HomeMy WebLinkAboutOrdinance 5587ORDINANCE NO.5587
AN ORDINANCE TO AMEND § 114.02 FARMERS' MARKET TO AMEND
THE USE OF PARKING SPACES ON THE SQUARE ON SATURDAYS, TO
CLOSE MOUNTAIN, BLOCK AND EAST STREETS TO VEHICULAR
TRAFFIC, TO PERMIT SOUND AMPLIFICATION DURING FARMERS'
MARKET WITH SPECIAL EVENTS PERMIT AND TO MAKE OTHER
CHANGES
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 (A) Establishment, location and parking restrictions of the
Fayetteville Code by repealing it in its entirety and enacting a replacement (A) as shown below:
"(A) Operation of the Farmers' Market on the Square. The nonprofit Rural Mountain
Producers Exchange is authorized to continue to operate the Farmers' Market on the Fayetteville
Square in conformance with the following conditions. This marketplace shall be located on the
interior parking spaces (those parking spaces adjoining the Old Post Office) of the Downtown
Square. 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 governmental
communications, free speech and acoustic music purposes. No sound amplification may be used
unless approved by the City through its Special Event Permit Process.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby moves and
renames Section 114.02 (C) to (D), moves and renames Subsection (D) to (E) and repeals
Subsection (E) in its entirety.
Page 2
Ordinance No. 5587
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts a
replacement subsection (B) as follows:
"(B) Expanded Saturday use of the Square.
(1) Three streets around the Square: East, Mountain and Block shall be closed to
vehicular traffic. The exterior parking spaces for these three streets around the Square shall be
available for vendors and exhibitors pursuant to subsection (3) below as assigned by the Rural
Mountain Producers' Exchange management by closing these streets and parking spaces to non -
vendor vehicular traffic. Vendors using large commercial delivery vehicles, such as box trucks,
shall either be located on the interior parking spaces around the Old Post Office Building or
outside the designated market area to maintain storefront visibility. No vendor parking is
allowed on the west side of Block Avenue, except for food trucks which shall be limited to the
southernmost and northernmost parking spaces.
(2) Pedestrian aisles. To facilitate the flow of pedestrians between storefront and the
streets, midblock pedestrian aisles of at least five feet in width shall be maintained on both aides
of each closed street if both sides of the street are occupied by vendors or exhibitors (as further
shown on Exhibit A which shall remain attached to this ordinance for future reference, but not
codified). On the west side of East Avenue, the Old Post Office access easement shall be such
an aisle. On the south side of Mountain Street, the opening into the Town Center Plaza shall be
used for the aisle.
(3) Exhibition spaces. A minimum of twenty eight (28) feet on either side of all three
closed streets shall be set aside, integrated and managed by the Rural Mountain Producers
Exchange management as exhibition space for nonprofit charitable corporations and free speech
entities including issue campaigns and candidates. The Exchange management shall make
available an online form for the reservation of exhibition space on a first -come, first -served
basis. No vehicles may be parked within exhibit spaces. Unclaimed exhibition space shall be
managed by the Rural Mountain Producers Exchange management and may be used by store
owners for sidewalk sales, as temporary seating or by market vendors.
(4) Prepared food vendors. Vendors serving prepared food for consumption at the
Farmers' Market shall not be located directly in front of any restaurant storefront without the
written permission of the restaurant owner. Prepared food vendors must supply their own
garbage container, ensure the area around their vending location remains constantly clean and
litter free throughout their operation and prior to leaving and remove all of their equipment and
the garbage container, the contents of which must be properly disposed of in a private (not
public) dumpster to which they have legal access.
(5) Animal Services corner. The City of Fayetteville Animal Services Division may
continue to occupy its normal location in the intersection of Mountain Street and East Avenue
for its pet adoption program and other uses."
Page 3
Ordinance No. 5587
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends
section 114.02 (C) Articles permitted to be sold by adding "and have all appropriate permits" to
the last sentence and enacting a final sentence as follows:
"Food prepared by local vendors including baked goods from local bakeries, nuts, coffee,
tea, non-alcoholic beverages, and items from approved food trucks may also be sold."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby enacts
section 114.02 (H) Dogs on the Square during the Farmers' Market as follows:
(H) Dogs on the Square during Farmers' Market. The presence of properly leashed and
socialized dogs shall be allowed on the Square during Farmers' Market. Each person with as
leashed dog shall immediately clean up and remove any and all feces from their dog. The
available plastic bag must be immediately shown to any Fayetteville Animal Control Officer or
Police Officer when requested. If a dog damages any vendor's produce or product, the owner or
handler shall immediately pay the full value to the vendor for such damaged produce or product.
Any unprovoked dog that acts aggressively toward other dogs or provokes other dogs, and any
dog that growls or acts aggressively toward any person shall immediately be removed from the
entire Square area by its owner or handler and never returned until properly socialized not to be
aggressive to humans, dogs or other animals. A Fayetteville Animal Control Officer or Police
Officer can order any owner or handler to immediately remove a dog from the Farmers' Market
area if in their opinion the dog is not properly socialized or is otherwise a safety or other type of
problem. Failure to obey such lawful orders or any other violation of any provision of this
subsection can be punished by a fine of up to $250.00.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby enacts
section 114.02 (I) Annual Report to City Council as follows:
"(I) Annual report to City Council. The Rural Mountain Producers Exchange shall
present its annual written report and answer questions about the operation and revenues received
and expended in the Rural Mountain Producers Exchange to the City Council during its first
meeting in March of each year. This written report shall include year-to-year changes in gross
revenues and expenditures and the portion of revenue that is used for administrative overhead,
and not actual sales numbers. It shall also provide this same information relative to its operation
on any other City property such as the Botanical Gardens at the Lake Fayetteville Park. This
information will not be combined, but differentiated between the Square and other locations. The
Rural Mountain Producers Exchange shall publish a map of the Square showing the locations of
vendor and nonprofit exhibit spaces and provide for online reservation for nonprofits.
Page 4
Ordinance No. 5587
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby enacts
section 114.02 (J) Vendor fees as follows:
"(J) Vendor fees. The Rural Mountain Producers Exchange shall not adjust the fees it
charges to vendors except by a vote of its full membership."
PASSED and APPROVED this 4`h day of June, 2013
APPROVED:
ATTEST:
O ELD JCtgD , May SONDRA E. SMITH, City Clerk/Treasurer
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AGENDA REQUEST -13
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FOR: COUNCIL MEETING OF gkfTAt4,=
FROM:
ALDERMAN MATTHEW PETTY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend §114.02 Farmers' Market To Transfer The Current Free
Use Of The South Parking Spaces On Mountain Street To The Control Of The
Rural Mountain Producers Exchange Board, To Close Mountain Street To Traffic,
To Permit Sound Application During Farmers' Market And To Make Other
Changes
APPROVED FOR AGENDA:
Matthew Petty, kldfrplan
City �Attorney
(as to form)
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Departmental Correspondence 6 iL
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Kit Williams
City aao.ney
Jason B. Kelley
TO: Mayor Jordan AssistaN city naorney
City Council
FROM: Kit Williams, City Attorney
DATE: May 3, 2013
RE: Farmers' Market Ordinance possible further amendments
Chairman Alan Long pointed out to me that the current version of
the proposed Ordinance referred only to nonprofit entities as "Exhibitors'
entitled to display space within the area of the Square the City Council is
giving to the Farmers' Market. He believes, as do I, that the Aldermen's
intent was to allow free speech entities, issue advocates, political
candidates, etc. to also use this allotted Exhibitors' space. Since this was
not within the Ordinance that you expressly adopted nor was this
expressly spoken about during that meeting, I could not insert that into the
proposed ordinance within the Final Agenda packet. Instead it is attached
here and can be used as a further amendment at the City Council meeting
if that is the City Council's wish.
Since I was preparing this new Amended Ordinance, I took the
opportunity to correct an earlier change I had made in Section 1 when
referring to the Rural Mountain Producers' Exchange as a "not for profit
corporation". It is true that the Rural Mountain Producers' Exchange is not
a charitable corporation, but it is incorporated officially as a "nonprofit
corporation", so I changed this wording back to my originally correct form.
Alderman Petty suggested that I should be more clear that a
midblock pedestrian aisle would not be required if the Farmers' Market
was not actually occupying both sides of Block Avenue. Even though I
believe this would be understood, I did put clarifying language in (B)(2) so
there could be no confusion.
I also believe that a conflict exists between the proposed ordinance
and the current Section 114.02 (C) which should be resolved. The proposed
ordinance in Section 3 adds only "and have all appropriate permits," to the
end of the last sentence in the current (3) Articles permitted to be sold. The
list of things allowed to be sold does not include prepared foods, bakery
items, coffee, etc. As you know, all of these prepared food items are now
being sold on the Town Center Plaza which is controlled by the A & P
Commission rather than the City of Fayetteville. The new ordinance allows
"Prepared food vendors" in (B) (4) and "food trucks" in (B)(1). To make
our Code section consistent, I added a sentence to Section 4 to allow the
sale of local bakery goods, nuts, coffee, etc. and prepared food from the
food trucks. This removes the inherent inconsistency that would exist
without this addition.
I also added to (B)(4) Prepared food vendors to require they keep
their area clean and litter free, have and service their own garbage
container similar to what our Code now requires of sidewalk food vendors.
Finally, I added an express provision to ensure that the Fayetteville
Animal Services division would be authorized to continue to occupy its
normal area at Mountain Street and East Avenue.
I may not personally support major changes to the operation of the
#1 Farmers' Market in the country, but as City Attorney, I will always try
draft ordinances and resolutions that reflect the City Council's policy
positions and are internally consistent.
2
ORDINANCE. NO.
AN ORDINANCE TO AMEND §114.02 FARMERS' MARKET TO AMEND
THE USE OF PARKING SPACES ON THE SQUARE ON SATURDAYS, TO
CLOSE MOUNTAIN, BLOCK AND EAST STREETS TO VEHICULAR
TRAFFIC, TO PERMIT SOUND AMPLIFICATION DURING FARMERS'
MARKET WITH SPECIAL EVENTS PERMIT AND TO MAKE OTHER
CHANGES
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 (A) Establishment, locution and parking restrictions of the
Fayetteville Code by repealing it in its entirety and enacting a replacement (A) as shown below:
"(A) Operation of the Farmers' Market on the Square. The nonprofit
Rural Mountain Producers Exchange is authorized to continue to
operate the Farmers' Market on the Fayetteville Square in conformance
with the following conditions. This marketplace shall be located on the
interior parking spaces (those parking spaces adjoining the Old Post
Office) of the Downtown Square. 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 governmental communications, free speech and
acoustic music purposes. No sound amplification may be used unless
approved by the City through its Special Event Permit Process.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
moves and renames Section 114.02 (C) to (D), moves and renames Subsection (D)
to (E) and repeals Subsection (E) in its entirety.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts
a replacement subsection (B) as follows:
"(B) F,xpanded Saturday use of the Square.
(1) Three streets around the Square: East, Mountain and Block shall
be closed to vehicular traffic. The exterior parking spaces for these three
streets around the Square shall be available for vendors and exhibitors
pursuant to subsection (3) below as assigned by the Rural Mountain
Producers' Exchange management by closing these streets and parking
spaces to non -vendor vehicular traffic. Vendors using large commercial
delivery vehicles, such as box trucks, shall either be located on the interior
parking spaces around the Old Post Office Building or outside the
designated market area to maintain storefront visibility. No vendor
parking is allowed on the west side of Block Avenue, except for food
trucks which shall be limited to the southernmost and northernmost
parking spaces.
(2) Pedestrian aisles. To facilitate the flow of pedestrians between
storefront and the streets, midblock pedestrian aisles of at least five
feet in width shall be maintained on both aides of each closed street if
both sides of the street are occupied by vendors or exhibitors (as
further shown on Exhibit A which shall remain attached to this
ordinance for future reference, but not codified). On the west side of
East Avenue, the Old Post Office access easement shall be such an
aisle. On the south side of Mountain Street, the opening into the
Town Center Plaza shall be used for the aisle.
(3) Exhibition spaces. A minimum of twenty eight (28) feet on either
side of all three closed streets shall be set aside and managed by the Rural
Mountain Producers Exchange management as exhibition space for
nonprofit charitable corporations and free speech entities including issue
campaigns and candidates. The Exchange management shall make
available an online form for the reservation of exhibition space on a first -
come, first -served basis. No vehicles may be parked within exhibit spaces.
Unclaimed exhibition space shall be managed by the Rural Mountain
Producers Exchange management and may be used by store owners for
sidewalk sales, as temporary seating or by market vendors.
(4) Prepared food vendors. Vendors serving prepared food for
consumption at the Farmers' Market shall not be located directly in front of
any restaurant storefront without the written permission of the restaurant
owner. Prepared food vendors must supply their own garbage container,
ensure the area around their vending location remains constantly clean and
litter free throughout their operation and prior to leaving and remove all of
their equipment and the garbage container, the contents of which must be
properly disposed of in a private (not public) dumpslcr to which they have
legal access.
(5) Animal Services corner. The City of Fayetteville Animal
Services Division may continue to occupy its normal location in the
intersection of Mountain Street and East Avenue for its pet adoption
program and other uses."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby
amends section 114.02 (C) Articles permitted to be sold by adding "and have all
appropriate permits" to the last sentence and enacting a final sentence as follows:
"Food prepared by local vendors including baked goods from local bakeries,
nuts, coffee, tea, non-alcoholic beverages, and items from approved food trucks
may also be sold."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby enacts section
114.02 (H) Dogs on the Square during the Farmers' Alleirket as follows:
(FI) Dogs on the Square during Farmers' Market. The presence of properly leashed and
socialized dogs shall be allowed on the Square during Farmers' Market. Each person with as
leashed dog shall have on their person a plastic bag which must be used immediately by the
dog's handler or owner to remove any and all feces from their dog. The available plastic bag
must be immediately shown to any Fayetteville Animal Control Officer or Police Officer when
requested. If a dog damages any vendor's produce or product, the owner or handler shall
immediately pay the full value to the vendor for such damaged produce or product. Any
unprovoked dog that acts aggressively toward other dogs or provokes other dogs, and any dog
that growls or acts aggressively toward any person shall immediately be removed from the entire
Square area by its owner or handler and never returned until properly socialized not to be
aggressive to humans, dogs or other animals. A Fayetteville Animal Control Officer or Police
Officer can order any owner or handler to immediately remove a dog from the Farmers' Market
area if in their opinion the dog is not properly socialized or is otherwise a safety or other type of
problem. Failure to obey such lawful orders or any other violation of any provision of this
subsection can be punished by a fine of up to $250,00.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby enacts section
114.02 (I) Annual Report to City Council as follows:
"(I) Annual report to City Council, The Rural Mountain Producers Exchange shall
present its annual written report and answer questions about the operation and revenues received
and expended in the Rural Mountain Producers Exchange to the City Council during its first
meeting in March of each year. This written report shall include year-to-year changes in gross
revenues and expenditures and the portion of revenue that is used for administrative overhead,
and not actual sales numbers. It shall also provide this same information relative to its operation
on any other City property such as the Botanical Gardens at the Lake Fayetteville Park. This
information will not be combined, but differentiated between the Square and other locations. The
Rural Mountain Producers Exchange shall publish a map of the Square showing the locations of
vendor and nonprofit exhibit spaces and provide for online reservation for nonprofits.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby enacts section
114.02 (J) Vendor fees as follows:
"(J) Vendor fees. The Rural Mountain Producers Exchange shall not adjust the fees it
charges to vendors except by a vote of its full membership."
PASSED and APPROVED this 7°i day of May, 2013.
APPROVED:
By: _
LIONELD JORDAN, Mayor
ATTEST:
By: _
SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
CHAPTER 114: FOOD SALES
114.01 Drive -In Restaurants
(A) A drive-in restaurant, within the meaning of this
chapter, shag be deemed to be any restaurant
where meals, sandwiches, icecream, orotherfood,
is served directly to or is permitted to be consumed
by patrons in automobiles, motorcycles, or other
vehicles parked on the premises.
(B) Prohibited Acts.
(1) It shall be unlawful for any person, while on or
adjacent to the premises of a drive-in
restaurant, to race the motor of any car, to
suddenly start or stop any car, or to make or
cause to be made, any other loud or unseemly
noise.
(2) It shall also be unlawful for any other person
parked on the premises of such restaurant, to
blow or cause to be blown any automobile
hom or motorcycle horn at any time while so
parked.
(3) It shall be unlawful for any patron or other
person on the premises of a drive-in
restaurant, whether in or out of an automobile,
to drink any intoxicating beverage of any
nature.
(4) It shall be unlawful fora group of three or more
persons to congregate and linger at any
location on the premises of a drive-in
restaurant. Persons so congregating and
lingering shall be deemed guilty of loitering.
No person shall drive a motor vehicle on to the
premises of a drive-in restaurant and then from
said premises without parking such motor
vehicle, unless there is no unoccupied parking
space available on said premises.
(5) It shall be unlawful for any person to leave any
unoccupied motor vehicle on any drive-in
restaurant parking lot and to leave the
Premises thereof, except with the knowledge
and consent of the operator of the restaurant.
(Code 1965, §§7A-1, 7A.3, 7A-4; Ord. No. 1705.10-6-69; Code
1991, §114.01)
Cross reference(a)--Penalty, §114.99(A),
114.02 Farmer's Market
(A) Establishment, location, andparking restrictions. A
farmers' market is hereby established in the city.
CD114:3
i I)
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.
(B) Days and hours. The Farmers' Markel 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.
(C) Articles permitted to be sold. The following articles
may be sold at the marketplace established hereby:
vegetables, honey, rawjulces, molasses, fruit, and
other produce grown by the vendor thereof, plants,
art work, craft work, and other processed farm
products produced by the vendor thereof. All
products sold at the marketplace must be produced
in compliance with all applicable regulations of the
State Department of Health.
(D) Sanitation. 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) Fee. The fee to be paid by each vendor for the use
of the marketplace shall be $5.00 per year plus ten
percent of gross proceeds realized by the vendor
from sales at the marketplace
(F) Use of public streets for business prohibited,
exception. It shall be unlawful for any person to
use any public street, public parking place, or public
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10%00 am
Summary re: Farmers' Market expansion
For safety
• Block Ave will be closed to traffic this season. Center St probably closed in 2014.
Right -turns would still be allowed at each corner of the square.
When a street closes, the Market can use the parking spaces on both sides of the
street.
More space for everyone
• Vendors and nonprofittsocial groups both get more space (about 37% more each).
• Today, about 11 % of all space is reserved for nonprofits/social groups. That ratio is
maintained.
0 1 call that space exhibition space.
• Exhibition space is allocated equally to each street that is closed to traffic.
• More space for guest vendors (face painting, weaving, etc), musicians, and performance
troupes.
For the brick and mortar businesses
• Sidewalk sales are allowed, and the Farmers' Market will do cross -promotion for the
businesses.
Lines of sight from the street to the stores are maintained by limiting vehicle locations.
On Block Ave, no vehicles will be parked in front of storefronts.
c Tents are raised high enough so that passersby can see underneath them from
the street and observe the activity on the sidewalk, drawing them closer to
storefronts and sidewalk sales.
• Midblock pedestrian aisles facilitate pedestrian flow between sidewalks and the streets.
Dogs
Dog lovers will have a right to bring their dogs.
Owners must carry plastic bags and are responsible for their dogs' actions (they have to
pay the vendor if their dog damages merchandise).
Annual reporting and other information
• A map shall be published online which shows the location of vendor and exhibition
spaces.
• The Farmers' Market will put a form for reserving exhibition spaces on their website.
• The Farmers' Market must give an annual report on changes in revenue/expenses,
growth plans, etc to the City Council at their first March meeting of each year, for each of
the markets located on City property.
City Council control of vendor fees
9 The City Council repeals the government -mandated level of vendor fees but makes it law
that vendor fees can only be adjusted by a membership vote of the Rural Mountain
Producers Exchange Board. Note: Any future City Council may reimpose a vendor fee
with a new ordinance.
The annual reports will give the Council an opportunity to review the management
practices of the Market, have input on growth plans, and ample time to consider attendant
legislation, if any.
(3/8/2013) Kit Williams - Re: Farmers' Market Ordinance
From: Matthew Petty - Fayetteville Ward 2 <citycouncil@matthewpetty.org>
To: Kit Williams<kwilliams@ci.fayetteville.ar.us>
Date: 3/7/2013 1:27 PM
Subject: Re: Farmers' Market Ordinance
Good afternoon, I just wanted to follow up on this. I really want the
Council to have an opportunity to consider this at the next meeting before
the Market season really gets going.
On Mon, Mar 4, 2013 at 11:13 AM, Matthew Petty - Fayetteville Ward 2 <
citycouncil@matthewpetty.org> wrote:
> Good morning, Kit-
> I'd like bring forward an ordinance making the following four changes to
> the existing Farmers' Market ordinance. These changes were requested by the
> Market.
> Can we work these up in time for inclusion with the next agenda?
> Thanks,
>M
> x Farmers' Market Ordinance ChangesCity Ordinance XI Chapter 114.02 (A)
> - Add the south side of Mountain St to the space which shall be
> available for vendors by closing the street to through traffic.
> - Append to last sentence such that "No sound amplification devices
> may be used unless aproved by City special event permit issued to the
> Farmers' Market. No other organization or individual may apply for this
> permit during Farmers' Market hours of operations without written approval
> by the Farmers' Market.
> (C)
append "and have all appropriate permits" to the end.
> (E)
> - Remove this section.
G0r(f-K- -
r--_
iALJ
FAYETTEVILLE CODE OF ORDINANCES1
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. In
chapter, shall be deemed to be any restaurant
addition, on Saturdays only, parking spaces on the
where meals, sandwiches, ice cream, or other food,
east side of the East Street on the Downtown
is served directly to or is permitted to be consumed
Square shall be available for vendors by closing the
by patrons in automobiles, motorcycles, or other
street to through traffic. Vendors shall be permitted
vehicles parked on the premises.
to park their vehicles at right angles to street curbs
provided that no vehicle shall be permitted to
(B) Prohibited Acts.
extend into the street in such a manner as to
obstruct the free Flow of traffic, and no vehicle shall
(1) It shall be unlawful for any person, while on or
be parked within 15 feet of any fire plug. All public
adjacent to the premises of a drive-in
sidewalks around the Square shall remain freely
restaurant, to race the motor of any car, to
available to the public with the inside two-thirds
suddenly start or stop any car, or to make of
width of the sidewalks free from any tables, booths
cause to be made, any other loud or unseemly
or displays. Farmers' Market vendors may occupy
noise.
no more than one-third of the width of the sidewalk
directly in front of their assigned parking space. As
(2) It shall also be unlawful for any other person
long as pedestrian traffic is not obstructed or
parked on the premises of such restaurant, to
hindered, the corners of the Square's sidewalks
blow or cause to be blown any automobile
and any unoccupied space around the outside third
horn or motorcycle horn at any time while so
of the sidewalk can be used during the authorized
parked.
hours and days of the Farmers' Market for
government communication, free speech and
(3) It shall be unlawful for any patron or other
acoustic music purposes. No sound amplification
person on the premises of a drive-in
devices may be used.
restaurant, whether in or out of an automobile,
to drink any intoxicating beverage of any
(B) Days and hours. The Farmers' Market may be
nature.
open and operating Tuesdays and Thursdays from
6:00 a.m. until 1:00 p.m. and on Saturdays from
(4) It shall be unlawful for a group of three or more
6:00 a.m. until 2:00 p.m. from April until
persons to congregate and linger at any
Thanksgiving.
location on the premises of a drive-in
-
restaurant. Persons so congregating and
(C) Articles permitted to be sold. The following articles
lingering shall be deemed guilty of loitering.
may be sold at the marketplace established hereby:
No person shall drive a motor vehicle on to the
vegetables, honey, raw juices, molasses, fruit, and
premises of drive-in restaurant and then from
other produce grown by the vendor thereof, plants,
said premises without parking such motor
art work, craft work, and other processed farm
vehicle, unless there is no unoccupied parking
products produced by the vendor thereof. All
space available on said premises.
products sold at the marketplace must be produced
in compliance with all applicable regulations of the
(5) It shall be unlawful for any person to leave any
State Department of Health.
unoccupied motor vehicle on any drive-in
restaurant parking lot and to leave the
(D) Sanitation. At the close of each market day, each
premises thereof, except with the knowledge
vendor shall be required to leave the marketplace
and consent of the operator of the restaurant,
in a clean and sanitary condition, free from debris
and insects.
(Code 1965, §§7A-1, 7A-3, 7A-4; Ord. No. 1706,10-6-69; Code
1991, §114,01)
(E) Fee. The fee to be paid by each vendor for the use
of the marketplace shall be $5.00 per year plus ten
Cross reference(s)--Penalty. §114.99(A).
percent of gross proceeds realized by the vendor
from sales at the marketplace.
114.02 Farmer's Market
(F) Use of public streets for business prohibited,
(A) Establishment, location, and parking restrictions. A -
exception. It shall be unlawful for any person to
farmers' market is hereby established in the city.
use any public street, public parking place, or public
CD114:3
6 rev"'i
A�
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
sidewalk, as a place of business except as
authorized by this section; provided, any merchant
whose building is adjacent to a public sidewalk may
conduct business thereon if pedestrian traffic is not
obstructed thereby; provided further, the City
Council may approve temporary use of a public
street, place, or sidewalk as a marketplace where
such use is part of an event, activity, or celebration
of general public interest. The City Council may
impose reasonable conditions on such use as are
necessary to safeguard the public health, safety,
and welfare.
(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 orcity 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.
(Code 1965. §13-14; Ord. 2040, 8-20-74; Ord. No. 2846, 8-17-
82; Ord. No. 2862, 10-5-82; Ord. No. 2925, 6-7-83; Code 1991,
§114.03; Ord. No. 4045. §i, 7-15-97; Ord. No. 4248, 6-6-00;
Ord. 5309, 4-6-10)
Cross reference(s)--Penalty, §10.99.
State law reference(s)—Maintenance and regulation of
markets, A.C.A. §14-140-101.
114.03 First Thursday Fayetteville
(A) Establishment, hours and dates. First Thursday
Fayetteville is hereby established. This monthly
event shall run on the first Thursday of every
month from April through November during the
hours of 4 P.M. through 10 P.M.
(B) Location, parking restrictions and administration.
First Thursday Fayetteville shall be located and
have control over the public parking spaces along
both sides of East Avenue between Mountain
Street and Center Street, along both sides of
Center Street between East Avenue and Block
Avenue, along both sides of Block Avenue between
Center Street and Mountain Street, an`d along both
sides of Mountain Street between East Avenue and
Block Street during its hours of operation. The
Fayetteville Convention and Visitors Bureau shall
administer First Thursday Fayetteville and is
authorized to remove or request the ticketing of
vehicles parked within the allocated areas on East
Avenue, Center Street, Block Avenue and
Mountain Street between 4:00 P.M. and 10:00 -
P.M. on days of the event. The Bureau is further
CD114:4
authorized to close East Avenue between Mountain
Street and Center Street, Center Street between
East Avenue and Block Avenue, Block Avenue
between Center Street and Mountain Street and
Mountain Street between East Avenue and Block
Street to vehicular traffic during the First Thursday
Fayetteville event.
(C) Articles permitted to be sold. Only objects of art or
craft produced and sold by a local artist or
craftsperson may be sold at the First Thursday
Fayetteville event. The Fayetteville Convention
and Visitors Bureau is empowered to assign
precise locations for any vendors wishing to display
or sell their personally created art or craft work.
,(D) Sanitation. At the close of a vendor's operation (no
later than 10:00 P.M.), the vendor shall clean the
immediate area around the vendor's operation and
ensure that all trash and debris are removed and
properly discarded.
(Ord. 5307, 3-16-10; Ord. 5392, 3-15-10; Ord. 5487, 3-6-12)
114.04-114.98 Reserved
114.99 Penalty
Any person found guilty of violating any of the provisions
of §114.01 shall be deemed guilty of a misdemeanor
and shall be fined not more than $100.00.
(Code 1965. §§7A-2, 11-5; Ord. No. 786, 9-2-35; Ord. No.
1706, 10-6-69; Code 1991, §114.99; Ord No. 4046, 7-15-97)
Departmental Correspondence
TO: Chairman of the Ordinance Review Committee Alan Long
Council Member Sarah Marsh
Alderman Matthew Petty
Alderman Martin Schoppmeyer
CC: Mayor Lioneld Jordan
Alderman Justin Tennant
Alderman Adella Gray
Alderman Mark Kinion
Alderman Rhonda Adams
FROM: Kit Williams, City Attorney
DATE: May 1, 2013
TL
Kit Williams
CityAllorney
Jason B. Kelley
Assistant City Attorney
RE: Farmers' Market Ordinance as amended by Ordinance Review
Committee on April 30, 2013
I want to thank everyone for their long and careful consideration and
discussion of the proposed amendment to the Farmers' Market Ordinance last night
at the Ordinance Review Committee meeting. I have prepared and attached to this
memo what should be the final revisions agreed to last night as well as some minor
clarifications such as referring to the Rural Mountain Producers Exchange as a
"not for profit" rather than a "nonprofit" organization. Of course the major change
agreed to last night was the closure of Block, Mountain and East streets around the
Square (but not Center) and the allocation of the outside parking spaces to the
Rural Mountain Producers Exchange. All of the ordinance language changes
needed to accomplish this are in Section 3.
I also needed to include the closure of the three streets in the title of the
ordinance which is slightly longer now. I added ""available" before "plastic bag"
in section 5 for clarity.
Please review this possibly final revised ordinance and let me know if any
further changes are needed. If I do not hear about needed changes, this will go out
in the final Agenda Packet tomorrow.
Page I of 2
Lisa Branson --Re: Old Post Office, Farmer's Market, Closing Streets on the the Square
From:
City Clerk
To:
Aldermen
Date:
5/20/2013 7:17 AM
Subject: Re: Old Post Office, Farmer's Market, Closing Streets on the the Square
>>> "Adella Gray" ad ellaq@cox.net> 5/18/2013 12:01 PM »
Sandra,
Please forward this to all alderman as well as city attorney, chief of staff
and mayor.
Thank You,
Adella
-----Original Message -----
From: mrisk@dluxlink.com [mailto:mrisk@dluxlink.com)
Sent: Saturday, May 18, 2013 11:14 AM
To: adellaq@cox.netSubiect: Old Post Office, Farmer's Market, Closing Streets on the the Square
May 18, 2013
Dear Adella Gray:
My name is Mark Risk. I am writing you this note concerning the board's
discussion of closing off the streets surrounding the Fayetteville Square
for the Farmer's Market. I have had the Old Post Office (OPO) building at
the center of the square for sale since last August. It has been a
challenge to market. We currently have the building under contract,
however, the buyer is concerned about the access to the OPO building during
the times of the Farmer's Market.
The only vehicular access to the OPO is via a deeded easement from East Ave.
to the loading dock on the east side of the building. All other access is
via deeded easements along the existing sidewalks that traverse the City
Park which encompasses the OPO building. We are concerned that the owner of
the OPO, and his delivery men, will not be able to access his building by
vehicle during the hours of the Farmer's Market. We believe the owner has a
right to access his building at all times. All other buildings around the
square have access to their building's rear entrance and are not as isolated
as the OPO is by closing the streets around the square.
I have been told by many people, including past operators of the restaurants
who have occupied the OPO that the Farmer's Market had hurt their business.
I would like to think the OPO and Farmer's Market could co -exist. Please
file:///C: /Users/lbranson/AppData/Local/Temp/XPgrpwise/5199CDF7FAYETTEV ILLECI... 5/20/2013
Page 2 of 2
don't choke the center of our square by allowing the Farmer's Market to take
it over 3 days a week,
Sincerely,
Mark E. Risk
118 N.East Ave.
Fayetteville, AR
479-442-0762 (ofc.)
479-841-5404 (cell)
---------------------------------------------
This message was sent using Endymion MailMan.
http-://www.endymion.com/products/mailman/
file:///C:/Users/Ibranson/AppData/LocaVTemp/XPgrpwise/51 "CDF7FAYEMV ILLECI... 5/20/2013
Page 1 of 1
Sondra Smith - Market closing
From: Dr James R Hunt <jmar34@sbcglobal.net>
To: <rhondadamsward4_post@ci.fayetteville.ar.us>,
<adellagraywardl_posl@ci.fayetteville.ar.us>, <ljordan@ci.fayetteville.ar.us>,
<dmarr@ci.fayetteville.ar.us>, <ward3_pos2@ci.fayetteville.ar.us>,
<ssmith@ci.fayetteville.ar.us>, <W3_post@cifayetteville.ar.us>,
<kwilliams@ci.fayetteville.ar.us>
Date: 5/7/2013 11:20 AM
Subject: Market closing
We are watching with interest as you progress toward closing more portions of the square for the Market. It has
become increasingly
difficult for seniors to enjoy the market and all it provides with the dogs. Our gait is unsteady at times and a dog
pushing against you
and/or wrapping a leash around your legs causing us to just not participate any longer or try to come very early, if
possible. We are
just as concerned about the parking situation for disability shoppers and will listen/watch/read to see how this
issue is addressed.
Getting old is not for the faint hearted and we are fighting all along the way, but can use some help occasionally!
Thanks for thinking of us. mjh
file:///C:/Users/ssmith/AppData/Local/Temp/XPgrpwise/5188E369FAYETTEVILLECITY... 5/7/2013
AQ,Ptt U iota at Wu- 13 % e au,,,tJ
�_& e4u4r� a pie,
ORDINANCE NO.
AN ORDINANCE TO AMEND § 114.02 FARMERS' MARKET TO AMEND
THE USE OF PARKING SPACES ON THE SQUARE ON SATURDAYS, TO
PERMIT SOUND AMPLIFICATION DURING FARMERS' MARKET WITH
A SPECIAL EVENT PERMIT AND TO MAKE OTHER CHANGES
BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Cotptcil of the City of Fayetteville, Arkansas hereby amends
§114.02 Farmers' Market (4) Eshablishment, location and parking restrictions of the
Fayetteville Code by repealing it in its en 'rety and enacting a replacement (A) as shown below:
"(A) Operation of the Farmers' Market on the Square. The nonprofit
Rural Mountain Producers Exchange is authorized to continue to
operate the Farmers' Market on the Fayetteville Square in conformance
with the following conditions. This marketplace shall be located on the
interior parking spaces (those parking spaces adjoining the Old Post
Office) of the Downtown Square. Vendors hall be permitted to park
their vehicles'at right angles to street curbs p' ded 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
remai7/freely available to the public with the inside two-thirds width of
the sidewalks free from any tables, booths or displays. 'Fanners'
Market vendors may occupy no more than one-third of the widih ;of the
sidewalk directly in front of their assigned parking space. As long, as
I
edestrian 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 governmental communications, free speech and
acoustic music purposes. No sound amplification may be used unless
approved by the City through its Special Event Permit Process.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby moves
and renames Section 114.02 (B) to (C), moves and renames Subsection (C) to (D), moves and
renames Subsection (D) to (E), and repeals Subsection (E) in its entirety.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts a
replacement subsection (B) as follows:
"(B) Expanded Saturday use of the Square.
(1) All streets closed. The exterior parking spaces for all streets
`around the Square: East, Center, Block and Mountain shall be available
ibr vendors as assigned by the Rural Mountain Producers' Exchange
management by closing all four streets to non -vendor vehicular traffic.
Vendors using large commercial delivery vehicles, such as box trucks,
shall either be located on the interior parking spaces around the Old Post
Office Building or park their vehicles outside'the designated market area
to maintain'storefront visibility. The Rural Mountain Producers Exchange
management hiay leave Center Street or Block Avenue open to through
traffic if there is an insufficient number of vendors to fill the north side
parking spaces 4\Center Street or the'west side of Block Avenue. The
requirements of this, subsection shall, not apply to Center Street when it
remains open to through traffic. No vendor parking is allowed on the west
side of Block Avenue, a cept for food trucks which shall be limited to the
southern most and northern most Parking spaces.
(2) Pedestrian aisles. facilitate the flow of pedestrians between
storefronts and the streets, mid ock pedestrian aisles of at least five feet
in width shall be maintained on b th sides of each closed street. On the
west side of East Avenue, the Old st Office access easement shall be
such an aisle. On the sQ6th side of tain Street, the opening into the
Town Center Plaza shall be used for the ' le.
(3) Exhibition spaces. A minimum o twenty eight (28) feet on
either side of each' closed street shall be set a 'de and managed by the
Rural Mountain Producers Exchange management s exhibition space for
nonprofit entitie6. The Exchange management sha take available an
online form for the reservation of exhibition space on a first -come, first -
served basis/ No vehicles may be parked within exhibit spaces.
Unclaimed exhibition space shall be managed by the Rural Mountain
Producers 9xchange management and may be used by store owners for
sidewalk sales, as temporary seating or by market vendors.
(4) Prepared food vendors. Vendors serving prepared food for
consumption at the Farmers' Market shall not be located directly in front
of any restaurant storefront without the written permission of the
restaurant owner.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends
section 114.02 (C) Articles permitted to be sold by adding "and have all appropriate permits" to
the last sentence. ;
Section 5: That the City Council of the City of Fayetteville, Arka sas hereby enacts
section 114.02 (H) Dogs on the Square during the Farmers' Market as folio s:
(H) Dogs on the Square during Far'merx' Market, Tlt presence of
properly 'leashed and socialized dogs shall be allowed n the Square
during Far6rs' Market. Each person with a leashed P6g shall have on
their person a plastic bag which must be used imme Sately by the dog's
n handler or owrler to remove any and all feces froreir dog. Such bag
must be immediately shown to any Fayetteville Animal Control Officer or
Police Officer wh requested. If a dog damag any vendor's produce or
product, the owner�r handler shall immediaj ly pay the full value to the
vendor for such damaged produce or prod t. Any unprovoked dog that
acts aggressively towaid other dogs or p vokes other dogs, and any dog
that growls or acts aggressively towar any person shall immediately be
removed from the entire Square are by its owner or handler and never
returned until properly socialized jot to be aggressive to humans, dogs or
other animals. A Fayetteville'Anlral Control Officer or Police Officer can
order any owner or handler .4o immediately remove a dog from the
Farmers' Market area if in theirbpinion the dog is not properly socialized
or is otherwise a safety os/ other Py e of problem. Failure to obey such
lawful orders or any otlic �violationb' any provision of this subsection can
be punished by a fine of up to $250.00\
Section 6: That the City Council of the Glt of Fayetteville, Arkansas hereby enacts
section 114.02 (I) Annual Deport to City Council as fol ows:
"(I) Annual report to City Council. The)�ural Mountain Producers
Exchange shall present its annual written repor and answer questions
about the/operation and revenues received and expended in the Rural
Mount�ri Producers Exchange to the City Council during its first meeting
in March of each year. This written report shall include year-to-year
changes in gross revenues and expenditures and the portion of revenue
th4t is used for administrative overhead, and not actual sales numbers. It
shall also provide this same information relative to its operation on any
other City property such as the Botanical Gardens at the Lake Fayetteville
Park. This information will not be combined, but differentiated between
the Square and other locations. The Rural Mountain Producers Exchange
shall publish a map of the Square showing the locations of vendor and
nonprofit exhibit spaces and provide for online reservation for nonprofits.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby enacts
section 114.02 (J) Fees as follows:
"(J) Vendor Fees. The Rural Mountain Producers Exchange shall
not adjust the fees it charges to vendors except with a vote of its full
membership.
PASSED and APPROVED this 16a' day of April, 2013
APPROVED: \ ATTE,ST:
M
LIONELD JORDAN, Mayor / SONDRA E. SMITH, City Clerk/Treasurer
Z.eU1,
61413
ORDINANCE NO.
AN ORDINANCE TO AMEND § 114.02 FARMERS' MARKET TO AMEND
THE USE OF PARKING SPACES ON THE SQUARE ON SATURDAYS, TO
CLOSE MOUNTAIN, BLOCK AND EAST STREETS TO VEHICULAR
TRAFFIC, TO PERMIT SOUND AMPLIFICATION DURING FARMERS'
MARKET WITH SPECIAL EVENTS PERMIT AND TO MAKE OTHE
CHANGES
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 (A) Establishment, location and ppi`king restrictions of the
Fayetteville Code by repealing it in its entirety and enacting a replgcetnent (A) as shown below:
"(A) Operation of the Farmers' Market on thelSquare. The not for
profit Rural Mountain Producers Exchange is authorized to continue to
operate the Farmers' ket on the Fayetteville Square in conformance
with the following condiY ns. This market
lace shall be located on the
interior parking spaces (th` se parking spaces adjoining the Old Post
Office) of the Downtown Square. Vendors shall be permitted to park
their vehicles at right angles\space
treet curbs provided that no vehicle
shall be permitted to extendAhe street in such a manner as to
obstruct the free flow of traffd no vehicle shall be parked within
15 feet of any fire plug. All c idewalks around the Square shall
remain freely available to the ic 'th the inside two-thirds width of
the sidewalks free from anyles, ooths or displays. Farmers'
Market vendors may occupy nre that one-third of the width of the
sidewalk directly in #dnt of tssigned arking space. As long as
pedestrian traffic is not obsed or hin red, the comers of the
Square's sidewallC� and any uupied space round the outside third
of the sidewalk,6n be used dthe authorize hours and days of the
Farmers' M �et for governl communicati is, free speech and
acoustic sic purposes. Nod amplification y be used unless
approved by the City through ecial Event Permit ocess.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
moves and renames Section 114.02 (C) to (D), moves and renames Subsection (D)
to (E) and repeals Subsection (E) in its entirety.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby enacts
a replacement subsection (B) as follows:
"(B) Expanded Saturday use of the Square.
(1) Three streets around the Square: East, Mountain and Block shall
be closed to vehicular traffic. The exterior parking spaces for these three
streets around the Square shall be available for vendors and exhibitors
pursuant to subsection (3) below as assigned by the Rural Mountain
Producers' Exchange management by closing these streets and parki g
spaces to non -vendor vehicular traffic. Vendors using large co/sid
cial
delivery vehicles, such as box trucks, shall either be located on thrior
parking spacces around the Old Post Office Building or o the
designated market area to maintain storefront visibility. o vendor
parking is allowed on the west side of Block Avenue, Y6cept for food
trucks which shall be limited to the southernmost d northernmost
parking spaces. \
(2) Pedestrian ai9 es. To facilitate the flo of pedestrians between
storefront and the streets, midblock pede rian aisles of at least five
feet in width shall be maintained on b9t aides of each closed street
(as further shown on hibit A whi shall remain attached to this
ordinance for future refe ence, but of codified). On the west side of
East Avenue, the Old Post Oaccess easement shall be such an
aisle. On the south side 6ffi:de tMountain Street, the opening into the
Town Center Plaza shall be ifskd
(3) Exhibition spaces.,,A mininn
side of all three closed streccts shall be
Mountain Producers Exchange mar
for the aisle.
of twenty eight (28) feet on either
aside and managed by the Rural
ent as exhibition space for
nonprofit entities. The Exchange manage ent shall make available an
online form for the reservation of exhibition ace on a first -come, first -
served basis. No vehicles may be parked within hibit spaces. Unclaimed
exhibition sp,p�e shall be managed by the Rur Mountain Producers
Exchange management and may be used by store wners for sidewalk
sales, as temporary seating or by market vendors
,' (4) Prepared food vendors. Vendors serving pre ed food for
consumption at the Farmers' Market shall not be located direct in front of
any restaurant storefront without the written permission of the staurant
owner.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby
amends section 114.02 (C) Articles permitted to be sold by adding "and have all
appropriate permits" to the last sentence.
Section 5: That the City Council of the City of Fayetteville, Arkansas her y enacts section
114.02 (H) Doge on the Square during the Farmers' Market as follows:
(H) Dogs on IIh\e Square during Farmers' Market. The prese ce of properly leashed and
socialized dogs shall b8Iallowed on the Square during Farmers' arket. Each person with as
leashed dog shall have oh their person a plastic bag which in st be used immediately by the
dog's handler or owner to rpinove any and all feces frordamaged
r dog. The available plastic bag
must be immediately shown\to any Fayetteville Animalol Officer or Police Officer when
requested. If a dog damages\any vendor's produce ouct, the owner or handler shall
immediately pay the full value �[o the vendor for sue produce or product. Any
unprovoked dog that acts aggressively toward other#gs or provokes other dogs, and any dog
that growls or acts aggressively toward any person �halI immediately be removed from the entire
Square area by its owner or handlei\and i
aggressive to humans, dogs or other anim�a�l
Officer can order any owner or handler toxin
area if in their opinion the dog is not proper
problem. Failure to obey such lawful o c
subsection can be punished by a fine ofyp to
ver,''retumed until properly socialized not to be
Fayetteville Animal Control Officer or Police
ediately remove a dog from the Farmers' Market
socialized or is otherwise a safety or other type of
3 or any other violation of any provision of this
250.00.
Section 6: That the City Coug6l of the City of Faye ville, Arkansas hereby enacts section
114.02 (I) Annual Report to C�(y Council as follows:
"(I) Annual repgf t to City Council, The Rural Mou in Producers Exchange shall
present its annual written report and answer questions about the op ation and revenues received
and expended in thF Rural Mountain Producers Exchange to the C Council during its first
meeting in March 6f each year. This written report shall include year- -year changes in gross
revenues and expenditures and the portion of revenue that is used for a inistrative overhead,
and not actual.Wes numbers. It shall also provide this same information re ive to its operation
on any other City property such as the Botanical Gardens at the Lake Faye ville Park. This
informaiigri will not be combined, but differentiated between the Square and othe ocations. The
Rural Mountain Producers Exchange shall publish a map of the Square showing th ocations of
vendq and nonprofit exhibit spaces and provide for online reservation for nonprofits.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby enacts section
114.02 (J) Vendor fees as follows:
"(J) Vendor fees. The Rural
charges to vendors except by a vote o
PASSED and APPROVED tl
APPROVED:
By:
LIONELD JORDAN, Mayor
au � rarcy�.c�a
AN ORDINANCE TO AMEND § 114.02 :kRMERS' MARKET TO
TRANSFER THE CURRENT'FREE USE OF IE SOUTH PARKING SPACES
ON MOUNTAIN STREET TO'THE CONT L OF THE RURAL MOUNTAIN
PRODUCERS EXCHANGE BOARD, T CLOSE MOUNTAIN STREET TO
TRAFFIC, TO PERMIT SOUND A LIFICATION DURING FARMERS'
MARKET AND TO MAKE OTHER ANGES
BE IT ORDAINED BY �iHE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: / \
Section 1: That the City ouncil of the City of Fayetteville, Arkansas hereby amends
§114.02 Farmers' Market ) Establishment, location and parking restrictions of the
Fayetteville Code by amendi the third sentence to include "and on the south side of Mountain
Street" and amending the I"t sentence to allow amplified music by special event permit so that
§I14.02(A) shall read: /
"(A) Est blishment, location and parking restrictions. A farmers'
market hereby established in the city. This marketplace shall be
locate on the interior parking spaces (those parking spaces adjoining
the ld Post Office) of the Downtown Square. In` addition, on
Sat days only, parking spaces on the ease side of East Avenue and on
th south side of Mountain Street on the Downtown Square shall be
available for vendors by closing the street to through traffic.\Vendors
$hall be permitted to park their vehicles at right angles to street curbs
provided that no vehicle shall be permitted to extend into the sheet 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
oufside third of the sidewalk can be used during the author ed hours
and days of the Farmers' Market for government commu cation, free
speech and acoustic music purposes. No sound amplif} ation may be
used unless approved by the Rural Mountain Proy4iicers Exchange
Board and City through its Special Event Permit Pro ess.
Section 2: That the City Council of the City of F�etteville, Arkansas hereby amends
§114.02 (C) Articles permitted to be sold by adding "and !1 e all appropriate permits" to the last
sentence.
Section 3: That the City Council of the Cit7! of Fayetteville, Arkansas hereby amends
§114.02 (E) Fee by repealing it nd relettering subsections (F) & (G) appropriately.
PASSED and APPROVED this 19`h day of March, 2013.
APPROVED: ATTEST:
in
LIONELD JORDAN, Mayor
By:'1,
SONDRA E. SMITH, City Clerk/Treasurer
ORDINANCE NO.
AN ORDINANCE TO AP
THE USE OF PARKING
PERMIT SOUND AMPL
A SPECIAL EVENT PER
BE IT ORDAINED BY
FAYETTEVILLE, ARKANSAS:
§114.02 FARMERS' MARKET TO AMEND
'ES ON THE SQUARE ON SATURDAYS, TO
TION DURINO FARMERS' MARKET WITH
ND TO OTHER CHANGES
COUNCIL OF THE CITY OF
Section 1: That the City Council of the, City of Fayetteville, Arkansas hereby amends
§114.02 Farmers' Market (A) Establ' hmeni, location and parking restrictions of the
Fayetteville Code by repealing it in its a irety and'enacting a replacement (A) as shown below:
"(/ndors
Operation of the F rmers' Market n the Square. The nonprofit
RMountain Prod ers Exchange is, authorized to continue to
ope the Farmers' arket on the Fayetteville Square in conformance
whe following c ditions. This marketplace shall be located on the
inr parking sp ces (those parking spaces adjoining the Old Post
O) of the Do ntown Square. Vendors shall be permitted to park
thvehicles at right angles to street curbs pr` vided that no vehicle
shbe permi ed to extend into the street inich a manner as to
obct the f e flow of traffic, and no vehicle shall be parked within
15t of a fire plug. All public sidewalks aroun4 the Square shall
ren fre y available to the public with the inside two-thirds width of
thdew Iks free from any tables, booths or displays. Farmers'
Mt v ndors may occupy no more than one-third of the width of the
sia directly in front of their assigned parking space. As long as
petan traffic is not obstructed or hindered, the corners of the
Sqe's sidewalks and any unoccupied space around the outside third
of sidewalk can be used during the authorized hours and days of the
Farmers' Market for governmental communications, free speech and
acoustic music purposes. No sound amplification may be used unless
approved by the City through its Special Event Permit Process.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby moves
and renames Section 114.02 (B) to (C), moves and renames Subsection (Ysas
D), moves and
renames Subsection (D) to (E), and repeals Subsection (E) in its entirety.
Section 3: That the City Council of the City of Fayetteville, Arereby enacts a
replacement subsection (B) as follows:
"(B) ExpanAd Saturday use of the Square.
(1) All greets
around the Sq e:
for vendors as si
management by c
Vendors using larg
shall either be locat
Office Building or
to maintain storefro
management may le
insufficient number
requirements of this
remains open to thro
side of Block Avenue, except fot
southern most and northern most
closed. The exterior parking
East, Center, Block and Moun
gned by the Rural Mountain
sing all four streets to non-u
commercial delivery vehicle
c on the interior parking space
par their vehicles outsi& the
it vi 'bility. The Rural f �i ounta
ave C ter Street ope to throu
of ven rs to fill th6 north si
subsectt n shall not apply to
ugh traffic. No vendor parking
spaces for all streets
ta)h shall be available
roducers' Exchange
ndor vehicular traffic.
s, such as box trucks,
s around the Old Post
designated market area
in Producers Exchange
gh traffic if there is an
de parking spaces. The
Center Street when it
is allowed on the west
trucks which shall be limited to the
ng spaces.
(2) Pedestrian aisles. To/facili to
storefronts and the streets, midblock
in width shall be maintained on both si
west side of East Avenue, the Old Post
such an aisle. On the south side of Mou
Town Center Plaza shall be used for the s
the flow of pedestrians between
estrian aisles of at least five feet
es of each closed street. On the
fftce access easement shall be
n in Street, the opening into the
(3) Exhibition spaces. A minimum o wenty eight (28) feet on
either side of each closed street shall be set a 'de and managed by the
Rural Mountain Producers Exchange managemen cps exhibition space for
nonprofit entities: The Exchange management shall make available an
online form for/the reservation of exhibition space on a first -come, first -
served basis. No vehicles may be parked within`,exhibit spaces.
Unclaimed exhibition space shall be managed by the Rural Mountain
Producers Exchange management and may be used by store owners for
sidewalk sales, as temporary seating or by market vendors.
(4) Prepared food vendors. Vendors serving prepared food for
consumption at the Farmers' Market shall not be located directly in front
of �y restaurant storefront without the written permission of the
restaurant owner.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends
section 114.02 (C) Articles permitted to be sold by adding "and have all appropriate permits" to
the last sentence.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby enacts
section 114.02 (H) Dogs on the Square during the Farmers' Market asfollows:
(H) Dogs n the Square during Farmers' Market. The presence of
properly leashe and socialized dogs shall be allowed on the Square
during Farmers' arket. Each person with a leashe dog shall have on
their person a plastic bag which must be used imiu#iately by the dog's
handler or owner to move any and all feces froo their dog. Such bag
must be immediately shown to any Fayetteville imal Control Officer or
Police Officer when requ4ted. If a dog damageiany vendor's produce or
product, the owner or handler shall immediately pay the full value to the
vendor for such damaged produce or product. Any unprovoked dog that
acts aggressively toward other dogs or proyokes other dogs, and any dog
that growls or acts aggressively\toward any person shall immediately be
removed from the entire Square area b� its owner or handler and never
returned until properly socialized n to be aggressive to humans, dogs or
other animals. A Fayetteville Animal�ontrol Officer or Police Officer can
order any owner or handler to irriniediately remove a dog from the
Farmers' Market area if in their opinion the dog is not properly socialized
or is otherwise a safety or otherAype of problem. Failure to obey such
lawful orders or any other violatjon of any provision of this subsection can
be punished by a fine of up to $250.00,
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby enacts
section 114.02 (I) Annual Report to City Council as follows:
"(I) Annual report t/ City Council. The Rural Mountain Producers
Exchange shall present its annual written report and answer questions
about the operation and revenues received and expenin the Rural
Mountain Producers Exchange to the City Council during 1 first meeting
in March of each year. This written report shall include 'year-to-year
changes in gross revenues and expenditures and the portion of revenue
that is used for administrative overhead. It shall also provide this same
information relative to its operation on any other City property such \ the
Botanical Gardens at the Lake Fayetteville Park. This information will of
be combined, but differentiated between the Square and other locations.
The Rural 'Mountain Producers Exchange shall publish a map of the
Square showing the locations of vendor and nonprofit exhibit spaces and
provide for online reservation for nonprofits.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby enacts
section 114.02 (J) Fees as follows:
"(J) Vendor Fees, The Rural Mountain Producers Exchange shall
not adjust the fees it charges to vendors except with a vote of its full
membership.
PASSED and A
APPROVED:
am
LIONELD JORDAN, Mayor
this I6"' day of
13.
ATTEST:
/ /By:
SONDRA E. SMITH, City Clerk/Treasurer
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
NF�SPAPERSLLC THE MORNING NEWS OF ROGERS
ENOTON COUNTY Y DAILY RETIMES
CO D
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. SOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas
Newspapers, LLC, printed and published in Benton County and Washington County,
Arkansas, of bona fide circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE RECEIVED
Ordinance No. 5587
JUN 2 8 2013
Was inserted in the regular edition of CITY OF FAYETTEVILLE
The Northwest Arkansas Times CITY CLERK'S OFFICE
on: June 20, 2013
Publication Costs: $ 415.04
0aLz-&.
Karen Caler
Subscribed and sworn to before me (See Attached)
This,, 4�0,day o , 2013.
H
MOO
Notary Public Z. OAR tARY `y
a_
My Commission Expires:��G
**Do Not Pay from Affidavit**
**Invoice will be sent**
(3) Exhibition spaces. A minimum of twenty eight (28) feet on either
side of all three closed streets shall be set aside, integrated and man-
aged by the Rural Mountain Producers Exchange management as
exhibition space for nonprofit charitable corporations and free speech
entities including issue campaigns and candidates. The Exchange
management shall make available an online form for the reservation of
exhibition space on a first -come, first -served basis. No vehicles May
be parked within exhibit spaces. Unclaimed exhibition space shall be
managed by the Rural Mountain Producers Exchange management and
may be used by store owners for sidewalk sales, as temporary seating
or by market vendors.
(4) Prepared food vendors. Vendors serving prepared food for con-
- - sumption at the Farmers' Market shall not be located directly in front
of any restaurant storefront without the written permission of the
restaurant owner. Prepared food vendors must supply their own gar-
bage container, ensure the area around their vending location remains
constantly clean and litter free throughout their operation and prior to
leaving and remove all of their equipment and the garbage container,
the contents of which must be properly disposed of in a private (not
public) dumpster to which they have legal access.
(5) Animal Services come, The City of Fayetteville Animal Services
Division may continue to occupy its normal location in the intersection
of Mountain Street and East Avenue for its pet adoption program and
other uses."
.Section 4: That the City Council of the City of Fayetteville, Arkansas hereby
amends section 114.02 (C) Articles permitted to be sold by adding "and have
all appropriate permits" to the last sentence and enacting a final sentence as
"Food prepared by local vendors including baked goads from local bakeries, nuts,
coffee, tea, non-alcoholic beverages, and items from approved food trucks may
also be sold."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby enacts
'section 114.02 (H) Dogs on the Square during the Farmers' Market as follows:
(H) Dogs on the Square during Farmers' Market. The presence of properly
leashed and socialized dogs shall be allowed on the Square during Farmers'
Market. Each person with as leashed dog shall Immediately clean up and
remove any and all feces from their dog. The available plastic bag must be
immediately shown to any Fayetteville Animal Control Officer or Police Officer
when requested. if a dog damages any vendor's produce or product, the
owner or handier shall immediately pay the full value to the vendor for such
damaged produce or product. Any unprovoked dog that acts aggressively
toward other dogs or provokes other dogs, and any dog that growls or acts
aggressively toward any person shall immediately be removed from the entire
Square area by its owner or handler and never, retumed until properly Social-
ized not to be aggressive to humans, dogs or other animals. A Fayetteville
Animal Control Officer or Police Officer can order any owner or handler to
immediately remove a dog from the Farmers' Market area If in their opinion
the dog is not properly socialized or is otherwise a safety or other type of
problem. Failure to obey such lawful orders or any other violation of any From
vision of this subsection can be punished by a fine of up to $250.00.
Sih;tIon: That the City Council of the City of Fayetteville, Arkansas hereby enacts
section 114.02 (p Annual Report to City Council as follows:
,T) Annual report to City Council. The Rural Mountain Producers Exchange ,
shall present its annual written report and answer questions about the opera-
tion and revenues received and expended in the Rural Mountain Producers
_.'Exchange to the City Council during its first meeting in March of each year:
This written report shall include year-to-year changes in gross revenues
and expenditures and the portion of revenue that is used for administrative
overhead, and not actual sales numbers.. It shall also provide this same
information relative to its operation on any other City property such as the
Botanical Gardens at the Lake Fayetteville Park. This information will not be
combined, but differentiated between the Square and other locations. The
Rural Mountain Producers Exchange shall publish a map of the Square show-
ing the locations of vendor and nonprofit exhibit spaces and provide for online
reservation for nonprofits.
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby enacts
section 114.02 (J) Vendor fees as follows:
"(J) Vendor fees. The Rural Mountain Producers Exchange shall not adjust the
fees it charges to vendors except by a vote of its full membership."
PASSED and APPROVED this 4th day of June, 2013.
APPROVED: ATTEST:
Mayot
SONDRA E. SMITH, City ClerklTreasurer