.
Section 6: Effective Date
This Ordinance shall become effective as provided by law and stated above.
5
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 15th day of September, 2010.
Mayor Sylvia Murphy Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner Kim Wigington Yes
Commissioner George Neugent Yes
Commissioner Mario Di Gennaro Not Pr esent
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By,QI w B ^
Y
Deputy Clerk Mayor /Cha rperson
MONROE COUNTY AT T01
ARRR0V D_ A% TO FCRPJ:
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ASSIST4NT COUNTY ATTORNEY
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CHARLIE CRIST
Governor
October 12, 2010
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
DAWN K. ROBERTS
Interim Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated October 4, 2010, and certified copy of Monroe County Ordinance No. 027 -2010, which was
filed in this office on October 12, 2010.
Sincerely,
A I U-0�1
Liz Cloud
Program Administrator
LC /srd
DIRECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
850.245.6600 • FAX: 850. 245.6735 • TDD: 850.922.4085 • http: / /diis.dos.state.fl.us
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894
CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282
STATE LIBRARY AND ARCHIVES OF FLORIDA
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Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated October 4, 2010, and certified copy of Monroe County Ordinance No. 027 -2010, which was
filed in this office on October 12, 2010.
Sincerely,
A I U-0�1
Liz Cloud
Program Administrator
LC /srd
DIRECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
850.245.6600 • FAX: 850. 245.6735 • TDD: 850.922.4085 • http: / /diis.dos.state.fl.us
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA
850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894
CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY
850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282
STATE LIBRARY AND ARCHIVES OF FLORIDA
Page 1 of 2
Belle Desantis
From: "Peters- Katherine" < Peters - Katherine @ Mon roeCounty- FL.Gov>
To: "Belle Desantis" <idesantis @monroe- clerk.com>
Cc: "Grimsley- Susan" <Grimsley- Susan @monroecounty- fl.gov >; "Tezanos - Mayra" <Tezanos-
Mayra @monroecounty- fl.gov >; "Limbert- Christine" < Limbert- Christine @MonroeCounty- FL.Gov>
Sent: Monday, December 06, 2010 10:47 AM
Subject: FW: Dogs in Restaurants ordinance No. 027 -2010 - documentation of no action by DCA on this
ordinance - to be placed in Clerk's file with this Ordinance.
Susan — I'm assuming you want this posted with electronic copy posted on Clerk's website? I only retain our
working copies — final executed /processed documentation is kept by Clerk /posted on website. I only save to
our computer files what is received from the Clerk as that is the official record. I am forwarding your email onto
Belle for her to place on Clerk's website with Ordinance 027 -2010.
From: Grimsley -Susan
Sent: Monday, December 06, 2010 10:36 AM
To: Peters - Katherine; Tezanos - Mayra; Limbert- Christine
Subject: FW: Dogs in Restaurants ordinance No. 027 -2010
Please keep below with electronic and hard copy file. Thanks.
Susan Grimsley, Asst. County Attorney
1111 12th street key west, fl 33040
3 2 9 2 .347o Key West
305.289.2500 Marathon
From: Rebecca.Jetton @dca.state.fl.us [ mailto :Rebecca.Jetton @dca.state.fl.us]
Sent: Monday, December 06, 2010 9:51 AM
To: Grimsley -Susan
Subject: Re: Dogs in Restaurants ordinance No. 027 -2010
correct
Grimsley-Susan <G rims ley -Susan @monroecounty - To "Richard.Shine @dca.state.fl.us" <Richard.Shine @dca.state.fl.us >,
fl.gov> "Rebecca.Jetton @dca.state.fl.us" <Rebecca.Jetton @dca.state.fl.us>
cc Hutton - Suzanne < Hutton - Suzanne @MonroeCounty- FL.Gov >, Shillinger -Bob
12/06/2010 08:51 AM <Shillinger- Bob @MonroeCounty- FL.Gov >, Pattie Smith
<PFS @municode.com >, Tezanos -Mayra <Tezanos- Mayra @monroecounty -
fl.gov>
Subject Dogs in Restaurants ordinance No. 027 -2010
I am confirming that you are not taking any action on this ordinance. After 60 days has passed since submittal to DCA, I am
considering the ordinance effective. That will be Dec. 16, 2010.
Susan Grimsley, Asst. County Attorney
1111 12th St.
Key West, FL 33040
Ph. 305.292.3470
Fax 305.292.3516
Marathon Telephone 305.289.2500
12/6/2010
MONROE COUNTY COURTHOUSE BRANCH OFFICE:
500 WHITEHEAD STREET,SUITE 101 <tbG�...0O PLANTATION KEY
KEY WEST,FLORIDA 33040 GOVERNMENT CENTER
TEL. (305)294-4641 * 88820 OVERSEAS HIGHWAY
FAX(305)295-3663 i'i 1 PLANTATION KEY,FLORIDA 33070
Ntyr'op TEL.(305)852-7145
coU
BRANCH OFFICE: cF � s. FAX(305)852-7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON,FLORIDA 33050 MONROECOUNTY50 HIGH POINT ROAD
TEL. (305) 289-6027 PLANTATION KEY,FLORIDA 33070
FAX(305)289-1745 www.clerk-of-the-court.com TEL. (305)852-7145
October 4, 2010 FAX(305)853-7440
Ms. Liz Cloud,Program Administrator
Administrative Code &Weekly I
R.A. Gray Buildiig
500 S Bronough treet
Tallahassee FL 3 i399-0250
Via Certified Mail 7007 2560 0001 6107 0136
Enclosed please find a certified copy of Ordinance No. 027-2010 Ordinance creating
Section 130-101 of the land development code allowing patrons' dogs in designated outdoor -
portions of public food service establishments in accordance with Florida Statute §509-233.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on September 15, 2010. Please file for' the record.
Should you have any questions please feel free to contact me at(305)295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis, D.C.
cc: Municipal Code, Via Certified Mail 70101670 0001 0244 7730
Growth Management via e-mail •
County Attorney via e-mail
Robert Eadie, Monroe County Health Department
File
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