Oakland Municipal Code Ch. 8.21 Automated Purchasing Machines

The following words and phrases, whenever used in the ordinances of the City of Oakland, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases.

A. "Automated purchasing machine" or "APM" (also known as a "reverse vending machine") means a self-service automated kiosk that, without the physical presence of a human agent, is capable of taking possession of and dispensing payment for any one or more types of consumer electronic device.

B. "Consumer electronic device" means any cell phone mp3 player, tablet or other similar device or machine.

C. "Person" means: (i) an individual; or (ii) a partnership, firm, association, corporation, or other entity of any kind. "person" does not include a governmental entity or an instrumentality or unit of a governmental entity.

(Ord. No. 13246, 7-15-2014)

A. This chapter is adopted pursuant to the authority granted to the City of Oakland in Article XI, Section 5(a) and Section 7 of the California Constitution, and Section 106 of the Oakland City Charter.

B. The purpose and intent of this Chapter is to protect public health, safety and general welfare of the residents of the City of Oakland.

(Ord. No. 13246, 7-15-2014)

A. Automated purchasing machines are prohibited in the City of Oakland.

B. No person shall locate, operate, own, suffer, allow to be operated or aide, abet or assist in the operation of an automated purchasing machine within the City.

C. Except as otherwise expressly provided in this subtitle, no person may purchase or offer to purchase any consumer electronic device by means of an automated purchasing machine.

(Ord. No. 13246, 7-15-2014)

This chapter does not prohibit individuals from recycling their consumer electronic devices at authorized locations which are in compliance with laws governing all electronic waste.

(Ord. No. 13246, 7-15-2014)

A. Seizure. An automated purchasing machine is subject to seizure and forfeiture if it is used in violation of this Chapter.

B. A person who violates any provision of this Chapter is guilty of a misdemeanor and, on conviction, subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than 6 months or both fine and imprisonment for each offense.

C. Each transaction in violation of this Chapter is a separate offense.

D. Penalties established in this Chapter are in addition to any other administrative or legal remedy which may be pursued by the City to address violation of this Chapter.

(Ord. No. 13246, 7-15-2014)