§ 24-93. Market Square Park.

(a)

City council has designed certain areas of the public right-of-way located along the southerly side of Campbell Avenue, S.E., and the easterly and westerly sides of Market Street, S.E., as Market Square Park, which park is more particularly depicted in blue and described in the plan attached as Exhibit A to the resolution dated June 5, 2017, designating Market Square Park and on file with the city clerk. Prior to its designation as a public park, the area within Market Square Park has been used for several purposes, including but not limited to, a public market as permitted under section 24-61 through 24-77 of City Code; outdoor dining as permitted pursuant to section 30-9.1 of City Code; street vending permitted pursuant to section 30-9.2 of City Code; and events conducted, operated, or promoted by private parties under agreements with the City. City Council recognizes that Market Square Park is also used as a public right-of-way by pedestrians and vehicles. Based on these various uses, City Council has adopted this section 24-93 to address the unique requirements and circumstances involving Market Square Park. The use, operation, and management of Market Square Park shall be subject to the provisions of this Section 24-93 and, where not in conflict with the specific provisions of this section 24-93, the provisions of Chapter 24, Article IV, Parks.

(b)

Closing hours.

(1)

Market Square Park shall be closed between the hours of 3:00 a.m. and 7:00 a.m., daily, and it shall be unlawful for any person to enter or remain in Market Square Park during these hours.

(2)

Subsection (b) of this section shall not prohibit passing through Market Square Park, in a vehicle along Market Street, S.E., or along the sidewalks within Market Square Park, without stopping during the hours that Market Square Park is closed.

(3)

Owners or operators of businesses that operate abutting Market Square Park and individuals with residences within buildings abutting Market Square Park may travel to and from their respective places of business or residences and are excepted from the restrictions set forth in subsection (a) of this section.

(4)

Persons holding licenses to operate space within any public market in Market Square Park are excepted from the restrictions of subsection (a) of this section with respect to their operations during the period of 5:30 a.m. to 7:00 a.m.

(c)

Public Markets.

(1)

Areas of Market Square Park may be used as a public market in accordance with the provisions of Sections 24-61 through 24-77 of City Code.

(2)

Persons desiring to obtain a license to use space within Market Square Park designated as a public market shall comply with the provisions of sections 24-61 through 24-77 of City Code.

(3)

All persons holding a valid license or permit issued pursuant to section 24-66 as of the date of adoption of this section shall have the right to such license or permit through the date on which such permit or license expires without further application, upon expiration of such license or permit, such person shall comply with section 24-66 to obtain a new license or permit.

(d)

Outdoor dining within designated areas of Market Square Park.

(1)

Persons or entities that own or lease property adjacent to the easterly, southerly, or westerly boundaries of Market Square Park may apply for a permit to conduct outdoor dining within designated areas of Market Square Park in accordance with section 30-9.1 of City Code.

(2)

Restrictions with respect to sale or consumption of alcoholic beverages within parks as set forth in section 24-97 shall not apply within areas designated and permitted for outdoor dining within Market Square Park. The sale and consumption of alcoholic beverages by customers of permittees who have received permits pursuant to section 30-9.1 of City Code shall be subject to the permit and license issued to such permittee by the commonwealth of Virginia Alcohol Control Board (ABC) and all applicable laws, rules, and regulations of the Commonwealth of Virginia and ABC.

(3)

All permittees holding valid permits issued pursuant to section 30-9.1 of City Code for outdoor dining within an area of Market Square Park as of the date of adoption of this section may continue to use such permit until the date on which such permit expires without further application. Upon expiration of such permit, the permittee shall comply with section 30-9.1 in order to obtain a new permit.

(e)

Possession or consumption of alcoholic beverages within Market Square Park.

(1)

Persons or entities may apply to the city manager for authorization to allow the possession and consumption of alcoholic beverages within Market Square Park in accordance with section 24-97 (b)(1) of City Code. Persons or entities receiving such authorization shall comply with the terms and conditions of such authorization. The restriction regarding hours of operation set forth in section 24-97 (b)(4) shall not apply to the possession and consumption of alcoholic beverages within areas of Market Square Park. The authorization provided by the city manager shall specify the specific hours of operation.

(2)

The provisions of this section 24-93 (e) shall not apply to the possession and consumption of alcoholic beverages by permittees holding valid outdoor dining permits for outdoor dining within designated areas of Market Square Park.

(f)

Street vending within Market Square Park.

(1)

Persons seeking to conduct street vending for the sale of food or beverages from a cart shall be subject to and comply with section 30-9.1 of City Code, including obtaining a permit pursuant to section 30-9.1 of City Code.

(2)

As set forth in section 30-9.1(2) of City Code, a street vending permit pursuant to section 30-9.2 is not required for vending in the areas designated as a public market within Market Square Park during the hours of operation of the public market.

(g)

Sidewalk sales within Market Square Park. Sidewalk sales, as permitted pursuant to section 30-4.1 of City Code, shall be permitted within portions of Market Square Park designated as sidewalks, subject to the terms, conditions, and requirements of Section 30-4.1 of City Code.

(h)

Regulation of streets and sidewalk applicable to Market Square Park. Unless otherwise specifically provided in this Section 24-93, the provisions of Chapter 30, Streets and Sidewalks, shall be applicable to the public right-of-way encumbered by Market Square Park.

(i)

The city manager is authorized to make such other rules and regulations regarding the use, operation, administration, and management of Market Square Park that are not inconsistent with this section or the Code of Virginia (1950), as amended.

(Ord. No. 40845, § 1, 6-5-17)

(Ord. No. 40845, § 1, 6-5-17)