POLICY DATABASE
Ferguson, Mo., Code §§ 40-60 to 40-63 (current through Sept. 29, 2017)
Brief Summary
This law allows community gardens in public places with a permit, and sets standards and regulations for the same. Specific requirements address site planning, volunteers, maintenance, equipment use, composting, signage, fencing, etc. Structures such as storage sheds, greenhouses, and raised beds are allowed.
Legal Strategies
Expressly allows something.
Requires something, sets standards.
Reach
Community-wide
Food System Category: Grow, Get
State: Missouri
Jurisdiction Type: City
Jurisdiction Name: Ferguson
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. See reference to "public health, safety and welfare" (§40-62).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. See reference to the following: rain barrel, compost bins, "minimize water, any chemical pesticide, fertilizer or other garden waste" (§40-62(c)), environmental impact (§40-60).
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?
Yes. "Community gardens may be established to allow residents and their neighbors to cultivate fruits, vegetables, plants, flowers, or herbs for their consumption and enjoyment and for the consumption and enjoyment by friends and relatives without creating adverse environmental impact or land use incompatibilities." § 40-60.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. §40-61.
Does the law address implementation in some way?
Yes. "The garden coordinator shall prepare plans and details of the garden layout and any community garden structures for review and approval by the director of public works. Some of these reviews will require permits although permitting fees will be waived for city-owned properties." § 40-62(c)(2)(e).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Penalties include: "(1) For city-owned property, the garden coordinator will not be allowed to continue in this role during next the renewal, if city has had to step in to remedy violations twice before. (2) For privately-owned property, the city will abate the violations and place a lien on the property in accordance with the city's nuisance abatement procedures." § 40-63.
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
Sections 40-60 to 40-63 are located in Chapter 40 - Streets, Sidewalks and Other Public Places / Article V. - Community Gardens. History: Ord. No. 2009-3413, § 1, 10-13-09.