Chapter 10.36 — PARKING METER ZONES

For the purpose of this chapter, the term "parking meter" means any receptacle, instrument, device, indicator or machine which upon the deposit therein of coin of the United States or other form of payment as may be required by this title shows, indicates, registers, displays or permits legal parking in the parking meter zone wherein or adjacent to which such receptacle, instrument, device, indicator or machine is situated. A parking meter as defined herein may or may not be a self-contained timing device; it may be manually adjusted, automatically or manually controlled, or otherwise operated either externally or internally, so as to show, indicate, register, display or permit legal parking upon the deposit of coin of the United States or other form of payment as required by this title.

(Ord. No. 12813 § 1 (part), 2007: prior traffic code § 120(b))

For the purpose of this chapter, the term "acceptable card" means any payment card authorized and accepted by the City Administrator as a valid form of payment.

For the purpose of this Chapter, the term "pay-by-plate meter" means an electronic pay station installed within or upon the curb or sidewalk area within a designated parking zone for the purpose of controlling the period of time of occupancy of a space by a vehicle. A "pay-by-plate space" means the space controlled by a pay-by-plate meter.

(Ord. No. 13696, § 1, 7-5-2022; Ord. No. 12813 § 1 (part), 2007)

A.

Parking meters, other than pay-and-display or pay-by-plate meters, shall be installed upon the street, parkway, curb, sidewalk or municipal parking lot area immediately adjacent to the individual parking spaces designated as herein prescribed.

The Traffic Engineer shall cause to have lines or markings painted or otherwise designated as herein prescribed.

The Traffic Engineer shall cause to have lines or markings painted or otherwise designated upon the parkway, curb, sidewalk, street or municipal parking lot area adjacent to each parking meter in such manner as to identify the parking space with each respective parking meter. It is unlawful to park or leave standing any vehicle across any such line or marking or in any position other than within the parking area so designated.

B.

Pay-and-display or pay-by-plate meters shall be installed upon the curb or sidewalk area within any designated meter zone.

(Ord. No. 13696, § 1, 7-5-2022; Ord. No. 12813 § 1 (part), 2007: prior traffic code § 121)

value of coins, credit card, debit card and acceptable card.

A.

When any vehicle shall be parked in any parking space adjacent to which a coin operated parking meter is located in accordance with the provisions of this chapter, the operator of said vehicle upon so parking shall, and it is unlawful to fail to, deposit immediately one or more coins of the United States in such parking meter and, when required by the directions on the parking meter, the operator of such vehicle, after deposit of the proper coin or coins of the United States, shall also set in operation the timing mechanism, if any, on such parking meter, and failure to deposit such proper coin or coins and to set the timing mechanism, if any, in operation when so required shall be unlawful. Any such operator who, upon so parking, deposits coins in such parking meter in an amount greater than is legally required does so at his or her own convenience, and the City shall not be liable for any refund therefor.

B.

Pay-and-display meters. When a vehicle shall be parked at a pay-and-display meter space, the operator of the vehicle shall, if required by the time and date restrictions for the space, locate the nearest pay-and- display meter on the block, and deposit immediately one or more coins of the United States, credit card, debit card or an acceptable card in such pay-and display meter and make selections in accordance with the instructions posted on the face of the pay-and-display meter. Upon obtaining the printed receipt from the pay-and display meter, the operator of the vehicle shall immediately place the valid printed receipt face up on the vehicle's dashboard where the expiration time and date are readily visible from the vehicle exterior.

C.

Parking meter fees shall be established annually in the City of Oakland Master Fee Schedule Ordinance.

D.

Within designated flexible parking zones (Section 10.36.142), fees may be established within a fee range to be established annually in the City Master Fee Schedule. Fees may be adjusted up or down within the designated fee range by the City Administrator to encourage maximum use and availability of parking with a goal of 85 percent parking occupancy during peak parking demand.

(Ord. No. 13198, § 1, 11-5-2013; Ord. No. 12813 § 1 (part), 2007: Ord. No. 12775 § 1, 2006: prior traffic code § 122)

It is unlawful to deposit or cause to be deposited in any parking meters, any slug, device or any substitute for legal coins of the United States.

(Prior traffic code § 125)

A.

It is unlawful for any person to park or leave standing any vehicle in any parking meter zone on any street at any time during which the parking meter shows, indicates, registers, or displays that the parking space is illegally in use except during the time necessary to deposit United States coins in said parking meter so as to show, indicate, register, display, or permit legal parking and excepting also during the time from eight p.m. to eight a.m., and excepting also all holidays as defined in Section 10.36.090 when indicated by appropriate signs located on the parking meter. When five-hour meters are installed, such meters shall show, indicate, register, display, or permit legal parking during a twenty-four (24) hour period, seven days a week, when indicated by appropriate signs located on the parking meters.

B.

Pay-and-display meter. It is unlawful for any person to park or leave standing any vehicle in any pay-and- display space on any street for a period of time in excess of parking time limits designated on the receipt issued from the pay-and-display meter controlling the space.

(Ord. No. 12953, § 3, 7-7-2009; Ord. No. 12813 § 1 (part), 2007: Ord. No. 12339 § 1 (part), 2001; prior traffic code § 123)

It is unlawful for any person to park or leave any vehicle in any area of parking space for a period of time in excess of parking time limits designated on any parking meter or any parking meter space or as established by the City Administrator by regulation.

(Ord. No. 12779 § 1 (part), 2006: prior traffic code § 124)

It is unlawful or any person to deface, injure, tamper with, or wilfully break, destroy, or impair the usefulness of any parking meter.

(Prior traffic code § 126)

Editor's note— Ord. No. 12980, § 1, adopted November 17, 2009, repealed the former Section 10.36.080 in its entirety, which pertained to the allocation and expenditure of parking meter funds, and derived from the prior traffic code, §§ 127 and 127.01.

Notwithstanding other provisions of this Title to the contrary, and for the purpose of this Chapter only, the following days are defined as holidays in parking meter zones, on streets in the City: Sundays prior to 12:00 p.m., January 1, third Monday in January (Martin Luther King Jr.'s birthday), third Monday in February (Presidents' Day), last Monday in May (Memorial Day), July 4, first Monday in September (Labor Day), Thanksgiving Day and December 25.

The provisions of this section do not apply to parking meter zones located in municipal parking lots.

(Ord. No. 13696, § 1, 7-5-2022; Ord. No. 13163, § 3, 6-18-2013; Ord. No. 11808 § 1, 1995: prior traffic code § 128)

A.

When any vehicle shall be parked in any parking space in a municipal parking lot adjacent to which a parking meter is located in accordance with the provisions of this chapter, the operator of said vehicle upon so parking, shall, and it is unlawful to fail to deposit immediately one or more coins of the United States in such parking meter in accordance with directions appearing thereon.

The City Council by resolution shall establish the charge to be made for parking in City-owned off-street parking lots and other conditions thereof.

Parking meters in municipal parking lots when installed shall show and permit legal parking as provided by resolution for a definite period of time, the charge to be made therefor, and other conditions thereof, and appropriate signs shall be in place and visibly give notice thereof.

B.

It is unlawful for any person to park or leave standing any vehicle in any parking meter zone in any municipal parking lot at any time during which the parking meter shows, indicates, registers or displays that the parking space is illegally in use except during the time necessary to deposit United States coins in said parking meter so as to show, indicate, register, display or permit legal parking.

(Prior traffic code § 129(a), (b))

In any prosecution charging a violation of any regulation governing the standing or parking of a motor vehicle under any provision of this title regulating parking in municipal parking lots, proof by the people of the State of California that the particular vehicle described in the complaint was parking in violation of any such provision of this title, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such motor vehicle is the person who parked or placed such motor vehicle at the point where, and for the point where, and for the time during which, such violation occurred. The above provisions shall apply only when the following conditions are complied with:

A.

During the time of such illegal parking a notice thereof shall be securely attached to said vehicle setting forth the fact of such illegal parking including reference to the section of this title so violated, the approximate time thereof and the location where such violation occurred and fixing a time and place for appearance by registered owner in answer to such notice.

Such notice shall be attached to said vehicle either on the steering post or front door handle thereof, or in any other conspicuous place upon the vehicle as to be easily observed by the person in charge of such vehicle upon his or her return thereto. Said notice may be attached to such vehicle by any police officer who observes a violation of any of the provisions of this title regulating such parking.

B.

Before any warrant of arrest shall issue following the filing of a complaint charging the offense of illegal parking in a municipal parking lot, a notice of such illegal parking must be given to the person so charged. Such notice shall contain the information required in subsection A of this section and shall inform such registered owner that unless he or she appears in court also to be designated in said notice within five (5) days after service of such notice and answers said charge, a warrant or citation to appear will be issued against him or her.

Such notice shall be given either by personal delivery thereof to such owner or by deposit in the United States mail of an envelope with postage prepaid which said envelope shall contain such notice and shall be addressed to such owner at his or her address as shown by the records of the State Department of Motor Vehicles. The giving of notice by personal delivery is complete upon delivery of a copy of said notice to said person. The giving of notice by mail is complete upon the expiration of ten (10) days after said deposit of such notice.

Proof of giving such notice may be made by the certificate of any traffic or police officer or affidavit of any person over eighteen (18) years of age naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof.

(Prior traffic code § 129(c))

Notwithstanding any other provision of this title relating to parking in parking meter zones in any municipal parking lot, the Council may by resolution provide for the issuance of special parking permits to authorize parking upon any municipal parking lot or area for the period of time and subject to the conditions specified therefor, and the fee to be charged for said permit.

(Prior traffic code § 129.1)

A.

Issuance—Inscription. The Traffic Engineer and Director of Parking are authorized to issue parking meter covers to persons engaged in construction, repairs, or service to buildings or other like work, and who in his or her judgement require that one (1) or more parking spaces in parking meter zones immediately

adjacent to said work be reserved for and restricted to their use or that said parking spaces not be used for parking of vehicles. Each cover shall be inscribed with the expiration date, the person to whom it has been issued, and the wording "EMERGENCY NO PARKING - CITY OF OAKLAND - USE OF THIS SPACE RESTRICTED TO (name of person to whom cover issued.)"

B.

Restricted Parking When Parking Meters Covered. Notwithstanding any provision of this title or any resolution of the city, it is unlawful for any person, other than a person to whom a parking meter cover has been issued as in this chapter provided, to park any vehicle in any parking meter zone on any street at any time during which the parking meter is covered by a parking meter cover issued as herein provided and displaying thereon an unexpired validation date. The privileges herein granted shall be operative only during the time when vehicles may lawfully be parking in said parking meter zones.

C.

Restrictions on Use of Covers—Revocation. It is unlawful for any person to whom a parking meter cover has been issued as in this chapter provided to use said parking meter cover in any parking meter zone other than one (1) immediately adjacent to the work being performed or to permit said parking meter cover to remain on a parking meter beyond the time actually required for said work. In addition to other penalties imposed, the privileges herein granted shall be revoked and the parking meter cover be removed and it and the fee paid for any unexpired period thereof forfeited whenever the Traffic Engineer and Director of Parking determines that any person to whom a parking meter cover had been issued has violated the restrictions imposed on its use.

(Prior traffic code §§ 129.2, 129.4, 129.5)

Parking meter zones shall be established by ordinance of the City Council upon such streets, portions of streets or in municipal parking lots within the city as the City Council may deem necessary for traffic or parking control purposes. The City Manager shall cause parking meters to be installed and maintained in such designated parking meter zones and the existence of a parking meter installed as hereinafter prescribed shall designate its location as a parking meter zone for the purposes of this chapter.

Approved Parking Meter Zones in the City of Oakland

Street Name From To

2nd St. Broadway Webster St.

2nd St. Jefferson St. Washington St.

2nd St. Harrison Street Oak St.

2nd St. Washington St. Broadway

2nd St. Webster St. Harrison St.

3rd Ave. E. 17th St. Wayne Pl.

3rd St. Franklin St. Webster St.

3rd St. Harrison St. Oak St.

3rd St. Jefferson St. Washington St.

3rd St. Washington St. Franklin St.

3rd St. Webster St. Harrison St.

4th St. Clay St. Webster St.

4th St. Webster St. Oak St.

5th St. Broadway Oak St.

5th St. Martin Luther King Jr. Way Broadway

6th St. Jefferson St. Franklin St.

7th St. Wood St. Oak St.

8th St. Jefferson St. Fallon St.

9th Ave. 8th Ave. Embarcadero

9th St. Alice St. Harrison St.

9th St. Clay St. Franklin St.

9th St. Franklin St. Fallon St.

10th St. Castro St. Broadway

10th St. Chestnut St. Market St.

10th St. Webster St. 2nd Ave.

11th St. Martin Luther King Jr. Way Oak St.

12th St. Castro St. Oak St.

13th St. Broadway Fallon St.

14th St. Castro St. Oak St.

15th St. Castro St. Harrison St.

16th St. Castro St. Telegraph Ave.

17th St. Jefferson St. Jackson St.

18th St. Jefferson St. Telegraph Ave.

19th St. San Pablo Ave. Jackson St.

21st St. Telegraph Ave. Harrison St.

22nd St. Telegraph Ave. Kaiser PI.

23rd Ave. International Blvd. Foothill Blvd.

23rd St. Martin Luther King Jr. Way Webster St.

24th St. Northgate Ave. Telegraph Ave.

24th St. Telegraph Ave. Valdez St.

25th St. Northgate Ave. Telegraph Ave.

25th St. Telegraph Ave. Broadway

26th St. Broadway Valdez St.

26th St. Telegraph Ave. Broadway

27th St. Martin Luther King Jr. Way Harrison St.

28th St. Merrimac St. Webster St.

29th St. Telegraph Ave. Broadway

30th St. Telegraph Ave. Broadway

31st Ave. International Blvd. E. 15th St.

33rd Ave. E. 12th St. International Blvd.

34th St. 33rd St. Broadway

35th Ave. International Blvd. E. 15th St.

37th St. Telegraph Ave. Webster St.

38th Ave. International Blvd. Foothill Blvd

38th St. Shafter Ave. Cerrito Ave.

39th Ave. MacArthur Blvd. Masterson

39th St. MacArthur BART Access Rd. Telegraph Ave.

40th St. Howe St. Piedmont Ave.

40th St. Martin Luther King Jr. Way Webster St.

40th St. Webster St. Broadway

40th St. Way Broadway Howe St.

41st St. Opal St. Glen Ave.

51st St. Shattuck Ave. Telegraph Ave.

51st St. Telegraph Ave. Shattuck Ave.

52nd St. Martin Luther King Jr. Way Telegraph Ave.

55th St. Martin Luther King Jr. Way Dover St.

56th St. Martin Luther King Jr. Way Dover St.

62nd St. College Ave. Hillegass Ave.

Alice St. End (South) Embarcadero West

Alice St. 6th St. 19th St.

Andover St. 34th St. End (North)

Antioch St. Mountain Blvd. Lucas Ave.

Antioch St. Mountain Blvd. Antioch St.

Arden Pl. Leimert Blvd. End (North)

Bay Pl. Grand Ave. Harrison St.

Bellevue Ave. Perkins Grand Ave.

Broadway Embarcadero West 45th St.

Brooklyn Basin Way Embarcadero 10th Ave.

Chabot Rd. Claremont Ave. Presley Way

Champion St. MacArthur Blvd. Montana St.

Claremont Ave. Hillegass Ave. Auburn Ave.

Clay St. 2nd St. San Pablo Ave.

Clay St. Embarcadero West 2nd St.

Clay St. Water St. Embarcadero West

Clemens Rd. Leimert Blvd. Oakmore Rd.

College Ave. Broadway Berkeley City Limit

Dimond Ave. Bienati Way End (North)

Domingo Ave. Russell St. Berkeley City Limit

E. 12th St. 5th Ave. 14th Ave.

E. 12th St. Fruitvale Ave. 37th Ave.

E. 18th St. Lakeshore Ave. Park Blvd.

E. 19th St. Park Blvd. 5th Ave.

Echo Ave. Piedmont Ave. Glen Ave.

Elm St. Hawthorne Ave. 34th St.

Embarcadero West Webster Oak St.

Embarcadero West Jefferson St. Clay St.

Entrada Ave. Piedmont Ave. Arroyuelo Ave.

Fallon St. 6th St. 10th St.

Florio St. College Ave. Auburn Ave.

Forest St. Shafter St. Miles Ave.

Franklin St. 2nd St. 3rd St.

Franklin St. Embarcadero West 2nd St.

Franklin St. 3rd St. 22nd St.

Fruitvale Ave. E. 12th St. E. 16th St.

Fruitvale Ave. E. 19th St. Foothill Blvd.

Fruitvale Ave. International Blvd. E. 15th St.

Fruitvale Ave. Montana St. Coloma St.

Glen Ave. Piedmont Ave. Panama Ct.

Glenfield Ave. Park Blvd. Woodruff Ave.

Grand Ave. Broadway Jean St.

Harrison St. 8th St. 27th St.

Harwood Ave. College Ave. Auburn Ave.

Hawthorne Ave. Telegraph Ave. Broadway.

Howe St. MacArthur Blvd. 40th St.

Hudson St. College Ave. James Ave.

International Blvd. 14th Ave. 23rd Ave.

International Blvd. 23rd Ave. 38th Ave.

International Blvd. 38th Ave. High St.

International Blvd. Lakeshore Ave. 14th Ave.

Jackson St. 8th St. Lakeside Dr.

Jackson St. Embarcadero West 6th St.

Jefferson St. 4th St. San Pablo Ave.

Kaiser PI. 21st St. 22nd St.

La Salle Ave. Mountain Blvd. Lucas Ave.

Lake Merritt Blvd. E. 12th St. Oak St.

Lake Park Ave. Grand Ave. Wesley Way

Lakeshore (West) Ave. Mandana Blvd. Prince St.

Lakeshore Ave. Lake Park Ave. Prince St.

Lakeshore Ave. MacArthur Ave. Lake Merritt Blvd.

Lakeside Dr. 14th St. 17th St.

Lakeside Dr. 17th St. Jackson St.

Lakeside Dr. Jackson St. Harrison St.

Lawton Ave. College Ave. McMillan St.

Leimert Blvd. Clemens Rd. Bridgeview Dr.

Lenox Ave. Grand Ave. Van Buren Ave.

Lincoln MacArthur Blvd. Montana St.

Linda Ave. Piedmont Ave. Glen Ave.

MacArthur Blvd. Adell Ct. High St.

MacArthur Blvd. Telegraph Martin Luther King

Madison St. 7th St. 15th St.

Madison St. Embarcadero West 7th St.

Mandana Blvd. Lakeshore Ave. Paloma Ave.

Manila Ave. Clifton St. Bryant Ave.

Martin Luther King Jr. Way 11th St. 16th St.

Martin Luther King Jr. Way 22nd St. 23rd St.

Martin Luther King Jr. Way 51st St. 57th St.

McClure St. 29th St. 30th St.

Medau Pl. Mountain Blvd. End (North)

Merced Ave. Mountain Blvd. Lucas Ave.

Miles Avenue Forest Street College Avenue

Miles Avenue - North Side College Avenue Presley Way

Mitchell St. International Blvd. E. 16th St.

Montana St. Lincoln Fruitvale Ave.

Monte Vista Ave. Piedmont Ave. Wilda Ave.

Moraga Ave. Thomhill Dr. Mountain Blvd.

Moraga Ave. Montclair Park Medau Pl.

Moraga Ave.* S. Montclair Pk. N. Montclair Pk.

Mountain Ave.* Snake Rd. Scout Rd.

Mountain Blvd. Cabot Dr. Scout Rd.

Mountain Blvd. Village Square Snake Rd.

Oak Grove Ave. College Ave. Forest St.

Oak St. 7th St. 14th St.

Ocean View Dr. College Ave. McMillan St.

Park Blvd. Hampel St. Wellington St.

Park View Terrace Grand Ave. Montecito Ave.

Piedmont Ave. Broadway. End (North)

Rand Ave. Lake Park Ave. Cheney Ave.

Rio Vista Ave. Piedmont Ave. End (East)

San Pablo Ave. 16th St. W. Grand Ave.

Santa Clara Ave. Grand Ave. Valle Vista Ave.

Shafter St. College Ave. Forest St.

Shattuck Ave. 51st St. Telegraph Ave.

Summit St. 28th St. Hawthorne Ave.

Sycamore St. Northgate Ave. Telegraph Ave.

Taft Ave. College Ave. Broadway

Telegraph Ave. Broadway Berkeley City Limit

Thomas L. Berkley Way Brush St. Harrison St.

Valdez St. Grand Ave. 28th St.

Valley St. 22nd St. 24th St.

West Grand Ave. Martin Luther King Jr. Way Broadway

Walker Ave. Lake Park Ave. Cheney Ave.

Washington St. 2nd St. 10th St.

Wayne Pl. 3rd Ave. Park Blvd.

Webster St. 3rd St. 6th St.

Webster St. 6th St. 36th St.

Webster St. 40th St. 41st St.

Webster St. Embarcadero West 3rd St.

Wellington St. Park Blvd. Leach Ave.

Werner Ct. Woodminster Lane Mountain Blvd.

Wesley Way Lake Park Ave. Trestle Glen Rd.

Woodminster Lane Werner Ct. Joaquin Miller Rd.

Yosemite Ave. Piedmont Ave. Fairmount Ave.

(Ord. No. 13769, § 2, 12-5-2023; Ord. No. 13696, § 1, 7-5-2022; Ord. No. 13552, § 1(Exh. A), 7-16-2019; Ord. No. 13198, § 1, 11-5-2013; Ord. No. 13063, § 1(Exh. A), 3-15-2011; Ord. No. 13009, § 1(Exh. A), 5-4- 2010; Ord. 12779 § 1 (part), 2006; Ord. 12704 § 1, 2005; Ord. 11631 § 1, 1993; prior traffic code § 120(a))

The written approval of the Director of Transportation shall be obtained prior to the installation, replacement, or removal of parking meters within a parking meter zone. Decisions regarding the installation, replacement, or removal of parking meters can be appealed to the City Council. Only the City Council can establish parking meter zones by ordinance. Notwithstanding the foregoing, the requirements of this chapter shall not apply to the replacement of existing meters with new or updated meters or new meter technologies or systems.

(Ord. No. 13398, § 1, 11-2-2016; Ord. No. 12779 § 1 (part), 2006)

Any parking meter zone in Section 10.36.140 may be established as a flexible parking zone by resolution. This designation shall allow the price of parking to be adjusted by the City Administrator within a range established in the Master Fee Schedule in order to maximize use of parking and respond to market factors. Fees will be adjusted, upwards or downwards within the fee range with the goal of reaching eight-five (85) percent peak period occupancy of parking.

(Ord. No. 13198, § 1, 11-5-2013)