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1155 000097 OHDINANCc NO. 1 1 bb (#9 01) AN ORDINANCE CREA lING JACKSONVILLE MUNICIPAL CODE 9 5.50; ESTABLISHING /HE OPERA/ION OF A JACKSONVILLE FARMERlS MARKET; DECLARING AN EMERGENCY; AND, FOR 0 I HER PURPOSES WHEREAS, MEMBERS OF THE COMMUNITY HAVE REQUESTED THE OPPORTUNITY TO ESTABLISH A F ARMER1S MARKET IN THE CITY OF JACKSONVILLE, AND A SUITABLE LOCATION HAS BEEN OBTAINED FOR SUCH AN OPERATION: AND, WHEREAS, BECAUSE NO SPECIFIC REGULATIONS OF THE JACKSONVILLE MUNICIPAL CODE ARE APPLICABLE TO THE OPERATION OF A F ARMER1S MARKET, A COMMITTEE OF THE JACKSONVILLE CITY COUNCIL HAS SOUGHT PUBLIC INPUT AND DEVELOPED A S1:. l' OF RULES, REGULATIONS, AND GUIDELINES TO ADDRESS THE HEALTH AND SAFETY ISSUES AND INSURE THAT OPERATION OF A FARMER'S MARKET WOULD BE IN THE BEST INTERESTS AND FOR THE BENEFIT OF THE CITIZENS OF JACKSONVILLE. NOW, THEREFORE, BE IT ORDAINED BY THE CII Y COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THA r" SECTION ONE." JACKSONVILLE MUNICIPAL CODE 9 5.50 IS HEREBY CREATED AND SHALL INCLUDE THE FOLLOWING: (A) JMC 9 5.50.01 0 (F ARMER1S MARKET) A F ARMERTS MARKET IS HEREBY ESTABLISHED IN THE CITY OF JACKSONVILLE. SAID MARKETPLACE SHALL BE LOCATED ON AND ALONG THE INTERIOR GREEN SPACE OF THE JACKSONVILLE SHOPPING CENTER LOCATED IN THE 700 BLOCK OF WEST MAIN STREET. STREET VENDORS ARE PROHIBITED FROM MARKETING SUCH GOODS AT ANY OTHER LOCATION WITHIN THE CITY OF JACKSONVILLE UNLESS AS PART OF AN ESTABLISHED BUSINESS OPERATING IN A PROPERLY ZONED STRUCTURE. OPERATION OF THE F ARMERTS MARKET SHALL BE UNDER THE DIRECTION AND CONTROL OF THE JACKSONVILLE CHAMBER OF COMMERCE. THE CHAMBER OF COMMERCE BOARD OF DIRECTORS IS HEREBY EMPOWERED TO ADOPT SUCH RULES AND REGULATIONS AS ARE NECESSARY FOR THE OPERATION THEREOF AND SHALL PUBLISH AND DISTRIBUTE SAID RULES AND REGULATIONS TO THE PUBLIC. (B) JMC 9 5.50.020 (PARKING AND OPERATION RESTRICTIONS) VENDORS SHALL BE PERMITTED TO PARK ONLY IN THE DESIGNATED AND MARKED PARKING SPACES SURROUNDING THE GREEN SPACE, WITH NO VEHICLE EXTENDING INTO THE STREET, INGRESS/EGRESS RIGHTS--OF--WAY, OR PARKED IN ANY MANNER CAUSING OR LIKELY TO CAUSE AN OBSTRUCTION OF TRAFFIC. IN NO CIRCUMSTANCES SHALL A VENDOR PARK A VEHICLE OFF THE PAVEMENT IN THE GREEN SPACE. (C) JMC 9 5.50.030 (DAYS AND HOURS OF OPERATION) THE MARKETPLACE MAY BE OPENED ON TUESDAYS, THURSDAYS, AND SATURDAYS, AND SHALL NOT BE OPEN ON ANY OTHER DAY OF THE WEEK. HOURS OF OPERATION SHALL BE LIMITED TO THE HOURS BETWEEN 6:00 A.M. AND 6:00 P.M. OCOO~lS ORDINANCE No. 1 155 JUNE Z. ,2001 PAGE Two (D) JMC s 5.50.040 (ARTICLES PERMITTED To BE SOLD) ONLY THE FOLLOWING ARKANSAS GROWN/PRODUCED ITEMS MAY BE SOLD AT THE F ARMERTS MARKET ESTABLISHED HEREIN: BAKED GOODS, CHEESES, FLOWERS, FRUIT, HONEY, MARINADES AND SAUCES, MOLASSES, PLANTS, RAW JUICES, VEGl::IABLES, AND OTHER SIMILAR PRODUCE GROWN OR PRODUCED BY THE VENDOR. FURTHER, SALES OF PIECES OF ART, CRAI- 1 S, AND SUCH PRODUCTS CREATED/PRODUCED BY THE VENDOR SHALL BE ALLOWED. No ARTS AND CRAFTS, FRUIT, PRODUCE, OR ITEMS THEREOF SHALL BE SOLD AT THE F ARMERTS MARKET WHICH ARE NOT PRODUCED IN ARKANSAS BY THE VENDOR MARKETING SUCH ITEMS. ALL PRODUCTS SOLD A T THE FARMER'S MARKET MUST BE PRODUCED AND SOLD IN COMPLIANCE WITH ALL APPLICABLE ARKANSAS DEPARTMENT OF HEALTH REGULATIONS AND STATE LA WSo (E) JMC s 5.50.050 (BUSINESS PROHIBITIONS) IT SHALL BE UNLAWFUL FOR ANY BUSINESS, ENTITY, PERSON, OR 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 APPROVED TEMPORARY USE OF A PUBLIC STREET, PLACE, OR SIDEWALK AS A MARKETPLACE WHERE SUCH USE 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 s 5.50.060 (SANITATION REQUIREMENTS) AT THE CLOSE OF EACH MARKET DAY, EACH VENDOR SHALL BE REQUIRED TO LEAVE THE FARMERYS 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 VENDOR(S) DURING THEIR OPERATION OF THE F ARMERYS MARKET SHALL BE REMOVED FROM THE MARKETPLACE AREA ON A DAILY BASIS. (G) JMC s 5.50.070 (FEE) THE FEE TO BE PAID TO THE CITY BY EACH VENDOR FOR THE USE OF DESIGNATED SPACE(S) AT THE F ARMERTS MARKET SHALL BE TWENTY"FIVE DOLLARS ($25.00) PER SPACE PER YEAR. SAID FEES SHALL BE PAID AS FULL PAYMENT OF A PRIVILEGE LICENSE TO BE ISSUED BY THE CITY OF JACKSONVILLE. (H) JMC s 5.50.080 (ENFORCEMENT AND PENALTIES) (I) IT SHALL BE THE RESPONSIBILITY OF THE JACKSONVILLE CHAMBER OF COMMERCE TO NOTIFY THE JACKSONVILLE CODE ENFORCEMENT OFFICE OF ANY POTENTIAL VIOLATION(S) BY VENDORS IN THE OPERATION OF THE FARMER'S MARKET. 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 MUNICIPAL COURT. (II) ANY BUSINESS, ENTITY, PERSON, OR VENDOR 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 ($1 00.00), TOGETHER WITH APPLICABLE COURT COSTS. EACH DA Y A NON-COMPL YING CONDITION EXISTS SHALL CONSTITUTE A SEPARA TE VIOLA TION. SECTION I WO: ANY SUCH ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SAID CONFLICT. 000099 ORDINAN~E No. 1 155 JUNE -z.\~\-, 200 1 PAGE THREE SECTION THREE. BECAUSE OF THE DESIRE FOR A PUBLIC FARMERTS MARKET AND THE HEALTH AND SAFETY PROBLEMS THAT A LACK OF REGULATION OF SUCH AN OPERATION COULD CREATE, AN EMERGENCY IS HEREBY DECLARED TO EXIST. FOR THE BENEFIT OF THE HEALTH AND SAFETY OF THE CITIZENS OF JACKSONVILLE, THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS APPROVAL AND PASSAGE. APPROVED AND ADOPTED THIS 200 1 . Z-$ DAY OF JUNE, (TO~~J~~ A~_ A I I EST: ~ ~~ \ ...~ ~~N ~I~, C Ve.D AS~F M: / , Me \ x<: ROB~RT E. BAtURG~ A I I "-