[Adopted 6-3-1982 by L.L. No. 2-1982 (Art. XXI of Sub-Part C of Part I of the 1973 Code)]
A.
The purpose of this article is to provide for the
issuance of permits by the Mayor and Commissioner of Parks and Recreation
for the use and occupancy of vacant City land for the purpose of community
gardening, pursuant to the provisions of § 96 of the General
Municipal Law and Article 2-C of the Agriculture and Markets Law.
B.
It is the legislative finding that such vacant land
can be of great value to the community when properly used and that
gardening may be a productive use of said land when it cannot be otherwise
tended or put to a higher public purpose.
For the purposes of this article, the following
terms shall have the meanings ascribed:
The noncommercial use of vacant City land for the purpose
of providing to the residents of the City of Troy the equal opportunity
to garden on lands which they do not individually own.
A piece of land appropriate for the cultivation of horticultural
products, including but not limited to herbs, fruits, flowers or vegetables.
The term "garden" shall include the process of so cultivating and
tending such a piece of land.
Any individual, corporation, partnership, community organization,
group, association, club or other legal entity.
To avail oneself of, or to employ without conveyance of title,
gardens on vacant City land by any person.
Land:
A.
No person shall use any piece of vacant City land
for community garden activity except pursuant to a permit.
B.
The Mayor and Commissioner of Parks and Recreation
are hereby authorized to issue such permits to any person on behalf
of the City of Troy for the use and occupancy of vacant City land
for community garden activity, pursuant to the provisions of § 96
of the General Municipal Law and Article 2-C of the Agriculture and
Markets Law.
C.
Said permits shall be for a period of one year and
in a form substantially the same as that document attached hereto
and made a part hereof.
Any person wishing to procure a permit shall
make and file application with the Commissioner of Parks and Recreation
on a form supplied by his/her office.
A.
It is hereby recognized and understood that, while
the use of vacant City land for community garden activity is a worthwhile
purpose and to be encouraged, there may often be more important uses
for which the land may be used.
B.
After reviewing an application and evaluating the
use of the specific piece of land for community garden activity in
light of other competing purposes and the public good, the Mayor and
the Commissioner of Parks and Recreation may approve or deny an application
for permit, provided no such application may be denied arbitrarily
or without good cause.
If it shall appear at any time that an application
was in any material respect false or misleading; that a person holding
a permit is in violation of any provisions of this article or any
other local or state laws, rules, regulations or ordinances that may
apply; or that the land designated in the permit has been allowed
to be wasted, damaged or otherwise misused or permitted to become
a nuisance, annoyance or danger to the general public, the Mayor and
Commissioner of Parks and Recreation may revoke said permit immediately
and the City of Troy may reenter and reoccupy the land.
A.
Any vacant City land devoted to community garden activity,
as provided in this article, shall be for the use of residents of
the City of Troy and solely for the purpose of said gardens.
B.
No permit shall be issued to any person seeking to
use the vacant City land for profit-making or commercial activity
of any kind.
C.
The holder of a permit, his/her agents, servants or
employees must at all times oversee the gardens on the land described
and shall assure that all applicable laws, rules, regulations or ordinances
are observed by anyone who may use the land so designated for community
garden activity.
D.
The holder of a permit shall see that the land described
is maintained in proper condition, and the use of same shall not become
a nuisance, annoyance or danger to the general public.
E.
During the term of any permit, the holder of a permit
shall carry a public liability, bodily injury and property damage
insurance policy, covering the land described in the permit, and shall
keep and hold harmless the City of Troy, its agents and employees
from any and all claims, damages and liability of any kind whatsoever
relative to, arising from or out of the use of said land. The liability
limits of such policy shall be in the form approved by the Corporation
Counsel of the City of Troy but in no event less than $100,000 for
each person, $300,000 for each accident for personal injuries, and
$5,000 for each accident for property damage. A certificate of said
insurance coverage shall be submitted to the Commissioner of Parks
and Recreation prior to the issuance of a permit, and said certificate
shall include the City of Troy as an additional named insured.
F.
The City of Troy, through its agents and employees,
shall have the right to enter in and upon the land described in any
permit at all reasonable hours during the term of this permit.
G.
The holder of a permit, his/her agents, servants or
employees, and all those using the land with his/her consent, shall
at all times cooperate fully with the Commissioner of Parks and Recreation,
any law enforcement officer or agency, and comply with any directives
of same.
H.
At the expiration of the permit period, the holder
of a permit shall surrender and deliver up said land described therein
to the City of Troy in as good condition as it was when the permit
was issued, reasonable wear and tear excepted, and all debris from
the surface of said land must be removed.
I.
The holder of a permit shall be responsible and liable
for any waste, damage or other misuse done to the land described in
the permit.
A.
Any person who shall violate or who shall neglect
or refuse to comply with this article or any of the provisions thereof
shall be guilty of an offense and upon conviction thereof shall be
punishable by a fine of not more than $250 or imprisonment not exceeding
15 days or by both such fine and imprisonment, and each day of violation
shall constitute a separate offense and be subject to punishment as
such.
B.
Said penalty shall be in addition to any civil liability
or sanctions that may attach as a result of the violation of this
article or any other local or state law, rule, regulation or ordinance
that may apply.
PERMIT PURSUANT TO LOCAL LAW NO. 2 OF
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THE LAWS OF 1982.
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Permission is hereby granted for
the use and occupancy for community garden activity for a period of
one year commencing on .
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To: , a,
with offices (or residence) at:
to use and occupy a portion of vacant City land
described as follows:
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Said use and occupancy shall be
solely for the purposes of community garden activity as described
in Local Law No. 2 of the laws of 1982 and subject to all of terms,
conditions and provisions of said local law.
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ACCEPTANCE:
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In consideration of the granting
of the within permit, the undersigned hereby accepts the same, subject
to all of the conditions and regulations herein prescribed.
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Dated this day of,
200____.
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By
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APPROVED: THE CITY OF TROY, NEW YORK
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By
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CORPORATE SEAL
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Commissioner of Parks and Recreation
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