HomeMy WebLinkAboutOrdinance No. 4356 - Second Reading Amend RCO 106B Outdoor Dog Areas
ORDINANCE NO. _____
AN ORDINANCE AMENDING SECTIONS 106B.02 AND 106B.03
AND REPEALING SECTIONS 106B.04, 106B.05, 106B.06, AND
106B.07 OF CHAPTER 106B OF THE ROCHESTER CODE OF
ORDINANCES, REGARDING AUTHORIZING OUTDOOR DOG
AREAS.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Section 106B.02 of the Rochester Code of Ordinances is hereby amended to
read as follows:
Subdivision 1. For purposes of this Chapter, the following terms, phrases, words and their
derivatives shall have the meanings given herein.
Subd. 2. The term “Dangerous and Potentially Dangerous Dog” has the meaning specified
in Minnesota Statutes Section 347.50 and Chapter 106A of this Code.
Subd. 3. The term “Designated Outdoor Dog Area” means a specifically identified and
defined outdoor area located on the premises of a licensed food or liquor establishment
which has been approved by the City Clerk.
Subd. 4. The term “Food Establishment” means an establishment licensed by the Olmsted
County Public Health Department to serve food to the public.
Subd. 5. The term “Liquor Establishment” means an establishment licensed by Chapter
125A of this Code.
Subd. 6. The term “Other Person in Charge” has the meaning specified in the
Minnesota Clear Indoor Act Rules, Minnesota Rules, Part 4620.0100, subpart 10.
Subd. 76. The term “Outdoor Area” means any area utilized for food or beverage
service and consumption located on the licensed premises of a Food or Liquor
Establishment, but shall not include any “indoor area” as that term is defined by Minnesota
Statutes, Section 144.413.
Section 2. Section 106B.03 of the Rochester Code of Ordinances is hereby amended to
read as follows:
106B.03. Designated Outdoor Dog Areas Authorized. Subdivision 1. A licensed
Food and Liquor Establishment shall be eligible to apply for an Outdoor Dog Permit
to allow dogs to accompany persons patronizing a Designated Outdoor Dog Area.
The Designated Outdoor Dog Area shall be limited to an approved Outdoor Area.
An Outdoor Dog Permit shall be valid for one day.
Subd. 2. An applicant seeking approval for a Designated Outdoor Dog Area shall
provide the following required information on an application as required by the City
Clerk:
A. The name, location, and mailing address of the establishment;
B. The name, mailing address, and telephone contact information of the
applicant;
C. A description of the Designated Outdoor Area in which the applicant
intends to allow dogs; and
D. A description of the date and time days of the week and hours of
operation that patrons’ dogs will be permitted in the Designated Outdoor
Area.
Subd. 3. An Outdoor Dog Permit is not transferable or assignable and expires
automatically upon the sale of the establishment.
Subd.4. The fee for an Outdoor Dog Permit is shall be set by resolution of the
Council.
Subd. 5. Any Outdoor Dog Permit holder shall clearly print and post signs so they
are conspicuous to employees and patrons stating:
A. Employees must be prohibited from touching, petting, or otherwise
handling dogs; should any employee inadvertently touch or otherwise handle
a dog, the employee shall promptly wash and clean their hands and
exposed portions of their arms;
B. Employees and patrons must not allow dogs to come into contact with
serving dishes, utensils, tableware, linens, paper products, or any other
items involved in food service operations;
C. Patrons must keep their dogs on a leash at all times and must keep
their dogs under reasonable control;
D. The establishment shall provide an adequate number of water dishes
for the sole use of dogs;
E. Dogs must not be allowed on chairs, tables, or other furnishings;
F. Dog waste must be cleaned immediately and the area sanitized; and
G. Dangerous and potentially dangerous dogs shall not accompany
patrons into the establishment
Subd. 6 Penalties. Failure of any proprietor or person in charge to comply
with the requirements in this Section shall be grounds for denial, non-
renewal, revocation or suspension of the Outdoor Dog Permit.
Section 3. Sections 106B.04, 106B.05, 106B.06 and 106B.07 are hereby repealed.
Section 4. This Ordinance shall become effective upon the date of its publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _____ DAY OF ________________, 2018.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: ____________________
CITY CLERK
APPROVED THIS _____ DAY OF ___________________, 2018.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/106B.03 2018 Amend