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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 ORDINANCE NO. 1441(#03-12) PAGE THREE 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) PAGE FOUR 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. _ .„ ,: '': iv t , Air , / .__ - .0, \ -.1�� �� M. . - I r':*'‘ 3 ?,8.t yet ∎', 1 APP •• ED AS T FO: 1 4 � SUSAN . DAVI ROB RTE. A MBURG Ivs)110 CI ERK CITY = TTOR EY