POLICY DATABASE
N.Y.C. Rules, ch. 42 (2017) (current through November 4, 2017)
Brief Summary
Establishes licensing for "GreenThumb" (urban) gardens. Also establishes certain procedures with respect to the transfer of the lots upon which such gardens are located; and requires, with some exceptions, city-owned land under the jurisdiction of the Housing Preservation and Development Department that contains a garden to be used as gardens unless the land is mapped as parkland.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: New York
Jurisdiction Type: City
Jurisdiction Name: New York
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?
No.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
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" this language is provided: "This chapter establishes certain procedures with respect to the operation of Gardens registered and licensed on September 17, 2010, or first registered and licensed within the exercise of DPR's and HPD's discretion after September 17, 2010. This chapter also establishes certain procedures with respect to the Transfer of the Lots upon which such Gardens are located." (See § 42-02, which is titled "Application".).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 42-01.
Does the law address implementation in some way?
Yes. Licensing criteria and a garden review process are set forth in sections 42-03 and 42.05. §§ 42-03; 42.05.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Default, loss of license (sec. 42-03(a)).
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
Chapter 42: Greenthumb Gardens is located in Title 28: Housing Preservation and Development. History: the enacting/amending ordinance is not specified.