Title
Subject: Oakland-Alameda County Coliseum Security
From: Oakland Police Department
Recommendation: Approve the Final Passage (Second Reading) of an Ordinance amending Oakland Municipal Code Chapter 8.44, "Security for events at the Oakland-Alameda County Coliseum Complex, Section 8.44.040, "Activities Prohibited within The Oakland-Alameda County Coliseum Complex Parking Facility" and Section 8.44.050, "Penalties" and amending Chapter 1.28, "General Penalty," Section 1.28.020, "Violations as Infraction," Subsection A.1.E.
Body
SUBJ: A Report and Ordinance Amending Oakland Municipal Code Chapter 8.44,
"Security For Events At The Oakland-Alameda County Coliseum Complex,
Section 8.44.040, "Activities Prohibited Within The Oakland-Alameda County
Coliseum Complex Parking Facility" and Section 8.44.050, "Penalties" and
amending Chapter 1.28, "General Penalty," Section 1.28.020, "Violations as
infraction," Subsection A.I.e.
SUMMARY
The Department is requesting to amend Sections 8.44.040 and 1.28-020, subsection A. L(e), of
the Oakland Municipal Code (OMC) to make technical corrections to language used therein. The
corrections will clarify the scope of law enforcement authority within the grounds of the Coliseum
Complex. In addition, the ordinance will amend Section 8.44.050, adding subsection C. of
Section 8.44-030 of the OMC to change violations of this subsection from an infraction to a
misdemeanor.
FISCAL IMPACT
The proposed amendments to the OMC do not entail any negative fiscal impact.
HISTORY
Section 8.44.040 OMC - Activitiesprohibited within theparkingfacility
On November 14, 2000, the Oakland City Council amended Chapter 8.44, Section 8.44.040, of
the Oakland Municipal Code (OMQ, adding subsection J. which prohibits patrons from bringing
"Nkrithin the perimeter of the boundaries of the Coliseum parking lots ... any type of glass
container." At that time, the City Council also amended Chapter 1.28, Section 1.28.020, adding
subsection Le., making violations of Section 8.44.040 an infraction.
Section & 44.050 OMC - Penalties
As currently written, only two subsections of Section 8-44.030 are specifically identified as
misdemeanors: subsection H: "No person shall violate any local ordinance or state law." and
subsection 1: "No person shall refuse to obey an ejectment (sic) order made pursuant to
enforcement of this section, or shall re-enter the stadium or arena during the event that person
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Public Safety Comte.
September 23, 2003
Police Department
A-mending Sections 8.44.040 & 8.44.050 OMC Page 2
was ejected from by purchase of another ticket or by any other means."
KEY ISSUES AND IMPACTS
Section 8.44.040 OMC
The activities prohibited under Section 8.44.040 of the OMC were written in order to ensure that
all spectators and participants attending events at Coliseum facilities could enjoy their time
without certain activities of a few causing disruption and potential safety hazards to the majority.
Subsequent to that amendment, law enforcement officials experienced difficulties collecting the
fines levied for infractions of this subsection of Section 8.44.040 when the violation(s) occurred
within the boundaries of Coliseum property but not specifically within the perimeter of the
"parking lots." This section of the OMC will be amended to make a technical correction to
change the term "parking lots" to "parking facility."
As defined by OMC Chapter 8.44, Section 8.44.020 - Definitions, "Parking facility" means all
parking areas, entrances and exits continuous from street grade and all passenger waiting areas at
the complex, and all other areas which are part of the complex which are not part of the stadium
or arena." Note: Activities prohibited within the confines of the stadium and the arena are listed
in Section 8.44.030 of the Municipal Code.
Section 8.44.050 OMC
During the past couple of years, there has been an increase in the number of incidents where
spectators have trespassed on the field of play, entered vendors booths, and/or attempted to
access other restricted areas within the stadium and arena. Law enforcement, with the
concurrence and support of stadium officials and management officials of the professional sports
teams who call the Oakland Coliseum stadium and arena home, request that violations of
subsection C. of Section 8.44.030 be added to Section 8.44.050 of the OMC as a misdemeanor
penalty. Subsection C reads:
"No person shall enter any area of the stadium or arena not open to the general
public, or any other area set apart for the participants, performers, officials,
attendants or service personnel at any time before, during, or after a stadium or
arena event."
A misdemeanor is punishable by imprisonment not to exceed six months, or by a fine not to
exceed one thousand dollars (S 1,000.00), or both.
Item: lb
Public Safety Comte.
September 23, 2003
Police Department
Amending Sections 8.44.040 & 8.44.050 OMC Page 3
Section 1.28.020 OMC
Amending subsection A. Le. of this section of the OMC will change the word "Chapter" to the
proper term, "Section." Violations will remain an infraction, subject to a fine of $100 for the first
offense, $250 for a second offense, and $500 for a third offense.
CONCLUSION
Amendment of the proposed sections of the OMC is consistent with a goal of improving and
providing a safer environment for persons who use, work at or patronize the complex. The
Coliseum management, private security, the Police Department and others believe that the
proposed technical correction to Section 8.44.040 of the Oakland Municipal Code will provide
law enforcement and Coliseum security with the ability to mitigate potentially serious problems,
without unduly inconveniencing patrons. The proposed amendment to Section 8.44.050 would
create a greater deterrent by making such acts a rnisdemeanor instead of the lesser penalty of
infraction.
SUSTAINABLE OPPORTUNITIES
Economic
There are no direct economic opportunities associated with this report.
Environmental
There are no environmental opportunities connected to the proposed amendments.
Social Eguity
Amending Oakland Municipal Code Sections 8.44.040 and 8.44.050 of Chapter 8.44 -
SECURITY FOR EVENTS AT THE, OAKLAND-ALANIEDA COUNTY COLISEUM
COMPLEX,Mll enhance the public health, welfare and safety of the spectators and participants at
events held at the facilities regulated by this chapter.
DISABILITY AND SENIOR CITIZEN ACCESS
Approval of this ordinance amending the OMC will improve the personal safety of all Coliseum
Complex patrons.
RECOMMENDATION
The Department recommends acceptance of this report and approval of the proposed ordinance
item: -S
Pubfic Safety Comte.
September 23, 2003
Police Department
Amending Sections 8.44.040 & 8.44.050 OMC Page 4
RECOMMENDATION
The Department recommends acceptance of this report and approval of the proposed ordinance
amending Section 8.44.040, Section 8.44.050, and Section 1.28.020 of the Oakland Municipal
Code.
Respectfully submitted,
@2
r
ard L. Word
ef of Police
Prepared by: W. R. Uber
Admin & Tech Division
Bureau of Services
APPROVED AND FORWARDED TO
THE PUBLIC SAFETY COMMITTEE:
@4h,4
Office of the City anager
Item:
Public Safety Comte.
September 23, 2003
AS70RM
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-OUNdEMEMBER 1?7
INTRODUCED 13YX-
V F I CIE 0 V@, @-- @-, , --,
V City Attomey
@'bRDINANCE No. C.M.S.
ORDINANCE ANIENDING OAKLAND MUNICIPAL CODE CHAPTER
8.44, "SECURITY FOR EVENTS AT THE OAKLAND-ALAMEDA
COUNTY COLISEUM COMPLEX, SECTION 8.44.040, "ACTIVITIES
PROHIBITED WITHIN THE OAKLAND-ALAMEDA COUNTY
COLISEUM COMPLEX PARKING FACILITY" AND SECTION
8.44.050, "PENALTIES" AND AMEND CHAPTER 1.28, "GENERAL
PENALTY," SECTION 1.28.020, "VIOLATIONS AS INFRACTION,"
SUBSECTION A.I.E.
THE CITY COUNCIL OF THE CITY OF OAKLAND HEREBY ORDAINS AS FOLLOWS:
The Oakland Municipal Code is hereby amended by amending and/or adding the following
subsections:
8.44.040 Activities prohibited within the parking facil[ity.
The following activities are prohibited within the parking facility .
A. No person shall maliciously and/or in a manner that disturbs public order or causes a
threat to public safety throw, discharge, launch or spill any solid object including
footballs, baseballs, Frisbees and other such devices or liquid substances, or otherwise
cause such objects or substances to be maliciously and/or in a manner that disturbs public
order or causes a threat to public safety thrown, discharged, launched, spilled or to
become airborne within the parking facility.
B. No person shall explode, set off, discharge, or otherwise release or cause to be released
any smoke bomb, fireworks, stink bomb, or other substance which is physically harmful
or otherwise irritating, offensive, repugnant, or disgusting to the eyes or sense of smell
within the parking facility.
C. I . No person shall participate in any activity, including, but not limited to vehicle
driver training, running, jogging, volleyball, baseball, soccer, football, roller
skating, bicycle fiding, skateboarding or Frisbee within the parking facility unless
expressly authorized by the authorized representative.
2. No tables, barbecues, chairs, umbrellas or other objects shall be permitted on
walkways and promenades in the inner areas of the parking facility without the
written permission of the authorized representative.
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Public Safety Committee
September 23, 2003
Amending Sections 8.44.040. 8.44.050, and 1.28.020 OMC Page 2
D. No person shall lead, conduct or otherwise bring or allow to remain in the parking facility
any animal, bird, fish or reptile except trained guide dogs or dogs for the disabled
certified by the state of California and which arc in actual use.
E. No person shall bring or attempt to bring a vehicle into the parking facility without
paying the prescribed charge required for admission. No employee of the authorized
representative or any employee of any organization holding an event at the complex shall
enter or attempt to enter the parking facility without presenting a valid ticket or pass to
that event, or a pass or I.D. indicating that the person is an on-duty employee working the
event.
F. for purposes of the California Vehicle Code, all surfaced areas of the parking facility, on
which vehicles normally travel to enter and leave parking spaces or the parking facility,
shall be considered "highways" as defined in California Vehicle Code Section 360.
G. I . No person shall park or stand a vehicle in more than one parking space. If the
vehicle exceeds twenty (20) feet in length, the driver thereof shall park said
vehicle in parking spaces for standard size vehicles and pay for the additional
space and display evidence of such payment.
2. No person shall utilize in any manner more than the parking space that his or her
vehicle is entitled to occupy under the provisions of this chapter. Roadways and
fire lanes shall remain clear of vehicles and objects to maximize use for traffic
circulation.
3. No person shall interfere in any mariner with the use of an adjacent parking space.
H. Coliseum staff may set a reasonable closing time for parking facilities following an event.
No person shall remain within the parking facilities after being informed by a police
officer or security personnel the facilities are closed. No person shall refuse to obey the
lawful order of a police officer or security personnel made pursuant to enforcement of this
subsection.
1. No person shall bring, or cause to be brought, for the purposes of sale or barter, or have
for sale, or sell or exchange, or offer for sale or exchange any food, drink-, service, goods,
wares, ticket or merchandise within any portion of the parking facility including the
perimeter sidewalk of the complex without first having obtained a city business tax
certificate and a permit from the authorized representative.
J. No person shall bring within the perimeter of the boundaries of the Coliseum parking
facility, or cause to be brought to the parking facility, a beer keg or any type of glass
container. This subsection shall not apply to patrons possessing prescribed medication in
alass containers.
W
K. Subsections A through J of this section shall not apply to any duly authorized employee,
agent or officer of the Authorized Representative while acting in the course and scope of
his or her employment, nor shall it apply to any duly authorized participant, performer,
I
Amending Sections 8.44.040, 8.44.050, and 1.28.020 OMC Page 3
official, security or service personnel specifically authorized to perform such an act by the
authorized representative while acting in the scope of his or her employment or
participation.
8.44.050 Penalties.
A. Any person violating any provision of this chapter may be ejected from the complex by
any Oakland Police Department officer, Alameda County Sheriff or other security
personnel of the authorized representative.
B. In addition to the penalties described in subsection A of this section, a violation of
Section 8.44.030 C, H or I is a misdemeanor punishable by imprisonment not to exceed
six months, or by fine not to exceed one thousand dollars (S 1,000.00), or both. A
violation of any other section is an infraction, punishable by a fine of one hundred dollars
(S I 00.00) for the first offense, two hundred fifty dollars ($250.00) for the second offense,
and five hundred dollars (S500.00) for the third offense.
1.28.020 Violations as infraction
A. 1. (e) Section 8.44.040. Activities prohibited within the parking facility.
IN COUNCIL, OAKLAND, CALIFORNIA, 20_
PASSED BY THE FOLLOWING VOTE:
AYES- BROOKS, BRUNNER, CHANG, NADEL, QUAN, REID, WAN, and PRESIDENT DE LA FUENTE
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland, California
(Y@ S
NOTICE AND DIGEST
ORDINANCE AMENDING OAKLAND MUNICIPAL CODE
CHAPTER 8.44, "SECURITY FOR EVENTS AT THE
OAKLAND-ALAMEDA COUNTY COLISEUM COMPLEX,
SECTION 8.44.040, "ACTIVITIES PROHIBITED WITHIN
THE OAKLAND-ALAMEDA COUNTY COLISEUM
COMPLEX PARKING FACILITY51 AND SECTION
8.44.050, "PENALTIES" AND AMENDING CHAPTER
1.28, "GENERAL PENALTY,%% SECTION 1.28.020,
"VIOLATIONS AS INFRACTION," SUBSECTION AA.E.
This is an ordinance amending Chapter 8.44 of the Oakland Municipal Code
concerning security for events at the Oakland-Alameda County Coliseum Complex.
The ordinance amends the Municipal Code by making technical corrections Section
8.44.040, to change the term "parking lots" to the more inclusive "parking facility.' This
ordinance will also amend Section 8.44.050 making it a misdemeanor to violate Section
8.44.030, subsection C, which states "No person shall enter any area of the stadium or
arena not open to the general public, or any other area set apart for the participants,
performers, officials, attendants or service personnel at any time before, during, or after
a stadium or arena event." This ordinance will also amend Section 1.28.020,
Subsection A. 1.e. to change the word "Chapter" to the proper term "Section."
item #_a_
Public Safety committee
September 23, 2003