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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 .
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