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ORDINANCE NO. 1 175 ( # 5 - 02)
AN ORDINANCE CREA lING JACKSONVILLE MUNICIPAL
CODE 5.44; DECLARING AN EMERGENCY; AND, FOR
OTHER PURPOSES.
WHEREAS, RECENT PASSAGE OF MODIFICATIONS TO THE CITY OF
JACKSONVILLE'S ITINERANT MERCHANTS/VENDORS ORDINANCE LEAVES
CITY OFFICIALS DESIROUS OF ADDITIONAL REGULATION OF FOOD VENDORS
AND SIMILAR BUSINESSES IN ORDER TO FULLY ADDRESS THE HEALTH AND
SAFETY CONCERNS OF THE CITIZENS OF JACKSONVILLE.
NOW, THEREFORE, BE IT ORDAINED BY THE CII Y COUNCIL
OF THE CIIY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE- JACKSONVILLE MUNICIPAL CODE 9 5.44. IS
HEREBY CREATED TO READ AS FOLLOWS:
JMC 9 5.44.010 (PURPOSE)
IT SHALL BE THE PURPOSE OF THIS PORTION OF THE
JACKSONVILLE MUNICIPAL CODE TO ADDRESS AND REGULATE THE
OPERATION OF FOOD VENDORS/MERCHANTS, CATERERS, AND
CANTEEN OPERATIONS THAT OPERATE FROM A MOBILE FACILITY,
STRUCTURE, OR SETTING WITHIN THE CITY OF JACKSONVILLE.
FOR PURPOSES OF THIS SECTION OF THE CODE, THE TERM
"ITINERANT FOOD VENDOR/MERCHANT /CATERER/CANTEEN
OPERATION" MEANS ANY BUSINESS, ENTITY, INDIVIDUAL, AND/OR
ORGANIZATION NOT CONDUCTING A FOOD PREPARATION/SALES
BUSINESS ENTERPRISE IN OR FROM A PERMANENT FACILITY,
STRUCTURE, OR SETTING WITHIN THE CITY LIMITS OF JACKSONVILLE.
SECTION 1 WO: JACKSONVILLE MUNICIPAL CODE 9 5.44.020
SHALL BE CREATED TO READ AS FOLLOWS:
JMC 9 5.44.020 (LICENSURE REQUIREMENTS)
ALL FOOD VENDORS/MERCHANTS, CATERERS, AND CANTEEN
OPERATIONS WHO OPERATE OR ATTEMPT TO OPERATE WITHIN THE
CITY LIMITS OF JACKSONVILLE ARE HEREBY REQUIRED TO MEET ALL
LOCAL, STATE, AND FEDERAL LAWS, ORDINANCES, REGULATIONS,
AND REQUIREMENTS IN THE LICENSURE AND OPERATION OF THEIR
BUSINESS ENTITY. ApPROVAL ....HOM ALL APPROPRIATE AGENCIES
MUb. BE POSTED PROMINENTLY UPON OR IN THE FACILITY FROM
WHICH SAID VENDOR IS OPERATING AND AVAILABLE FOR VIEWING
UPON REQUEST BY ANY CUSTOMER, OFFICIAL, OR AGENCY.
THESE REQUIREMENTS ARE TO INCLUDE, BUT NOT BE LIMITED
TO: BUSINESS PRIVILEGE LICENSE FROM THE CITY OF JACKSONVILLE;
ARKANSAS HEALTH DEPARTMENT LICENSURE; COMPLIANCE WITH
b. ATE AND FEDERAL GUIDELINES IN THE PREPARATION, b"."ORAGE,
AND SALE OF FOOD ITEMS; AND, COMPLIANCE WITH APPLICABLE
ZONING REGULATIONS (INCLUDING SET BACK REQUIREMENTS).
SECTION THREE- JACKSONVILLE MUNICIPAL CODE S
5.44.030 SHALL BE CREATED TO READ AS FOLLOWS:
JMC 9 5.44.030 (PHYSICAL LOCATION AND PLACEMENT
REQUIREMENTS)
No SUCH FOOD VENDOR/MERCHANT /CATERER/CANTEEN
OPERATION SHALL BE OPERATED WITHIN THE CITY LIMITS OF
JACKSONVILLE WITHOUT HAVING WRITTEN PERMISSION AND
AGREEMENT FROM THE LANDOWNER UPON WHICH THE ENTITY
OPERATES ITS FOOD ORIENTED BUSINESS. ApPROPRIATE PLACEMENT
OF THE ENTITY'S FACILITY MUST SATISFY ALL APPLICABLE ZONING
PROVISIONS SO AS NOT TO CREATE ANY HEALTH, SAFETY, OR TRAFFIC
ISSUES, ADDRESSING ALL APPROPRIATE SET BACKS, OFF STREET
PARKING, PEDESTRIAN ACCESS NEEDS, AND TRAFFIC FLOW.
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ORDINANCE No.1 175 (# 5 - 02)
MARCH (~~ \ , 2002
P AGE Two
SECTION FOUR: JACKSONVILLE MUNICIPAL CODE S
5.440040 SHALL BE CREATED TO READ AS FOLLOWS:
JMC S 5.44.040 (EXCEPTIONS)
LOCAL CIVIC, NON-PROFIT (I.E., CHARITABLE), EDUCATIONAL,
POLITICAL, AND RELIGIOUS ORGANIZATIONS SHALL BE EXEMPT ~t(OM
THE TERMS OF THIS ORDINANCE DURING CELEBRATION OF A CITY
WIDE EVENT AND/OR ~hSTIVAL, WITH THE EXCEPTION THAT NO SUCH
ORGANIZATION(S) ARE ALLOWED TO OFFER SUCH FOOD SALES FROM
9:00 P oM. UNTIL 6:00 A.M. CS t J.
SECTION FIVE- JACKSONVILLE MUNICIPAL CODE S
5.44.050 SHALL BE CREATED TO READ AS FOLLOWS:
JMC S 5.44.050 (ENFORCEMENT AND PENALTIES)
ANY BUSINESS, ENTITY, INDIVIDUAL, AND/OR COMPANY IN NON-
COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE
SHALL BE SUBJECT TO CITATION AND/OR ARREST FOR VIOLATION OF
THIS ORDINANCE. THE CODE ENFORCEMENT OFFICE OF
JACKSONVILLE SHALL BE CHARGED WITH PRIMARY RESPONSIBILITY
OF ENFORCING THE TERMS AND CONDITIONS OF THIS ORDINANCE AS
OUTLINED HEREIN, AND SHALL DO SO THROUGH CITATION AUTHORITY
OR ISSUANCE OF AFFIDAVITS OF WARRANT FOR ARREST OF THE
ALLEGED VIOLATORS. ALL MA'!"!'ERS PERTAINING THERETO SHALL BE
ADJUDICATED IN THE JACKSONVILLE DISTRICt' COURT.
THOSE PARTIES WHO PLEAD GUILTY TO OR ARE FOUND GUILTY
OF A VIOLATION OF THE TERMS OF THIS ORDINANCE SHALL PAY A
FINE OF NO LESS THAN ONE HUNDRED DOLLARS ($1 00.00) AND NO
MORE THAN FIVE HUNDRED DOLLARS ($500.00) PER VIOLATION,
TOGETHER WITH APPLICABLE COURT COSTS. EACH DAY AN
OFFENSIVE CONDITION EXISTS SHALL CONSTITUTE A SEPARATE
VIOLATION OF THE TERMS AND CONDITIONS OF THIS ORDINANCE.
SECTION SIX- SHOULD ANY PART(S) OF THIS ORDINANCE
BE DECLARED INVALID FOR ANY REASON, NO OTHER PART(S) OF THE
ORDINANCE SHALL BE AFFECTED BY SAID DECLARATION.
SECTION SEVEN: ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE
EXTENT OF SUCH CONFLICT.
SECTION EIGHT: THIS ORDINANCE, NECESSARY FOR THE
PUBLIC HEALTH, SAFETY, AND WELFARE OF THE CITIZENS OF
JACKSONVILLE, SHOULD BE IMPLEMENTED IMMEDIATELY. THEREFORE, AN
EMERGENCY IS HEREBY DECLARED, AND THIS ORDINANCE SHALL BE IN
FORCE AND EFFECT FROM AND A~tER ITS DATE OF PASSAGE.
APPROVED AND ADOPTED THIS ~ ' St' DAY OF MARCH, 2002.
CItY OF JACKSONVILLE, ARKANSAS
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