Chapter 9.08 — OFFENSES AGAINST PUBLIC PEACE AND DECENCY

The following ordinance is an initiative measure adopted May 15, 1917:

  AN ORDINANCE PROHIBITING LOITERING, PICKETING, CARRYING OR DISPLAYING BANNERS, BADGES, SIGNS OR TRANSPARENCIES, OR SPEAKING IN PUBLIC STREETS, SIDEWALKS, ALLEYS OR OTHER PUBLIC PLACES IN A LOUD OR UNUSUAL TONE, FOR CERTAIN PURPOSES THEREIN NAMED, AND PROVIDING A PENALTY FOR ANY VIOLATION THEREOF.

  BE IT ORDAINED by the People of the City of Oakland as follows:

  SECTION 1. It is unlawful for any person, in or upon any public street, sidewalk, alley or public place in the City of Oakland, to make any loud or unusual noise, or to speak in a loud or unusual tone, or to cry out or proclaim, for the purposes of inducing or influencing, or attempting to induce or influence, any person to refrain from entering any works or factory or any place of business or employment, or for the purpose of inducing or influencing or attempting to induce or influence any person to refrain from purchasing or using any goods, wares, merchandise, or other article or articles, or for the purpose of inducing or influencing or attempting to induce or influence any person, to refrain from doing or performing any service or labor in any works, factory, place of business or employment, or for the purpose of intimidating, threatening or coercing, or attempting to intimidate, threaten or coerce, any person who is performing, seeking or obtaining service or labor in any works, factory, place of business or employment.

  SECTION 2. It is unlawful for any person, in or upon any public street, sidewalk, alley or other public place in the City of Oakland, to loiter in front of, or in the vicinity of, or to picket in front of or in the vicinity of, or to carry, show or display any banner, transparency, badge or sign in front of, or in the vicinity of, any works, or factory, or any place of business or employment, for the purpose of inducing or influencing or attempting to induce or influence, any person to refrain from entering any such works or factory or place of business, or employment, or for the purpose of inducing or influencing, or attempting to induce or influence, any person to refrain from purchasing or using any goods, wares merchandise, or other articles, manufactured, made or kept for sale therein, or for the purpose of inducing or influencing or attempting to induce or influence, any person to refrain from doing or performing any service or labor in any works, factory, place of business or employment, or for the purpose of intimidating, threatening or coercing, or attempting to

intimidate, threaten or coerce any person who is performing, seeking or obtaining service or labor in any such works, factory, place of business or employment.

  SECTION 3. That any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than One Hundred ($100) Dollars nor less than Twenty-five ($25) Dollars or by imprisonment in the City Jail for a period of not more than fifty (50) days nor less than twelve (12) days or by both such fine and imprisonment.

(Prior code § 3-3.01)

It is unlawful for any person to exhibit publicly, or offer for public exhibition, or keep or place accessible to the public, within the city, any lewd, vulgar, obscene or licentious picture or pictures, or to keep or maintain, or place accessible to the public any mechanical device rendering any lewd, vulgar, obscene or licentious song, speech, jest, monologue, dialogue, or any reproduction of the human voice uttering immoral, obscene, lewd, vulgar, licentious or profane words.

(Prior code § 3-4.02)

A.

It is unlawful for any person engaged in conducting or operating, either as owner, proprietor, operator, manager, lessee, agent or employee, any theater, arcade, entertainment or exhibition, or for any person whatsoever to give or cause or permit to be given, or to advertise or cause or permit to be advertised or to participate in, any obscene, indecent, immoral, or crime-depicting play, production, picture, show, entertainment or exhibition, or any delineation or illustration of any nude human figure, or any lewd, indecent or lascivious act, or any matter or thing of an obscene, indecent or immoral nature, or any boxing or prize fight exhibition when the same is in such manner or detail as tends to corrupt public morals.

B.

At any time that it shall be brought to the attention of the Mayor or the Chief of Police that the provisions of subsection A of this section are being violated, it shall be the duty of either of said officers or both of them to visit the place where it is reported that such violation exists and there to examine into the same; and should either of said officers upon such examination be of the opinion that such violation does exist, it shall be his or her duty to notify some person in charge of the exhibition, production or representation in question, that the objectionable parts or features must be forthwith eliminated and no longer exhibited, produced or represented; and upon such notification it shall be the duty of the person so notified to immediately comply therewith and to then and there and at all times thereafter, except as hereinafter provided, expunge and eliminate from such exhibition, production or representation, such objectionable parts or features, or the whole thereof. In the event that said notification is not immediately complied with, it shall be the duty of said Mayor or Chief of Police to forbid and prevent the further continuance of the exhibition, production or representation in question until said notification shall be complied with, and said person so neglecting or refusing to comply with said notification and all persons participating in the production of such exhibition, production or representation, shall be deemed guilty of a misdemeanor and

shall be immediately arrested by any police officer by direction of said Mayor or said Chief of Police as for an offense committed in the immediate presence of said police officer, with or without any warrant.

C.

Any person aggrieved by the action of the Mayor or the Chief of Police under the provisions of subsection B of this section and who shall have complied with the notification in said subsection provided, or on whose behalf such compliance was made, may appeal the action of said Mayor or Chief of Police to the City Council for review and action. A hearing upon such appeal shall be set by the Council at the earliest convenient time, and at such hearing, evidence shall be adduced and the decision of the Council in such matter shall be final. The Council may from time to time prescribe rules of procedure to be observed in such hearings for the purpose of facilitating such reviews and the elimination of damage which may result to the appellant by the delay resulting from the action appealed therefrom.

(Prior code §§ 3-4.03, 3-4.04, 3-4.05)

It is unlawful for any person to own, operate, or maintain a picture arcade unless the complete interior of the arcade where pictures, movies or videotapes are viewed is continuously open and fully visible to any person entering the picture arcade. Partially or fully enclosed booths or partially or fully concealed booths are prohibited.

For the purposes of this section "picture arcade" means as any room or place to which the public can gain admittance wherein one or more coin- or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors, video machines, or other image-producing devices are designed, operated or maintained to show still or motion pictures or videos to five or fewer persons per machine, projector or monitor at any one time.

(Prior code § 3-4.031)

It is unlawful for any person to knowingly display material which is harmful to minors, as defined in the California Penal Code, Title 9, Chapter 7.6, in a public place, other than a public place from which minors are excluded, unless a device commonly known as a blinder rack is placed in front of the material, so that the lower two-thirds of the material is not exposed to view.

(Prior code § 3-4.032)

It is unlawful for any person in the city to appear in public in any mask, cap, cowl, hood or other thing concealing the identity of the wearer; excepting, however, persons attending or taking part in carnivals conducted in accordance with law or under permission of the proper authorities of the city and persons holding a written permit to so conceal their identity, which permit is issued by the Chief of Police.

(Prior code § 3-4.06)

It is unlawful for any person in the city to appear in any public place nude or in any indecent or lewd attire.

(Ord. No. 13014, § 3, 5-18-2010; Prior code § 3-4.08)

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

(Prior code § 3-4.09)

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

(Prior code § 3-4.10)

Any person, whether singularly or as part of an assembly of two or more persons, who shall, on any property under the jurisdiction of the Oakland Park or Recreation Commission, or on public property in the immediate vicinity thereof, commit any act in violation of rules promulgated by the Board of Park Commissioners or Board of Recreation Commissioners for the use of said areas, and who shall refuse or fail to disperse or move on away from said area when commanded by a public officer to so disperse or move on shall be guilty of a misdemeanor. For the purposes of this section the term "public officer" shall be construed to include, but not be limited to, authorized employee representatives of the Park and Recreation Commission.

(Prior code § 3-4.14)

Every person in the city managing, maintaining or conducting, whether as owner, agent or employee, any apartment house, hotel, motel, tourist court, rooming house or other place or establishment where living rooms or sleeping quarters are rented, shall immediately report to the Oakland Police Department the occupancy of any room therein at any time by any person under the age of eighteen (18) years unless such person is accompanied by the parent, guardian or other person having the legal care or custody of such person under the age of eighteen (18) years.

In any criminal prosecution or other proceeding based upon a violation of this section, proof that the owner, his or her agent or employee demanded and was shown, at the time the person under the age of eighteen (18) years first entered the place or establishment hereinabove referred to for the purposes of occupancy,

bona fide documentary evidence that said person had attained the age of eighteen (18) years issued by a federal, state, county or municipal government or subdivision or agency thereof, shall be a defense.

(Prior code § 3-4.15)

It is unlawful for any person knowingly to have in his or her possession in any public place in the city any lewd, obscene or indecent writing, book, pamphlet, picture, photograph, drawing, figure molded, cut, cast or otherwise made or prepared, motion picture film, phonograph recording, wire recording, tape recording or transcription or other device of any kind for the recording of sight or sound.

For the purposes of this section, a "public place" means any place or premises except a bona fide private dwelling or any apartment, suite or room which is used in good faith as the residence of one or more persons.

(Prior code § 3-4.16)

No person shall bring into any public place wherein a regularly scheduled sporting event or exhibition is being held any canned goods or bottled beverages other than any vacuum bottle, canteen or other similar reusable container, except if such persons be the suppliers of, or the agents or servants of such suppliers or the agents or servants of the person or corporation allowed by the department or agency in charge of said public facility to sell or otherwise make use of, the aforesaid articles in said public facility.

(Prior code § 3-4.17)

A.

No person shall throw, kick or cause to be thrown or kicked or otherwise placed in motion any ice, liquid, paper, can, bottle, container or other object in any public place wherein a regularly scheduled sporting event or exhibition is being held.

B.

The prohibition of subsection A of this section shall not apply to employees of the city, to employees of the public facility, and to employees or persons or corporations presenting said sporting event or exhibition, who are regularly engaged in the performance of their duties under direction of appropriate authority.

(Prior code § 3-4.18)

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

(Prior code § 3-4.19)

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

(Prior code § 3-4.20)

A.

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

B.

This section shall not apply to persons participating in events for which a short-term encroachment permit has been granted as provided in Section 12.08.060 of this code, or a park use permit issued by the Office of Parks and Recreation allowing for use of alcoholic beverages under specified conditions, and which shall contain the following conditions:

Alcoholic beverages consumed or possessed at such events or entertainment shall not be in glass or metal containers except as specified.

Sponsors of such events shall comply with all state laws relating to the sale of alcoholic beverages.

Sponsors of special events or entertainments shall provide toilet facilities as provided for in Section

Except as exempted in subdivisions (5) and (6) of this subsection, the sale, distribution and/or consumption of alcoholic beverages in any city park area, city recreation area, city open space or playground shall be restricted to fully enclosed perimeter areas (not requiring a roof), buildings, tents or structures.

The following city park facilities shall be exempted from the enclosed space requirements of subdivision (4) of this subsection, Camron Stanford House (within enclosed garden area only), Dunsmuir House and Garden, Knowland Park Zoo (within fenced zoological park area only).

The consumption of beer and wine (not including ales, malt liquors or fortified wines) shall be exempted from the enclosed space requirements of subdivision (4) of this subsection, at designated picnic grounds in Joaquin Miller Park, provided that a valid park use permit shall be required for all such consumption.

Sponsors of events shall comply with all other conditions as required by the Director of Parks, Recreation and Cultural Services and by rules promulgated by the Chief of Police. Ord. 12067 § 1, 1998: prior code § 3-4.21)

A.

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

B.

Posting of Signs. All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9 of the Business and Professions Code to operate in the city shall post such licensed premises with permanent signs which shall include language stating that possession of any opened alcoholic beverage container in or outside the store is prohibited by law. Signs required to be posted pursuant to this section must be clearly visible to: (1) patrons of the licensees; (2) persons using the parking lot immediately adjacent to the licensed premises; and (3) persons on the public sidewalk immediately adjacent to the licensed premises.

Any licensee who does not acquire, post and maintain signs pursuant to this provision is guilty of an infraction. Upon payment for the cost of the signs, signs shall be provided to the licensee by the Office of Public Works. Signs damaged, stolen or otherwise removed must be reported by the licensee within three working days from the date of damage or removal to the Office of Public Works. Signs damaged, stolen or otherwise removed must be replaced by the licensee within ten working days from the date of damage or removal.

C.

Definitions.

"Parking lot immediately adjacent to the licensed premises" means any parking lot which is contiguous to the licensed premises and is utilized by the patrons of the licensed premises.

"Posted premises" means those premises which are subject to licensure under any retail off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises, and any public sidewalk immediately adjacent to the licensed premises which are posted with notices pursuant to subsection B of this section.

(Prior code § 3-4.22)

Editor's note— Ord. No. 13138, § 2, adopted November 13, 2012, repealed the former Section 9.08.200 in its entirety, which pertained to marathons and derived from the prior code § 3-6.03.

It is unlawful for any person to enter or to attempt to enter, or to assist any other person to enter or attempt to enter any theater, moving picture theater, dance hall, skating rink, or place where athletic contests, boxing contests, sparring or wrestling matches or exhibitions are being held or are to be held, or any place of amusement or other place of assemblage in the city, for entrance to which an admission fee is charged or demanded, or a ticket or permit to enter is required, without having paid such admission fee or without having surrendered or displayed such ticket or permit, unless such entrance is made with the express consent or approval of the owner, proprietor or management of the place sought to be entered.

(Prior code § 3-8.04)

It is unlawful for any person to solicit employment for himself or herself or for any other person, either directly or through some other person acting on his or her behalf, to prosecute, collect, settle, compromise, or to negotiate for the settlement, compromise or collection of, any tort claim, on behalf of any tort claimant, in which he or she has no pecuniary interest arising from such tort.

The provisions of this section shall not be construed to prevent joint tort claimants from negotiating with each other for the purpose of combining respective claims or actions against the tort feasor.

(Prior code § 3-11.02)

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

(Prior code § 3-11.03)

It is unlawful, in any place of business where food or drink is sold to be consumed upon the premises, for any person who loafs or loiters about such place, or who is employed therein, to beg, solicit or importune

any patron or customer of or visitor in such establishment to purchase any article of food or drink for the one begging, soliciting, or importuning, or to be consumed by any employee, frequenter, habitue, or any vagrant or idle person about such place, and no person shall enter any such place, or remain therein, for the purpose of so begging, soliciting or importuning patrons, customers or visitors therein to purchase articles of food or drink.

Any person who owns, manages or otherwise controls any such place of business who himself or herself begs, solicits, or importunes, or permits or allows other persons to beg, solicit or importune patrons, customers or visitors thereof to purchase food or drink for himself or herself, for the ones begging, soliciting, or importuning, or for employees, frequenters, habitues or any idle or vagrant persons about such place, is guilty of an infraction.

For the purpose of this section the word "drink" means any nonalcoholic beverage which contains less than one-half of one percent of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

(Prior code § 3-11.05)

Editor's note— Ord. No. 13505, § 1, adopted October 30, 2018, repealed § 9.08.250, which pertained to loitering about property owned by the Housing Authority and derived from Prior Code § 3-13.10.

A.

Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Commit prostitution" means to engage in sexual conduct for money or other consideration, but does not include sexual conduct engaged in as a part of any stage performance, play or other entertainment open to the public.

"Knowingly" means having or showing awareness or understanding of a fact or circumstance that lead a reasonable person to inquire further or use reasonable care or diligence and should have known and therefore attributable by law to a given person.

"Lewd act" means any act which involves the touching of the genitals, buttocks, or female breast of one person by any part of the body of another person and is done with the intent to sexually arouse and gratify.

"Loiter" means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.

"Public place" means an area open to the public, or an alley, plaza, park, driveway, or parking lot or an automobile, whether moving or not, or a building open to the general public, including one which serves food or drink, or provides entertainment or the doorways and entrances to a building or dwelling, or the grounds enclosing a building or dwelling.

"Soliciting" means to entice, advice, incite, order, command, encourage or requests another person to engage in specific conduct which would constitute a crime or commit such crime of prostitution. The crime solicited need not actually be committed for solicitation to occur.

B.

Loitering for the Purpose of Engaging in Prostitution, a Misdemeanor. It is unlawful for any person to loiter in any public place with the intent to commit prostitution. This intent is evidenced by acting in a manner and under circumstances which openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution.

Among the circumstances that may be considered in determining whether a person loiters with the intent to commit prostitution are that the person:

(a)

Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or engage in conversations with passerby, indicative of soliciting for prostitution.

(b)

Repeatedly stops or attempts to stop motor vehicles by hailing the drivers, waving arms, or making any other bodily gestures, or engages or attempts to engage the drivers or passengers of the motor vehicles in conversation, indicative of soliciting for prostitution.

(c)

Has been convicted of violating this section, subdivision (a) or (b) of California Penal Code Section 647, or any other offense relating to or involving prostitution under state law or the Oakland Municipal Code within five years of the arrest under this section.

(d)

Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists, indicative of soliciting for prostitution.

(e)

Has engaged, within six months prior to the arrest under this section, in any behavior described in this section, with the exception of paragraph (3), or in any other behavior indicative of prostitution activity.

The list of circumstances set forth in subdivision (a) is not exclusive. The circumstances set forth in subdivision (a) should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered in determining whether a person has the requisite intent. Moreover, no once circumstance or combination of circumstances is in itself

determinative of intent. Intent must be determined based on an evaluation of the particular circumstances of each case.

C.

Engaging in the Act of Prostitution or Solicitation for the Purpose of Engaging in Prostitution, a Misdemeanor. It is unlawful for any person who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this State in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, "prostitution" includes any lewd acts between persons for money or other consideration.

A person agrees to engage in an act of prostitution when, with specific intent to engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution.

An agreement to engage in an act of prostitution by itself does not constitute a violation of law unless some act, in addition to the agreement, be done in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. An act in furtherance can consist of words only, if the statements made are unambiguous and unequivocal in conveying that the agreed act of prostitution will occur and move the parties toward completion of the act. However, the timing of the act is immaterial. It may precede, coincide with, or follow the agreement.

In order to prove the crime of solicitation to engage in an act of prostitution, each of the following elements must be proved:

(a)

A person solicited another person to engage in any act of prostitution or agreed with another person to engage in an act of prostitution; and

(b)

That person did so with the specific intent to engage in an act of prostitution;

(c)

In addition to the agreement, the person did an act in furtherance of prostitution.

D.

Controlling, Overseeing, Directing, Supervising, Recruiting, Aiding, or Otherwise Soliciting a Prostitute, a Misdemeanor.

It is unlawful for any person to do either of the following:

(a)

Direct, control, oversee, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of section 647 or subdivision (a) of Section 653.22 of the California Penal Code or Subsection 9.08.260 B of the Oakland Municipal Code.

(b)

Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647 of the California Penal Code or Subsection

Among the circumstances that may be considered in determining whether a person is in violation of subdivision (a) are that the person does the following:

(a)

Repeatedly speaks or communicates with another person who is acting in violation of subdivision (a) of Section 653.22 of the California Penal Code or Subsection 9.08.260 B of the Oakland Municipal Code.

(b)

Repeatedly or continuously monitors or watches another person who is acting in violation of subdivision (a) of Section 653.22 of the California Penal Code or Subsection 9.08.260 B of the Oakland Municipal Code.

(c)

Repeatedly engages or attempts to engage in conversation with pedestrians or motorists to solicit, arrange or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22 or subdivision (b) of Section 647 of the California Penal Code or Subsection 9.08.260 B of the Oakland Municipal Code.

(d)

Repeatedly stops or attempts to stop pedestrians or motorists to solicit arrange or facilitate an act of prostitution between pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22 of the California Penal Code or Subsection 9.08.260 B of the Oakland Municipal Code.

(e)

Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or communicate, or stop pedestrians or other motorists to solicit, arrange, or facilitate an act of prostitution between the pedestrians or motorists and another person who is acting in violation of subdivision (a) of Section 653.22 of the California Penal Code or Subsection 9.08.260 B of the Oakland Municipal Code.

(f)

Receives or appears to receive money or any consideration from another person who is acting in violation of subdivision (a) of Section 653.22 of the California Penal Code or Subsection 9.08.260 B of the Oakland Municipal Code.

(g)

Engages in any of the behavior described in paragraphs (1) to (6), inclusive, in regard to or on behalf of two or more persons who are in violation of subdivision (a) of Section 653.22 of the California Penal Code or Subsection 9.08.260 B of the Oakland Municipal Code.

(h)

Has been convicted of violating this section, subdivision (a) or (b) of Section 647 subdivision (a) of Section 653.22, Section 266h or 266i of the California Penal Code or Subsection 9.08.260 B of the Oakland Municipal code, or any other offense relating to or involving prostitution within five years of the arrest under this section.

(i)

Has engaged, within six months prior to the arrest under subdivision (a), in any behavior described in this subdivision, with the exception of paragraph (8), or in any other behavior indicative of prostitution activity.

The list of circumstances set forth in subdivision (b) is not exclusive. The circumstances set forth in subdivision (b) should be considered particularly salient if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered. Moreover, no one circumstance or combination of circumstances is in itself determinative. A violation of subdivision (a) shall be determined based on an evaluation of the particular circumstances of each case.

Nothing in this section shall preclude the prosecution of a suspect for a violation of Section 266H or 266i of the California Penal Code or Subsection 9.08.260 B of the Oakland Municipal Code or for any other offense, or for a violation of this section in conjunction with a violation of Section 266h or 266i of the California Penal Code or Subsection 9.08.260 B of the Oakland Municipal Code.

E.

Places of Prostitution Prohibited; Constitute a Public Nuisance; Subject to Injunction, Abatement, and Contempt of Court; Violations a Misdemeanor.

Every building or place used for the purpose of lewdness, assignation or prostitution, and every building or place in or upon which acts of lewdness, or prostitution are held or occur, is prohibited and constitutes a nuisance which may be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance.

(a)

A public nuisance is anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner of any public park, square, street, or highway is a public nuisance.

(b)

An act which affects an entire community or neighborhood, or any considerable number of persons, as specified above is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.

(c)

Whenever there is reason to believe that a nuisance, as defined in this section is kept, maintained, or is in existence within the City, the City Attorney may maintain an action in equity to abate and prevent the nuisance and to perpetually enjoin the person conducting or maintaining it, and the owner, lessee, or agent of the building or place, in or upon which the nuisance exists, from directly or indirectly maintaining or permitting it.

Every person who knowingly owns, operates, maintains, permits, or allows a building or place to be used for the purpose of lewdness, or prostitution, and every person occupying or leasing the property or premises of another who operates, maintains, permits or allows a building or place to be used for lewdness, or prostitution is guilty of a misdemeanor.

(Ord. No. 13057, § 2, 3-1-2011)

Editor's note— Ord. No. 13057, § 2, adopted March 1, 2011, amended Section 9.08.260 in its entirety to read as herein set out. Formerly, Section 9.08.260 pertained to the prohibition of loitering for the purposes of engaging in prostitution and derived from the prior code, §§ 3-19.01, 3-19.02.

A.

The fact that a person takes a photograph or makes an audio or video recording of a police officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation.

B.

Further, the fact that a person takes a photograph or makes an audio or video recording of a police officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, reasonable suspicion to detain the person or probable cause to arrest the person.

C.

This section shall not be subject to the general penalties proscribed in Oakland Municipal Code Chapter 1.28, nor any other penalty provision of the Oakland Municipal Code.

(Ord. No. 13327, § 2, 9-30-2015)