Jersey City, N.J., Ordinance 16.091 (Municode, Municipal Code Corporation, June 15, 2016)
Brief Summary
This ordinance approves a city lease for a community garden site at a rate of $1 for a term of one year through the City's adopt a lot program, but may be terminated at the convenience of the city with 90-days notice and places requirement that fruits and vegetables must be grown in above-ground pots. It also prohibits use for commercial, business trade, manufacture, wholesale, retail or any other profit-making enterprises.
Legal Strategies
Expressly allows something.
Requires something, sets standards.
Limited scope. This ordinance pertains only to a single city lot.
Food System Category: Grow, Get
State: New Jersey
Jurisdiction Type: City
Jurisdiction Name: Jersey City
Does the law refer to priority populations in some way?
Does the law refer to or suggest a goal related to improving or protecting health?
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Unclear. The "whereas" clauses refer to the potential for the area to be improved and enhanced. P. 1.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
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 ordinance contains several "whereas" clauses including the statements that the "City is authorized to enter into lease agreements for nominal consideration with non-profit corporations or associations for the use of vacant lots and open spaces for gardening or recreation purposes..." and that the City has established an "Adopt-a-Lot" Program..." p. 1.
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" the "whereas" the ordinance title sets forth the intent: "An Ordinance Authorizing the City of Jersey City to Enter Into a Lease with Jersey Citywide Debutante and Cotillion Association for the Use of Block 1409, Lot P, More Commonly Known as 81 Garfield Avenue, for a Community Garden." P. 1.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Does the law address implementation in some way?
Yes. The ordinance describes the terms and stipulates a form for the community garden lease (although lease form attachment is not included with ordinance record) that the Business Administrator is authorized to enter on behalf of the City with the specified nonprofit organization. §§ 1-3.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Does the law include an evaluation component, beyond reporting on activity?
Yes. "Lessee... must submit an annual report to the officer, employee or agency designated by the governing body, setting out the use to which the leasehold was put during each year, the activities of the lessee undertaken in furtherance of the public purpose for which the leasehold was granted; the approximate value or cost, if any, of such activities in furtherance of such purpose; and an affirmation of the continued tax-exempt status of the nonprofit corporation pursuant to both State and federal law." P 1.
Does the law require an extra or atypical financial or resource investment?
Code context and ordinance history
This is an uncodified ordinance that "shall be part of the Jersey City Code as though codified" and "[t]he City shall have this Ordinance codified and incorporated in the official copies of the Jersey City Code" (§ B). The ordinance was adopted by the municipal council on June 15, 2016 and signed into law by the mayor on June 17, 2016.