§ 8-439. Rules and regulations.

(a)

The Chief Administrative Officer, or a designee thereof, shall adopt rules and regulations designating places in the streets in the market areas or in any of them where vendors may sell or offer products for sale and prescribing the time and manner in which products may be sold, displayed or offered for sale. Such rules and regulations may be repealed, changed or modified at any time. In so doing, the Chief Administrative Officer, or a designee thereof, shall give due consideration to the safe and convenient use of the streets by vehicles and pedestrians, the use thereof by police and fire vehicles and ambulances, and the safe and convenient use thereof by vendors and their customers for the purpose of selling and buying products. It shall be unlawful for any farmer to violate or fail, refuse or neglect to observe and comply with any such rule or regulation.

(b)

Nothing contained in this section shall be construed to divest the Chief of Police of the power conferred upon the Chief of Police by the Charter or other provisions of law relating to traffic, but the Chief of Police shall consult with the Chief Administrative Officer, or a designee thereof, before exercising such power so that the objects and purposes of this section shall be reasonably attained and so that the rules and regulations adopted by the Chief Administrative Officer, or a designee thereof, will not conflict with the acts of the Chief of Police in the exercise of such power.

(c)

Failure to comply with any rule or regulation may, at the discretion of the Chief Administrative Officer, or a designee thereof, result in exclusion from the market area for an appropriate period of time.

(d)

The Chief Administrative Officer, or a designee thereof, shall adopt rules and regulations that shall encompass the following:

(1)

Policies and procedures for overall operation of the market areas.

(2)

Restrictions of the quantities and types of products, goods, wares and merchandise displayed or sold within the market areas to ensure appropriate variety and availability to consumers.

(3)

Specification of the type, color and design of permits used to distinguish different categories of products offered for sale, which may include a special designation of State growers.

(Code 1993, § 8-264; Code 2004, § 26-524; Ord. No. 2009-220-2010-8, § 2, 1-25-2010)

(Code 1993, § 8-264; Code 2004, § 26-524; Ord. No. 2009-220-2010-8, § 2, 1-25-2010)