Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.24 STREET AND SIDEWALK USE REGULATIONS
12.24.010 Leaks in water pipes.
12.24.020 Mixing mortar on streets.
12.24.030 Spilling sand on streets.
12.24.040 Tacks and glass.
12.24.050 Injuring sidewalks and streets.
12.24.060 Industrial wastes and waters in public streets.
12.24.070 Prohibited uses of streets--Washing, greasing, repair of vehicles--Storing of vehicles for purposes of selling, dismantling, repairing or servicing.
12.24.075 Parking of vehicles advertised for sale--Authority to remove.
12.24.080 Street decorations permits.
12.24.010 Leaks in water pipes.
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)
12.24.020 Mixing mortar on streets.
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)
12.24.030 Spilling sand on streets.
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)
12.24.040 Tacks and glass.
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)
12.24.050 Injuring sidewalks and streets.
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)
12.24.060 Industrial wastes and waters in public streets.
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)
12.24.070 Prohibited uses of streets--Washing, greasing, repair of vehicles--Storing of vehicles for 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)
12.24.075 Parking of vehicles advertised for sale--Authority to remove.
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:
1. 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.
2. 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.
3. The notice
of parking violation was issued at least twenty-four (24) hours prior to the
removal of the vehicle.
4. 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)
12.24.080 Street decorations permits.
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:
1. 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;
2. 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;
3. That each permittee shall obtain approval from
the Director of Parks and Recreation;
4. 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;
5. 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;
6. 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;
7. 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;
8. 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;
9. 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),
bothincluding 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;
10. 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;
11. 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)
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