10-32-010 Definitions.

   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)

10-32-020 Authority of commissioner.

   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)

10-32-030 Authority of deputy commissioner.

   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.

10-32-040 Trees, shrubs or other plant materials – Public nuisance.

   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)

10-32-050 Care of parkway.

   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.