Ord 28-2012 5/1/2012 ORDINANCE NO. 28-2012
Ordinance Amending Article V — Municipal Produce Market, Sections
94-356 through 94-387 Of The Code Of Ordinances Of The City Of
Wichita Falls, Providing A Penalty Not To Exceed $2,000 Per
Violation, And Providing For Codification
WHEREAS, the City owns and operates a Municipal Produce Market located at
713 Ohio Avenue, commonly referred to as the Farmers Market; and
WHEREAS, the City and North Texas Vision of Wichita Falls, Inc. agree that
management and operation of the Farmers Market by Downtown Wichita Falls
Development (DWFD) will serve to better market, promote and enhance the operation
of the Farmers Market; and
WHEREAS, the City and North Texas Vision of Wichita Falls also believe that a
vibrant Farmers Market will also serve to bring more visitors to downtown and thereby
help to reinvigorate the downtown Wichita Falls area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Sections 94-356 through 94-387
Sections 94-356 through 94-387 are amended to read as follows:
Sec. 94-356. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Artisan dealer means a person who offers for sale products which he makes.
Dealer means an artisan, floral, merchandise or wholesale produce dealer, whichever is
applicable.
Establishment means a building, freight car, vacant lot, stand, vehicle, or other place where
produce is offered for sale at wholesale.
Floral dealer means a person who offers for sale plants.
Load means that amount of products which is contained in a vehicle at time of entry into the
municipal produce market.
Merchandise dealer means a person who offers for sale any product for which a special
license is not required under this article.
Municipal produce market means that area which is described in section 94-359 and
designated by the market manager as a public market place.
Plant means a flower or potted plant or bedding plant.
Produce means a fruit or vegetable.
Producer means a person who offers for sale produce which he has raised, grown, or
produced on land which he or a member of his immediate family owns or leases.
Sale at wholesale means a transaction in which produce is sold to a retailer for resale or to
someone other than the ultimate consumer.
Special event means a market activity which is at a time and place designated by the market
manager to promote public awareness of the municipal produce market and which is not an
ordinary market activity.
Stall means a marked or unmarked area which is designated by the market manager as a
place for parking a vehicle for the purpose of offering for sale produce or other products.
Street means a public street, alley, sidewalk, parkway or other public property.
Vehicle means every device in, upon, or by which a person or property is or may be
transported or drawn upon a highway, including devices moved by human power.
Wholesale produce dealer means a person who:
(1) Offers for sale in the municipal market produce which is raised, grown, or produced
by another, or on land outside the North Texas, Southern Oklahoma area; or
(2) Operates an establishment for the sale at wholesale of produce in the city.
(Code 1966, § 19%2-1)
Cross reference— Definitions generally, § 1-2.
Sec. 94-357. - Penalty for violation.
Any person who violates section 94-363 shall be subject to a fine as provided in section 1-14.
Any person violating any of the other sections of this article shall be subject to suspension or
loss of stall tenure in accordance with the rules and regulations promulgated under this article.
(Code 1966, § 19%2-32)
Sec. 94-358. - Use of streets for sales of produce generally.
It shall be unlawful for any person engaged in the sale of vegetables, produce, or other
perishable commodities to use any portion of any street, save and except the municipal
produce market, for selling, vending or exchanging of vegetables, produce or other perishable
commodities.
(Code 1966, § 19%2-2)
Sec. 94-359. - Established; location.
There is established a municipal produce market on lots 8, 9 and the south half of lot 10 of
block 162 of the original townsite. The street address for the municipal produce market is 713
Ohio Street.
(Code 1966, § 19%2-3)
Sec. 94-360. -Appointment of market manager.
The municipal produce market shall be under the direction of a market manager who shall-may
be appointed by the city manager or b approved lease agreement �nrt �,,hio,.+ +n hic
Duties of the market manager shall be those prescribed by section 94-3621.
(Code 1966, § 19%2-4)
Sec.94-361. -Assistant market errs.
The market manager shall appoint assistant market managers with the approval of the city
this article relating to the municipal produce market, the duty may be performed by the market
manager' rJocin��ten+e
(Cod-e 1-966,s I'�
Sec. 94-3621. - Duties of market manager generally.
It shall be the duty of the market manager to:
(1) Exercise general supervision and control over the municipal produce market and the
conduct of business therein, and enforce all of the terms of this article and the rules and
regulations promulgated under this article.
(2) Assign stalls to the producers and dealers attending the municipal produce market
and collect the rental fees for the use thereof-and-payy the yes-tGAhe—oty frn„unce off�
and assign parking spaces to other . . ig the municipal produce market.
(3) Regulate traffic and °Enforce order in and about the municipal produce market.
(4) Order or to rRemove from the market any person who is violent or disorderly or who
in any way interferes with him in the performance of his duties or who disturbs the
producers, dealers, buyers or any other person lawfully using the municipal produce
market.
(5) Prescribe rules and regulations governing the conduct of business in the municipal
produce market not inconsistent with this article.
(6) Establish the opening and closing hours of the municipal produce market and
schedule and control the use of such-the market during-he hhu;s what the ni rke"
closed for produce, floral, or other s for special events.
(7) Designate Allocate market stalls which for producers and dealers shall use �n�'
�re�e �nr! r»rleinn en�nee nihirh ri ie+nmere �nrJ hi more chill ,,ee
�f ra..'UJ{..IT"1'Ci—'ptAl-In y aYrlLl�ia..as vv ITVT-1—VLTJCVT I IIiT J—tAT crvcry�r..a J• Icrr--a.,J....
(8) Schedule, control and collect fees, if appropriate, for other public uses within the
municipal produce market.
(Code 1966, § 19%2-7)
shall he deemed guilty of a misdemeanor.
1
0
Sec. 94-3642. - Fees for rental of stalls.
(a) The term "day," as used in this section, shall mean that period of time from the opening
hour of the municipal produce market in the morning to the closing hour in the evening of any
calendar day, such opening and closing hours to be established from time to time by the
market manager with the approval of the office of the city manager.
(b) A producer who desires to use a stall in the municipal produce market shall apply to the
market manager and pay a daily rental fee.�he dr!y recta fee f��a pro. u��r is �4�9 f.�m
November 1 through April 30 and $8.00 from May 1 through October 34 Rental fees shall be
established annually by the market manager with the approval of the City Manager.
(c) A dealer who desires to use a stall in the municipal produce market shall apply to the
market manager and pay a daily rental fee. The daily rental fee for a dealer is $8 nn from
Rental fees shall be
established annuallyby the market manager with the approval of the City Manager.
(d) Payment of a rental fee entitles a producer or dealer to the use of a stall for one day. The
use of a stall is forfeited if a producer or dealer leaves the market and fails to notify the market
manager of his intent to return.
(e) A producer or a dealer may request a monthly or weekly permit from the market manager.
dealer Rental fees shall be established annuallyby the market manager with the approval of
the City Manager. A monthly permit shall be in effect for one month with a renewal option at
the end of the month. The fee for a weekly permit shall be $7 nn per day for a producer and
. A weekly permit shall be in effect for seven days commencing with
the first day of the business week. The number of permits issued will be limited and will be
issued at the discretion of the market manager. A permit holder must obligate himself that he
will sell fresh produce from the designated stall every day in which the market is open during
the term of the permit. If the permit holder determines that he will not be able to sell produce
on a particular day, he must notify the market manager at least 24 hours before the market is
to open on that day. The market manager will then place that stall on the list available for
rental on that day. If a permit holder fails to notify the market manager within the allotted time,
he, upon review of the market manager, will forfeit his permit. The permit holder is guaranteed
only that a stall will be available for his use each day during the term of the permit. A permit in
no way guarantees the permit holder rights to any particular stall. Any days not used by the
permit holder will be forfeited and will not be applied to any future permit period.
(f) Stall fees may be adjusted at the discretion of the market manager and with the
�gnCurren�e o7f thrc mu7 k er'cy o; when unique situations, such as market
cancellation due to climatic conditions, arise.
_(g) No organization or group wil! be granted a free stall without the of the city
(hg) Dealers or producers may be allowed to rent a maximum of two stalls. Agreement to rent
a second stall shall be at the sole discretion of the market manager.
(+h) Rental fees for the use of the market for purposes other than the selling of produce shall
be set by the market manager or+ho m�n��ger�c ci i�cr or
v� zrra. ��ru� rJ—..ra.� ...7 Vl J V 1.
(Code 1966, § 19%2-8)
Sec. 94-3653. - Producer certification; producer's employee.
(a) Each producer shall provide to the market manager a certificate from the producer's
county agent certifying that the producer resides within the agent's county.
(b) A producer may send an employee in his stead to sell his produce, provided that the
producer provides verification that the producer meets the requirement of a producer as stated
in section 94-356. The producer must provide his employee with a signed statement of
authorization. The statement of authorization shall indicate that the employee is authorized by
the producer to be his representative at the municipal produce market. Employees of a
producer must also meet and abide by all rules and regulations of the market. Any violation by
an employee of a producer shall subject both the employee and the producer to suspension or
banishment as determined by the market manager.
(Code 1966, § 19%2-9)
Sec. 94-3664. - Right to refuse stall rental; ejection of persons renting stalls; operation
through agent after rejection.
(a) The market manager shall have the right to refuse to rent a stall to any producer or dealer
who has been guilty of willful violations of this article or of any of the rules or regulations
promulgated under this article.
(b) The market manager shall have the authority to eject any producer or dealer or any other
person who willfully refuses to conform to this article or the rules and regulations promulgated
under this article, without refunding to such producer or dealer the rental fee paid for a stall.
(c) No person shall sell on the municipal produce market any of the produce of a producer or
dealer or act as the agent or employee of a dealer who has been barred from the municipal
produce market by the market manager.
(Code 1966, § 19%2-10)
Sec. 94-3675. - Use of designated areas generally.
(a) No person shall use or occupy any areas of the municipal produce market not designated
for his use by the market manager G usJis�a;ket ,manager, and no person shall use or
occupy any stall in the municipal produce market, other than the stall assigned to such person
by the market manager-o;as: tan: �m ,g�.
(b) A person who uses or occupies a stall in the municipal produce market shall pay a rental
fee prior to occupying the stall. Producers, dealers and market customers may use the
driveways and parking areas of the market, but no person may use a driveway as a through
street.
(c) It shall be the duty of every person desiring to use the area designated for producers to
first furnish the market manager with satisfactory evidence that the produce or product to be
sold by him in the area designated for producers has been raised or grown or produced by him
upon land or premises owned or leased by him or some member of his immediate family. The
market manager may require a statement in writing signed by such person evidencing such
facts, and any false statement made therein shall be deemed a violation of this article and the
person making such false statement shall be guilty of a misdemeanor.
(Code 1966, § 19%2-11)
Sec. 94-36 8. - Making noise to attract customers.
A person commits an offense if he makes unreasonable no.se to attract a customer to a stall.
Sec. 94-3696. - Rubbish, refuse and litter disposal.
No person shall throw, place or permit to be thrown or placed on the municipal produce market
or any part thereof or the public streets adjacent thereto any rubbish, refuse or litter of any kind
or any vegetable or produce which is likely to become dangerous or offensive to the public. All
spoiled produce must be placed in plastic bags prior to being placed in designated disposal
bins on the market premises.
(Code 1966, § 19%2-13)
Sec. 94-37-A67. - Use during closed hours.
No person shall enter, occupy, use or leave any produce, commodity, container, box, crate,
basket, motor vehicle or other type of personal property of any description within the limits of
the municipal produce market during such time as the market is closed, without the permission
of the market manager.
(Code 1966, § 19%2-14)
Sec. 94-371-68. - Holding stalls by trick, scheme or artifice.
It shall be unlawful for any person occupying a stall in the municipal produce market to resort
to any trick or scheme or artifice, to ask prices which are unreasonable when compared to
prices asked for similar products at that time, or to refuse to sell his merchandise for the
purpose of holding a stall. Such action on the part of a person in holding a stall shall be
sufficient cause for the market manager to forfeit all rights, including fees paid, to such stall by
such person.
(Code 1966, § 19%2-15)
Sec. 94-37-269. - Removal of unattended products.
If products are left unattended in a stall for two hours at the municipal produce market, the
market manager may forfeit the renter's right to the stall and dispose of the products.
(Code 1966, § 19%2-16)
Sec. 94-3730. - Minimum quantities.
(a) No dealer at the municipal produce market may sell in a quantity less than the minimum
quantity which is established from time to time by the market manager.
(b) No producer, when assigned to the area designated for wholesale sales, shall sell in any
quantity less than the minimum, which shall be established from time to time by the market
manager.
(Code 1966, § 19%2-17)
Sec. 94-3741. - Restrictions on types of products.
No person may offer for sale any product prohibited by the market manager. The market
manager is authorized to determine the types of products which may not be sold in the
municipal produce market.
(Code 1966, § 19%2-18)
Sec.9-375. —L-oit
it shall be unlawful for any person to loiter, linger or loaf on or about the municipal produce
market-.
vuc.. ry vv�� vac yr
Sec. 94-3762. - Possession-Cons n of alcohol.
(a) A person commits an offense if he possesses consumes beer or other alcoholic beverage
in the municipal produce market and he received notice that the consum tp ion was
unlawful but failed to part-Leave the market or relinquish possession of the alcohol.
(b) It is a defense to prosecution under this section that the possession consum tp ion was
during a special event and in a special event area in which the market manager approved
alcohol consumption.
(Code 1966, § 19%2-20)
Sec. 94-3773. - Price fixing.
A person, as a producer or dealer at the municipal produce market, commits an offense if he
agrees to fix or raise prices of products with another producer or dealer.
(Code 1966, § 19%2-21)
Sec. 94-3784. -Animals prohibited.
It shall be unlawful for any owner, keeper, or person having the custody or control of any dog,
cat, or other animal to cause or permit such animal to go into or upon the municipal produce
market.
(Code 1966, § 19%2-22)
Sec. 94-3795. - Display of produce; sale of produce not fit for human consumption.
(a) All products shall be displayed in a sanitary and attractive manner at the municipal
produce market. Produce displayed and the containers the produce is packaged in should
meet the highest degree of cleanliness. The market manager is empowered to require
producers to use sanitary containers for produce on display.
(b) It shall be unlawful for any person to bring, cause to be brought, sell, offer for sale, or
expose for sale in the municipal produce market any produce unfit for human consumption or
otherwise not suitable for sale on the municipal produce market because of age, disease,
damage or other conditions affecting the wholesomeness of the produce. It shall be unlawful
for any person to bring into the producers' section of the municipal produce market or to sell,
offer for sale, or expose for sale in the producers' section any produce which has been in cold
storage or which has been artificially ripened, which is overripe or immature, which is damaged
or diseased, or which is affected by any condition that would render the produce unsuitable for
sale in the producers' section. The decision of the market manager shall be final in determining
the quality, condition and wholesomeness of all produce of the municipal produce market. All
produce shall be subject to inspection by the market manager at all times, and any person who
fails or refuses to permit such inspection shall forfeit all rights to his stall and shall, upon
instruction of the market manager, immediately vacate the stall.
(Code 1966, § 19%2-23)
display
Jp,lay i appropriate signs which con'fol'"ITI- to size,color, —O'�erl,material location^r "dealer."
address of the dealer and the word
if a dealer or producer offers for sale produce
indicates that fact. Producer, dealer and warning signs must be displayed conspicuously in the
shall be permitted to be displayed from any portion of the stall occupied by the producer or
(`'vuc.. rvvv��,vac zYr
Sec. 94-38-176. -Vehicles blocking driveways.
It shall be unlawful for any person to park, stop or stand a motor vehicle on any of the
driveways in the municipal produce market in such a manner as to block or prevent the
passing of other vehicles.
(Code 1966, § 19%2-25)
spood of more than five miles per hour.
(Code 1966, § 191,4226)
Sec. 94-38377. - Illegal parking.
(a) It shall be unlawful for any person to park a loaded produce truck on any portion of the
municipal produce market without payment of required applicable fees.
(b) It shall be unlawful to park vehicles for loading purposes under sheds in any manner that
will block driveways or cause congestion of traffic flow under sheds.
(c) It shall be unlawful to park any unauthorized vehicle upon the municipal produce market.
(Code 1966, § 19%2-27)
Sec. 94-38478. - Display of broken or sliced melons or fruit.
It shall be unlawful to display sliced, cut or broken melons or fruits within the municipal produce
market.
(Code 1966, § 19%2-28)
Sec. 94-38579. - Obstructing sidewalks.
It shall be unlawful for anyone to place any barrel, box, crate, wood, vehicle, merchandise, or
other substances on any sidewalk in the municipal produce market so as to obstruct, entirely or
in part, passage along such sidewalk or any part thereof.
(Code 1966, § 19%2-29)
Sec. 94-3860. - Fraudulent sale or possession of inferior produce.
It shall be unlawful for any person at the municipal produce market, with intent to deceive or to
defraud, to sell, offer for sale, expose for sale or to possess for sale any box, basket, crate,
bag, or other container containing produce, merchandise or other commodity of a quality
inferior to that with which such container is apparently filled.
(Code 1966, § 19%2-30)
Sec. 94-3871. - Cleanliness of wet fabric to cover produce.
All burlap bags, sacks, cloth or other fabric, when used while wet to protect produce, by
persons utilizing the municipal produce market, must be thoroughly laundered and cleaned
before being used for such purpose. The decision of the market manager as to the cleanliness
of such fabric shall be final. When the market manager has determined that a fabric is too dirty
for use on produce, the owner thereof must have such fabric laundered and cleaned before he
shall be authorized to use the fabric.
(Code 1966, § 19%2-31)
2. Penalty
This ordinance regulates fire safety and public health and sanitation, and shall
be punishable by a penalty of up to $2,000 per violation and as provided by Section 1-
14 of the Wichita Falls Code of Ordinances.
3. Codification
The sections of this ordinance that specify they amend or add to the Code of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered to accomplish such
intention.
PASSED AND APPROVED this the 1st day of May, 2012.
MAYOR
ATTEST:
City Clerk
Affidavit of Publication
THE STATE OF TEXAS #280041
COUNTY OF WICHITA
ORDINANCE
NO.28-2012
Ordinance Amending
Article V - Municipal
Produce
Market
through On this 22"d
ions 94-356 day of May 2012 A D...
94-387 Of Of
Ordinanc sheOf Code Ofpersonally appeared before me, the undersigned authority
City Of Wichita Falls,
Providing A Penalty Kathy Salan, Sales Assistant for the Times Publishing
Not To Exceed $2,000
Per Violation, And Company of Wichita Falls, publishers of the Wichita Falls
Providing For Codifi-
cation Times/Record News, a newspaper published at Wichita Falls in
Wichita County, Texas, and upon being duly sworn by me, on
oath states that the attached advertisement is a true and
correct copy of advertising published in One (1) issues hereof
on the following date:
May 20, 2012
Sales Assistant for Times'Publishing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
r°•'�rr� wRANCES TATE
NOTARY PUBLIC
Nr P STATE OF TEXAS
+o.11-12-2012