[HISTORY: Adopted by the City Council of the City of Hackensack 12-19-2023 by Ord. No. 49-2023. Amendments noted where applicable.]
A community garden is hereby established within the City of Hackensack to be located at Johnson Park and shall be designated as the "City of Hackensack Community Garden."
The Community Garden shall be managed by the Recreation Department, who shall enforce the rules and regulations set forth in this chapter under the direction of the City Manager. Additionally, the City may establish a volunteer program to supplement the day-to-day operation of the Community Garden. The City shall require all plot holders to sign a use agreement, as approved by the City Manager, to supplement the rules and regulations set forth in this chapter. Plot rental fees shall be collected by the City and used for maintenance and to purchase supplies for the Community Garden. The City will provide soil, water, hoses and watering equipment. Plot holders will provide their own tools, flowers/plants and any other gardening supplies.
The Community Garden is available to all residents of the City, ages 18 and over, on a first-come-first-served basis for the purpose of growing fruits and vegetables, flowers and herbs. Plots are rented for one year at a time, with pre-registration for returning plot holders in February and new plot holders in March, or as otherwise may be determined by the Recreation Department.
No person shall be permitted to maintain a plot in the Community Garden unless such person has registered for the plot, executed all required documentation and paid the applicable fee, which shall be determined annually by the City Manager in advance of each year's registration. Once fees are paid, they are non-refundable.
The use of the Community Garden will be subject to the following rules and regulations, along with any additional rules and regulations that may be promulgated by the Recreation Department:
A. 
The gardening season runs from May 1 until Thanksgiving weekend in November.
B. 
Hours: 7:00 a.m. to sunset, seven days per week. No person shall remain in the Community Garden after sunset. The gate must be closed and locked after entering and when leaving.
C. 
Plots must be prepared no later than May 15 and planting is to be completed by June 15. Unattended plots may be reassigned.
D. 
The Community Garden is an organic garden. Use of chemical fertilizers, pesticides, herbicides or rodenticides is strictly prohibited. Organic mulch, fertilizer such as cow or chicken manure, and natural items such as coffee grinds and eggshells are allowed.
E. 
Organic composting is allowed. Dead plant material can be placed into the garden area designated for composting. However, it is prohibited to put weeds or diseased plants into the compost area, since this may spread weed seeds and/or further infect other plants. Weeds and diseased plants are to be bagged and put into trash cans set aside for this purpose.
F. 
Illegal or nonnative plants are prohibited. Tall plants must be planted so as to not interfere with anyone else's plot. Vines may be trellised and trimmed shorter than five feet and maintained within the plot.
G. 
Water usage shall be limited to the extent feasible and a plot holder may not water anyone else's plot without permission.
H. 
Produce is to be harvested on a regular basis. A plot holder is expected to notify the Recreation Department if he or she will be unable to maintain the plot for any extended period of time, and advise of any alternative arrangements that have been made to care for and harvest the plot.
I. 
No person may take any fruits, vegetables, herbs or flowers from anyone's plot without permission from the plot holder.
J. 
The fall cleanup deadline is Thanksgiving weekend. Plot holders who have planted perennials and plan to return in the spring must contact the Recreation Department for further instruction. Gardeners who leave fencing, tomato cages, poles or trellises do so at their own risk.
K. 
No alcohol, drugs, smoking or pets are allowed in the Community Garden. Children must be accompanied and supervised by an adult at all times.
L. 
All other regulations relating to the general use of Johnson Park shall also be enforced.
All persons using the Community Garden assume any and all risks associated with the use of the Community Garden. Prior to use of the Community Garden, each person shall execute and deliver to the City an agreement for the use of the Community Garden that shall contain hold harmless and indemnification language.
Use of the Community Garden is a privilege. The City reserves the right to revoke the use of the Community Garden by any person for failure to observe the rules and regulations established in this chapter or any supplemental rules established by the City Manager. Upon violation of any rule or regulation, a written notice will be issued and the violator will be given a reasonable opportunity to correct the violation. If the violation does not cease or is not cured within 14 days, a second written notice will be issued. If the violation has not ceased or been cured within seven days of the second notice, the use of the Community Garden for the remainder of the season may be revoked and the plot may be reassigned. Any person whose permission to use a plot is revoked may appeal the decision to the City Manager, who shall hold a hearing on the matter within 15 days of the revocation. In exceptional circumstances, the City Manager may revoke a person's right to use the Community Garden for additional seasons.