Item 7AAGENDA ITEM # 7A
OCTOBER 13, 2008
ORDINANCE NUMBER 95-08-97
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, ALLOWING
DOGS WITHIN THE OUTDOOR DINING AREAS OF
RESTAURANTS UNDER CERTAIN CONDITIONS AS SET
FORTH WITHIN FLORIDA STATUTES, SECTION 509.233,
KNOWN AS THE DIXIE CUP CLARY LOCAL CONTROL ACT
PROVIDING AN EFFECTIVE DATE AND AN EXPIRATION
DATE.
WHEREAS, the City of Atlantic Beach does not currently prohibit or object to
dogs in the outside dining areas of restaurants provided that dogs are otherwise maintained
in accordance with Chapter 4 of the City's Municipal Code of Ordinances, which
establishes provisions related to Animals, and
WHEREAS, The Dixie Cup Clary Local Control Act, §509.233, Florida Statutes
(the "Act") requires local governments to enact an ordinance and issue a permit to
restaurants to allow dogs in outdoor dining azeas in accordance with the terms and
conditions as set forth within the Act in order to avoid risk of citation and penalty from the
Florida Division of Hotels and Restaurants, and
WHEREAS, at the request of citizens and restaurant owners, it is the intent of the
City Commission to continue to allow dogs in the outdoor dining areas of restaurants in a
manner consistent with the Act's three yeaz pilot program, and
WHEREAS, a public hearing to enact this Ordinance was held by the City
Commission for the City of Atlantic Beach on October 13, 2008.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The Act requires the City to adopt an ordinance and also the
issuance of a permit to restaurants that provides an exemption from Section 6-501.115 of
the Food and Drug Administration Food Code in order to allow dogs in the outdoor dining
azeas of restaurants.
SECTION 2. The City Manager is hereby authorized to issue such permit
following the application on a form as provided by the City accompanied by a certified
statement that the restaurant seeking such permit has complied with all requirements of
§509.233, Florida Statutes.
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Ordinance 95-08-97
AGENDA ITEM # 7A
OCTOBER 13, 2008
SECTION 3. This ordinance in no manner assumes responsibility, obligation, or
liability for any functions of the Florida Division of Hotels and Restaurants for the proper
operations of such businesses as established by State and Federal laws.
SECTION 4. This Ordinance shall take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the City
of Atlantic Beach, Florida, in accordance with Section 125.68, Florida Statutes, but shall
not be codified as part of the City's Municipal Code of Ordinances in that the Act is a
pilot program which shall automatically expire on July Ol, 2009 unless re-enacted by
action of the Legislature.
SECTION 5. 'This Ordinance shall expire July Ol, 2009.
Passed on first reading by the City Commission of the City of Atlantic Beach the 22nd day
of September, 2008. Passed on final reading and public hearing the 13th day of October,
2008.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
DONNA L. BARTLE, CMC
City Clerk
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Ordinance 95-08-97