LEGISLATIVE HISTORY
ORDINANCE NO. BL2010-761
An ordinance amending Chapter 8.04 of the Metropolitan Code to authorize the presence of pet dogs in outdoor dining areas of restaurants.
WHEREAS, Tennessee Code Annotated § 6-54-135 authorizes counties and municipalities with a population of at least 100,000, upon the enactment of an ordinance, to authorize the presence of pet dogs in outdoor dining areas of restaurants; and
WHEREAS, the Metropolitan Government of Nashville and Davidson County satisfies the population qualifications outlined in T.C.A. § 6-54-135 in order to allow pet dogs in restaurant outdoor dining areas; and
WHEREAS, ordinances enacted in accordance with T.C.A. § 6-54-135 must provide a process by which restaurant owners desiring to allow pet dogs on their premises may apply for a permit issued by the Metropolitan Government and remit a fee as provided herein.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Chapter 8.04 of the Metropolitan Code is hereby amended by adding the following new Section 8.04.190:
8.04.190 Pet dogs in outdoor dining areas at restaurants.
A. Definition of "pet dog." For purposes of this section, "pet dog" means a dog other than a service or guide dog assisting a person with a disability or a dog actually engaged in training to become a service or guide dog.
B. Permit authorizing pet dogs in outdoor dining areas of restaurants. The owner or proprietor of any restaurant which maintains an outdoor dining area may apply to the department for a permit authorizing persons to allow pet dogs to be present upon the premises of the outdoor dining area subject to the following terms and conditions:
1. No pet dog shall be present in the interior of any restaurant or in any area where food is prepared;
2. The restaurant shall have the right to refuse to serve the owner of a pet dog if the owner fails to exercise reasonable control over the pet dog or the pet dog otherwise is behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant;
3. All restaurant employees shall wash their hands promptly after touching, petting or otherwise handling a pet dog. Employees shall be prohibited from touching, petting or otherwise handling pet dogs while serving food or beverages, or handling tableware, or before entering other parts of the public food service establishment;
4. Employees and patrons shall be instructed that they shall not allow pet dogs to come into contact with serving dishes, utensils, tableware, linens, paper products or any other items involved in food service operations;
5. Patrons shall keep their pet dogs on a non-retractable leash no longer than six (6) feet at all times and keep their pet dogs under reasonable control;
6. Pet dogs shall not be allowed on chairs, tables or other furnishings;
7. Accidents involving pet 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 near the designated outdoor area;
8. A sign or signs reminding employees and patrons of the applicable rules shall be posted in a visible location upon the premises of the outdoor dining area.
9. Pet dogs shall not be permitted to travel through indoor or nondesignated portions of the restaurant, and ingress and egress to the designated outdoor portions of the restaurant shall not require entrance into or passage through any indoor area of the restaurant.
C. Permit fee. Any restaurant owner and/or proprietor wishing to obtain a permit authorizing pet dogs in outdoor dining areas shall complete an application form provided by the department and pay a permit fee in the amount of twenty dollars ($20.00). The application shall request such information as deemed appropriate by the department, including, but not limited to, the names and contact information for at least one (1) person responsible for management of the business during all hours when the business is open to the public. The application also shall contain a certification that the applicant is aware of all laws, ordinances, rules and regulations pertaining to permitting dogs to be in outdoor dining areas, together with an affirmative statement to be signed by the applicant verifying that the applicant shall abide by all such laws, ordinances, rules and regulations at all times.
D. Any applicant/permittee shall fully cooperate with any governmental entity having responsibility for enforcement of Title 53, Chapter 1 of the Tennessee Code, and any other applicable statutes and ordinances.
E. Revocation of permit. Any violation of this part by the holder of the permit shall, upon conviction, result in a fine not to exceed fifty dollars ($50.00) for each offense and shall also subject the permit holder to revocation of the permit.
F. Enforcement. Obligations imposed by this ordinance on the owner of or person responsible for a pet dog shall be enforced against the owner or the person responsible for the dog. Obligations imposed by this ordinance on the restaurant or the employees thereof shall be enforced against the manager of the restaurant. Obligations that may reasonably be construed as being imposed against either the owner of or person responsible for a pet dog, or the restaurant or the employees thereof, may be enforced against the owner of or person responsible for the pet dog, or the manager of the restaurant, or both.
Sponsored by: Karen Bennett
Amendment No. 1
To
Ordinance No. BL2010-761
Madam President:
I move to amendment Ordinance No. BL2010-761 by deleting Section 1 in its entirety and substituting with the following new Section 1:
“Section 1. That Chapter 8.04 of the Metropolitan Code is hereby amended by adding the following new Section 8.04.190:
8.04.190 Pet dogs in outdoor dining areas at restaurants.
A. Definition of "pet dog." For purposes of this section, "pet dog" means a dog other than a service or guide dog assisting a person with a disability or a dog actually engaged in training to become a service or guide dog.
B. Permit authorizing pet dogs in outdoor dining areas of restaurants. The owner or proprietor of any restaurant which maintains an outdoor dining area may apply to the department for a permit authorizing persons to allow pet dogs to be present upon the premises of the outdoor dining area subject to the following terms and conditions:
1. All pet dogs brought upon the premises of a restaurant outdoor dining area shall have a current rabies vaccination and current license tag affixed to the dog’s collar as required by Chapter 8.04 of the Metropolitan Code.
2. No pet dog shall be present in the interior of any restaurant or in any area where food is prepared;
3. The restaurant shall have the right to refuse to serve the owner of a pet dog if the owner fails to exercise reasonable control over the pet dog or the pet dog otherwise is behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant;
4. All restaurant employees shall wash their hands promptly after touching, petting or otherwise handling a pet dog. Employees shall be prohibited from touching, petting or otherwise handling pet dogs while serving food or beverages, or handling tableware, or before entering other parts of the public food service establishment;
5. Employees and patrons shall be instructed that they shall not allow pet dogs to come into contact with serving dishes, utensils, tableware, linens, paper products or any other items involved in food service operations;
6. Patrons shall keep their pet dogs on a non-retractable leash no longer than six (6) feet at all times and keep their pet dogs under reasonable control;
7. Pet dogs shall not be allowed on chairs, tables or other furnishings;
8. Accidents involving pet 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 near the designated outdoor area;
9. A sign or signs reminding employees and patrons of the applicable rules shall be posted in a visible location upon the premises of the outdoor dining area.
10. Pet dogs shall not be permitted to travel through indoor or nondesignated portions of the restaurant, and ingress and egress to the designated outdoor portions of the restaurant shall not require entrance into or passage through any indoor area of the restaurant.
C. Permit fee. Any restaurant owner and/or proprietor wishing to obtain a permit authorizing pet dogs in outdoor dining areas shall complete an application form provided by the department and pay an annual permit fee in the amount of twenty dollars ($20.00). The application shall request such information as deemed appropriate by the department, including, but not limited to, the names and contact information for at least one (1) person responsible for management of the business during all hours when the business is open to the public. The application also shall contain a certification that the applicant is aware of all laws, ordinances, rules and regulations pertaining to permitting dogs to be in outdoor dining areas, together with an affirmative statement to be signed by the applicant verifying that the applicant shall abide by all such laws, ordinances, rules and regulations at all times.
D. Any applicant/permittee shall fully cooperate with any governmental entity having responsibility for enforcement of Title 53, Chapter 1 of the Tennessee Code, and any other applicable statutes and ordinances.
E. Enforcement. Obligations imposed by this ordinance on the owner of or person responsible for a pet dog shall be enforced against the owner or the person responsible for the dog. Obligations imposed by this Section on the restaurant or the employees thereof shall be enforced against the employee(s) or agent(s) of the restaurant responsible for the violation. Obligations that may reasonably be construed as being imposed against either the owner of or person responsible for a pet dog, or the employee(s) or agent(s) of the restaurant, may be enforced against the owner of or person responsible for the pet dog, or the employee(s) or agent(s) of the restaurant responsible for the violation, or both. Any violation of this Section by an agent or employee of the restaurant, or by the owner of or person responsible for the pet dog shall result in a fine not to exceed fifty dollars ($50.00) for each offense. The owner or person responsible for a pet dog that fails to clean up dog waste within a restaurant outdoor dining area as required by subsection B.8 of this Section shall not be cited under Section 8.04.180 of the Metropolitan Code, but shall be cited under the provisions of this Section.
F. Revocation of Permit. In addition to the penalties set forth in subsection E. of this Section, any violation of this ordinance by the holder of the permit shall also subject the permit holder to revocation of the permit.
Sponsored by: Karen Bennett
| LEGISLATIVE HISTORY |
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|---|---|
| Introduced: | September 21, 2010 |
| Passed First Reading: | September 21, 2010 |
| Referred to: | Health, Hospitals and Social Services Committee |
| Amended: | October 5, 2010 |
| Passed Second Reading: | October 5, 2010 |
| Passed Third Reading: | October 19, 2010 |
| Approved: | October 20, 2010 |
| By: | |