[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 5-10-2010 by Ord. No. 2010-06. Amendments noted where applicable.]
This chapter shall be cited and referred to as "Farmers' Market."
For the purpose of this chapter, unless the context clearly indicates a different meaning, the following definitions shall apply:
- AGRICULTURAL VENDORS
- Local farmers that produce and/or grow one or more of the following products: fruit, vegetables, plants (starts, annuals, perennials, herbs), cut flowers and herbs, dairy products, farm-raised meat, seafood, and eggs. Also included are value-added products, such as jams, jellies, salsa, honey, soaps, herbal oils, etc., which are made from one or more of the above-referenced items.
- CRAFT VENDORS
- Vendors that take an active part in the making of the items they sell.
- FARMERS' MARKET
- The area set aside for the use of selling agricultural products, food products and crafts.
- FOOD VENDORS
- Vendors that take an active part in making/baking the majority of the items they sell.
[Amended 5-13-2013 by Ord. No. 2013-08]
An area of the City-owned Carslake Community Center parking lot located at 207 Crosswicks Street adjacent to the Carslake Community Center and Gilder Field Park as designated by the City of Bordentown is set apart as the farmers' market at specified times during the year for the use of agricultural, food and craft vendors, subject to the rules and regulations set forth in this chapter and included in the farmers' market application.
General parking shall be restricted from the farmers' market area between 1:00 p.m. and at least 8:00 p.m.
[Amended 6-11-2012 by Ord. No. 2012-06; 5-13-2013 by Ord. No. 2013-08]
The farmers' market shall be under the supervision of the City of Bordentown and managed by a group of volunteers from Bordentown City. The City shall establish and enforce any rules and regulations relative to the farmers' market and shall promptly remove or cause to remove any person who is disorderly or who refuses to obey any rules and regulations made for the management or conduct of the farmers' market.
The City may, at its discretion, employ or contract with an individual(s) or firm to serve as a Market Manager and Assistant to the Market Manager whose duties and responsibilities shall include oversight operation of the farmers' market. The individual(s) shall be paid a one-time stipend each season for such efforts based on experience, dedication, coordination of the market's efforts and the successful management of the market.
The farmers' market shall be occupied and operated from June 1 to October 31 of each year, on Wednesdays of each week, at times to be determined by the City.
Vendors will be allotted an estimated twenty-foot-by-eight-foot vending area in the parking lot. Parking is prohibited to anyone other than the holder of the farmers' market space as assigned by the City on the days and times established by the City.
Removal of any unauthorized vehicle must be made upon a complaint to the City's Police Department and shall be enforceable beginning two hours prior to opening of the farmers' market.
Vendors 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.
Vendors selling prepared foods shall prepare and serve foods in accordance with all applicable federal, state and local health regulations. All foods and beverages sold or used in food preparation shall be first quality and conform in all respects to federal, state and local food and other laws, ordinances and regulations.
The City shall have the right and privilege of entering a vendor's assigned area for the purpose of making inspections. The Burlington County Health Department shall be contacted prior to operating for a preopening inspection/approval to determine compliance with all regulations. The City, its agents or employees shall have the right and privilege of inspecting the vendor's farming operation for the purpose of making inspections to ensure compliance with the producer requirements in the farmers' market rules. The City will provide at least 48 hours notice prior to an inspection. If the vendor is found to be noncompliant with the requirements set forth in the farmers' market rules, the City reserves the right to terminate the vendor from participating in the farmers' market.
Vendors shall indemnify and hold harmless the City of Bordentown, its officers, employees, agents and servants from and against any and all claims, demands, suits, actions, recoveries, judgments, costs and expenses, including attorneys' fees, incurred or suffered on account of property damage or loss and/or personal injury, including loss of life, of any person, agency, corporation or governmental entity which shall arise out of the course of or in consequence to any acts or omissions of the applicant, its employees, agents, servants or subcontractors in the performance of the work described in these specifications. The vendor further agrees that this indemnification by the applicant shall continue after completion of the market season for all claims, demands, suits, actions, recoveries, judgments, costs and expenses, including attorneys' fees, resulting from acts or omissions by the applicant, its employees, agents, servants or subcontractors, which occur prior to the completion of the season.
[Amended 6-13-2011 by Ord. No. 2011-06; 5-13-2013 by Ord. No. 2013-08]
Application submission. Any vendor interested in participating in the farmers' market shall submit an application on a form provided by the City of Bordentown. The application must contain all the requested information and documents to be deemed complete. Incomplete applications shall be rejected and the fee shall not be reimbursed. Every vendor is required to execute a defense and indemnification agreement for the City of Bordentown.
Deadline for submission of application. Vendors must file a complete application no later than May 1 of each year. Applications received after this deadline will be accepted, and if there are vacancies available at the market, vendors will be selected at the discretion of the City. If there are no vacancies at the time an application is received, the applicant will be placed on a waiting list for participation in the market.
Administrative fee. The application must be accompanied with a check made payable to the City of Bordentown in the amount of $25.
Other fees. If a vendor is selected to participate in the farmers' market, an additional fee must be paid to the City of Bordentown as follows:
If the vendor wishes to pay for the full farmers' market season at the time it is selected to participate in the farmers' market, then the cost shall be $20 per week multiplied by the total number of weeks for the season, or in the alternative, for the half season, consisting of the months of June, July and August.
If the vendor wishes to pay on a per-market-day basis, then the fee shall be $25 a week, to be paid on the date of the market, or in advance of the market day, during the months of June, July and August.
If a vendor wishes to participate in the market during the month of September, the fee shall be $10 per week and paid in full in advance.
If a vendor wishes to participate in the market during the month of September and pay on a per-market-day basis, then the fee shall be $15 a week, to be paid on the date of the market, or in advance of the market day.
Fees will be assessed rain or shine.
Fee exemptions. Members of the Downtown Bordentown Association are exempt from market-day vendor fees as long as they meet the application requirements. Members are not exempt from the application fee.
The City reserves the right to remove an approved vendor and substitute another vendor if the approved vendor fails to pay the required fee or fails to participate on two consecutive farmers' market days. If fees are paid in advance and a market day is subsequently cancelled by the City due to inclement weather, the fee will be refunded. If a vendor chooses not to appear due to inclement weather or any other reason, the fee will not be refunded. If a vendor is removed for failure to appear, and the vendor has prepaid, the removed vendor shall be reimbursed for the prepaid days only.
Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be fined not more than $1,000. A separate offense shall be deemed committed on each day that a violation occurs or continues.