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Home My WebLink About2012/07/17 Item 03~~tlf s 41.4 CffY flF CHIJI~ VI5f~4 OFFICE OF THE CITY ATTORNEY DATE: July 12, 2012 TO: Mayor & City Council FROM: Chance Hawkins, Deputy City Attorney (x23651 _~ SUBJECT: Re-Hearing For The Second Reading For Ordinance Amending Municipal Code Section 6.24.130 To Allow Dogs In Outdoor Dining Areas At Discretion of Facility Operator Out of an abundance of caution, City staff has determined that this item be placed for a second reading before City Council at a regular meeting. The item was previously approved for its second reading at Council's July 10`h, 2012 special meeting. The City Charter requires that ordinances be adopted "... at a regular or adjourned regular meeting." See City Charter Sec. 311(a). The reason for re-adopting the ordinance for its second reading is to ensure that the adoption of the ordinance follows the City Charter. ORDRJANCE NO. AND ADOPTION ,y~OND READING ORDINANCE OF THE CITY OF CHULA VISTA Al.-IEN MUNICIPAL CODE SECTION 6.24.130 TO ALLOW DOGS IN OUTDOOR DIMNG AREAS AT THE DISCRETION OF THE FACILITY OPERATOR AND AMENDING MUD ICfPAL CODE SECTION 6.24.180 TO REDUCE fNFRACTION PENALTY FMES WHEREAS, the Chula Vista Ciry 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 restarched 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 Heakh, 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 [he outdoors such that dogs do not enter any other part of the food facility; and WHEREAS, numerotu restaurattts 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 those who want to dine outdows 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 614.130 of the Chula Vista Municipal Code must be amended to allow dogs on outdoor dining areas of restauranu, 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 rAnsisien[ with [he standard fine amounts contained in the Chula Vista Municipal Code. NOW THEREFORE, with the above recitations incorporated herein, the City Council of the Ci[y of Chula V ista does ordain as follows: 3-1 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 dininc 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, saved or handled; provided however, that [his shall not apply to sm¢e animals. A[ the discrei on o(the food fa-itity ooe aror oat does are oennitted in omdoer seatine and dininc areas of restaurants provided that the outdoor area is acccsstble from the outdoors and ~ C n.i f J, tnr~ with other sections of this code includ~nc leashine the'r do^ oickinc uo wast_e and oreventi n~ r__..__ -....,. i..,.., M.~.d m anv dmm. And chat Chula Vista Municipal Code Section 6.24.!80 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 [his Code, is punishable by fine only as follows: I . A fine not exceeding one hundred dollars for a first violazion; _ _ _ _ _ _ _ _ , _ 2. A fine not exceeding two hundred~ollars for a second vtolation of the same ordinance within one year, 3. .4 fine no[ 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 u such by this City: and each day that such condition continues shall be regarded as a new and uparate offense. D. A violation of this code may be subject to an administrative citation. Section Q. Severability If any portion of this Ordinance, or iu application m any person or circumstance, is for any reason held to be invalid, unrnforceable or unconstitutional, by a coon of competent jurisdiction, that portion shall be deemed severable, end such invalidiTy, unenforceabflity or -r axed: ffry _- -~ ...tea: ern ------j 3-2 Ordinance Page s unconstiwtionalicy shall not affect [he validity or cnforceabifity of the remaining portions of the Ordinance, or its application [o any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phraze 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 QL Constroction 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 consvued in light of that ioten[. Seclioa IV. Effective Date This Ordinance shall take effect and be in ford on the thirtieth day after its final passage. Section V. Publication The Ciry Clerk shall cc2ify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law, Present<d By: ~t~(. !'r Mariya Anton Animal Care Facility Manager 1'Nrtomry\tl,nrts nawkirs~5ua Repa & (htlr\nrdDoaa.Pnbv.doc Approved as to form by: L. !~' >tV2 (o Glen R. Googin City Attorney 3-3