Rules & Bylaws
National Park Service Guidelines and Permit
RULES AND REGULATIONS
CLEVELAND PARK COMMUNITY GARDEN ASSOCIATION
March 2023
1. Membership
1.1. Garden plots are assigned to each Membership on a first-come, first-served basis, as are a limited number of too-shady-for-vegetable-growing flower plots. Garden plots are limited to one plot (per household) at one National Park Service (NPS) or DC Department of Parks and Recreation community garden. Plots are assigned without regard to race, creed, color, sex, religion, age, disability or national origin. A waiting list is maintained.
1.2. Renewal of plot assignments will be made upon submission of appropriate renewal form and payment of dues. Failure to comply with stated renewal procedures will result in forfeiture of garden plot.
1.3. Each plot shall be worked by the member(s) to whom it is assigned. Plots are not transferable. In the case of plots shared by two members, the Board shall send notices and communications to the person designated on the original Membership Application form.
1.4. Member(s) are responsible for maintaining their assigned plot at all times. If the member(s) is unavailable to tend the plot (for example: due to an illness or a family situation), the member(s) can have temporary gardeners for periods when the member(s) is unavailable for longer than a month, but not longer than the end of the calendar year. The member(s) needs to inform the President of any temporary gardeners. Board approval must be obtained for use of temporary gardeners beyond the initial calendar year. Failure to obtain Board approval is grounds for plot assignment revocation.
1.5. Members may upgrade their plot to a more desirable plot by placing their name on a waiting list with the Secretary. A new plot will be assigned when available. Members may upgrade their plot to a more desirable plot by placing their name on a waiting list with the Secretary. A new plot will be assigned when available.
1.6. Children of gardeners and of volunteers are welcome in the garden but they must be carefully supervised by the gardener/volunteer while there. Tools, hoses, wheelbarrows, tool sheds, and other garden equipment must not be used for playing by children nor may they enter or pick flowers or vegetables from garden plots assigned to anyone other than the member gardener/volunteer who is supervising them. Failure to supervise appropriately one’s children while they are in the garden may result in the loss of the member’s garden plot or the volunteer’s volunteer status.
1.7. All members must abide by all garden rules and regulations, garden bylaws, National Park Service rules, and DC laws. Failure to follow any of these rules and laws may result in the loss of the member’s garden plot, determined on a case-by-case basis, by the Board.
1.8. All members are expected to volunteer at least four hours per year to keep their garden plot-- by maintaining, cleaning, or repairing sheds, fences, or tools; and upkeeping or improving common areas. Common areas can include, but are not limited to fences, water system components, areas around the garden border, garden aisles, and tool sheds.
1.9. All gardeners must annually sign, verifying they have read, understand and accept, waiver of liability and of the Cleveland Park Community Garden Rules and Regulations. If there are multiple people gardening in one plot, all must sign and verify.
1.10. Fires and the burning of any material is prohibited in garden areas by the National Park Service. Neither Garden members nor visitors may use grills for cooking in the garden. Grills may be used for cooking only at events planned by the Board of the Cleveland Park Community Garden when NPS permission has been given for grill use.
1.11. Safety: Members shall not engage in practices in the garden that endanger themselves or other gardeners. District of Columbia and National Park Service rules regarding Covid-19 shall be followed. The Garden has a safety plan posted on the garden bulletin that should be consulted if an accident occurs.
2. Volunteer Gardeners
2.1. Member gardeners and volunteer gardeners may be matched in two ways: A volunteer may accept the invitation of a member gardener to become a volunteer in their plot (2.2) or one may apply to be listed as a volunteer gardener in the Cleveland Park Community Gardens (2.3) in the hopes of a match.
2.2. Request from a member gardener that a member of the public be identified as a volunteer gardener to assist in their plot.
2.2.1. A member gardener may ask someone they wish to assist them with their plot to do so.
2.2.2. The member gardener will inform the Secretary of the name of the individual who agrees to volunteer in their plot, the contact information of the volunteer gardener, the duties that they have agreed to perform, and the duration of their agreement to perform these duties.
2.3. Application to become a volunteer.
2.3.1. Members of the public may apply to become Volunteer gardeners by emailing MHgardenDC@gmail.com and expressing their desire to become a volunteer gardener.
2.3.2. Such volunteers will be interviewed in person or by telephone by a designated member of the Board to determine their interest in garden and the abilities they can bring to the garden.
2.3.3. Member gardeners are encouraged to ask individuals who have been accepted as volunteer gardeners by the Cleveland Park Community Garden to assist them with specific tasks in their plot (e.g., weeding, watering, planting, harvesting, full care of the garden during periods when they are not present or physically unable to care for the garden). Volunteer gardeners may perform only those tasks requested of them by member gardeners. When a member gardener asks the volunteer to cease work in their garden, the volunteer will do so.
2.4. In the event volunteer gardeners are engaged, the member gardener(s) are responsible for: informing the volunteer gardener(s) of the garden’s rules and regulations; passing on all communications concerning the garden plot or the garden in general; and also, informing the Board of the actions or inactions of the temporary gardener. The member gardener is responsible for the actions of the volunteer gardener. The Board will consider violations of garden rules and regulations committed by the volunteer gardener as though they were violations committed by the gardener.
2.5. While member gardeners may themselves volunteer to assist fellow gardeners, we ask that they only do so on a temporary basis and only for no more than two member gardeners. It is the intent of the Board to encourage people who have signed up to be volunteer gardeners to have as many opportunities to garden as possible.
2.6. The Board strongly discourages member gardeners from accepting offers of assistance from people who wander into the garden.
3. Plot Usage
3.1. The Garden is part of NPS land and may be accessed only during daylight hours.
3.2. By May 1st, member(s) must show significant, easily identifiable signs of maintenance of their garden plot, (for example, turning over the soil or having new plantings). If not, plot assignment will be revoked, an action the gardener may appeal in writing to the President within 10 days of the issuance of the notice of revocation.
3.3. Gardeners are expected to use at least 75% of their plot for growing vegetables and flowers. Therefore, no more than 25% of a plot may be used for walkways or other non-cultivation purposes.
3.4. Under-planting is a violation of the rules and will result in a notice. Gardeners should maintain a density of planting appropriate to the growing season.
3.5. No garden plot shall be used for growing produce for commercial purposes.
3.6. Member(s) shall harvest crops, or arrange for others to harvest crops, on a timely basis. Failure to harvest – this is the primary purpose of the garden – is a violation of the rules and will result in a notice.
3.7. Gardeners must use organic gardening methods. These methods include making soil improvements by adding compost, purchasing seeds and plants that are healthy and disease resistant, undertaking companion planting for insect control, utilizing cover crops, and using mulch for weed control.
3.8. The use of pesticides, herbicides, insecticides, or rodenticides is prohibited. Their use will result in immediate revocation of the plot permit.
3.9. Planting Rules on Plots:
3.9.1. No planting shall intrude or shade into adjoining gardens or pathways.
3.9.2. No woody stem plants, trees, or shrubs (including roses) are to be planted in or adjacent to the garden area without written approval from the Board.
3.9.3. Flowering annuals are permitted; however, no more than 10% of a garden plot may be devoted to the growing of flowers. Planting of native flowers is strongly encouraged for the purpose of attracting pollinators and other beneficial insects. A list of native flowers can be found on the website.
3.9.4. No plants that reputable research has found to be poisonous when eaten or to cause blistering rashes or other significant injury upon contact with the plant shall be grown in the garden.
3.9.5. No plot may have more than 50% of its area planted to a single crop, as monoculture is not a good organic gardening practice.
4. Composting and Plot Maintenance
4.1. Composting: All Member(s) are responsible for the proper disposal of their garden waste which may be composted on the plot in a composter or dug in or taken offsite. Garden waste may not be discarded in the common spaces within the garden area, or on the adjacent NPS land. Waste shall not be thrown over the perimeter fence into the ravine, deposited in any adjacent NPS lands, or placed in trash cans on NPS land. Trash receptacles or plastic garbage bags and other similar containers are not permitted in garden plots. Inappropriate disposal of waste may result in immediate revocation of the plot assignment.
4.1.1. Compost bins must be securely covered and enclosed on the top and each side and properly maintained. All compost bins must be regularly inspected to ensure that rats or other vermin may not enter them through holes, loose-fitting top lids, or clean-out covers. They must be securely repaired if such defects are found or promptly disposed of if secure repairs cannot be made.
4.1.2. It is the responsibility of the gardener to regularly check their composter for signs of vermin activity and, if noticed, take remedial action, and inform the Board.
4.1.3. Compost bins must be clearly labeled with the plot number on which they are located. Should the plot holder decide to dispose of the bin, doing so is her/his responsibility and not that of Cleveland Park Community Garden.
4.1.4. Trash cans or other bins that were not specifically designed for composting are not permitted.
4.1.5. Plastic bags shall not be used to store or compost plant material on the garden plots.
4.1.6. After January 1, 2022, no ground-contact compost bins that were not in the garden on December 31, 2021 shall be placed in the garden. After January 1, 2022, only elevated compost bins may be added to the garden.
4.1.7. Only plant matter originating in Cleveland Park Community Gardens may be composted in the garden and only by the gardener to whom the plot is assigned. Under no conditions may non gardeners add compostables to compost bins within the garden.
4.1.8. Compost bins are not to have weeds growing out of them or produce unpleasant odors. There is to be no overflow.
4.1.9. Existing Ground-contact compost bins may be used only if their bottoms have been securely covered with ¼” mesh galvanized steel wire and the compost bin sits on a bed of gravel that raise it at least three inches above the soil level.
4.1.10. Elevated or ground-contact compost bins must be located adjacent to one of the Cleveland Park Community Garden’s interior paths but may never be placed against the exterior garden fence. Compost bins must be wholly contained within the limits of the assigned garden plot (unless approved by the board).
4.1.11. Should the board determine that a composter in any manner encourages or supports the presence of rats or other vermin in the garden (whether the composter is or is not otherwise in compliance with these rules and regulations)the Board may, given the gravity of the current situation, with no advance notice to the gardener, direct the gardener to cease and desist from composting immediately and remove their compost bin from the garden within one week. Should a gardener fail to comply with such a decision by the board this will result in immediate revocation of the plot assignment.
4.2. Each garden plot must be cleared of dead plants, debris, and trellis supports, no later than December 15. Fall/Winter crops may remain but must be removed as the growing cycle ends. Cages, trellis or poles may be stored on the plot in a manner that does not attract or harbor vermin.
4.3. Cover crops, such as winter rye, peas, clover, vetch, are allowed and encouraged for soil improvement.
4.4. Member(s) shall keep their plot reasonably weed-free and neat in appearance at all times.
4.5. No wood pressured/treated with creosote or pentachlorophenol (penta) or chromate copper arsenic compound shall be introduced into the garden after April 15, 2010. Pressurized/treated wood that is in the garden prior to April 15, 2010, may remain.
4.6. Raised beds with borders of untreated wooden boards, or flexible metal are permitted. The use of bricks, logs, tree sections, timbers, and other heavy materials are prohibited.
4.7. No structure, including those used to support vine crops, may be more than eight feet tall.
5. Garden Supplies and Resources
5.1. The garden provides some tools which are located in the tool sheds. Tools borrowed from the tool sheds shall be used in a safe and proper manner and need to be cleaned and returned to the tool shed from which the tool was borrowed. Cleveland Park Community Garden tools should never be stored in a garden plot.
5.2. Tool sheds are available for the common use of all member(s) and should be kept neat and clean at all times. Tool sheds are to be closed and properly secured after use. Small member-owned tools may be placed in the sheds but, by placement in the sheds, become tools available for all Members of the garden to use.
5.3. When not in active use, water shall be turned off at faucet, hoses shall be neatly wound, and hoses shall not extend across or otherwise obstruct any garden pathway. Hoses may not be turned off with devices attached to the hose, such as hose nozzles, as this damage hoses and promote leaks.
6. Plot Sizing, Resizing and Maintenance of Paths
6.1. While the “standard” garden plot is 10’x20’, individual plots vary from this size for various reasons including: a) before the “standard-size” was implemented, some larger plots were assigned, and those legacy plots have been exempted from the standard size until the individual assigned the plot leaves or, when the Board decides appropriate, such areas of land shall be divided to form smaller plots and shall be assigned by the Board; b) the garden is irregular in shape so it is not always possible to create plots of “standard size," c) some plots are very unproductive because they are very shady and in some cases additional area has been added to them to compensate; d) some very small plots that have been deemed too shady to grow vegetables have been designated “flower plots” but are subject to reclassification if the shading is reduced; e) the board has decided to introduce some smaller than standard plots in order to accommodate gardeners who no longer wish to or are able to garden a standard-size plot and in order to permit more individuals on the garden’s long waiting list to have a plot (approximately 10% of plots currently are under standard size.)
6.2. When a plot turns over, and before a plot is assigned to a new gardener, the Board will determine whether it should be resized.
6.3. There shall be a clearly defined three-foot-wide pathway on all four sides of each double plot (where possible) – this is not possible for the AA row, for example, as plots abut the fence. Paths between A & B plots are optional, by mutual agreement between adjacent member(s). As the Board is trying to maximize garden land under cultivation, when one plot is vacated, we will contact the other gardener to determine if the path between the plots might be reincorporated into the plots.
6.4. Gardeners may not extend their plots beyond the borders assigned to them. Any creep beyond assigned borders must be promptly corrected. Consistent failure to garden within one’s assigned borders may result in revocation of one’s plot. Thus, when a gardener recognizes that her/his plot is beyond originally assigned borders and/or impedes wheelbarrow traffic in an aisle, they should speedily modify plot boundaries to correct the problem.
6.5. The Board will periodically review the width of paths to ensure that they are at least one yard wide. When plots are found to impinge on this minimum path width, gardeners will be instructed to bring their plot borders into compliance.
6.6. When any plot is found to exceed two hundred square feet in area, the Board in its discretion, may resize the plot such that it has two hundred square feet or less. The very few legacy “Double plots” are exempt from this practice unless the Board explicitly decides to include them.
7. Garden Maintenance - Common Areas
7.1. All pets are forbidden from entering the garden area.
7.2. Paths shall be maintained free of weeds, rocks and debris at all times and shall be mowed or kept well-covered with wood chips so that paths are safe and accessible for use by all Members. The NPS provides wood chips for the garden. If wood chips are not available, the member(s) is responsible for keeping the path weed free.
7.3. Each member(s) is personally responsible for maintenance of the entire width of the paths located on the east and south sides of an assigned plot. For the purpose of this rule, the south side of the garden is defined as the direction facing the ravine and the east side is the end of the garden facing the Sedgwick Gardens Apartments.
7.4. Those members in the C row are responsible for maintaining the area between their plot and the ravine. Where there is grass, the area needs to be mowed. Where there are flowers, the area should be kept weed free.
7.5. Those Members in the AA row with plots bordering on the Sedgwick Street perimeter fence are responsible for the space outside the fence, and between the fence and the sidewalk. This space shall be kept weed free with neat appearance and pedestrian safety in mind.
7.6. Members with plots bordering on any portion of the perimeter fence shall keep the fence adjacent to the member's plot entirely free of all climbing plants and vines. Nothing should be planted or allowed to grow on the fence, and no stakes or tools may lean on the fence.
7.7. Dumping of garden waste (whether leafy material like vines or weeds, or other material like stakes, cages, bricks or rocks) in common areas is prohibited. Dumping of waste may result in immediate revocation of the plot permit.
8. Membership Termination
8.1. Any member(s) failing to maintain the assigned plot or paths in accordance with the rules shall be notified in writing, with instructions to correct the problem(s) identified. Failure to correct the identified problem by the date specified in the notice may result in another discrepancy notice or revocation of the plot assignment.
8.2. The accumulation of three (3) discrepancy notices within one calendar year shall result in the revocation of the plot assignment. (Note that paragraphs 2.2, 2.8 and 5.8 constitute exceptions to this rule as immediate termination of a plot occurs if gardening does not begin by May 1, pesticide is used on the plot, or waste is dumped in common areas.)
8.3. A plot holder who wishes to terminate a plot assignment voluntarily shall notify the President or Vice President of the Association.
9. Termination Review and Appeal
9.1. Upon written notification of revocation of their plot assignment, a member(s) may file a petition for review by the Board. The petition must be received in writing within ten (10) days of the date of notice of revocation and must explain why the revocation is considered to be inappropriate. Failure to do so within the allotted appeal period leads to automatic forfeiture of any Association appeal rights.
9.2. Upon receipt of a timely petition for review, the Board will refrain from reassigning the plot in question. The Board shall evaluate all available facts, giving due consideration to the position of the petitioner, and render a timely decision.
9.3. Upon the granting of an appeal by the Board, a probationary period may be required of a member(s) as a condition of permit reinstatement. Terms of probation shall be at the discretion of the Board and may include fewer permissible notice violations (per Section 6) for the current and ensuing year. Violation of probationary terms set by the Board shall result in immediate permit revocation. Decisions of the Board are final. Dissatisfied member(s) may appeal to the NPS. A member(s) whose permit remains revoked after the exhaustion of appeals shall not be reconsidered for membership in the Association until after the close of the second ensuing calendar year.
End Notes
The Garden is NPS property; gardeners will be notified of any rule changes issued by NPS.
These Rules and Regulations were adopted at a meeting on November 17, 1984 and amended March 8, 1986; April 10, 1990; November 17, 1990; November 21, 1992; May 1, 2010; June 16, 2014; December 5, 2018; April 6, 2021; May 19, 2021; January 15, 2022; May 24, 2022; June 14, 2022; and March 14, 2023.
BY-LAWS
CLEVELAND PARK COMMUNITY GARDEN ASSOCIATION
November 17, 2018
ARTICLE I - NAME
1. The name of the Association is:
Cleveland Park Community Garden Association
ARTICLE II - OBJECT
1. The object of this Association is: To provide garden plots on Sedgwick Street bordering the Cleveland Park ravine (currently renamed Reservation 263) to members for the purpose of raising garden produce (as defined by the Board) for home use.
ARTICLE III - MEMBERS OF THE ASSOCIATION
1. Members shall be those persons to whom a garden plot has been assigned by the Board. A membership may consist of not more than two initially named individuals sharing one plot. Membership shall continue as long as the parties to a membership abide by the rules and pay dues.
2. Membership shall cease when it is terminated by the Board, or when the parties to a membership voluntarily relinquishes the assigned garden plot.
ARTICLE IV - MEETINGS OF MEMBERS
1. There shall be a fall meeting for election of the Board of the Association and consideration of other garden business.
2. There shall be a meeting in the spring for discussion of any business of the Association.
3. A Special Meeting may be called at any time at the discretion of the Board or at the written request of a minimum of 25 percent of the Members.
4. The Members shall be given fourteen (14) days written notice of the time and place of all meetings.
5. A quorum for Meetings of Members shall be one-quarter of the total Membership. Each plot shall have one vote, regardless of plot size. Members may vote at meetings of the Garden, by written proxy through other Association Members or by digital ballot through e-mail or like means.
ARTICLE V - ASSIGNMENT OF GARDEN PLOTS
1. Assignment of plots shall be determined annually by the Board after applications are submitted to the Secretary. Forms shall be available from the Secretary.
2. A standard plot shall be defined as an area of land approximately 10 x 20 feet. At present, there are a small number of double plots (20 x 20 feet) assigned; however, when these memberships cease or when the Board decides appropriate, such areas of land shall be divided to form two standard plots and shall be assigned by the Board.
ARTICLE VI – BOARD
1. The Board shall consist of seven members: President, Secretary, Vice President, Treasurer, Three Members-at-Large
2. The term shall be two years from the time of election at the Annual Meeting in the fall.
3. Election of officers and Members-at-Large shall be by ballot, with a majority of votes.
4. Meetings of the Board are generally held quarterly, however, meetings may be called by the President at any time to address urgent issues that may arise. Meetings shall be called by the President at the request of two (2) Members of the Board. A quorum shall be comprised of five (5) of the seven (7) members of the Board.
ARTICLE VII - DUTIES OF ELECTED OFFICERS
1. PRESIDENT: Duties shall be to:
(a) be responsible for carrying out the policies and operation of the Association;
(b) authorize payment, from the funds of the association, for expenditures the Board determines necessary for the administration, operation and maintenance of the Association;
(c) act as liaison officer between the Association and other agencies that have jurisdiction over the grounds:
(d) bring to the attention of the Members such matters of business as are in the interest of the Association;
(e) appoint committees and chair of each, as required;
(f) monitor the list of applicants and assigned garden plots; and
(g) preside at all meetings of the Board.
2. VICE-PRESIDENT: Duties shall be to:
(a) act on all matters and duties normally performed by the President, in the latter's absence, and assist the President as required; and if the President is unable to serve, the Vice President shall become President;
(b) report to the President any instances of unsatisfactory conditions or gardening practices of Members; and
(c) audit monthly the accounts of the Association. This duty may be reassigned from the Vice President to an at-large member of the Board by the President.
3. SECRETARY: Duties shall be to:
(a) record the Minutes of the Meetings of the Association and act as custodian of records;
(b) makes initial assignments of plots (from waiting list) and of plot upgrades (by maintaining a sunny plot list), maintain and publish a current listing of garden plots, their locations and to whom assigned; maintain membership list, garden waiting list and sunny plot list. These duties may be reassigned from the Secretary to a member of the Board by the President.
(c) be responsible for promulgating and sending all notices of meetings, application and renewal forms, and conduct such other correspondence as may be required by the President; and
(d) maintain records of garden plots available for reassignment and of those not in proper use.
4. TREASURER. Duties shall be to:
(a) receive all annual dues and any special assessments and maintain a record of names of persons paying the same, and dates received, and amounts thereof;
(b) do banking and make payments as required and authorized and maintain records of payments; (Checks shall be authorized by any two (2) of the officers); and
(c) make reports as required, including a general financial statement of the Association at meetings of the membership and a list of members in arrears at meetings of the Board.
ARTICLE VIII - DUTIES OF BOARD
1. The duties of the Board shall be to:
(a) promulgate, adopt, and from time to time, amend CLEVELAND PARK COMMUNITY GARDEN ASSOCIATION RULES AND REGULATIONS to be observed by Members. The Rules and Regulations shall include the conditions under which the garden plot area use permit is granted by the National Park Service;
(b) create standing committees and ad hoc committees to further the work of the Association;
(c) arrange for the assignment of garden plots for the garden season, approve renewal;
(d) arrange for plot inspections to be conducted on a periodic basis and terminate at any time a Member’s plot assignment and forfeit the right to further use of the garden plot for failure to comply with the Rules for the association. However, such forfeiture shall occur only after written notice of the Rule violation has been given to the Member by the Board and the appeals process has been followed;
(e) determine the Members’ annual dues and other assessed monetary fees necessary to provide for the Association's annual operating expenses, the costs for equipment, water services, general garden protection and maintenance, and other associated costs;
(f) approve and authorize payment from Association funds for all routine expenditures related to the administration, operation and maintenance of the garden. Any extraordinary expenditures shall be approved by a majority of the Board and the membership shall be notified promptly of the expenditure by the President.
2. The Board may amend the Rules after fourteen (14) days written notice to Members. If within 14 days of receipt of that notice a minimum of 25 percent of Members requests a Special Meeting to debate the proposed ruling change, the Board shall convene a meeting within 33 days.
3. If any Board Member cannot perform the duties assigned, a replacement may be appointed by the Board.
4. No Board Member shall receive compensation for serving on the Board in cash or in kind.
5. For purposes of amending these By-Laws or dismissal of Board Members, an affirmative vote of two-thirds of the votes cast is necessary.
ARTICLE IX - INDEMNIFICATION
1. INDEMNIFICATION: The Cleveland Park Community Garden Association shall indemnify any person who was or is an officer of the Association or member of any bona fide committee or agent of the Association against any liability for expenses (including attorney's fees), judgments, fines, costs, and amounts paid in settlement, incurred by such officer, committee member or agent in connection with or arising out of his/her services in such capacity except where such liability results from his/her gross negligence or willful misconduct. The indemnification provided by or pursuant to this provision shall not be exclusive of any other rights to which any person who was or is an officer, committee member or agent of the Association may be entitled under applicable law or under the Bylaws of the Association or under any agreement or vote of the members of the Association.
These By-Laws were adopted by the Members of the Association at a meeting on November 17, 1984; and amended on March 9, 1985; on November 17, 1990; on May 16, 1992; and on November 17, 2018.