ORD NO 14-2008 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO.14 -2008
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO ESTABLISH THE OLD TOWN VAN
BUREN FARMERS' MARKET; CREATING AN EXCEPTION
TO THE CITY PRIVILEGE LICENSE REQUIREMENT;
DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren wishes to establish the Old Town Van Buren Farmers' Market
to support our region's farmers; to connect consumers directly to local food
producers; to strengthen urban -rural community bonds; to educate the general public
on the benefits of eating locally produced food; and to promote consumer
opportunities for "greener" shopping and healthier diets; and
WHEREAS, the City of Van Buren and the Old Town Van Buren Merchants Association wish to
create vibrant opportunities for the region's agriculture community to come together
with urban residents to share the bounty of our land; to maximize the local
consumption of local foods through leadership in the farm direct movement; and
benefit from "greener" distribution channels for farm direct products; and
WHEREAS, the establishment of a farmers' market will benefit area farmers and the producers of
food goods and produce; local businesses that use food products; and consumers of
all income levels who will gain access to healthier, fresher, Less transported foods,
in addition to supporting regional agriculture; and
WHEREAS, the City of Van Buren has found that the purposes herein require immediate
attention, for the protection of the health, welfare and safety of the inhabitants of the
City of Van Buren, and as herein set out, an emergency exists and is hereby declared
to exist, and this ordinance shall be and become effective immediately upon this
passage and adoption by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
SECTION L The City of Van Buren hereby establishes the Old Town Van Buren Farmers' Market
which shall be located at the Old Town Van Buren Parking lot, located on Webster
and 7t and 8' Streets in Historic Downtown Van Buren, on the dates and times
proscribed herein.
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SECTION 2: The farmers' market established hereto may be opened every Saturday, beginning on
the 3` weekend in May, through the 1" weekend in October, but shall not be open on
any other day. This market shall open no earlier than 6:00 a.m. and shall close no
later than 1:00 p.m. during those permissible dates.
SECTION 3: The following goods are hereby authorized to be sold at the Old Town Van Buren
Farmers Market: vegetables, honey, raw juices, molasses, fruit, plants, and other
produce or agricultural items grown by the Vendor thereof, and any processed farm
products derived therefrom and produced by the Vendor thereof. All products sold
at the fanners' market must be produced in compliance with all applicable
regulations of the U.S. Department of 1- Iealth, and /or the U.S. Department of
Agriculture, and /or any like agency or agencies of the State of Arkansas.
SECTION 4: Individual Vendors selling permitted items at the fanners' market shall be exempt
from obtaining a business privilege license from the City of Van Buren. Vendors
shall however be required to comply with any Federal, State, County, or City statues
or ordinances otherwise applicable, including but not limited to those relating to sales
tax, sanitation, or food manufacturing or sales.
SECTION 5: The farmers' market shall be under the supervision of the Old Town Van Buren
Merchants Association, which shall establish and enforce appropriate rules and
regulations relative to the operation of the farmers' market; and shall promptly
remove or cause to be removed any person who is disorderly, or who refuses to obey
any rule or regulation made for the management or conduct of the farmers' market.
SECTION 6: Every person who shall offer for sale, at the farmers' market, any article by weight
or measure shall have all scales, weights and measures properly examined, tested,
stamped, and sealed in accordance with state law.
SECTION 7: At the end of each market day. each Vendor shall be required to leave the
marketplace in a clean and sanitary condition, free from waste, debris and insects.
SECTION 8: The Old Town Van Buren Merchants Association shall make conveniently located
toilet facilities available for market Vendors. A signed letter from the property or
business owner granting the market Vendors access to toilet facilities shall be
submitted annually to the Van Buren Code Enforcement officials.
SECTION 9: Parking is prohibited to anyone other than the holder of the farmers' market space(s),
as assigned by the Old Town Van Buren Merchants Association, or its designee, on
the days and times established above. Removal of an unauthorized vehicle by police
impoundment is to be upon complaint of a city official or the Old Town Van Buren
Merchants Association or its designee and shall be enforceable beginning one hour
prior to opening of the fanners' market on days as specified above.
SECTION 10: Emergency Clause. The Van Buren City Council has determined that an emergency
exists and that the immediate adoption and enforcement of this ordinance being
necessary for the public peace, health, safety and welfare, the provisions hereof shall
be in full force and effect from and after its passage.
SECTION 11: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein, is declared to be unconstitutional, inappropriate, or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
SECTION 12: All ordinances, resolutions or other acts of the City in conflict with the terms hereof
are repealed or amended to the extent of any such conflict.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 5 for and 0 against, the foregoing Ordinance at its meeting
held on the jJ_ day of(di,DT, 2008.
Robert D. Freeman, Mayo
ATTESTED: APPRSVED AS T• FORM.
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Barbie Curtis, City Clerk /Treasurer N. Do ald Jenkingar Att