A. To operate
a farmers’ market within the town and receive exemptions from
the requirements of this title that otherwise would apply to it, an
organization must be a member in good standing of the nonprofit New
Mexico Farmers’ Marketing Association or some equivalent or
replacement organization whose membership consists of farmers’
markets and that maintains guidelines or standards for farmers’
markets operating within the State of New Mexico.
B. To operate
a farmers’ market within the town and receive exemptions from
the requirements of this title that otherwise would apply to it, an
organization must maintain public liability insurance that provides
coverage at least in the amounts of the insurance coverage available
through the New Mexico Farmers’ Marketing Association or the
liability limits set forth in the New Mexico Tort Claims Act, New
Mexico Statutes Annotated 1978, section 41-4-19, whichever provides
greater coverage.
C. To operate
a farmers’ market within the town and receive exemptions from
the requirements of this title that otherwise would apply to it, an
organization must assure compliance by all persons who sell goods
at the market with all applicable health, safety and other regulatory
requirements, including requirements set by the New Mexico environment
department and the town.
D. To operate
a farmers’ market on town owned property, an organization must
enter into a written agreement with the town specifying the terms
and conditions of the organization’s use or rental of the town
property, including the payment of fair value for such use or rental,
and such other provisions as the town may require.
(Ordinance 10-04 adopted 2010)
Any town code enforcement official may issue an administrative
notice of noncompliance to any person who fails to comply with the
requirements of this chapter. The notice shall specify the nature
of the noncompliance, what action must be taken in order to comply,
and a reasonable time to achieve compliance. A person receiving such
notice of noncompliance shall either comply as directed within the
time specified in the notice or make an appeal in writing to the town
manager before the end of the time specified. The town manager shall
rule on any such appeal within ten (10) working days of his receipt
of the appeal and may either affirm or vacate the notice of noncompliance.
If the person receiving the notice of noncompliance fails to comply
after either failing to take a timely appeal or within one week of
the date of the town manager affirming the notice of appeal, then
the exemptions from this title that otherwise would apply to the person
shall be revoked and the person will be required to comply with all
pertinent business registration, fee, and permitting requirements.
(Ordinance 10-04 adopted 2010)