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Bonita Springs, Fla., Code § 4-1435 (current through September 22, 2017)
Brief Summary
This law provides regulations for community gardens including requirements for composting, drainage, parking, size, noise, chemical application, structures, etc. It also provides that community gardens are not bona fide agriculture under F.S. § 823.14, Florida Right to Farm Act.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Distribute
State: Florida
Jurisdiction Type: City
Jurisdiction Name: Bonita Springs
Does the law refer to priority populations in some way?
Yes. See reference to "food deserts." § 4-1435(a).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. See reference to "healthy food." § 4-1435(a).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. See this language: "protect and improve the quality of our open space resources; beautify the city with environmentally-appropriate plantings." § 4-1435.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
No.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Unclear. Although not entitled "intent" or "purpose," section 4-1345 (a) provides this language: "To create a network of community gardens throughout the city to provide members of the community a safe place to grow their own food. The city wants to encourage the use of community gardens to increase community food security, decrease/reduce food deserts, and improve access to healthy food; protect and improve the quality of our open space resources; beautify the city with environmentally-appropriate plantings; and strengthen community involvement and build community." § 4-1345 (a).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 4-1430.
Does the law address implementation in some way?
No.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
No.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Section 4-1345 is located in Part III, Land Development Code; Chapter 4, Zoning; Article VI, Supplementary District Regulations; Division 16, Farm Produce Stands, U-Pick Operations, Roadside Stands, Farmer's Markets and Community Gardens. History: Ord. No. 12-13, § 1(4-1717), 8-15-2012.