Introduction The South Beach Victory Garden, (“SBVG”) land is owned by the City of Miami Beach and is under the care of the Parks and Recreation Department. It is run by the SBVG Garden Committee. Violation of the rules, terms, and conditions below is cause for exclusion from the garden and revocation of your assigned plot gardening privileges. 1. If you are in violation of any of the Rules, you will receive three Rule Violation Notices from the Garden Committee.
2. In each Rule Violation Notice you will be given a time period within which you can respond, correct or appeal the violation.
3. If, after three warnings, you have made no response, attempt at correction or compliance, you will receive a final notification that you have forfeited your gardening privileges and usage of your assigned plot.
4. You will be allowed to reapply for another garden plot after one year. Rules, Terms, and Conditions for Participation As A Gardener At SBVG If accepted as a gardener, I understand that gardening at SBVG is a privilege, not a right. I will use this community garden at the sole discretion of the SBVG Committee and agree to abide by the following rules, terms and conditions: 1. I agree to BE NICE. Being kind and courteous are the most important rules in the garden. I will strive to resolve any conflicts one-on-one in an open-minded manner and if I am unable to resolve the dispute, I will contact the SBVG Committee for assistance. 2. I agree to pay the annual per plot usage fee of ($25) by November 1st for the 2017/2018 South Florida growing season, defined as October 15th through May 31st. Seniors and gardeners on a fixed income may be eligible for an annual reduced per plot usage fee. Annual per plot usage fees are applicable to both new and returning gardeners. Unpaid fees after November 1st will result in reassignment of the plot. The annual per plot usage fee will be re-assessed at the start of each growing season to meet the garden maintenance requirements. There are no plot usage fee refunds. Each year on October 1st, the SBVG Committee will register returning and new gardeners based on plot availability on a first-come, first-serve basis. Annual applications are required for all gardeners with the accompanying annual plot usage fee. Plots are assigned for a 12 month period. Renewal is not automatic and is based on gardeners following the rules, terms and conditions of the prior growing season. Gardeners joining the garden for the first time will be assigned a half plot during the first 12 months. Keys are $100 and there is a $75 refund when a key is returned. Keys must be returned to the Garden Treasurer within 10 days of leaving the garden. 3. Within a month of having been assigned a plot, I will actively plant, tend, regularly harvest and maintain active planting of at least ⅔ of the plot for the entire South Florida growing season (the “⅔ rule”). In situations where I am unable to meet this timeline an email must be sent to the Garden Committee explaining the issue.If my assigned plot is left fallow or unused for any period of three weeks or longer, I understand that my plot is subject to being reassigned. 4. My plants will remain within the boundaries of my plot. I will not plant trees, , whose root systems will invade another plot or allow plants to shade a neighboring plot. I will keep my plot and surrounding pathways neat, clean, free of weeds, insect and/or pest infestations or disease. 5. My assigned plot, # (list below) measures approximately 4’ x 8’ x 12” tall. I will not expand my plot beyond these measurements. I agree to maintain and the condition of my plot including the purchase and construction of new materials including boards and soil. 6. Structures, trellises or vegetable cages may not be higher than 5 feet from the ground and must be placed in the north to south direction where they will not shade neighboring plots. Trellis rule goes into effect at the beginning of the 2018/2019 growing season. 7. I agree to have no more than two (2) plots per household during the 2017/2018 South Florida growing season. 8. I will lock the gate each time I leave and will not share the garden key with others. If the gate has been left unlocked, please notify the Committee immediately so that we are aware of this situation. 9. I will either contact the SBVG Committee for assistance or arrange for someone else to tend to my assigned plot if I am unable to due to illness, work commitments or traveling. 10. If I choose not to garden from June to September, I will cover and secure the plot with stakes no more than 2 feet apart around the perimeter using one of the two following options: (a) Solarization: I will cover the plot with clear plastic to kill weeds, seeds and disease. (b) I will cover the plot with porous material, such as landscape fabric also known as weed cover. 11. I will use only organic gardening methods. I will not use toxic or synthetic fertilizers, chemical pesticides, insecticides or herbicides in the garden. 12. I will take any plant waste, trash or recyclables to the trash pick-up area. 13. I will clean and return communal garden tools prior to re-securing them in the locked tool storage area. I will keep the tool storage area in a neat condition, and will notify the committee if any tools are broken or missing so repairs or replacements can be addressed. 14. I will not smoke in the garden since tobacco can spread diseases to plants. 15. I will not water, weed, cultivate, take food, plants or materials from other plots without express permission from that plot’s current assigned gardener; this includes plants in the common areas that are tended to by the plant’s owners. I will conserve water with the shared hose in my section by using the trigger-operated nozzle. I will drain the hose and wind it back up after each usage. I will notify the SBVG Committee of any hose or leak problems. 16. I will contribute a minimum of two volunteer hours each month to maintain the communal areas of the garden. I will attend at least 4 monthly workdays/meetings in a 12 month period. This participation is mandatory. If I am unable to attend monthly workdays, I will perform pre-approved work or cleanup on my own and notify the SBVG Committee via the website form. I understand that failure to contribute the required working hours or failure to attend 4 monthly workdays/meeting will result in forfeiture of my assigned plot. 17. I will only allow guests, visitors, and children under 18 years of age in the garden if I accompany them for the duration of their visit. They must follow all rules, terms, and conditions stated here. I will supervise any guests, visitors and children that I have invited to join me at all times when they are in the garden. I am solely responsible for the behavior of my guests, visitors and children. 18. I agree that only my pet is allowed in the garden and it must remain on a leash at all times and will not be allowed to enter any plot. 19. I will wear headphones if I wish to play music in the garden. 20. I will not bully, use abusive or profane language, discriminate against others for any reason including but not limited to: age, race, religion, national origin, gender, sex, sexual orientation, political affiliation or ability. I understand that a violation of this rule may result in the immediate revocation of my garden privileges without further warning. 21. I understand that I will forfeit my gardening privileges and be asked to leave the garden after receiving three rule violation notices from the SBVG Committee with which I have not complied. 22. In the unlikely event that it is necessary for the SBVG Committee to take legal action against me to enforce these rules, the prevailing party shall be entitled to reasonable attorney’s fees. If an injunction is required, I agree to waive any requirement that a bond be posted. Garden Governance and Role of the SBVG Committee Governance and Role of the SBVG Committee A Garden Committee (the “Committee”) consisting of five (5) Garden Members. Individuals who have been with the garden at least one year and who have sufficient gardening knowledge or expertise can volunteer to manage the garden and must be approved by the current Committee. If there are multiple candidates, an election or other form of polling via ballot or electronic response shall be conducted by the Committee at the beginning of each calendar year. The officers of the Garden Committee shall be five (5): a President, a Record Keeper, two (2) Volunteer Coordinators, and a Treasurer. The Garden Committee shall set and enforce garden rules, disseminate garden information to all Gardeners and maintain communication with the City of Miami Beach. Commitment I have read, understood and accept these rules, terms and conditions stated above for the participation in the South Beach Victory Garden.Garden Date: April 18, 2024 |