Ontario Municipal Code Ch. 2 Parkway Trees

This chapter may be cited as the “Parkway Tree Regulations” of the City.

(§ 1, Ord. 1664, eff. October 5, 1967)

The purposes of this chapter are to preserve parkway trees, to regulate the maintenance and removal of such trees, and to establish the varieties, minimum size, methods, and locations for the planting thereof, and other related matters.

(§ 3, Ord. 1664, eff. October 5, 1967)

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) “Block” shall mean any and all real property located between two (2) public thoroughfares, except alleys.

(b) “City” shall mean the City of Ontario, a municipal corporation; the Council thereof; the Parks Director; or any employee or agent thereof duly appointed to administer the provisions of this chapter.

(c) “Curbline” shall mean the face of existing curbs of the locations at which the curb face is to be built in conformance with the Master Plan of Streets and Highways, design standards, or approved improvement plans.

(d) “Owner” shall mean any person holding title to real property abutting upon public rights-of-way, or any lessee, assignee, tenant, or agent thereof. For the purposes of this chapter, prime responsibility for compliance shall rest upon whichever of such persons is the occupant or user of the property, and ultimate responsibility shall rest upon the legal title holder.

(e) “Parkway” shall mean that portion of any public street right-of-way between the right-of-way boundary line and the curb line, and also the area enclosed within the curblines of a median divider.

(f) “Solar collector” shall mean any fixed device, structure, or part of a device or structure which is used primarily to transform solar energy into thermal, chemical, or electrical energy. The solar collector shall be used as part of any system which makes use of solar energy for any or all of the following purposes:

(1) Water heating;

(2) Space heating and cooling;

(3) Power generation.

(g) “Tree” shall mean plant materials having a single upright woody stem or trunk, maturing at a height in excess of ten (10) feet.

(§ 2, Ord. 1664, eff. October 5, 1967, as amended by § 1, Ord. 2249, eff. October 20, 1983)

It shall be the responsibility of the owner to water any tree located in a parkway abutting his property as necessary to promote healthy growth and protect the improvements within the parkway and to do such trimming as can be done from the ground to preserve the neat appearance and obstructed use of the parkway. The City shall be responsible for all major pruning (except as provided in § 10-2.12) or other tree surgery and the control and treatment of insect pests and diseases.

(§ 4, Ord. 1664, eff. October 5, 1967, as amended by § 1, Ord. 2249, eff. October 20, 1983)

No person shall cut, carve, mutilate, or otherwise do harm to any tree in any park, parkway, or public place, or prune or top such trees except as provided in this chapter, or to apply or allow to exist upon any parkway or tree any substance harmful to such trees.

(§ 4, Ord. 1664, eff. October 5, 1967)

No person shall remove or relocate any parkway tree without prior authorization from the Public Works Agency of the City. A parkway tree may be removed by the City for any of the following reasons:

(a) Visual hazard. Obstructing sight distance necessary for the safe operation of vehicles at street intersections, or obscuring in an otherwise incurable manner any traffic or railroad crossing signal or other safety device.

(b) Safety hazard. Any condition deemed to be an immediate hazard to life or property which cannot otherwise be corrected.

(c) Condition. Dead, decayed, or diseased beyond correction.

(d) Unauthorized. Planted without a permit, improper location or variety, or prohibited type.

(e) Where the removal is necessary to reasonably utilize solar collectors, and:

(1) Thirty (30) days prior to installation of the solar collectors, the City was notified in writing of the intent to install such collectors;

(2) The solar collectors, where possible, are located so that no street tree removal is required; and

(3) The removal of such tree or trees will not be detrimental to the general public.

(§ 5, Ord. 1664, eff. October 5, 1967, as amended by § 2, Ord. 2249, eff. October 20, 1983)

Whenever feasible, the planting of a replacement parkway tree shall be a condition included in any permit issued by the City for the removal of any parkway tree. Trees removed pursuant to the provisions of § 10-2.06(c) of this chapter shall be replaced by the City whenever feasible. Trees planted within parkway areas shall be in accordance with the following criteria:

(a) Planting stock shall be of normal shape or conformation and not less than one (1) inch caliper at its base.

(b) Container stock shall not be root bound or have serious root deformations due to confinement in the container.

(c) When planted, trees shall be staked in the manner prescribed by the City.

(d) Parkway trees shall be planted at approximately sixty (60) foot intervals or one (1) per lot frontage. On corner lots, two (2) or more trees may be required on the side frontage; provided, however, no tree shall be planted within twenty five (25) feet of any curb return; and provided further, the owner may plant more of the same tree if the species permits and visual safety is not impaired.

(e) In any commercial or industrial zone, consideration of tree planting proposals to be incorporated in landscaping of the site may be requested in writing accompanied by a site plan and/or planting diagram.

(f) Trees shall be planted in line with existing trees, or midway between the back of the curb and the near edge of the standard sidewalk, or on a line equivalent thereto if a curb and/or sidewalk has not been constructed.

(g) The construction of a sidewalk in addition to the standard sidewalk extending to the curb shall provide openings not less than four (4) feet square centered around existing trees or located as directed by the City. The provision of such tree wells shall include the planting of the parkway tree. Specifications shall be included in the Official Parkway Tree List provided for in § 10-2.08 of this chapter.

(h) No parkway trees shall be planted in a parkway abutting property which is undeveloped and unoccupied. In any such case where the planting of a parkway tree is required, the cash-in-lieu deposit, as provided in § 10-2.09 of this chapter, shall be accepted and used by the City for the purchase and planting of such trees when the property has been occupied.

(§§ 6A through G and J, Ord. 1664, eff. October 5, 1967)

It shall be the duty of the Public Facilities Manager to maintain an Official Parkway Tree List. The Official Parkway Tree List shall be established and amended by resolution of the Council and shall designate the variety, planting stock specifications, and other information regarding trees to be planting on each block of each public street or highway within the City.

(§ 6H, Ord. 1664, eff. October 5, 1967)

It shall be the duty of the Public Facilities Manager to establish from time to time a fair value for the cash-in-lieu deposit to be accepted by the City as an alternate to the actual planting of any required parkway tree.

(§ 6I, Ord. 1664, eff. October 5, 1967)

The Council shall designate the officials to administer the provisions of this chapter.

(§ 7, Ord. 1664, eff. October 5, 1967)

The failure of any person to comply with the provisions of this chapter within forty eight (48) hours after receiving a notice of the violation thereof shall be a violation of this chapter, and each day such noncompliance continues shall constitute a separate offense. The foregoing provision notwithstanding, when any violation is deemed by the City to constitute an immediate hazard to health or safety, the City shall eliminate such hazardous violation and thereafter shall recover the costs incurred from the owner in any lawful manner.

Notice of violation shall be given in writing by the City and served upon the owner in person, if possible. If personal service is not possible, the notice shall be sent by mail, receipt requested, and a copy of the notice shall be conspicuously posted at the site of the violation.

In addition to the penalty provided in Chapter 2 of Title 1 of this Code for violations, when the owner fails to respond to such notice, the City may cause the violative condition to be corrected and costs levied against the property and collected from the owner in any lawful manner.

(§ 7, Ord. 1664, eff. October 5, 1967)

In particular, the City encourages the planting and maintenance of drought tolerant trees and shrubs to create shading, moderate outdoor temperatures, and provide various economic and aesthetic benefits. However, there are certain situations in which the need for widespread use of alternative energy devices such as solar collectors requires specific and limited controls on trees and shrubs.

All street trees that require removal or pruning to allow for adequate operation of solar collectors shall be removed or pruned at owners expense. All work must be approved by the City and shall meet City specifications. All street tree removals must meet the requirements of § 10-2.06(e).

(§ 3, Ord. 2249, eff. October 20, 1983)