POLICY DATABASE
Fresno, Cal., Ordinance 2015-29 (Aug. 27, 2015)
Brief Summary
Uncodified ordinance amending Section 6-520 of the Fresno code to allow home gardens and community gardens of 1/4 acre size or less to use drip irrigation systems to water fruit and vegetable gardens and fruit trees any day of the week, exempting these gardens from the city's water conservation laws. The law describes what kind of drip irrigation system is allowed, and also creates a process for larger gardens to also request an exemption.
Legal Strategies
Creates an exemption.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow
State: California
Jurisdiction Type: City
Jurisdiction Name: Fresno
Does the law refer to priority populations in some way?
Yes. Refers to populations affected by food insecurity and preventable nutrition-related chronic diseases in the "whereas" clauses.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. "Whereas" clauses desribe gardens as "empower[ing] families and communities to be more healthy and self-sufficient," as improving access to local, fresh food, and the "growing need for healthy, sustainably produced, locally grown foods"; and to "preventable nutrition-related diseases such as obesity, diabetes, and heart disease.".
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Focus of law is on water conservation, and "whereas" clause refers to "sustainably produced" food.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Unclear. "Whereas" clauses refer to communities that are "self-sufficient" and food security.
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?
Yes. The "whereas" clauses include several findings about how gardens benefit public health and welfare, including: that many families rely on vegetable gardens for food; that home and community gardens provide consistent, adequate access to fresh local foods, increase food security, and empower families and communities to be self-sufficient; that they are important strategy for populations affected by food insecurity and nutrition-related chronic diseases and encourage people to eat more fruits and vegetables.
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. Whereas clauses include this language: "the Council now wishes to further amend Section 6-520 to allow for watering of food-producing plants by drip irrigation on any day of the week" and that the ordinance is necessary to preserve an "inexpensive food source" for city residents.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Although not labeled as a definition section, the added Sec. 6-520(b) includes a definition for "drip irrigation".
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
Uncodified ordinance: Amending Section 6-520 of the Fresno Municipal Code (Bill. No. 32, Ord. No. 2015-29, Aug. 27, 2015), to add exemption for watering of community gardens. Codified version of the law is at: https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH6MUSEUT_ART5WARE_S6-520WACO (see Sec. 6-520(b)).