City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2289-04 §1, adopted July 20, 2004, repealed chapter 655 "farmer's market" and enacted new provisions set out herein. Former chapter 655 derived from ord. no. 1690 §§1 — 6, 7-16-1996.
[Ord. No. 2289-04 §1, 7-20-2004]
Subject to approval of the Board of Aldermen and upon formal annual request of an organization or individual(s) accepting responsibility for organization and supervision of a Farmer's Market, said organization or individuals hereinafter referred to as the Farmer's Market Manager, and in order to create an organized method to allow farmers and gardeners to market their products to the public, thereby promoting the public good, the streets and parking lots of the City of Smithville are hereby authorized to be used as a Farmer's Market.
[Ord. No. 2289-04 §1, 7-20-2004]
A. 
No person, firm, corporation or other entity shall sell products or items at the Farmer's Market without having provided the Farmer's Market Manager background and contact information upon a form to be provided by the Farmer's Market Manager.
B. 
Said form shall contain, at a minimum:
1. 
The name, address and phone number of the proposed vendor,
2. 
The address of the farm or garden at which the farm products were produced,
3. 
A sworn statement that the applicant is knowledgeable of and possesses all necessary State and County permits applicable to the products being sold by them or their representatives.
[Ord. No. 2289-04 §1, 7-20-2004]
A. 
It shall be the responsibility of the Farmer's Market Manager to insure that each vendor at the Farmer's Market shall abide by the following rules:
1. 
The days of operation of the Farmer's Market shall be limited to Saturdays only.
2. 
The hours of operation of the Farmer's Market shall be limited to 8:00 A.M. to 1:00 P.M.
3. 
The permissible location(s) of the Farmer's Market and/or vendors shall be limited to the following locations:
a. 
The Smithville Community Courtyard,
b. 
Parking adjacent to the Smithville Community Courtyard Stage,
c. 
The east-west alleyway behind the Smithville Community Courtyard Stage beginning at Commercial Street and ending at the eastern edge of the north-south alleyway behind the stage,
d. 
Commercial Street between State Highway DD and Church Street.
4. 
The following locations are expressly prohibited as locations for the Farmer's Market:
a. 
The east-west alleyway behind the stage beginning at Bridge Street and ending at the eastern edge of the north-south alleyway behind the stage,
b. 
The north-south alleyway behind the stage beginning at Church Street and ending at the stage,
c. 
State Highway DD and adjacent parking,
d. 
Bridge Street and adjacent parking,
e. 
The Community Gazebo and adjacent parking,
f. 
Public and private parking lots in the downtown.
5. 
No vehicles may be driven or parked on any locations other than public roadways and parking lots. Parking on grass, curbs or the courtyard is expressly prohibited.
6. 
Each vendor shall set up and check-in with the Farmer's Market Manager by 8:00 A.M.
7. 
All products sold at the Farmer's Market must be home grown and in fresh and healthy condition. "Home grown" products are defined as those items grown or produced locally by the licensee including, but not limited to, the following: fruits, vegetables, nuts, plants, cut flowers, baked goods, honey, cider and eggs. Vendors selling honey, cider, eggs, baked goods and like products or any products subject to additional licensing and inspection by the State of Missouri or County Health Department must obtain appropriate State and County health permits.
8. 
All items sold must be brought with and displayed for sale at the designated vendor location by the vendor at the beginning of each day.
9. 
The Farmer's Market Manager and/or his/her designee(s) shall have final right of refusal concerning any product or vendor.
10. 
Each licensee shall be responsible for setting up, displaying and bagging his/her produce or product in a sellable quantity and in a manner which is sanitary and attractive.
11. 
Produce will not be permitted to be sold from the ground.
12. 
Vehicles must be smaller in dimension than ten (10) feet in width and twenty-five (25) feet in length.
13. 
Specific space at the Farmers Market will not be reserved but will be assigned systematically by the Farmer's Market Manager on the morning of each event.
14. 
The licensee's space must be cleaned by broom within one-half (½) hour after the end of each selling period.
15. 
No licensee shall leave trash generated by his/her site on location or in or around any trash receptacle located in the downtown area.
[Ord. No. 2289-04 §1, 7-20-2004]
The Farmer's Market Manager or his/her designee shall make a yearly report to the Board of Aldermen. This report shall include participation statistics, the current operating status of the market, as well as any information concerning complaints or problems resulting from the operation of the Farmer's Market. The Board of Aldermen shall use this opportunity to review the performance of the market and determine whether its operation continues to be in the best interests of the City of Smithville and whether a Farmer's Market shall be permitted the following year.
[Ord. No. 2289-04 §1, 7-20-2004]
The enforcement and administration of this Chapter shall be the responsibility of the City Administrator or his/her designee.
[Ord. No. 2289-04 §1, 7-20-2004]
It is unlawful for any person, firm or corporation to violate, disobey, omit, neglect or refuse to comply with, or resist enforcement of, any of the provisions of this Code or Chapter and any such person, firm or corporation shall, upon conviction, be punished as provided by the Smithville Code of Ordinances. Failure to conform to any of the provisions stated herein, or elsewhere in the Code of Ordinances, will result in the denial of a vendor's permission to participate in the Farmer's Market.
[Ord. No. 2289-04 §1, 7-20-2004]
This Chapter is not intended to restrict the right or ability of the Smithville Police Department or any governmental agency from enforcing any City, County, State or other law within the Farmer's Market area during the operation of the market. This Chapter is not intended to repeal or conflict with any established law or ordinance.