Ord 3501 6/12/1979 a d a.
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ORDINANCE NO. as o
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ORDINANCE GOVERNING MUNICIPAL PRODUCE MARKET.
BE IT ORDAINED BY THE. BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
. SEC. I DEFINITIONS
In this article:
' (1) ARTISAN DEALER means a person who offers for-sale produces which he makes.
(2) DEALER means an artisan, floral, merchandise or wholesale produce dealer, whichever is
applicable.
(3) ESTABLISLIMENT means a building, freight car, vacant lot, stand,vehicle, or other place
where produce is offered for sale at wholesale.
(4) FLORAL DEALER means a person who offers for sale plants.
(5) LOAD means that amount of products which is contained in a vehicle at time of entry
into the Municipal Produce Market
(6) MERCHANDISE DEALER means a person who offers for sale any product for which a
special license is not required under this article.
(7) MUNICIPAL PRODUCE MARKET means that area which is described in Section 3 of this
article and designated by the Market Manager as a public market place.
(8) PERSON means an individual,cRrporation, association, or other legal entity.
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(9) PLANT means a flower or potted plant or bedding plant.
(10) PRODUCE means a fruit or vegetable.
(11) 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.
(12) SALE AT WHOLESALE means a transaction in which produce is sold to a retailer for
resale or to someone other than the ultimate consumer.
(13) 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.
(14) 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.
(15) STREET means a public street, alley, sidewalk, parkway or other public property.
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(16) VEIIICI,IV, means'every devi(e° in. upon; or by a (person or property is or may be
transported or drawn upon a highway,,including devices moved by human power.
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(17) WHOLESALE PRODUCE 1)LALEIt means a person who:
(A) offers for sale in the municipal market produce: \vhicl, is raised, grown, or produced
by another, or on and outside the North '1 c:xa ..;;o„tliern Oklahoma atc a; or
(B) operates an establishment for the sale at wholesale of produce in the city.
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SEC.-2 USE OF STREETS FOR SALES OF PRODUCE GENERALLY.
It shall be unlaWfu1 for any person -enure d iii the saiIC ('f vegetables, produce, or other
perishable commodities to use any portion ui ans cuter, save and except the Municipal Produce
Market, for selling, vending or exchanging of vegetables, produce or other perishable commodities.
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SEC. 3 ESTAB LI SIIM ENT
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There is hereby established a Municipal Prc (incc Mai _i on I,ots 8, 9, and the south half of
Lot 10 of Block 162 of the Original "Jownsite. The strcct address for the Municipal Produce Market
is 713 Ohio Street.
A temporary site will be establish..:-.:A. at .910-918 Ohio Street
• until construction of the permanent facility at 713 Ohio Street
is completed.
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SEC. 4. ., APPOINTMENT OF MARKET MANAGER
• The Municipal Produce Market hall be tinder the dileetimi of a Market Manager who shall he
appointed by the City Manager and subject to his supervision. Duties of the Market Manager shall be
• those prescribed by Sec. 7 of this ordinance,
SEC. 5 . ASSISTANTS
The Markct Manager shall appoint "Assistant Market Managers" with the approval of the City
Manager, as he/she deems necessary, and where any duty is placed upon the Market Manager under
this article relating to the Municipal Produce Market, the same may be performed-by his/her
designated assistants.
SEC. 6 VIOLATION OF LAWFUL ORDERS
Any person violating any lawful order of the Market Manager or Assistant Market Managers
shall be deemed guilty of a misdemeanor.
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SEC. 7 DUTIES GENERALLY
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It shall be the duty of the Market Manager:
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(a) To exercise general supervision and control over the Municipal Produce Market and the
conduct of business therein, and to enforce all of the terms and provisions of this article, and the
rules and regulations promulgated hereunder.
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• (b) To assign stalls to the producers and dealers attending the Municipal Produce Market and •
• collect the rental fees for the use thereof, and hay the same to the City Finance Officer, and to
• assign parking spaces to other persons using the Municipal Produce Market.
(c) To reguiatc traffic and enforce order in and about the Municipal Produce Market.
(d) To order or to remove from the market any perso n who is violent or disorderly or who in
• any way interferes with him in the per1ormaricc of his duties, or who disturbs the producers,
dealers, buyers, or any other person lawfully using the Municipal Produce Market.
(e)' To prescribe rules and regulations governing the conduct of business in the Municipal
Produce Market not inconsistent with the provisions of this article.
(f) To establish the opening and closing hours of the Municipal Produce Market, and to
control the use of such market during the hours that the .market is closed for produce, floral, or
other sales.
(g) To designate market stalls which producers and dealers shall use, and areas and parking
spaces which customers and buyers shall use.
(h) To schedule, control and collect fees, if appropriate, for other public uses within the
Municipal Produce Market.
SEC. 8 FEES FOR RENTAL OF STALLS
(a) 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. The daily rentAl fee for a producer is $3.50 from
September 1 through May 31 and $7.00 from June 1 through August 31.
(b) 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 $7.50 from
September tember 1 through May 31 and $15.00 from June 1 through
August 31.
(c) Payment of a rental fee entitles a producer or dealer to use of a stall for one day or until
the load has been sold, whichever occurs first. No person shall add produce or merchandise to a load
in a stall without payment of an additional fee.
(d) The term "day", as used in this section, shall mean that period of time from the opening
hour 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.
(c) A producer may request a "seasonal" permit from the market Manager. The fee for a
seasonal permit shall be $10.00 per day. The number of seasonal permits issued will be limited and
will be issued at the discretion of the Market Manager. A seasonal permit shall be in effect for thirty
(30) days with a renewal option at the end of said thirty days. A seasonal permit holder must
• obligate himself/herself in writing that he/she will sell fresh produce from the designated stall every
day in which the Market is open during the term of the seasonal permit. A seasonal permit holder
may be allowed to replenish his/her supply of produce during any given day. Should the seasonal
permit holder determine that he/she will not be able to sell produce on a particular day, he/she
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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. Should a
seasonal permit holder fail to notify the Market Manager within the alloted time, he/she, upon
review of the Market Manager, will forfeit his/lier seasonal permit. The seasonal permit holder is
guaranteed only that a stall will be available For his/her use each_day during the term.of said permit.
A.seasonal permit in no way guarantees the permit holder rights'to any particular stall.
SEC. 9 PRODUCER CERTIFICATION/EMPLOYEE
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• (a) Each producer shall provide to the Market Manager a certificate from the producer's
County Agent certifying-that said producer resides within the Agent's county.
• (b) A producer may send an employee in his/her stead to sell his/her produce, provided that
the producer provides verification that he/she (the_.producer) meets the requirement of a producer
as stated in SEC. 1 (11). The producer must provide his/her employee(s) with a signed "Statement
of Authorization_. Statements of Authorization shall indicate that said employee is authorized by
the producer to be his/her 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.
SEC. 10 RIGHT TO REFUSE STALL RENTAL; IJECTION 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 the provisions of this article, or of any of the rules or .
regulations promulgated thereunder. The Market Manager shall have the authority to eject any
producer or dealer or any other person who tvillfully refuses to conform to the provisions of this
article, or the rules and regulations promulgated hereunder, without refunding to such producer or
dealer the rental fee paid for stalls. 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.
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SEC. 11 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 or Assistant Market 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 or Assistant Market Managers.
• (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 products to be sold
by him in the area designated for producers have 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 the above 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.
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SEC. 12 DISORDERLY CONI)UCT
A person commits an offense if he makes unreasonable noise to attract a customer to a stall.
• SEC. 13 DEPOSITING RUBBISH, ETC.
No person shall throw, place or permit to be thrown or placed the Municipal Produce
• Market, or any part thereof, or the public streets adjacent thereto, any rubbish, refuse or litter of
any kind, or any vegetables or produce which are likely to becoine dangerous or offensive to the
public.
SEC 14 USE OF MARKET 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.
SEC. 15 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, or to ask prices which arc 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.
SEC. 16 REMOVAL OF UNATTENDED PRODUCTS
• If products are left unattended in a stall for two hours, the Market Manager may forfeit the
renter's right to the stall and dispose of the products.
SEC. 17 MINIMUM QUANTITIES
• (a) No dealer 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.
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SEC. 18 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.
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SEC. 19 LOITERING
It shall be unlawful for any person to loiter, linger or loaf on or about the Municipal Produce
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Market.
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SEC. 20 • POSSESSION OF ALCOHOL •
(a) A person commits an offense if he possesses beer or other alcoholic beverage in the
Municipal Produce Market and he received notice that the possession was unlawful but failed to part
the Market or relinquish.possession of the alcohol.
(b) It is a defense to prosecution under this section that the possession was during a special
event and in a special event area.
SEC. 21 PRICE FIXING •
A person, as a producer or dealer, commits an offense if he agrees to fix or raise prices of
products with another producer or dealer.
• SEC. 22 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.
SEC. 23 DISPLAY OF PRODUCE / SALE, ETC., OF PRODUCE NOT FIT FOR HUMAN
CONSUMPTION
(a) All products shall be displayed in a sanitary and attractive manner. Produce displayed and
the containers said 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 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 diseases, or 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 same.•
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SEC. 24 SIGNS
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Prior to conducting business in the Municipal Produce Market a producer or dealer shall
display appropriate signs which conform to size, color, letter, material. and location .requirements
specified by the Market. Manager. A dealer sign will contain the namc and address of the dealer and
the word "dealer." If a dealer or producer offers for sale produce which has been artificially ripened
or in cold storage, he shall display a warning sign which indicates that fact. Producer, dealer and
warning signs must be displayed conspicuously in the a.ssiZ;nerl stall. Private signs may only be
displayed on vehicles. No private signs or banners shall be permitted to be displayed from any '
portion of the stall occupied by said producer or dealer.
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SEC. 25 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.
SEC. 26 SAME— SPEED LIMIT
It shall be unlawful for any person to drive a motor vehicle in the Municipal Produce Market at
a speed of more than five miles per hour.
SEC.27 ILLEGAL PARKING
(a) It shall be unlawful for any person to park loaded produce trucks 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 vehicles upon the Municipal Produce
Market.
SEC. 28 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.
SEC. 29 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.
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SEC. 30 FRAUDULENT SALE, L'TC, OF INFERIOR PRODUCE
It shall be unlawful for any person ■"itIi intent to deceive or to defraud, to sell, offer for sale,.
expose for sale or to possess for sale :nw box, basket, e-atc, Ire;,, or other container corll:alning
• produce, merchandise or other commodity of a quality inferior to that with which such container is
apparently filled.
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' - SEC. 31 CLEANLINESS OF WET FABRIC USED TO COVER PRODUCE
All burlap bags, sacks, cloth or any other fabric, when used while wet to protect produce, by
persons utilizing the Municipal Prc,ducc Marhet, must he thoroughly
laundered and cleaned before
being used for such purpose. The dccisidn of the Market n'i;unagcr as to the cleanliness of such fabric.'
shall be final, and when he has determined that: a. fabric is too (Iii cy for use on produce, the owner
t thereof must have such fabric laundered and cleaned before he shall be authorized to use: the fabric.
SEC. 32 VIOLATIONS
Any person who violates Section 6 of this Ordinance shall be subject
to a fine not exceeding $200. Any person violating any of the other pro-
visions of this ordinance shall be su.bjcc.t to suspension or loss of stall tenure
in accordance with the rules and regulations promulgated hereunder.
PASSED AND APPROVED this the fo? rti Clay o f — - c
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MAYOR
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ATTEST:
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City Clerk
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Affidavit of Publication
THE STATE OF T EXAS
IORDINANCE NO. 3454
ORDINANCE AMENDING COUNTY OF WICHITA
ARTI:LE II OF CHAPTER 7
1p 4:: O F THE CODE OF
ORDINANCES TO PROVIDE y
FOR CONTRACTORS On this 9th day of October LICENSE AND BOND.
Anyone violating this ordinance
will be subject to a fine not to �r
exceed$200.00. A.D. ...497 9 personally appeared before me, the undersigned authority
ORDINANCE NO. 3489 --
AN ORDINANCE AMENDING g C� lal1A (sdn , bookkeeper
SECTION 30-2 OF THE CODE
OF ORDINANCES ON THE
LOCATION OF MOBILE
HOMES OUTSIDE OF MOBILE for the Times Publishing Company of Wichita Falls, publishers of the
H O M E P A R K S A N D
SUBDIVISIONS.
Anyone violating this ordinance Wichita Falls Record News, a newspaper published at Wichita Falls in
will be subiect to a fine not to
exceed 5200.00. Wichita County. Texas, and upon being duly sworn by me, on oath states
ORDINANCE NO 3492 AMENDING
SECTION 22-1E OF THE CODE that the attached,advertisement is a true and correct copy of advertising
OF ORDINANCES. TO PRO
IT DRIVING VEHICLES BOR HORSES OR published in One {I.) issues thereof on the following
OTHER ANIMALS IN OR
OVER ANY PUBLIC SCHOOL date:
GROUNDS. October 60 1979
Anyone violating this ordinance
will be subiect to a fine not to
exceed$200.00.
ORDINANCE 51 �,.,,.. ----
ORDINANCE GOVERNING
MUNICIPAL PRODUCE Bookkeeper '
MARKET. .r 4Times Publishing Company
Anyone violating this ordinance of Wichita Falls
will be subiect to a fine not to
exceed$200.00.
ORDINANCE NO.3504
AN ORDINANCE AMENDING Subscribed and sworn to before me this the day and year first above
SECTION 30-2, SUBSECTION
(a) 'O=F THE CODE cO-F .) written.
TODINANC T TO RESTRICT.
T
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O THE CITY LIMITS ITS THE L
PROHIBITION AGAINST Zeg-� 6—e`----4Gs,�i:::j I LOCATION, OF MOBILE
HOMES OUTSIDE OF MOBILE PAT CHAMBERL.` `, Notary Public
HOME PARKS AND
SUBDIVISIONS. in and for Wichita County, Texas
Anyone violating this ordinance
will be subiect to a fine not to
exceed$200.00.
ORDINANCE NO.3521
ORDINANCE REGULATING
T H E S H O O T I N G O R
DISCHARGING OF ANY AIR
RIFLE OR AIR PISTOL i
WITHIN THE CITY LIMITS.
Anyone violating this ordinance
Will be subiect to a fine not to
exceed$200.00.
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