Leaves — Work From the Bottom Up

Proposed Leaves Ordinance

Over the past several years it has become apparent that the falling of leaves is occurring much later than in years past. While this is not a studied fact, it is apparent that the leaves are falling later and later each year.

While the leaves are falling later and later each year, this possible climate shift has not been reflected in the City of Chicago Street Sweeping schedule. Unfortunately, the Street Sweeping schedule ends before the leaves even start to fall. Resulting in the accumulation of leaves in the roads and curbs, causing storm drains to become covered up/clogged throughout the Winter months.

Additionally, while it is logical, when raking one’s leaves, to also remove them from the gutter/road, not everyone follows this presumption, resulting in the additional accumulation of debris mentioned above. More to the point, residents, owners, property management companies and landscaping companies all potentially blow their leaves from their respective properties directly onto the curb/roadway, where the leaves reside for the Winter months, addition to the existing concern.

Because the Street Sweeping schedule is not aligned with this seasonal shift, the leaves stay on the streets until late April/May of the next year, until the street sweeping schedule resumes. This causes safety concerns, potential residential flooding (leaves freeze and become icy) as well as causing sewer drain blockages more and more frequently.

Stricter guidelines are needed regarding the removal of leaves and a city ordinance regarding such activity, should be created and be enforceable.

This is a proposal to the City of Chicago to create ordinance regarding leaf removal from properties, more importantly, the blowing of leaves from one’s property onto the city street.

Statewide Statue on Yard Waste in City Streets

Unfortunately, at the present time, there is only an Illinois Statue that deals with residents depositing leaves onto City streets.

The existing Illinois Statute deals with ‘debris’, and includes Yard waste, and isn’t geared for this objective.

This Illinois Law is shown here: Exhibit A

Chicago Municipal Code on Litter - Casting Refuse and Liquids 10-8-480

No 311 Category

At the present time, there is no 311 category that encompasses a violation of this nature. Therefore, even if someone sees another resident, etc blowing their leaves onto the streets,

there is no method of communicating this to any city department, like snow removal infractions that exist today.

Current Snow Removal Ordinance

The city currently has a snow removal ordinance in place. We propose this ordinance can be altered/modified to accommodate for specific rules regarding leaf removal.

The snow ordinance shown below whereby 2 sections are highlighted that could bemodified as such to address this concern:

10-8-180 Snow and ice removal (4-4-310 is also in existence, but is specifically geared towards businesses)

(a) Every owner, lessee, tenant, occupant or other person in charge of any building or lot of ground in the city abutting upon any public way or public place shall be responsible for the following as pertains to such building or lot of ground:

(1) Remove any snow and ice from any sidewalk abutting such building or lot of ground, and any sidewalk ramps intersecting such sidewalks, creating a clear path of at least 5 feet in width.

(2) Snow which falls or accumulates between the hours of seven a.m. and seven p.m. shall be removed as soon as practicable, but no later than ten p.m. of the same day. Snow which falls or accumulates overnight between the hours of seven p.m. and seven a.m. shall be removed as soon as practicable, but no later than ten a.m. of the same day.

(3) If snow on the sidewalk is frozen so hard that it cannot be removed without damage to the pavement, the person in charge of any building or lot of ground shall, within the time specified for removing the snow, strew, or cause to be strewn, the sidewalk abutting the building or lot of ground with sand, abrasive material or other products made for the purpose of mitigating slipping hazards and preventing the accumulation of ice, and shall, as soon thereafter as the weather shall permit, thoroughly clean the sidewalk.

(4) No owner of a multiple dwelling unit building or a townhouse development with a surface parking lot may shovel, plow, or otherwise place any snow or ice removed from such surface parking lot onto the public way. Owners of townhouse developments and owners of multiple dwelling unit buildings with surface parking lots shall store any snow or ice in a manner and in a location that does not impede or restrict the public way in any fashion. If an owner of a multiple dwelling unit building or a townhouse development with a surface parking lot is unable to store snow and ice in accordance with this subsection (a)(4), such owner shall contract for private snow and ice removal.

(b) Any person who violates this section shall be fined not less than $50.00 nor more than $500.00 for each offense, and each day such offense shall continue shall constitute a distinct and separate offense.

Additional Street Sweeping Requests – Not a Solution

Unfortunately, as a remedy requesting additional street sweeping is not a solution.

These requests were submitted only to have them cancelled due to the explanation of ‘no cause’.

SR23-01861943

SR23-01872672

Modification of the Street Sweeping schedule is another issue enitrely, and is not being addressed here.

Caught In The Act?

After sending this information to several Alderman, the deterrent to having this type of ordinance is that the culprit has to be ‘caught in the act’. Without the Streets and Sans person phsyically ‘seeing’ the act happen, violation enforcement is tough.

However, based on a proposed ordinance allowing for Residential Ticketing on parking violations, it seems that this method could be applied here as well.

Therefore, this COULD be a possible solution.

Proposed Leaf Removal Ordinance

Until such a time the City of Chicago can alter its street sweeping schedule to accommodate the pushed-back seasons,

we would like to propose an ordinance that strengthens the Illinois Statue by instituting a City of Chicago ordinance to be modeled after the existing snow removal ordinance.

Suggested Ordinance:

*Verbiage needs to include landscaping and property management companies as the responsible parties.

*Leaves just need to be removed from parkways and sidewalks and curbs.

*The time frame for snow removal is too harsh, and does not accommodate the nature of falling leaves. However, a ‘conclusionary’ time frame could be implemented (ie specific date) which would require all residents to remove leaves off of the parkway and curbs by a specific date(s).

*Replace the verbiage regarding ‘placing on public way’ to accommodate for blowing/raking leaves onto the public way.

*As with snow removal, a 311 request category could be created to accommodate for these potential infractions.

*Infractions against the landscaping company should also be included, because it is both residents/owners and these hired companies that are the culprits. It could be possible that elimination of the ability to work in the city could be a result of any possible infraction against this proposed ordinance.