CORRECTED COPY

ORDINANCE
No
q
337
C
M
s
AN
ORDINANCE AMENDING OR
REPEALING CERTAIN
SECTIONS
OF THE OAKLAND
MUNICIPAL CODE THE
OAKLAND FIRE
CODE
THE OAKLAND PLUMBING
CODE THE OAKLAND
MECHANICAL CODE
THE OAKLAND TRAFFIC CODE
THE
OAKLAND BUI LDING
CODE
TII
8AI UUI8 PLArHlItlG
88
De
lete
by
THE
OAKLAND SIGN CODE
AND
THE
OAKLAND HOUSING
motionof CouncLl
CODE AND
CERTAIN ORDINANCES AND RESOLUTIONS
AS
6 22 76
NECESSARY TO
EFFECT THE MASTER FEE SCHEDULE
The Council of the
City
of
Oakland
does
ordain
asfollows
SECTION 1 The
following
sectionsof
the Oakland
Municipal
Code are
hereby
amended
to
read
asfollows
SEC 2 5 24 SWIMMING POOLS
ENCLOSURES
Every person
in
possession
of land
upon
WhlCh issituated a
sWlmming pool
shall
at
all times
maintainonthe
lot or
premisesupon
which such
pool
is
locatedand
completely
surrounding
such
pool
lot or
premises
a fence
not lessthan
four
4
feet in
height
so
that
the
swimming pool
is
completely
enclosed
by
such
fence or is
enclosed in
part by
such fence
and in
part by
a
dwelling
house or
other
permanent
structure
towhich such fence is
connected
toform
a
complete
enclosure
at least
four 4
feet
in
height
Said fence shall
be constructed
so
as to
prevent
any
person including
small children
from
crawling
or
passing through
the same
except
at
gates
therein which
gates
shall be
equipped
with a
self
closing
or
self
latching
device
designed
to
keep
and
capable
of
keeping
such
gate
securely
closed at all timeswhenthe
swimming
pool
isnot inuse The
door
of
any
dwelling occupied by
human
beings
and
forming
any
part
of the
enclosure hereinabove
required
need
not
be so
equipped
Notwithstanding
the other
provisions
of thissection the
Building
Inspector
of the
City
of
Oakland is
hereby
authorized
upon
written
application
accompanied by plans pictures
or other
descriptive
materials
satisfactory
to
the
Building
Inspector
to
approve
any
other
method or meansof
fencing
or
enclOSing
a
swimming
pool
that will afford
adequate protection
to
small
children Provided however a decisionof
the
Building Inspector disapproving
such other
methods
or
means
of
fencing
or
enclosing
a
swin@ing
pool
shall
upon
the
written
request
of
app
I
i
cant
be
revi
ewed
by
the
Boa
rd of
Examiners
and
Appea
1
s
created
by
Section204
of
the
Building
Code Such
request
shall be made withinten
1 0
days
after notice of denial
ofthe annlication rlotice
shall be
completed
upon
deposit
inthe United Statesmail
of
the decision
in
an
envelope postpaid
addressed
to
applicant
at the address
given
inthe
application
The Board shall review
the
said
applicationaccording
to
such rulesof
procedure
as it
adopts
and determine whether or not the
provisions
of this
section
have been
complied
with
1
Inthe
event
the
Board of Examinersand
Appeals
shall likewise
disapprove
or
shall fail
to
approve
such
other means of
fencing
or
enclosing
a
swimming pool
the Council
shall
upon
the written
request
of
applicant
addressed
tothe
City
Clerk reviewthe
application
Such
request
shall
be made within
ten 1 0
days
after notice of denial of the
applicationby
said Board saidnotice
to
be
deemed
completed upondeposit
inthe United
Statesmail of said decision
in
an
envelope postpaid
addressed
to
appli
cant at the address
given
inthe
application
The
City
Clerk shall forth
with
set
said
matter
for
hearing
before the Council and cause notice
thereof
to
be
given
to
the
applicant
and tosuch other
persons
if
any
as shall have recorded
aninterest therein Such
hearing may by
the
Council be continued fromtime
totime The Council shall
by
resolution
determine whether the
proposed
alternativemethod
of
fencing
or
enclosing
the
swimming
pool
will afford
adequate protection
of small children
Such determinationshall
be
final and
conclusive
SEC 2 6 1 7 DUTY OF SURETY After
receipt
of such notice the
surety
must
withinthe time
therein
specified
either cause the
required
work
to
be
performed
or
failing
therein
pay
over tothe
Superintendent
of
Streets
the estimated
cost
of
doing
thework
including
the
City
s
costs
Upon
the
receipt
of such
monies the
Superintendent
of Streetsshall
proceed
by
such mode as
he
deems
convenient tocause the
required
work
to
be
performed
and
completed
SEC
2
6
1 8 DISPOSITION OF CASH BOND If
a
cash bond hasbeen
posted
notice of default as
provided by
the
preceding paragraph
shall
be
given
to
the
principal
and if
compliance
isnot had within
the
time
specified
the
Superintendent
ofStreetsshall
proceed
without
delay
and
without
further
notice
or
proceedings
whatsoever touse the cash
deposited
or
any
portion
of such
deposit
to
cause
the
required
work
to
be done
by
contract
or
otherwise at the discretionof the
Superintendent
of Streets
The
balance if
any
of
such cash
deposit
shall
upon
the
completion
of the
work
be returned tothe
depositor
or tohissuccessorsor
assigns
EC 3 2 1 5 CHARITABLE
SOLICITATIONS PERMIT ORM OF GRANTING OF IS NOT
NDORSEMENT BY ITY AGENTS
AND S LI R FOR CHARITABLE L IT ImJ
ERMIT HOLDERS CREDENTIALS FOR SOLICITORS
All
persons
towhom
permits
have
been
issued under thisarticle shall
furnish to
each
of their
agents
and solicitors as credentials
a
facsimile
copy
of the
permit upon
which
shall
appear
the
name
address
age
sex
and
signature
of the
agent
or
solicitor
to
whomsuch credentialsare issued and the
specific
period
of
time
during
which
said
agent
or
solicitor
isauthorized
tosolicit on
behalf
of the
permit
holder A list of all
agents
or
solicitorstowhom
facsimile
copies
have
been
provided
shall be maintained
by
the
permittee
and
shall be available for
inspectionby
the Commission itsauthorized
agents
and
any
police
officer of the
City
of Oakland Provided however
as analternative facsimile
copies
of the
permit
with the name address
age
sex and
signature
of the
agent
or solicitor shall be furnished
by
the
Commission
No
person
shall solicit under
any
permit granted
under this
article
without the
credentials
required
by
thissectioninhis
possession
Said credentialsmust
be
shown
uponrequest
toall
persons
solicited
and
to
any police
officer
of the
City
of Oakland
2
ARTI CLE 9
SEC 3 9
01 SHORT TITLE
Thisordinance
shall be knownas The Animal
Control
Ordinance
Definitionof Terms For the
purpose
of this
ordinance unlessit is
plainly
evident fromthe context
that
a
different
meaning
is
intended
certain
termsused herein
are defined as
follows
a
Dog
shall
fied
by weight
50
pounds
small
include female aswell as
male
dogs Dogs
are
c1 assi
large
dog
over 50
pounds
medium
dog
between25 and
dog
under 25
pounds
b
Owner
shall mean
any
person
firmor
corporationowning having
aninterest
in or
having
control
or
custody
or
possession
of
any
animal
c At
large
shall mean a
dog
off
the
premises
of itsowner and
not
under
restraint
by
leash or
chain
or
not otherwise
controlled
by
a
competent person
d
Kennel sha
1 1
mean
any person
firmor
corporati
on
engaged
inthe
commercial businessof
breeding buying selling
or
boarding dogs
and or
cats
e
Pet
shop
shall mean
any
person
firmor
corporationoperating
an
establishment
where
live
animalsand or birdsare
kept
for sale for
hire
or sold
f Animal
quarters
shall mean the
premises
and all
buildings
hutches
pens
coops yards
and their
appurtenances
used for the
keeping
of
animals commercial fur
bearing
animals
poultry
including pigeons game
and
showbirds
fowl
and
birds
or
any
other
kind not
specifically
mentioned and
dogs
and catsnot
kept
in
kennelsand
pet shops
as herein
defined
including
but
not limited to stables
poultry
farms
pigeon
farms
and rabbit farms
g
Animal shall mean
any
mammal
poultry
bird
reptile
fish or
any
other dumb
creature
including
but
not limited to
horse
cow
goat
sheep pig
pigeon
chicken
goose
rabbit
dog
cat Animalsare
classified
by weight
large
animal over 50
pounds
mediumanimal between
25 and 50
pounds
small animal under 25
pounds
h Horse shall include
mule burro
pony
jack hinny
or
jenny
i Person shall
include
any person partnership corporation
trust
and associationof
persons
j
Wild
Animal shall mean
any
animal not
ordinarily
and
customarily
domesticated
including
but not
limited
to
skunk raccoon
oppossum
squirrel
fox
k Whenever
any
reference ismade to
any portion
of thisordinance such
reference
applies
toall amendments and additionstheretonow
or herein
after made
1 The
present
tense includes
the
past
and
futuretensesand the future
the
present
Each
gender
includesthe other two
genders
3
m The
singular
number includesthe
plural
and the
plural
the
singular
n l
henever a
power
is
granted
to or a
duty
is
imposed upon
the Animal
Control
Center
the
power
shall be exercised or the
duty
shall be
per
fornled
by
the Senior Animal
Control
Officer and
or the Animal Control
Officer or
by any
person
or oroanization itsofficers a ents and
e
p1 oyees designated by
contract or
otherwise toenforce thisArticle
0 The
tenn
unlicensed
dog
as used
in
thisArticle is
hereby
defined
and declared tomean a
dog
for which the license for
the current
year
has
not been
paid
or towhich the
tag
provided
for inthisArticleisnot
attached
p Any
person
keeping
or
harboring
a
dog
for fifteen 1 5 consecutive
days
shall be deemed
to
be
the
owner thereof withinthe
meaning
of
this
Article
EC 3 9 02 DOG LICENSE
Except
as hereinstated the owner of each
dog
four 4 monthsold or older shall obtaina
dog
licensefrom
the
City
of Oakland for the
privilege
of
having
and
keeping
such
dog
inthe
City
The fee for a
dog
licenseshall be
paid annually by
the owner of the
dog
or
by
the
personhaving custody
of the
dog
and
uponpayment
thereof the
City
ofOakland shall issue a metal
tag
with the number
and
year
of
the
issuance thereof and the words
Oakland
Dog
License
plainly
inscribed
thereon and
shall enter in
a
register kept
by
it for that
purpose
the
name and addressof the owner of the
dog
licensed or the
person
to
whom
such
license isissued a
description
of such
dog
the
number of the
tag
and the
date
of its
issuance
Duplicate
metal
tags
may
be
issued
upon
payment
of a fee foy
each
dup1
icate
tag
so
issued If
the owner of
the
do or the
personhaving custody
of the
dog presents
a certificate from
a
licensed
veterinarianwhich showsthat the
dog
hasbeen
spayed
or
neutered thenthe fee for said
dog
licenseshall be lessthanthe
regu
1
ar fee
SEC 3 9 03 ANTI RABIES VACCINATION REQUIRED
FOR
LICENSE As a condition
for the issuance of a
dog
license all
applicants
for such license shall
procure
and deliver
a
certificate issued
by
a
duly
licensed veterinarian
certifying
that each
dog
tobe licensed hasbeenadministered
an
anti
rabiesvaccinationwithin
thirty
30
daysprior
tothe issuance ofsaid
license or hasreceived ananti rabies
vaccinationsufficient
to
immunize said
dog
against
rabiesfor the
current
license
period
SEC 3 9 04 KEEPING DOGS NOT LICENSED REGISTERED
AND
TAGGED
It shall
be unlawful for
any
person
to
have harbor or
keep
or to
cause or
permit
tobe
harbored or
kept any dog
in
the
City
of Oakland
unless
such
dog
shall be
registered
and
licensed as
provided
inthisArticle and shall
have a collar or leather band attached thereon
on
which
there
shall be
a
tag
inscribed as
required by
thisArticle
provided
however that such
collar or leather band need not be attached tosuch
dog
while
such
dog
remainsin
the
dwelling
house of the owner or
other
person
having custody
thereof or
inanenclosed
yard
adjacent
thereto
Every dog
under four months
of
age
shall be confined tothe
premises
of
or
kept
under
phys
i
ca1 restra
i
nt
by
itsowner or harborer Nothi
ng
in
thisArticleshall be construed to
prevent
the sale
or
transportation
of
a
dog
under four monthsof
age
4
SEC 3 9 05 DOGS AT LARGE
It shall be unlawful
for
any
person
owning
or
having
in
charge
care control or
custody any doq
except
a
seeing
eye dog
actually
being
used
by
a blind
person
tocause allow
or
pennit
such
dog
whether licensed
or unlicensed
onor
upon
any
public
street
alley
or
other
public place
or in
or
uponany
unenclosed lot
or
premises
within
the
City
of Oakland unless
such
dog
be
kept securely
confined
by
a
rope
chain
or other
leash
not over
six 6 feet in
length securely
and
continuously
held
by
a
competent person
or
to
permit
either
willfully
or
through
failuretoexercisedue
care or
control
any
such
doq
to
commit
any
nuisance on
any
property
other
thanthe
street
gutters
outsideof
pedestrianways
or on
any
improved private property
other thanthat of the
owner or
persons
having charge
care control
or
custody
of such
dog
For
purposes
of this
section
any
dog
confined
within
any
vehicleshall
be
deemed
to
be on
the enclosed
premises
of the
operator
thereof
any dog
securely
tiedor
chained so astobe confined
within
any
unenclosed lot
or
premises
shall be deemed
tobe onan
enclosed
lot
or
premises
It
shall
be
unlawful for
any personowning
or
having
in
charge
care control
or
custody any dog
tosuffer
or
permit
any
such
dog
to
trespass
on
private
property
Nothing
contained
inthissectionshall
prevent
a
dog
from
being
used without
a
leash to
herd
guard
gather
or otherwise work
domestic animals
or fowls
in
or
upon
a
public place
or unenclosed lot or
premises
or from
participating
at obedience trials
or
dog
showsor from
being
without leash
uponany public
street
alley
or
way
so
long
as such
dog
isat heel
and so
long
assuch
dog
isunder the
charqe
and control
of
a
person
competent
to
keep
such
dog
under effective
charge
and
control
and
so
long
assuch
dog
doesnot harm
or
damage
or
threaten
to
harmor
damage any
person
on
public
or
private
property
SEC 3 9
06 DOGS AT
lARGE IN
PARKS
a It shall be unlawful
for
any personowning
or
having
in
charge
care
control or
custody any dog except
a
seeing eye
dog actually being
used
by
a blind
person to
pennit
or
allow
any
such
dog
whether
leashed or
unleashed
to
be
in
any public park
school
yard
or
public playground
or
other
place
controlled
by
the Board of Education
of the
City
of
Oakland
except
as
may
be
permitted by
the
appropriate
Board of
Educationor the
City
Director
of Parksand Recreationfor
special
events
or
special
occasions
Except
inPosted
Landscaped
areas
thissectionshall
not
apply
to
Joaquin
Miller and Leona
Parkseast of
MountainBoulevard
Dimond
Park
east of
El Centro Avenue
and Knowland Park east
of Gold Links
Road
b
Nothing
hereinshall
prevent or
limit the
duly
authorized
use of
trained
dogs
for
special purposes
by
City
or other
government
personnel
5
SEC 1 q
07 VICInI DOGS
Any dog
which onmore thanone occasion
has
bitten
or
otherwise
injured any person
other than
hisowner or a tres
passer uponprivate
premises
whereassuch
dog
is
kept
or
any dog
which
hasotherwise demonstrated
vicious
dangerous
and
fierce
propensities
may
be deemed a
dangerous
viciousand
fierce
dog
and the
owner
of such
dog
or
any personlawfully
entitledto
possession
or
control
thereof
shall
not
permit
said
dog
torunat
large
on
any
of
the
public
lanes
alleys
streets or
upon
any
other
public
or
private place
inthe
City
of Oakland
unless
the
dog
is
properly
muzzled
Any
owner of such
dog
or
other
personlawfully
entitled
to
possession
or control
thereof
who
allowsor
permits
such
dog
to
run
at
large
in
the
City
of Oakland in
violationof the
foregoing provisions
of thissection
shall be
guilty
of
a misdemeanor
SEC
3
9 08 DOGS EXCEPTED FROM LICENSE
8fQIJIREMENTS
The
provisions
of
thisArti e
requiring
dog
license shall not
apply
to
any dog
owned
by
or
inthe
charge
or care of a nonresident of the
City
of Oakland
traveling
through
the
City
of
Oakland
or
temporarily sojourning
thereinfor
a
period
not
exceeding thirty
30
days
nor
to
any
dog brought
tothe
City
of
Oakland
exclusively
for the
purpose
of
entering
the same ina
dog
show
or
dog
exhibitionand entered for and
kept
at
any dog
show
or
dog
exhibition
nor
to
any
dog
owned
by
a
nonresident of
the
City
of Oakland
whensuch
dog
hasbeen
regularly
licensed inaccordance with
the
laws
of the
place
of residence of
such owner
and shall
have a
collar
or leather band
attached thereon
on
which there shall be
a
tag
evidencing
the existence
of an
unexpired
license for such
dog
in
the
place
of residence of such
owner nor
to
dogs
lessthanfour monthsoldwhich are
kept
confined
in
or
upon
the owner s
premises
nor toa
seeing eye dog actually
being
used
by
a
blind
person
which is
required
tobe licensed as
provided
in
thisArticle but for which license no
fee
shall
be
charged
SEC
3
9
09
TRANSFERRING
COUrmRFEITING AND REMOVING DOG TAGS It
shall be unlawful for
any person
to
attach
toor
keep
upon
or to
cause
or
permit
tobe
attached to
or
kept upon any dog any
tag
provided
for
in
Sections3 9 02 of thisArticle
except
a
tag
issued
to
himfor such
dog
under
the
provisions
of
thisArticle or to
attach
to
or
keep upon
or to
cause or
permit
to
be attached toor
kept upon
any
dog
or
tomake
or
to
have in
possession any
counterfeit or imitationof
any tag provided
for
in
said Sections
3 9 02 or totake from
any dog any
collar
or leather
band
or
tag
attached
thereto
except
as
provided
inSection3 9 06 of
thisArticle
SEC 3 9 1 0 IMPOUNDING DOGS
Any
dog
found
running
at
large
contrary
tothe
provisions
of
this
Article shall
be
takenintothe
custody
of the
Animal Control Center of
the
City
of
Oakland The owner if
known shall
be notified
by
certified mail
Any
such
dog
may
be redeemed
by
the owner
or
possessor
thereof withinseven
days
of such
impounding
onthe
payment
tothe Ci
ty
of
such sumor
amount as
may
be the
current
redempti
on
fee
but
if
not
so
redeemed
said
dog may
be
sold
for the
sum
or amount
as
may
be the
current
purchase
fee and
if
not
redeemed
or
sold
such
dog
shall
be
destroyed
in
a
humane
manner
6
f
t
I
SEC 3 9 1 1 SOl nANIMAl S TO SF SPAYFnOR NFIITFRFn
Each female
dog
and
each
female
cat sold
by
the Animal Control
Center
shall
be
spayed
and
each male
dog
and each male cat sold
by
the Animal Control Center shall
be
neutered within30
days
after
said saleor
within
30
days
after
attaining
the
age
of 6 monthswhichever
isearlier The
purchaser
of such
dog
or
cat shall
provide
the Animal
Control Shelter with writtenevidence of
compliance
herewith
froma licensed
veterinary
Failure to
so
comply
shall void said sale
SEC
3 9 1 2 EXEMPTION FROM DOG I ICFNSFS
ANnCHARGFS
If
any
person
shall
furnish evidence
satisfactory
to
the Associated Charitiesthat such
person by
reason
of unavoidab 1 e
poverty
merits
exempt
i
on
from
the
pay
ment of
any
feesor
chargesprovided
for
by
this
Article
upon
the
recom
mendation
of
the
Associated
Charities the
City
Auditor and the
City
Treasurer and
upon
the
majority
vote of thewhole
Council
by
Resolution
the
City
shall
waive the
payment
of
any
such
feesor
charges provided
that such
application
for
exemption
from
payment
shall be
presented
within
three 3
days
after such fees
or
charges
or
any
part
thereof
have
accrued and
provided
further
that
upon
such
exemption
from
pay
ment
the Animal Control Center shall
dispose
of
any
such
dogs
in
custody
anaccount of
which such feesor
charges
had
accrued
and
had beenwaived
in
the
manner as
though
such fees
or
charges
had been
regularly paid
by
such
person
so
exempted
from
the
payment
thereof
SEC 3 9 1 3 EXAMINATIONS AND ISOLATING OF ANIMALS THAT
BITE
Ifthe
owner
of
any
animal observesor learnsthat hisanimal shows
symptoms
of rabies
the owner shall
immediately
confine
and isolate the
animal
and
notify
theAnimal Control
Center
Any person
observing
ananimal
showing
symptoms
of rabies
shall
notify
the Animal Control Center which
shall
impound
the animal and
shall cause it
to
be isolated for observa
tionat the
owner s
expense
ifthe
owner isknown No animal so
isolated shall
be removed or released
except
by
the Animal Control Center
The
Animal Control Center shall
notify
the
County
Health Officer of the
isolationand
release of the animal
Whenever
any
animal bites
any person
the owner or ifthe owner isnot
known
the victimor other
responsible person
shall
report
such occurrence
tothe Animal
Control Center Said animal shall be isolated at the
owner s
expense
inaccordance
with
the
County
Health Officer s instructions No
animal so isolated shall be
removed or released
except by
the Animal
Control Center The Animal Control Center shall
notify
the
County
Health
Officer of the isolationand release
of
such
animal
The head
of
ananimal
dying
while under
observation
at
a
veterinary
hospital
or the Animal Control Center shall be submitted
by
the Animal
Control
Center
to
the
laboratory
ofthe
County
Health
Department
for
examinationfor
rabies
Whenever
any
person
observes
or is
bitten
by
a wild animal
having
or
suspected
of
having
rabies
such
person
or the Animal Control Center
shall
immediately
kill theanimal
without
harming
the
head and submit
the head
for
examinationtothe 1
aboratory
of
the
County
Hea
lth
Department
for examinationfor rabies
7
SEC 3 9
1 4 RABIES Ef
IDEMI
C
Notwi thstand
i
ng
the
provi
s
ions
of
Secti
on
3 9
1 3
of
thisArticlewhenever
inthe
judgment
of the
City
Council of the
City
ofOakland
upon
the recommendationof
the
Health
Officer
and the
City
Manager
of said
City
of
Oakland
it shall determine and declare that
any
disease
epidemic
existswithinthe
City
of Oakland
by
reasonof
rabies
or
for
any
other disease
or cause or reason and
that it is
necessary
to
protect
and
preserve
the
public
health and
safety
the Council of the
City
shall
by
resolution
declare and determine the
existence of an
epidemic
of
such
disease and
thereupon
it shall be the
duty
of
the Chief
of Police of
the
City
of
Oakland
when
so
directed
by
the
City
Manager
and
until such
time as it
may
be
determined
by
said
Council
that
such disease
epidemic
no
longer
exists to
immediately destroy
or cause
tobe
immediately
destroyed
in
the
event
such
epidemic
is
one of rabies
any dog
or
dogs
which
may
have
bitten
any
person
or
persons dog
or
dogs
or
other animal or
animals
or
which inthe
judgment
of the Health Officer is
suffering
frool
the
disease of rabies and
to
immediately
destroy
or
cause to
be
immediately
destroyed
the
dog
or
dogs
and
such
other animal
or animals
during
the
existence
of such
epidemic
are
hereby
declared
to
be
animminent
menace
tothe
public
health and
safety During
the continuance
of such
epidemic
any
person
or
persons
owning any dog
or dogs
withinthe
City
of Oakland
shall
keep
such
dog
muzzled
at all timeswhile
it isat
large
and
any
dog
or
dogs
unmuzzled
and
running
at
large
uponany
of
the
public
streets
lanes
alleys
or other
public
places
of
the
City
of
Oakland
during
such
epidemic
shall be
impounded
and
destroyed
whether or not such
dog
or
dogs
be
suffering
fromrabiesor
any
other disease and
any
member
of
the
Police
Department
is
hereby
authorized toenforce
the
provisions
thereof
SEC 3 9 1 5
INTERFERING
WITH EMPLOYEE
Any person
or
persons
in
any
manner
lnter
erlng
with
any
officer of the
City
inthe
discharge
of the
duties
prescribed
inthis
Article shall be deemed
guilty
of a misdemeanor
SEC 3 9 1 6
DOG KENNELS RESTRICTED It
shall be unlawful for
any person
to
establish or maintain
any
institution
or
place
where more
thanfive 5
dogs
are
kept
for sale or
boarded within
one
hundred 1 00 feet
of
any
residence
dwelling
church
school
or
public building
SEC
3 9
1 7 ANIMAL AT LARGE
It
shall be
unlawful for
any
owner of
any
animal to
allow
or
permit
the same torun
at
large
in
the
City
of Oakland
or to
pasture
or
herd
or
stake or tiethe same for the
purpose
of
grazing
in
any public
street lane
alley
court or other
publiC place
or
grounds
belonging
to or under the
control of the
City
of Oakland or
upon
any
private property
withinthe
City
of Oakland
unless
with the
consent of
the owner or
occupant
of
such
property
SEC 3
9 1 8 IMPOUNDING ANIMALS
AT LARGE
Any
animal found
running
at
large
or
otherwise
contrary
to
the
provisions
of Section
3 9 1 7 of this
Article shall
be taken
up
and
impounded
8
When
any
animal
except
licensed animals
is
impounded
the Animal
Control
Center
shall
notify
the owner ifknown
Any
such animal
may
be
redeemed
by
the owner or
possessor
thereof withinseven
days
of such
impounding
in
accordance with Section3 9 1 9 Ifnot soredeemed the Animal Control
Center
shall offer said animal for sale unlessit is
dangerous
or unfit
for
further use
by
reasonof
age
disease or other
infirmity
inwhich case
it shall be
destroyed
ina humane manner and the remains
disposed
of
by
the Animal Control Center
SEC 3 9 1 9 RECLAIMING
IMPOUNDED ANIMALS The owner of
any
animal im
pounded
under thisArticleshall have
the
right
toreclaimthe same at
any
time
prior
toitssale
or
destruction
upon payment
of
the
redemption
fee
and
payment
of the costsand
charges
of the
City
for
impounding
and
keeping
such
animal or if such
impounded
animal hasbeen
sold the
owner
shall have the
right
to
payment
of the
proceeds
of such
sale lessthe fee
costs
and
charges
as aforesaid
provided
claimtherefor ismade
and
proof
of
ownership
established
within
30
days
after such sale
SEC 3 9 20 CARE OF
ANIMALS BY THE ANIMAL CONTROL CENTER
animalsare tobe
provided
with sufficient
food and water
such
animals
All
impounded
suitable for
SEC
3 9 21 BURYING OF DEAD ANIMALS
It
shall be the
duty
of
all
persons
having
dead
animals
uponpremises
or who
shall
be the ownersor
possessors
of
any
dead animal which died withinthe
City
of
Oakland to
bury
the same
under
at
least four
4
feet
of
packed
earth cover
except
cats
dogs
or
fowl and birds which shall be buried under
at least three 3 feet of
packed
earth
cover
either
upon
the
premises
of the owner or
upon
the
premises
where such animal isfound or in
other
approved
burial
places
for
dead animals or tohave such dead animal cremated within
forty eight
48
hoursafter the
animal shall
die If
any
person
failsor
neglects
to
bury any
dead animal as
provided
for
inthissection then
in
such case
it
will be the
duty
of the
Animal
Control
Center to
proceed
forthwith to
bury
or
cremate same and
any
such
person
so
refusing
or
neglecting
to
bury
or
cause tobe buried
any
such dead animal
as
herein
provided
shall
be
deemed
guilty
of a misdemeanor The owner or
possessor
of
any
dead
animal
may
submit said dead animal tothe Animal Control Center for cremationand
uponpayment
of the current service fee for
destroying
animals the Animal
Control Center shall
destroy
such animal
SEC 3 9
22 TAKING UP STRAY ANIMALS
Every persontaking up any
animal
liable
to
be
impounded
under the
provisions
of thisArticle shall
within
twelve 1 2 hoursafter
taking up
such animal
or
if the same
be
attached
to
a
vehicle
withinfour
4 hours
give
notice
thereof tothe
City
of
Oakland or to
any incorporated Society
for Preventionof
Cruelty
toAnimalsinthe
City
of
Oakland
the Animal Control Center or such
Society
shall
thereupon
take
such
animal into
custody
and
every person
to
whomsuch
animal
may
be
delivered
or who shall receive the same
shall
forthwith
upon
demand deliver such animal tothe Animal Control
Center
or tosuch
incorporated Society
for Prevention
of
Cruelty
toAnimals
9
Every persontaking
up
such animal
and
failing
or
neglecting
to
give
such
notice or
refusing
or
neglecting
todeliver such animal
tothe Animal
Control Center
or
such
incorporated Society
for
Preventionof
Cruelty
to
Animals
upon
demand shall be
deemed
guilty
of a misdemeanor
Any
incorporated Society
for
Preventionof
Cruelty
toAnimals
upon
re
ceiving
any
animal
liable
to
be
impounded
shall
thereuponnotify
the
Animal Control Center
thereof and
said
incorporated Society
for
Prevention
of
Cruelty
to
Animals
shall have the
right
after four 4
days
to
dispose
of
any
stray
animal if
not reclaimed Inthe
case of licensed
animals
the
disposition
ofsuch
animalsshall
be
in
accordance with
Section3
9
1 0
of this
Article No
chargesgreater
thanthose
asked
by
the
City
Pound
as
herein
provided
shall be
asked
by any
such
incorporated
Society
for
Pre
vention
of
Cruelty
to
Animals
SEC 3 9 23
REPORTS
OF THE
ANIMAL
CONTROL CENTER The
Animal Control
Center
shall make a
true and correct
report
tothe
City
Manager
onthe
fifth
day
ofeach month
of the
animalsof each kind
impounded during
the
previous
month of the number of each
kind redeemed
and
sold
and the
amount
received for each
therefor and ofthe number destroyed
ina
humane manner
of
each kind with the number
and kind
buried
and
the
amount received for
each therefor
SEC 3 9 24
KEEPING
CERTAIN ANIMALS IN
APARTMENT HOUSE HOTEL
AND BUSI
STRICT It shall be
unlawful for
any
person
toraise or
keep
live
chickens ducks
geese
or
other fowl or
pigeons
rabbits
guinea pigs
or
goats
in
any
enclosure or
yard
on
property
occupied by
an
apartment
house
or
hotel
or
in
a
business
district inthe
City
of Oakland
except
when
such
fowl or animalsare
kept
withina bona
fide
produce
market
commission
house
or
store
for
purposes
of trade and
while so
kept
are
confined in
small
coops
boxesor
cages
For the
purpose
of
thissectiona
businessdistrict
isdefined as
F
Genera
1
Bus
i
ness
Distri
ct
as
estab1 ished under the
provi
sionsof
Chapter
7 of the
Oakland
Municipal
Code
SEC 3 9 25 SANITARY
KEEPING OF ANIMALS No
person
shall
establish or
operate
a
pet shop
kennel or
animal
hospital
without first
obtaining
a
permit
therefor fromthe
City Manager
authorizing
himto
do
so
It shall
be
unlawful for
any person
inthe
City
of Oakland
to
keep
any
animal
in
any
animal
quarters
kennel animal
hospital
or
yard
which isnot
at all
times
kept
reasonably
clean
and
sanitary
tothe
satisfactionof the
County
Health Officer
SEC 3 9 26 KEEPING
OF CERTAIN ANIMALS AS
CONSTITUTING PUBLIC
NUISANCE
SUMMARY ABATEMENT IMPOUNDING
RECLAIMING
It
shall be
unlawful and
shall constitute
a
public
nuisance for
any person
to
keep
withinthe
limits
of the
City
of Oakland
any
animal which
unreasonably
disturbsthe
peace
and
1 0
comfort
of the
inhabitantsof the
neighborhood
inwhich such
animal
is
kept
or
interferes
with
any person
inthe reasonable and
comfortable
enjoyment
of life
or
property
or createsa
significant
riskof
injury
tolife
or
property
The
person
who in
any
instance
under the
authorizationof thisArticle is
engaged
in
enforcing
the
provisions
of thisArticle
shall utilizethe
citationmethod of
enforcement
provided
inthisArticle if that
procedure
is
reasonably
and
practicably
available toabate the nuisance
in
preference
tothe
summary
abatement
procedure
of enforcement
provided
in
this
Article
If
any
nuisance described in
thisSectionisof a
continuing
nature
and
if no
person
owning
or
having
custody
of the
animal
is
present
any
person
who is
authorized
to
enforce the
provisions
of
this
Articleand who him
self
perceives
the nuisance may
enter
any
premises
where such
animal is
kept
other thana
place
of
residence or closed
garage
or
out
building
and
summarily
abate the nuisance
ina
reasonable and humane manner
If
the nuisance
cannot be
reasonably
abated in
any
other manner the
animal
may
be
impounded
and
if
a clear
and
present
substantial
danger
to
human
lifeor
safety
exists the
animal
may
be
destroyed
inthe
absence
of
other
availablemeansof
restraint
A notice of
impounding
shall be affixed
to
the
premises
fromwhich an
animal is
removed and a
similar notice
shall be sent
to
the
owner of the
animal Ifthe
owner isunknown a
notice of
impounding
shall
be
mailed
tothe owner
of
the
property
on
which such
animal was
kept
at the address
given
on
the last
completed
assessment
roll of Alameda
County
The owner
or
personhaving
the
right
to
custody
of
any
animal
impounded
pursuant
to
thisSection
may
reclaimthe animal in
accordance with the
provisions
of
Section3 9 1 9 Ifthe
animal isnot
reclaimed withinseven
7
days
after it
is
impounded
the
animal
may
be
sold
or
destroyed
ina
humane
manner
SEC
3 9 27 KEEPING OF
FOWL It
shall be unlawful for
any
person
to
keep
any
ducks
geese
chickens
or
other fowlsin
any
enclosure inthe
City
of Oakland
unlessthe exterior
boundariesof said
enclosuresare more
than
twenty
feet from
any dwelling
church
or school
SEC
3 9 28 WATER FOWL IN
LAKE MERRITT
person
tothrowmissiles
of
any
kind at
fowl on
Lake Merritt
It
shall be unlawful for
any
or
disturb in
any
way
water
SEC 3
9
29
WILD BIRDS It shall
be
unlawful
for
any person
to
trap
snare or otherwise
capture
or
kill
any
wild
birdsinthe
City
of Oakland
except
water fowl and birds
of
prey
SEC 9 30 SQUIRRELS It
shall be unlawful for
any
person
to
import
into
the
lty
of Oakl nd
or
to
sell or
expose
for sale
or
exchange
or deliver
or dlstrlbute wlthln
the
Clty
of Oakland
any qround
squirrel
or
other
squlrrels
1 1
SEC 3 9 31 SALE
OF lOVELTY SMALL FmL
MID RABBITS PROHIRITED
It shall
b
unlawful
for
any
person
to
display
sell offer for sale
barter or
lve
away
inthe
City
of Oakland
any
live
baby
chicks rabbits
ducklings
or oth r fowl
as
ets
or novelti
es
Vihether
or not
dyed
colored
or
otherw1 se
art1 f1 c1 ally
treated
provided hOViever
this
Sectionshall
not
be
co strued to
prohibit
the
display
or
sale of natural chicks
rabbits
duckllngs
or other fowl 1 n
proper
facilities
by
dealers
hatcheries
or
stores
engaged
1 n the businessof sellinn
the same to
be
raised for food
purposes
SEC 3 9 32
ENFORCEMENT
BY CITATION
METHOQ Pursuant
to
Section
R36 5
of
the
California
Penal
Code membersof the
Oakland Police
Department
the Senior
Animal Control
Officer and the
Animal Control Officers
and
any
health
officer of the
County
of Alameda are
hereby
authorized
to
enforce this
Articleof the Oakland
Municipal
Code and
arrest violators
thereof
SEC 3 9 33 RULES AND
REGULATIONS The Chief of Police
shall have the
power
to
adopt
rulesand
regulations
for the
purpose
of
implementing
and
enforcing
the
provisions
of thisArticle
SEC 3 1 2 02 BICYCLE LICENSE
ISSUANCE The Chief of
Pol ice is
hereby
authorized and directed toissue a reqistration
card
and a California
Bicycle
License
which whenissued shall entitle
the Licensee
to
operate
such
bicycle
for which said license has
beenissued
upon
all streets
exclusive of
sidewalks
inthe
City
of
Oakland for the calendar
years
or
portion
thereof for which said license
isissued
SEC 3 1 2 03 BI
CYCLE LICENSE
PLATES AND REGISTRATI ON CARDS
LOSS
It
shall be the
duty
of the Chief
of Police tocause
to
be
attached to
the
frame of each
bicycle
a California
Bicycle
License and
toissue a
regis
tration
card tothe licensee
upon
payment
of the license
fee
provided
for
inthis
Article
Upon
lossor mutilation
of a license the
licensee shall
report
said
loss
Viithin
seven
7
days Upon
receipt
of
such
report
the
Chief of Police
shall cancel such licenseand issue
a new license
SEC
3 1 6 04 PROCEDURE
APPLICATION
pursuant
tothisArticleshall file
upon
a form
provided
by
said Clerk
Every person
desiring
a
permit
an
application
Viith the
City
Clerk
The
application
shall
specify
a
The
addressof
the
locationfor which
the
permit
is
required
to
gether
with the
businessname
of such
location
b
The name and
proposed
businessaddressof the
applicant
If the
applicant
isa
corporation
the name of the
corporation
shall be set
forth
exactly
as
shown
in
itsarticlesof
incorporation
and the
applicant
shall also
set
forth the
date and
place
of
incorporation
the
namesand
residence addressesof each of the
officersdirectors
and each stock
holder
owning
more than
ten 1 0
percent
of
the
stock
of the
corporation
Ifthe
applicant
isa
partnership
the
application
shall
set forth the name
and residence addressof each
of the
partners
including
limited
partners
Ifone
or more
of
the
partners
isa
corporation
the
provisions
of this
Section
pertaining
to
a
corporate applicant apply
as
tosuch
partner
or
partners
1 2
c Whether or
not the
applicant
or
any
officer or director or member
of
applicant
as the case
may
be hasever
beenconvicted of
any
crime
except
misdemeanor trafficviolations In
additionto
the
foregoing any
corporate applicant
will state whether or not
any
stockholder
owning
more
thanten 1 0
percent
of the stock
of
such
corporation
hasever beencon
victed
of
any
crime
except
misdemeanor traffic
violations If
any person
mentioned inthis
subsectionhasbeenso
convicted
a
statement must be
made
giving
the
name
of
the
person
so
convicted the
place
and court in
which the convictionwashad the
specificcharge
under which the convic
tionwasobtained and the
sentence
imposed
asthe
result of said convic
tion
d The names and
addressesof the
persons
who have
authority
or
control
over the
place
for which the
permi
tis
reques
ted and a brief statement of
the natureand extent of such
authority
and control
e Such
information
pertinent
tothe
operation
of the
proposed activity
inc1 udi
ng
informationasto
management
au
thority
control financia1
agree
ments and lease
arrangements
asthe
City Manager
may require
of an
applicant
in
addition
to
the other
requirements
of this
Section The
foregoing examples
are in
explanation
and not inlimitationof the
informa
tionwhich the
City Manager
may
require
f
The address
towhich notice when
required
is
to
be sent or
mailed
and the name
and addressof a
person
authorized to
accept
service of
process
ifnot otherwise set forth herein
g
I
hether
the
app
1 icati
on
isfor a
new
permit
or for the renewal of an
existing permit
h
The
City Manager
may require
further informationashe deems
necessary
SEC 5 2 031 CHIEF
OF
POLICE AS
THE
INVESTIGATING
OFFICIAL Whenever the
Chief of Police isthe
investigating
official
pursuant
tothis
Chapter
the
applicant
shall
pay
tothe
City
Clerk on
filing
the
application
or an
application
for renewal a fee to
pay
for the
cost
of
such
investigation
SEC 5 6 05 APPLICATION FOR MASSAGE
PARLOR PERMIT The
application
for a
massage
parlor permit
shall
containthe
following
information
a The addressof the
proposed massage parlor
b The use towhich the
structure
or
part
thereof in
question
is
presently
being
put
c The
applicable zoning
d
The number of
persons
intended to
be
employed
thereinas
massage
technicians
e The number of
fire
escapes
f
Such further or other
information
as
may
be
required by
the Fire
Marshal
the
Plumbing
Electrical Mechanical or
Building
and
Housing
Inspectors
in
connectionwith their determinationas
to
compliance
with
applicable
codesand laws
1 3
SEC 5 6 07
APPLI A ION FOR
MASSAGE
TECHNICIAN PERMIT
The
application
for
massage
teChnlClan
permlt
shall contain
the
following
information
a Name
and residence
address
b Social
security
number and drivers
license
number or suitable
substitute for
the drivers
license
c
Applicant
s
height weight
color of hair
and
eyes
d
Written
evidence that
applicant
isat
least
eiqhteen 1 8
years
of
age
e Business
occupation
or
employment
of the
applicant
for
the three
3
yearsimmediately
preceding
the
date of
application
f Name and addressof the
recognized
massage
school that the
applicant
attended and a
copy
of the
diploma
or certificate
of
graduation
awarded
showing
that the
applicant
has
completed
not less
than
seventy
70 hours
of
instruction
g
The
fingerprints
and a
photograph
of
the
applicant
SEC 5 9
21 5 AUCTION JEWELRY INVESTIGATION OF APPLICATIO
Upon
re
ceipt
of an
application
for a
jewelry
auction
permit
the Chief of Police
or his
representative
shall check
each
itemof the
inventory
submitted
with the actual iteminthe
applicant
s
place
of business and make
an
investigation
to
ascertainthe truthfulnessof the sworn
statement sub
mitted
by
the
applicant
SEC 5 9 21 7 AUCTIONS JEWELRY If the Chief of
Polcie shall
determine
that
a
jewelry
auction
permit may
be issued
to
the
applicant
he
shall
in
writing
state
the number
of
days
for which such
permit
shall be
issued A
representative
of
the
Police
Department
shall attend the sale
and such
person
shall check each item
offered
for
sale or sold with the
inventory
filed
by
the
applicant
with the
City
Clerk and he
shall enter
onsuch
inventory
thedate of the sale of each itemand the
price
thereof
SEC 5 1 1 09 UNLAWFUL TO ACT AS PRIVATE PATROL WATCHMAN WITHOUT
PERMIT
It
shall be
unlawful for
any person
toact asa
private patrol
watchman
or for
any
person
holding
a
private patrol
system
permit
to
employ
or
permit any person
toact as a
private
patrol
watchman unlesssuch
person
holdsanunrevoked
permit
toso act as
provided
inthisArticle The
holder of
a
permit
for
a
private system
may
filewith the
City
Clerk an
application
in
triplicate
requesting
that
a
permit
toact
as
a
private
patrol
watchmanbe issued tothe
person
therein
named The
application
shall
be
upon
a
form
supplied
by
the
City
Clerk
and
shall be sworn
to
before a
person
authorized toadminister oaths and must state the
length
of time that the affiant hasknownsuch
person
that he has
investigated
such
person
and believeshimtobe
a manof
good
character
honesty
and
reputation
competency
and
integrity
and
physically
and
mentally capable
of
performing
the dutiesof
private
patrol
watchman and that hewill
require
such
person
if a
permit
is
granted
tohimtoconformtoand
abide
by
all
requirements
of thisArticle Ifthe
applicant
is
the
holder of
a
private patrol
system
permit
he
need
only
file
the
written
statement
required by
Section5 1 1 1 0
ofthisArticle
1 4
SEC
5 1 4 1 6
PUBLIC
MOTOR VEHICLE STANDS
T e
Traffic
Engineer
may
up
n
the
written
app1 ication
of
any
taxicab or
s1 9htseelng
busowner
permlt
such owner
to
allow
any
vehicle
ope
ated
b h1 m
tostand
at
certa1 n
placesdesignated
for
said owner
wh1 1 e
awa1 t1 ng employm
nt Such
appl
ca
tion
shall state
the number
and kind
of
vehiclesfor Wh1 Ch
he erm1 t
1 S
sought
and the
proposed
locationof
such stands
Such
appl1 cat1 0n
must
be
accompanied
by
the
written
consent of
the
pers
n
pr1 marl1 y
affected
by
reason
of the
fact that
such vehicle
shall
stand 1 n front
of
the
premlses
either
owned or occupied
by
himor in
which he 1 S o
herwlse
lnterested
Not
more
thanthree
3
such vehicles
shall be
permltted
to
stand
upon
either
side of a
street withinthe
limitsof
anyone
block
No
perm1 t
shall
be issued
for
any
stand
to
be located within
seventy
f1 ve 75 feet
of
another
such stand onthe
same side
of
any
str et nor
sha l more than
two 2
standsbe
granted
to
any
owner
for each
llcensed
publlC
motor
vehicle No
owner
shdll
permit
any
vehiclC
operated
by
hllll Jnd
no
drlver
shall cause
any
such vehicle tostand while
awaiting
employment
at
any
place
other thana stand for which
a
permit
hasbeen
granted
to
himas
herein
provided
and not
more thanone
1
such vehicleshall
be
so
per
mittedor caused tostand in
anyone
stand at
any
time
except
however
that
where
inthe discretion
of the
City Manager public
conveniencesso
require
two 2 such vehiclesshall
be
permitted
or caused tostand in
anyone
stand
It shall
be unlawful for the driver of
any
vehicle other thanthe
of a
public
vehicle
for
which the stand
permit
hasbeenissued to
or leave
standing
such vehiclein
any
public
motor vehiclestand
such standsshall be
distinctly
identified
as such
driver
park
All
SEC 5 1 5 1 5
STRUCTURAL PEST CONTROL CERTIFICATE APPLICATION FOR
EXAMINATION AND FEE
Application
for
a
structural
pest
control certifi
cate
required by
Section
5 1 5 1 4
of
thisArticleshall be
made
in
writing
upon
forms
supplied
by
and shall be filedwith the
Building
Inspector
Such
application
shall
set forth a full identification
of the
applicant
his
past
experience pertaining
to
the control and exterminationof
structural
pests
and such further informationas
the
Building Inspector
may
require
Upon
the
filing
ofsuch
application
or at such
subsequent
time asthe
Building Inspector
may
designate
the
Building Inspector
together
with
such
other
competent
persons
as the
City Manager may
designate
shall
examine the
applicant
for the
purpose
of
determining
whether he isCOIll
petent
and
qualified
withinthe
requirements
of thisArticleand within
the sound discretion
of said examiners to
engage
inthe businessof
structural
pest
control
Ifthe
applicant
isfound to
be so
qualified
he shall be
granted
a certificate so
stating
Provided
however that the
Building Inspector may accept
a Class
A
Class
B or
Class
D
certificate issued
uponexamination
by
the
St
ructura
I
Pes
tContra
I Board
of the
Department
of Professi
ana
1
and
Vocational Standards
of
the
State of California
as evidence
of
the
qualifications
of the
applicant
and
grant
a
certificatetosaid
appli
cant
without further examination In
that event the aforesaid
examination
fee shall
be waived
1 5
SEC
5
1 5 1 7
STRUCTURAL PEST
CONTROL PERMIT AND FEE It
shall
be
unlawful
for
any
person
tocommence
or
do
any
structural
pest
control work or
to
cause
the same
tobe commenced or done inthe
City
of Oakland without
first
obtaining
fromthe
Building
Department
a
permit
toclo
so
Applica
tion
for
such
permit
shall
designate
the nature
of the
work to
be done and
the locationthereof
The
Building
Inspector
may
examine
thestructure
Dr
building concerning
which
a
permit
is
applied
for
before
issuing
said
permit
No such
permit
shall
be
granted
unlessthere
ison
deposit
a bond
in
compliance
with
Section5 1 5 1 9 of this
Article and nosuch
permit
shall be
granted
to
other than
a holder
of
a
structural
pest
control
certificate
required by
Section5 1 5 1 4 of
thisArticle All work done
under such
permit
shall be done
by
or under the
personal supervision
of il
certified
operator
SEC
6
1 1 6 SIDEWALK
AND DRIVEWAY GUARANTEE DEPOSIT
Before the issuance
of a
permit provided
for
inSection6 1 1 2 of
thisArticle the
person
desiring
the same shall
deposit
with the
City
of Oakland a Guarantee
Deposit
n
No Guarantee
Deposit
will be required
for
the
private
con
struction
on
unimproved
streets
of
asphaltic
concrete
driveways
or
driveway
access
bridges
However
said Guarantee
Deposit
shilll be
n
quired
when
the applicant
for said
permit
shall be
a
dwelling
owner
residing
therein
when the
work tobe
performed
under said
permit
shall consist of the
construction
repair
of
the
concrete
sidewalk or
concrete
driveways
inthe
sidewalk
area
abutting applicant
s
property
and whenno such
permit
shall
have beenissued
to
said
applicant
for
any
such
work inthe sidewalk area
adjacent
tosaid
dwelling
withina
period
of twelve
1 2
months
preceding
the
date
of
application
The said
guarantee deposit
shall be retained
by
the
City
of
Oakland
for
a
period
of
twelve 1 2 monthsafter the date
of
completion
of the work called for inthe last
permit
issued
and
no
permit
shall at
any
time be issued unlesssuch
guarantee deposit
shall be reim
bursed
by
the
depositor
for
any
deductionsmade
as
inthisArtir1 e
pro
vided Ifwithintwelve 1 2 monthsafter the
completion
of
the work
called for in
any permit
the sidewalk and or
driveway
should
break
disin
tegrate
or
otherwise fail to
comply
with the
provisions
of thisArticle
the
Superintendent
of Streets
of
said
City
shall
notify
the
person
making
the
deposit
of such break
disintegration
or
failure and
specify
the
repairs
needed
or
work tobe done and
such
person
shall within
ten
1 0
days
from
the date
of such notice make such
specified repairs
Ifsuch
repairs
be
not
made
vlithinthe fixedtime the same
may
be
made
by
said
Superintendent
of Streetsand the
cost of said
repairs
shall be
paid
from
the
guarantee
deposit
on
hand
with said
City
demand
being
made for said
costs
by
the
Superintendent
of Streets After the
lapse
of twelve 1 2
monthsfromthe date of
completion
of
the work
called for inthe last
permit
issued to
any permittee upon
demand of such
permittee
or the
successorsof
assigns
thereof where such
transfer
of
assignment
ismade
inthe manner ashereinafter
provided accompanied by
a
certificate from
the
Superintendent
of Streets
stating
that all needed
repairs
have been
made and thisArticle
otherwise
complied
with the
City
of Oakland shall
return
the
guarantee deposit
or such
portion
thereof as
may
remainafter
deductionof
all
feesand or
amounts
due
tothe
person
depositing
the
same or hissaid successorsor
assigns
1 6
SEC
6
1 251 CURB AND GUTTER GUARANTEE DEPOSIT Before
the issuance of
a
permit provided
for
in
Section6
1
25
of thisArticle the
person
desiring
the same
shall
deposit
with the
City
of Oakland
a
Curb and Gutter
Guarantee
Deposit
However
any
contractor
maintaining
a
guarantee
de
posit
for sidewalk construction
as
provided
inSection6 1 1 6 of th s
Article
is
excepted
fromthis
provision
Thissaid
guarantee deposlt
shall
be retained
by
the
City
ofOakland for
a
period
of twelve 1 2
monthsafter the date of the
completion
of the work called for inthe last
permit
issued and
no
permit
shall at
any
time be issued unlesssuch
guarantee deposit
shall be reimbursed
by
the
depositor
for
any
deductions
made asinthisArticle
provided
If withintwelve 1 2 monthsafter the
completion
of the work called for
in
any
permit
the curb or
gutter
should
break
disintegrate
or otherwise fail to
comply
with the
provisions
of
thisArticle the
Superintendent
of Streetsof said
City
shall
notify
the
personmaking
the
deposit
of such work break
disintegration
or
failure
and
specify
the
repairs
needed or work tobe done and such
person
shall
within
ten
1 0
days
fromthe date of such notice
make such
specified
repairs
If
such
repairs
be
not
made
vlithinthe fixedtime the
same
may
be rlade
by
said
Superintendent
ofStreetsand
the cost
ofsaid
repairs
shall be
paid
fromthe
guarantee
deposit
on
hand
ith
said
City
demanrl
being
made for said
costs
by
the
Superintendent
of
Streets After the
lapse
of tlIelve 1 2 monthsfromthe date
of
completion
of the lark
called
for inthe
last
permit
issued to
any permittee upon
writtendemand
of such
permittee
or the successorsor
assigns
thereof
accompanied by
a
certificate from
the
Superintendent
of Streets
stating
that
all needed
repairs
have been made and thisArticleotherwise
complied
with the
City
of Oakland shall
return
the
guarantee deposit
or such
portion
thereof
as
may
remainafter deductionof all fees
and or amountsdue to
the
person
depositing
the same or hissuccessors
or
assigns
SEC 6 1 28 PRIVATE
CONSTRUCTION OF
CURBS
AiJD
GUTTERS APPOINTMENT
AND
COMPENSATION
OF INSPECTORS
ENGINEERING SERVICES The
Superintendent
of
Streetsshall have the
same
power
to
appoint
suitable
persons
to
superin
tend or
inspect
the
curb and
gutter
constructionwork
by
private
contract
as
is
or
may
be
vested inthe
Superintendent
of Streets
by
the lawsof
the State
of California
inthe case
of
public
contracts
SEC
6 1 33 APPLICATION FOR
AND CONTENTS OF
PERMIT A
separate
application
must be filed
for each
permit Application
for a
permit
toinstall
a
flagpole
socket or
socketsshall be filed in
the Office
of the
Superinten
dent of Streets
who shall
forthwith have an
investigation
made of the
premises
wherein
said
flagpole
socket or
socketsisor are
sought
to
be
installed
Such
application
shall be
accompanied by
a sketch or
design
showing
the location
of each of
the
proposed flagpole
sockets The
City
Manager
may
refuse
to
approve
the
issuance of
a
permit
toinstall
flagpole
socketsunless
a
majority
of
the
frontage
of both sides
of the street in
anyone
block istobe used
for socket
installation The
City
Manager may
whenin
his
judgment
deemed
advisable
require
uniform
spaCing
between
sockets
ofnot
more than
twenty
five feet 25 and
not lessthan
fifteen
feet 1 5 A
permit
toinstall
a
flagpole
socket or socketsshall
contain
inaddition
tothe
requirements
therefore
contained inthisArticle
such
other and
further
requirements
as inthe
judgment
of
the
Superintendent
of
Streets
or the
City Manager
the locationof the
proposed flagpole
socket
or
sockets
require
1 7
SEC 6 1 35 GUARANTEE
DEPOSIT
REQUIRED No
permit
for
installing
a
flag
pole
socket shall be
granted
until the
applicant
therefore has
deposited
with the
City
ofOakland
a
guarantee deposit
The said
guarantee
deposit
shall be retained
by
the
City
of Oakland for
a
period
oftwelve 1 2 months
after the date of
completion
of the
flagpole
socket called for in
the
last
permit
issued
tothe
said
applicant
and
nopermit
shall at
any
time
be
issued
unlesssuch
guarantee deposit
shall be reimbursed
by
the
depositor
for
any
deductionsmade as
herein
provided
Ifwithintwelve 1 2 months
after the installationof the
flagpole
socket called for in
any permit
the
saidsocket so installed or the sidewalk curb or
cement inwhich said
socket isinstalled because of such installation shall break
disinte
grate
or
otherwise fail to
comply
with
the
provisions
of thisArticle in
relation
thereto or
otherwise fail to
comply
with
any special
provisions
required by
the
City Manager
before
issuing
said
permit
therefor the
Superintendent
of Streetsof
the
City
of Oakland shall
notify
the
person
fir
or
corporationmaking
the
deposit
of such break
disintegration
or
failure
and
specify
the
repairs
needed or
work
tobe done
and such
person
shall within
three
3
days
fromthe date of such notice make Dr
do
such
specified
repairs
or
work Ifsuch
repairs
Dr work be not made or done
within
the
fixed
time
the same
may
be
made or done
by
said
Superintendent
of Streets and the cost of same shall
be
paid
fromthe
guarantee
deposit
on
hand with said
City
demand
being
made
for
said
cost
by
the
Superinten
dent
of
Streets After the
lapse
of twelve
1 2
months
fromthe
date of
the installationcalled for
inthe last
permit
issued to
any
permittee
upon
writtendemand
of
such
permittee
Dr
the
successors
or
assigns
thereof
where
such transfer or
assignment
ismade
in
the manner
provided
in
Section
6 1 20
of thisCode
accompanied by
a
certificate fromthe
Super
intendent of Streets
stating
that all needed
repairs
and
work
have
been
made and
done and
the conditions
upon
which said
permits
were issued
otherwise
complied
with the
City
ofOakland shall returnthe
guarantee
depo
it
nr such
port
i
on
thereof
ilS
n1 ilY
relllainil fter deduct innof all
costs
or
repairs
made or work done asaforesaid tothe
personposting
the
same or his
successors
or
assiqns
No
transfer
of said
guarantee
deposit
shall
in
any way
affect the
liability
of
said
deposit
for
any
work done
by
the
person
transferring
it
nor
shall it in
any
way
affect
the
liability
of such
person
under
the
provisions
of thisArticle
appli
cable tothe installationof
flagpole
sockets
SEC 6 1 441 DEPOSIT OF
PERFORMANCE SECURITY No
permit
shall be issued
and no
existingpermit
shall
be
valid until
the holder or
applicant
therefor shall
have
deposited
with the
City
of Oakland
a
security
quaranteeing performance
of all of
the
requirements
of thisArticle
per
taining
tosidewalk benches
Inthe
event
the
permittee
shall fail
to
comply
with
any
of the said
requirements
to
this
Article
the
City
Manager may
cause
whatever
may
be
required
tobe done to
satisfy
such
requirements
and shall
charge
the coststhereof
against
the aforesaid
depos
it
The
permittee
may
recover the bench
ifwithin60
days
after the
removal
he
pay
the
cost
of
such
removal and
storage
After 60
days
the
City
Manager may
sell
destroy
or
otherwise
dispose
of
the bench at hisdis
cretion
All
of the
foregoing
shall
be
at
the sole risk of the
per
mittee
and
shall be
in
addition
to
any
other
remedy provided
by
law
for
the violationof this
Article
1 8
SEC 6 2 01 DISTURBANCE OF STREETS PERMIT It shall
be
unlawful
for
any
person
tomake
or cause or
permit
to
be made
any
excavationinor under
the surface of
any public
street
alley
sidewalk or
other
public
place
for the installation
repair
or removal of
any pipe
conduit
duct
or
tunnel or for
any
other
purpose
without first
obtaining
fromthe Office
of
Pub1
ic Horksa written
permit
tomake such excavation Said Office
shall before
issuing
such
permit require
First
Application
for the
permit
shall be made
in
writing
to
the Office
of the Director of Public
Horks
on
formsfurnished
by
said Office The
application
shall contain
such
information
as the Director of Public
Works
may require
and
be made in
quadruplicate
and filedwith himfor
processing
Plansand
profiles
in
quadruplicate
showing
work
to
be done location
limitsof work locationof
pavement replacement types together
with
such further information
asthe Director of PublicWorks
may
require
shall
be furnished
by
the
applicant
when
requested by
the Director of
Pub 1
i
c
Jorks
Ifan
emergency
street cut
opening
or excavationismade
application
for
a
permit
shall be made
onthe next
working day
If the
street
cut
opening
or excavationistobe made in
a
State
Highway
the
permittee
shall also
comply
with all lawful
requlations
of the Divi
sionof
Highways
Director of PublicWorks
State of California and
procure from
such
Divisionall lawful
permits
required
therefor
by
the
State of California
Second That the
applicant
show
legal authority
to
occupy
and use for
the
purpose
mentioned insaid
application
the
streets
alleys
sidewalks
or other
public places
wherein
the excavationis
proposed
tobe made
It
shall be unlawful
for
any person
tomake
or
to
cause or
permit
to
be IHade
any
excavation
or
toinstall
or maintain or tocause
or
permit
to
be installed
or maintained an tank
pipe
conduit duct or tunnel in
or unJel the sur face of
any
pub
1
ic street
alley
s
idewa
1
k or other
pub
1 ic
place
at
any
locationother thanthat described
inthe
application
and
shownonthe
plans
filled
by
such
person
as
required by
the
provisions
of
this
Article
Third All
permitsgrante
under thisarticle
shall
imply
that all
pipes
conduits vaults ducts
and other
underground
installations
shall be of
the
quality
installed
inthe manner and
subject
tothe
inspection
pre
scribed elsewhere
inthe Oakland
Municipal
Code
SEC 6 2
02 APPLICATION FOR PERMIT
TO EXCAVATE
When
application
for
a
permit
ismade as
provided
for
inSection6 2 01
of thisArticle and
such
application
toexcavate and the
detailsshown
upon
the
accompanying
plans
when
such
plans
are
required
comply
with the terms
of
this
Article
and
the
regulationsof the
City
Council
the
application
and
plans
shall
be
approved by
the Director of
Public
Works After such
approvals
one
of the
plans
shall be filed
inthe Officeof
the Director ofPublic
Works
as
a
public
record
The
application
and
one of the
plans
shall
be filed
with the Office
of PublicWorks
1 9
SEC 6 2 03 EXCAVATION
FlR SEWER CONNECTIOrL DEPOSIT When
an
application
ismade for
a
pennit
toexcavate
for the
purpose
of
makinq
a
house
connection
with
a sewer
or for
repairs
tothe same
the
person
makinq such
application
shall make a
special
deposit
for each excavationwith
the
City
of Oakland ifsuch
excavationis
tobe
made ina
paved
street
ina
street
that has
not
been
paved provided
however
that
any
person
may
make
and
maintainwith the said
City
of Oakland a
qeneral deposit
which
general
deposit
shall be used for the same
purpose
as the
special
deposits
for
house connections
referred tointhisSection
and while
such
qeneral
deposit
is
maintained
such
person
shall not be
required
tomake the
special deposits
for such
purpose
as
in
Section6
2 02 of thisArticle
provided
for but
shall be
required
to
comply
with
all of the other
pro
visionsof this
Article
SEC 6 2 04
EXCAVATION FOR STORAGE TNIKS DEPOSIT
ihenever
any
per
on
desirestoinstall or
repair
a tank or tanksfor the
storage
of
gasoline
or
oil
in
lieu
of
the
separate deposits
inSection6 2
02
of
thisArticle
set
forth said
person
may
make and
maintain
with
the said
City
of Dakland
a
general
deposit
Hhich
general deposit
shall be used for the sali e
pur
pose
as the
special
deposits
referred
toin
Section6
2 02 of this
Article
and while such
general
deposit
ismaintained said
person
shall
not
be
re
quired
tomake the
special deposits
for such
purposes
asinsaid Section
6
2
02
provided
for but shall be
required
to
comply
with
all of the other
provisions
of thisArticle
SEC 6 2 1 0
COMPLETIONS OF WORK BY CITY Ifthe work
is
unduly delayed
by
the
permittee
and ifthe
pub
1 ic i
nterests
reasonab
1
y
so
demand the
Director
of
PublicWorks
shall have
authority upon
writtennotice tothe
permittee
to
complete
the
work or
any portion
thereof
SEC 6
2
1 1 5
STREET
MAINTENArJCE After
the
completion
of
the work the
permittee
shall exercise
reasonable
care
in
insl
ec
tinq
for and
il
lmediately
repairing
and
making good
any
injury
or
dal
laqe
to
any
portion
of the
street
which occursas a result of
work done under the
permit
inc1 udi
ng
any
and
all
injury
or
damaqe
tothe street which
would not have occurred had such
work
not
beendone
The
permittee
shall
upon
notice fromthe
Oirector
of Public
Jorksor his
authorized
representative immediately repair any
injury
or
damaqe
in
any
portion
of the
street
which occursasa result of
the
work
done under the
permit including
any and all
damage
to
the street which would not
have
o curred had suc work not
beendone and which in
the
opinion
of
the
D1 re tor
of Publ1 C Works or hisauthorized
representative
constitutesa
p
bl c hazard
Inthe event
such
repairs
are not made
by
the
permittee
1 th
1 n
twenty
fo
r
24 hoursafter notice
the
Di
rector
ofPub 1 ic
lorks
1 S
hereby
authorlzed tomake such
repairs
SEC 6 2 32 TRACKS
REPAIRS TO BE
MADE
BY
CITY
IF IOT MADE UPON NOTICE
After
service of noti
ce
to
make
any repai
rs as
provi
ded
for inSection
6 2
31 of
hiS Article
and the
time
for
beginning
work
as
specified
hav1 nq exp1 red
the
Superintendent
of
Streets
may
proceed
to
make
any
necessary
rera1
rs
Any
ork
provided
for
by
Section
6
2 31
of
this
ArticleIIlUSt be
commrncvd
w1 thlnthr
e
3
days
after
service of notice and
prosecuted
dili 1 f ntJ
o
complet1
n
unlessthe time for
beginning
work
isotherwise
specifil
J
1 nsa1 d notlCe
20
SEC 6 2 48 MOVING BUILDINGS PERMIT It shall
be unlawful
for
any person
tomove or cause
tobe moved
any building
in on
upon
across
or
along
or into
any
public
street
or
highway
inthe
City
of Oakland without first
obtaining
a
permit
in
writing
to
do so
Application
for such
permit
shall
be filedwith the
Building Inspector
and shall
specify
the size and
character of
the
building
to
be
moved the
place
fromwhich and
the
place
to
which said
building
istobe moved the
method
of
such
moving
and
the
proposed
route
to
be followed Said
app
1 icat i
onsha
1 1
be
accompani
ed
by
a
recent
photograph
of
the buildin to
be moved
SEC 6 2 62 STREET OBSTRUCTION GUARANTEE DEPOSITS METERED AND UNMETERED
AREAS The
permitsrequired
by
Section
6 2 60
ofthisCode shall be
granted only
tothe
owner or
lessee
or
agent
ofeither
ofthe
lot
upon
which
a
building
is
proposed
tobe constructed
altered
or
repaired
Jhen
an
application
ismade
for a
permit
the
person
making
such
applica
tionshall make
a
deposit
with the
City
of Oakland for each and
every
twenty
five 25 feet of the
frontage
of said lot or fractionthereof
which istobe
occupied
ina
parkinq
meter
district
or
for each and
every
fifty
50 feet of lot
frontage
or fraction
thereof
which istobe
occupied
inunmetered
areas as the case
may
be Said
deposit
shall
guarantee
tothe
City
of
Oakland
that the
permittee
will remove or cause
to
be removed all dirt debris
and materials
of
any
kind fromthe street
roadway
or sidewalk
area
to
the satisfactionof said
Superintendent
of
Streets and shall reimburse the
City
for the loss
of
meter
revenue
where
said
obstructionexistsinmetered areas Said removal shall be done
immediately upon
the
completion
of the construction alteration
or
repair
of said bui
lding
or withinthe time limit
prescribed by
said
permit
Provided however
that
ifat
any
time
prior
thereto
the
Superintendent
of Streetsdeclaresthat the
public
interest or convenience
requires
the
rel
lOval
of
same
or
any
portion
thereof
thensaid
permittee
shall
promptly
remove
or cause
tobe
removed
said
materialsfromsaid
areas
Every permit granted
as inSection6 2 60 ofthis
Code
provided
and
every
perrlit
for
temporary
obstruction
shall be the
subject
tosuch condition
or
uarantee
SEC
6 2 68 SPUR TRACK DEPOSIT
Each
application
tothe Council for
a
spur
tract
permit
shall be
accompanied by
a
deposit
SEC
6 3 06 PERMITS
GENERALLY The Board
of Park Directors
may
authorize
the
Superintendent
of Parks
or
any
other officer
under its
jurisdiction
to
issue
permits
in
thisArticle
required
to
be secured
fromthe said
Board and notices
inthisArticle
required
to
be
given
Every permit
granted
under Section
6 3
04 of thisArticle
shall
specifically
prescribe
the work tobe
done under
it and sha
1 1
expi
re
sixty
60
days
fromits
date
Any
permit
oranted
may
be
revoked
by
the Board
of Park
Directors
at
any
time
upon
satisfactory proof
to
said Board
that the
privilege
thereunder
is
being
abused
SE
6 4 20 PAYMENT BY
BUILDING
AND
HOlJSING DEPARH1 ENT LIEN
Upon
re
CP
lpt
of the
complaint
filed
in
accordance with
Section
6
4 1 9
the
Administrator
shall
pay
the
amount due
the Collector
froma
re
olvinq
fund
provlded herelnunder
Section6 4
26 and the Owner
shall be liable
to
the
City
for
serv
i
ce
charges
pa
id
21
The
payment
by
the
City
will
upon
the recordinQ th reof inthe manner
herein
provided
create a
lienon
the
real
propertv
towhich
the service
was
rendered The lienwill be
officially
recorded in
the
County
Recorder s filesthe
lien
may carry
additional administrative charnes
The
owner
shall
be
notified
by
the Ad inistrator that the service
charges
and administrative
charges
are due the
City
Inaddition the
Owner shall be notified that if the service chargesand
administrative
charges
remain
unpaid subsequent proceedingsmay
be takentomake said
service
charges
and administrative
charges
a
special
assessment onthe
real
property
to
which
said
garbage
service wasrendered
SEC 6 4 21 COLLECTION
OF
DELINQUENT
CHARGES AS
A
SPECIAL ASSESsr ENT
The
Administrator
may
initiate
proceedings
tomake the total sum
of
delinquent charges
consisting
of the
delinguent garbage
collection
service
charges
and administrative
charges
asa
special
assessment
against
the
parcels
of
the
property
situated within
the
City
towhich
said service wasrendered
and
charges
paid
by
the
City
SEC
6 7
02 IMPOSITION OF
SEHER SERVICE CHARGE
Every person
in
vlhose
name
sewage
disposal
service
of the District is
granted
shall
pay
a
chi
rge
for the USf of sever
facilities
owned and
operated by
the
City
a The
applicable
volume of water
upon
which
charges
shall be based
will be determined asfollows
For
premises
where no
portion
of the
water received from
any
source is
consumed in
manufacturing
or isremoved fromthe
premisesby
means
other
than
sewers the sewer service
charges
shall be
applied against
the
total amount
of
water used fromall sources asascertained
by
the
District for
sewage
disposal
service
chargesimposed
by
such District
withinthe
City
For
prer
iseswhere
a
portion
of the water received from
any
source does
not flow
into
sewers because of
manufacturing
or removal
by
other means
the sewer service
charge
shall be
applied
against
the volume of
water
discharging
fromsuch
premises
intosewers asascertained
by
the Dis
trict for
sewage disposal
service
charges
imposed by
said District
withinthe
City
b The
charges
established
on
receipt
of
bill
therefor
City
or
to
the District as
and assessed shall
become
due and
payable
Such
charges
shall
be
paid
directly
tothe
directed
upon
the bill
SEC 7 4
41 CHECKING OF ENGINEERING INFORMATION
ON FINAL MAP The Sub
divider shall furnish the
City Engineer copies
of the fieldnotes
traverse
sheets
and all
other data
necessary
to
ascertainthat the Final
Map
is
technically
correct
SEC 7 4 71
CERTIFICATE OF COMPLIANCE
certificate of
compliance
shall
be
issued and recorded as
provided
inSection66499 35 of
the
Subdivision
and
Map
Act of the
State of California
Application
therefor
shall be
made to
the
City
Engineer
SEC 7 5 09 TENTATIVE
PARCEL MAP REVIEW Five
prints
of
a
Tentative
Parcel
Map prepared
in
conformance with Section7
5 08 shall be filed
with the
advisory
agency
22
Upon receipt
ofthe Tentative Parcel
Map
it shall
be reviewed
by
the
agency
and referred
to
the
City Engineer
for
report
The
advisory agency
shall not act to
approve
or
conditionally approve
a Tentative
Parcel
Map
until after such
report
hasbeenreceived
The
advisory
agency
shall within
fifty
50
days
after the
receipt
of
the Tentative Parcel
Map
act
upon
the
map
and
thereafter
notify
the
Divider that the
map
is a
approved
b
conditionally approved
or
c
disapproved
If
the
agency
failstoact withinthe
prescribed
time
limit
the Tentative
Parcel
Maps
shall be deemed
approved
The
advisory agency may
inits
discretion refer
any
Parcel
Map
to
the
City Planning
Commissionfor itsaction
The time limits
prescribed
hereinfor
the
acting
upon
and
reporting
on
Tentative Parcel
Mapsmay
be extended
by
mutual writtenconsent of the
Divider and the
agency
SEC 7 5 1 5
CERTIFICATE
OF
COMPLIANCE A certificate
of
compliance
shall
be
issued and recorded as
provided
in
Section1 1 538 3
of
the Business
and
ProfessionsCode of the Stateof California
Application
therefor shall
be made to
the
City
Engineer
SEC 9 2 02 CASH DEPOSIT
REQUIRED
DEPOSIT
FUND
Every
person
obtaining
a
license under the
provisions
of thisArticleshall
deposit
and
shall
ma
inta
inon
depos
it with the Bureau of Permitsand Licenses
subject
to
the
provisions
inthis
Chapter
contained a sumof
money
incash as a
guarantee
for the
payment
of all feesfor
permits
and
inspections
that
may
become
due
and be owed
by
said
person
tothe
City
of Oakland and
as
a further
guarantee
that all electrical work done under the
authority
of
said licensewill be done in
compliance
with all the
provisions
and re
quirements
of this
Chapter
and of the rulesand
regulations
established
under the
proviSions
of this
Chapter
The
Bureau of
Permitsand Licensesshall receive the
deposits
aforesaid
and shall cause
the same
tobe
placed
in
the
City Treasury
ina
special
trust fund tobe known
as
the
Permitsand License
Deposit
Fund Ihich
fund is
hereby
established
SEC 9
2 03 WITHDRAWALS FRO
l
DEPOSIT
IJhenever in
pursuance
of
any pro
visionof this
Chapter
it shall become
necessary
todeduct fromthe
deposit
made
by any
licensee
the amount of
any
fees
or other
charges
which shall be due and
owing
to
the
City
of
Oakland
by
such licensee
the
Supervising
Electrical
Inspector
shall draw
a
check
against
the said
deposit
payable
tothe
proper
bureau
department
or officer of the
City
of Oakland and
uponapproval
ofsaid
check
by
the
Auditor Controller
the
City
Treasurer shall
pay
the same out of the
deposit against
which
it isdrawn
23
The
Supervising
Electrical
Inspector
shall
notify
the
licensee
of
every
such deductionor withdrawal
fromhis
deposit
and
withinfive
days
thereafter the said licensee shall
againdeposit
with
the
Bureau of
Permitsand Licensesa sufficient sumto
replenish
his
deposit
The
Bureauof Permitsand Licensesshall
immediately
notify
the Electrical
Inspection
Divisionwhen
any
such
deficiency
in
any
deposit
hasbeen
made
go
od
No
permit
required
under
the
provisions
of
this
Chapter
shall
be
issued
to
any
licenseewhile the cash
deposit
of said licensee
is
lessthanthe
specified
amount
SEC
9 2 04 RETURN OF
DEPOSITS
When
any person having
obtained
a
license
and
made cash
deposit
as
inthisArticle
provided
shall have
ceased to
carryon
all
businessand
perform
all work for which a license
is
by
this
Chapter required
and when all
Vlork
under
permits
issued
to
said
person
shall
have
been
completed inspected
and
approved
and when
all feesand
other
charges
due and
owing
to
the
City
of Oakland
by
said
person
shall have been
paid
and ifno
charges
shall be then
pending
against
said
person
for
any
violationof
this
Chapter
or
any
ordinance
rule or
regulation
of the
City
ofOakland
pertaining
toelectrical
Vlork
thensaid
person
shall be entitledtohave returnedtohimthe said
deposit
or
such
portion
thereof
as
may
thenremaintohiscredit after
deductiontherefromas in
this
Chapter
specified
SEC 9 3 03 PERMITS GENERAL
PROVISIONS
EXPIRATION
Every
permit
shall
be
issued insuch formand detail as shall be
prescribed by
the Electrical
Inspection
Division and shall
specify
the street address
of
the
premises
whereon
the work
authorized
thereby
istobe
done
It shall
be
valid
only
for
the work
to
be
performed
at
the site so
specified
The Electrical
Inspection
Divisionisauthorized todeclare
any
electrical
permit
void
1 if the work authorized
by any permit
isnot commenced within
ninety
90
days
fromthe date of issuance thereof
or
2 ifsuch work shall
be
suspended
abandoned or discontinued for a continuous
period
of
ninety
90
days
or
3 whenever the amount ofelectrical work done in
any
continuous
period
of
ninety
90
days
islessthan
ten
percent
1 0 of
the total of
the
electrical
work
authorized
by
the
permit
or
4
when
ever
the
permittee
hasfailed tocall
for an
inspection
lithina
period
of ni
nety
90
days
Before such
work
can
be
reconmended a new
permit
shall be obtained
No
permit
shall be
transferable
SEC 9 3 04 PERMITS TO WHOM ISSUED
Except
as otherwise inthis
Chapter
expressly provided
no
permit
toinstall alter
repair
add toor
change
any
electrical
eguipment
of
Class
1
in on
or about
any
building
shall
be
issued
by
the Electrical
Inspection
Divisionto
any person
not
duly
licensed hereunder
SEC 9 3 05 SPECIAL PLANT PERMIT A
special plant
permit
may
be
issued
by
the Electrical
Inspection
Division
toa
person
not
holding
a State
License but
who
is
regularly employed
ina thenestablished
plan
or
business
having
aninstallationof electrical
equipment
of
Class
1
Such
special planpermit
shall be issued
by
the Electrical
Inspection
Division
upon
written
appl
ication
of
the owner or
manager
of the
24
established
plant
in
which
the
permittee
is
employed
Such
application
shall
certify
that the
proposed permittee
is
competent
to
perform
the
electrical
work withinsuch
plan
and shall
certify
that such
permittee
shall
perform
all
electrical work under the
permit
and
inspection
re
quirements
of this
Chapter
o electrical work of
Class
1
shall be done
in
such
plant
other than
under the direction
and
supervision
of such
permittee
and all
such work
excepting
the
maintenance and
repair
of
existing
electrical
equipment
and
installation shall be done
only
under
permits
issued therefor as other
wise
required
under thisArticle
The
owner or
manager
of
any
plant employing
the
holder of a
special
permit
as herein
provided
for
shall
immediately notify
the Electrical
Inspection
Division
in
writing upon
the
terminationofthe
employee
of
any
such
special permittee
and such
permit
shall
thereupon
be automati
cally
terminated
Evidence
of
any
electrical work
being
done ina
plant emp1 0yinq
the
holder of a
special plan
which work isinviolationof
any
of the
pro
visionsof this
Chapter
shall be
grounds
for
immediate
suspension
or
terminationof such
special plant permit by
the
Supervising
Electrical
Inspector
SEC
9
3 07 l
PPLICATIOj FOR SPECIAL OH
jER
S PE MIT
Every
individua1
desiring
toobtain
any
special permit
under the
provisions
of Section
9 3
06
of
thisArticle
shall
first
filean
application
for
registration
which
application
shall
set
forth the
locationof
the
building
where
the work is
proposed
to
be done
and that the
applicant
isthe
owner
of
said
building
and such other informationas
may
be
required by
the
Electrical
Inspection
Division
Feestobe
charged
for such
special permits
and for
inspections
ofwork
performed thereunder and the
payment
of
such fees
shall be inaccord
ance with and shall be
subject
toall conditionsand
provisions
contained
in
Section9 3 1 5 and the
resolutionof the Council referred totherein
and Section9 3 1 8 of thisArticle
SEC
9
3 1 5 PERMITS AND
INSPECTIONS
Every
person
towhom
any permit
is
issued under the
provisions
of this
Chapter
shall be
charged
and shall
pay
to
the
City
of Oakland feestherefor and for the
inspection
ofwork
performed
thereunder Hhenever
any
work for vlhich a
permit
is
requi
red
under the
provisions
of this
Chapter
hasbeencorrl1 1 enced without the
authorizationof such
permit except
inthose
instances
of
an
emergency
or
urgent necessity
mentioned
in
Section
9
3 01 a
special inspection
shall be made before
a
oermit
may
be
issued for such work
Provided however the
payment
of
any
sllch
special inspection
fee shall
not
be
construed as
being
in
lieuof or
relieving
any
person
of the
penalty prescribed
for
violation
of
this
Chapter
25
Every applicant
for a
permit
toinstall
add
to alter relocate or re
place
an
electrical fixtureor anelectrical
systerl
or
part
thereof
shall
set forth in
writing
on
the
application
fnt ln
provided
for that
purpose
the character of work
proposed
tobe done and the amount and
type
ofwork
in
connectiontherewith
together
with such additional information
pertinent
thereto
shall
pay
tosaid Divisionfor each
permit
issued a fee
for
such
permit
and for
inspection
and
reinspection
if
any
incident
thereto
SEC
1 1 2 02 FILING FEE
Every
candidate shall at the time
hisnomina
tion
paper
isfiled
pay
to
the
City
Clerk a
filing
fee
The Clerk shall
accept
nomination
papers
without
payment
fromany
candidate
who certifies
under
penalty
of
perjury
on
a
form
provided
by
the Clerk
that he isunable
to
pay
the
filing
fee but the
obligation
to
pay
the
filing
feeshall re
maina
debt
owing
to
the
City
SECTION 2 Section303 of the Oakland
Building
Code is
hereby
amended toread
SEC 303
EXPIRATIDrl OF PLArl CHECK
Applications
for which no
permit
is
issued within1 80
days
fOllowing
the date of
application
shall
expire by
limitationand
plans
submitted for
checking may
thereafter
be returned to
the
applicant
or
destroyed by
the
Building
Official The
Building
Offi
cial
may
extend
the time
for
action
by
the
applicant
for
a
period
not
exceeding
1 80
days
upon
written
request by
the
applicant showing
that
circumstances
beyond
the control of the
applicant
have
prevented
action
from
being
taken Inorder torenewaction
onan
application
after
expiration
the
applicant
shall resubmit
plans
SECTION 3 The
following
Sectionsof the Oakland
TrafficCode
are
hereby
amended
to
read asfollows
SEC
1 29
a
When
any
vehicle shall be
parked
in
any
parking space
in
a
municipal parking
lot
adjacent
towhich a
parkinq
meter islocated in
accordance with the
provisions
of this
Article the
operator
of said
vehicle
upon
so
parking
shall and
it shall
be
unlawful
tofail to
deposit immediately
one or more coinsof the
United Statesinsuch
park
ing
meter
inaccordance
with directions
appearing
thereon
Parking
metersin
municipal
parking
lotswheninstalled
shall showand
permit
legal
parking
for a
definite
period
of time the
charge
to
be
made therefor and
other conditionsthereof and
appropriate signs
shall
be
in
place
and
visibly
give
notice
thereof
SEC 1 71 2 CURB
MARKINGS TO INDICATE DRIVniAYS
Upon
the
request
of the
owner or
occupant
or the
agent
of either of the
premisesbeing
served
by
a
driveway
or
driveways
the Traffic
Engineer
shall cause
to
be
painted
inred the
curbs
oneach side
ofsaid
driveway
or
driveways
for
a
distance at least 1 8 linear
inches
26
SEC 231 PUBLIC MOTOR VEHICLE STANDS
The Traffic
Engineer
may upon
the
written
application
of
any
taxicab or
sightseeing
bus
owner
permit
such
owner
to
allow
any
vehicle
operated by
himtostand at
certain
places
designated
for said owner while
awaiting employment
Such
application
shall state
the
numher
and kind of vehiclesfor which the
permit
is
sought
and the
proposed
locationof such stands Such
application
must
be
accompanied by
the writtenconsent of the
personprimarily
affected
by
reason
of the fact that such vehicle shall stand
in
front of the
premises
either owned or
occupied by
himor
in
which he is
otherwise
interested
Not more thanthree 3 such vehiclesshall
be
permitted
to
stand
upon
either
side
of a street withinthe limitsof
anyone
block
No
permit
shall be issued
for
any
stand tobe located
within
seventy
five
75
feet
of another such stand onthe same side of
any
street
nor
shall
more
than
two
2 standsbe
granted
to
any
owner for
each
licensed
public
motor
vehicles No owner shall
permit any
vehicle
operated by
him and no
driver shall cause
any
such
vehicle
tostand
while
awaiting employment
in
any place
other
thana stand for which a
permit
hasbeen
granted
to
himasherein
providect
and not
more thanone 1 such vehicle shall
be
so
permitted
or caused
to
stand in
anyone
stand
at
any
time
except
however that
where inthe discretionof
the
City Manager public
con
venience so
requires
two 2 such vehiclesshall be
permitted
or
caused
tostand in
anyone
stand
It shall be unlawful for the driver of
any
vehicle
other thanthe
driver of
a
public
vehicle
for
which
the stand
permit
hasbeenissued to
park
or
leave
standing
such vehicle in
any public
motor vehicle stand
The Traffic
Engineer
shall
identify
all such standswith a
posted
dis
tinctive
sign identifying
the
space
as reserved for
public
vehicle
use
and shall
paint
the curb
adjacent
to
the
stand
white and mark it with
the name of the
permit
holder
SECTION 4 The
following
Sectionsof the Oakland
Municipal
Code are
hereby repealed
2
4 07 2 6 06 2 8
09 3 2 1 4 3 9 34 3 9
35 3
9 36 4 9 1 3 b
5 2 021
5 9 21 4 5 9 21 6
5
1 8
09
6
1 29 6 1 42
c
6 2 1 1 3
6
2
25 6 2 261
6 2 262 6 2 63 6 6 1 0 7 2 031 7 4 1 31
7 4
641
7 5 03 3 9 3 08
9 3 081 4 9
3
081
5
repealed
SECTION 5
Section1 1 2 of the Oakland
Plumbing
Code is
hereby
repealed
SECTION 6 Section304 of the Oakland Mechanical
Code is
hereby
repealed
SECTION
7
Section1 1 1 052 of the Oakland
Fire Code is
hereby
ar
D
e
Qn
e9
e
S
R
Q
t
l
alt p
J
CL
Delete
by
aot ion
of
Counc1 1
6
12
7
27
SECTION 9 Section
S 304 of the Oakland
Sign
Code is
hereby
repea
1 ed
SECTION 1 0
Section
H
205
b
of the Oakland
Housing
Code is
hereby repealed
SECTION 1 1 Sections1 29 3 and 308 of the
Oakland Traffic Code
are
hereby repealed
SECTION 1 2 The
following
Oakland
City
Council Resolutionsare
hereby repealed
42651 43307 4491 2 45303 46205 4751 4 47755
48651 49625 49747
4991 1 50975 51 072 51 1 21 51 248 52236 52267 52268 52402 52679
52835 52842 52848
53052 53375 53680 53886 5391 9
5401 9
54020
54021 54068 54069 54375
55038 5531 9 55475 55500
I
certify
that
the
foregoing
IS a full trueand
correct
copy
of anOrdinance
passed
e
Cilj
Ccun c t C Oa
lIond Calif on
uoJIm
29 1
978
ROBERT C JACOBSEN City Cler
Per
Deputy
28