1441 ORDINANCE NO. 144 I(# 03 - 12)
AN ORDINANCE AMENDING AND MODIFYING
JACKSONVILLE MUNICIPAL CODE § 5.50 REGARDING
OPERATION OF THE JACKSONVILLE FARMER'S MARKET,'
DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
WHEREAS, THE JACKSONVILLE PARK & RECREATION COMMISSION
HAVE REQUESTED THE OPPORTUNITY TO MODIFY CERTAIN PROVISIONS
REGARDING THE JACKSONVILLE FARMER'S MARKET IN HOPES OF
INCREASING BOTH VENDOR PARTICIPATION AND SALES; AND,
WHEREAS, BECAUSE SPECIFIC MODIFICATION OF REGULATIONS ARE
NEEDED FOR MORE EFFICIENT AND EFFECTIVE OPERATION OF THE
FARMER'S MARKET, AMENDMENT OF EXISTING RULES, REGULATIONS, AND
GUIDELINES ADDRESSING HEALTH, SAFETY, AND OPERATIONAL ISSUES OF
THE FARMER'S MARKET WILL HOPE TO INSURE THAT THE BEST INTERESTS
AND BENEFIT OF ALL CITIZENS OF JACKSONVILLE ARE MET.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF JACKSONVILLE,ARKANSAS, THAT:
SECTION ONE: JACKSONVILLE MUNICIPAL CODE § 5.50 IS
HEREBY AMENDED AND MODIFIED TO INCLUDE THE FOLLOWING:
(A) JMC § 5.50.010 (FARMER'S MARKET) A FARMER'S
MARKET IS HEREBY ESTABLISHED IN THE CITY OF JACKSONVILLE. SAID
MARKETPLACE SHALL BE LOCATED ON AND WITHIN THE PAVILION (TO BE
CONSTRUCTED) SOUTH OF THE JACKSONVILLE COMMUNITY CENTER, # 5
MUNICIPAL DRIVE. STREET FARMERS/VENDORS ARE PROHIBITED FROM
MARKETING FOOD, GOODS, AND MERCHANDISE AT ANY OTHER LOCATION
WITHIN THE CITY OF JACKSONVILLE UNLESS AS PART OF AN ESTABLISHED
BUSINESS OPERATING IN A PROPERLY ZONED STRUCTURE OR WITHIN THE
SOUTHERN-MOST ONE HUNDRED FEET (100') OF THE PARKING LOT FOR
THE PAVILION AS DIRECTED AND MANDATED BY THE TERMS OF THIS CODE
AND THE JACKSONVILLE PARKS & RECREATION COMMISSION.
OPERATION OF THE FARMER'S MARKET SHALL BE UNDER THE
DIRECTION AND CONTROL OF THE JACKSONVILLE PARKS & RECREATION
COMMISSION. THE PARKS & RECREATION COMMISSION IS HEREBY
EMPOWERED TO ADOPT SUCH RULES AND REGULATIONS AS ARE NECESSARY
ORDINANCE No. 1441 (#03-12)
PAGE TWO
FOR THE OPERATION THEREOF AND SHALL PUBLISH AND DISTRIBUTE SAID
RULES AND REGULATIONS TO THE FARMERS/VENDORS /PUBLIC.
(B) JMC § 5.50.020 (PARKING AND OPERATION
RESTRICTIONS) FARMERS/VENDORS SHALL BE PERMITTED TO PARK
ONLY IN THE DESIGNATED AND AS MARKED PARKING SPACES SURROUNDING
THE PAVILION, WITH NO VEHICLE EXTENDING INTO THE STREET,
INGRESS/EGRESS RIGHTS-OF-WAY, REMAINING PARKING LOT/SPACE(S), OR
PARKED IN ANY MANNER CAUSING OR LIKELY TO CAUSE AN OBSTRUCTION
OF TRAFFIC. IN NO CIRCUMSTANCES SHALL A VEHICLE BE PARKED OFF THE
PAVEMENT IN GREEN SPACE.
(C) JMC § 5.50.030 (DAYS AND HOURS OF OPERATION)
THE FARMER'S MARKETPLACE SHALL BE OPENED ON WEDNESDAYS AND
SATURDAYS, AND SHALL NOT BE OPEN ON ANY OTHER DAY OF THE WEEK
UNLESS DESIGNATED AS SUCH BY THE PARKS & RECREATION COMMISSION.
HOURS OF OPERATION SHALL BE LIMITED TO THE HOURS BETWEEN 6:00
A.M. AND 12:00 P.M. FOR OTHER DAYS, FARMERS/VENDORS MAY USE THE
SOUTHERN-MOST ONE HUNDRED FEET (100') OF THE PARKING LOT FOR
THE PAVILION AS DESIGNATED BY THE PARKS & RECREATION COMMISSION,
RECOGNIZING THAT HOURS OF OPERATION SHALL BE LIMITED TO THOSE
STATED ABOVE AND FROM NOON TILL 6:00 P.M. ON SUNDAYS.
(0) JMC § 5.50.040 (ARTICLES PERMITTED To BE SOLD)
ONLY THE FOLLOWING ARKANSAS GROWN/PRODUCED ITEMS MAY BE SOLD
BY FARMERS AT THE FARMER'S MARKET ESTABLISHED HEREIN: BAKED
GOODS, CHEESES, FLOWERS, FRUIT, GRAIN, HONEY, MARINADES, AND
SAUCES, MOLASSES, PLANTS, RAW JUICES, TREES, VEGETABLES, AND
OTHER SIMILAR PRODUCE. FURTHER, SALES OF PIECES OF ART, CRAFTS,
AND HANDMADE OTHER SUCH SIMILAR ITEMS MAY BE ALLOWED TO BE SOLD
BY LOCAL ARTIST(S)/CRAFTER(S). ALL PRODUCTS SOLD AT THE
FARMER'S MARKET MUST BE PRODUCED AND SOLD IN
COMPLIANCE WITH ALL APPLICABLE ARKANSAS DEPARTMENT
OF HEALTH REGULATIONS, OTHER APPLICABLE LOCAL AND
STATE LAWS AND REGULATIONS, AND THOSE PROMULGA TED BY
THE JACKSONVILLE PARKS&RECREATION COMMISSION.
(E) JMC § 5.50.050 (BUSINESS PROHIBITIONS)
IT SHALL BE UNLAWFUL FOR ANY BUSINESS, ENTITY, PERSON, OR
FARMER/VENDOR TO USE ANY PUBLIC PARKING PLACE, RIGHT-OF-WAY,
SIDEWALK, OR STREET, NON-DESIGNATED PARKING PLACE, OR PRIVATE
SIDEWALK AREA AS A SPACE FOR THE OPERATION OF BUSINESS. HOWEVER,
ANY MERCHANT WHOSE BUILDING IS ADJACENT TO A PUBLIC SIDEWALK MAY
CONDUCT BUSINESS THEREON AS LONG AS PEDESTRIAN TRAFFIC IS NOT
OBSTRUCTED, AND CITY OFFICIALS MAY APPROVE TEMPORARY USE OF A
PUBLIC STREET, PLACE, OR SIDEWALK AS A MARKETPLACE WHERE SUCH USE
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IS PART OF AN ACTIVITY, CELEBRATION, OR EVENT OF GENERAL PUBLIC
INTEREST. IN DOING SO, CITY OFFICIALS ARE TO IMPOSE REASONABLE
CONDITIONS ON THE USE OF SUCH FACILITIES AS ARE NECESSARY TO
SAFEGUARD THE PUBLIC HEALTH, SAFETY, AND WELFARE.
(F) JMC § 5.50.060 (SANITATION REQUIREMENTS) AT
THE CLOSE OF EACH MARKET DAY, EACH FARMER/VENDOR SHALL BE
REQUIRED TO LEAVE THE FARMER'S MARKET GROUNDS IN A CLEAN AND
SANITARY CONDITION FREE OF DEBRIS, GARBAGE, INSECTS, OR RUBBISH.
ANY BOOTH(S), SIGNAGE, TABLE(S), TENT(S), UMBRELLA(S), ETC. UTILIZED BY
FARMER(S)/VENDOR(S) DURING THEIR OPERATION OF THE FARMER'S
MARKET SHALL BE REMOVED FROM THE MARKETPLACE AREA ON A DAILY
BASIS.
(G) JMC § 5.50.070 (FEE) THE FEE TO BE PAID TO THE
CITY BY EACH FARMER/VENDOR FOR THE USE OF DESIGNATED SPACE(S) AT
THE FARMER'S MARKET SHALL BE TWENTY-FIVE DOLLARS ($25.00) PER
YEAR FOR BUSINESS(ES)/FARMER(S)/INDIVIDUAL(S)/VENDOR(S), AND SAID
AMOUNT WILL BE PAID FOR ANNUAL JACKSONVILLE PRIVILEGE LICENSE(S).
THOSE BUSINESS(ES)/FARMER(S)/INDIVIDUAL(S)/VENDOR(S) HOLDING A
CURRENT AND PAID JACKSONVILLE PRIVILEGE LICENSE OR ONE FROM AN
ARKANSAS MUNICIPALITY GRANTING RECIPROCITY TO HOLDERS OF
JACKSONVILLE PRIVILEGE LICENSE(S) WILL BE EXEMPT FROM PAYMENT OF
ANY ADDITIONAL PRIVILEGE FEE ASSESSMENT.
REGARDLESS OF THE ABOVE PROVISIONS, ANY AND ALL
PARTIES UTILIZING THE FARMER'S MARKET AS A BUSINESS(ES)/FARMER(S)/
INDIVIDUAL(S)/VENDOR(S) MUST COMPLETE AN APPLICATION(S) AND
RESERVE APPROPRIATE SPACE(S) BY AND THROUGH THE JACKSONVILLE
PARKS & RECREATION DEPARTMENT AT THE JACKSONVILLE COMMUNITY
CENTER, THE MARTIN STREET YOUTH CENTER, OR AT A LOCATION SO
DESIGNATED BY THE DEPARTMENT.
(H) JMC § 5.50.080 (ENFORCEMENT AND PENALTIES)
(I) ENFORCEMENT. IT SHALL BE THE RESPONSIBILITY OF THE
JACKSONVILLE PARKS & RECREATION COMMISSION AND/OR ITS
AUTHORIZED AGENT(S) OR REPRESENTATIVE(S) TO NOTIFY THE
JACKSONVILLE CODE ENFORCEMENT OFFICE AND/OR THE JACKSONVILLE
POLICE DEPARTMENT OF ANY POTENTIAL VIOLATION(S) BY VENDOR(S)
AND/OR FARMER(S) IN THE OPERATION OF THE FARMER'S MARKET
REQUIRING ISSUANCE OF A CITATION. FOR OTHER SUCH VIOLATIONS OF
APPLICABLE RULES AND REGULATIONS, THE JACKSONVILLE PARKS &
RECREATION COMMISSION AND/OR ITS AUTHORIZED AGENT(S) OR
REPRESENTATIVE(S) ARE AUTHORIZED TO ADOPT, PROMULGATE, AND
ENFORCE ANY AND ALL NECESSARY RULES AND REGULATIONS TO
ORDINANCE NO. 1441 (#03-12)
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REVOKE/SUSPEND ANY FARMER(S)/VENDOR(S) PERMIT/CERTIFICATE TO
CONDUCT BUSINESS WITHIN THE CITY OF JACKSONVILLE.
(II) PENALTIES. ANY BUSINESS, ENTITY, PERSON, OR VENDOR
FOUND IN VIOLATION OF ANY PROVISION OF THIS CODE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR OFFENSE AND ISSUED A CITATION TO APPEAR
BEFORE THE JACKSONVILLE DISTRICT COURT.
ANY BUSINESS(ES), FARMER(S), INDIVIDUAL(S), AND/OR VENDOR(S)
VIOLATING ANY PROVISIONS OF THIS ORDINANCE SHALL, UPON
CONVICTION, BE PUNISHED BY A FINE OF NO LESS THAN TWENTY-FIVE
DOLLARS ($25.00) AND NO MORE THAN ONE HUNDRED DOLLARS
($ 100.00), TOGETHER WITH APPLICABLE COURT COSTS. EACH DAYA NON-
COMPLYING CONDITION EXISTS SHALL CONSTITUTE A SEPARATE VIOLATION.
SECTION TWO: ANY SUCH ORDINANCE OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE
EXTENT OF SAID CONFLICT.
SECTION THREE.' BECAUSE OF THE DESIRE FOR A MORE
EFFICIENT AND PUBLIC FRIENDLY FARMER'S MARKET AND THE HEALTH AND
SAFETY PROBLEMS THAT A LACK OF REGULATION OF SUCH AN OPERATION
COULD CREATE, AN EMERGENCY IS HEREBY DECLARED TO EXIST. FOR THE
BENEFIT OF THE HEALTH AND SAFETY OF THE CITIZENS OF JACKSONVILLE,
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER
ITS APPROVAL AND PASSAGE.
APPROVED AND ADOPTED THIS Jt DAY OF APRIL, 2012.
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