HomeMy WebLinkAboutOrdinance 2846 ORDINANCE NO .
�9D2 AUG
25 Art 10: 12
AN ORDINANCE AMENDING CHAPTER 13 OF THE 1� .'�EV LLE
CODE OF ORDINANCES TO ESTABLISH AND REGULAW!jL q �� y ��
MARKET . C1RCU1j CLER�R RK.
WHEREAS , Ark . Stat . Ann . § 19 - 3301 authorizes municipalities
to establish and regulate marketplaces for the sale of vegetables
and other articles necessary for the sustenance , convenience
and comfort of the City and the inhabitants thereof ; and
WHEREAS , said statute further provides that municipalities
shall have the power to prescribe the times of opening and
closing of said markets , the kind and description of articles
that may be sold therein , and the stands or places to be
occupied by the vendors .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That Chapter 13 of the Fayetteville Code
of Or ina�is hereby amended by adding Sec . 13 - 13 to
read as follows :
Sec . 13 . 13 . Farmers market established and regulated .
( a) A farmers market is hereby established in the
City of Fayetteville . Said marketplace shall be located
on the interior parking spaces ( those parking spaces
adjoining the Old Post Office) of the downtown square
and on the sidewalks adjoining said parking spaces .
Vendors shall be permitted to park their vehicles at
right angles to street curbs with the backs of said
vehicles facing said curbs ; provided , no vehicle shall
be permitted to extend into the street in such a manner
as to obstruct the free flow of traffic ; and no vehicle
shall be parked within fifteen ( 15 ) feet of any fire
plug . No vendor shall obstruct pedestrian traffic on the
public sidewalks of the marketplace .
(b ) The marketplace established hereby may be opened
on Tuesdays , Thursdays , and Saturdays , but shall not be
open on any other day . Said marketplace shall open no
earlier than 6 : 00 A . M . and shall close no later than
1 : 00 P . M .
(c ) The following articles , and no others , may be
sold at the marketplace established hereby : vegetables ,
honey , raw juices , molasses , fruit and other produce grown
by the vendor thereof ; plants , art work and craft work
produced by the vendor thereof . All products sold at the
marketplace must be produced in compliance with all
applicable regulations of the Arkansas Department of Health .
i' 1p68 127
_ 2 _
( d) At the close of each market day , each vendor
shall be required to leave the marketplace in a clean
and sanitary condition , free from debris and insects .
(e ) The fee to be paid by each vendor for the
use of the marketplace shall be $ 5 . 00 per year plus
10% of gross proceeds realized by the vendor from sales
at the marketplace .
( f) It shall be unlawful for any person to use any
public street , public parking place , or public sidewalk ,
as a place of business except as authorized by this
Section ; provided , any merchant whose building is adjacent
to a public sidewalk may condust business thereon if
pedestrian traffic is not obstructed thereby .
Section 2 . That Ordinance No . 2040 is hereby repealed
and a�her ordinances , resolution , or parts thereof in
conflict herewith are hereby repealed .
Section 3 . The Board of Directors hereby determines that
regulation--oT—a farmers market in the downtown area is essential
to the public health , safety and welfare ; and determines that
the immediate passage of this ordinance is necessary to
accomplish such regulation . Therefore , an emergency is hereby
declared to exist and this ordinance being necessary for the
public health , safety and welfare shall be in full force and
effect from and after its passage and approval .
PASSED AND APPROVED this day of 1982 .
APV G�V
.P • '. MAYOR
~ r F I .
;, `•. CITY CLE
S ' �,; • CERTIFICATE OF RECORD
„.State of Arkansas ( $S
City of Fayetteville
1, Olivia 'rel!y, City Clerk and Ex-Officio � ��
recorder for :he City of Faye'>tovLie, do here. 228
by certify that the annexed or for=coning is v
of record in my office en:1 the se,xo up-
pears in Ordinance & Resolution boot
---a2 page VJHoess my
hand ,09d Seat this—.22.2t_ dsy of
19�
Clore and Fx-Officio Recorder
CERTIFICATE OF RECORD
St.:te of
City of Fayetteville ( J
I, Suzanne C. Kennedy, City
Ex-Officio recorder forthe City of :' : , C.4
do hereby certify that the annexed or r: -
goinn i. of rnrnrd i" my office. "•'' " ^ ^7-
pears in OrdinaaCe
XII I it
hc : '
& CERTIFICATE OF RECORD
7 ST OF ARKANSAS I SS. `
Washington county
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or for -
' ' going ins 'ment was filed for record in myAAoffice on th day
` of i 1to'clock!G, and the same is
duly record in record at page
Witness my hand and seal this .day of 19 ?
Circuit Clerk and
Officio Re orde
fay Deputy Clerk
ORDINANCE: NO. U49 , I _
AN 'ORDINANCE [MENDING ! - ..
CHAPTER U OF THE FAYET-I
TEVILLE CODE OF OHDINANOESI
TO ESTABLISH AND kEGIILATE A
FARMERS MARKET. -
wxEa AS.authorizes
Ark. slat, Ann. STATE of ARKANSAS
bl3WH authorizes k. Slat.
tlesA to
establish and regulate marketplaces es.
for the sale of vegetables and other ar. Count of Washington
ticles necessary for the sustenance, Y g
conventcnce and comfort of the City
and the inhabitants thereof: end
..WHEREAS, said statute further pro-- Jai '�;d,5°—µ,+�4
vides that. municipalities shall have ) h V �"� J hereby certify that I
the power to prescribe the limes of
opening and closing of said markets, I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper
the kind and description of ankles , having a second class mailing privilege, and being not less than four pages of
that may be said therein, and the ,
stands or places ta be Occupied by the five columns each, published at a fixed place of business and at a fixed (daily)
veni intervals continuously in the City of Fayetteville, County of Washington, Arkansas
NOW. THEREFORE. BE IT OR-
DAINF:DBYTNEBOARDOFDINEGI for more than a period of twelve months, circulated and distributed from an
TY
TORS OF THE CIOF FAYET established place of business to subscribers and readers generally of all classes
TORS O ,ARKAN TY
Section 1. That Chapter 19 of the in the City and County for a definite price for each copy, or a fixed price per
Fayetteville Code of ordinances it annum, which price was fixed at what is considered the value of the publication,
hereby amended b) adding Sec. 1113
to read is follow,: I based upon the news value and service value it contains, that at least fifty percent
Sec. 1117. Farmers ni of the subscribers thereto have aid cash for their subscriptions to the newspaper
t established and regulated. P P
tat A fnrmen market is hereby or its agents or through recognized news dealers over a period of at least six
established in the city of Fayetteville. months; and that the said newspaper publishes an average of more than forty
Said marketplace shall be located on
the interior parking spaces chose ; percent news matter.
parking spaces adjoining the Old Post
Offii a the downtown square and on 1
the sidewalks adjoining said parking I I further certify that the legal notice hereto attached in the matter of
spaces. Vendors shall be permitted to
park their vehicles at right angles to
street curbs with the backs of said
vehicles feeing slip
cured; provided
no vehicle shall permitted ermitted to extend
into the street in such a manner as to I
Obstruct the free now of traffic: and no i was published in the regular daily
vehicle shall be parked within fifteen P g y issue of said newspaper for
, nm feel of any fire pug. No vendor ; consecutive insertions as follows:
shall sidewalks
t pedeshe m traffic on the
public Obidewalks of she marketplace.
Ibl The marketplace establis I The first insertion on the � day of 19
hereby may be opened on Tuesday, '
Thursdays, and Saturdays, mut shall
not be Open On any other day. Said the second insertion on the day of 19
marketplace shall open no earlier than
6:00 A.M. and shall close no later than
1:00 p.m.
tel The following article, and the third ' insertion on the day of 19 others, may hesold at the marketplace
established hereby: vegetables, honey, ) and the fourth insertion on the day of - 19
raw juices, molasses, fruit and other ,
produce grown by the vendor thereof: If" -� _ �,•
plank, an work and craft work-pm- I
dumd by the vendor thereof. All pro-, '
duck said at the marketplace must be
produced in compliance with all ap-', worn to and subscribed before me on this s da of
pliDepartment
ntofH alt . the Arkansas I Y
Depable regulations
ti nth. -}
Idl Al the close of each market day, e 9 11 47�
each vendor shall be required to leave
the marketplace in a clean and .
sanitary condition, free from debris
and inseck.
, lel The f« to be paid by each vendorli Public
(Os the este of the marketplace shall be t
. td.11o per year plus W% of gross pro-
cards realized by the vender from My Commission Expires: `
sales at the marketplace.
Ifl It shall be unlawful for any per-
-W la ase any public slreet, public l d
parkingyyIsm. or public sidewalk. as a
Platt a business except as authorized
Y this Section; provided. any mer-
chant whose building is adjacent to a
public sidewalk may conduct business
themon if pedestrian panic is not
obstructed thereby. Fees for Printing — $
Section f. That Ordinance No. deoo is
hercDY repealed and all other or. 1,
diWnces, rewind,,, or parts thereof 1Cost of Proof _ $ " � '� : •
in conflict herewith are hereby repeal-
ed.
Section ]. The Board of Directors ' Total $
hereby determines that regulation of a
farmers market in the downtown area
B essential to the public health, safety
and welfare: and determines that the s / C D
immediate pnssageoflhissWiwnee is i p l' V G
remain
y to accomplish such reqU12-
tion. Therefore, an emergency is SEP 0219a2
hereby declared to exist end Nis or-
dirunce being nICCla9ary for the public
heulU, wfelY and welfare shall he in
' full.rgeaand d approval. ane aft
sr its ACCOUNTS PAYABLE
passage sad approval.
PASSED AND .41.1'ROVF.D this nth
day of August, IM.
APIjtoVf:D:
Paul N. Noland
'ATTEST. MAYOR,
Olivia A. Kelly
. SEAL
CITY CLEHH
Ih 2t