§ 96 — Municipal community garden activities

New York § 96

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 5: Powers, Limitations and Liabilities

Text

§ 96. Municipal community garden activities. 1. A municipality is\nauthorized to hold land, however acquired, either in fee or of a lesser\ninterest, or by lease, contract or agreement with the owners and to\nallow same to be used for community gardening under the terms and\nconditions established in article thirty-eight of the executive law, as\napplicable, for such period of time and under such further conditions as\nmay be authorized by local law. Such use of land is a valid exercise of\nmunicipal powers. A municipality may encourage individuals, community\norganizations and groups to use vacant lands and municipal facilities\nfor such period of time and under such conditions as the municipality\nmay determine for use in community garden programs, including but not\nlimited to, a condition that users possess liability insurance and\naccept liability for injury or damage resulting from use of the vacant\npublic land for community gardening purposes. A fee related to\npreparation of assigned lots may be charged participants.\n 2. A municipality may establish a program in conjunction with the\ncooperative extension or county extension association for ready\nidentification of accessible land resources in the municipality\navailable for such programs. Any community garden program should to the\nfullest extent practicable be community in scope in order that all\ninterested families and individuals, who reside in the area, be afforded\nan equal opportunity to use available plots subject to reasonable\ncontinuing tenure.\n 3. A municipal corporation may assist the development of a community\ngarden by contributing, or providing at cost, from resources under the\ncontrol of the municipality, upon agreement with the user of such land\nas approved pursuant to the local finance law: initial site preparation,\nincluding top soil and grading; water systems; perimeter fencing;\nstorage bins or sheds, and other necessary appurtenances or equipment.\n 4. At the discretion of the municipality, fertilizer including\nmunicipally produced compost, seeds, or tools may be procured in\nquantity and made available at cost to community groups involved in\ngarden projects. A tool lending facility may be established by the\nmunicipality so that gardening tools are available on an equitable\nrotating basis to all members of the community. Such assistance shall be\na valid municipal purpose.\n 5. For the purposes of carrying out the provisions of this section, a\ncommunity gardening program may be deemed part of a youth or senior\ncitizen program.\n