Chapter 12.24 — STREET AND SIDEWALK USE REGULATIONS

It is unlawful for any person owning or controlling water pipes in the city to permit a leak to exist in any of the same within any public street or public place in the city for more than twenty-four (24) hours after notice of such leak has been given to such person; or for any such person owning or controlling such water pipes to permit any soil saturated or softened by water from a leak in such pipe to remain in or under any public street for a longer period than is actually necessary for the work of removing the same, said work to begin within twenty-four (24) hours after notice of the presence of such saturated or softened soil has been given to said person and to be diligently prosecuted to completion. All such saturated or softened material shall be replaced with firm material compacted and otherwise placed in accordance with regulations of the city for refilling excavations.

Notice as herein provided for may be given in writing to the person owning or controlling such water pipes, by any person having knowledge thereof, and it shall be the duty of the Superintendent of Streets/Director of Public Works to give notice of such leaks as come to his or her attention.

(Prior code § 6-2.54)

It is unlawful for any person to place or cause to be placed anywhere upon the surface of the roadway of any public streets in the city or upon the surface of any improved sidewalk therein, mortar in a moist state for any purpose whatsoever, or to mix or prepare the same upon such roadway or sidewalk, unless such mortar be placed, mixed or prepared in a tight box or upon a close fitted platform or bed.

No moist concrete shall be allowed to stand on the surface of any street or improved sidewalk for a longer period than one hour after mixing, and on completion of the job all surplus material shall be removed and the street or sidewalk surface washed, cleaned and left in the same condition as before mixing. No rock, sand, gravel, or cement shall be washed into and left in either gutters or catch basins or allowed to find its way into catch basins.

(Prior code § 6-2.55)

It is unlawful for any person to use within the city any cart, wagon or other vehicle for the purpose of carrying sand, earth or rock on or over any public street unless the same is tight and so constructed as to prevent the deposit of such sand, earth or rock in whole or in part in or upon such public street.

(Prior code § 6-2.56)

It is unlawful for any person to throw or deposit tacks, broken glass or ware upon the sidewalks, streets, avenues, alleys or other public places in the city.

(Prior code § 6-2.57)

It is unlawful for any person to cut, carve, hack, hew or otherwise injure or deface any sidewalk, curb, gutter or pavement on any public street in the city.

(Prior code § 6-2.58)

It is unlawful for any person to discharge, or cause or permit to be discharged any industrial wastes or processing waters into public streets or upon public property without first having obtained a permit therefor granted by resolution of the City Council upon written application therefor. The application shall be supported by such data as the City Manager may require, and the permit shall be revocable at the will of the City Council.

(Prior code § 6-2.65)

purposes of selling, dismantling, repairing or servicing.

It is unlawful for any person to use any public street in the city for any of the following purposes:

A.

Washing, greasing or repairing such vehicles except repairs necessitated by an emergency;

B.

Storing of vehicles held or acquired for dismantling, rebuilding, sale or resale, repairing, servicing, scrapping or other salvage processes.

This section may be enforced by the method provided for in Chapter 1.24 of this code and Sections 853.5 through 853.8 of the Penal Code of the state of California. Said section shall be enforced by members of the Police Department.

(Ord. 11942, 1996: prior code § 6-2.66)

A.

California Vehicle Code Section 22651.9 provides that a local authority may remove a vehicle located on any street or public land when the vehicle is found to satisfy all the following requirements:

Because of a sign or placard on the vehicle, it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle.

Within the past thirty (30) days, the vehicle is known to have been previously issued a notice of parking violation, under local ordinance, which was accompanied by a notice containing all of the following:

a.

A warning that an additional parking violation may result in the impoundment of the vehicle;

b.

A warning that the vehicle may be impounded pursuant to this section, even if moved to another street, so long as the signs or placards offering the vehicle for sale remain on the vehicle;

c.

A warning that all public streets within the city are covered under this section.

The notice of parking violation was issued at least twenty-four (24) hours prior to the removal of the vehicle.

The local authority of the city has, by ordinance, authorized the removal of vehicles pursuant to this section from the street or public lands on which the vehicle is located.

B.

The city authorizes removal of cars parked for purposes of advertising their sale, pursuant to the terms and authority and in accordance with the provisions of California Vehicle Code Section 22651.9.

(Ord. 12107, 1999)

A

The Building Official of the city is authorized to grant permits to hang street decorations along and over the public streets in the business districts of the city for decorative purposes only for periods of time not to exceed sixty (60) days.

B.

This section does not, and shall not be construed to, permit temporary signs, as defined in the Oakland Sign Code, along and over the public streets.

C.

The granting of permits to hang street decorations along and over the public streets shall be conditioned by the following:

That each permittee shall obtain approval from the Manager of the Electrical Department before attaching to any electroliers or stringing any electrical wires along and/or over public streets;

That each permittee shall obtain approval from the Traffic, Street and Engineering, Fire, Police and City Planning Departments prior to the installation of decorations and/or electrical wires as permitted by this code;

That each permittee shall obtain approval from the Director of Parks and Recreation;

That the electrical work shall be performed under an electrical permit obtained from the Inspectional Services Department, and that all installations shall be made in compliance with the provisions of this code;

That each permittee shall obtain permission from the appropriate public utility companies before attaching to any poles, guy wires, or span wires, and such attachments shall comply with the rules and regulations of the Public Utilities Commission of the state of California;

That the sign permit forms of the Inspectional Services Department are to be used for the processing of applications to hang decorations. This is not to be construed as requiring the installation to meet all the requirements of the Oakland Sign Code;

That a fee for each installation shall be paid to the Building Official as required for signs as set forth in the Oakland Sign Code;

That all street decorations shall be installed and maintained in a safe condition, and each permittee shall agree in writing, at the time of the granting of said permit, to be responsible for any loss or damage caused by the installation or maintenance of said decorations and to indemnify and hold harmless the city, its officers and employees, from any claims or damages sustained or arising out of the installation or maintenance of said decorations;

That each permittee shall maintain in force and effect good and sufficient public liability insurance in the amount of two hundred thousand dollars ($200,000.00)/three hundred thousand dollars ($300,000.00); and property damage insurance in the amount of fifty thousand dollars ($50,000.00), both including the contractual liability assumed above, or including the city and all officers and employees thereof as additional insured with respect to any and all claims arising out of the existence of said decorations;

That nothing herein contained shall be, or be deemed to be, a waiver of the city's right to hold the permittee liable for any and all damage to city property resulting from the permission herein granted;

That each permit granted pursuant hereto is revocable at the pleasure of the Building Official, and all street decorations erected shall be removed from the streets upon the conclusion of the sixty (60) day permit period to the satisfaction of said Building Official.

(Prior code § 6-2.69)