f

APPROyED AS TO FORM AND LEGALITY

INTRODUCED BY COUNCIL
t

CITY

pu ~
JMH:la

ORDINANCE NO_ ~~ O38

AN

ORDINANCE

ARTICLES

AMENDING

AND

OF

C.
S.,
M. THE OAKLAND
INCLUDE

SYSTEM

ENFORCEMENT

the

WHEREAS,

Municipal

Code

infractions

would

OF

TTORN[T

C.M.S.
CHAPTER

1,

ORDINANCE NO. 278

MUNICIPAL CODE, TO

INFRACTIONS

IN

ITS

PROVISIONS

enforcement
enhanced

be

provisions of the
by the inclusion

Oakland
of
an

system, now, therefore

The

Council

of

the

City

of

Oakland

does

ordain

as

follows:
SECTION

1.

amended, the

Chapter 1, Articles 3 and

Oakland Municipal Code,

of

are

Ordinance
amended

to

No

278,

read

as

as

follows:
ARTICLE

PENALTIES
SECTION
a.

101.
3.VIOLATIONS
Unless

misdemeanor.

Any

provisions

of

this

the

jail

county

five

hundred

MISDEMEANOR.

otherwise provided
the provisions or

violating any
the regulatory requirements
of

AS

person

not

code

in

this

failing

to

code, any person

comply with any

of

of

this code shall be

guilty of a
convicted of a misdemeanor under the

shall

exceeding

be
6

punishable by imprisonment in
or by
fine not exceeding
by both.

months

dollars ($
500.
00) or

b.
be

Except as otherwise provided in this code, each person

guilty of a separate offense for each and every day
during any portion of which any violation of any provision of
this code is committed, continued or
permitted by such person
and
shall
be
punishable accordingly.
In
addition to the
penalties here and above provided, any condition caused or
permitted to exist in violation of any of the provisions of this
code shall be deemed a
public nuisance and may be summarily
abated as such by the
City of Oakland.
shall

jp~~

z ~ ~`

agent of the Housing Authority of the City of

Oakland

the

within
a

for each

or

return

Housing Authority
72

peace

Housing
h) Article
i) Article
section

hours

of

the

to

the

after

property of

City

of

asked

to

Oakland

leave
being
authorized agent of the
Authority of the City of Oakland.
14. Mechanical or Electronic Games
17. Bingo Games with exception of
329
17. which shall remain a
officer

by

or

misdemeanor punishable by a $ 00
10,
000. fine.
j) Article 18. Abatement of Illegal Scrapyards
and Recycleable Materials Held
Illegally in

Open Storage.
3.

Chapter
a)
b)
c)
d)
e)
f)

4.

g)
h)
5.

Businesses, Professions

Article

Article
Article
Article
Article
Article

Chapter
a)
b)
c)
d)
e)
f)

5.

6.

Article
Article
Article
Article
Article
Article
Article
Article

Chapter

7.

a)
b)
c)

Article
Article
Article

d)

Article

and

Trades

1.
Taxation and Control
20. Transient Occupancy Tax
22. Cigarette Tax
23. Utility Users Tax
26. Bedroom Tax
27. Real Property Transfer Tax

Public

Works

1.

Sidewalks

2.

Streets

3.

Parks

4.

Garbage Disposal

5.

Water

6.
7.

Building

and

and

Curbs

Boulevards

Courses

Sewers
Sewer Service
Park Permits

8.
Land

and

Resource

Development

2.

Building

Numbers

3.

Set

Lines

4.

Real

Back

Estate

and Miscellaneous
Subdivision

Regulations
6.

provisions

e)

Trees, Notwithstanding the

of

section 01
13.b of this code,
the removal of each protected tree shall be
deemed a se parate and distinct offense
punishable under this provision.
Article 7. Condominium Conservation
Ordinance

f) Article

housing
of

9.
on

Prohibiting discrimination
the

basis

minor child.

3-

of

pregnancy

or

and

tenancy

6.

Chapter
a)
b)
c)
d)

7.

9.

Article
Article
Article

5.

Article

6.

3.

Code

Permits, Inspections and Fees

Regulations and Practices

4.

Administration and Enforcement

Electrical Appliances

11.

Chapter

Political
b.
Any
provisions of

Electrical

Municipal Elections,
Signs

Article

4:

convicted
of an
infraction under the
this code
shall be punishable upon a
first
conviction of a fine of not more than $50.
00 and for a second
conviction within a period of one year by a fine of not more
than $100.
00 and for a third or any subsequent conviction within
person

period by a fine of not more than $250.00. Any

beyond the third conviction within a one year period
be
may
charged by the City Attorney or the District Attorney as
a
misdemeanor and the penalty for conviction of the same shall
be
punishable by a fine of not more than $ 500.00 by
imprisonment in the county jail for a period of not more than
six months or by both.
a

one

year

violation

ARTICLE

CITATION
SECTION

OF

VIOLATORS

101.
4. AUTHORITY TO ARREST FOR PENAL CODE VIOLATIONS.

Pursuant

to

Sec.

836.5

of

the

California

Penal

Supervising Housing Representatives of the City of

hereby authorized to enforce Section 402b of the
Penal

Code

No. 93427
SECTION

person

violators

thereof. ( As

20, 1976.

The

following officers and their subordinates shall

hereby vested with the authority to arrest any
who violates the following provisions of this code in the
provided by Section 836.5 of the California Penal Code:

and

manner

arrest

are

California
added by Ordinance

102.
4. POWER OF ARREST.

a.

have

and

C.
S.,
M. passed July

Code

Oakland

are

1. Sr. Park Maintenance

Sr. Golf Supervisor

Management Assistant
Park Specialist
Sr. Tree

Supervisor

Chapter 2,
2

Parks )

and

Chapter 3,
1, 8,

Supervisor

a:
nd

and

Chapter 7,
Animal

Control

Articles

Chapter 6, Articles
3

2.

Article

Supervisor

4-

Article

Chapter 3, Article

3.

Deputy Directors of Public

Chapter 2,

Works

Manager, Inspectional Services

Chapter 3,

and

Article 12,
Section s 14 through
21, and Article 18
Chapter 6, Articles 1,
2, 4, 6 and 7
Chapter 7, Articles 2
and 3
9

Chapter
4.

Office

of

Community Development
Housing Conservation,
Supervising Housing
Representatives

Articles

Chapter 2,
and

Articles

Chapter 3, Articles 1,
12

and

18

Chapter 6,

Articles

1,

2, 4, 6, and 7
Chapter 7, Articles
and

Chapter

5.

Oakland Housing Authority,

Chief of Security

Chapter 3, Article
13, Section 10

6.

Revenue

Chapter 5,
1, through

7.

Police
Police
Jailer

Manager

Service Technician,
Services Aide and

Articles
27

All

provisions

the

Code

of

b.
The City Manager shall have the power to
designate by
written order that particular officers or
employees shall be
authorized to enforce particular provisions of this
code, in
addition to those officers enumerated in subsection a. Officers
or

employees

persons

who

c.

so

designated

violate

An

subsection b
such

officer

this

code

any

officer
shall be

of

or

shall
said

have

the

authority
provisions.

employee

determinative

designated
of

the

to

pursuant

arrest

to

enforcement powers

of

employee notwithstanding a designation of a

different officer or employee within the particular
provision of
or

referred

to

in

subsection

5-

a.

SECTION

This ordinance shall

2, Date Effective,
hereby declared to be in full force and effect on
January 1, 1984.

IN

COUNCIL, OAKLAND, CALIFORNIA,

October 18

19

be,

and

is

83

PASSED BY THE FOLLOWING VOTE:

AYES-IIX~,
~
CANNON, GIBBON,

GILMORE, MOORE, OGAWA, RILES, SPEES, 1dGXLX~

andL~
d
C
4K1~'
- 1

NOES- 0
ABSENT-

BAZILE, PRESIDENT WILSON -

ABSTENTION- 0 /~~ /)

ATTEST: ~ ~'
6600242 (7/
83)

RECE JAMESON
Clerk
and Clerk of the Council
City
of the City of Oakland, California