18-69 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-69
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBSECTION (b), "AMENDMENTS," OF SECTION
6.04.002, "ADOPTION AND AMENDMENTS OF STATE HEALTH RULES" OF
ARTICLE 6.04, "FOOD, FOOD ESTABLISHMENTS, MOBILE FOOD UNITS,
AND TEMPORARY FOOD ESTABLISHMENTS," OF CHAPTER 6, "HEALTH
AND SANITATION" OF THE TOWN'S CODE OF ORDINANCES BY ADDING A
NEW AMENDMENT AMENDING SECTION 228.186(o) OF THE TEXAS FOOD
ESTABLISHMENT RULES TO ESTABLISH A VARIANCE PROCESS AND
REGULATIONS TO PERMIT DOGS ON THE PATIO OF A FOOD
ESTABLISHMENT; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has
investigated and determined that it will be advantageous, beneficial and in the best interests of
the citizens of the Town of Prosper, Texas ("Prosper") to amend existing Subsection (b),
"Amendments," of Section 6.04.002, "Adoption and Amendments of State Health Rules," of Article
6.04, "Food, Food Establishments, Mobile Food Units, and Temporary Food Establishment," of
Chapter 6, "Health and Sanitation," of the Town's Code of Ordinances by adding a new
amendment amending Section 228.186(o) of the Texas Food Establishment Rules, adopted by
reference in said Section 6.04.002, by establishing a variance process and regulations to permit
dogs on the patio of a food establishment.
WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has
determined that establishing a variance process and regulations to permit dogs on the patio of a
food establishment will promote the public health, safety, and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Subsection (b),
"Amendments," of Section 6.04.002, "Adoption and Amendments of State Health Rules," of Article
6.04, "Food, Food Establishments, Mobile Food Units, and Temporary Food Establishment," of
Chapter 6, "Health and Sanitation," of the Town's Code of Ordinances is hereby amended by
adding a new amendment amending Section 228.186(o) of the Texas Food Establishment Rules,
adopted by reference in Section 6.04.002, to read as follows:
"Section 228.186(o) is amended as follows:
Variance Procedure and Requirements for Dogs on Outdoor Patios of a Food Establishment.
Pursuant to Article 6.04, a food establishment with an outdoor patio under its exclusive ownership
or control, may apply to the regulatory authority for a variance modifying or waiving the prohibition
of dogs on the premise of a food establishment contained in Section 228.186(o) of Chapter 228,
Title 25, of the Texas Administrative Code.
The completed application, on a form provided by the Development Services Department, with
the required supporting documentation, shall be submitted with a non-refundable pre -operational
inspection fee in accordance with appendix A to this code, as it exists or may be amended. An
inspection will be conducted to determine compliance with the conditions of the requested
variance.
If pursuant to Article 6.04, the regulatory authority grants a variance to Section 228.186(o) of
Chapter 228, Title 25, of the Texas Administrative Code, to allow dogs to be present in the outdoor
patio area of a food establishment, the food establishment shall comply with the following
conditions to ensure that a health hazard or nuisance will not result from the modification or
waiver:
1) Except as allowed under Section 228.0186(o)(2) and (3), Title 25, of the Texas
Administrative Code, no dog shall be present inside the food establishment or on any playground
area of the food establishment.
2) A separate entrance must be provided from the outside of the food establishment to the
outdoor patio so that a dog will have direct access to the patio without entering the interior of the
food establishment or any playground area of the food establishment. A dog shall not be allowed
within seven (7) feet of any entrance to the interior of the food establishment, except when
necessary to enter or exit the patio.
3) Signs shall be posted at each and every public entrance and at each and every patio
entrance of the food establishment so that it is easily visible to the public. The sign at each public
entrance to the interior of the establishment shall state: "DOG -FRIENDLY PATIO: NON -
SERVICE DOG ACCESS ONLY THROUGH OUTDOOR PATIO GATE." The sign at each patio
entrance shall state, "DOG -FRIENDLY PATIO."
4) Doors at all entrances to the outdoor patio from the interior of the food establishment must
be equipped with self-closing devices and kept closed when not in use.
5) No food preparation may be performed in the outdoor patio area, except that a beverage
glass may be filled on the patio from a pitcher or other container that has been filled or otherwise
prepared inside the food establishment.
6) The outdoor patio must be continuously maintained free of visible dog hair, dog dander,
and other dog -related waste or debris. The outdoor patio must be hosed down or mopped with
an approved product at the beginning of each shift during which food or beverages will be served
(breakfast, lunch, dinner, or late hours), except that cleaning is not required if no dog has been
present on the outdoor patio since the last cleaning.
7) All table and chair surfaces shall be non -porous, easily cleanable material, and cleaned
and sanitized with a product approved under Section 228.206, Title 25, of the Texas
Administrative Code.
Ordinance No. 18-69 Page 2
8) Spilled food and drink shall be removed from the floor or ground within five (5) minutes of
the spill.
9) Waste created from a dog's bodily functions must be removed and cleaned with a product
approved under Section 228.206, Title 25, of the Texas Administrative Code, within five (5)
minutes after each occurrence. All dog waste must be disposed of outside of the food
establishment in an appropriate waste receptacle. Equipment used to clean the outdoor patio
must be kept outside of the food establishment.
10) While on duty, wait staff or other food handlers at the food establishment may not pet or
have contact with any dog.
11) A card, sign, or other effective means of notification shall be displayed to notify patrons in
the outdoor patio area that they should wash their hands before eating.
12) A dog must be kept on a leash or in a secure bag/container specifically designed to carry
and provide continuous restraint of dogs while providing adequate ventilation, and remain under
continuous physical control of the customer while in the outdoor patio area. The dog shall not be
tied to anything affixed or non -affixed as means of restraint. The dog must be wearing a collar or
harness with a current rabies vaccination tag attached to it.
13) A dog is not allowed on a seat, table, countertop, or any similar surface in the outdoor
patio area.
14) A dog is not allowed to have contact with any dishes or utensils used for food service or
preparation at the food establishment.
15) A dog shall not be given any food (including but not limited to dog kibble, biscuits, and
edible treats) while in the outdoor patio area, but may be given water in a disposable container.
16) The food establishment shall maintain written procedures to notify the appropriate county
animal services agency of any local rabies control incident as required by Chapter 2 of the Code
of Ordinances, or any other incident in which two (2) or more dogs are involved in any sort of
altercation where they physically come into contact with each other, regardless of whether any of
the dogs are injured.
17) The Town may suspend or revoke the variance if:
a) The regulatory authority determines a health hazard or nuisance has resulted from
the variance; or
b) The food establishment is in violation of any term or condition of the variance as
established by the town or state law.
The administrative process for providing notice of a denial of an application or suspension or
revocation of a variance and the appeal process shall be consistent with Section 6.04 of this
code."
Ordinance No. 18-69 Page 3
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
[-11444 111561kiC]
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and
phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective after its passage and publication, as provided by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON IN11'TH DAY OF SEPTEMBER, 2018.
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+'rte°a,� •p•- �: Ray Smith, Mayor
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ATTEST: ♦,�l�►, TEY P �
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 18-69 Page 4