Sponsor
Alderman Sarrazin
Title
Ordinance 07-14
An ordinance creating ARTICLE XXXIV. - Produce Carts, Sections 22-1258 - 22-1263 in Chapter 22, of the general ordinances of the City of Racine, Racine County, Wisconsin relating to Produce Carts.
The Common Council of the City of Racine, Wisconsin do ordain as follows:
Part 1: ARTICLE XXXIV. - Produce Carts, Sections 22-1258 - 22-1263 in Chapter 22 of the City of Racine ordinances is hereby created to read as follows:
"ARTICLE XXXIV. - Produce Carts.
Sec. 22-1258. Intent.
It is the intent of the City in enacting this ordinance to promote residents' access to fresh produce by implementing a fresh Produce Cart program.
Sec. 22-1259. Purpose.
The purpose of this article is to promote the health of the community by increasing access to fresh produce.
Sec. 22-1260. Definitions. The following words and phrases, whenever used in this article, shall have the meanings defined in this section:
(a) Produce Cart Sales Spot means one of the following designated public spaces where Produce Cart Permit holders may sell Fresh Produce, subject to the regulations listed in Sec. 22-1262.
(1) Vacant City-owned lots.
(b) Fresh Produce means unprocessed, unfrozen, whole, raw fruits and vegetables that have not been combined with other ingredients.
(c) Produce Cart Permit means a permit for the selling of Fresh Produce or bottled water from a Produce Cart at a Designated Produce Cart Sales Spot.
(d) Produce Cart means any showcase, table, stand, bench, rack, handcart, pushcart, wagon, stall, or any other fixture, device, or other wheeled conveyance from which a Produce Cart Permit holder sells Fresh Produce. Not to exceed three permitted vendors in any one lot.
(e) Produce Cart Vendor means an individual holding a Produce Cart Permit.
Sec. 22-1261. Permits.
(a) The City Clerk shall issue Fresh Produce Permits annually for a fee of $10.00, subject to the requirements and prohibitions listed below in Sec. 22.1262.
(b) The City Clerk is hereby authorized to issue all rules and regulations consistent with this article and shall have all necessary powers to carry out the purpose of this article, along with representatives from the City Health Department.
(c) The City Clerk shall be responsible for designating locations for Produce Carts. The City Health Department shall be responsible for performing inspections resulting from complaints.
(d) The City Clerk shall be responsible for issuing and accepting applications and permits while the City Health Department will be responsible for reviewing the applications for confirmation and vendor education
Sec. 22-1262. Requirements and Prohibited Conduct.
(a) It shall be unlawful for any person, firm, or corporation to engage in the business of a Produce Cart Permit Holder without having first obtained a permit from the City Clerk.
(b) It shall be unlawful to sell any items other than Fresh Produce with a Produce Cart Permit.
(c) Produce Cart Vendors shall keep their Produce Carts clean and free from paper, peelings, and refuse of any kind generated from the operation of their businesses. Produce Cart Vendors shall affix to their Produce Carts a marked receptacle for litter, which shall be maintained and emptied regularly.
(d) No Produce Cart Vendor shall:
(1) Conduct business in such a way as to restrict or interfere with the ingress or egress of the abutting property owner or tenant, or in such a way as would create or become a nuisance or hazard to public health, safety, or welfare, or increase traffic congestion or delay, or constitute an obstruction to adequate access to fire, police, or sanitation vehicles;
(2) Leave any Produce Cart unattended at any time;
(3) Load or unload a Produce Cart for a period exceeding twenty minutes;
(4) Conduct business between 9:00 p.m. and 8:00 a.m.
(5) Conduct business within 900 feet of an established business that sells Fresh Produce or of any location previously established and currently being operated by a Fresh Produce Vendor.
(6) Conduct business within ten feet of a crosswalk, fire hydrant, or the outer edge of any entranceway to any building or facility used by the public, including doors, driveways, and emergency exits
Sec. 22-1263. Penalties.
(a) A violation of this article shall be grounds for the City Clerk to deny, refuse to renew, suspend, or revoke the permit to operate.
(b) Any person who violates any of the provisions herein shall be subject to a forfeiture of $303.00, for each violation.
Part 2: This ordinance shall take effect upon passage by a majority vote of the members-elect of the City Common Council and publication or posting as required by law.
Passed by the Common Council:
Approved:
_______________________________________
Mayor
Attest:
_______________________________________
City Clerk
Fiscal Note: N/A