1402 ORDINANCE NO. 1402 ( #7 -- 10)
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, MEMBERS OF THE COMMUNITY HAVE REQUESTED THE
OPPORTUNITY TO MODIFY THE PROVISIONS REGARDING THE JACKSONVILLE
FARMER'S MARKET IN ANTICIPATION OF CONSTRUCTION OF A NEW FACILITY;
AND,
WHEREAS, BECAUSE SPECIFIC MODIFICATION OF REGULATIONS
REGARDING THE NEW LOCATION ARE NEEDED FOR THE EFFICIENT AND
EFFECTIVE OPERATION OF THE NEW FARMER'S MARKET, AMENDMENT OF
I EXISTING RULES, REGULATIONS, AND GUIDELINES ADDRESSING HEALTH,
SAFETY, AND OPERATIONAL ISSUES OF THE FARMER'S MARKET WILL 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 VENDORS /WHOLESALERS 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. 1402 ( #7 -10)
PAGE TWO
FOR THE OPERATION THEREOF AND SHALL PUBLISH AND DISTRIBUTE SAID
RULES AND REGULATIONS TO THE VENDORS/WHOLESALERS /PUBLIC.
(B) JMC § 5.50.020 (PARKING AND OPERATION
RESTRICTIONS) VENDORS /WHOLESALERS 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
1 1 A.M. AND 6:00 P.M. FOR OTHER DAYS, VENDORS /WHOLESALERS 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.
(D) JMC § 5.50.040 (ARTICLES PERMITTED TO BE SOLD)
ONLY THE FOLLOWING GROWN /PRODUCED ITEMS MAY BE SOLD 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. 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 PROMULGATED BY
THE JACKSONVILLE PARKS & RECREATION COMMISSION.
(E) JMC § 5.50.050 (BUSINESS PROHIBITIONS)
IT SHALL BE UNLAWFUL FOR ANY BUSINESS, ENTITY, PERSON, OR
VENDOR /WHOLESALER 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
2 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. 1402 ( #7 -10)
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 VENDOR /WHOLESALER 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
VENDOR(S) /WHOLESALER(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 VENDOR FOR THE USE OF DESIGNATED SPACE(S) AT THE
FARMER'S MARKET SHALL BE TWENTY-FIVE DOLLARS ($25.00) PER SPACE
1 PER YEAR FOR VENDOR(S) AND THOSE INDIVIDUAL(S) AND BUSINESS(ES)
J i WITH AN ESTABLISHED LOCAL BUSINESS(ES) AND /OR SALES FACILITY
HOLDING A CURRENT (PAID) JACKSONVILLE PRIVILEGE LICENSE. FOR
WHOLESALERS, THE FEE SHALL BE ONE HUNDRED DOLLARS ($100.00)
PER SPACE PER YEAR. SAID FEES SHALL BE PAID IN FULL PRIOR TO ANY
SUCH SALES OR PARTICIPATION BY THE VENDOR AND /OR WHOLESALER IN
THE FARMER'S MARKET, AND ALL SUCH PAYMENTS, PERMITS, AND
CERTIFICATES SHALL BE PAID, ISSUED, AND MANAGED BY AND THROUGH THE
JACKSONVILLE PARKS & RECREATION 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 WHOLESALER(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
REVOKE /SUSPEND ANY VENDOR(S) / WHOLESALER(S) PERMIT /CERTIFICATE
TO CONDUCT BUSINESS WITHIN THE CITY OF JACKSONVILLE.
i ( II) PENALTIES. ANY BUSINESS, ENTITY, PERSON, OR VENDOR
FOUND IN VIOLATION OF ANY PROVISION OF THIS CODE SHALL BE DEEMED
000023
ORDINANCE NO. 1402 ( #7 -10)
PAGE FOUR
GUILTY OF A MISDEMEANOR OFFENSE AND ISSUED A CITATION TO APPEAR
BEFORE THE JACKSONVILLE DISTRICT COURT.
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 ($100.00), TOGETHER WITH
APPLICABLE COURT COSTS. EACH DAY A NONCOMPLYING 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: THIS ORDINANCE SHALL TAKE EFFECT
IMMEDIATELY UPON PASSAGE AND PUBLICATION, AS PROVIDED BY AND
SUBJECT TO THE REQUIREMENTS BY LAW.
APPROVED AND ADOPTED " DAY OFMARC , 2010.
sta. W4
GARY LEW E' *'YOR
ATTEST: J —J
SUSAN M. • eVITT, Cl CLERK i)` „-. ` r .
APP' ii - • AS c Fi -M: } ,�`+,
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ROBERT E. BAMBUReffrATTOR -