HomeMy WebLinkAbout2012/07/10 Item 03ORDNANCE NO. ADOp¶QN
ORDINANCE OF THE CITY OF CHULA VISTA AtvfENSt~OND READING AND
MUNICIPAL CODE SECTION 6.24.130 TO ALLOW DOGS IN
OUTDOOR DINING AREAS AT THE DISCRETION OF THE
FACILITY OPERATOR AND AMENDING MWICfPAL CODE
SECTION 6.24.180 TO REDUCE MFRACTION PENALTY
FINES
WHEREAS, [he 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 .Mimal 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 the 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 [he 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 chose who want to dine outdoors with [heir
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 6.24.130 of the Chula Vista Municipal Code must be amended to
allow dogs on outdoor dining areas of restaurants, at 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 [o 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:
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Ordinance
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Section I. That Chula Vista Municipa{ Code Section 6.24.130 is amended to read as follows:
6.24.130 Entering food establishments prohibited - outdoo d~nine 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, [hat this shall no[ apply to service animals.
And that Chula Vista Municipal Code Section 6.24.(80 is amended to read as follows:
6.24.180 Designated violations- Misdemeanocs and infractions.
A. Any person convicted of an infraction under the provisions of this Code, unless
provision is otherwise made in [his Code, is punishable by' fine only as follows:
I. A fine not exceeding one hundred dollars for a first violation; _ _
2. A fine not exceeding two Itundreddollats for a second violation of the same
ordinance within one year;
3. .4 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 II. 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
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-- =LDeleted: fifty _-_
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with applicable California laws on food satety healtn one sannauon. vua uwuc„ ,,,~~. ....,,, ~~,.
w th other sections of this code including leashim* their do^ Dickin^ up waste and prevennnv
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Ordinance
Page s
unconstitutionality shall no[ 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 declazes that 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 6e declared invalid, unenforceable or unconstitutional.
Section [II. 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 Dale
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:
B~•~-
Mariya Anton
Animal Care Facility Manager
1'Wnomry\Chence HawkinslSmn Rcps & Ortls\nranoys.Pa,iox.doc
Approved as to form by:
~-- L.. !~ ~c~2 C'o C
Glen R. Googin
City Attorney
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