Richmond, Va., Code §§ 8-394 to 8-401 (current through Oct. 24, 2017)
Brief Summary
These sections require appointment of a "Community Garden Coordinator" and set forth qualifications for and duties of that position. They also provide regulations regarding operation of and the permitting process for use of city property for community gardens. Defines community gardens to included growing of plants, flowers, etc. for non-commercial purposes, and indicates that produce and items may not be sold for money.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Food System Category: Grow, Get
State: Virginia
Jurisdiction Type: City
Jurisdiction Name: Richmond
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?
Yes. See references to: "an improved quality of life" and " a healthy environment" (§ 8-394).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Unclear. See reference to the following "healthy environment." §8-394. It is unclear whether this relates to the health of the natural environment or relates to health.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. See reference to "economic development and job creation." § 8-394.
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 purpose of this division is to promote an improved quality of life, a healthy environment, economic development and job creation for residents of the City through urban agriculture." § 8-394.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 8-395.
Does the law address implementation in some way?
Yes. "The Community Garden Coordinator shall maintain a list of City property designated by the Council for use as Community Gardens for review and inspection by the public. The Community Garden Coordinator is authorized to issue permits, revocable at will for any reason, upon due notice, by either the City or the permittee, to permittees for the annual use of City property for a period not to exceed 12 months from the date of any such issuance, for the purpose of operating a Community Garden." (§8-396(C)); "The Chief Administrative Officer may issue, modify and enforce any rules, regulations or guidelines, consistent with this division and other applicable law, necessary to carry out the requirements and purposes of this division." (§ 8-397).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Does the law include an evaluation component, beyond reporting on activity?
Does the law require an extra or atypical financial or resource investment?
Unclear. Additional staffing may be required: "The Chief Administrative Officer shall appoint a Community Garden Coordinator, who may be a City employee with other duties." §8-396(a).
Code context and ordinance history
Sections 8-394 to -401 are located in Chapter 8 - City-Owned Real Estate / Article VIII. - Use of Public Grounds, Parks, Playfields AND Playgrounds / Division 5. - Community Gardens. History: Ord. No. 2011-50-45, § 1, 3-28-2011.