A.

Purpose and Intent; a Program Created; Definitions.

(1)

The purpose and intent of this part is to implement the program established by Section 509.233, Florida Statutes, by permitting public food service establishments within the City of Ocoee, Florida, subject to the terms and contained herein, to become exempt from certain portions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the Division, in order to allow patrons' dogs within certain designated outdoor portions of their respective establishments.

(2)

Pursuant to Section 509.233(2), Florida Statutes, there is hereby created in the City of Ocoee, Florida, a local exemption procedure to certain provisions of the United States Food and Drug Administration Food Code, as amended from time to time, and as adopted by the Division, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments, which exemption procedure may be known as the City of Ocoee Dog Friendly Dining Program.

(3)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Department means the City of Ocoee Development Services Department.

Division means the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation.

Dog means an animal of the subspecies Canis lupus familiaris.

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.

Patron has the meaning given to "guest" in Section 509.013, Florida Statutes.

Permit means a Dog Friendly Dining Program Permit.

Public Food Service Establishment has the meaning given it by Section 509.013, Florida Statutes.

B.

Permit Required; Submittals.

(1)

In order to protect the health, safety, and general welfare of the public, a public food service establishment is prohibited from having any dog on its premises unless it possesses a valid Permit issued in accordance with this part.

(2)

Applications for a Permit under this part shall be made to the Department, on a form provided for such purpose by the Department, and shall include, along with any other such information deemed reasonably necessary by the Department in order to implement and enforce the provisions of this part, the following:

(a)

The name, location, and mailing address of the subject public food service establishment.

(b)

The name, mailing location, and telephone contact information of the Permit applicant.

(c)

A notarized written authorization from the owner of the property on which the public food service establishment is located if the applicant is not the owner.

(d)

A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, restaurant equipment, and dog waste cleaning kit, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of any other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information reasonably required by the Department. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional.

(e)

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area.

(f)

All application materials shall contain the appropriate Division-issued license number for the subject public food service establishment.

(g)

Payment of a nonrefundable annual application fee in the amount of one hundred dollars ($100).

C.

General Regulations; Cooperation; Enforcement.

(1)

In order to protect the health, safety, and general welfare of the public, and pursuant to Section 509.233, Florida Statutes, all Permits issued pursuant to this part are subject to the following requirements:

(a)

All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog. Employees shall be prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or handling tableware or before entering other parts of the public food service establishment.

(b)

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.

(c)

Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations; provided, however, that dishes specifically dedicated for use by dogs shall be permitted.

(d)

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.

(e)

Dogs shall not be allowed on chairs, tables, or other furnishings.

(f)

All table and chair surfaces shall be cleaned and sanitized with an approved product between the seating of patrons. Spilled food and drink shall be removed from the floor or ground between the seating of patrons.

(g)

Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept within ten (10) feet of the designated outdoor area.

(h)

At least one (1) sign reminding employees of the applicable rules, including those contained in this part, and those additional rules and regulations, if any, included as further conditions of the Permit by the Department, shall be posted in a conspicuous location frequented by employees within the public food service establishment. The mandatory sign shall be not less than eight and one-half (8½) inches in width and eleven (11) inches in height and printed in an easily legible typeface of not less than a twenty-point font size.

(i)

At least one (1) sign reminding patrons of the applicable rules, including those contained in this part, and those additional rules and regulations, if any, included as further conditions of the Permit by the Department, shall be posted in a conspicuous location within the designated outdoor portion of the public food service establishment. The mandatory sign shall be not less than eight and one-half (8½) inches in width and eleven (11) inches in height and printed in an easily legible typeface of not less than twenty-point font size.

(j)

At all times while the designated outdoor portion of the public food service establishment is available to patrons and their dogs, at least one (1) sign shall be posted in a conspicuous and public location near the entrance to the designated outdoor portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the public food service establishment is currently available to patrons accompanied by their dog or dogs. This sign must include notice to all patrons advising that dogs who have been classified as "dangerous dogs," as defined by Section 767.11, Florida Statutes, or dogs for whom Orange County Animal Services Division has a record of propensity towards aggressive behavior, shall not be permitted within any portion of the public food services establishment. The mandatory sign shall be not less than eight and one-half (8½) inches in width and eleven (11) inches in height and printed in an easily legible typeface of not less than twenty-point font size.

(k)

A public food service establishment shall report to Orange County's Animal Services Division and the Department, any and all incidents in which, while on the premises of the public food service establishment, a dog bites, attacks, endangers, and/or inflicts any injury upon any patron or employee of the food service establishment, or inflicts any injury upon any other live animal on the premises of the public food service establishment, whether the live animal is of a domesticated nature or not.

(l)

Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portion of the public food service establishment shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment.

(2)

A Permit issued pursuant to this part shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment and shall expire automatically upon such sale or transfer. A subsequent owner shall be required to apply for a Permit pursuant to this part if the subsequent owner wishes to accommodate patrons' dogs.

(3)

In accordance with Section 509.233(5), Florida Statutes, the Department shall accept and document complaints related to the dog friendly dining program within the City of Ocoee, Florida, and shall timely report to the Division all such complaints and the city's enforcement response to such complaint. The Department shall also timely provide the Division with a copy of all approved applications and permits issued pursuant to this part.

(4)

The provisions of this Section may be enforced by code enforcement or law enforcement personnel. Any public food service establishment that fails to comply with the requirements of this Section shall be guilty of violating the City of Ocoee Code and shall be subject to all enforcement proceedings provided in general law and in the City of Ocoee Code, including Chapter 7, Code Enforcement action, Section 1-12, penalties for offenses and Chapter 16, Violations. If a violation is deemed to be a public nuisance or a public safety issue, the City may seek injunctive or declaratory relief or other civil remedy. Remedies may include fines, in accordance with Chapter 16 Fine and Fee schedule, as amended, penalties, and/or a revocation of a Permit and nonrenewal of a Permit. Each day a violation exists it shall constitute a new and separate offense.

Exhibit "A" to Ordinance 98-12 (referenced in Section 5-3.2)

The Ocoee State Road 50 Special Development Plan, also referenced in Section 5-3.2 and part of Ordinance 98-12, may be purchased from the City of Ocoee Planning Division.

* Bars and Cocktail Lounges are permitted by Special Exception in the C-2 zoning district, except as otherwise specifically permitted by separate ordinance or elsewhere in the Code.

** In Special Overlay Districts:

1.

Facilities shall be limited to three (3) bays, unless a waiver is granted by the City Commission.

2.

No bays shall be visible from any public right-of-way.

*** In Special Overlay Districts:

1.

New drive-through fast food restaurants may not have access or be located directly onto an arterial or collector roadway as designated by the City of Ocoee.

2.

No drive-through lane(s) shall be visible from any public right-of-way.

**** In Special Overlay Districts:

1.

Self-storage is permitted only as an accessory use. An accessory use shall be defined as no more than thirty-five (35) percent of the building or parcel of land may be used for self-storage. If the mix of uses is separated on site, the self-storage area(s) visible from the roadways must be lined with office or retail frontage.

2.

Any self-storage facility with frontage on an arterial street must be located behind a retail business.

***** Refer to Section 5-15B Procedure for approval of a major community residential home.