§ 6-12

The City Council of the City of Ontario does hereby find and declare that there exist within the City serious and hazardous wind erosion problems creating conditions that affect the health, safety, welfare and property of the residents of the City. These conditions exist because of the improper and untimely disturbance of the surface or subsurface of the land, the soil of which is coarse-textured and of a sandy nature, and because of the character and presence of strong prevailing winds, seasonal and otherwise, which progressively erode the land and blow it in substantial quantity onto public roads and other public and private properties. (§ 2, Ord. 2138, eff. August 20, 1981, as amended by § 1, Ord. 2548, eff. July 1, 1993)

The Building Official will be responsible for the enforcement of this chapter. (§ 2, Ord. 2138, eff. August 20, 1981, as amended by § 1, Ord. 2548, eff. July 1, 1993)

(a) Except as provided in subsection (c), it shall be unlawful for any person or any agent thereof who owns or is in possession or control of land to disturb the surface or subsurface of land (by excavating, leveling, cultivating, discing, plowing, blading, removing residues, natural or planted, tree, vine or root crops, or by disturbing or spreading a substantial quantity of similar soil on said land, or by any other action likely to cause or contribute to wind erosion of said land, or to aggravate said erosion thereon at any time) without first having obtained a valid permit therefor and having complied with the terms of said permit as provided for in this chapter. (b) It shall be unlawful for any person or any agent thereof who obtains a valid permit to fail to comply with the terms of said permit. (c) A permit will not be required to disturb the surface or subsurface of the land under the following circumstances; however, prevention of dust storms pursuant to § 6-12.04 will still be required: (1) When such activities are required by another ordinance, statute, rule or regulation; (2) When necessary to grade, trench or otherwise install, repair or replace utility services within the boundaries of utility or public rights-of- way; or (3) When the disturbance or the proposed activity is confined to an area of one (1) acre or less.

(d) The term of the permit shall be one (1) calendar year from the date of issue. (e) The annual permit fee shall be as follows: (1) For agriculture, Ten Dollars ($10.00) plus Fifty Cents ($0.50) per acre; and (2) For other than agriculture, Two Hundred Fifty Dollars ($250.00) plus Five Dollars ($5.00) per acre for each acre over ten (10). (§ 2, Ord. 2138, eff. August 20, 1981, as amended by § 1, Ord. 2548, eff. July 1, 1993)

To conserve the natural resources within the City, and to minimize the injurious effects of dust storms, the owner and all persons in possession of real property within the City shall prevent dusts blowing therefrom as nearly as that can be done by the taking of reasonable measures and means. (§ 2, Ord. 2138, eff. August 20, 1981, as amended by § 1, Ord. 2548, eff. July 1, 1993)

(a) Application for the permit required by this chapter shall be made in writing to the Building Official on forms provided by the City for this purpose, and shall set forth such information required to enable the Building Official or his or her deputy to fix and prescribe appropriate conditions which will prevent or minimize wind erosion of the permittee's soil. (b) The permit shall be subject to such conditions as the Building Official may require which will assure that surface protection at or prior to the time of the disturbance of the surface or subsurface of the land is provided for, so as to prevent the soil on said land from being eroded by wind and blown onto public roads or other public or private property. Such protective measures as required by the Building Official shall be provided by means of agricultural measures, or any other effective method or combination of methods of holding the soil in place as determined by the City Council. (c) Any applicant may appeal to the City Council the decision of the Building Official in disapproving a permit as required herein, or the conditions of approval imposed by said Building Official. The appeal shall be taken in accordance with Chapter 4 of Title 1 of this Code. (§ 2, Ord. 2138, eff. August 20, 1981, as amended by § 1, Ord. 2548, eff. July 1, 1993)

The Building Official may issue a temporary stop work order, and the subject soil disturbing operation shall be stopped subject thereto, whether a permit has been issued or not, when: (a) A permit has been issued, but not all of the permit requirements have been complied with. The stop work order may require that all work cease until all the permit requirements have been met. (b) Operations are in progress, with a permit or not, and weather conditions are such that substantial dust is being carried into the air. The stop work order may require that all work cease until the current dust air pollution is abated. (c) Operations are in progress, regardless of weather conditions, and a soil disturbance permit has not been issued. The provisions of this section shall not be subject to an appeal. (§ 2, Ord. 2138, eff. August 20, 1981, as amended by § 1, Ord. 2548, eff. July 1, 1993)

No person shall violate any provision or fail to comply with any of the requirements of this chapter, the provisions of the San Bernardino County Code, or any secondary code referred to therein. Any person violating any of the provisions of filing to comply with any of the mandatory requirements of this chapter, the provisions of the San Bernardino County Code, or any secondary code referred to therein, shall be guilty of a misdemeanor, and upon conviction, shall be punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment for a period not exceeding six (6) months, or by both such fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which the violation of any provision is committed, continued or permitted by such person, and shall be punishable accordingly. (§ 2, Ord. 2138, eff. August 20, 1981)

CHAPTER 13: SMOKING *

CHAPTER 13: SMOKING *

• Editor's note: Local regulations on smoking in enclosed places of employment have been suspended by Cal. Labor Code § 6404.5; however, pursuant to Cal. Labor Code § 6404.5(i), if the statute is repealed or amended so that the smoking prohibition is no longer applicable to all enclosed places of employment in the State, then this chapter shall be fully enforceable. 6-13.01 Findings and declaration 6-13.02 Definitions 6-13.03 Publicly owned buildings 6-13.04 Elevators 6-13.05 Day-care centers 6-13.06 Theaters, auditoriums, sports arenas, and the like 6-13.07 Eating establishments 6-13.08 Public restrooms 6-13.09 Rooms or areas designated by owner or manager 6-13.10 Office workplace 6-13.11 Posting of no smoking signs 6-13.12 Structural modifications not required 6-13.13 Exemptions 6-13.14 Penalties