SUBCHAPTER 1 GENERAL PROVISIONS

§19-12-1 Purpose.

The purpose of this chapter is to establish rules and regulations for the Honolulu recreational community gardening program to promote public enjoyment and participation in the community garden program as an important recreational activity; to ensure that garden plots are maintained and used for only recreational use; to ensure maximum permissible use of the garden plots by appropriate distribution of users; to ensure proper, orderly, and equitable use of the garden plots and garden facilities through rules and regulations; and to promote the health, safety, and welfare of the users of the garden plots and garden facilities.

§19-12-2 Application.

This chapter shall apply to the operation and management of all community gardens under the control of the department of parks and recreation.

§19-12-3 Definitions.

As used in this chapter, the following words and terms shall have the following meaning unless the context clearly indicates otherwise:

• “Applicant” means a human being and shall not be deemed to include entities, such as corporations, partnerships, associations, or other legal or commercial entity.
• “Authorized representative” means any person authorized by the director of the botanical gardens to act on behalf of the department.
• “City” means the city and county of Honolulu.
• “Commercial activity” means an activity that promotes, creates, buys or sells any products or services. Commercial activities include, but are not limited to, advertising, fund-raising, buying or selling any product, including plants, seeds, vegetables, fruits, or trees. Commercial activities do not include activities conducted by a community garden organization raising funds for community garden purposes.
• “Common areas” means the shared areas of a community garden as defined by the department and maintained by the CGO existing outside of the individual garden plots used for meetings, location of storage shed(s), mulch drop spot, pathways, compost, bulletin board, and other similar purposes.
• “Community garden” or “garden” means one of the gardens within the Honolulu recreational community gardening program, made up of allotted garden plots and common areas.
• “Community garden council” or “garden council” means the advisory group composed of at least two representatives of each CGO, one of which shall be the CGO president which is formed for the purposes set forth in section 19-12-23.
• “Community gardens coordinator” or “CGC” means the designated representative of the department of parks and recreation who manages the Honolulu recreational community gardening program.
• “Community garden organization” or “CGO” means the membership of all the gardeners in any one garden organized to manage the activities of the garden.
• “Community garden organization officers” or “CGO officers” means those elected by the gardeners of the CGO to fill the offices of president, vice president, secretary, treasurer, and plot officer.
• “Department” means the department of parks and recreation, city and county of Honolulu.
• “Director” means the director of the botanical gardens, or duly authorized representative.
• “Garden bylaws” means bylaws adopted by the CGOs in accordance with these rules, pertaining to the management and operation of the individual CGOs, the maintenance and upkeep of the community gardens and the garden plots therein.
• “Gardener” means the applicant(s) who signed the plot permit application requesting a plot assignment to participate in the Honolulu recreational community gardening program, agreed to be responsible for upkeep and maintenance of the assigned garden plot, and is granted a plot permit.
• “Helper” means an individual who assists in maintaining an assigned plot in the event the gardener is temporarily unable to maintain the garden plot for a period not to exceed six months due to an excused absence or illness.
• “Plot” or “garden plot” means a portion of a community garden assigned to the gardener for recreational gardening purposes only.
• “Plot permit” means a plot permit application that has been accepted and approved by the department.
• “Recreational” means leisure activity done for personal enjoyment and not for commercial or revenue generating purposes.
• “ROH” means the revised ordinances of Honolulu 2021, as amended.
• “Service animals” means any animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by the service animal must be directly related to the handler’s disability.
• “Structure” means anything constructed, composed, or systematically organized from interrelated parts for the purposes of shelter, protection, enclosure, storage, ornamentation, support, privacy, or any other purpose.
• “Tree” means a woody perennial plant having one or more usually elongate main stem(s) generally with few or no branches on its lower part.
• “Trellis” means a two-dimensional open framework made of wood, wire and/or lattice used to support climbing plants
• “Urban forestry administrator” means the department employee who administers the overall development, management, operation, and maintenance activities of the department’s division of urban forestry.
• “Woody plant” means a plant that produces wood as its structural tissue, has a hard stem, and is made of cellulose and lignin.

§19-12-4 Indemnification and assumption of risk.

1. In accepting a plot permit, the assigned gardener assumes all risks of personal injury or wrongful death and of loss or damage to property by whomsoever owned, arising out of or in connection with gardener’s use of the plot under such permit; and agrees to indemnify, hold harmless and defend the city against any claim, cause of action, liability, loss, damage, cost or expense for bodily injury, wrongful death, or property damage, arising or resulting from gardener, its agents, employees, contractors or invitees use of the plot under such permit, as well as any breach of regulations or ordinances, except where such injury, death or property damage is cause by the willful act or gross negligence of the city.
2. The city shall not be responsible for any personal injury or loss or theft or damage to any personal property, including tools, supplies and materials, sustained by the gardener or gardener’s invitees caused by the gardener, its agents, employees, contractors, invitees, or third-parties.

§19-12-5 Waiver.

The director may, in the director’s discretion, waive any provision of this chapter, if the waiver is consistent with the purposes of this chapter and in the public interest. The director’s waiver shall be recorded in writing.

§19-12-6 Severability.

If any chapter, section, subsection, sentence, clause, phrase, or portion of these rules is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions thereof.

Subchapter 2 Plot Permit Application and Fees

§19-12-7 Plot permit.

No person shall use, occupy, or maintain a plot in a community garden without first obtaining an approved plot permit from the department and being assigned a plot by the plot officer.

§19-12-8 Plot permit application.

1. An applicant desiring a garden plot may submit no more than one plot permit application for each community garden to the department via email to community gardens@honolulu.gov or via hand-delivery or mailing a paper copy to the following mailing address:

ATTN: Community Garden Coordinator
50 N Vineyard Blvd
Honolulu, HI, 96817

After an applicant is awarded one plot permit, any of applicant’s outstanding plot permit applications shall be deemed null and void.

2. The plot permit application shall identify no more than two persons who will be equally responsible for maintenance of the assigned plot, and for providing a mailing address, and other contact information, including cellular phone numbers, email addresses and emergency contact information. If a second person is not listed on the plot permit application at the time of applying, a second person may be added to the plot permit application at a later time provided there is no waitlist or the second person is first on the waitlist.
3. The information on the plot permit application may be revised up to the point of plot assignment.
4. All applicants shall be 18 years of age or older.
5. The applicant may list the names of no more than two persons who may serve as helpers to maintain the plot during a temporary excused absence or illness of the gardener not to exceed six months.
6. All applicants and persons who are listed as helpers are required to sign the plot permit application. Only applicants and helpers who signed the plot permit application will be entitled to access and maintain the plot.
7. Plot permit applications shall be maintained by the CGC, who will coordinate in a timely manner with the plot officer to assign the plot once available.
8. The department may reject any plot permit application that is incomplete or contains false, fictitious, or fraudulent statements or representations.
9. The department may reject any application if applicant fails to pay required fees or if a payment made by check is returned unpaid.
10. Once a plot permit application is approved by the department, the plot permit application shall become the plot permit.
11. A plot permit shall automatically renew on an annual basis so long as permittee is in compliance with all laws, rules, and regulations of the federal, state and county governments applicable to the garden, the garden bylaws, and these rules, including section 19-12-25 requiring each gardener to provide the CGO with updated contact information on an annual basis.

§19-12-9 Plot assignment.

1. Plot assignments are limited and shall be assigned by the CGOs on a first-come, first-served basis. Each applicant. is allowed to choose from available plots.
2. The department may establish waitlists on a first-come, first-served basis for gardens that do not have available plots. If a plot permit application is for a plot in a garden that does not have any available plot, the applicant will be placed on a waitlist. Being placed on a waitlist does not guarantee an applicant a garden plot. Plots that are available to applicants on a waitlist shall be assigned on a first-come, first-served basis. The department may establish separate waitlists for the various categories of garden types (such as raised beds or half-sized plots).
3. The CGC and the department may on an annual basis contact the individuals on the waitlist to verify that they are interested in remaining on the waitlist. The applicant will be contacted using the contact information provided on the plot permit application. The applicant must respond by email or phone within fourteen days of contact to ensure they remain on the waitlist. If the department does not receive a response from the applicant within fourteen days of contact, the department shall remove the applicant’s name from the waitlist.
4. The applicant who is first on the waitlist will be offered the available plot; if rejected, the next applicant on the waitlist will be offered the plot.
5. Any applicant who rejects a plot assignment shall be moved to the bottom of the waitlist. Any applicant that is not responsive within fourteen days of the plot assignment without cause, shall be removed from the waitlist. Once removed from the waitlist, the applicant may reapply by submitting a new plot permit application.
6. The plot officer will provide a plot map showing the location and number for each plot that are open to the CGC. As applicants choose their plots their names will be entered on the plot map and their plot number entered on their plot permit application.
7. An individual gardener desiring to transfer to another plot will be treated as a new plot applicant and placed on the waitlist, unless there are no applicants on the waitlist at such time. Prior to transfer, the gardener will not be required to relinquish their existing plot unless the gardener chooses to. However, upon transfer to a new plot, the existing plot will be relinquished.
8. If a plot is assigned to two gardeners, in the event one gardener voluntary relinquishes their right to garden, or due to illness or death is no longer able to garden, the remaining gardener remains responsible to maintain the garden plot and cannot substitute the vacating gardener with a helper, applicant, or any other person.
9. An application for a plot permit may be denied or the department may direct the CGO to withhold the assignment of a plot if:
   1. The plot or garden is closed or will be closed because of damage or is subject to scheduled or ongoing construction, repair or maintenance activities;
   2. Issuance of a plot permit or the assignment of a plot will result in a violation of a city, state or federal rule, regulation or ordinance;
   3. A state of emergency is declared by the director or other proper authorities;
   4. Natural or civil disturbances including, but not limited to, tsunamis, floods, earthquakes, storms, riots, demonstrations or employee strikes, which may be occurring or threatening to occur; or
   5. The applicant has previously violated permit conditions or provisions of this chapter within a year of a plot permit application.

§19-12-10 Department fees.

1. The department shall charge an applicant assigned a plot a fee as established by ordinance effective at the time of application.
2. Department fees shall be established by the department by March 1 of each year.
3. Department fees must be paid in full to the CGC or authorized representative no later than July 1st of the current year.
4. All fees are non-refundable and cannot be waived.
5. For new gardeners, fees are due and payable upon plot assignment.
6. Fees are prorated during the year on a quarterly basis.
7. Gardeners will be notified of any changes to the fees through notices posted at each community garden and announced at the monthly garden meetings.
8. Acceptable forms of payment include check, money order or cashiers’ check payable to the city and county of Honolulu. Acceptable forms of electronic payments, such as credit and debit cards, may be used once this method becomes available by the department.
9. A $25.00 service change will be assessed for all returned checks.
10. Failure to pay any fee shall result in revocation of the plot assignment.

SUBCHAPTER 3 REGULATIONS GOVERNING THE GARDEN

§19-12-11. Gardener duties and responsibilities.

1. A plot permit is a revocable license granting permission to the gardener a right to use the assigned plot, subject to the ROH, these rules, and the garden bylaws, for recreational gardening purposes only and does not, and is not intended to, grant the gardener any real property or other interest in the plot or any other part of the garden, including but not limited to any fee or leasehold interest or perpetual ownership rights in the assigned plot.
2. A gardener shall not transfer, assign, sublet, or sell any or all rights granted by the plot permit or grant use of any portion of the plot to a third party, including family members, or relinquish possession or use of the whole or any part of the plot granted to the gardener pursuant to the plot permit, except in the event of excused absences or illness as approved by the department.
3. Any transfer, assignment, sale, sublet, grant or relinquishment of the plot permit shall automatically void the plot permit.
4. A plot permit does not, and is not intended to, grant any legal land rights or interests in the plot or any part of the garden to the gardener.
5. Each gardener and helper shall comply with all applicable laws, rules, and regulations of the federal, state and county governments, the garden bylaws, and any restrictions, if any, in any underlying land documents and encumbrances, including leases and licenses. Issuance of a plot permit is not a grant of any other approvals that may be required for gardener for use of the plot; nor does a plot permit exempt the gardener from any applicable laws, rules, ordinances and regulations of any federal, state, or county government.
6. Each gardener shall notify the CGO of any changes in their contact information, including updated phone numbers, mail and email addresses. The CGO will not be responsible for any failed communications between the CGO and a gardener due to a gardener’s failure to provide the CGO with the gardener’s change in contacting information.
7. Annually each gardener shall complete an updated contact form which requires the gardener to provide current email address, if any, and residence address, phone number and emergency contact information and submit the form to the CGO by July 1st.
8. A minimum of one gardener from each assigned plot shall represent their assigned plot at the required number of monthly CGO meetings each year. No other person, including helpers, may fulfill a gardener’s monthly CGO meeting attendance requirement. The attendance requirement for meetings shall be set forth in the CGO’s garden bylaws; provided, that gardeners shall not be required to attend more than two meetings every six months.
9. A minimum of one gardener from each assigned plot shall represent their assigned plot at the required number of CGO garden cleanups each year. No other person, including helpers, may fulfill a gardener’s CGO garden cleanup requirement. The attendance requirement for cleanups shall be set forth in the CGO’s garden bylaws; provided, that gardeners shall not be required to attend more than two cleanups every six months.
10. Gardeners may provide the CGO with an email address for receipt of garden communication.
11. A gardener who does not provide an email address on their application is required to provide a a mail container. The number of the plot shall be visible and clearly displayed on the mail container, unless the plot number is clearly displayed in another area of the plot. The mail container shall be accessible from the pathway and secured to the plot.
12. The CGO may vote into its bylaws the requirement for all garden plots to each contain a mail container in accordance with section 19-12-20(6).
13. Each gardener is responsible for routinely checking their plot mail container or email, and the bulletin board, and any other location designated by the CGO for the posting of information for updates and notices.
14. The plot and water will be provided by the city; however, each gardener is responsible for providing their own seeds, top soil, plants, approved fertilizer, tools and materials for the care of their plot.
15. Each gardener shall remove personal trash from the plot and dispose of all trash outside of the garden.
16. Gardeners may recycle organic material grown in their plots within their garden plots.
17. Each gardener shall comply with posted garden rules and bylaws and hours of operation of the community garden.
18. Each gardener shall routinely maintain their assigned plot and keep their plot and plot edges in the condition stated in accordance with this subchapter. If a gardener is sick or on vacation, the gardener shall notify the CGO president or plot officer in writing and/or email of the gardener’s absence and provide the name of the helper who will be maintaining the plot in the gardener’s absence for a period not to exceed six months.
19. If a plot remains unattended by the permit holder(s) for more than four weeks; or if a gardener fails to notify the CGO president of the gardener’s extended absence, the plot will be considered abandoned and the director shall initiate revocation of the plot.
20. Each gardener assigned a new plot shall initiate work, including weeding, amending the soil, cleaning or planting, in the new plot within fourteen days after the date of orientation provided by the plot officer. Any new gardener requiring additional time to initiate work in the new plot shall immediately contact the plot officer to request a reasonable extension.

§19-12-12. Planting rules.

1. No planting of trees and woody plants, including any type of fruit tree in the ground. Any tree or woody plant shall be planted in a pot with an impermeable barrier such as concrete block or bricks underneath the pot to ensure that tree roots do not penetrate the soil. Some woody plants may be planted in the ground such as cassava and ti plant. A list of pre-approved woody plants may be obtained from the CGC.
2. Any tree with roots growing into the soil shall be removed from the soil and at the discretion of the gardener, transplanted into a pot.
3. No planting of bamboo, banana or sugar cane.
4. Plants that require excessive watering such as wetland taro and lotus, are prohibited.
5. Planting of controlled substance plants is strictly prohibited.
6. All plants in a plot and plants and trees in pots shall not exceed five feet (one and a half meters) in height measured from ground level of the plot. The CGO may vote into its bylaws, in accordance with section 19-12-20(6), the allowance of temporary annual plants to exceed this height limit until harvest, such as sunflower, corn, amaranth and okra.
7. To prevent the spread of invasive plant species, gardeners shall comply with control measures, including identification, selection, cleaning, and removal, implemented by the department.
8. Use of mulch and other soil amendments, such as fertilizers, require the prior approval of the CGC. A list of pre-approved soil amendments may be obtained from the CGC. Use of rubber mulch is prohibited. Human waste or animal waste shall not be used as a fertilizer, except for worm castings.
9. The use of pesticides, fungicides, herbicides or salt is prohibited. Gardeners may use limited products in community gardens. A list of pre-approved products may be obtained from the CGC.
10. All plants must be contained within the permitted plot boundaries and not extend into pathways and other plots. Gardener is required to keep the pathways adjacent to their plot clear.

§19-12-13. Plot rules.

1. Each plot shall be open and visible from at least two sides at all times to facilitate inspection by the CGO Officers and CGC.
2. A plot shall not contain any type of structure, barrier or wall that would block or interfere with visible inspection of the plot. There is no expectation of privacy. Plot borders shall not be made with impermeable materials such as corrugated metal, cement and concrete. Plot borders shall not be more than one foot (thirty centimeters) in height (this excludes border fencing).
3. The CGO may vote into its bylaws the allowance of border fences in accordance with section 19-12-20(6). If allowed, border fences cannot exceed six feet (1.8 meters) in height as measured from the pathway. If the plot has a plot border, it is included in the measurement of the fence height.
4. Each plot shall be kept free of potential hazards such as bird spikes, barbed wire, uncovered rebar, and thorny plants near pathways, as determined by the department.
5. Trash shall not be allowed to accumulate in the plot.
6. Each plot shall not extend beyond its designated plot boundary as determined by the department.
7. Structures, including birdfeeders, bird baths, are not allowed in a plot, except for trellises, potting benches, planting containers, approved storage containers, as defined in section 19-12-13(k), and border fences, as permitted in section 19-12-13(c). Except for border fences as permitted in section 19-12-13(c), no structure may exceed five feet (one and a half meters) in height.
8. Use of carpet, artificial turf, cement, concrete, caulking, or any other permanent material is prohibited. Impermanent pavers and cinder blocks are allowed as long as they do not re-direct existing surface run-off patterns.
9. Sprinkler systems, alarms, lights, and motion sensors are not allowed in a plot.
10. Other than for temporary use in connection with gardening activity, office or home furniture, storage containers (except as otherwise permitted by these rules), styrofoam objects, cabinets, tables, chairs, mattresses, box springs, sinks, construction materials, or any other household good or furnishing are not allowed in a plot. Garden plots may contain up to two garden chairs and one collapsible umbrella that must be taken down at the end of each day.
11. A plot may contain a personal impermanent storage container for the purpose of storing personal tools and gardening supplies which individually shall not exceed five feet (one and a half meters) in height, subject to the approval of the CGC.
12. A trellis is allowed in a plot and cannot exceed five feet (one and a half meters) in height measured from ground level of the plot.
13. Water conservation practices shall be followed and xeriscape (water saving) concepts are encouraged.
14. Unattended watering is prohibited.
15. Water should be used only for irrigation of the garden plot and not for watering garden grass, car washing, bathing, dishwashing, and any other non-garden irrigation use.
16. Use of a timer for automatic watering of a plot is prohibited.
17. Standing water is not permitted in any plot.
18. The use of water elements or features is discouraged; however, any gardener electing to use a water element or feature shall incorporate an effective mosquito larvae control within the water element or feature. The CGO may vote into its bylaws the prohibition of water elements altogether in accordance with section 19-12-20(6).
19. Grading of the garden or garden plots that re-directs existing surface run-off patterns is not allowed.
20. Roofing shall not be allowed in the garden plot. Shade cloth can be used and shall remain at a height of six feet (1.8 meters) or lower.

§19-12-14. Garden rules.

1. No camping or using the garden or plot as a temporary or permanent dwelling place or sleeping place.
2. Commercial activity is prohibited in the garden. Individual plots and common areas shall not be used to generate revenue for commercial activity. Commercial activities do not include activities conducted by a community garden organization raising funds for community garden purposes.
3. No animals are allowed in the garden except for service animals.
4. Feeding of feral animals is not allowed where signs are posted.
5. Children shall always be supervised by an adult guardian.
6. All lock combinations or copies of keys to perimeter fences, garden shed, bulletin board, etc. shall be provided to the CGC.
7. Burning or any open fires is prohibited.
8. No smoking, consumption of alcoholic beverages, use of illegal drugs or gambling in the garden.

§19-12-15 Common area rules.

1. Common areas and all walkways shall be kept clean, neat, and unobstructed.
2. The common area boundaries are designated by the director upon recommendation from the CGC after consultation with the CGO.
3. Common areas shall not be used by any gardener to expand their assigned garden plot.
4. Common areas are not to be used for the personal use of any gardener.
5. No invasive plants shall be planted in the common area.
6. No poisonous or hazardous plants, such as cacti, shall be planted in a common area.
7. No trees or woody plants shall be planted in the common areas, other than the existing City trees.
8. All plantings in the common area shall be decided by vote of the garden membership in attendance at the CGO meeting and approved by the CGC.
9. Gardeners are prohibited from pruning, cutting, removing, or damaging any city trees that are in the common areas and maintained by city personnel.
10. The use of pesticides herbicides, and fungicides is prohibited; however, the city reserves the right to use certain chemicals in limited cases for specific pest problems.

§19-12-16 Storage shed rules.

1. Any storage shed located in a garden provided by the CGO shall be used only for the storage of equipment and tools, and not the personal storage of individual gardener’s tools and equipment.
2. All storage sheds require the prior approval of the director.
3. A gardener using a tool from the storage shed shall clean the tool before returning the tool to the shed.
4. Storage of gasoline, fertilizers, and/or other chemicals in the storage shed is strictly prohibited.
5. A copy of the key(s) or combination lock to the CGO storage shed shall be provided to the CGC.

§19-12-17 Closing of areas.

1. The director or an authorized representative may close a garden and plot and restrict public use of all or any portion thereof, for the protection, restoration, and preservation of areas and facilities, or the health, safety, and welfare of person or property.
2. The department may require return of a plot, by giving the gardener thirty days’ prior written notice, if the garden area is required for department use. However, in the event of a disaster declaration or an emergency, the department may require return of an assigned plot immediately, to be followed by written confirmation within seventy-two hours to the gardener.

SUBCHAPTER 4 COMMUNITY GARDEN ORGANIZATION

§19-12-18 Purpose.

The objectives and purposes of the CGO are as follows:

1. To support the aims and policies of the Honolulu recreational community gardening program so that knowledge, enjoyment and recreation concerning the growing of vegetables, fruit, herbs and flowers may be spread and deepened among the people of O’ahu.
2. To foster, encourage and carry-on instructions, demonstrations, lectures and other activities pertaining to horticulture.
3. To provide volunteer service to the garden and the gardeners.
4. To promote fellowship and neighborliness among the gardeners.
5. To aid in securing funds in any lawful way to support the garden’s activities and programs.

§19-12-19 Organization.

1. The officers of the CGO shall consist of a president, vice president, secretary, treasurer and plot officer. Each shall be a gardener of the garden and elected by majority vote of the garden membership in attendance at the CGO meeting to elect officers in accordance with the provisions of this section 19-12-19. Any vacancy shall be filled in like manner.
2. It shall be duty of the president to conduct meetings, set up meeting agenda, represent the CGO at garden council meetings, and appoint at least one other representative who shall attend garden council meetings. In the event of a vacancy of an officer position, the president may delegate the vacant officer’s duties amongst the existing officers until the vacant position is filled.
3. It shall be the duty of the vice president to stand in for the president when necessary. The vice president will also be responsible for posting current rules and garden bylaws, as well as notices for voting measures, on the garden bulletin board. The vice president will also be responsible for delegating monitoring duties.
4. It shall be the duty of the secretary to take minutes of the monthly meetings and forward a copy to the CGC; schedule monthly meetings as directed by the CGO; set up and keep up-to-date a bulletin board where the minutes, notices, etc., are to be posted.
5. It shall be the duty of the treasurer to collect funds, record funds, and disburse funds as approved by majority vote of gardeners present at a regular garden meeting.
6. It shall be the duty of the plot officer to maintain the community garden’s plot inventory. When a plot becomes available, the plot officer shall work with the CGC to assign the plot and provide an in-person orientation for the new gardener(s).
7. Officers shall be elected annually by majority vote by secret ballot at a designated election meeting for each calendar year. If no election meeting is scheduled by the CGO, the election meeting shall occur at the first monthly meeting of the year.
8. Nominations for officer positions may be made during an annual or special election meeting.
9. If there is only one candidate for an officer position, the candidate shall be automatically elected to the position without a vote.
10. For any officer position that fails to be filled during an annual or special election meeting, the current officer may continue to holdover until a replacement is found.
11. GO officers shall serve a term of office of one year and if re-elected may serve consecutive terms.
12. A CGO officer may voluntarily resign at any time by posting a notice on the bulletin board and notifying the CGO officers of the resignation. Any vacated officer position shall be filled at the next monthly meeting by a special election to serve the remainder of the resigning officer’s term.
13. Any CGO officer may be removed for cause by the CGC.

§19-12-20 Management duties.

1. The management duties of the CGO include:
   1. To ensure the garden area is a safe and enjoyable space for all gardeners and carry out a system of plot revocation and/or other enforcement activities with the assistance of the CGC to ensure that all gardeners follow the rules and regulations for the Honolulu recreational community gardening program and garden bylaws.
   2. To ensure that the garden area is maintained as required by the city and the CGO.
   3. To orient new gardeners to rules and procedures. The CGO may set up a buddy system for non-English speaking gardeners.
   4. The CGO may perform other duties or services such as cooperative buying, composting, social activities, etc.
   5. The CGO shall not take any action nor pass any rule or garden bylaw which contradicts these rules, the city ordinance or written department policy.
   6. The CGO shall pass or amend garden bylaws by a majority vote of gardeners present at a regular garden meeting following a thirty-day written notification posted on the bulletin board.
   7. The CGO shall hold monthly meetings at a time and place determined by the CGO to conduct the business of garden management. All official business shall be conducted at these meetings.
   8. The CGO shall ensure that a bulletin board is placed in a prominent place near the entrance to the garden or such other place as may be prominently viewed by the gardeners with the approval of the CGC. Information shall be posted identifying the garden, and giving the time, place, and date of monthly meetings. Notices of violation by plot number shall be posted on the bulletin board. The posting of any information relating to garden management on the bulletin board constitutes formal notification to all gardeners; every reasonable effort will be made to provide adequate interpretation for non-English speaking gardeners.
2. The CGO shall routinely monitor the garden plots at least quarterly for safety issues, water and irrigation leakage problems, and to ensure compliance with this chapter and the garden bylaws. The CGO will complete a monitoring checklist provided by the department, which will be returned to the CGC in a timely manner.
3. Only the president, vice president, secretary and treasurer are authorized to disburse funds from the CGO bank account.
4. The CGO may vote into its bylaws that two signatories are required on all checks and for any withdrawal from the CGO bank account in accordance with section 19-12-20(6).
5. The CGO officers are authorized to expend funds for garden purposes up to an agreed-upon amount as determined by vote by the CGO membership in accordance with the voting procedures required by these rules to pass or amend garden bylaws. Expenditure of CGO funds exceeding this amount require approval of CGO members by majority vote of gardeners present at a regular garden.
6. The CGO bank account shall not exceed the amount of $30.00 multiplied by the total number of plots. If the bank account reaches this amount, all fees for current garden members shall be suspended until the account is spent down below the capped amount. The CGO may request a waiver from the director if seeking to raise money above this amount for an approved purpose.

§19-12-21 Garden dues.

1. Gardeners may be charged annual dues by the CGO, in addition to the fees charged by the department pursuant to section 19-12-10 above. The dues charged by the CGO may not exceed twenty cents per square foot of the largest plot, and must be for purposes that benefit the entire garden, including garden education, gardening supplies, and garden administration.
2. In the event a gardener causes damage to department facilities, grounds or utilities, including irrigation lines, the gardener shall retain a licensed contractor approved by the department to repair the damage, immediate and to the satisfaction of the department. If restoration of damages is not satisfactory as determined by the director, the gardener shall be responsible for any costs incurred by the department.
3. All dues shall be paid in full to the CGO no later than July 1st of the current year.
4. For new gardeners, dues are due and payable upon plot assignment.
5. The CGO may vote into its bylaws the allowance of prorating garden dues in accordance with section 19-12-20(6).
6. The CGO may vote into its bylaws the collection of a deposit not to exceed $25.00 in accordance with section 19-12-20(6).
7. Gardeners will be notified of any changes to the dues through notices posted at each community garden and announced at the monthly garden meetings.
8. Acceptable forms of payment include check, cash, money order or cashiers’ check. Acceptable forms of electronic payments, such as credit and debit cards, may be used once this method becomes available.
9. A $25.00 service charge will be assessed for all returned checks.
10. Failure to pay any due may result in revocation of the plot permit.

§19-12-22 Meeting rules of practice.

1. All gardeners shall sign-in when attending a CGO meeting to receive credit to meet meeting requirements, if applicable. No other person, including helpers, may sign-in on a gardener’s behalf.
2. Each plot permit holder is assigned one vote.
3. A helper does not have voting privileges and cannot fulfill the meeting and workday requirements of the gardener.
4. Meetings shall be conducted in accordance with procedures established in these rules, as supplemented by the CGO garden bylaws. On all matters of procedure not addressed in these rules, the CGO may refer to Robert’s Rules of Order for guidance in developing- procedures for the conduct of CGO meetings.

SUBCHAPTER 5 COMMUNITY GARDEN COUNCIL

§19-12-23 Purpose.

The objectives and purposes of the garden council are as follows:

1. To disseminate information concerning business affecting all gardens.
2. To act as a liaison between the director and the CGOs.
3. To assist CGOs with obtaining educational materials and programs.
4. To coordinate fund-raising efforts, maintain a treasury which shall be used only for purposes benefiting the CGOs.
5. To assist the director in enforcing city rules and regulations within individual CGOs by notifying the CGC in the event a gardener is not complying with city rules and regulations and this chapter

§19-12-24 Organization and management.

The organization and management of the garden council shall be as follows:

1. Each CGO shall be an active participant in the garden council which is composed of at least two representatives of each CGO, one of which shall be the CGO president.
2. Representatives shall be appointed by the president of each CGO.
3. Garden council meetings shall be attended by at least two representatives of each CGO.
4. The garden council shall meet at most monthly or at least quarterly at a time and place to be determined by the CGC president.
5. The garden council shall elect from among the representatives, a president, vice president, secretary and treasurer whose duties shall be those normally assigned under Robert’s Rules of Order which shall serve as guidance for the conducting of garden council meetings.
6. The garden council officers shall serve a term of office of one year and, if re- elected, may serve consecutive terms.

SUBCHAPTER 6 ENFORCEMENT

§19-12-25 Notice of violation.

1. The director or designee may seek enforcement against any person violating this chapter or any condition of any plot permit or approval granted under this chapter by issuing two written notices of violation and revocation order pursuant to this section.
2. If the director determines that more than one person is liable for a violation, the director may issue one violation notice to all responsible persons or separate violation notices to each person responsible for the violation. Each person will be independently liable for the full extent of the violation and responsible for complying with the enforcement notice.
3. In addition to any other information or requirements deemed appropriate by the director, the notice of violation must include the following information:
   1. Date of the notice of violation;
   2. Name of the person noticed;
   3. The name of the community garden and the plot number;
   4. The specific ordinance, rule or condition that has been violated;
   5. A concise description of the violation;
   6. A statement of the actions that are necessary to correct the violation;
   7. A requirement that the violator correct the violation within fourteen days after receipt of the notice of violation; and
   8. A statement of the penalties that will be imposed if the violation is not corrected by the deadline for correction.
4. If a person fails to correct the violation within the specified deadline, a second notice of violation will be issued stating:
   1. A requirement that the violator correct the violation within fourteen days after receipt of the second notice of violation; and
   2. statement of the penalties that will be imposed if the violation is not corrected by the deadline for correction established pursuant to subdivision.
5. Any person requiring additional time to correct a violation shall immediately contact the CGC to request a reasonable extension to the correction date; any extension granted shall be at the discretion of the CGC.
6. A violation notice can be issued pursuant to this section by:
   1. Leaving the violation notice in the gardener’s plot mail container;
   2. Delivering the violation notice to the violator in person; or
   3. Sending the violation notice to the email address if provided by the violator;
7. All violations will be listed on the garden bulletin board by plot number.
8. If the violation is not corrected by the date specified in the second notice of violation, the director shall issue a revocation order that revokes the plot permit and may impose additional penalties for failure to correct a violation.
   1. In addition to any other information or requirements deemed appropriate by the director, the revocation order must include copies of the two notices of violation;
   2. The revocation order may require the person to do any or all of the following:
      1. Cease and desist from the violation;
      2. Correct the violation at the person’s own expense before the date specified in the revocation order; and
      3. Require the person to remove all personal items from the assigned plot within one week from the date of service of the revocation order.
9. The director shall serve the revocation order issued pursuant to this section by:
   1. Certified mail, return receipt requested, addressed to the last known address of the violator identified in plot permit application or most recent contact form provided by the violator or by delivering the revocation order to the violator in person.
   2. When one or more violators identified in the revocation order have the same mailing address or place of residence, the delivery of one copy of the revocation order to that place shall be effective service upon all violators named in the revocation order.
10. All plot permit revocations will be listed on the garden bulletin board by plot number.

§19-12-26 Revocation.

1. A plot permit may be revoked by the director or CGC after issuance of two violation notices or immediately revoked pursuant to subsection (b).
2. A plot permit shall be immediately revoked by the department if the gardener is found to have committed the following, but not limited to:
   1. Offenses on garden premises to another gardener, person, or employee of the garden, including the following:
      1. Physical, verbal, or sexual harassment;
      2. Threatening behavior;
      3. Property destruction;
      4. Public indecency;
      5. Illegal drug use or intoxication;
      6. Stealing; or
      7. Failure to abide by all applicable city, state and federal laws;
   2. Six written notices of violation for the same violation within four consecutive quarters, even if corrected;
3. If a plot permit is revoked and an appeal filed is denied, the gardener shall be ineligible to apply for a plot permit for a minimum of one calendar year following revocation and be subject to other penalties as set forth in this chapter.
4. The plot that is assigned to the revoked permit shall not be reassigned until the earlier of:
   1. The issuance of a decision by the urban forestry administration pursuant to section 19-12-27; or
   2. The gardener fails to submit a request for review of the revocation order within fourteen calendar days after mailing or delivery of the revocation order.

§19-12-27 Appeal.

1. The provisions of the revocation order issued by the director under this chapter shall become final fourteen days after the date of mailing or delivery of the order.
2. Any gardener aggrieved by a decision of the director to revoke their plot permit shall be entitled to have the decision reviewed by the urban forestry administrator, provided that the request for review is submitted to the urban forestry administrator within five calendar days after notification of the decision made by the director.
3. If the urban forestry administrator finds that the director’s action was based on an erroneous finding of a material fact or that the director acted in an arbitrary or capricious manner or had manifestly abused the director’s discretion, the urban forestry administrator shall reverse the decision of the director; otherwise, the urban forestry administrator shall affirm the decision of the director.