HomeMy WebLinkAbout2012/06/19 Item 02TY COUNCIL
STATEMENT
~~~ CITY OF
CHULAVISTA
June 19, 2012, Item No. '~.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
MUNICIPAL CODE SECTION 6.24.130 TO ALLOW DOGS IN
OUTDOOR DINING AREAS AT THE DISCRETION OF THE
FOOD FACILITY OPERATOR AND AMENDING MUNICIPAL
CODE SECTION 6.24.180 TO REDUCE INFRACTION PENALTY
FINES
M..4 .
CITY A EY'S OFFICE; ANIMAL CARE FACILITY
CITY ATTORNEY'S OFFICE
4/STHS VOTE: YES ^ NO
SUMMARY
The Chula Vista Municipal Code currently prohibits dogs, with the exception of service animals,
in restaurants. In March 2012, the City Council directed staff to explore amending the municipal
code to allow pet dogs in outdoor dining areas at the discretion of the food facility operator.
The proposed revision would allow pet dogs in outdoor dining areas accessible from outdoors at
the discretion of the food facility operator. Dog owners would remain subject to existing sections
of Title 6, including picking up waste (6.24.070), leashing their dogs (6.24.030), and preventing
their dog from biting or harassing another person (6.24.030). Facility operators who choose to
allow dogs on their outdoor dining areas would remain subject to California health and sanitation
taws enforced by the County of San Diego.
In addition, staff is requesting that Section 6.24.180 "Designated violations -Misdemeanors and
infractions" be amended to reduce the first and second infraction fine amounts (following
conviction in Superior Court) by fifty dollars to make the fine amounts consistent with the other
fine amounts contained in the Chula Vista Municipal Code.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California Environmental
Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined
under Section 15378 of the state CEQA Guidelines because it will not result in a physical change
in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines,
the activity is not subject to the CEQA. Thus, no environmental review is necessary.
2-1
6/19/2012, Item No. _Z
Page 2 of 4
RECOMMENDATIONS
Council adopt the ordinance revisions or provide direction to staff that it may deem appropriate.
BOARDS/COMMISSION RECOMMENDATION
N/A.
DECISION MAKER CONFLICT
This item is not site-specific therefore there are no conflicts based on the 500-foot proximity of
councilmember property holdings.
DISCUSSION
Many restaurants and cafes with outdoor dining areas in the San Diego area are "pet friendly."
Hotels, restaurants and attractions that accommodate dogs in the region are listed in travel guides
and tourist- and dog-related Internet sites.
In March 2012, the City Council City adopted amendments to Title 6, Animals, of the Chula
Vista Municipal Code. The amendments updated existing sections and added new sections
designed to improve the save rate of dogs and cats in the City Animal Care Facility. The Council
asked staff to explore changing Section 6.24.130 to allow pet dogs on outdoor dining patios of
restaurants, at the discretion of the food facility operator.
California's Retail Food Code occupies "the whole field of health and sanitation standards for
retail food facilities." (H&SC Section 113705). With the exception of service animals, California
law prohibits live animals in food facilities. (Health & Safety Code Section 114259.5(a)). A
"food facility" is an operation that stores, prepares, packages, serves, vends or otherwise
provides food for human consumption at the retail level. (H&SC Section 113789). This
definition includes restaurants. Permanent food facilities must be fully enclosed, except for
dining areas. (H&SC Section 114266(b)). Proponents of allowing pet dogs onto outdoor dining
areas have relied on this section as an exception to the ban on live animals, other than service
animals, in California restaurants. However, interpretation and enforcement of California's
health and sanitation laws applicable to retail food facilities are exclusively the responsibility of
county health deparhnents.
The County of San Diego's Department of Environmental Health (DEH) regulates food safety at
more than 12,000 retail food facilities, including more than 6,000 restaurants, in the county and
in 18 cities in the county, including Chula Vista. The DEH's Food and Housing Division issues
public health permits and conducts risk-based inspections for permanent and mobile food
facilities, using a grading system. Following the example of Santa Barbara and Los Angeles
counties, the DEH recently published guidelines for allowing dogs on outdoor dining areas.
According to these guidelines, "The Food and Housing Division (FHD) uses these guidelines to
determine whether a food facility operator who chooses to allow dogs in an outdoor patio dining
area should be cited far violating state law...The presence of dogs in the outdoor dining area
must not create a sanitation nuisance."
2-2
6/19/2012, Item No. _Z
Page 3 of 4
For restaurant owners, San Diego County's guidelines allow dogs onto outdoor dining areas
directly from the outdoors only. Dogs may not go through any other part of the food facility, i.e.
restaurant, to enter or exit the outdoor dining area. Therefore, no restaurant can permit dogs onto
an outdoor dining area if this area is accessible only by going through the restaurant. This
restriction does not apply to service animals.
The guidelines also state that dogs must be leashed. Restaurant employees may not prepare food
in or near the outdoor dining area but may refill beverages from a pitcher or other container; may
not preset tableware in the outdoor dining area or touch dogs; and must "clean and sanitize any
accidents involving the dog's bodily fluids and waste."
For dog owners, the County's guidelines include: dogs should be well-behaved and leashed;
dogs should be kept close the owner but not on tables, chairs or other surfaces designed for
human use; dogs must not be walked or carried through a restaurant to access an outdoor dining
area; dogs should eat and drink only out of single-use disposable containers, not the restaurant's
glassware or dishware; owners should clean up after their dogs and notify restaurant staff if
additional clean up is needed.
A copy of the guidelines is attached and may be accessed online at:
www.sdcounty.ca.gov/deh/food/odf/publications dogspatiodining.pdf
Dogs, except for service animals, are currently prohibited from restaurants in Chula Vista. If the
City Council would like to give facility operators the option to permit pet dogs in outdoor dining
areas, Municipal Code Section 6.24.130 should be revised.
Consistent with current County guidelines, the proposed amendment allows pet dogs on outdoor
dining areas that are accessible from outside the facility, at the discretion of the food facility
operator.
Because retail food safety standards are pre-empted by state law, which is enforced by the
County's Department of Environmental Health, the City cannot impose additional rules or
regulations on food facility operators opting to allow pet dogs on outdoor dining areas. Instead,
the proposed amendment urges food facility operators to follow County guidelines and to work
cooperatively with County environmental health inspectors to ensure compliance with applicable
state laws. Existing municipal codes govern the conduct of dog owners on private property.
Lastly, the proposed amendments reiterate that service animals are allowed in any dining facility,
indoors or outdoors.
In addition, staff has submitted an additional clean-up revision with regard to infraction fine
amounts (following a superior court conviction for an infraction) that need to be reduced by fifty
dollars to make them consistent with the other fine provisions contained in the Chula Vista
Municipal Code.
CURRENT YEAR FISCAL IMPACT
No fiscal impact is anticipated for the current fiscal year
2-3
6/19/2012, Item No. 2-
Page 4 of 4
ONGOING FISCAL IMPACT
No fiscal impact is anticipated in the future.
ATTACHMENTS
1. San Diego County Guidelines For Allowing Dog Into Outdoor Patio Dining.
2. Proposed Ordinance Revisions.
Prepared by: Carol A. Trujillo, Deputy City Attorney, City Attorney's Ofj7ce
J1Aaomey\Chance Hawkins\5[aff Reps & Ords\S[£Report-Dogs.Parios.doc
2-4
l,~ wa4aM ~ Lv OF i~Nf!
U
' °~~~ ~DtltCtp Df ~~IY ~iEgD `J" ~E°
n
"".y""o Department of Environmental Health ~~
n "
~~" Food and Housing Division
4'yy,~ o
M'
r~vixo~"
GUIDELINES FOR ALLOWING DOGS INTO OUTDOOR PATIO DINING
The Food & Housing Division (FHD) uses these guidelines to determine whether a food
facility operator who chooses to allow dogs in an outdoor patio dining area should be
cited for violating state law. A considerate consumer will follow these guidelines, and
any other rules set by an operator, to avoid putting patio dining opportunities at risk.
These guidelines do not override any applicable law.
For the restaurant operator:
• Service animals for people with disabilities can be allowed in any dining area.
With the exception of service animals, no animals are allowed in indoor dining
areas. The operator must determine whether each animal allowed in an indoor
dining area is a service animal.
• Patrons may only bring dogs into outdoor patio dining areas directly from
outdoors. The dog may not go through any other part of the food facility.
• The dog must be on a leash.
• Food facility workers may not prepare food in or near the outdoor dining area;
this includes dispensing or mixing of drinks and ice. However, a beverage glass
may be re-filled on the patio from a pitcher or other container.
• Employees can't touch the animals. Employees must clean and sanitize any
accidents involving dog's bodily fluids and waste. Permissible areas should
possess smooth, cleanable surfaces.
. Tableware will not be preset in the outdoor dining area.
• A sign visible to the public may be posted indicating access to the "Dog Friendly
Outdoor Patio Area".
• The permissible patio area should be well ventilated.
• Hand sanitizer may be made available in the "Dog Friendly Patio."
For the consumer:
• Make sure your dog is well-behaved and on a leash. FHD expects operators to
exclude undisciplined, uncontrolled and/or aggressive dogs.
• Do not walk or carry your dog through the restaurant to get to the patio area.
• Keep your dog close to you but not on surfaces such as tabletops and chairs, or
any other surface intended for human use.
• Do not let your dog eat or drink out of the restaurant glassware or dishware. The
restaurant may provide single use disposable containers.
• Clean up after your dog and notify the restaurant staff so they can do additional
cleanup when necessary.
The presence of dogs in the outdoor dining area must not create a sanitation
nuisance.
"Environmental and public health through leadership, partnership and science
2-5
ORDNANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
MUNIC[PAL CODE SECTION 6.24.130 TO ALLOW DOGS LN
OUTDOOR DINING AREAS AT THE DISCRETION OF THE
FACILITY OPERATOR AND AMENDING MUNICIPAL CODE
SECTION 6.24.180 TO REDUCE INFRACTION PENALTY
FINES
WHEREAS, the Chula Vista City Council in March 2012 amended portions of Title 6,
Animals, of the Municipal Code to update existing sections and to add new ones to enhance the
save rate of dogs and cats at the City Animal Care Facility; and
WHEREAS, the City Council directed staff to explore revising an existing code section
to allow pet dogs in outdoor dining areas, at the discretion of the facility operator; and
WHEREAS, staff researched California health and sanitation laws applicable to retail
food facilities, such as restaurants, and guidelines for allowing pet dogs into outdoor diningareas
published by [he San Diego County Department of Environmental Health, which enforces
applicable state laws at retail food facilities; and
WHEREAS, current County of San Diego Department of Environmental Health
guidelines allow pet dogs in outdoor dining areas, at the discretion of the facility operator, when
the outdoor dining area is accessible from the outdoors such that dogs do not enter any other part
of the food facility; and
WHEREAS, numerous restaurants in the San Diego area allow pet dogs in outdoor dining
areas accessible from outdoors. Allowing pet dogs onto outdoor dining areas in Chula Vista, at
the discretion of the facility owner, would encourage those who want to dine outdoors with their
dogs to do so locally; and
WHEREAS, service animals are permitted in any dining area, indoors or outdoors, in
compliance with disability laws and are not subject to County guidelines for pet dogs in outdoor
dining areas; and
WHEREAS, Section 6.24.!30 of the Chula Vista Municipal Code must be amended to
allow dogs on outdoor dining areas of restaurants, a[ the discretion of the facility operator; and
WHEREAS, Section 6.24.180 of the Chula Vista Municipal Code needs to be amended to
reduce the infraction fine amounts to make the fine amounts consistent with the standard fine
amounts contained in the Chula Vista Municipal Code.
NOW THEREFORE, with the above recitations incorporated herein, the City Council of
the City of Chula Vista does ordain as follows:
2-6
Ordinance
Page 2
Section I. That Chula Vista Municipal Code Section 6.24.130 is amended to read as follows:
6.24.130 Entering food establishments prohibited -outdoor dining areas accessible from
outdoors excepted.
It is unlawful for any person owning, having an interest in, harboring or having the care, charge,
control, custody or possession of any dog to permit such dog to enter any restaurant, grocery
store, milk depot, fruit or vegetable market, meat market, or any other place of business in the
City where food or foodstuffs of any character used for human consumption is manufactured,
sold, served or handled; provided however, that this shall not apply to service animals.
At the discretion of the food facility operator pet dotes are permitted in outdoor seating and
dining areas of restaurants provided that the outdoor area is accessible from the outdoors and
dogs do not enter Inv other part of the facility to access the outdoor area. Food facility operators
are encouraged to follow guidelines published by the County of San Diego's Department of
Environmental Health and to work cooperatively with County inspectors to ensure compliance
with applicable California laws on food safety health and sanitation Dog owners must comply
with other sections of this code including leashinv their doll picking up waste and preventi n~
their dog fi'om biting or hlrassing another person Service animals are allowed in any dining
area- indoor or outdoor.
And that Chula Vista Municipal Code Section 6.24.180 is amended to read as follows:
6.24.180 Designated violations- Misdemeanors and infractions.
A. Any person convicted of an infraction under the provisions of this Code, unless
provision is otherwise made in this Code, is punishable by fine only as follows:
]. A fine not exceeding one hundred~lollars for a first violation;
2. A fine not exceeding two hundred~iollars for a second violation of the same
ordinance within one year;
3. A fine not exceeding five hundred dollars for each additional violation of the
same ordinance within one year.
B. Each such person shall be charged with a separate offense for each and every day
during any portion of which a violation of any provision of this Code is committed, continued or
permitted by such person, and shall, upon conviction, be punished accordingly.
C. In addition to the penalties provided in this Section, any condition caused or
permitted to exist in violation of any of the provisions of this Code shall be deemed a public
nuisance, and may be summarily abated as such by this City; and each day that such condition
continues shall be regarded as a new and separate offense.
D. A violation of this code may be subject to an administrative citation.
Section [I. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
__
-rDeleted: filly
'Deleted: FRY_ _ _. ... _ _. j
2-~
Ordinance
Page 3
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares Yhat it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented By:
R
Mariya Anton
Animal Care Facility Manager
1:Waomey\Chance Hawkins\5laff Reps & Ords\OrdDOgs.Patios.doc
Approved as to form by:
-. ~!~ X02 ~o
Glen R. Googin
City Attorney
2-S