1.28.010 Violations a misdemeanor.
A. Unless otherwise provided in this code, any person violating any of the
provisions or failing to comply with any of the regulatory requirements of this
code shall be guilty of a misdemeanor. Any person convicted of a misdemeanor
under the provisions of this code shall be punishable by imprisonment in the
county jail not exceeding six months or by fine not exceeding one thousand
dollars ($1,000.00) or by both.
B. Except as otherwise provided in this
code, each person shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of this code is
committed, continued or permitted by such person and shall be punishable
accordingly. In addition to the penalties here and above provided, any condition
caused or permitted to exist in violation of any of the provisions of this code
shall be deemed a public nuisance and may be summarily abated as such by the
city. (Ord. 11922 § 1, 1996; prior code § 1-3.01)
1.28.020 Violations as infraction.
A. Any person violating any of the provisions or failing to comply with
any of the regulatory requirements of the following code sections shall be
guilty of an infraction:
1. Public Safety
a. Chapter 15.32. Dangerous
Structures
b. Chapters 5.62, 8.36; Sections 8.40.120—8.40.170,
12.64.190. Accident Prevention
c. Section 15.04.780. Grading, Excavations
and Fills
d. Chapter 15.64, Bedroom Window Security Bar and Smoke Detector
Permit Requirements
e. Chapter 8.44.040. Activities prohibited within the
parking facility
2. Public Welfare, Morals and Policy
a. Chapter 8.18.
Public Nuisances
b. Chapter 5.18. Charities and Relief
c. Sections
9.04.030—9.04.060, 9.08.210. Fraud and Deceit: Section 9.04.050: Defacing
Notices. Violations of other provisions of Sections 9.04.030—9.04.060,
9.08.210 shall be a misdemeanor.
d. Chapters 6.04, 6.08. The Animal Control
Ordinance, with the exception of Sections 6.08.120, 6.08.130,
6.08.150—6.08.180, and 6.08.200, vicious dogs, the violation of which
shall be a misdemeanor.
e. Sections 9.04.070, 9.04.080,
9.08.220—9.08.240. Miscellaneous
f. Sections 8.04.080—8.04.150.
Theft Provision: Title 10. Vehicles and Safety.
g. Section 9.08.250; Chapter
9.32. Trespass. Notwithstanding the provisions of Section 1.28.010A of this
code, a person shall be guilty of a separate violation of Section 9.08.250 for
loitering, prowling, wandering or being present without lawful business on the
property of the Housing Authority of the city of Oakland for each and every
instance of failure to leave upon request of a peace officer or authorized agent
of the Housing Authority of the city of Oakland or for each return to the
property of the Housing Authority of the city of Oakland within seventy-two (72)
hours after being asked to leave by a peace officer or authorized agent of the
Housing Authority of the city of Oakland.
h. Chapter 5.40. Mechanical or
Electronic Games
i. Chapter 5.10. Bingo Games with exception of Section
5.10.370, which shall remain a misdemeanor punishable by a ten thousand dollar
($10,000.00) fine.
j. Chapter 8.26. Abatement of Illegal Scrapyards and
Recyclable Materials Held Illegally in Open Storage.
3. Businesses,
Professions and Trades
a. Chapter 5.04. Taxation and Control
b. Chapter
4.24. Transient Occupancy Tax
c. Chapter 4.12. Cigarette Tax
d. Chapter
4.28. Utility Users Tax
e. Chapter 4.08. Bedroom Tax
f. Chapter 4.20.
Real Property Transfer Tax
g. Chapter 5.64. Taxicab Standards, with the
exception of Section 5.64.050A, operating a taxicab without a vehicle permit;
Section 5.64.100D, refusal to pay fare; and Section 5.64.080K, operating a
taxicab without an insurance medallion, all of which shall be misdemeanors
punishable under Section 1.28.010.
4. Public Works
a. Chapter 12.04;
Sections 12.08.010—12.08.190; Chapter 12.52. Sidewalks and
Curbs
b. Sections 9.16.060, 12.08.200—12.08.240; Chapters 12.12,
12.16, 12.20, 12.24, 12.28, 13.12, 15.44. Streets
c. Sections 9.16.010,
9.16.050; Chapter 12.32; Sections 12.60.070, 12.64.010—12.64.180,
12.64.200—12.64.240. Parks and Boulevards
d. Chapter 8.28. Solid Waste
Collection and Disposal and Recycling
e. Section 9.16.040.
Watercourses
f. Chapter 13.08. Building Service
g. Chapter 13.04. Sewer
Service
h. Sections 12.64.250—12.64.370. Park Permits
5. Land and
Resource Development
a. Chapter 15.40. Building Numbers
b. Section
9.16.030 and Chapter 15.48. Setback Lines and Miscellaneous
c. Chapters
16.04—16.20, 16.28, 16.32. Real Estate Subdivision
Regulations
d. Chapter 12.36. Trees. Notwithstanding the provisions of
Section 1.28.010B of this code, the removal of each protected
tree shall be
deemed a separate and distinct offense punishable under this
provision.
e. Chapter 16.36. Condominium Conservation
Ordinance
f. Chapter 9.48. Prohibiting discrimination and housing on the
basis of pregnancy, or tenancy of a minor child.
6. Chapter 8.24. Property
Blight
7. Chapter 8.10. Graffiti
B. Any person convicted of an
infraction under the provisions of this code shall be punishable upon a first
conviction by a fine of not more than one hundred dollars ($100.00) and, for a
second conviction within a period of one year, by a fine of not more than two
hundred dollars ($200.00) and, for a third or any subsequent conviction within a
one-year period, by a fine of not more than five hundred dollars ($500.00). Any
violation beyond the third conviction within a one-year period may be charged by
the City Attorney or the District Attorney as a misdemeanor and the penalty for
conviction of the same shall be punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment in the county jail for a period
of not more than six months or by both. Exceptions: See Section 6.04.345,
Feeding of feral pigeons; see also Section 6.04.070, Dogs at large. (Ord. 12835
§ 1 (part), 2007; Ord. 12817 § 1 (part), 2007; Ord. 12607
§ 3, 2004; Ord. 12290 (part), 2000; Ord. 11989 § 3, 1997;
amended during 1997 codification; prior code § 1-3.04)