ORD NO 09-2012 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. q -2012
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING ORDINANCE NO. 14-
2008 TO MODIFY THE NAME OF THE FARMERS
MARKET AND TO CHANGE SUPERVISION OF
THE MARKET TO THE FARMERS MARKET
GROWERS ASSOCIATION; DECLARING AN
EMERGENCY, AND FOR OTHER PURPOSES.
WHEREAS, the Old Town Merchants Association, supervisory committee for the Old Town Van
Buren Farmers Market pursuant to the authority of Ordinance No. 14 -2008, has decided
not to conduct the Old Town Van Buren Farmers Market at the current location provided
for in Ordinance No. 14 -2008; and
WI- IEREAS, the Farmers Market Growers Association wishes to take on responsibility for the farmers
market at a new location in the City of Van Buren; and
WHEREAS, it is necessary to amend Ordinance No. 14 -2008 in order to allow the Farmers Market
Growers Association to supervise and open the farmers market in a new location; and
WHEREAS, modifying Ordinance No. 14 -2008 to change the name of the market, change the
committee responsible for the supervision of the market, and to extend the period and
days of the market will support our region's farmers; ensure the market remains open to
consumers in the City; connects consumers directly to local food producers; strengthens
urban -rural community bonds; educates the general public on the benefits of eating
locally produced food; and promotes consumer opportunities for "greener" shopping and
healthier diets; and
WI- IEREAS, the amendment of Ordinance No. 14 -2008 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 finds that without immediate passage the farmers market will no
longer exist which will fail to satisfy the purposes set forth herein, and, therefore, 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, THAT:
SECTION I: The City of Van Buren hereby amends Section 1 of Ordinance No. 14 -2008 to modify the
name of the "Old Town Van Buren Farriers' Market" to the "Van Buren Farmers
Market." Ordinance No. 14 -2008 is further amended to provide that the Van Buren
Farmers Market shall be organized and managed by the Fanners Market Growers
Association (FMGA). The Old Town Van Buren Merchants Association shall no longer
be responsible for or provide supervision for the farmers market and Ordinance No. 14-
2008 is amended to reflect the change in supervision.
SECTION 2: Section 1 of Ordinance No. 14 -2008 is further modified to amend the location
requirement. Specifically, it is amended to state as follows: "On an annual basis, the Van
Buren City Council shall determine the location of the farmers market within the
corporate limits of the City. That determination will be based on a site location request
made by the FMGA to the City Council. The request must be submitted to the Mayor's
office at least thirty (30) days prior to the proposed fanners market opening date."
SECTION 3: Section 2 of Ordinance 14 -2008 is amended to extend the period that the farmers market
may be opened, beginning no earlier than April 1, through December 31. The fanners
market will continue to be opened on Saturdays, and Section 2 of Ordinance 14 -2008 is
further amended to provide that the market may be opened one additional weekday,
subject to City Council approval, and subject to the availability of goods. The additional
weekday request must be submitted to the Mayor's office at least thirty (30) days prior to
the proposed fanners market opening date. This market shall open no earlier than 6:00
a.m. and shall close no later than 1:00 p.m. during the permissible dates.
SECTION 4: Section 3 of Ordinance 14 -2008 is amended to provide and substitute the goods
authorized to be sold at the farmers market to include:
1. Fruits, vegetables, field crops.
2. Plants, flowers (fresh and dried), herbs, tree and garden related items.
3. Honey, eggs, nuts, baked goods, jams and jellies, candy, fruit butters,
cheese, condiments.
4. Dairy products.
All products sold at the farmers market must be produced in compliance with all
applicable regulations of the U.S. Department of Health, and /or the U.S. Department of
Agriculture, and /or any like agency or agencies of the State of Arkansas.
SECTION 5: Section 4 of Ordinance No. 14 -2008 is amended to provide that the individual vendors
shall be exempt from both a business privilege license and a mobile vending permit.
SECTION 6: Section 5 of Ordinance 14 -2008 is amended to substitute the "Fanners Market Growers
Association" for the "Old Town Merchants Association."
SECTION 7: Section 8 of Ordinance 14 -2008 is amended to substitute the "Farmers Market Growers
Association" for the "Old Town Merchants Association."
SECTION 8: Section 9 of Ordinance 14 -2008 is amended to be removed in its entirety.
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SECTION 9: 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 10: 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 11: 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. The remaining provisions of
Ordinance No. 14 -2008 not specifically modified or amended herein remain in full force
and effect.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of (p for and 0 against, the foregoing Ordinance at its special meeting
held on the 3 day of May 2012.
1
ts
Robert D. Free
Mayor
ATTESTED: PP ED AS TO FORM: r •t A,
a Pliclitlaii
lk.L1 Curtis Candice A. Settle
134, City Clerk/Treasurer City Attorney