This document sets out the Rules that govern Long Beach Organic, Inc.’s Community Gardens (the “Garden.”) These Rules are intended to help all of our gardeners grow fresh, healthy food in a thriving garden, to help create a sense of community among our gardeners, and to help the Garden be a good neighbor. Long Beach Organic, Inc. (the “Sponsor”) is a nonprofit organization that leases the land for the Garden, sponsors the Garden, and administers these Rules. Every person who has a plot in the Garden (called “Gardeners”) must sign a Gardener’s Agreement with Sponsor, in which the Gardener agrees to comply with these Rules (the “Agreement”).
Garden Use, Waiver of Liability, Release and Indemnification Agreement - Separate form all gardeners must sign.
COMMUNITY GARDEN RULES
A. ACCESS TO THE GARDEN
Season:
The Garden is open and accessible all year. The Garden has two seasons—the Spring/Summer season from March through August, and Fall/Winter from September through February.
Hours:
Gardeners may be in the Garden between dawn and dusk.
Locks and Security:
Sponsor will give each Gardener the combination to open the gate lock. Gardeners may not share the combination with anyone. Gardeners are responsible for locking the gate upon entering and leaving the Garden. Gardeners will follow any additional security guidelines that may be announced by Sponsor.
B. GARDEN PLOTS
Use of Own Plot:
Gardeners may use only the plots assigned to them by Sponsor. Gardeners will maintain their plants within their plots and will trim any plants that extend into neighboring plots or common areas as soon as reasonably possible. Gardeners may not alter the dimensions of their plot, nor remove the original soil from their plot.
Appearance:
The Garden should be attractive, inviting, and well-maintained by all Gardeners. All objects in a Gardener’s plot, whether practical or decorative, should serve the purpose of plant propagation and growth. Items that are stored, such as idle trellises or bags of soil amendment, should be organized in a neat, presentable way.
Plantings:
Gardeners may plant edible or decorative plants, including vegetables, fruits, herbs and flowers. Gardeners may not plant any trees in the ground, though small trees in pots are permitted. No planting in common areas without express permission from the Sponsor.
Structures:
Gardeners may not erect structures that are over six feet, or which impede the security of the garden or adjacent gardeners’ access to sunlight at mid-day. Trellises and fencing must be sturdy and self-supporting. Fences around the outside of the plot must be transparent. If gardeners erect structures, trellises, and/or fencing which violate this Rule, Sponsor shall be entitled to remove such structures, trellises, and/or fencing after reasonable notice to Gardener of its intention to do so.
Supplies:
Gardeners are solely responsible for the planning and management of their own plots, including providing their own seeds, plants, fertilizer, and any tools not provided by Sponsor or Gardeners collectively.
Plot Maintenance:
Gardeners will plant plots within 30 days of execution of the Agreement, and promptly harvest crops that are ready. Gardeners will maintain their plots and adjacent paths in a clean and neat fashion, promptly removing any weeds, overgrowth, or other waste from their plots. Violations of this Rule may result in termination of the Agreement and forfeiture of Gardener’s plot.
Trash:
The Sponsor does not supply refuse service. Gardeners are responsible for hauling and disposing of their own trash, such as nightshade plants (as identified below), boxes, trays, bags, packets, and similar items, for disposal off the garden site.
Organic Methods:
Gardeners will garden organically. Gardeners will not use any fertilizers, pesticides, herbicides, or repellents, unless labeled “organic.” Use of compost, manure, and organic mulch is always acceptable.
Nightshade Plants:
Tomatoes, Eggplant, Peppers, and Potatoes are all nightshade plants and carry pathogens which negatively affect tomatoes. To mitigate the spread of disease, we have two rules regarding this family of plants:
• All nightshade plants must be removed from garden plots by Dec. 1, and shall not be planted again until March 1.
• Nightshade plants don’t go in the compost under any circumstances. They are considered trash and Gardeners must remove them from the garden for disposal elsewhere.
Water:
Each Gardener is responsible for watering his or her own plot using the hoses provided by Sponsor. Gardeners will not overwater their plants or leave a hose or drip system unattended. Water conservation is appreciated; as excessive water usage may increase plot rental fees. Gardeners are advised that the State of California often faces water shortages, so Gardeners must consume water only as needed.
Gardeners are forbidden from watering the common areas or other gardeners’ plots unless they have been specifically asked to do so. Orchards, herb gardens, etc. will have volunteers assigned to water them.
Tools:
Gardeners may bring their own tools into the Garden to use in their plots, but they cannot store any tools outside their plot boundaries. Gardeners are responsible for any damage caused by tools they bring into the Garden and so should use them with care. Gardeners may not use any power tools, such as those that require gasoline or electricity, without express, written permission from Sponsor. Battery-operated tools are permitted.
Common Tools:
Sponsor or Gardeners collectively will provide a set of tools in a storage shed in the Garden for use by all Gardeners (the “Common Tools”). Gardeners will return the Common Tools to the storage shed as soon as they are finished using them. Tools are not to be removed from a garden. If a Common Tool appears dangerous or in disrepair, Gardener will not use the Common Tool and inform Sponsor or Garden Manager immediately. Gardeners acknowledge that use of a Common Tool which appears dangerous or in disrepair is at their own risk, and Sponsor shall not be liable for any such use.
Compost:
Gardeners will place any organic waste such as weeds, dead plants, or rotten produce in the designated compost pile or bin. Thick stalks must be cut into pieces 6” or less.
Absence:
Gardeners may not abandon their plots. Abandonment means failing to maintain a plot for 30 days. If a Gardener expects to be away from their Garden for more than 2 weeks, he or she must inform the Sponsor. The Gardener is required to make arrangements for maintenance of their plot during their absence. Failure to maintain a plot will result in a correction notice. If corrective action is not completed within the time designated in the notice, termination of the Agreement will result without further notice.
C. COMMON AREAS AND RESPONSIBILITIES
Community Service Hours:
Gardeners are required to complete ten hours of community service hours per 6-month season. Community service hours may be completed during scheduled monthly garden work parties, or by special arrangement with the Garden Director or Board of Directors. In order to renew their plot for a new season, Gardeners must complete their community service hours by the fourth Saturday of the last month of the previous season.
Garden Work Days:
Garden work parties are held on a designated Saturday during the month for each garden location, during which Gardeners work on common areas of the Garden. Additional work days may be held as determined by the Garden Director based on garden needs.
Special Projects:
Individual or group construction projects which are ongoing must not endanger the safety of the Garden. After each work session, tools must be put away and the area cleared of debris and possible hazards. Caution tape may be necessary to block off the project area, and Gardeners will ensure that caution tape is utilized to block off their own individual construction projects when needed.
Storage:
Common areas are not for individual storage or private furniture use. As a reminder from section all objects in a Gardener’s plot, should serve the purpose of plant propagation and growth. Items left in common areas will be assumed abandoned and will be donated or disposed of within one month. Please contact the Sponsor if you would like to donate an item for community use to have in common areas.
D. COMMUNICATION
Garden Management:
Long Beach Organic, Inc. Management consists of a Board of Directors (the Sponsor), a Garden Director, and various volunteers and/or assistants. The Board of Directors and Garden Director have complete authority to interpret the Rules and make decisions.
Communication:
All garden communications may be delivered verbally, by written communication, email, or posted in a common area or bulletin board. The Sponsor and Garden Director may designate a volunteer Garden Manager to be the official point of contact for any or all garden locations. Gardeners are responsible for notification of any change in their contact e-mail addresses or phone numbers.
Gardener Input:
Gardeners are encouraged to provide suggestions about Garden operations to the Volunteer Garden Managers, Garden Director, or Sponsor.
Gardener Orientation:
Prior to signing the Gardeners’ Agreement, new Gardeners must attend an orientation to become familiar with how the Garden functions and their responsibilities as a Gardener. If a Gardener does not attend the mandatory orientation, their plot may be forfeited.
Confidentiality:
Sponsor and other Gardeners will not use any personally identifiable information, including Gardener’s name, email address, telephone number, or street address, for purposes other than operation of the Garden, without written permission of the Gardener.
E. CONDUCT
General Conduct:
Gardeners are expected to be civil, honest, and cooperative in dealing with the Landowner, Sponsor, Garden neighbors, other Gardeners, and guests of other Gardeners.
Guests:
Gardeners may bring guests with them to the Garden. Children must be accompanied by a parent or legal guardian. Gardeners who wish to bring other people’s children with them must first have the parent or legal guardian fill out a visitor waiver. Gardeners will supervise any child under the age of sixteen. Gardeners will be responsible for the conduct of their guests, including making sure they do not damage or interfere with activities on other plots or otherwise engage in inappropriate or illegal conduct. Guest violations of these Rules are treated as violations by the Gardener.
Pets:
Gardeners may bring any licensed pets into the Garden, only if Gardeners keep them on a leash or other restraint for the entire time the pets are in the Garden. Gardeners are responsible for cleaning up after their pets and ensuring that their pets stay on their own plots and do not interfere with activities or damage plants on other plots. Gardeners who do not comply with this requirement will no longer be allowed to bring their pet to the garden.
Animals may not be buried in the garden.
Respect Others’ Property:
Gardeners may not enter other plots; use another Gardener’s tools or supplies; or harvest another Gardener’s produce; without the current and explicit permission of the other Gardener.
Prohibited Plants:
Gardeners may not grow any plants considered illegal under state or federal law, or requiring special permits. Gardeners may not grow Cannabis (marijuana or hemp) or tobacco.
Compliance:
Gardeners must comply with all applicable local, state, and federal laws.
Firearms:
Gardeners may not carry, use, or store firearms in the Garden.
No Smoking:
Gardeners may not smoke or vape in the Garden.
No Alcohol/Drug Use:
Gardeners may not bring, consume, or use illegal drugs while on the Garden premises. Gardeners may not come into the Garden while under the influence of alcohol or illegal drugs. Alcohol may be permitted in some garden locations by special, written permission from Sponsor.
No Fires/Cooking:
Gardeners may not start or maintain a campfire, burn weeds, trash, or other waste in the Garden. Use of barbecue grills, earth ovens, or other cooking apparatus is permissible for garden-wide events. Gardeners may use common areas and barbecue grills/ovens for private events with express, written permission from the Garden Director and/or Sponsor.
No Loud Music:
Gardeners may not play music or the radio loud enough to be a nuisance to other Gardeners or to the Garden’s neighbors.
No Sales:
The Garden is for personal, noncommercial use only. No sales of any kind are allowed.
F. DISPUTES AND VIOLATIONS
Dispute Resolution:
Gardeners will raise with the Garden Director and/or the Board of Directors any disputes about the Garden or with fellow Gardeners. The Board of Directors will have the power to hear these disputes and will resolve them in the best interest of the Garden.
Correction Notice:
If a Gardener is in violation of these Rules, Sponsor will inform Gardener of the violation by email, phone, or written communication. Gardener will generally have two weeks to correct the violation, unless the Garden Director or Sponsor determines a shorter or longer period is warranted. If the violation is not corrected as determined by Sponsor in its discretion, Sponsor may terminate the Gardener’s Agreement. After termination, Gardener will have one week to harvest and clean up the plot. If Gardener fails to harvest and clean up the plot, he, she, or they may not be eligible for a plot in the future.
Termination without Notice:
In extreme cases, including, but not limited to, theft, vandalism, or abusive behavior, the Sponsor may, at its discretion, terminate immediately the Gardener’s Agreement and right to participate in the Garden. If that occurs, the Gardener must immediately leave the Garden and may not reenter without Sponsor’s permission. Any reentry without Sponsor’s permission will be considered a trespass.
No Limit on Sponsor Rights:
The process described in this Section does not (i) limit Sponsor’s ability to enforce its rights under these Rules; (ii) limit or qualify a Gardener’s obligation to comply with applicable law or the Rules; or (iii) limit Sponsor’s right to notify and/or involve government authorities as it may determine.
No Refund or Other Claims:
Gardeners under no circumstances will be entitled, directly or indirectly, to any refunds, any direct, incidental, consequential, punitive, or other damages, any other forms of compensation from the Sponsor or the owner of the Garden’s land, or to obtain an injunction, specific performance, or other equitable remedy, as consequence of termination from participation in the Garden.
G. OTHER PROVISIONS
Changes in the Rules:
Sponsor may amend these Rules in its discretion without advance notice.
Sponsor will notify and provide all Gardeners with a copy of the current Rules, will post a copy of the current Rules on Long Beach Organic, Inc. website, and at the Garden bulletin boards where available within 30 days of any amendment.
Master Lease:
The Gardener’s Agreements with individual Gardeners are subject to the Master Lease between the landlord who owns the Garden’s land and Sponsor. As a result, if the landlord terminates the Lease, the Garden will close, and the Gardener’s Agreement will terminate. At that time, the Gardeners will no longer have access to the Garden.
Garden Agreement Controls:
Nothing in these Rules limits, qualifies, or otherwise affects the Garden Agreements between the Sponsor and each Gardener. Should there be any ambiguity or conflict between a Gardener Agreement and these Rules, the Gardener Agreement will control.
Waiver:
Any waiver by Sponsor of these Rules must be in writing and signed by the Sponsor. Failure, neglect, or delay by Sponsor at any time to enforce the provision of these Rules will not be considered a waiver of the Sponsor’s rights under these Rules. Waiver of any breach or provision of these Rules or failure to enforce any breach or provision of these Rules will not be considered a waiver of any later breach or the right to enforce any provision of these Rules.
No Discrimination:
Sponsor will not discriminate on the basis of race, color, national origin, religion, sex, disability, age, medical condition, ancestry, marital status, citizenship, sexual orientation, gender identity, or status as a veteran.
Translations Not Binding:
Sponsor may provide Gardeners with a translation of these Rules and related summaries or other explanatory materials. Sponsor does so as a convenience. Should there be any ambiguity or conflict between the English and the translated versions of these documents, the English language versions will control. They, not the translations, are the official, legally binding documents.