10-32-055 Managed native and pollinator garden registry.

   (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)

10-32-060 Permit required.

   No person other than the Deputy Commissioner shall plant, remove, trim, spray or chemically inject or treat, or in any way affect the general health or structure of a parkway tree or shrub without first having obtained a permit to do so in accordance with the provisions of this chapter; provided, however, that no permit shall be necessary for the routine maintenance and replacement of vegetation where soil disturbance of six inches or less is required. All permit requirements of this chapter shall be applicable to governmental agencies and to public utilities governed by an Act concerning Public Utilities, approved June 29, 1921, as amended.

(Prior code § 32-6; Amend Coun. J. 9-14-21, p. 35804, § 4)

10-32-070 Application for permit.

   Application for a permit under this chapter shall be made on a form prepared by the commissioner, and shall contain the following information:

   (a)   The name and address of the applicant;

   (b)   The address of the property adjacent to the parkway where the applicant desires to have work done;

   (c)   The nature of the work to be done;

   (d)   The name of the person who is to perform the work;

   (e)   The estimated starting and completion dates of the work;

   (f)   Such other and further information as the commissioner shall deem necessary.

(Prior code § 32-7)

10-32-080 Issuance of permit.

   No permit shall issue for any work on a parkway unless:

   (a)   The application therefor is complete;

   (b)   The applicant or permittee shall indemnify, defend and hold harmless the City of Chicago, its officers, agents, attorneys and employees from any and all liability or claims arising from or relating to the granting of a permit and/or the performance of the work for which the permit is sought; and

   (c)   The person who is to perform the work presents to the Commissioner:

      (1)   proof of commercial general liability insurance, with limits of not less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage, naming the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the permittee's operations; and

      (2)   proof of a valid public way work license as required by Chapter 10-20.

(Prior code § 32-8; Amend Coun. J. 2-6-91, p. 30591; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 41; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 40; Amend Coun. J. 9-14-21, p. 35804, § 5)

10-32-090 Permit fee.

   The fee for issuance of a permit for work described in Section 10-32-060 shall be $20.00 payable at the time of application. Other permits issued under this chapter shall be issued without charge.

(Prior code § 32-9)

10-32-100 Contents of permit.

   A permit issued hereunder shall state specifically the work permitted to be done, the address of the property adjacent to the parkway where the work is to be done, and the estimated starting date of the work. A permit issued hereunder shall expire 60 days from the date of issuance.

(Prior code § 32-10)

10-32-110 Attaching material to tree.

   No person shall secure, hang, fasten, attach or run any rope, wire, sign, decoration, electrical device or other material upon, around or through any public tree without a permit to do so.

(Prior code § 32-11)