This bill would establish timeframes in which a license to operate a community garden could be revoked by the Parks Department (DPR) and would restrict the ability of DPR to transfer a garden to another City agency.
Int. No. 1060
By Council Member Espinal
A Local Law to amend the administrative code of the city of New York, in relation to licenses for community gardens
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 18 of the administrative code of the city of New York is amended by adding a new section 18-157 to read as follows:
§ 18-157 Community garden licenses. a. For the purposes of this section:
Community garden. The term “community garden” means any garden that is registered and licensed by the department.
Gardening group. The term “gardening group” means an organized group of individuals who are licensed by the department to maintain a community garden.
b. If a gardening group defaults on a material term of a license for a community garden, such license may be revoked, pursuant to rules promulgated by the commissioner, only after a notice of such default has been issued to such gardening group and (i) 270 days have elapsed after such issuance or (ii) 30 days have elapsed after such issuance, if such default constitutes a public nuisance or poses a threat to the health or safety of the public.
c. If a license is issued to a gardening group to maintain a community garden, jurisdiction over such garden may not be transferred to an agency other than the department unless at least one year has elapsed from (i) if such license remains in effect, the date that notice of such proposed transfer was provided to such group or (ii) if such license was revoked and a new license has not been issued to maintain such garden, the date that such license was revoked.
§ 2. This local law takes effect 180 days after it becomes law, except that the commissioner may promulgate rules or take other actions for the implementation of this local law prior to such effective date.