City of Oakland Legistar System

Subject: Sideshow Activities

From: Oakland City Council

Recommendation: Action on A Report and Recommendations Regarding Two Alternatives To

Address Sideshow Activities: Alternative No. 1 - An Ordinance Amending Title 9 Of The

Oakland Municipal Code To Add Chapter 9.60 (a) Declaring Vehicle Sideshows A Public

Nuisance And (b) Prohibiting The Gathering Of Spectators At Such Public Nuisance Events;

And Alternative No. 2 - An Ordinance That Includes The Foregoing Provisions And Also

Provides For The Forfeiture Of Vehicles Involved In Sideshow Events (05-0429-1)

A motion was made by Member Quan, seconded by Member Kernighan,

that this matter be *Approve as Amended the Recommendation of Staff,

and Forward to the Special Concurrent Meeting of the Oakland

Redevelopment Agency/City Council, due back on July 12, 2005. The

motion carried by the following vote:

Councilmember Abstained: Member Nadel

Councilmember Aye: Member Kernighan, Member Quan and Chair Reid

The Committee moved seconded and carried a motion to accept staff

recommendations as amended:

This chapter is adopted to prohibit sideshow gatherings, processions and

assemblages on city streets and highways and to prohibit the gathering of

spectators at these events. The purpose of this law is to significantly curb this

illegal and nuisance activity. The law targets a very clear, limited population

and gives proper notice to citizens of the activities that are considered a

nuisance and prohibited under this ordinance. In prohibiting this activity and

discouraging spectators, the city intends to take a significant step toward

making its streets and highways safe to pedestrians, motorists and the general

public.

Include the following language:

With this ordinance, the City Council seeks to achieve reform, education, and

reduce recidivism rates of persons involved in sideshow activity. To that end,

the City supports the administration and enforcement of this ordinance in a way

that emphasizes community service, education and training (including parental

participation for those violations committed by juveniles). To the extent that the

law permits these community-service alternatives to the criminal penalties

provided under this Ordinance, the City Council supports those alternatives.

It is the expectation of the City Council that the City Administrator and the

Oakland Police Department work with the City Attorney's office, Alameda

County District Attorney's office, Alameda County Probation and Alameda

County Juvenile Court to identify specific community service and educational

alternatives for violations of the ordinance.

SECTION 9.60.030 DEFINITIONS

"Spectator" means a person who is knowingly present at the location of a

sideshow and who is encouraging, facilitating or aiding and abetting in the

sideshow activity. To be present means a person who is within 100 feet of a

sideshow activity.

Include the following language: Encouraging is defined as someone who urges

and assists participants through actions and/or words

SECTION 9.60.70 RELEVANT CIRCUMSTANCES TO PROVE A VIOLATION

• Whether the individual is facilitating the illegal activity in any manner, such

as by encouraging the event, obstructing foot or vehicular traffic or placing

barricades or other obstructions upon any highway.

Include: Encouraging is defined as someone who urges and assists participants

through actions and/or words

SECTION 9.60.90 ENFORCEMENT - PENALTIES FOR VIOLATIONS

Violations of this Ordinance shall be as follows. The first offense shall

constitute an infraction punishable by a fine of not more than $500 and/or

community service and education. The second offense shall constitute an

infraction punishable by a fine of not more than $750 and/or community service

and education. The third and any subsequent offenses shall constitute a

misdemeanor punishable by a fine of $1,000, and/or community service and

education, by imprisonment not exceeding six months, or both. This provision

shall not be read to preclude the charging or imposition of any other penalties

authorized by law.

We would like to direct the Oakland Police Department to return to the Public

Safety Committee in six months with a report updating the committee on their

training efforts, public awareness and education, and enforcement of this

ordinance. The committee further directs the Oakland Police Department to

come back to the council in one year with a report on the overall effectiveness

of the ordinance.

The following individual(s) spoke in favor of this item:

- Mark Daly

- Jose' Dorado

- Benjamin Scott

- Jim Ensign

- Stephanie Allen

- Tracy Myers

- Nicholas Vigilante

- Marcus Johnson

The following individual(s) spoke against this item:

- Wendy Snyder

- Matthew Willis

- Aimee Allison

- Sitara Nieves

- Forrest Hill

- Mary Van Der Horst

- Venus Rodriguez

- Michael Rubin

- Janet Arnold

- John Morton

- Wilson Riles

Subject: Motorized Scooters / Motorized "Pocket Bikes"

From: Oakland Police Department

Recommendation: Approve The Introduction (First Reading) Of An Ordinance Adding Chapter

10.17 To The Oakland Municipal Code Requiring Sellers Of Motorized Scooters And

Motorized "Pocket Bikes" To Advise Consumers Of The State And Local Laws Regulating The

Operation Of The Devices Within The City Of Oakland (05-0525)

Subject: Oakland Housing Authority (OHA) - Agreement

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And

Appropriate Grant Funds In An Amount Not To Exceed Four Hundred Thousand Dollars

($400,000) From The U.S. Department Of Justice, Community Capacity Development Office,

In Collaboration With The Institute For Law And Justice, For Implementation Of The Public

Housing Safety Initiative In The Police Department And Authorizing A Professional Services

Agreement With The Oakland Housing Authority (OHA) In The Amount Of Eighty Thousand

Dollars ($80,000) For Law Enforcement And Other Community-Based Services And The East

Bay Community Recovery Project In An Amount Not To Exceed One Hundred Thousand

Dollars ($100,000) For Counseling And Other Community-Based Services Associated With

The Initiative (05-0460)

Subject: Oakland Youth Court Implementation

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To Accept And

Appropriate Grant Funds In An Amount Not To Exceed Twenty-Four Thousand Eight Hundred

And Twenty-Eight Dollars ($24,828) From The State Of California, Board Of Corrections

(BOC), Juvenile Accountability Block Grant (JABG) Program, And Authorizing A Funding

Agreement In An Amount Not To Exceed Twenty Thousand Dollars ($20,000) With The

Donald P. McCullum Youth Court For Implementation Of The Oakland Youth Court -

Interface Project (05-0461)

Subject: Patrol Canine Acquisition

From: Oakland Police Department

Recommendation: Adopt A Resolution Authorizing The City Administrator Or Her Designee

To Accept And Appropriate A Donation In The Amount Of Ten Thousand Dollars ($10,000)

To The Oakland Police Department For The Acquisition Of Two Patrol Canines, Valued At

Approximately Four Thousand Eight Hundred Dollars ($4,800) Each, For A Total Cost Of

Approximately Nine Thousand Six Hundred Dollars ($9,600), For Use By The Police

Department Canine Program, With Any Remaining Funds To Be Used To Offset Handler

Training Costs And The Purchase Of Canine Related Supplies And/Or Services (05-0499)

Subject: Urban Search And Rescue Team

From: Oakland Fire Department

Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) Apply For,

Accept And Appropriate A Grant From The Federal Emergency Management Agency (FEMA)

For The Period March 1, 2005 To June 30, 2006 In The Amount Of Eight Hundred Ninety Two

Thousand Dollars ($892,000.00) To Meet Continuing Training And Equipment Needs Of The

Fire Department's Urban Search And Rescue (USAR) Team, 2) Waive The City's Competitive

Bidding Requirements And Authorize Procurement Of Some Equipment From The General

Services Administration Agency, And 3) Award Said Equipment Contracts Without Return To

Council (05-0517)

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Office of the City Clerk

Phone: (510) 238-7370

Fax: (510) 238-6699

Recorded Agenda: (510) 238-2386

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