POLICY DATABASE
Lexington-Fayette County, Ky., Code § 10-14.1 (and § 10-15) (current through March 29, 2019)
Brief Summary
Section 10-14.1 establishes standards for community and market gardens. Allows produce to be grown for personal or group use, consumption, donation or off-site sales, but does not allow on-site sales. Also does not allow raising of livestock on land except for fowl in some circumstances. Additionally, section 10-15 establishes that licensing fees are waived for farmers or market gardeners selling from house to house.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: Kentucky
Jurisdiction Type: City, County
Jurisdiction Name: Lexington-Fayette
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. Law refers to waste and compost containers be maintained so as to not attract insects, vermins, and animals or create a nuisance. § 10-14.1 (e)(10).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Law refers to promoting "sustainable" food production, and also requires garden site to "be designed and maintained so that water, chemicals or waste will not drain onto adjacent property, and measures are taken to control soil erosion." §§ 10-14.1 (a) and (e)(6).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. See reference to "affordable local food production for local consumption." § 10-14.1 (a).
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. "The primary purpose of community and market gardens is to promote sustainable and affordable local food production for local consumption." § 10-14.1(a).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. "Community garden" is defined in section 10-14.1(d).
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
Sections 10-14.1 and 10-15 are located in Chapter 10, "Food and Drugs," Article I, "In General." History for sec. 10-14.1: Ord. No. 43-2016, § 1, 4-7-16 ; and Ord. No. 56-2017 , § 2, 4-27-17. History for section 10-15: not specified.