Except as otherwise provided herein all community gardens within the town of Concrete, including the vehicle parking areas near said gardens, shall be closed to the general public between the hours of 11:00 p.m. and 6:00 a.m. of the following day, and no person except for an authorized employee of the town of Concrete, community garden task force member, planting bed renter, and any on-duty and commissioned law enforcement officer shall be in any town community garden during the hours of closure.
The hours of operation of the community garden as set forth herein may be extended by issuance of a special permit from the town or by resolution for special events conducted by or under the auspices of the town.
(Ord. 680, 2011)
It is unlawful for any person, except for town employees and other town-authorized persons in the performance of their duties, or pursuant to a special use permit issued by the town, to violate any of the following rules and regulations, which shall apply to all community gardens throughout the town of Concrete:
(1) 
A community garden bed rental application shall be fully filled out, signed and all fees paid prior to issuance of a bed; beds will be assigned as paid for or as established per wait list; preference will be given to town of Concrete residents. Each active bed rental agreement holder shall contribute at least eight hours of volunteer labor annually. Volunteer hours must be met as a condition of renewing any bed rental agreement; others may assist with the volunteer hours of any said agreement holder to satisfy the eight-hour requirement. All volunteer hours must be signed off on by either town staff or a community garden task force member, and must be completed prior to the expiration of the current rental agreement.
(2) 
There shall be no motor vehicle allowed within the community garden fenced area, except for town employees and/or other town-authorized persons in the performance of their duties.
(3) 
There shall be no possession of firearms in any community garden, including air rifles and pellet guns.
(4) 
There shall be no destruction of vegetation, structures, receptacles, utilities or any other fixture connected to or within any community garden.
(5) 
There shall be no unauthorized burning or grilling.
(6) 
There shall be no consumption or possession of alcoholic beverages.
(7) 
There shall be no use of tobacco, smoke or smokeless, within any community garden.
(8) 
There shall be no unauthorized dumping of trash, litter or garbage brought into any community garden. All waste material and garbage from community garden activities must be deposited in refuse cans where provided by the town or such refuse must be removed from said community garden. The dumpsters, recycle receptacles and trash receptacles provided at the community gardens are for use by community garden patrons only.
(9) 
There shall be no pets or other animals permitted within the fenced area of any community garden.
(10) 
Children under the age of 18 must be accompanied and supervised by an adult at all times.
(11) 
Quiet hours are recognized between the hours of 9:00 p.m. to 8:00 a.m. All community garden patrons are encouraged to ensure that the shed is locked and all gates are securely closed prior to leaving the community garden area unattended.
(12) 
Nonorganic pesticides and herbicides are not permitted. A natural compost is/will be produced on site and available to all community garden rental agreement holders and/or volunteers. If you are unsure of a certain product, you must contact town staff or a community garden task force member to determine if said product is allowable.
(13) 
Community garden rental agreement holders may add fencing, support structures or personal signage completely within their own bed. The added fencing, support structures or personal signage must not shade other beds or interfere with admittance to neighboring beds, and must be made of easily removable materials. All added fencing, support structures, or personal signage must be removed within 30 days of nonrenewal of bed rental agreement or all such material becomes property of the community garden. Community garden rental agreement holders or any other patron of the community garden shall not mark, carve, or otherwise personalize the bed or allow for any other person to do the same.
(14) 
Woody plants, such as vines, canes or shrubs, shall not be permitted to be planted within the rental beds, but may be planted in common planting areas and/or around the fence line with prior approval by town staff or a community garden task force member. Community garden rental agreement holders are encouraged to consider the impact of shade, self-seeding, spreading, and other items that may affect surrounding beds.
(15) 
All weeds removed from rental beds or common planting areas must be discarded in the designated weed collection areas according to postings and guidelines for acceptable materials and how they should be prepared for composting in the compost areas. Household or private yard waste is not permitted in the compost area. All community garden agreement holders and/or volunteers must keep their bed(s) weeded throughout each growing season, and must remove all plant debris from their beds(s) by December 1st of each year.
(16) 
Use of power tools is not permitted within the fenced area of any community garden in the town of Concrete except for town employees and other town-authorized persons in the performance of their duties, or pursuant to a special use permit issued by the town.
(17) 
Shared hand tools and other items will be made available and stored in the garden shed for community garden use only. All tools must be signed out and signed in. All tools shall be cleaned and returned to the proper storage location in the shed. A limited number of lockers may be available for personal storage. The storage facility must be locked after each use.
(18) 
Watering must be monitored by a gardener during the entire watering period. Community garden rental agreement holders and/or volunteers may arrange for other agreement holders and/or volunteers to water or maintain their bed. The actual rental agreement holder is ultimately responsible for her/his bed. Drip or soaker systems may be installed with prior approval by town staff and/or community garden committee member.
(19) 
Entering, disturbing or removal of items from beds not rented by said person is strictly prohibited unless the bed rental owner is present and/or has given prior permission; town staff or a community garden task force member should be made aware of any such permissions.
(20) 
Sale or transfer of bed(s) assignments is not permitted. Vacated beds will be reassigned per the priority of an established wait list at the direction of town staff and/or the community garden task force. The vacated bed shall be left empty, clean and ready for use by another. All bed rental agreement holders or wait list persons shall promptly notify town staff or the community garden task force of any changes in contact information from their original application.
(21) 
Weekly maintenance of garden beds is expected, weather permitting. If a bed remains unattended for more than two weeks without prior notice or arrangements, town staff and/or a community garden committee member shall initiate contact with said bed rental holder. If said bed holder cannot be contacted, for any reason, or does not correct the problem within one week, the town reserves the right to take interim action to address the problem and/or to reassign the bed(s).
(22) 
Town Hall staff shall mail out invoices by March 1st of each year. Bed rental payments are payable and due by March 31st of each year. If payment is not made in full said bed rental shall be forfeited as of April 1st. Forfeited beds will be offered to the next person on the wait list, if left vacant after all wait list persons have been notified the previous renter may reapply for the vacant bed.
(Ord. 680, 2011)
Any person who violates any of the provisions of this chapter or any posted rules and regulations at any community garden shall be contacted by town staff or a community garden task force member to discuss the problem and/or agree on a deadline for resolution. If no resolution can be made or if the deadline is not met, town staff or a community garden task force member shall send written notification, allowing seven days for a response from said bed rental holder. If no response is received from said bed rental holder, town staff and/or community garden task force shall withdraw the bed rental agreement for this particular renter's bed(s) and reassign the bed without further notice. If a bed is reassigned due to violations, neglect or nonpayment, no fee or prorated fee thereof shall be returned. At the discretion of town staff and/or community garden task force member, any rental agreement may be forfeited without notice for blatant violations. Any person whose bed rental is withdrawn due to any of the above violations may not apply for another bed rental or a place on the wait list, for a minimum of one year from the date of actual withdrawal.
(Ord. 680, 2011)
Permits and/or rental agreements for use of said community garden beds may be made and paid for with the office of the clerk-treasurer, who shall track all payments made and bed rentals.
Rentals, leases, fees, and charges for the use of the community garden shall be set by annual resolution by the town council, which may be amended from time to time.
(Ord. 906 § 2, 2026)