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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 GAS Y OF ;FAYETTEVILLE' ''�9s�NGTON Go`J�`� ���Uue11W 1"' 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 N � �(� ayo ate Comments: Revised January 15, 2009 �� SVQt kt&-4-svQ- 0 S k 311&1/0 C� �• 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. ✓ x �� tis e• r,J�t. t ��r�� F.i t�` a v ��°",� .1 t t ads H �r . Ile,F.k� . `�'.s,wy,_,•,Nr fig, r e t 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 l j .max �--._-- 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.