(a)

(1)

(A) It is the intent of this chapter to create authority for local governments to promote healthy eating and active living in their community by encouraging and supporting community gardens. In furtherance of this intent, local governments are authorized to establish community gardening programs.

(B) Any local government may allow and encourage the use of vacant public land for community gardening under terms and conditions established by ordinance in the case of municipalities and metropolitan governments and resolution in the case of counties. These local regulations may include, in addition to other requirements:

(i) A requirement for a permit for which a reasonable permit fee may be charged;

(ii) A requirement that the permittee provide security in the form of a refundable deposit or otherwise for proper clean-up of the community garden after harvest is completed;

(iii) A requirement that the permittee possess liability insurance and accept liability for any injury or damage resulting from use of vacant public land for community gardening; and

(iv) A requirement that the permittee indemnify and save harmless the local government and its officers, agents and employees against suits and claims of liability arising out of, or in consequence of, the use of vacant public land.

(2) Any local government may establish a program, with the cooperation and assistance of the county agricultural extension agent, for the ready identification of vacant public land available for community gardening.

(3) Any local government may assist in the development of community gardens on vacant public land or on private property by expending funds and providing use of materials and equipment for these purposes, and these expenditures and uses shall be considered a valid public purpose.

(4) Any owner of private land, including, but not limited to, individuals, corporations, partnerships, sole proprietorships, homeowner associations, condominium associations and other private property owners may make available to the local government parcels of land for community gardening under terms and conditions agreed upon between the local government and the owner.

(b) If there is a shortage of parcels or space for community gardening, first priority in the allotment of public land should be given to grand-mentoring and second priority in the allotment of public land should be given to persons sixty (60) years of age or older and persons whose gross annual income is equal to or less than the poverty guidelines published annually in the Federal Register by the United States department of health and human services under the authority of 42 U.S.C. § 9909(2).

(c) Community gardens located on private property and operated without the intervention of a local government are not subject to the permitting, security, insurance and indemnification requirements authorized in subdivision (a)(1)(B), but these and other provisions may be agreed upon by the parties. Community gardens located on private property shall comply with applicable state and local regulations relative to nuisances, property maintenance and the health, safety and welfare of the public.