10-32-010 Definitions.
10-32-020 Authority of commissioner.
10-32-030 Authority of deputy commissioner.
10-32-040 Trees, shrubs or other plant materials – Public nuisance.
10-32-050 Care of parkway.
10-32-055 Managed native and pollinator garden registry.
10-32-060 Permit required.
10-32-070 Application for permit.
10-32-080 Issuance of permit.
10-32-090 Permit fee.
10-32-100 Contents of permit.
10-32-110 Attaching material to tree.
10-32-120 Protection of trees during building operations.
10-32-130 Removal of protective device.
10-32-140 Placing substance on parkways.
10-32-150 Work to be performed according to permit.
10-32-160 Parkway tree as city property.
10-32-170 Causing injury to public tree or shrub.
10-32-180 Organized athletic activity on parkway.
10-32-190 Violation – Penalty.
10-32-200 Replacement or removal of damaged tree or shrub.
10-32-210 Use of fines to defray expenses.
10-32-220 Required parkway trees – Planting standards.
10-32-230 Required parkway trees – Review and inspection.
10-32-240 Reserved.
10-32-245 Urban Forestry Advisory Board.
10-32-250 Severability.
Whenever the following words or terms are used in this chapter, they shall have the following meanings:
(a) "Commissioner" means the commissioner of the department of streets and sanitation, or his designee.
(b) "Deputy commissioner" means the deputy commissioner of the bureau of forestry, parkways and beautification of the department of streets and sanitation, or his designee.
(c) "Parkway" means that portion of the public way between a public street and the nearest parallel property line including sidewalk areas.
(d) "Median" means the center strip of a boulevard or street on which trees, shrubs, or other plant material are planted.
(e) "Shrub" means a multi-stemmed woody plant.
(f) "Public tree or shrub" includes, without limitation, any shade or ornamental tree or shrub now or hereafter growing on property of the City of Chicago under the jurisdiction of the bureau of forestry, parkways and beautification.
(g) "Parkway tree" means a tree planted in a parkway.
(h) "Forestry operations" means any planting, pruning, cultivation, maintenance or removal of any tree, shrub or other plant material by the deputy commissioner in accordance with this chapter.
(i) "Heritage tree" means a tree of special significance to the City because of its age, size, type, historical association, or horticultural value.
(Prior code § 32-1; Amend Coun. J. 2-6-91, p. 30591; Amend Coun. J. 6-25-21, p. 31515, § 2)
In addition to all other powers and duties conferred on him by this Code, the commissioner of streets and sanitation shall have the authority:
(a) To prohibit or restrict parking on any street or portion thereof for the purpose of facilitating forestry operation;
(b) To erect temporary signs designating the street or portion thereof in which the parking of vehicles is prohibited during forestry operations;
(c) To remove and relocate any vehicle parked in violation of such notices, either to the nearest legal parking place or to a facility operated by the City of Chicago for the storage of towed automobiles;
(d) To issue permits in accordance with this chapter;
(e) To supervise the deputy commissioner in his performance of the powers and duties established in this chapter.
(Prior code § 32-2)
In addition to all other powers and duties conferred on him by this Code, the deputy commissioner shall have the authority:
(a) To plant, prune, cultivate, maintain and remove any tree, shrub or other plant material now or hereafter located on a parkway, median or other public property under his jurisdiction;
(b) To place barricades at streets, curbs, sidewalks and other locations where necessary to protect persons and property during the performance of all forestry operations;
(c) To relocate, after making a reasonable effort to notify the owner thereof, any unauthorized obstruction on a public way which prevents or impedes his ability to perform forestry operations;
(d) To remove any unauthorized object, structure or fixture from a parkway or median;
(e) To enter upon private property within the City of Chicago at all reasonable times for the purpose of examining any tree, shrub or other plant material located upon or over such property, and for the purposes of carrying out the provisions of this chapter;
(f) To issue rules and regulations not inconsistent with this chapter or with any other applicable provisions of the Municipal Code, subject to the approval of the commissioner, governing the planting, pruning, cultivating, maintenance and removal of public plant materials, and for the protection of the parkway and medians;
(g) To prohibit and regulate by such rules the planting of certain varieties of trees, shrubs and other plant material on parkways and medians. In determining which types of trees, shrubs and other plant material should be prohibited or regulated, the deputy commissioner shall consider the adaptability of such tree, shrub or plant material to local weather and soil conditions; the effect of its root system on adjacent sidewalks, curbs, gutters, streets, underground pipes and sewers; its effect on nearby vegetation; and its effect on nearby human and animal life;
(h) In connection with the installation of parkway trees required by Section 194A-5.13* of the city's zoning code, and pursuant thereto, to review plans, to make inspections, to make recommendations to the zoning administrator regarding conformance of required parkway trees with this chapter and with regard to other matters pertaining to the required installation of parkway trees.
(Prior code § 32-3; Amend Coun. J. 2-6-91, p. 30591)
* Editor's note – For current Zoning Code provisions, see § 17-11-0100.
Any tree, shrub or other plant material which interferes with the proper spread of light along a street or alley from a streetlight, or interferes with the visibility of any traffic-control sign or device, or does not provide ten-foot clearance above public ways or sidewalks, or has dead, dying, diseased or broken limbs which may be hazardous to public safety, or is dead or diseased or harbors insects or pests which constitute a potential threat to nearby human or animal life or to other trees within the city, is hereby declared to be a public nuisance.
The deputy commissioner shall issue a notice of any such nuisance and cause it to be served upon the owner of the property where such nuisance is located, by delivery at the address of the property or by certified mail. The owner shall cause the condition creating such nuisance to be removed within ten days after receipt of said notice, at his own expense. If the owner fails or refuses to comply with the provisions of this section, in addition to any other penalties described in this chapter, the commissioner may remove or cause to be removed the condition creating such nuisance and any expense incurred by the city in so doing shall be a charge against the owner, which may be recovered in an appropriate legal proceeding instituted by the corporation counsel.
(Prior code § 32-4)
The owner or person in control of property contiguous to the parkway shall be responsible for watering and fertilizing parkway trees required to be installed pursuant to Title 17, Section 5.13A* of the city's zoning code and for routine care of the parkway lawn. Routine care of the parkway lawn shall include periodic watering, weeding and mowing, as well as replacement of vegetation that dies. The owner or person in control of property contiguous to the parkway shall replace any parkway trees required to be installed pursuant to Title 17, Section 5.13A* of the city's zoning code in the event of the death of any trees resulting from the failure to water or fertilize as required herein.
(Prior code § 32-5; Amend Coun. J. 2-6-91, p. 30591; Amend Coun. J. 7-21-99, p. 9425; Amend Coun. J. 7-10-02, p. 90212, § 1)
* Editor's note – For current Zoning Code provisions, see § 17-11-0100.
(a) The Department of Streets and Sanitation shall establish and maintain a registry of managed native and pollinator gardens, without cost to its registrants. The Department may promulgate rules regarding standards and processes associated with the establishment and maintenance of, and inclusion in, the registry of such gardens.
(b) For purposes of this section, the term "managed native and pollinator garden" or "garden" means a planned, intentional, and maintained planting of native plants and plants that are pollinator-friendly.
(c) Any property owner wishing to maintain a managed native and pollinator garden may apply to register the garden with the Department of Streets and Sanitation. The managed native and pollinator garden must be maintained in accordance with rules established by the Department. Managed native and pollinator gardens in good standing on the registry shall not be subject to Section 7-28-120. Failure to maintain the managed native and pollinator garden in accordance with this section and the rules hereunder may result in the Commissioner removing the garden from the registry.
(d) To be eligible to be in the registry:
(1) the managed native and pollinator garden shall be on an occupied property or a community garden that meets the definition and requirements of Section 17-9-0103.5.
(2) the managed native and pollinator garden shall not have any plants encroach on the public sidewalk or extend beyond the property line. Similarly, if a permit for a managed native and pollinator garden in the parkway is acquired, any managed native and pollinator garden in a parkway shall not have plants, excluding trees, taller than ten inches.
(3) the plants within the garden will have been intentionally planted by seed or transplantation into the garden. Owners must be able to identify the plants contained within the garden.
(e) (1) If a garden on the registry violates subsection (c), (d)(1), or (d)(3) of this section, the garden shall be removed from the registry.
(2) If a garden on the registry violates subsection (d)(2) of this section, the owner of the property shall be issued an administrative notice of violation, which shall list a date and time for a hearing with the Department of Administrative Hearings. If the owner brings the property into compliance prior to the hearing date, the City shall withdraw the administrative notice of violation. An owner who fails to bring the property into compliance prior to the hearing date shall be liable for a fine of $100.
(f) Nothing in this section shall be construed to allow the section to conflict with the Illinois Noxious Weed Law, 505 ILCS 100/1, et seq.
(g) A Native and Pollinator Garden Registry Advisory Board shall be created. The Advisory Board will have the authority to review garden-related applications and complaints and make recommendations to the Commissioner. The Board shall be appointed by the Mayor and shall be made up of:
(1) One representative from the Department of Streets and Sanitation.
(2) One representative from the Department of Planning and Development.
(3) One representative from the Chicago Park District.
(4) One member of the City Council.
(5) One member from an organization representing community gardeners across the City.
(6) One member from an organization representing urban agriculture growers.
(7) One member from an organization that supports and owns conservation land in the City.
(8) One member who has an expertise in a relevant subject, such as biology, botany, ecology, or horticulture.
(9) One member from a cultural or scientific institution.
(h) The Commissioner, or the Commissioner's designee, shall review applications to the registry. If, after consultation with the Native and Pollinator Garden Registry Advisory Board, the Commissioner determines that the applicant's garden meets the requirements, then the garden shall be placed in the registry. If the garden is not compliant with the requirements of this section or if violations are found at a garden, the Commissioner, after consulting with the Advisory Board, shall remove a garden from the registry.
(Added Coun. J. 9-14-21, p. 35526, § 2)
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