Fort Walton Beach Council agenda — 10-11-11 regular — reading text

documents referenced herein, the documents shall prevail in I E C13. Telephone Numbers The terms and conditions associated with following order: ( i) the applicable Cox tariff or SG, ( 11) the terms e y telephone numbers associated with Services are set forth in the Cox conditions contained on the iVUIP Webslte, and ( Ili) the terms a 0 tariffs or, if applicable, the SG. Cox will be the carrier of record for Customers assigned telephone numbers, and numbers that are ported conditions set forth In this Agreement. The invalidity or unenforceabi Q of any term or condition of this Agreement shall not affect the validity to Cox from another carrier. These numbers, while not the property of enforceability of any other provision. Except as provided herein, t Customer, are reserved for their sole usage during the time Service is Agreement may be modified, waived, or amended only by a wnti active with Cox, and can be retained for Customer' s use if parted to instrument signed by the parties. The rights and obligations of I another carrier at the termination or expiration of this Agreement. All parties under this Agreement shall be governed by the laws of the at. number assignments and use shall be subject to the rules and where Services are Installed. The failure by either parry to exercise c regulations of the North Amencen Numbering Plan Administrator. Any or more rights provided in this Agreement shall not be deemed a war telephone number designated by Cox in advance of the activation of Cox of Me right to exercise such right in the future. Notices required by t telephone Service is subject to change by Cox. Additional terms and Agreement shall be in writing and shall be delivered by memit conditions regarding telephone numbers are contained In Cox tariffs) courser, hand delivery or regular mall M the other party at the addn or, if applicable, the SG. Certain 10 digit dialed Intral- ata calls are billed on this Agreement. per minute long distance charges. Page 4 of 4 Packet Pg. 25  0 City Council of Fort Walton Beach ENGINEERING & UTILITY SERVICES To: Robert T. Meams, City Manager From: Michael Beedie, Engineering & Utility Services Director Date: October 11, 2011 Subject: MPB Case # 11 -09 -LD Ord 1854 Dog Friendly Dining 1. 1. 1. Section 509.233 of the Florida Statutes authorizes local governments to adopt an ordinance amending the Land Development Code to establish a local exemption to certain provisions and rules relating to public food service establishments. This provision allows patrons' dogs at certain designated outdoor portions of establishments using a permit process. 1. 2. On June 24, 2008, City Council adopted Ordinance 1764, enacting the original dog - friendly dining provisions in Chapter 19 of the Land Development Code. Ordinance 1764 included an expiration date for these provisions of June 24, 2011. 2. DISCUSSION: 2. 1. Ordinance 1854 re- enacts the dog -friendly dining provisions into the Land Development Code permanently. The ordinance contains statutory language outlining the local permit process for dog -friendly dining. 3. FINANCIAL INFORMATION: 3. 1. There is no direct financial impact to the City. 4. RECOMMENDATION: 4. 1. Staff respectfully recommends approval of Ordinance 1854 to permanently create a section in Chapter 19 of the Land Development Code to provide for a permit process for dog -friendly dining. ATTACHMENTS: Ordinance 1854 - Dog Friendly Dining ( DOC) SIGNATURE BLOCK: Stella Jones Completed 09/ 28/ 20112: 24 PM  F-17. Tim Bolduc Completed 09/ 30/ 2011 1: 29 PM Michael Beedie Con pleted 09/ 30/20114: 43 PM Carole Jones Completed 10/ 03/ 2011 10: 22 AM City Manager Completed 10/ 03/ 2011 10: 23 AM Municipal Planning Board Pending City Council Pending Packet Pg. 27  11. t. a ORDINANCE NO. 1854 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 19 ENTITLED SUPPLEMENTAL STANDARDS" OF THE LAND DEVELOPMENT CODE, BY CREATING ARTICLE 19.40, ENTITLED " DOG FRIENDLY DINING; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority The authority for enactment of this ordinance is pursuant to section 2 of the City Charter of the City of Fort Walton Beach, and sections 166.021( l) and 509. 233 of the Florida Statutes. Section 2. Purpose and Intent The purpose of this ordinance is to exempt by permit public food service establishments from certain portions of the State of Florida' s Food Code in order to allow patrons' dogs within designated outdoor portions of their respective establishments. Section 509.233 of the Florida Statutes authorizes local governments to adopt an ordinance establishing a local exemption to certain provisions of general law and agency rules relating to public food service establishments to permit patrons' dogs at certain designated outdoor portions of such establishments. The City Council recognizes the demand for such establishments and hereby finds and determines that this ordinance is in the best interest of the public health, safety, and welfare, and is consistent with the applicable provisions of the City' s Land Development Code. Section 3. Amendment of Chapter 19 to create Section 19. 40 " Dog Friendly Dining" The City Land Development Code is hereby amended as follows: City of Fort Walton Beach Dog Friendly Dining Program 2) " Dog" means an animal of the subspecies Canis lupus familiaris 3) " Outdoor area" means an area adjacent to a public food service establishment that is predominantly or totally free of any physical barrier on all sides and above  F,1. 1. a 4) " Patron" has the meaning given to " guest" by section 509. 013, Florida Statutes 5) " Public food service establishment" has the meaning given it by section 509. 01_3 Florida Statutes. 6) " City" means the staff position or department designated by the City Manager to oerform the necessary functions contained in this section ve it issued in accordance with this part 1) The name. mailing address, and telephone contact information of the permit applicant and the subject food service establishment r c0 Ka, professional. ccw0 3) A description of the days of the week and hours of operation that Patron' dogs will be 9CTd LL Permitted in the designated outdoor area. 0 0 4) All application materials shall contain the appropriate division issued license number for the subiect public food service establishment Packet Pg. 29  ww handling tableware or before entering other parts of the public food service establishment. 2) Patrons in a designated outdoor area shall be advised that they should wash their hands before eating Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. 4) Patrons shall keep their dogs on a leash at all times and shall keep their does under reasonable control. 5) Does shall not be allowed on chairs, tables, or other fumishings 6) All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from the floor or ground between seating of patrons. n size.  WA shall be not less than eight and one -half inches in width and eleven inches in height ( 8 x l 1) and printed in easily legible typeface of not less than twenty ( 20) point font size establishment. law. Section 4. Repeal of Conflicting Provisions In the event any ordinance or parts of ordinances we in conflict with any other provision of the Code, the provisions of this Ordinance shall prevail. Section 5. Severability Should any provision or portion of any provision in this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions thereof. Section 6. Effective Date This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. 2011. Adopted Mike Anderson, Mayor Attest: Approved for form and legal sufficiency. Packet Pg. 31  0 Helen Spencer, City Clerk Hayward Dykes, City Attorney New language is underlined; deleted language is skiekes. Codification