HomeMy WebLinkAboutOrd 2012-3231ORDINANCE NO. 3231
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
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 dining areas
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 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 6.24.130 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 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:
Ordinance No. 3231
Page No. 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 caze,
chazge, 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 chazacter 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 dogs aze permitted in outdoor seating
and dining areas of restaurants, provided that the outdoor area is accessible from the outdoors
and dogs do not enter any other part of the facility to access the outdoor azea. Food facility
operators aze 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 leashing their dog, picking up
waste, and preventing their dog from biting or hazassing another person. Service animals aze
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:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollazs 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 yeaz.
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 regazded as a new and sepazate offense.
D. A violation of this code may be subject to an administrative citation.
Ordinance No. 3231
Page No. 3
Section IL 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
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 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 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
Approved as to form by
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Mariya nt Glen R. Googins
Anima Car Facility Manager Attorney
Ordinance No. 3231
Page No. 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of July 2012, by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
a
Cheryl Cox, Mayo
ATTEST:
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Donna R. Norris, CMC; City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3231 had its first reading at a regular meeting held on the 19th day of June 2012
and its second reading and adoption at a regular meeting of said City Council held on the 17th
day of July 2012; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
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Dat Donna R. Norris, CMC, City Clerk