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City of Troy, NY
Rensselaer County
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[Adopted 6-3-1982 by L.L. No. 2-1982 (Art. XXI of Sub-Part C of Part I of the 1973 Code)]
A. 
The purpose of this article is to provide for the issuance of permits by the Mayor and Commissioner of Parks and Recreation for the use and occupancy of vacant City land for the purpose of community gardening, pursuant to the provisions of § 96 of the General Municipal Law and Article 2-C of the Agriculture and Markets Law.
B. 
It is the legislative finding that such vacant land can be of great value to the community when properly used and that gardening may be a productive use of said land when it cannot be otherwise tended or put to a higher public purpose.
For the purposes of this article, the following terms shall have the meanings ascribed:
COMMUNITY GARDEN ACTIVITY
The noncommercial use of vacant City land for the purpose of providing to the residents of the City of Troy the equal opportunity to garden on lands which they do not individually own.
GARDEN
A piece of land appropriate for the cultivation of horticultural products, including but not limited to herbs, fruits, flowers or vegetables. The term "garden" shall include the process of so cultivating and tending such a piece of land.
PERSON
Any individual, corporation, partnership, community organization, group, association, club or other legal entity.
USE
To avail oneself of, or to employ without conveyance of title, gardens on vacant City land by any person.
VACANT CITY LAND
Land:
A. 
Which the City of Troy is authorized to hold, however acquired, either in fee, by a lease or of a lesser interest, including any contract or agreement with the owners; and
B. 
That is unused, unoccupied or idle, including open space within the perimeter of a public facility or park.
A. 
No person shall use any piece of vacant City land for community garden activity except pursuant to a permit.
B. 
The Mayor and Commissioner of Parks and Recreation are hereby authorized to issue such permits to any person on behalf of the City of Troy for the use and occupancy of vacant City land for community garden activity, pursuant to the provisions of § 96 of the General Municipal Law and Article 2-C of the Agriculture and Markets Law.
C. 
Said permits shall be for a period of one year and in a form substantially the same as that document attached hereto and made a part hereof.
Any person wishing to procure a permit shall make and file application with the Commissioner of Parks and Recreation on a form supplied by his/her office.
A. 
It is hereby recognized and understood that, while the use of vacant City land for community garden activity is a worthwhile purpose and to be encouraged, there may often be more important uses for which the land may be used.
B. 
After reviewing an application and evaluating the use of the specific piece of land for community garden activity in light of other competing purposes and the public good, the Mayor and the Commissioner of Parks and Recreation may approve or deny an application for permit, provided no such application may be denied arbitrarily or without good cause.
If it shall appear at any time that an application was in any material respect false or misleading; that a person holding a permit is in violation of any provisions of this article or any other local or state laws, rules, regulations or ordinances that may apply; or that the land designated in the permit has been allowed to be wasted, damaged or otherwise misused or permitted to become a nuisance, annoyance or danger to the general public, the Mayor and Commissioner of Parks and Recreation may revoke said permit immediately and the City of Troy may reenter and reoccupy the land.
A. 
Any vacant City land devoted to community garden activity, as provided in this article, shall be for the use of residents of the City of Troy and solely for the purpose of said gardens.
B. 
No permit shall be issued to any person seeking to use the vacant City land for profit-making or commercial activity of any kind.
C. 
The holder of a permit, his/her agents, servants or employees must at all times oversee the gardens on the land described and shall assure that all applicable laws, rules, regulations or ordinances are observed by anyone who may use the land so designated for community garden activity.
D. 
The holder of a permit shall see that the land described is maintained in proper condition, and the use of same shall not become a nuisance, annoyance or danger to the general public.
E. 
During the term of any permit, the holder of a permit shall carry a public liability, bodily injury and property damage insurance policy, covering the land described in the permit, and shall keep and hold harmless the City of Troy, its agents and employees from any and all claims, damages and liability of any kind whatsoever relative to, arising from or out of the use of said land. The liability limits of such policy shall be in the form approved by the Corporation Counsel of the City of Troy but in no event less than $100,000 for each person, $300,000 for each accident for personal injuries, and $5,000 for each accident for property damage. A certificate of said insurance coverage shall be submitted to the Commissioner of Parks and Recreation prior to the issuance of a permit, and said certificate shall include the City of Troy as an additional named insured.
F. 
The City of Troy, through its agents and employees, shall have the right to enter in and upon the land described in any permit at all reasonable hours during the term of this permit.
G. 
The holder of a permit, his/her agents, servants or employees, and all those using the land with his/her consent, shall at all times cooperate fully with the Commissioner of Parks and Recreation, any law enforcement officer or agency, and comply with any directives of same.
H. 
At the expiration of the permit period, the holder of a permit shall surrender and deliver up said land described therein to the City of Troy in as good condition as it was when the permit was issued, reasonable wear and tear excepted, and all debris from the surface of said land must be removed.
I. 
The holder of a permit shall be responsible and liable for any waste, damage or other misuse done to the land described in the permit.
A. 
Any person who shall violate or who shall neglect or refuse to comply with this article or any of the provisions thereof shall be guilty of an offense and upon conviction thereof shall be punishable by a fine of not more than $250 or imprisonment not exceeding 15 days or by both such fine and imprisonment, and each day of violation shall constitute a separate offense and be subject to punishment as such.
B. 
Said penalty shall be in addition to any civil liability or sanctions that may attach as a result of the violation of this article or any other local or state law, rule, regulation or ordinance that may apply.
PERMIT PURSUANT TO LOCAL LAW NO. 2 OF
THE LAWS OF 1982.
  Permission is hereby granted for the use and occupancy for community garden activity for a period of one year commencing on
.
  To:
, a
,
with offices (or residence) at:
to use and occupy a portion of vacant City land described as follows:
  Said use and occupancy shall be solely for the purposes of community garden activity as described in Local Law No. 2 of the laws of 1982 and subject to all of terms, conditions and provisions of said local law.
ACCEPTANCE:
  In consideration of the granting of the within permit, the undersigned hereby accepts the same, subject to all of the conditions and regulations herein prescribed.
Dated this
day of
, 200____.
By
APPROVED: THE CITY OF TROY, NEW YORK
By
CORPORATE SEAL
Commissioner of Parks and Recreation