Victoria By-law 09-079, s. 96(10) — Streets and Traffic Bylaw

A person may plant or maintain a garden on a boulevard, provided:

• (a) the person owns or occupies the property immediately adjacent to the portion of boulevard which the person is gardening,
• (b) the person provides the City’s Director of Parks and Recreation written notice of that person’s intention to garden in the boulevard 30 days prior to commencing any gardening activities,
• (c) the notice set out in paragraph
• (b) includes the person’s full name, address and telephone number where that person can be contacted,
• (d) the person does not
• (i) install any permanent structures on the boulevard, including but not limited to irrigation systems and affixed ornaments,
• (ii) cut or otherwise damage the roots, trunks, bark or branches of the boulevard trees, or
• (iii) affix signs, trellises or other objects to a boulevard tree,
• (f) none of the garden beds:
• (i) exceed 8m in length or width, or
• (ii) are raised in excess of 45cm,
• (g) all plants and garden beds are at least:
• (i) 60cm from any curb adjacent to a permitted parking area, and
• (ii) 1.5m from fire hydrants, utility poles, bus shelters, concrete bus pads,
• (h) none of the garden plants:
• (i) impede sightlines for pedestrians or vehicles. 24-024
• (ii) hang over or grow into a street,
• (i) upon receiving notice from the City’s Director of Parks and Recreation that any or all of the garden obstructs or interferes with the sight-lines, mobility or safety of vehicles or pedestrians, the person trims, alters or removes the boulevard garden, or portions thereof, to the satisfaction of the City’s Director of Parks and Recreation,
• (j) the person keeps the garden well-maintained, and
• (k) that when the garden maintenance stops, that person removes the garden and returns the area to the state it was in immediately before the garden was planted.