[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:
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.
Vendors that take an active part in the making of the items
they sell.
The area set aside for the use of selling agricultural products,
food products and crafts.
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; 4-10-2023 by Ord. No. 2023-05]
A.
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.
B.
General parking shall be restricted from the farmers' market area
between 8:00 a.m. and at least 2:00 p.m.
[Amended 6-11-2012 by Ord. No. 2012-06; 5-13-2013 by Ord. No.
2013-08]
A.
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.
B.
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.
A.
The farmers' market shall be occupied and operated from June 1 to
October 31 of each year, on Sundays of each week, at times to be determined
by the City.
[Amended 4-10-2023 by Ord. No. 2023-05]
B.
Vendors will be allotted an estimated twenty-foot-by-eight-foot vending
area in the parking lot and adjacent area(s). 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.
[Amended 4-10-2023 by Ord. No. 2023-05]
C.
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]
A.
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.
B.
Deadline for submission of application. Vendors must file a complete
application no later than the deadline for submission date as stated
on the annual farmers' market application provided by the City. 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.
[Amended 4-10-2023 by Ord. No. 2023-05]
C.
Application fee. The application must be accompanied with a check
made payable to the City of Bordentown in the amount of $25.
[Amended 4-10-2023 by Ord. No. 2023-05]
D.
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:
[Amended 4-10-2023 by Ord. No. 2023-05]
(1)
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 $225, inclusive of the $25 application fee.
(2)
If the vendor wishes to pay on a per-market-day basis, then the fee
shall be a one season application fee of $25 and a weekly market fee
of $10, payable in advance of the selected market week(s) per the
vendor application during the farmers' market season.
(3)
Fees will be assessed rain or shine.
E.
Fee exemptions.
[Amended 4-10-2023 by Ord. No. 2023-05]
(1)
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 of $25.
F.
The City
reserves the right to approve or deny an applicant’s vendor
application for participation in the weekly farmers’ market
at its discretion.
[Added 4-10-2023 by Ord. No. 2023-05]
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.
