Senate
File
2014
-
Introduced
SENATE
FILE
2014
BY
WHITING
A
BILL
FOR
An
Act
relating
to
county
and
city
regulation
of
vegetable
1
gardens.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
331.301,
Code
2020,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
18.
a.
Except
as
otherwise
provided
3
by
law,
a
county
shall
not
adopt
an
ordinance
or
other
4
regulation
specifically
regulating
vegetable
gardens
located
5
on
residential
property.
Except
as
provided
in
paragraph
6
“b”
,
a
county
ordinance
or
other
regulation
regulating
7
vegetable
gardens
located
on
residential
property
is
void
and
8
unenforceable.
9
b.
Paragraph
“a”
does
not
apply
to
the
adoption
or
10
enforcement
of
an
ordinance
or
other
regulation
of
a
general
11
nature
that
does
not
specifically
regulate
vegetable
gardens,
12
including
but
not
limited
to
ordinances
or
regulations
relating
13
to
water
use
during
drought
conditions,
fertilizer
use,
or
14
control
of
invasive
species.
15
c.
As
used
in
this
subsection,
“vegetable
garden”
means
a
16
plot
of
ground
where
herbs,
fruits,
flowers,
or
vegetables
are
17
cultivated
for
human
consumption.
18
Sec.
2.
Section
364.3,
Code
2020,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
13.
a.
Except
as
otherwise
provided
by
21
law,
a
city
shall
not
adopt
an
ordinance
or
other
regulation
22
specifically
regulating
vegetable
gardens
located
on
23
residential
property.
Except
as
provided
in
paragraph
“b”
,
a
24
city
ordinance
or
other
regulation
regulating
vegetable
gardens
25
located
on
residential
property
is
void
and
unenforceable.
26
b.
Paragraph
“a”
does
not
apply
to
the
adoption
or
27
enforcement
of
an
ordinance
or
other
regulation
of
a
general
28
nature
that
does
not
specifically
regulate
vegetable
gardens,
29
including
but
not
limited
to
ordinances
or
regulations
relating
30
to
water
use
during
drought
conditions,
fertilizer
use,
or
31
control
of
invasive
species.
32
c.
As
used
in
this
subsection,
“vegetable
garden”
means
a
33
plot
of
ground
where
herbs,
fruits,
flowers,
or
vegetables
are
34
cultivated
for
human
consumption.
35
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2014
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
county
and
city
regulation
of
vegetable
4
gardens.
Under
the
bill,
a
county
or
city
shall
not
adopt
an
5
ordinance
or
other
regulation
specifically
regulating
vegetable
6
gardens
located
on
residential
property.
Any
such
ordinance
7
or
regulation
is
void
and
unenforceable.
However,
a
county
8
or
city
may
adopt
and
enforce
an
ordinance
or
regulation
of
a
9
general
nature
that
does
not
specifically
regulate
vegetable
10
gardens,
such
as
an
ordinance
relating
to
water
use
during
11
drought
conditions,
fertilizer
use,
or
control
of
invasive
12
species.
The
bill
defines
“vegetable
garden”
as
a
plot
13
of
ground
where
herbs,
fruits,
flowers,
or
vegetables
are
14
cultivated
for
human
consumption.
15
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