Municipal codes relevant to homelessness in Oakland

BEHAVIORAL LAWS

1. Laws governing where vehicles may be parked and for how long (8)

OMC 10.28.020

Standing in parkways prohibited.

No person shall stop, stand or park a vehicle within any parkway.

OMC 10.28.030
Use of streets for storage of vehicles prohibited.

“No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.B.In the event a vehicle is parked or left standing upon a street in excess of a consecutive period of seventy-two (72) hours, any officer of the Police Department or any regularly employed and salaried civilian employee of the City who is engaged in the direction of traffic or enforcement of parking regulations when designated by the Chief of Police, may remove said vehicle from the street in the manner and subject to the requirements of Sections 22850 and 22856 inclusive of the Vehicle Code of the state of California.”

OMC 10.64.010
Abandoned, wrecked, dismantled or inoperative vehicles—Findings and declarations.

“In addition to and in accordance with the determination made and the authority granted by the state of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the Council makes the following findings and declarations:”

OMC 10.64.080

Authority to abate and remove abandoned or inoperative vehicles.

“Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the city, the Police Department shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed herein. These persons may include, but shall not be limited to, police officers, traffic control officers, and police service technicians.”

OMC 10.40.060
Standing for loading or unloading only.

“No person shall stop, stand or park a vehicle in any yellow zone for any purpose other than loading or unloading passengers or materials for such time as is permitted in Section 10.40.050.”

OMC 8.24.030
Time restriction—Parking.

“For purposes of this Chapter an item is unlawfully parked, kept or stored in any area for a period of time in excess of seventy-two (72) consecutive hours when:

A.The item has not been removed from such area for an intervening period of time in excess of seventy-two (72) consecutive hours; orB.The item has been parked, kept or stored during the intervening period of time upon any public street.”

OMC 5.72.080
Occupancy of recreational vehicle and rent.

“A. Occupancy of a recreational vehicle permitted by a Temporary RV Occupancy Permit shall be on a thirty (30) days or longer basis only and shall not be used as Transient Habitation Commercial Activities as defined in the Oakland Planning Code.B.The holder of a Temporary RV Occupancy Permit may rent the undeveloped land on which a recreational vehicle will be permitted, but shall not rent a recreational vehicle as a dwelling unit.”

OMC 12.64.150
Washing or repairing motor vehicles in parks.

“It is unlawful for any person to wash, polish or repair any motor vehicle within any public park area in the city.”

2. Laws regulating the location and quantity of personal property in public spaces (4)

OMC 8.24.020

Blighted property defined.

“Any property on which there exists any one or more of the following conditions or activities is a blighted property for the purpose of this Chapter:

A) Abandoned Building or Structure.

B) Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act;

C) A Building or Structure Which is in a State of Disrepair.

D) Property Inadequately Maintained.

E) Property Which Creates a Dangerous Condition.

F) Parking, Storage or Maintenance of the Following in Areas Zoned for Residential Use.

G) Activities Prohibited in Areas Zoned for Residential Uses.

H) Permit Requirement. Any use of property which does not have all required permits pursuant to city codes or where such permits have expired or been revoked;”

OMC 12.04.080
Obstructions generally—Loading.

“It is unlawful for any person to place, or cause to be placed, or suffer to remain, upon any sidewalk in the city, any goods, wares or merchandise, or any other object or substance; provided, however, that not to exceed one-third of the width of any sidewalk may be used for not to exceed thirty (30) minutes while actually engaged in the loading or unloading of any goods, wares or merchandise, or any other object or substance; provided further, however, newspaper and periodical racks and/or stands located on the inner or outer edge of sidewalks and sidewalk cafes are excepted from the provisions of this section.”

OMC 12.08.060
Permit requirements for short term encroachments.

“No short term encroachment shall be allowed in the dedicated public right-of-way except in compliance with the terms of a permit to be granted by the City Administrator or their designee.”

OMC 12.08.200

Permit to obstruct streets—Limits of encroachment—Warning devices.

“No person, firm or corporation shall place, or cause to be placed, on any public street, or any portion thereof, in the City, any materials or appliances for use in the construction, alteration or repair of any building, or for any other purpose necessitating temporary occupancy of any portion of the public streets, without first obtaining a permit therefor from the Director of Transportation.”

3. Laws regulating standing, sitting, resting, sleeping, and lodging in public places (7)

OMC 9.08.160

Sitting or lying on streets.

“A person shall not sit, lie or sleep in or upon any public highway, alley, sidewalk or crosswalk or other place open for pedestrian travel, except when necessitated by physical disability of such person.”

OMC 12.64.100
Disorderly conduct, vandalism, sleeping on benches, pilfering.

“Disorderly conduct, pilfering, vandalizing, or sleeping on benches or seats in any public park is strictly prohibited.”

OMC 9.08.170

Obstructing pedestrians.

“A person shall not loiter or stand in or upon any public highway, alley, sidewalk or crosswalk or other public way open for pedestrian travel or otherwise occupy any portion thereof in such manner as to obstruct or unreasonably interfere with the free passage of pedestrians or as to obstruct or unreasonably interfere with the normal use of the use of the entrance to any house of worship, hall, theater, moving picture theater or place of public assemblage.”

OMC 8.40.170
Hallway and exit obstructions prohibited.

“All doors, aisles and passageways within and leading into or out of theaters, churches, and all other places of public assemblage shall be free from easels, signs, standards, camp-stools, chairs, sofas, benches and every other article that might obstruct or delay the exit of the audience, congregation or assemblage during the entire time during which any assemblage may be held, and it is unlawful for any person to sit or stand, or to allow any other person to so remain in any such place of public assemblage in any aisle under any circumstances, or in any exit or passage that will in any manner obstruct the safe exit of the assemblage.”

OMC 9.32.050

Loitering—An infraction.

“It is unlawful for any person to loiter in the immediate vicinity of any premises posted as provided in this chapter while having in his or her possession any explosive, tool, or device, of whatever character capable of doing harm or damage to any structure, machinery, equipment or other property of a similar or dissimilar character, installed or located upon such posted premises.”

OMC 9.12.020
Minors in public places.

“Every person under the age of eighteen (18) years who loiters in or about any public street or other public place or any place open to the public in the city, between the hour of ten p.m. and the time of sunrise of the following day when not accompanied by his or her parent, guardian or other adult person having the legal care, custody or control of such person, or spouse of such person over twenty-one (21) years of age, is guilty of a misdemeanor.”

OMC 12.64.110

Hours of use of parks

“The Parks and Recreation Commission may fix the hours during which the parks, or any particular park, is open to public use. No person, other than a city employee in the performance of his or her duty, shall enter or remain in any park during the time when it is not open for public use.”

4. Laws restricting or prescribing specific activities within public spaces (15)

OMC 5.18.030
Soliciting for private needs.

“No person shall solicit contributions for himself or herself in or upon any public street or public place in the city.”

OMC 5.18.040

Charitable solicitations permit required—Exemptions.

“No person shall solicit contributions for any charitable purpose within the city without a permit from the Commission authorizing such solicitation.”

OMC 5.46.030

Secondhand dealers, exchange dealers—Permits.

“It is unlawful for any person to engage in, or carry on or conduct, or to permit to be carried on, engaged in or conducted, within the city, the business of any secondhand dealer or exchange dealer, whether as a separate business or in connection with any other business, or to advertise the same by means of signs or notices on buildings or windows, or by distribution of printed circulars, or by public display, or otherwise in any manner whatsoever, unless there exists a valid permit therefor, granted and existing in compliance with the provisions of Chapter 5.02.”

OMC 9.08.230
Soliciting on streets prohibited.

“It is unlawful for any person to solicit, on any public street or sidewalk, park or other public place or in any doorway or entrance way immediately abutting thereon, the sale of any subscription to any magazine, periodical or other publication, except newspapers, or the sale of any tangible personal property for delivery at a subsequent time.”

OMC 8.11.320

Illegal dumping and littering as public nuisances.

“The City Council hereby declares and finds that illegal dumping and littering are public nuisances subject to abatement, remedies, and penalties according to the provisions and procedures contained in this Code and this Chapter.”

OMC 8.18.010

Excessive and annoying noises prohibited.

“It is unlawful for any person to create or allow to be created any excessive or annoying noise as defined herein. Any violation of the regulations specified herein shall be punishable as an infraction.”

OMC 8.26.020

Public nuisance—Nonexclusive remedy.

“Illegal scrap operations within five hundred (500) feet of residential uses and the open storage of recyclable materials on residentially zoned property or property used for residential purposes are declared to be public nuisances and may be abated as provided in this Chapter. The procedure provided herein shall be in addition to any other applicable penalty or remedy, civil or penal, available to the city or any affected party under any provision of state or municipal law.”

OMC 9.08.090
Bathing.

“It is unlawful for any person to bathe or swim in the waters of Lake Merritt in the city. It is unlawful for any person to bathe or swim in the waters of the Estuary of San Antonio or the Oakland Harbor, or any of the waters tributary thereto, within the limits of the city, unless such person is clad in a bathing suit, or for any persons to disrobe at any place in the city for the purpose of bathing or swimming except under some shelter reasonably protecting such person from public view.”

OMC 9.08.100
Drunkenness.

“It is unlawful for any person to appear in any public place, or place open to public view in the city in an intoxicated or drunken condition.”

OMC 9.08.110

Dispersal of disorderly persons in park and recreation areas.

“Any person, whether singularly or as part of an assembly of two or more persons, who shall, on any property under the jurisdiction of the Oakland Park or Recreation Commission, or on public property in the immediate vicinity thereof, commit any act in violation of rules promulgated by the Board of Park Commissioners or Board of Recreation Commissioners for the use of said areas, and who shall refuse or fail to disperse or move on away from said area when commanded by a public officer to so disperse or move on shall be guilty of a misdemeanor.”

OMC 9.08.180

Alcoholic beverages on public streets or on adjacent private property thereto.

“No person shall drink any alcoholic beverage: (1) on any public street, sidewalk, alley, highway, city park, city recreation area, city open space or playground; or (2) within fifty (50) feet of any public street, sidewalk, alley, highway, city park, city recreation area, city open space, or playground while on private property open to public view without the express permission of the owner, his or her agent, or the person in lawful possession thereof..”

OMC 9.08.190
Open alcoholic beverage containers.

“Prohibited Conduct. No person in possession of any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or has a seal broken, or the contents of which have been partially removed, shall enter or remain on the posted premises of, including the posted parking lot or on any public sidewalk immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 2300) of the Business and Professions Code. Any person violating this provision shall be guilty of an infraction.”

OMC 9.36.030

Disorderly conduct.

“It is unlawful for any person who has upon his or her person or in his or her possession or control any dangerous weapon to engage in any fight or participate in any rough or disorderly conduct upon any public place or way or upon the premises of another.”

OMC 9.58.020

Loitering for purposes of illegal drug activity.

“It is unlawful for any person to loiter in any public place in a manner and under circumstances manifesting the purpose and with the intent to commit an offense….”

OMC 12.64.400

Public parks as drug free zones.

“Pursuant to California Health and Safety Code Section 11380.5(e), the City Council of the city of Oakland, California does designate as drug free zones, all public parks within its geographical boundaries.”

SANITATION LAWS

1. Laws regulating rodent control (1)

OMC 8.38.180

Rats.

“Every person owning, occupying or controlling any wharf, building or basement in the city shall use for the protection thereof such funnels, screens, netting, cement or other materials as may be necessary to prevent the ingress of rats thereto, and shall, when so directed by the Health Officer of the city, use on such premises such rat traps or other means or methods of rat eradication as may by said Health Officer be deemed necessary.”

2. Laws regulating health and safety (10)

OMC 13.08.150

Prohibited uses generally—Wastewater.

“No person shall discharge, deposit, throw, or cause, allow, or permit to be discharged, deposited, or thrown, into a building sewer or the sanitary sewer system, any substance of any kind whatsoever which shall cause or tend to cause an obstruction or damages to the sewer system, or which shall cause or tend to cause a nuisance or hazard, or which will in any manner obstruct or tend to obstruct the efficient operation or maintenance of the sewer system. Wastewater may not be discharged to the collection system that would cause a violation of the water quality limitations or preclude the selection of the most cost-effective alternative for wastewater treatment and sludge disposal.”

OMC 13.08.160

Additional prohibited uses—Waters and wastes.

“No person shall discharge, or permit the discharge of, any of the following waters or wastes into a building sewer or the sanitary sewer system without prior written approval of the Director of Public Works:

Any liquid or vapor having a temperature detrimental to the sewer system;

Any water or waste which contains excessive amounts of grease, oil, or fats as hereinafter defined by this code;

Any garbage, except garbage from dwellings and establishments where food is prepared and consumed on the premises, and which has been ground to such a degree that all particles will be carried freely under the flow conditions prevailing in the public sewers. No particle shall in any event be greater than three-eighths inch in any dimension;

Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewer treatment process, to constitute a hazard to humans, animals, or fish, or to create a hazard in the waters receiving effluent from the sewage treatment plant”

OMC 13.16.070
Discharge of pollutants.

“Non-storm-water discharges or increase in flow to the city storm sewer system is prohibited. All discharges of material other than storm water must be in compliance with a NPDES permit issued for the discharge (other than NPDES Permit No. CA0029831).”

OMC 13.16.100

Reduction of pollutants in storm water.

“Any person engaged in activities which will or may result in pollutants entering the city storm sewer system shall eliminate such pollutants to the maximum extent practicable. Examples of such activities include, but are not limited to ownership and operation of leaking vehicles and ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets, etc. The following minimal requirements shall apply:”

OMC 13.16.280
Violations deemed a public nuisance.

“In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is declared and deemed to be a dangerous condition and a nuisance, and may be summarily abated and/or restored by any authorized enforcement official pursuant to the provisions of Section 13.16.290 et. seq”

OMC 8.38.090

Dangerous or insanitary buildings, etc. abatement.

“Every dangerous or insanitary condition which may exist upon any premises in the city may be abated by the Health Officer in the manner provided in this Chapter.”

OMC 8.38.150
Separation of ashes from garbage.

“It is unlawful for any person, whether as owner, agent or occupant of any premises in the city, to cause or permit any ashes or cinders that may accumulate on such premises to be or become mixed with any swill, garbage or filth of any kind, or any rubbage or any offensive or ill-smelling matter.”

OMC 8.38.160

Premises to be kept sanitary.

“Every person owning, occupying or controlling any premises in the city shall maintain the same in a clean and sanitary condition, and free from any accumulation of garbage, filth, decayed matter, or any matter detrimental to health. All garbage or waste matter on such premises shall be placed in a metal can and shall be kept tightly covered.

It shall be the duty of the Health Officer of the city to cause any person who shall allow any accumulation of any offensive matter, as in this section prohibited, to be notified in writing to abate such condition; and in case such person shall fail to comply with such notice within twenty-four (24) hours, such condition may be abated by the Health Officer in the manner provided by this Chapter, and in addition thereto the person failing to comply with such notice shall be guilty of a misdemeanor.”

OMC 13.08.140

Prohibited use of public sanitary sewers and any private sanitary sewer or building sewer discharging, directly or indirectly, into said public sanitary sewers.

“A. Illegal Connections. It shall be illegal for any person to discharge or permit the discharge of any storm water, surface water, ground water, roof runoff, yard drainage, or subsurface drainage into any building sewer, private sanitary sewer, or public sanitary sewer by either direct or indirect means.”

OMC 8.18.080

Dumping in streams, etc.

“It is unlawful for any person to dump any junk, refuse, garbage, dirt or any other material in any stream, creek, watercourse or stream bed, or within the banks of the same, in the city, without written permission so to do issued by the Superintendent of Streets.”

3. Laws regulating dumping (9)

OMC 5.06.060

Littering streets.

“It is unlawful for any person to scatter, daub or leave any paint, paste, glue, or other substance used; or to be scattered or thrown any bills, waste matter, paper, cloth or material of whatsoever kind removed from a signboard or any other structure erected for advertising purposes, upon any private property, public streets or other public property.”

OMC 8.11.310

Illegal dumping and littering unlawful.

“A.It is unlawful and a violation of this Code and this Chapter for any person to illegally dump or not dispose of waste matter, or cause waste matter not to be disposed of as otherwise provided by this Code or State or Federal law.

B.It is unlawful to hire a person to dispose of waste matter who is not legally authorized to dispose of waste matter in the City.

C.It is unlawful and a violation of this Code for any person owning or otherwise in possession or control of any real property within the City to permit or allow waste matter from such property to be illegally dumped.

D.A violation of this Chapter shall be subject to enforcement through criminal prosecution, civil action, administrative citation, and civil penalties, as provided for herein.”

OMC 8.28.130

Materials prohibited in containers.

“Containers shall not be contaminated with prohibited container contaminants. Hazardous waste, medical waste, unacceptable waste, earth, rocks, e-waste, u-waste, human waste and other potentially infectious material, and liquid wastes shall not be deposited or placed in mixed material, organic material, or recyclable material containers.”

OMC 8.38.010
Drainage and sewerage overflow.

“It is unlawful for any person holding or having control of any premises to suffer or permit any sewerage or drainage other than clear water from such premises to enter into or upon any public street, way, square, park, natural watercourse, or storm sewer in the city.”

OMC 8.38.020
Refuse in public streets.

“Any person who sweeps into or deposits in any roadway, gutter, culvert, or storm water inlet any such material moved from adjacent sidewalk, garden, yard or building, is guilty of an infraction.”

OMC 8.38.040
Cost of cleanup.

“Any person who dumps or causes to be dumped any waste matter in or upon any public road, including any portion of the right-of-way thereof, or in or upon any public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property is liable to the city for the costs of cleaning up such dumping if that person fails to perform such cleanup or pay to have such cleanup performed.

Further, any person who places, deposits, or dumps or causes to be placed, deposited, or dumped, any rocks or dirt in or upon any road, including any portion of the right-of-way thereof, or in or upon any public park or other public property, without consent of the state or city agency having jurisdiction over road or property shall be liable to the city for the costs of cleanup except as otherwise stated above.”

OMC 8.38.070
Expectoration.

“It is unlawful for any person to spit or expectorate within the city upon the floor or steps or any public car or conveyance, or any public building, or upon any sidewalk or crosswalk.”

OMC 8.38.170
Dumping garbage.

“It is unlawful for any person to dump or place on any land or in any water or waterways within the city, any dead animal, butcher offal, fish or parts of fish, or any waste vegetable or animal matter whatever.”

OMC 12.64.030 Prohibition against littering in parks.

“No person shall, except in the proper receptacles where these are provided by the city, place, deposit, dump or leave or cause to be placed, deposited, dumped or left, in, on or upon the grounds of any park or the waters of any fountain, pond, lake, stream or other body of water in any park, any garbage, swill, cans, bottles, papers, refuse, trash or rubbish. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the persons responsible for its presence and properly disposed of elsewhere.

No person shall bring in, place, deposit, dump or leave, or cause to be brought in, placed, deposited, dumped or left in, on or upon the grounds of any park, or the waters of any fountain, pond, lake, stream, or other body of water in any park, any carcass of any dead animal or any noisome, nauseous or offensive matter.”

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