§ 10-1

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Amplified sound” shall mean any sound projected and transmitted by electronic equipment, including amplifiers, but not including standard battery operated radios or automobile radios and tape cassettes when used and heard only by the occupants of the vehicles in which the automobile radio or tape cassette is installed. (b) “Building” shall mean any structure or building, or any portion thereof, under the supervision of the Public Works Agency and used for recreational purposes. (c) “City” shall mean the City of Ontario. (d) “Commission” shall mean the Recreation Commission of the City. (e) “Director” shall mean the Recreation Director or designee. (f) “Park” shall mean and include all parks, median parkways, gardens, lakes, plazas, tot-lots, trails, and any other property owned by the City, including any park facilities and structures thereon, and used, operated, or maintained for recreational purposes, whether active or passive. "Park" shall include any property owned and maintained as open space, including undeveloped sites for future parks. (g) “Park facility” shall mean those facilities located in parks and used for recreational purposes, which facilities shall include, but not be limited to, athletic fields and courts, baseball and softball diamonds, De Anza Bowl, picnic pavilions, swimming pools and any other park facility used, operated, and maintained for recreational purposes. (h) “Person” shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. (§ 1, Ord. 2114, eff. January 15, 1981)

City parks are established for the use and enjoyment of all persons in the pursuit of recreation, whether active or passive. It is the City's responsibility to promote the health, peace, safety, welfare, and convenience of all persons in regard to their use and enjoyment of any City-owned park defined in § 10-1.01(f) of this chapter. The Council finds that to give practical effect to this policy and to insure that all persons may enjoy such parks, it is necessary to regulate the use of City-owned parks. (§ 1, Ord. 2114, eff. January 15, 1981)

No person shall enter, be or remain in any City park unless he complies with all the regulations and conditions set forth in this chapter. (§ 1, Ord. 2114, eff. January 15, 1981)

Portions of the City's parks may be made available for the exclusive use of persons and groups for outdoor assembly activity, subject to the issuance of a permit by the Director or his duly authorized representative and subject to the payment of fees therefor. No exclusive use of any park for a pre-advertised outdoor activity consisting of the assembly of twenty five (25) or more persons may be made without the issuance of an exclusive use park permit therefor, the purpose of which is to protect the rights of all persons to enjoy and make use of such parks, to protect the rights of those in surrounding areas, and to protect the public health, peace, safety, and welfare. All applications for an exclusive use park permit shall be signed or cosigned by an adult, which adult shall agree to be responsible for such exclusive use. No exclusive use park permit will be granted for the time and place specified in the application if, prior

to the time the application was filed, the City has scheduled a City-sponsored event at the same time and place as the activity proposed in such application. No exclusive use park permit shall be granted for any outdoor assembly or assembly activity during any of the time between one (1) hour before sunset and one (1) hour after sunrise, unless the park has the appropriate lighting for such location or program. (§ 1, Ord. 2114, eff. January 15, 1981)

Any person applying for an exclusive use park permit shall file an application in writing for such permit with the Director not less than ten (10) working days nor more than six (6) weeks prior to the proposed use of the park. The Director may extend the ten (10) day period if the permit requires approval by the Council. The Director may waive the ten (10) working day period if the applicant waives all appeal rights. Such application shall contain the following: (a) The name of the applicant, the sponsoring organization, and the name of the person in charge of the proposed activity; (b) The addresses and telephone numbers of those named in subsection (a) of this section; (c) The park and/or areas of the park being applied for; (d) The starting time of the proposed activity; (e) The finishing time of the proposed activity: (f) The number of persons expected; (g) Any additional City facilities requested, such as personnel, tables, chairs, and the like; (h) The nature of the proposed activity or activities, including the equipment and vehicles to be brought into the park, the nature and duration of the use of such equipment, and the nature and duration of the use of any amplified sound, whether for speech or music; and (i) The estimated number of parking spaces required. (§ 1, Ord. 2114, eff. January 15, 1981)

(a) The Director, in considering requests from applicants for exclusive use park permits, shall insure that the proposed use will not be detrimental to the public health, peace, safety, or general welfare. The Director shall grant or deny such application on or before ten (10) working days after the filing of the application, unless the time for such granting or denial of the permit has been waived by the applicant in writing. (b) The Director shall grant the application and upon granting any permit, may impose reasonable requirements and conditions concerning the use of the park by the applicant, including time limitations on permit activities and any other reasonable terms, provisions, and conditions as required by this chapter and as he deems necessary to protect the property of any person and the public health, peace, safety, and welfare. (c) The number, location, and type of officers shall be determined and specified by the Police Chief or his designee to provide for the preservation of order and the protection of property in and around the place of the event. Funds to employ the specific number of law enforcement officers at the current hourly salary rate for the Police Department shall be deposited with the City at least ten (10) days prior to the specified date the event is to occur. One (1) law enforcement officer for every five hundred (500) persons expected to be in attendance shall be required, with a minimum of two (2) officers. Where the Police Chief specifies the employment of off-duty peace officers to meet the requirements of this section, such peace officer shall be under the complete direction and control of the Police Chief. The Police Chief shall be

satisfied that the requisite number of peace officers will be provided at all times of operations, plus any specified time prior to and following the event, before a license is issued. (See § 5-16.08(a)) (d) The applicant, or another responsible person named on the application, shall remain on the premises for which the permit is issued during the entire duration of the permit; failure to observe this condition shall be grounds for the immediate cancellation of the permit by the Director. (e) The Director may grant the application for a park other than that applied for with the consent of the applicant in the event a permit has already been issued for said park or said park does not meet the needs of the applicant or is otherwise unsuitable. In the event more than one application is received for a park for use on the same day, the Director shall act upon the application first received. (f) The Director shall deny the application if he finds that any of the following conditions exist: (1) That the application reveals that the City has no park which will accommodate the activity of the applicant. (2) That the proposed activity or use of the park will unreasonably interfere with or detract from the general public use and enjoyment of the proposed park; (3) That the proposed activity will not be in compliance with Federal, State, and local laws; (4) That the applicant has failed to agree to provide a reasonable means of informing all of the persons participating in the proposed activity of the terms and conditions of such permit; (5) That the applicant refuses to agree in writing to comply with all the conditions in the permit; or (6) That the applicant has failed to file a timely application, unless waived by the Director and the applicant waives all rights of appeal. Such denial shall specify the grounds therefor and provide notification of the applicant's right of appeal. (§ 1, Ord. 2114, eff. January 15, 1981)

The City's park facilities and buildings shall be made available for the exclusive use of individuals or groups, subject to the issuance of a permit by the Director or his duly authorized representative and subject to the payment of fees therefor as provided by resolution. Closing times for each park and building shall be set by the Director and shall be uniformly applied. No exclusive use permit will be granted if, prior to the time the application was filed, the City has scheduled a City-sponsored event at the same time and place as the activity proposed in such application. (§ 1, Ord. 2114, eff. January 15, 1981)

Any person applying for a permit for the exclusive use of a park facility or building shall file an application in writing for such exclusive use permit with the Director not less than ten (10) working days in advance, but not more than six (6) weeks prior to the proposed use of such park facility or building. The Director may extend the ten (10) day period if the permit requires approval by the Council. The Director may waive the filing period if the applicant waives all rights of appeal. Such application shall contain the following: (a) The name of the applicant, the sponsoring organization, and the name of the person in charge of the proposed activity; (b) The addresses and telephone numbers of those named in subsection (a) of this section; (c) The park, park facility, building, or room applied for; (d) The starting time of the proposed activity; (e) The finishing time of the proposed activity; (f) The number of persons expected to attend the activity;

(g) Any additional City facilities requested, such as personnel, tables, chairs, and the like; and (h) The nature of the proposed activity or activities, including the equipment to be brought into the building, and the nature and duration of the use of such equipment. (§ 1, Ord. 2114, eff. January 15, 1981)

(a) The Director shall grant or deny such application on or before ten (10) working days after the filing of the application, unless the time for such granting or denial of the permit has been waived by the applicant in writing. (b) The Director shall grant the application when the application contains information showing that the number of persons expected at the activity complies with the occupancy load of the building as determined by the Building Department in accordance with Chapter 1 of Title 8 of this Code and, upon granting such permit, may impose reasonable requirements and conditions concerning the use of such park facility or building with respect to the time and duration of use, the number of persons allowed in the building, or any other such reasonable terms, provisions, and conditions as required by this chapter and as he deems necessary to protect the public health, peace, safety, and welfare. (c) The Director may grant the application for a park facility or building other than that applied for with the consent of the applicant in the event a permit has already been issued for said park facility or building or that the building does not meet the occupancy load requirements. In the event more than one application is received for the same park facility or building for use at the same time, the Director shall first act upon the application first received. (d) The Director shall deny the application if he finds that any of the following conditions exist: (1) That no building with the required occupancy load capacity is available; (2) That the park facility or building is ill-suited to the activity described in the application; (3) That the applicant refuses to agree in writing to comply with the conditions in the permit; (4) That the applicant has failed to file a timely application, unless waived by the Director and the applicant waives all rights of appeal; or (5) That the proposed activity will not be in compliance with Federal, State, and local laws or would not be in the interests of the public health, peace, safety, and welfare. Such denial shall specify the grounds therefor and provide notification of the applicant's right of appeal. (§ 1, Ord. 2114, eff. January 15, 1981)

The applicant for any permit hereunder shall indemnify and save harmless the City, and all officers and employees thereof, from any suits, claims, or actions brought by any person for or on account of any injuries or damages sustained because of or arising out of the exclusive use of any park, park facility, or building granted under an exclusive use park or park facility, and building use permit. The Director may require an applicant for any permit issued in accordance with the provisions of this chapter to post a cash deposit and/or a good and sufficient surety bond, written by a corporate bonding company authorized to do business in the State by the Department of Insurance of the State, with the City in a sum designated by the Director, conditioned that such application will hold and save the City harmless from any and all costs, damages, or expenses that the City or any of its officers may incur or be obligated to pay by reason of the granting of such permit, including damages to park growth, facilities, buildings, and other City-owned property. The Director may require the applicant to post a like surety bond indemnifying any property owners adjoining such park site for any costs necessitated for repairing damages to their property and/or for cleaning up and/or removing debris, trash, or other waste from, in, and around their premises.

Such surety bond, if required, shall be placed on file with the City Clerk prior to the issuance of any permit. (§ 1, Ord. 2114, eff. January 15, 1981)

(a) Required. A fee shall be charged for any permit issued pursuant to this chapter, and special fees shall be charged in addition to such permit fee for the exclusive use of any park, recreational building, and park facility. The amount of such fees shall be fixed from time to time by the Council by resolution; provided, however, no change in such amounts shall be effective less than thirty (30) days after the date of the motion changing the amounts. (b) Collection of charges. The fees for the issuance of a permit and the exclusive use of parks, recreational buildings, and park facilities shall be shown on a special billing and shall be paid at the recreation office prior to the issuance of any permit. (c) Deposit in the General Fund. When such fees are collected, the moneys shall be deposited in the General Fund of the City. (§ 1, Ord. 2114, eff. January 15, 1981)

The Director at any time may suspend or revoke a permit issued pursuant to this chapter when he has reasonable cause to believe that a permittee has violated or is causing or permitting a violation of this chapter, including the conditions set forth by the Director granting such permit, or any pertinent Federal, State, County, or City law, or when it has been shown to his satisfaction that the activities so permitted are being conducted in a manner detrimental to the public health, peace, safety, or welfare of the City. The Director may also suspend or revoke any such permit if he has probable cause to believe the permittee has misrepresented, falsified, or concealed any material fact in the application therefor. (§ 1, Ord. 2114, eff. January 15, 1981)

Permits issued pursuant to this chapter shall be nontransferable. (§ 1, Ord. 2114, eff. January 15, 1981)

Any person or persons who may consider themselves substantially aggrieved by the issuance of any permit as provided in this chapter may file written signed objections with the Director after the issuance of such permit setting forth the name and address of the party aggrieved and the reasons for the objections. Upon such objections being filed with the Director, the permit shall be suspended if, in the Director's determination, such objections are justified in accordance with the provisions of this chapter; provided, however, if the Director determines that the objections are not justified in accordance with this chapter, he shall notify the objectors of such a determination. (§ 1, Ord. 2114, eff. January 15, 1981)

With respect to any permit issued pursuant to this chapter, any applicant or objector may appeal the decision of the Director regarding the issuance of any permit as provided in this chapter to the Recreation Commission. The applicant or objector shall file such appeal with the Director within five (5) working days after the Director's mailing of such decision. Upon any such notice of appeal or objection being received by the Director, the application, together with such notice of appeal and/or written objections, together with the report and file relating thereto, shall be forwarded to the Commission as soon as reasonably practicable. Upon the receipt of such material, the Commission shall hold a hearing on such application, such hearing to be held within the City at the earliest reasonable date thereafter, at which time the applicant and/or any objectors may present any and all evidence, testimony and information relevant to the application. The applicant, along with any objectors, shall be mailed postpaid a notice of the hearing thereof to their last known address at least five (5) days prior to such a hearing. The Commission, within twenty four (24) hours after such appeal hearing, shall issue a decision either affirming the denial of the application or advising the Director to issue a permit as applied for subject to reasonable terms and conditions as set forth in this chapter. After an appeal to the Recreation Commission, any applicant or objector who deems himself aggrieved by any action or determination of any official of the City as provided in this chapter may appeal to the Council within five (5) days after such action or determination by filing a written notice of appeal with the Director. The notice of appeal will be sufficient in form if it contains the names and addresses of the applicants or objectors and states that the appeal is from an action of the Director in either granting or denying application no. made by (name of the applicant) for an outdoor assembly or general facility and building use permit. The Director shall forthwith send any appeal, together with a copy of the application and any objections thereto, along with the determination of the Recreation Commission on such application, to the City Clerk. Upon any such notice of appeal or objection being received by the City Clerk, the application, together with such notice of appeal or written objections, together with the report of the Director, Commission determinations, and file relating thereto, shall be forwarded to the Council as soon as reasonably practicable, and the Council shall thereupon determine whether or not such permit shall be issued after a hearing thereupon. Such hearing shall be held within the City at the earliest reasonable time thereafter; provided, however, the applicant and any such objectors shall be mailed postpaid a notice thereof to their last known address at least five (5) days prior to such hearing. All determinations by the Council after any hearing as provided in this section shall be considered final and conclusive. (§ 1, Ord. 2114, eff. January 15, 1981)

The violation of any of the terms and conditions of a permit issued pursuant to this chapter by the permittee, or any agent, servant, or employee of the permittee, is hereby unlawful and shall be grounds for revoking such permit. (§ 1, Ord. 2114, eff. January 15, 1981)

No person within any park or building shall use or attempt to use or interfere with the use of any park facility or building within such park which at the time is reserved for any other person or group who has received a permit from the Director therefor. Unless the actual use of such park facility or building referred to in any such permit is commenced within one (1) hour after the period covered by such permit begins, such permit shall thereupon be void, and all rights under such permit may be cancelled by the Director. (§ 1, Ord. 2114, eff. January 15, 1981)

It shall be unlawful for any person or group to engage in any commercial activity, including, but not limited to, the selling, offering for sale, advertising for sale, or solicitation for future delivery or performance of any goods, wares, merchandise, or services, including magazines, newspapers, periodicals, pamphlets, food, or beverages, in any park, except pursuant to a specific concession granted by the City or a permit therefor. No permit shall be issued authorizing the use of any park, park facility, or building where the activity proposed is designed to be held purely for private profit. (§ 1, Ord. 2114, eff. January 15, 1981)

It shall be unlawful for any person or group to use any system for amplifying sound, as defined in § 10-1.01(a) of this chapter, whether for speech or music, in any City-owned park without first securing an exclusive use permit for such purpose. (§ 1, Ord. 2114, eff. January 15, 1981)

(a) It shall be unlawful for any person, other than City employees engaged in official duties, to ride, drive, or otherwise allow any motor-powered bicycle, motor scooter, motorcycle, automobile, or any other fuel-powered vehicle upon the grass portions of any City-owned park or parkway, except upon paved streets within such parks, unless special approval is granted by the Director as a condition of a permit issued pursuant to this chapter. (b) It shall be unlawful for any person, except City employees engaged in official duties, to operate any motorized vehicle upon any City-owned trail system, except to cross a paved trail system when it is a part of the City's street right-of-way. (c) It shall be unlawful for any person to park any motorized vehicle in any City-owned park, except in established or designated parking areas, unless special approval is granted as a condition of a permit issued pursuant to this chapter. (§ 1, Ord. 2114, eff. January 15, 1981)

It shall be unlawful for any person to fly any motorized airplane, rocket projectile, or other similar device or to ride, operate, or drive any midget automobile in any City-owned park, or allow the same to be operated in any City-owned park, parkway, or trail, except in such areas as may be specifically designated for such use by resolution of the Council. (§ 1, Ord. 2114, eff. January 15, 1981)

It shall be unlawful for any person to lead, ride, or drive any horse, mule, or other hoofed footed animal on the grass portions of any City-owned park, parkway, or bike trail, except upon the oiled or paved streets within such parks or on specifically designated equestrian trails. The provisions of this section shall not apply to horses ridden by on-duty police officers and the Ontario Mounted Police volunteers.

(§ 1, Ord. 2114, eff. January 15, 1981, as amended by § 1, Ord. 2602, eff. December 7, 1995)

It shall be unlawful for any person to allow any dog within any City-owned park, or upon any parkway or trail, unless such dog is maintained upon a leash not to exceed six (6) feet. (§ 1, Ord. 2114, eff. January 15, 1981)

It shall be unlawful for any person to drive, hit, or putt any golf ball or to use any golf club in any City-owned park or upon any parkway or trail, except in such areas as may be designated by the City. (§ 1, Ord. 2114, eff. January 15, 1981)

It shall be unlawful for any person, other than a duly authorized City employee or City contractor in the performance of his duties, to dig, remove, destroy, injure, mutilate, or cut any tree, plant, shrub, bloom, or flower, or any portion thereof, growing in any City-owned park, median parkway, or trail, unless specifically authorized to do so by the Parks Director or by resolution of the Council. (§ 1, Ord. 2114, eff. January 15, 1981)

It shall be unlawful for any person, other than a duly authorized City employee or contractor in the performance of his duties, to remove any wood, turf, grass, soil, rock, sand, or gravel from any City-owned park, median parkway, or trail, unless specifically authorized to do so by the Parks Director or by resolution of the Council. (§ 1, Ord. 2114, eff. January 15, 1981)

It shall be unlawful for any person, other than a duly authorized City employee or City contractor in the performance of his duties, to: (a) Cut, break, injure, deface, or disturb any building, rock, monument, sign, fence, bench, structure, apparatus, equipment, or property in any City-owned park, parkway, or trail; (b) Mark or place thereon any mark, writing, or printing; or (c) Attach thereto any sign, card, display, or other similar device, except as specifically authorized by permit. (§ 1, Ord. 2114, eff. January 15, 1981)

It shall be unlawful for any person to light or maintain any fire in any City-owned park or upon any parkway or trail, unless such fires are lighted and maintained in “on-site” barbecue apparatus or personal portable barbecue apparatus within designated picnic areas, and such fires and coals shall be fully extinguished before persons maintaining such fires leave the picnic area. (§ 1, Ord. 2114, eff. January 15, 1981)

(a) Except as provided in this section, it shall be unlawful and a misdemeanor for any person to enter upon or remain in any City-owned park from 9:00 p.m. on one day until sunrise on the following day. The City Council may by resolution declare an earlier hour of closure of a City-owned park in order to mitigate impacts of activities at said park. It shall be unlawful and a misdemeanor for any person to enter upon or remain in a City-owned park when closed pursuant to any such approved resolution, provided the hours are posted at the park. (b) This section shall not apply to: (1) A public officer or employee acting within the course and scope of his or her employment; (2) A person attending an organized athletic event or other function for which written permission or permits have been obtained from the Recreation Department, while such event or function is taking place and for one (1) hour thereafter (§ 1, Ord. 2114, eff. January 15, 1981, as amended by § 5, Ord. 2150, eff. November 5, 1981, § 1, Ord. 2783, eff. October 2, 2003, and § 3, Ord. 2923, eff. June 3, 2010)

Any public parks, recreation buildings/facilities, amenities or equipment may be closed to the public or have their use restricted upon the order of the Director, the Police Chief, the Fire Chief or their designees, whenever in his or her discretion such facility is in need of immediate renovation, or the use of that facility in any manner presents a hazard to the public welfare or safety, or otherwise is a public nuisance. Such closure shall last only so long as the conditions requiring the closure exist. It shall be unlawful and a misdemeanor for any person, other than a public officer or employee acting within the course and scope of his or her employment, to remain in such park, building, or park facility after it has been declared to be closed. (§ 4, Ord. 2923, eff. June 3, 2010)

(a) No person shall camp in a park except in an area that has been designated for camping by the Director. (b) No person shall camp in a park without first obtaining a permit from the Director pursuant to § 10-1.04. In addition to any requirement for obtaining a permit pursuant to § 10-1.04, for purposes of this section, the Fire Department shall also review the permit to assure that adequate access is provided for medical and fire emergencies, and to ensure compliance with any applicable provisions of the California Fire Code. (c) For purposes of this section, “camp” shall have the same meaning as defined in § 5-23.02. (§ 5, Ord. 2923, eff. June 3, 2010)

CHAPTER 2: PARKWAY TREES

CHAPTER 2: PARKWAY TREES

10-2.01 Title of provisions 10-2.02 Purposes of provisions 10-2.03 Definitions 10-2.04 Maintenance 10-2.05 Injuring 10-2.06 Removal: Permits 10-2.07 Planting: Permits 10-2.08 Official Parkway Tree List 10-2.09 Cash-in-lieu deposits 10-2.10 Administration of provisions 10-2.11 Violations of provisions 10-2.12 Solar collector consideration