HomeMy WebLinkAboutOrdinance 5309 ORDINANCE NO. 5309
AN ORDINANCE TO AMEND §114.02 FARMERS' MARKET BY
ALLOWING AN EXTRA FIOUR OF OPERATION (UNTIL 2:00 P.M.) ON
SATURDAYS, TO ENSURE THE PUBLIC'S FREE ACCESS TO THE
SIDEWALKS, AND TO CONFIRM THAT CITY LAWS AND
REGULATIONS PREVAIL OVER FARMERS' MARKET POLICIES
WHEREAS, the community gathering at the Farmers' Market around the beautiful
Downtown Square Gardens has become a beloved tradition for Fayetteville citizens and draws
many tourists and visitors from our neighboring communities; and
WHEREAS, the sidewalks around the Square, especially near the wider corner areas,
have traditionally provided an excellent place for the public to discuss current events, be
informed about government or service programs, and meet officials or candidates in the best
democratic tradition of the free marketplace of ideas; and
WHEREAS, the FIumane Society of the Ozarks and the City Animal Shelter have long
and successfully walked and displayed adoptable dogs on the sidewalks around the Square,
thereby reducing the number of animals the City would otherwise have to euthanize; and
WHEREAS, the right of our citizens to freely use the public sidewalks around the
Square should be expressly contained within the Code of Fayetteville.
NOW THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THIS
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
§114.02 Farmers' Market (B) Days and hours by repealing (B) and enacting a replacement
(B) Days and hours as shown below:
"(B) Days and hours. The Farmers' Market may be open and operating
Tuesdays and Thursdays from 6:00 a.m. until 1:00 p.m. and on Saturdays
from 6:00 a.m. until 2:00 p.m. from April until Thanksgiving."
Page 2
Ordinance No. 5309
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§114.02 Farmers' Market (A) Establishment, location, and parking restrictions by repealing
(A) and enacting a replacement (A) as shown below:
"§114.02 Farmers' Market
(A) Establishment, location, and parking restrictions. A farmers' market
is hereby established in the city. This marketplace shall be located on the
interior parking spaces (those parking spaces adjoining the Old Post
Office) of the Downtown Square. In addition, on Saturdays only, parking
spaces on the east side of the East Street on the Downtown Square shall be
available for vendors by closing the street to through traffic. Vendors
shall be permitted to park their vehicles at right angles to street curbs
provided that 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 15 feet of any fire plug. All public sidewalks around the
Square shall remain freely available to the public with the inside two-
thirds width of the sidewalks free from any tables, booths or displays.
Farmers' Market vendors may occupy no more than one-third of the width
of the sidewalk directly in front of their assigned parking space. As long
as pedestrian traffic is not obstructed or hindered, the corners of the
Square's sidewalks and any unoccupied space around the outside third of
the sidewalk can be used during the authorized hours and days of the
Farmers' Market for government communication, free speech and acoustic
music purposes. No sound amplification devices may be used."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends
§114.02 Farmers' Market by enacting a new subsection (G) as shown below:
"(G) City laws and regulations prevail over Rural Mountain Producers
Exchange Board policies. If the Mayor determines that a policy of the
Rural Mountain Producers Exchange Board concerning its operation of the
Farmers' Market on city property violates the law or city regulations, such
policy shall be revoked and no longer operative. The Rural Mountain
Producers Exchange Board may appeal such revocation of any of its
policies to the City Council."
PASSED and APPROVED this 6th day of April, 2010.
Page 3
Ordinance No. 5309
APPROVED: ATTEST:
By: , y By:
L O LD J Mayor SONDRA E. SMITH, City Clerk/Treasurer
TR
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;FAYETTEVILLE'
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
3/16/2010
City Council Meeting Date
Agenda Items Only
Julie McQuade Communication&Volunteer Services
Witted By Division Department
Action Required:
An ordinance to amend Chapter 114.02 Farmer's Market to authorize the Fayetteville Farmer's Market to occupy the
interior downtown square parking spaces on the east side of Block Street and the south side of Center Street for the
first Thursday of each month, April through November, to start no earlier than 4:00 p.m. and ending at dark and the
ending hour for the Farmer's Market be changed from 1:00 p.m. to 2:00 p.m. on Saturday.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Dale Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution#
L-�Tle"I
rtment Directo Date
Original Contract Date:
3 j J Original Contract Number:
City Attorney Date
3-3- 2o1a
Finance and Internal Services Director Date Received in City
Clerk's Office
3.3-10
C ief of St Date
Received in
Mayor's Office
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Comments:
Revised January 15, 2009
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Tay e evl le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
From: Julie McQuade, Community Outreach Coordinator
Date: February 24, 2010
Subject: Amendment to Chapter 114.02 Farmer's Market
PROPOSAL:
The Fayetteville Farmer's Market Board is requesting an ordinance to amend Chapter 114.02 Farmer's Market
to authorize the Fayetteville Farmer's Market to occupy the interior downtown square parking spaces on the
east side of Block Street and the south side of Center Street for Thursday evenings in April through November
to start no earlier than 4:00 p.m. and ending at dark. They've also requested that the ending hour for the
Farmer's Market be changed from 1:00 p.m. to 2:00 p.m. on Saturday.
RECOMMENDATION:
In an effort to increase evening activity in the downtown area and customer traffic for the downtown merchants,
City staff recommend approval of an ordinance to amend Chapter 114.02 Farmer's Market to authorize the
Fayetteville Farmer's Market to occupy the interior downtown square parking spaces on the east side of Block
Street and the south side of Center Street (Exhibit 1) for the first Thursday of each month, April through
November, to start no earlier than 4:00 p.m, and ending at dark
Staff does not recommend that the amendment include every Thursday during the evening hours for Farmer's
Market but feels that the first Thursday of each month would be acceptable because of the First Thursday
Fayetteville event held in the downtown area that evening.
Staff recommends that the ending hour for the Farmer's Market be changed from 1 :00 p.m. to 2:00 p.m. on
Saturday.
BUDGETIMPACT:
There is no budget impact.
ORDINANCE NO.
AN ORDINANCE TO AMEND §114.02 FARMERS' MARKET BY
ALLOWING AN EXTRA HOUR OF OPERATION (UNTIL, 2:00 P.M.)
ON SATURDAYS AND TO ALLOW OPERATION FROM 4:00 P.M.
UNTIL DARK DURING FIRST TFIURSDAY EVENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
§114.02 Farmers' Market (B) Days and hours by repealing (B) and enacting a replacement
(B) Days and hours as shown below:
"(B) Days and hours. The Farmers' Market may be open and operating
Tuesdays and Thursdays from 6:00 a.m. until 1:00 p.m. and on Saturdays
from 6:00 a.m. until 2:00 p.m. from April until Thanksgiving. During
First Thursday Fayetteville events, Farmers' Market shall be allowed to
be open and operating from 4:00 p.m. until dark within the interior
downtown parking spaces of Center and Block Avenue around the Square."
PASSED and APPROVED this 16°i day of March, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
CHAPTER 114: FOOD SALES
114.01 Drive-In Restaurants This marketplace shall be located on the interior
parking spaces(those parking spaces adjoining the
(A) A drive-in restaurant, within the meaning of this Old Post Office) of the downtown square and on
chapter, shall be deemed to be any restaurant the sidewalks adjoining these parking spaces. In
where meals,sandwiches,ice cream,or other food, addition,on Saturday's only,parking spaces on the
is served directly to or is permitted to be consumed east side of the East Street on the downtown
by patrons in automobiles, motorcycles, or other square shall be available for vendors by closing the
vehicles parked on the premises. street to through traffic. Vendors shall be permitted
to park their vehicles at right angles to street curbs
(B) Prohibited Acts. provided, no vehicle shall be permitted to extend
into the street in such a manner as to obstruct the
(1) It shall be unlawful for any person,while on or free flow of traffic; and no vehicle shall be parked
adjacent to the premises of a drive-in within 15 feet of any fire plug. No vendor shall
restaurant, to race the motor of any car, to obstruct pedestrian traffconthe public sidewalks of
suddenly start or stop any car, or to make or the marketplace.
cause to be made,any other loud or unseemly
noise. (B) Days and hours. The marketplace established
hereby may be opened on Tuesdays, Thursdays,
(2) It shall also be unlawful for any other person and Saturdays, but shall not be open on any other
parked on the premises of such restaurant,to day. This marketplace shall open no earlier than
blow or cause to be blown any automobile 6:00 a.m. and shall close no later than 1:00 p.m.
horn or motorcycle horn at any time while so
parked. (C) Articles permitted to he sold. The following articles
may be sold at the marketplace established hereby:
(3) It shall be unlawful for any patron or other vegetables,honey, rawjuices,molasses,fruit,and
person on the premises of a drive-in other produce grown by the vendor thereof,plants,
restaurant,whether in or out of an automobile, art work, craft work, and other processed farm
to drink any intoxicating beverage of any products produced by the vendor thereof. All
nature. products sold at the marketplace must be produced
in compliance with all applicable regulations of the
(4) It shall be unlawful for a group of three or more State Department of Health.
persons to congregate and linger at any
location on the premises of a drive-in (D) Sanitation. At the close of each market day, each
restaurant. Persons so congregating and vendor shall be required to leave the marketplace
lingering shall be deemed guilty of loitering. in a clean and sanitary condition, free from debris
No person shall drive a motor vehicle on to the and insects,
premises of a drive-in restaurant and then from
said premises without parking such motor (E) Fee. The fee to be paid by each vendor for the use
vehicle,unless there is no unoccupied parking of the marketplace shall be$5.00 per year plus ten
space available on said premises. percent of gross proceeds realized by the vendor
from sales at the marketplace.
(5) It shall be unlawful for any person to leave any
unoccupied motor vehicle on any drive-in (F) Use of public streets for business prohibited,
restaurant parking lot and to leave the exception. It shall be unlawful for any person to
premises thereof, except with the knowledge use any public street,public parking place,or public
and consent of the operator of the restaurant. sidewalk, as a place of business except as
authorized by this section; provided,any merchant
(Code 1965,§§7A-1,7A-3,7A-4;Ord.No.1706,10-6-69;Code whose building is adjacentto a publicsidewalk may
1991,§114.01) conduct business thereon if pedestrian traffic is not
obstructed thereby; provided further, the City
Cross reference(s)--Penalty,§114.99(A). Council may approve temporary use of a public
street, place, or sidewalk as a marketplace where
114.02 Farmer's Market such use is part of an event,activity,or celebration
of general public interest. The City Council may
(A) Establishment,location,and parking restrictions. A impose reasonable conditions on such use as are
farmer's market is hereby established in the city. necessary to safeguard the public health, safety,
CD114:3
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
(2) Violated any ordinances of the city, or the Ozarks shall be managed by the Fayetteville Town
laws, federal or state, the violations of which Center staff such that active operation of pony
reflect unfavorably on the fitness of the holder rides,carriage rides, etc.shall not commence,nor
to offer public transportation. shall East Street be impeded from normal traffic
priorto 6:00 P.M.nor obstructed later than midnight
(B) Prior to suspension or revocation,the holder shall except for New Years when such use will be
be given notice of the proposed action to be taken extended one hour until 1:00 a.m. on New Year's
and shall have an opportunity to be heard. Day.
(Ord.No.3931,§12.10-3-95;Ord,No.4396,Ex.A,5-21-02) (C) Sanitation. At the close of each Lights of the
Ozarks business evening, each vendor must
117.91 A.D.A. Compliance ensure that the area in which the vendor was
Holder shall comply with all applicable provisions of the located or operating is completely clean, sanitary
Americans with Disabilities Act. and free of trash, debris, manure, etc. Failure to
properly clean up shall be grounds to revoke that
(Ord.No. 3931,§13,10-3-95;Ord. No.4396,Ex.A,5-21-02; vendor's license or permission to operate during
Code 1991,§117.91) Lights of the Ozarks.
117.92 Authority To Summon Veterinarian (D) vendors and licenses. Any vendors operating
The police department is hereby authorized to within the area of the Lights of the Ozarks shall
immediately summon the City Veterinarian (or other have all proper, necessary and valid licenses
licensed veterinarian as available)if at any time an applicable to the vendor's business and keep all
officer reasonably believes a horse, pony,camel or such licenses available for inspection and in good
dromedary is ill,overtired, undernourished, standing while operating during Lights of the
overloaded, injured, or lame or whose health or life Ozarks. Any event or other reasonable fee
may otherwise be in imminent danger. charged by the Town Center Staff or the City of
Fayetteville to defray costs to manage Lights of the
(Ord.No. 3931,§14,10-3-95;Ord.No.4396,Ex.A,5-21-02; Ozarks must be paid or the vendor shall be
Code 1991,§117.92;Ord.4939,10-17-06) prohibited from operating in this event.
ARTICLE VIII (E) Sidewalk vendors. Sidewalk vendors must comply
LIGHTS OF THE OZARKS with§178.03 of the Unified Development Code and
obtain proper permits from the Zoning and
Development Administrator as well as the
117.93 Lights Of The Ozarks Fayetteville Town Center staff {which shall
constitute compliance with §178.03(E)(2)).
(A) Establishment, location and parking restrictions.
The Lights of the Ozarks celebration is hereby (Ord.5286, 11-17-09)
established in the city as an annual celebration
beginning afterthe end of Farmers'Market(around 117.94-117.97 Reserved
Thanksgiving)and running through January 1 ofthe
next year. This event shall be located on those 117.98 Prohibited Activit
interior parking spaces (adjoining the old post y
office) of the downtown square and on the No person or company shall provide or offer to provide
sidewalks adjoining those parking spaces as well motor vehicle rides to passengers if such service
as those portions of the Town Center Plaza needed resembles a taxicab or limousine service unless the
for this event's success. The block of East Avenue person and company have fully complied with Article IV
between Mountain Street and Center Street may be Taxicabs orArticle V Limousine Service. It shall not
restricted to horse-drawn carriages, pony rides, or be a defense under this section if rides are offered to
other event vendors. No vendor shall obstruct passengers for tips or gratuities only.
pedestrian traffic on public sidewalks nor shall more
parking spaces be utilized for vendors than (Ord.No.4623,10-05-04)
absolutely necessary. The Fayetteville Advertising
and Promotion Commission and Fayetteville Town 117.99 Penalty
Center staff are empowered to manage and
administer all vendors operating on the Fayetteville (A) Violation of any provision of this chapter for which
Square during Lights of the Ozarks. another penalty is not already otherwise provided,
shall subject the person in violation to the penalty
(B) Hours of operations. Vendors for the Lights of the provisions of§10.99.
CD117:18
To: Fayetteville City Council
From: R.M.P.E. Board of Directors
Subject: City Ordinance Change
Date: February 25, 2010
The Board requests permission to use the south side of Center Street and the east side of
Block Avenue on the downtown square from 4:00 PM till dark on Thursdays, April
through November.
The Board also requests permission to keep the market open on Saturday through out the
season till 2:00 PM.
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE L1?GAI,ll1,PAR'1'N11?NI'
TO: Lioneld Jordan, Mayor
CC: City Council
Don Marr, Chief of Staff
Lindsley Smith, Communications & Marketing Director
FROM: Kit Williams, City Attorney
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DATE: April 6, 2010
RE: Farmers' Market Ordinance Amendment
Mayor Jordan,
Enclosed please find the amendment to §114.02(A) of the Fayetteville Code
that you asked me to prepare which would ensure that the historical free public use
of the interior Square sidewalks for community conversations, free speech
activities, government information programs, acoustic music, and the Fayetteville
Animal Shelter pet adoption efforts shall be preserved.
The current subsection of the Farmers' Market section of the Fayetteville
Code provides management not only of the parking spaces, but the interior
sidewalk around the Square. This was no problem historically as the Farmers'
Market management permitted free speech, retail political campaigning;
government information programs, etc. on or near the corners of the Square. The
Fayetteville Animal Shelter has displayed and walked adoptable dogs around the
Square for years. This has been its most successful adoption program saving many
dogs from having to be euthanized.
Unfortunately, new management of the Farmers' Market has used the power
to manage the Square's interior sidewalks granted by the current code section to
bar our Animal Shelter employees from using those public sidewalks to walk
adoptable pets. The new Farmers' Market management has pushed all candidates
and other free speech advocates into the street. They have told the City it cannot
display Community Code Compliance information or other government
informational programs on the City's own public sidewalk.
In order to preserve the status quo of how the Farmers' Market has operated
for years before its new management took over, §114.02(A) needs to be amended
to ensure on the inner two-thirds width of the sidewalk around the Square our
citizens have free access, free use and free speech rights and our Shelter animals
can be walked and hopefully saved from euthanasia. The amendment also enacts a
provision to continue to allow corner areas and unoccupied spaces to be used for
government information, free speech, candidates, acoustic music, etc. just like they
have in recent years.
Adopting this amendment should preserve and protect the status quo
including what has made the Fayetteville Farmers' Market the best in the
nation. Without it, I am afraid the new Farmers' Market administration will
continue to ban much of what makes our Farmers' Market so unique and
wonderful.