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POLICY DATABASE
Policy 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.

Background Information

State Missouri
Jurisdiction Name Ferguson
Jurisdiction Type City,
Population Size 5,000-50,000
Legal Strategies
  • Expressly allows something
  • Requires something, sets standards
Reach Community-wide
Food System Category Grow; Get;

Policy Details

Refers to priority populations?
No

Health-related goal?
Yes

See reference to "public health, safety and welfare" (§40-62).

Environmental goal?
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).

Economic goal?
No

Includes findings?
No

Has a stated intent or purpose?
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.

Includes definitions?
Yes

§40-61.

Addresses implementation?
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).

Enforcement provisions?
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.

Evaluation component?
No

Requires extra 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.