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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 2U. � i i`NN u 6da(e-J ay auvJ1eL- AGENDA REQUEST -13 maittk /9 , a,913 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) � .- (-Z- Date 2- Date P'u, 1-1.11 7(,bhjT 71.11j) -�-/,-//z; 0C f 2 1A, IV) 0- '11AA-2 Pd It,) /v MP A. L A k J Departmental Correspondence 6 iL A 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 'rWkk"� 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