(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)