Article I — Generally

For the purpose of this article certain words and phrases are defined and certain provisions shall be construed as herein set out, unless it shall be apparent from the context that they have a different meaning.

"Boats" means and includes canoes, rowboats, sailboats, hydroplanes and any and all other watercraft.

"Improvement," when used in this article in reference to trees or shrubs, means and includes the planting, removal or maintenance of same, and any or all acts necessary thereto.

"Maintenance" or "maintain," when used in this article in reference to trees or shrubs, means and includes clipping, spraying, fertilizing, irrigating, propping, treating for disease or injury, and any other similar acts which promote the life, growth, health or beauty of such trees or shrubs.

"Public street" when used in this article shall include all public streets, avenues, highways, alleys, walks and lanes in the city of Oakland.

(Prior code § 6-3.01)

It is unlawful for any person to carry in any public park of the city any hatchet, axe, machete, brush knife or any other device other than pocketknife, capable of cutting, defacing or mutilating trees or shrubs, without permission so to do from the Board of Park Directors of the city or its duly authorized representatives.

(Prior code § 6-3.11)

head ranger and head ranger as peace officers for purpose of enforcement.

A.

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

B.

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

C.

This section may be enforced by the method provided for in Chapter 1.24 of this code, and Sections 853.1 —853.4 inclusive of the Penal Code of California.

D.

This section shall be enforced by members of the Oakland Police Department and in addition the park rangers, deputy head ranger and head ranger of the city are designated as, given the powers of, and determined to be, peace officers for the purpose of enforcing this section in the manner set forth in Chapter 1.24 of this code and Sections 853.1—853.4 inclusive of the Penal Code of California; provided, however that neither the park rangers, deputy head ranger nor head ranger shall be considered for any purpose members of the Oakland Police Department.

(Prior code § 6-3.12)

No person shall injure, deface or destroy any notice, rules or regulations for the government of parks, posted or in any manner permanently fixed by order or permission of the Board of Park Directors, nor fix any bills or notices in said parks.

(Prior code § 6-3.13)

No person shall lead any horse in the limits of any public park in the city or permit any horse that is not harnessed and attached to a vehicle or mounted by an equestrian, to enter the same, and no person shall turn loose into said parks any dogs, cattle, swine, goats or other animals, or permit the same to run at large in such parks, and police officers and park employees are given authority to capture and destroy any cats found running at large within said parks.

(Prior code § 6-3.14)

No person shall engage in any game of baseball, cricket, soccer, football, croquet or any other game with ball and bat, within the limits of any public park in the city, except where authorized by the Office of Parks and Recreation.

(Prior code § 6-3.16)

No person shall carry firearms or discharge any firearms in any public park in the city or shoot birds or throw stones or other missiles within the boundaries of said parks or disturb the waterfowl on Lake Merritt or on any pond or in any way disturb any bird in any of said parks.

(Prior code § 6-3.18)

It is unlawful for any person to sell or offer for sale any goods, wares, merchandise, foods, confections, refreshments or other article within any public park, public building or public grounds in the city, without the order or permission therefor of the commission, department or board which has jurisdiction therein. The terms "public building" and "public grounds," as used herein, shall include the Oakland-Alameda County Coliseum Complex and public parking lots adjacent thereto when completed.

No gaming shall be allowed in said parks, buildings or grounds, nor any obscene or indecent act performed therein.

(Prior code § 6-3.19)

It is unlawful for any person to trespass upon the grass of any public park in the city or to pick flowers from the same, or to cut, break or in anywise injure, damage or deface the trees, shrubs, turf, buildings, fences, benches, fountains, statuary or any fixtures connected therewith, or to foul any fountains or springs within said park.

(Prior code § 6-3.21)

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

(Ord. 11925, 1996: prior code § 6-3.22)

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

(Prior code § 6-3.33)

No person shall operate, or permit the operation of, any sound amplification system (including portable or car audio equipment) so that sound can be heard fifty (50) or more feet away from the source in any park within the city, except upon the issuance of a permit therefor by the Director of Parks, Recreation and Cultural Affairs and payment of the fee specified in the master fee schedule.

Permits issued for the operation of a sound amplification system shall specify the location of any bandstand and the position of each loudspeaker shall be as specified by the said Director so as to minimize, to the extent practicable, the amount of amplified sound to be audible in adjacent residential properties. No loudspeaker shall be permitted to be placed in a public park within three hundred (300) feet of any residential structure. In no event shall a permittee cause amplified sound to exceed eighty (80) decibels at any boundary of the park in which amplified sound is being produced.

Estuary Park and Duck Pond Stage area of Lakeside Park may be exempted from these requirements if and only if the following findings are made by the Director of Parks, Recreation and Cultural Affairs:

A.

The permittee has no prior history of events in parks which includes verified, unresolved complaints of excessive noise, poor security and crowd control, and/or poor parking control;

B.

The applicant has met and conferred with local residents and developed a specific event plan to meet the expressed concerns of said local residents; and

C.

The applicant has paid all required fees and deposits for the event in question, and has met all additional regulatory requirements which may apply to the event in question.

(Ord. 11893 § 1, 1996: prior code § 6-3.32)

It is unlawful for any person to drive or ride within the boundaries of any public park in the city at a rate of speed exceeding fifteen (15) miles per hour, or for any person to ride or drive within the limits of said parks upon any other than the avenues and roads provided therefor, and no wagon or vehicle of burden shall pass through the said parks except upon such road or avenue as shall be designated by the Board of Park Directors for such transportation.

No person shall enter or leave any of said parks except by such gates, roads, paths or avenues as may be for such purpose provided and arranged.

No vehicle for hire shall stand upon any part of any public park in the city for the purpose of hire, except in waiting for persons taken by it into such park, except at such points as may be specially designated by the Board of Park Directors.

(Prior code § 6-3.25)

It is unlawful for any person to operate or drive any motorcycle or other motor vehicle in, over or upon an equestrian or pedestrian path or trail or any other portion of any public park in the city except on such roadway or parking area regularly set apart for the use of such motor and other vehicles.

(Prior code § 6-3.251)

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

(Prior code § 6-3.252)

No person shall be permitted to make or kindle a fire of any kind within any public park in the city except at designated barbecue areas approved by the Parks and Recreation Advisory Commission.

(Prior code § 6-3.24)

No person shall be permitted to make or kindle a fire within any public park in the city on a red flag day designated by the Fire Chief (Director of Fire Services) of the Oakland Fire Department.

(Prior code § 6-3.241)

No person, other than a city employee in the performance of his or her duty, shall enter or remain in Joaquin Miller Park on a red flag day designated by the Fire Chief (Director of Fire Services) of the Oakland Fire Department.

(Prior code § 6-3.331)

It is unlawful for any person under sixteen (16) years of age to hire a boat or other watercraft to be used upon the waters of Lake Merritt or that portion of the estuary of San Antonio or Oakland harbor which lies within the limits of the city, unless such person be accompanied by his or her parent or guardian or an adult person; or for any person to rent any boat or other watercraft to any such person under sixteen (16) years of age to be so used unless such person is accompanied by his or her parent or guardian or an adult person.

(Prior code § 2-5.10)

A.

Boat Permit. It is unlawful for any person to launch, use, moor or store upon Lake Merritt any private boat unless there shall have first been procured for said boat a permit from the Recreation Commission for such purpose. Said Commission may, by rule, specify the conditions under which the same may be granted, suspended, or revoked.

B.

Speed of Boats. Speed of mechanically propelled boats on Lake Merritt is limited to eight miles an hour unless special permission to exceed such limit is granted by the Board of Playground Directors.

C.

Boats in Certain Areas. It is unlawful for any person between the first day of October and the last day of April next succeeding, to row, drive, propel or navigate any boat in, over, or upon any part of the following described area of Lake Merritt:

That portion of the northeastern arm of Lake Merritt that lies northeasterly of a line bearing north 38° 13′ west from a point on the eastern line of Lakeshore Boulevard, distant thereon one hundred and sixty (160) feet southerly from the production of the entire line of that portion of Hanover Avenue that lies between Wayne and Newton Avenues.

This subsection shall not apply to the employees of the city properly engaged in work for said city in or upon the above described area and authorized by the Board of Playground Directors or the Board of Park Directors to be thereon.

D.

Boats and Boat Races. No person shall be permitted to use the shores of Lake Merritt as a landing place for boats, or keep thereat boats for hire or floating boat houses with pleasure boats for hire, or keep boats of any kind in Lake Merritt, except under a permit from the Recreation Commission for such purpose, and only at places designated by and under restrictions and regulations promulgated by the Board of Park

Directors or the Recreation Commission; and no regattas, boat races, or other special events involving the use of Lake Merritt shall take place thereon without permission granted by the Recreation Commission.

(Prior code §§ 6-3.07—6-3.09, 6-3.17)

No person shall fish in Lake Merritt without written permission from the Board of Park Directors so to do, and no person shall in any event be allowed to catch more than two bass in one day in Lake Merritt.

(Prior code § 6-3.20)

It is unlawful for any person to tease, injure or frighten any of the birds, animals, reptiles or fish belonging to, or confined in the municipal zoo.

(Prior code § 6-3.23)

It is unlawful for any person to enter upon any municipal swimming pool or the dressing rooms connected therewith at any time when no employee of the Recreation Department, or other attendant authorized by said Department, is on duty at said pool.

(Prior code § 6-3.31)

A.

Trespass on. It is unlawful for any person to trespass upon the Oakland Municipal Golf Course, or upon any private or public golf course in the city, except pursuant to the express consent of the person in charge of the management thereof.

B.

Play Upon. It is unlawful for any person to play upon the Oakland Municipal Golf Course, or upon any private or public golf course in the city, without first having obtained a ticket therefor, or except pursuant to the express consent of the person in charge of the management thereof.

C.

Taking of Golf Balls. It is unlawful for any person to take possession of any golf ball not belonging to him or her from any golf course, or from any land or any street adjacent thereto.

D.

Injury to Turf. It is unlawful for any person to wilfully or maliciously injure the turf on any golf course.

E.

Sales on. It is unlawful for any person to sell golf balls, golf equipment, food, drinks, or other commodities, on the Oakland Municipal Golf Course, or upon any private or public golf course in the city, except pursuant to express permission of the person in charge of the management thereof.

(Prior code §§ 6-3.26—6-3.30)