Kern County, Cal., Code § 19.26.190 (7) (current through Oct. 18, 2017)
Brief Summary
This provision is part of a law that provides standards for community gardens in the County's Mobilehome Park District. Community gardens must be on lots owned or leased by a property owner's association, homeowner's association, tenant's association, nonprofit organization or public agency, and the organization/agency must set up a framework for managing the community gardens. Each community gardens may have temporary (not permanent) structures, and a temporary produce stand used exclusively for on-site sales of produce.
Legal Strategies
Expressly allows something.
Requires something, sets standards.
Limited scope. Applies only to the "MobileHome Park District.".
Food System Category: Grow, Get
State: California
Jurisdiction Type: County
Jurisdiction Name: Kern County
Does the law refer to priority populations in some way?
Unclear. Focus is on manufactured home parks.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. See reference to public health, safety, and general welfare. § 19.26.190 (8).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. See references to these terms: no off-site erosion or sedimentation impacts. §19.26.190 (6).
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?
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 sole purpose of the Mobilehome Park (MP) district is to designate areas for medium-density mobilehome living areas that are, or will be, subject to the California Mobilehome Parks Act..." § 19.26.010.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. Chapter 19.04.
Does the law address implementation in some way?
Unclear. Details regarding specific implementation of this law are not set forth, but section 19.06.020 provides that the" planning director shall be vested with the authority to administer this title." § 19.06.020. Also, law requires organization that runs the community garden(s) to "establish and enforce rules pertaining to the use of the property and rights of membership," and to file the rules with the County. § 19.06.020 (2).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Violations of the zoning code are punishable "by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not exceeding six (6) months, or by both such fine and imprisonment." § 19.02.070; § 19.114.060.
Does the law include an evaluation component, beyond reporting on activity?
Does the law require an extra or atypical financial or resource investment?
Code context and ordinance history
Section 19.26.190 - Community garden—Standards is located in Title 19 - Zoning, Chapter 19.26 - MobileHome Park (MP) District. History: Enacted by Ord. No. G-8226, § 35, 11-8-11.