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HomeMy WebLinkAboutOrdinance 33-O-26 (1) (1) 04/13/2026 33-O-26 AN ORDINANCE Amending Evanston City Code Title 7, Chapter 10 “City Parks and Natural Areas” WHEREAS, the City of Evanston recently adopted a Parks and Green Space Strategic Plan, which will be used to guide long-term decisions for the Parks and Recreation Department; and WHEREAS, the Parks and Recreation Department recognized that an amendment to the City Code is necessary to authorize a process for creating new natural areas in the City; and WHEREAS, the City Council of the City of Evanston determines that it is in the best interest of the City to make these updates to the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 7-10-1 “Designation of Public Parks and Natural Areas” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 7-10-1. DESIGNATION OF PUBLIC PARKS AND NATURAL AREAS. (A) A natural area shall be designated by agreement of the Environment Board; Parks and Recreation Board; and Natural Areas Officer subject to approval by City Council. (B) To be considered for designation as a natural area, a site will have an ecological management plan approved by the Natural Areas Officer, must be located on public land leased to or owned by the City of Evanston, and mapped and managed by qualified and committed volunteer stewards in accordance with the site's ecological management plan. Page 1 of 23 33-O-26 (C) Prior to designation of a natural area, the organization or group proposing the new natural area shall conduct community education on the concept of natural areas, permissible uses, and public benefits to neighboring areas. (A) Designation Of Park Facilities. 1. Proposed Designations. The Director of Parks/Forestry and Recreation or his/her designee shall classify all park property under a uniform system of classification and designate for each such classification the use or uses which, in his/her judgment, should be permitted therein. Categories of classifications, which the Director shall designate, may include, but are not limited to, parks, playgrounds, tot lots, field houses, boat harbors, swim areas, and leased facilities. The Director shall classify all park property under the following classification system: a. Public Forums. Public forum areas are large enough to accommodate more than two hundred fifty (250) people with adequate space in the park for participants (not on the streets) and sufficient parking. These areas have sufficient space so as to limit the impact on the surrounding neighborhood. b. Limited Use Areas. Limited use areas can accommodate less than two hundred fifty (250) participants in the park (not on the streets) with sufficient parking. These areas are primarily in residential areas and no amplification is permitted. c. Area Or Facilities Not Designated For Public Assembly. These areas are unsuitable for group activities due to the size and/or location of the area other than City and/or City sponsored events. d. Special Facilities. Special facilities are designated as soccer fields, softball/baseball fields, tennis courts, etc., which are for public use. These areas may be reserved through the permit process. The Director of Parks/Forestry and Recreation has recorded the designations for each park and has transmitted the same promptly to the City Council. Thereafter, the Director may, from time to time, as he/she shall deem necessary and proper, amend or revise his/her designations and shall promptly transmit in writing the amendments or revisions to the City Council, which shall approve, amend or reject the same. All such designations, amendments, and revisions thereof, shall be in full force and effect from the time that the same are expressly approved as such or as amended by the City Council. Facility/Park Public Forums (Areas Large Enough To Hold Limited Use Areas (Areas For Smaller Groups - Less Than 250, Primarily Areas Or Facilities Not Designated For Public Assembly Special Facilities (Areas With Special Facilities Amplification Allowed Page 2 of 23 33-O-26 250 Plus Persons) Residential, No Amplification) (Areas Unsuitable For Groups Due To Size And/or Location Other Than City And/or City Sponsored Events) Such As Fields, Etc., For Public Use) Ackerman park X X No Alexander park X No Baker park X X No Eugene Beck park X No Horace E. Bent park X X No Brummel- Richmond tot lot X No Burnham Shores park (including Dempster beach and aquatics center) X X No Isabella Butler park X X Yes Charles M. Cartwright park X X No Centennial park (including Clark Street beach and boat ramp) X X Yes Chandler park (including community center) X X Yes Clark Square X No Clyde-Brummel park X No Congregational park X No Robert Crown park (including Robert Crown ice complex and community center) X X Yes Page 3 of 23 33-O-26 J. Seymour Currey park X No Dawes park (including Greenwood beach) X X Yes Dobson-Brummel park X No Edward Eggleston park X No Charles B. Elden park X No Elks memorial park X No Ellingwood park X No Elliott park (Lee Street beach) X X Yes Firemen's park X No Fitzsimons park X X No Foster field (including Fleetwood- Jourdain community center) X X Yes Fountain Square X Yes Garden park X No Gilbert park X No Grey park X No Elizabeth Boynton Harbert park X Yes Harper garden X No Hinman Avenue park X No Marcus A. Hobart park X X No Howell park X No Independence park X Yes Ingraham park X Yes Robert E. James park (Levy senior center) X X Yes Kamen park X No Kelly park X No Ladd arboretum X X Yes Page 4 of 23 33-O-26 (including ecology center) Lake-Dodge park X No Larimer park X X No Lawrence O. Lawson park X No Leah Lomar park X No Leahy community park X X Yes Levinson tot lot X No Lighthouse landing (including beach) X Yes Walter S. Lovelace park X X Yes Cornelia Lunt gardens X No Mason park X X Yes McCormick park X No Catherine Waught McCulloch park X No Vera MeGowen park X No Merrick rose garden X X No Milburn park X No Monroe tot lot X No Jennifer Morris park X No Arne and Mark Sloan Oldberg park X No Patriots park X No Penny park X No Adam Perry park X No Philbrick park X No Harry Hibbert Porter park X No Quinlan park X No Raymond park X No St. Paul park X No Celia Sargent park X No Elnora Smith park X No Thomas E. X No Page 5 of 23 33-O-26 Snyder park South Boulevard beach/park X Yes Southwest park X No Stockham Place park X No Thomas Eddy Tallmadge park (including Noyes cultural arts center) X X Yes Frank S. Torgerson park X No Benjamin Trahan park X No William H. Twiggs park X X Yes 2. Public Review Of Proposed Designation. Simultaneous with the transmission to the City Council of the plats or maps required by this Code, or of any written amendments or revisions thereof, the Director of Parks/Forestry and Recreation shall file a duplicate copy of the same with the City Clerk, which duplicate copy shall be available for public inspection and copy in the City Clerk's office during normal business hours. SECTION 2: Section 7-10-8 “Permits” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: (A) Designation Of Park Facilities. 1. Proposed Designations. The Director of Parks/Forestry and Recreation or his/her designee shall classify all park property under a uniform system of classification and designate for each such classification 1the use or uses which, in his/her judgment, should be permitted therein. Categories of classifications, which the Director shall designate, may include, but are not limited to, parks, playgrounds, tot lots, field houses, boat harbors, swim areas, and leased facilities. The Director shall classify all park property under the following classification system: a. Public Forums. Public forum areas are large enough to accommodate more than two hundred fifty (250) people with adequate space in the park for participants (not on the streets) and sufficient parking. These areas have sufficient space so as to limit the impact on the surrounding neighborhood. Page 6 of 23 33-O-26 b. Limited Use Areas. Limited use areas can accommodate less than two hundred fifty (250) participants in the park (not on the streets) with sufficient parking. These areas are primarily in residential areas and no amplification is permitted. c. Area Or Facilities Not Designated For Public Assembly. These areas are unsuitable for group activities due to the size and/or location of the area other than City and/or City sponsored events. d. Special Facilities. Special facilities are designated as soccer fields, softball/baseball fields, tennis courts, etc., which are for public use. These areas may be reserved through the permit process. The Director of Parks/Forestry and Recreation has recorded the designations for each park and has transmitted the same promptly to the City Council. Thereafter, the Director may, from time to time, as he/she shall deem necessary and proper, amend or revise his/her designations and shall promptly transmit in writing the amendments or revisions to the City Council, which shall approve, amend or reject the same. All such designations, amendments, and revisions thereof, shall be in full force and effect from the time that the same are expressly approved as such or as amended by the City Council. Facility/Park Public Forums (Areas Large Enough To Hold 250 Plus Persons) Limited Use Areas (Areas For Smaller Groups - Less Than 250, Primarily Residential, No Amplification) Areas Or Facilities Not Designated For Public Assembly (Areas Unsuitable For Groups Due To Size And/or Location Other Than City And/or City Sponsored Events) Special Facilities (Areas With Special Facilities Such As Fields, Etc., For Public Use) Amplification Allowed Ackerman park X X No Alexander park X No Baker park X X No Eugene Beck park X No Horace E. Bent park X X No Brummel- X No Page 7 of 23 33-O-26 Richmond tot lot Burnham Shores park (including Dempster beach and aquatics center) X X No Isabella Butler park X X Yes Charles M. Cartwright park X X No Centennial park (including Clark Street beach and boat ramp) X X Yes Chandler park (including community center) X X Yes Clark Square X No Clyde-Brummel park X No Congregational park X No Robert Crown park (including Robert Crown ice complex and community center) X X Yes J. Seymour Currey park X No Dawes park (including Greenwood beach) X X Yes Dawes park (including Greenwood beach) X X Yes Dobson-Brummel park X No Edward Eggleston park X No Charles B. Elden park X No Elks memorial park X No Page 8 of 23 33-O-26 Ellingwood park X No Elliott park (Lee Street beach) X X Yes Firemen's park X No Fitzsimons park X X No Foster field (including Fleetwood- Jourdain community center) X X Yes Fountain Square X Yes Garden park X No Gilbert park X No Grey park X No Elizabeth Boynton Harbert park X Yes Harper garden X No Hinman Avenue park X No Marcus A. Hobart park X X No Howell park X No Independence park X Yes Ingraham park X Yes Robert E. James park (Levy senior center) X X Yes Robert E. James park (Levy senior center) X X Yes Kamen park X No Kelly park X No Ladd arboretum (including ecology center) X X Yes Lake-Dodge park X No Larimer park X X No Lawrence O. Lawson park X No Leah Lomar park X No Leahy community park X X Yes Levinson tot lot X No Lighthouse X Yes Page 9 of 23 33-O-26 landing (including beach) Walter S. Lovelace park X X Yes Cornelia Lunt gardens X No Mason park X X Yes McCormick park X No Catherine Waught McCulloch park X No Vera MeGowen park X No Merrick rose garden X X No Milburn park X No Monroe tot lot X No Jennifer Morris park X No Arne and Mark Sloan Oldberg park X No Patriots park X No Penny park X No Adam Perry park X No Philbrick park X No Harry Hibbert Porter park X No Quinlan park X No Raymond park X No St. Paul park X No Celia Sargent park X No Elnora Smith park X No Thomas E. Snyder park X No South X Yes Page 10 of 23 33-O-26 Boulevard beach/park Southwest park X No Stockham Place park X No Thomas Eddy Tallmadge park (including Noyes cultural arts center) X X Yes Frank S. Torgerson park X No Benjamin Trahan park X No William H. Twiggs park X X Yes 2. Public Review Of Proposed Designation. Simultaneous with the transmission to the City Council of the plats or maps required by this Code, or of any written amendments or revisions thereof, the Director of Parks/Forestry and Recreation shall file a duplicate copy of the same with the City Clerk, which duplicate copy shall be available for public inspection and copy in the City Clerk's office during normal business hours. (A) (B) Rules And Regulations. The Director of Parks/Forestry and Recreation may, from time to time, establish reasonable rules and regulations, for the use of each facility in the park system and for obtaining permits pursuant to this Chapter. Such rules and regulations shall be based on a due regard for the purpose for which the facility is established, the safety of those using the facility and parking, of park employees and of the public, the safety and maintenance of park property, the need for and the availability of supervisory personnel, and the maximum number of people who can safely use the facility at one time. Subject to the foregoing, and except as hereinafter provided, all park facilities may be used by members of the general public, without permit, for the recreational and athletic purposes not inconsistent with the nature of the facility and the safety of the public and of park property. (B) (C)Permit Requirement. 1. General. No person shall, without a permit: a. Conduct a public assembly, parade, picnic, or other event involving more than thirty (30) individuals; Page 11 of 23 33-O-26 b. Conduct any exhibit, music or dramatic performance, fair, circus, concert, play, church service, radio or television broadcast, other than a news transmission; c. Exhibit or display any motion picture, television program, light or laser light display, or similar event; d. Operate a vehicle, except upon a publicly dedicated street, alley, watercourse or other thoroughfare which may abut or traverse a park; e. Create or emit any amplified sound, except from a radio, recorder or other device possessed and used by an individual for his/her own enjoyment and operated in such a manner so as not to interfere with the use and enjoyment by another person; f. Station or erect any building, tent, canopy, stand, bandstand, stage, tower, scaffold, sound stage, platform, rostrum or other structure for longer than three (3) hours; g. Station or use any electrical or electronic device or equipment that would require outdoor auxiliary power; h. Display, post or distribute any placard, handbill, pamphlet, circular, book or other writing containing commercial advertising matter within the park system (as described in Title 4, Chapter 12, "Sign Regulations," and Section 3-4-2-2 of this Code); i. Conduct an organized sporting event; j. Ride any horse or horse-drawn carriage on any driveway, roadway, path or trail, park property; or k. Bring onto park property or any City roadway, a tame, nondomestic supervised and controlled animal for limited noncommercial or promotional purposes. 2. Permits For Activities Involving More Than Five Hundred Individuals. No activity involving more than five hundred (500) individuals shall be held within two thousand five hundred (2,500) feet of the boundaries of another such event, nor within two (2) hours of any other activity involving more than five hundred (500) individuals. (C) (D) Application For Permits. 1. Filing Written Application. a. Park Permit. Any person seeking the issuance of a permit shall apply for a permit by filing a written application for permit on a form and within such time as shall be prescribed by the Director of Parks/Forestry and Recreation or his/her designee. A permit is required for: (1) An event involving more than thirty (30) individuals; (2) Advertising or commercial activities; (3) Activities involving more than one park; Page 12 of 23 33-O-26 (4) A religious or partisan political event; (5) Creation or emission of any amplified sound, except from a radio, recorder or other device possessed and used by an individual for his/her own enjoyment and operated in such a manner so as not to interfere with the use and enjoyment by another person; (6) Stationing or erecting any building, stand, bandstand, stage, tower, tent, canopy, scaffold, sound stage, platform, rostrum or other structure; (7) Use of any electrical or electronic device or equipment requiring outdoor auxiliary power; (8) Bringing, landing or causing to ascend or descend or alight within park property any airplane, helicopter, flying machine, balloon, parachute or other apparatus for aviation; (9) Riding of a horse or horses; or (10) Use of mechanical rides (which may be permitted only on hard surfaces). b. Media/Motion Picture/Commercial Photography. Any person seeking the issuance of a permit for filming of a media broadcast (other than a news transmission), motion picture, or still commercial photography shall file a written application for permit with the Director of Parks/Forestry and Recreation or his/her designee on a form within such time as shall be prescribed by the Director. c. Recreational Permits. Any person seeking to reserve park facilities for any event involving less than thirty (30) people and not including the items covered in Subsection (D)1a of this Section shall file a written application with the Director of Parks/Forestry and Recreation where the event is proposed to take place on a form and within such time as shall be prescribed by the Director. d. Special Facilities. Any person seeking the issuance of a permit for use of park property designated as a special facility shall file a written application for a permit with the Director of Parks/Forestry and Recreation or his/her designee on a form and within such time as shall be prescribed by the Director. 2. Application Fee. For any activity described in Subsection (D)1a of this Section, no application for permit shall be considered unless the applicant shall have paid at the time of filing an application for permit the required application fee in an amount in accordance with the schedule of fees set by the Director of Parks/Forestry and Recreation and approved by the City Council. 3. Indemnification And Reimbursement Agreement. No application for permit shall be granted unless the applicant shall have executed an agreement with the City of Evanston, on a form to be prescribed by the Director of Parks/Forestry and Recreation or his/her designee, in which the applicant shall promise and covenant to bear all costs of policing, cleaning up and restoring the park upon conclusion of the event or activity; to reimburse the City of Evanston for any such costs incurred by the City; and to indemnify the City and hold the City Page 13 of 23 33-O-26 harmless from any liability to any person resulting from any damage or injury occurring in connection with the permitted event proximately caused by the action of the permittee, the sponsoring organization, its officers, employees or agents or any person under their control insofar as permitted by law. 4. Security Deposit. For any activity described, Subsection (E) of this Section, no application for permit shall be granted unless the applicant has paid, within the time prescribed by the Director of Parks/Forestry and Recreation or his/her designee, the security deposit in an amount in accordance with the schedule of fees set by the Director of Parks/Forestry and Recreation or his/her designee and approved by the City Council. The amount of the security deposit set in the schedule of fees shall be equal to the estimated cost of cleaning up, and restoring the park upon the conclusion of the use or activity. The security deposit shall be deposited by the City of Evanston into an escrow account. Promptly after the conclusion of a permit activity, the City of Evanston shall inspect the premises and equipment used by the permittee. a. If it is determined that there has been no damage to City of Evanston property or equipment beyond reasonable wear and tear, the security deposit shall be refunded in full within thirty (30) days of the conclusion of the permitted event; b. If it is determined by such inspection, that the permitted event proximately caused damage to City of Evanston property in excess of normal wear and tear and which requires repairs in excess of routine maintenance or determined that fines should be assessed against the permittee, the City of Evanston shall retain the security deposit or any portion, thereof, necessary to pay for the cost of repair or any fines assessed against the permittee. The Director of Parks/Forestry and Recreation or his/her designee shall provide written notice of the assessment of damages or fine and retention of the security deposit to the permittee by personal delivery or by deposit in the United States mail, with proper postage prepaid to the name and address set forth in the application for permit. Any assessment of damages or fine in excess of the security deposit shall be paid to the City of Evanston within ten (10) days after notice of such assessment of damages or fine is sent. Retention of all or a portion of a security deposit shall be subject to the appeal procedures contained in Subsection (F) of this Section. An assessment of damages or fine in excess of the security deposit shall be subject to the appeal procedures contained in Subsection (F) of this Section. 5. Fees For Use Of Park Facilities. No application for permit shall be granted unless the applicant has paid, within the time prescribed by the Director of Parks/Forestry and Recreation, a user fee and any other required fee in an amount in accordance with the schedule of fees set by the Director of Parks/Forestry and Recreation and approved by the City Council. No application for permit shall be granted unless all required fees are paid. Page 14 of 23 33-O-26 6. Insurance. Applicant shall procure and maintain at all times during its use of park property, insurance in such amounts and with such coverages as shall be required by the City of Evanston and shall name the City of Evanston as an additional insured thereunder. The amounts and type of insurance required shall be determined by the City of Evanston, based upon the nature of the activity and the risk involved. The City of Evanston shall prepare a uniform schedule of insurance guidelines for particular types of activities. The applicant shall provide the City with a certificate of insurance evidencing such coverage prior to the applicant's use of City of Evanston property, and within the time prescribed by the Director of Parks/Forestry and Recreation or his/her designee. The certificate shall also provide that the insurer shall give the City of Evanston reasonable advance notice of the insurer's intent to cancel the insurance coverage provided. 7. Permits Not Transferable. No permit or preliminary approved permit application may be transferred. (D) (E)Processing Of Application For Permits. 1. Order. Applications for permits shall be processed in order of receipt; and the use of a particular park or part thereof shall be allocated in order of receipt of fully executed applications accompanied by the application fee. 2. Conditional Approval. Applications for permits for activities or events which require insurance, approval or permits from other governmental entities, or compliance with other terms or conditions, will be reviewed and, if the application otherwise conforms to all other requirements, a conditional approval will be issued. If, within the time prescribed by the Director of Parks/Forestry and Recreation or his/her designee, any required fee or security deposit is not paid, or an insurance certificate evidencing the requisite insurance is not filed with the City of Evanston, or the approval or permit of other governmental entities has not been received, or the other terms and conditions have not been met, the conditional approval will automatically expire, the application for permit will be deemed denied and no written notice of denial will be required. For events or activities which involve the use of special facilities, or activities as described in Subsection (D) of this Section, all terms and conditions for issuance of the permit, including securing insurance and payment of all fees and security deposit, must be completed at least thirty (30) days prior to the event unless a longer time period is prescribed by the Director of Parks/Forestry and Recreation and his/her designee. No permit shall be issued unless all applicable fees and security deposit are paid within the times prescribed by the Director of Parks/Forestry and Recreation or his/her designee. Failure to pay fees or security deposit within that time shall cause the application to be deemed denied, without further notice to the applicant. 3. Written Denials. If no written denial or conditional approval is issued within sixty (60) days of the date on which a permit application is fully completed, Page 15 of 23 33-O-26 executed and filed with the Director of Parks/Forestry and Recreation or his/her designee, the application shall be deemed to have been granted a conditional approval pursuant to Subsection (E)2 of this Section. Provided, however, the City of Evanston may extend the period of review for an additional fourteen (14) days by issuance of a written notice of extension. If, prior to the expiration of the extended review period, no written denial is issued, the application for permit shall be deemed to have been granted a conditional approval pursuant to Subsection (E)2 of this Section. 4. Notice Of Extended Review Or Denial Or Issuance Of Permit. Written notice of denial or notice of extension shall be served on the applicant by personal delivery, or by deposit in United States mail, with proper postage prepaid, to the name and address set forth on the application for permit. 5. Contents Of Notice; Grants For Denial. Notice of denial of an application for permit shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal by the City of Evanston for measures by which the applicant may cure any defects in the application for permit or otherwise procure a permit. Where an application for permit has been denied because a fully executed prior application for the same time and place has been received, and a permit has been or will be granted to the prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular area, the City of Evanston shall propose an alternative place, if available for the same time, or an alternative time, if available for the same place. To the extent permitted by law, the City of Evanston may deny an application for permit if the applicant or the person on whose behalf the application for permit was made has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant. The City of Evanston may also deny an application for permit on any reasonable grounds. 6. Amendment Or Revision Of Applications. Any amendment or revision of an application for permit shall for purposes of determining the priority of the application for permit, relate back to the original filing thereof; but the time in which the City of Evanston shall grant or deny the application for permit and serve notice of such granting or denial shall be computed from the date of the amendment or revision. (E)(F) Procedures For Review; Waivers. 1. Review By Director Of Parks/Forestry And Recreation Or His/Her Designee. a. Any applicant who is denied a permit or denied a request for a waiver of user fee, security deposit, or certificate of insurance, or a permittee who has had all or a portion of its security deposit retained because it was assessed damages or a fine pursuant to this Section may, within seven (7) days of the service of notice of such determination, file a written appeal Page 16 of 23 33-O-26 from such determination with the Director of Parks/Forestry and Recreation or his/her designee. b. The Director of Parks/Forestry and Recreation or his/her designee shall have seven (7) business days from the date on which the appeal was received in which to serve upon the applicant a notice that he/she has affirmed, modified or reversed the denial or retention of security deposit; c. Such notice shall be deemed served upon the applicant or permittee when it is personally delivered or when it is sent by United States mail, with proper postage prepaid, to the name and address set forth on the application for permit. 2. Form Of Appeals. Any appeals filed pursuant to this Section shall state succinctly the grounds upon which it is asserted that the determination should be modified or reversed and shall be accompanied by copies of the application for permit, the written notice of the determination of the City of Evanston, and any other papers material to the determination. 3. Waiver Of Requirements. Any requirements for a user fee, security deposits, or certificate of insurance shall be waived by the City of Evanston, if the activity is protected by the first amendment of the United States constitution and the requirement would be so financially burdensome that it would preclude the applicant from using City of Evanston property for the proposed activity. Fees for equipment and services shall not be waived pursuant to this Subsection. Application for a waiver of a user fee, security deposit, or certificate of insurance shall be made on a form prescribed by the City of Evanston and must include an affidavit by the applicant and sufficient financial information about the applicant to enable the City to determine whether the requirement(s) would be so financially burdensome that it would preclude the applicant from using City of Evanston property for the proposed activity. If it appears that the applicant does not have sufficient funds to satisfy the user fee requirement prior to the proposed event, but that the applicant intends to raise sufficient funds at the event, the City shall require the applicant to pay such user fee out of the proceeds of the proposed event. Denials of requests for such waivers shall be subject to the appeal procedures contained in this Subsection (F). (F) (G)Fines. The violation by a permittee of the terms of his/her permit or the laws and regulations of the City of Evanston shall subject the permittee to a civil fine of up to seven hundred fifty dollars ($750.00). Each day that a violation continues shall be deemed a separate violation. Such fines may be assessed against any security deposit held by the City of Evanston on behalf of the permittee, pursuant to Subsection (D)4 of this Section. Any assessment of fines in excess of any security deposit shall be subject to the procedures contained in Subsection (F) of this Section. (G) (H) Severability. If any provision of this Section or the application thereof to any person or circumstance be held invalid, the remainder of this Section and the application of such provision to other persons or circumstances shall not be Page 17 of 23 33-O-26 affected thereby. The City of Evanston reserves the power to amend or repeal this Section at any time; and all rights, privileges and immunities conferred by this Chapter or by acts done pursuant hereto shall exist subject to such power. SECTION 3: Section 7-10-9 “Definition of Natural Areas” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 7-10-9. - DEFINITIONS AND OBJECTIVES OF NATURAL AREAS. "Natural areas" as used in this Title are public lands that are managed to provide habitat for diverse, regionally native plant and animal communities and associated benefits for humans. (A) Definition of Natural Areas: "Natural Areas" as used in this Title are public lands that are managed to protect, create and/or establish habitats that prioritize native flora and fauna. (B) Objective of Natural Areas: To conserve, restore, and expand Evanston’s urban forest, native vegetation, and green space in order to maintain and increase regionally native habitat, reduce greenhouse gas pollution, and improve stormwater runoff retention, air quality, energy efficiency, and livability. (C) Definition of Site Stewards: Site Stewards are volunteers who are responsible for the ecological management of a Natural Area, including engaging, coordinating and educating volunteers, in collaboration with the Natural Areas Officer. (D) Definition of Liaison Steward: A Site Steward who is responsible for ensuring a Natural Area remains in communication and collaboration with the Natural Areas Officer. Liaison Stewards are designated by the Site Stewards of a Natural Area. SECTION 4: Section 7-10-10 “Natural Areas Officer Responsibilities” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 7-10-10. – NATURAL AREAS OFFICER RESPONSIBILITIES PERMISSIBLE USES OF NATURAL AREAS. (A) The Director of the Public Works Agency shall designate a "Natural Areas Officer" who is knowledgeable about natural land management. (B) The Natural Areas Officer may authorize additional actions or prohibitions in natural areas regarding planting plans, reconfiguration of vegetation and paths, and similar activities taking place on public land. (C) City staff with responsibilities related to public lands, such as parks, shall consult with and follow policies and procedures established by the natural areas officer with regard to natural areas. Page 18 of 23 33-O-26 Permissible use of a Natural Area is defined as: Passive recreation and educational activities that positively contribute to the health of floral, faunal, and soil communities. SECTION 5: Section 7-10-11 “Permissible Use” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 7-10-11. – PERMISSIBLE USE PROTECTION OF EXISTING AREAS CURRENTLY DEEMED AS NATURAL AREAS. (A) The following activities are permissible uses and are subject to the provisions of this Section: 1. Passive recreation and educational activities that do not significantly impact soil, vegetation, or wildlife. (B) As the Natural Areas Officer determines, animal or plant controls may be used in the natural area according to specifications and in compliance with City policy. (C) Violations. 1. Violations of this Section shall be punishable by restricting access to the natural area, and/or 2. Violations of this Section shall be punishable by fines of no more than fifty dollars ($50.00) per offense. Each offense shall count as a separate violation. (A) It is the intent of this section to permit the continuation of a use or designation, even though it may not conform to the new provisions of this Ordinance. The rights granted herein are considered a "protected" or "vested" right and are not automatically revoked by the passage of this ordinance. (B) Any area of land that has been officially designated as a "Natural Area" (or specific relevant term) and specifically named in this Ordinance prior to the effective date of this Ordinance may continue to maintain that designation and associated uses, rights, and protections, provided that: 1. Lawful Existence: The designation and any existing uses were lawful and in compliance with all applicable ordinances and regulations at the time of their establishment. 2. Continuous Maintenance: The area's status as a Natural Area has been continually maintained and not abandoned or discontinued. 3. Documentation: The Site Stewards currently maintaining the area provides sufficient documentation to clarify the boundaries of each Natural Areas (e.g., official records, permits, maps, or reports) to the City Manager or their designee. Page 19 of 23 33-O-26 (C) List of Grandfathered Natural Areas Natural Area Establishment Location Acres (approx) Civic Center Habitat Garden 2017 The northeast corner of the civic center property near the corner of Leonard Pl and Ridge Ave. .15 Clark Street Beach Bird Sanctuary 2015 The northwest corner of Clark St. beach. South of the Northwestern bike path, east of the Centennial Park crushed limestone path and north of the Clark St. Beach house 1.95 Harbert- Payne Park Natural Area 2017 That portion of canal bank east of the Sanitary District canal, south and west of the North Shore Channel Trail between Greenleaf St. and Bradley Pl. 4.54 Ladd Arboretum Natural Area 2016 That portion of the Ladd Arboretum north of the North Shore Channel, south of the crushed limestone path, then northeast of the Grady Bird Sanctuary and south of the Ladd Arboretum bike path, also including the area south of McCormick Boulevard from the crosswalk at Prairie Avenue to Green Bay Road. 5.0 Ladd Arboretum Natural Area 2016 That portion of the Ladd Arboretum north of the North Shore Channel, south of the crushed limestone path, then northeast of the Grady Bird Sanctuary and south of the Ladd Arboretum bike path, also including the area south of McCormick Boulevard from the crosswalk at Prairie Avenue to Green Bay Road. 5.0 Twiggs Park Natural 2017 The portion of Twiggs park east of the observation platform and up to Green Bay Road. The slope South of the North Shore 1.64 Page 20 of 23 33-O-26 Area Channel and north of the Twiggs Park landing. Lovelace Park Prairie 2019 The portions of Lovelace park that are in the northeast corner of the park, south and east of the walking path, north of the sled hill and west of the pond. Additionally four small groves (1) north of the pond and south of the pathway, (2) east of the pathway and west of the tennis courts, (3) south of the pond and north of the ridge and (4) located southwest of the pond and northeast of the sled hill. .49 Attachment A: Maps of grandfathered Natural Areas (D) The grandfathered status of a natural area designation shall be subject to the following limitations: 1. The Natural Areas protection is only for the use and area that existed on the effective date of this ordinance. Any expansion of nonconforming uses, or significant alteration of the natural area in a manner inconsistent with its designated purpose, may result in a review and potential loss of its grandfathered status. 2. If a Natural Area is left without volunteer management for a continuous period of twelve (12) months, the City will assume the management of that Natural Area. 3. If a Natural Area is no longer in public land, the Natural Areas Officer will recommend that the City Manager revoke Natural Area status after review by the Parks and Recreation Board, Environment Board with final approval of the City Council. SECTION 6: Section 7-10-12 “Preservation of Natural Areas” of the Evanston City Code of 2012, as amended, is hereby further amended as follows: 7-10-12. – PRESERVATION OF NATURAL AREAS NATURAL AREAS OFFICER RESPONSIBILITIES. (A) Any modification proposed for a natural area is subject to prior review and approval by the Natural Areas Officer, the Evanston Environment Board and the Parks and Recreation Board. Such modifications may include but are not limited to changes in boundaries, management plans, and proposed uses. Page 21 of 23 33-O-26 (B) Failure of the volunteer group(s) to care for and maintain the designated natural area may result in the natural area being removed from the list of designated natural areas. (C) Volunteer stewards for each natural area must prepare and submit an annual report to the Natural Areas Officer each year for each natural area. (A) The City Manager or their designee shall designate a "Natural Areas Officer" who is knowledgeable in public lands that are managed to protect, create and/or establish habitats in collaboration with Site Stewards. (B) The Natural Areas Officer will develop, in collaboration with the Site Stewards, the policies and procedures required to manage the designated Natural Areas in the City of Evanston. (C) The Natural Areas Officer will collaborate with Site Stewards to ensure they are able to fulfil their specific ecological management plans and proposed uses. (D) Prior to designation of a new natural area, the organization, group, or City Staff proposing the new Natural Area shall collaborate with the Natural Areas Officer to conduct community education and engagement on the concept of the proposed natural area, its ecological management plan, boundaries and proposed uses. SECTION 7: the Evanston City Code of 2012, as amended, is hereby further amended to add Section 7-10-13 “Designation of New Natural Areas”, as follows: 7-10-13. – DESIGNATION OF NEW NATURAL AREAS. (A) To be considered for designation as a Natural Area, a site will have an ecological management plan, defined boundaries and proposed use approved by the Natural Areas Officer, and must be located on public land leased to or owned by the City of Evanston. (B) A Natural Area may be managed by Site Stewards in accordance with the site’s ecological management plan, boundaries, proposed uses and regulations regarding use of public lands and subject to City ordinances. Each Natural Area must designate one Site Steward to act as a Liaison Steward who is known to, and collaborates with the Natural Areas Officer (C) A Natural Area shall be designated by agreement of the Parks and Recreation Board; Environment Board; and Natural Areas Officer, subject to approval by City Council. SECTION 8: The Evanston City Code of 2012, as amended, is hereby further amended to add Section 7-10-14 “Conservation of Natural Areas”, as follows: Page 22 of 23 33-O-26 7-10-14. – CONSERVATION OF NATURAL AREAS. (A) Modifications to a defined Natural Area may be subject to review and approval by Parks and Recreation Board, the Environment Board, Natural Areas Officer and the Liaison Steward of that Natural Area. Such modifications include changes in its ecological management plan, boundaries, and/or proposed uses. The Liaison Steward or their designee for each Natural Area must prepare(B) an annual report and submit annually to the Natural Areas Officer. If a Natural Area has been modified in a way that is not consistent with its(C) approved management plan, boundaries, and/or proposed uses, the Natural Areas Officer will work with the Liaison Steward from that Natural Area to restore compliance with the approved management plan, boundaries and/or proposed uses. 1. If there are no Site Stewards available from the Natural Area found to be out of compliance, the Natural Areas Officer will collaborate with Site Stewards from the other Natural Areas to devise a plan to restore compliance with the approved management plan, boundaries and/or proposed uses. If a Natural Area is left without volunteer management for a continuous(D) period of twelve (12) months, the City will assume the management of that Natural Area. If a Natural Area is no longer in public land, the Natural Areas Officer will(E) recommend that the City Manager revoke Natural Area status after review by the Parks and Recreation Board, Environment Board with final approval of the City Council. Introduced:_________________, 2026 Adopted:___________________, 2026 Approved: __________________________, 2026 _______________________________ Daniel Biss, Mayor Attest: _____________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Alexandra B. Ruggie,Corporation Counsel Page 23 of 23 April 13 April 27