Section 96. Municipal community garden activities

1. A municipality is
  authorized to hold land, however acquired, either in fee or of a  lesser
  interest,  or  by  lease,  contract  or agreement with the owners and to
  allow same to be used  for  community  gardening  under  the  terms  and
  conditions  established in article thirty-eight of the executive law, as
  applicable, for such period of time and under such further conditions as
  may be authorized by local law. Such use of land is a valid exercise  of
  municipal  powers.   A municipality may encourage individuals, community
  organizations and groups to use vacant lands  and  municipal  facilities
  for  such  period  of time and under such conditions as the municipality
  may determine for use in community garden programs,  including  but  not
  limited  to,  a  condition  that  users  possess liability insurance and
  accept liability for injury or damage resulting from use of  the  vacant
  public   land  for  community  gardening  purposes.  A  fee  related  to
  preparation of assigned lots may be charged participants.
    2. A municipality may establish a  program  in  conjunction  with  the
  cooperative   extension   or  county  extension  association  for  ready
  identification  of  accessible  land  resources  in   the   municipality
  available for such programs.  Any community garden program should to the
  fullest  extent  practicable  be  community  in  scope in order that all
  interested families and individuals, who reside in the area, be afforded
  an equal opportunity  to  use  available  plots  subject  to  reasonable
  continuing tenure.
    3.  A  municipal corporation may assist the development of a community
  garden by contributing, or providing at cost, from resources  under  the
  control  of  the municipality, upon agreement with the user of such land
  as approved pursuant to the local finance law: initial site preparation,
  including top  soil  and  grading;  water  systems;  perimeter  fencing;
  storage bins or sheds, and other necessary appurtenances or equipment.
    4.  At  the  discretion  of  the  municipality,  fertilizer  including
  municipally produced  compost,  seeds,  or  tools  may  be  procured  in
  quantity  and  made  available  at  cost to community groups involved in
  garden projects. A tool lending  facility  may  be  established  by  the
  municipality  so  that  gardening  tools  are  available on an equitable
  rotating basis to all members of the community. Such assistance shall be
  a valid municipal purpose.
    5. For the purposes of carrying out the provisions of this section,  a
  community  gardening  program  may  be  deemed part of a youth or senior
  citizen program.