12.64.250 - Statement of principles.

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)

12.64.260 - Definitions.

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)

12.64.270 - Compliance required.

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)

12.64.280 - Permit required.

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)

12.64.290 - Private event park use application.

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)

12.64.291 - Park use permit for special events.

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)

12.64.300 - Contents of park permit applications.

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)

12.64.310 - Action on application for permit.

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)

12.64.320 - Criteria for issuance of permit.

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)

12.64.330 - Right of appeal.

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)

12.64.340 - Crowd control monitors.

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)

12.64.350 - Cleanup.

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)

12.64.360 - Temporary toilet facilities.

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)

12.64.370 - Indemnification agreement.

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)

12.64.380 - Certificate of insurance.

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)

12.64.390 - Misrepresentation of event.

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)

12.64.400 - Public parks as drug free zones.

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)

12.64.410 - Penalties for violation of park permit requirements.

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)