§ 96. Municipal community garden activities. 1. A municipality is
authorized to hold land, however acquired, either in fee or of a lesser
interest, or by lease, contract or agreement with the owners and to
allow same to be used for community gardening under the terms and
conditions established in article thirty-eight of the executive law, as
applicable, for such period of time and under such further conditions as
may be authorized by local law. Such use of land is a valid exercise of
municipal powers. A municipality may encourage individuals, community
organizations and groups to use vacant lands and municipal facilities
for such period of time and under such conditions as the municipality
may determine for use in community garden programs, including but not
limited to, a condition that users possess liability insurance and
accept liability for injury or damage resulting from use of the vacant
public land for community gardening purposes. A fee related to
preparation of assigned lots may be charged participants.

2. A municipality may establish a program in conjunction with the
cooperative extension or county extension association for ready
identification of accessible land resources in the municipality
available for such programs. Any community garden program should to the
fullest extent practicable be community in scope in order that all
interested families and individuals, who reside in the area, be afforded
an equal opportunity to use available plots subject to reasonable
continuing tenure.

3. A municipal corporation may assist the development of a community
garden by contributing, or providing at cost, from resources under the
control of the municipality, upon agreement with the user of such land
as approved pursuant to the local finance law: initial site preparation,
including top soil and grading; water systems; perimeter fencing;
storage bins or sheds, and other necessary appurtenances or equipment.

4. At the discretion of the municipality, fertilizer including
municipally produced compost, seeds, or tools may be procured in
quantity and made available at cost to community groups involved in
garden projects. A tool lending facility may be established by the
municipality so that gardening tools are available on an equitable
rotating basis to all members of the community. Such assistance shall be
a valid municipal purpose.

5. For the purposes of carrying out the provisions of this section, a
community gardening program may be deemed part of a youth or senior
citizen program.