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)

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)

All parks within the city are held in trust for the use of the public. Included within such use are public assembly, communication of thoughts between citizens and discussion of public questions. These uses of the city’s parks are recognized as privileges, immunities, rights, and liberties belonging to all citizens, regardless of sex, race, religion, color, national origin, or political or philosophical persuasion. It is also recognized that the right to use the parks is not absolute, but relative, and must be exercised in subordination to the general comfort and convenience and in consonance with peace and good order. (Prior code § 6-8.01)

The following words and phrases, whenever used in this article, shall be construed as defined in this section:
“Director” means the Director of Parks, Recreation and Cultural Services or his or her authorized representative.
“Musical or other entertainment” means and includes the playing of any musical instrument and the use of sound amplifying device.
“Parks” means and includes all grounds, roadways, avenues and parks of the city, or any part, portion or area thereof.
“Permit” means a permit for use of parks as provided for and defined in this article.
“Persons” means and includes persons, associations, partnerships, firms or corporations.
“Private event” means any event conducted in any city park consisting of twenty-five (25) or more patrons that is not open to the public, including but not limited to picnics, birthday parties, family, church and school events or related activities, and may include amplified or nonamplified sound.
“Special event” means any event that is open to the public, including but not limited to rallies, concerts, fundraisers, fairs, exhibits or related activities, and which is more specifically defined in Title 9, Chapter 9.52 of the Oakland Municipal Code. “Special event” permit requirements shall apply to park events, so that the permit process for special events in Chapter 9.52 applies to this section and is incorporated by reference herein. (Ord. 12131 § 1 (part), 1999; prior code § 6-8.02)

No person shall enter, be or remain in any park of the city unless he or she complies with this article and other provisions of this code. (Prior code § 6-8.03)

No use of any park for a private or special event may be made without issuance of a permit therefor. All applications for use of any park must be accompanied by the fee prescribed in the master fee schedule, signed or co-signed by an adult, which adult shall agree to be responsible for said exclusive use. No use permit will be granted, if, prior to the time the application was filed, the city has scheduled a city-sponsored event at the same time and place as the activity proposed in the application. (Ord. 12131 § 1 (part), 1999; prior code § 6-8.04)

Any person applying for a private event permit hereunder shall file an application for such permit with the PRCS Central Reservations Unit not less than fifteen (15) working days nor more than eleven (11) months prior to the proposed use of said park. The Director may waive the fifteen (15) working day period if applicant waives all appeal rights. (Ord. 12131 § 1 (part), 1999: prior code § 6-8.05)

Any person applying for a park use permit for a special event shall file an application for such permit with the PRCS Central Reservations Unit not less than ninety (90) days nor more than eleven (11) months prior to the proposed use of said park. The Director may waive the ninety (90) day period if the applicant waives all appeal rights.
In addition to applying for a park use permit, the applicant must apply for a special event permit with the Oakland Police Department for approval by the Chief of Police or his designee pursuant to the requirements enumerated in Chapter 9.52 of Title 9 of the Oakland Municipal Code. However, the Chief of Police, in consultation with the Director of Parks, Recreation and Cultural Services or his or her authorized representative, shall retain the authority to delegate the issuance of special event permits for certain routine events in city parks not likely to result in impacts on the public safety and welfare to the PRCS Central Reservations Unit.
Should the Chief of Police delegate the issuance of OPD special event permits to the Director of PRCS pursuant to this subsection, the Director shall cause PRCS to notify the Oakland Police Department of the issuance of any such permit at least ten (10) working days before the event commences. (Ord. 12131 § 1 (part), 1999)

In addition to other information required, applications for park use permits for a private or special event shall contain at the minimum the following:
A. Name of each applicant, sponsoring organization and the person or persons who are in charge of or responsible for the proposed activity;
B. The business and residence address and telephone numbers of each person and entity named in subsection A of this section;
C. The park being applied for;
D. The starting time of the proposed activity;
E. The finishing time of the proposed activity;
F. The number of persons expected;
G. The nature of the proposed activity or activities including equipment and vehicles to be brought into the park, nature and duration of the use of such equipment, nature and duration of the use of any amplified sound, whether speech or music;
H. Estimated number of parking spaces required. (Ord. 12131 § 1 (part), 1999; prior code § 6-8.06)

A. Park Use Permits for Private Events. The Director of PRCS shall grant or deny applications for park use permits for private events on or before fifteen (15) calendar days after the filing of the application unless the time for such granting or denial of the permit has been waived by the applicant in writing.
B. Applications for OPD Permits for Special Events. The Chief of Police or his designee shall grant or deny applications for special events in parks pursuant to Title 9, Chapter 9.52 of the Oakland Municipal Code. Nothing precludes the Chief from delegating to the Director of PRCS this authority pursuant to Section 12.64.291, in which case the Director shall approve, conditionally approve, or deny the application no later than fifteen (15) calendar days after the filing of a complete application. The applicant shall be notified of any conditions of approval at the time the action on the application is taken. (Ord. 12131 § 1 (part), 1999: prior code § 6-8.07)

An application for a park use permit for a private or special event should be granted unless any one or more of the following conditions apply:
A. That a permit has been granted for the same park and on the same day and time for which the application in question pertains;
B. That the applicant has made no provision for temporary toilet facilities as required in this article;
C. That the applicant has made no provision for crowd control monitors as required in this article;
D. That the applicant has made no provision for cleanup services as required in this article;
E. That the applicant has refused to agree in writing to comply with the regulations for the use of parks as provided for in this code or has failed to provide a reasonable means of informing all persons participating in the proposed activity of the regulations;
F. That the applicant has refused to execute the indemnification agreement provided for in this article;
G. That the application was not filed in time, unless the Director waives the time requirement and applicant waives his or her right of appeal;
H. That the applicant has not secured a charitable solicitation permit as provided for in Chapter 5.18 of this code, if such permit is required thereby for the proposed activity;
I. That the proposed activity involves the sale of goods, wares, merchandise, foods, confections, refreshments, or other articles, and the permission of the Director has not been secured, as required by Section 12.64.080;
J. That the applicant has not secured a certificate of insurance as provided for in this article if insurance is required for the proposed activity.
K. For a park use permit for special event. That the applicant has not filed an application with the Police Department for a special event permit as defined in Title 9, Chapter 9.52. (Ord. 12131 § 1 (part), 1999; prior code § 6-8.08)

For a permit application to hold a special event in a park, the reconsideration process as provided for in Title 9, Article 9.52.90 shall apply, whether the decision from which the appeal is taken is made by the Chief or by the Director of PRCS pursuant to Section 12.64.291.
An applicant whose application for a park use permit for a private event has been denied or any person claiming to be adversely affected by the issuance of a park use permit for a private event may appeal the decision within five working days of the decision. The appeal shall be heard before the Parks and Recreation Advisory Commission (PRAC) pursuant to the hearing and appeals process adopted by that body. The decision of the PRAC shall be final.
Upon receipt of such appeal, the Director shall set the appeal at the next available Park and Recreation Advisory Commission meeting, The Director shall give notice to the appellant and any known adverse parties, or their representatives, of the time and place of the hearing.
The appellant shall pay the fee established by the current city of Oakland master fee schedule. (Ord. 12131 § 1 (part), 1999: prior code § 6-8.09)

The Director may impose a requirement of one crowd control monitor per hundred (100) persons expected to attend the proposed activity. The applicant shall, within two days of the receipt of the Director’s decision, supply to the Director a list of the proposed crowd control monitors, including their names, addresses and telephone numbers. The applicant may, at his or her option, provide police reserve personnel or duly licensed private patrol officers instead of crowd control monitors in the numbers approved by the Director. Crowd control monitors shall wear armbands and such other identification as the Director may require to prominently identify them as monitors. (Prior code § 6-8.10)

Provision shall be made by the permittee for cleaning up and disposal outside the park of all litter, debris, bottles, cans, paper, or other such matter remaining after use of the park, pursuant to the permit. The Director of Parks and Recreation may require a monetary deposit to insure compliance with this section. Said deposit shall be refunded within five days after use of the park if it appears to the satisfaction of the Director that there has been compliance with this section. (Prior code § 6-8.11)

Provision shall be made for temporary or portable toilets at the ratio of one per every five hundred (500) persons over and above the number of toilets permanently located at the site. Such temporary or portable toilets shall be removed from the park within twenty-four (24) hours after the event for which the permit was granted. (Prior code § 6-8.12)

All persons to whom a use permit has been granted must agree in writing to indemnify and hold the city harmless for injury or damage caused by the activity sponsored by the permittee, and said permittee shall be liable to the city for any and all damage to parks, facilities and buildings owned by the city, which results from the activity of the permittee or is caused by any participant in said activity. (Prior code § 6-8.13)

A certificate of insurance naming the city, its council, agents and employees as additional insured may be required for private events when the proposed activity is likely to have an impact on park and/or city services and resources. If required, the certificate of insurance must be submitted to the PRCS Central Reservations Unit at least three weeks before date of the proposed activity. (Ord. 12131 § 1 (part), 1999)

Any misrepresentation involved in renting facilities or parks will result in immediate cancellation of the event and/or forfeiture of all fees paid. (Ord. 12131 § 1 (part), 1999)

Pursuant to California Health and Safety Code Section 11380.5(e), the City Council of the city of Oakland, California does designate as drug free zones, all public parks within its geographical boundaries. (Ord. 12118, 1999)

A. Any violation of this chapter may be charged as a civil penalty or an infraction, as provided for in Title 1 of the Oakland Municipal Code, except as specified in B of this section. Enforcement action specifically authorized by this section may be utilized in conjunction with, or in addition to, any other statutory, code, administrative or regulatory procedure applicable to this chapter. In addition, nothing in this section shall be interpreted to preclude or limit the city from seeking injunctive or other judicial relief.
B. It shall be a misdemeanor for the event sponsor or his or her designee to refuse to terminate an event for violation of event conditions, or for holding an event without benefit of permit. (Ord. 12131 § 1 (part), 1999)