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1175 0000L13 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. OOoo..~'r '1 .. ~-*.~ 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 ---~' \ ~~ / ~ // I (, . ,V\A ~(l~ ~~ 'TOMMY SW AIM'fA YOR - EY