CITY

50S-14TH

STREET

12TH

Office of the City Attorney

Jayne W. Williams
City Attorney

FLOOR

OF

OAKLAN 0

OAKLAND,

CALIFORNIA 94612
(415) 273-3601
TDD 839-6451

February 16, 1993

HONORABLE CITY COUNCIL

Oakland, California
Mayor Harris and Members of the city council:
Subject:

RESPONSE FROM THE CITY ATTORNEY TO ISSUES RAISED BY THE

WEST OAKLAND COMKERCE ASSOCIATION IN REGARDS TO THE
PROPOSED ORDINANCE AMENDING THE OAKLAND TRAFFIC CODE
AND THE OAKLAND MUNICIPAL CODE TO ALLOW UNIFORM
ABATEMENT OF ABANDONED, WRECKED, DISMANTLED, OR
INOPERATIVE VEHICLES.

A proposal to modify sections of the Oakland Traffic

Code and the Oakland Municipal Code as they relate to abandoned
and inoperable vehicles was presented at the February 9, 1993
meeting of the Oakland city council. In consideration of the
concerns raised by representatives of the West Oakland Commerce
Association (WOCA), action on the item was delayed until this
evening.
In a fax letter to this office (copy attached), WOCA
has suggested changes to the draft ordinance as follows:
1.

Redraft the ordinance to allow business properties in

commercial areas more latitude in keeping and maintaining
inoperable vehicles.

2.

More clearly define "inoperative vehicles".

3.

Provide a minimum of ten days notice before a vehicle is

towed.

4.

Include an appeals process to allow an individual to contest

a determination that a vehicle is abandoned or inoperable.

Issue #1 is a request that the City consider as a

matter of policy that vehicle abatement in commercial areas
should be conducted differently than in residential areas. This
would require that the City produce findings to justify the need

.53 -31
FEB f 6 1993

CITY COUNCIL
February 16, 1993
Page 2
for creating a dual abatement policy. In addition, since the
decision to abate would be based upon the zoning of the area in
which the vehicle is located, the criteria should properly be
incorporated into the Zoning Regulations. Amending the Zoning
Regulations would require a pUblic hearing before the Planning
commission prior to City Council approval.
Issue #2 suggests that "inoperative vehicle" should be
specifically defined.
In fact, the state Vehicle Code defines a
vehicle incapable of operating safely on the highways as
" ... lack(ing) an engine, transmission, wheels, tires, doors,
windshield, or any other part or equipment necessary ... ".
(Vehicle Code section 22669(d).)
In my view, a vehicle lacking
parts allowing for safe operation is "inoperable". The state
criteria need not be repeated within the Oakland Traffic Code.
Issues #3 and #4 are likely the result of a
misunderstanding on the part of WOCA as to the procedural
requirements for abating an inoperative or abandoned vehicle, and
are deserving of some clarification. First, state law requires
that a vehicle owner receive ten days notice prior to a vehicle
being towed.
(Vehicle Code section 22661(c).)
Second, state law
further requires that the owner of a vehicle be given an
opportunity to appeal a determination that a vehicle is abandoned
and/or inoperable.
(Vehicle Code section 22661(e).)
These state
law requirements are currently in effect, are not altered by the
proposed legislation, and are codified within the Oakland Traffic
Code in Article XXII. What the proposed legislation provides is
that a vehicle may be determined to be abandoned or inoperative
if it is not removed within 72 hours of being "tagged". If it is
not moved, then the City may proceed with providing ten days
notice to the owner of the City's intention to abate the
nuisance.

Attachment
Attorney assigned:
J. Patrick Tang
h: Ijpt\cc\vehicle.rpt

33 --,31FEB 16 1993

f'(!LHH-<U c r-UX

From

west

Oakland Con1nerce Ass.

2221 Poplal: st.
oakland ca.
It.tt. Geol:ge Burt
Tel. 839-6999
oder
Richard E. Fox

Tel 658-0227
To CITY A'M'ORNEYS OFFICE
Att Patrick Tang
505 14th st 12TH FLClCR
oakland

Tel 238-3601

ca.

94612

Ref: Council Action on Items 46.1, 46.2, 46.3, Auto abatement on private
property
Dear

S1r,

west oakland COurrerce ABsociation has a lot of concern about this issue.
This is a property rights issue, specifically private property r1ghts.
'!he issue shoul~ be spl1t, we do not have any problem with the street,

but

l-e

have a problem with private property

rights being' Vlolated.

recomnends the following:

1) Two classes of property be designated. That the law acts differently

with residential and Business property. That the busin~s property, 1n
commercial ~ea5; be split off.

2) That a clear defInition of "INoPERATIVE VEHIcr..ES".

should be the same as ".ABANI:aIED VEHICLES".

we

think. that it

3) on Private Property, a min1mJm of 10 days notice be given, as in

accordance with the state of california Codes.

4) Appeals procesg to be enacted and to be articulated.
5) '!'hat the OW'\er5 be legally notified, a attentive service to be
enacted and defined.
The YX>CA association feels strongly that this should be sent back to
COnmittee fo:r: fw:ther discussion and to work out certain P1:oblerns with
the law which we feel ~trongly about.
;'Ou J r?
r~r'~

ThCWk

Richard E.

F~x

George Burt
WEST 0AKL1lND

~CE:

ASSOCIATION

,_{3 -c31
FEB 16 1993

CITY
CITY HALL. ONE

CITY

HALL

Office of the City Attorney

OF

OAKLAND

PLAZA, OAKLAND, CALIFORNIA 94612

(415) 273-3601
TIY 639-6451

Jayne W. Williams
City Attorney

February 9, 1993

HONORABLE CITY COUNCIL

Oakland, California
Mayor Harris and Members of the City Council:
Subject:

REPORT FROM THE CITY ATTORNEY REGARDING AN ORDINANCE

AMENDING THE OAKLAND TRAFFIC CODE AND THE OAKLAND
MUNICIPAL CODE TO ALLOW UNIFORM ABATEMENT OF ABANDONED,
WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES.

On October 13, 1992, this office reported to the Public

Safety Committee concerning an inconsistency between existing
provisions of the Oakland Traffic Code (OTC) and the Oakland
Municipal Code (OMC), regarding the disposition of abandoned,
wrecked, and inoperative vehicles. The Committee recommended
that the OMC be amended to adhere to the stricter OTC
requirements for removal of inoperative vehicles.
In addition,
the Committee recommended that the OTC be further amended to
include "highways", as authorized by California Vehicle Code
section 22660.
As directed by the Committee, a report and legislation
was presented to the City Council October 27, 1992 (copy of the
report attached as Exhibit "A"). After consideration of the
issue and after hearing testimony regarding the impact the
proposed ordinance would have on collectors of historic
automobiles, the Council directed City Attorney staff to craft a
suitable exemption allowing for the collection of historic
automobiles, to be reviewed by the Public Safety Committee.

33I~
- 4-6,,"FfB 091993

CITY COUNCIL
February 9, 1993
Page 2
On January 26, 1992, the Public Safety Committee
approved of the draft ordinances with the addition of an
exemption for historic automobiles. The ordinances as amended
and approved by the Committee are now before the City Council for
review and consideration.
The draft ordlnance to amend the Oakland Municipal
Code, attached as Exhibit "B", is essentially the same ordinance
as presented to the Council on October 27, 1992.
The draft ordinance to amend the Oakland Traffic Code,
attached as Exhibit "C", differs from the version presented to
the Council on October 27, 1992, in that it includes an exception
for vehicles of historic value. Vehicles of historic value are
defined in the Vehicle Code, section 5004, a copy of which is
attached as Exhibit "0".
sUbmitted,

Attachments
Attorney assigned:
J. Patrick Tang

H:\JPT\CC\VEHORD.RPT

33

- .I,<e, .l-'~
fie 091993'"

CITY OF OAKLAND
505.14TH

STREET

12TH

Office of the City Attorney

Jayne W. Williams
City Attorney

FLOOR

OAKLAND.

CALIFORNIA 9~612
(415) 273-3601
TOO 8396451

October 27, 1992

HONORABLE CITY COUNCIL

Oakland, California
Mayor Harris and Members of the City Council:
Subject:

PROPOSED AMENDMENTS TO THE OAKLAND TRAFFIC CODE AND THE

PROPERTY BLIGHT ORDINANCE PROVISIONS OF THE OAKLAND
MUNICIPAL CODE, ALLOWING FOR UNIFORM ABATEMENT OF
ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES
BACKGROUND

At the October 13, 1992, meeting of the Public Safety

Committee, this office provided that committee with an analysis
of both the Oakland Traffic Code and the Property Blight
Ordinance provisions of the Oakland Municipal Code, as they
relate to the abatement of abandoned and inoperable vehicles.
The purpose of the report was twofold: First, to inform the
committee that some inconsistencies exist between the abatement
provisions of the two separate codes. Second, that amendments to
the California Vehicle Code allow for expansion of local
authority to abate inoperable vehicles on streets and highways.
After review of the report, the committee approved
certain measures herein described, direct~d the City Attorney to
prepare the appropriate legislation, and voted to forward the
recommendations and draft ordinances to the City Council for
further consideration.
SUMMARY
1.
The Public Safety Committee has directed that the
Property Blight Ordinance provisions of the Oakland Municipal
Code should be amended to delete exceptions for the storage of
inoperative vehicles, so that it will be consistent with the
provisions of the Oakland Traffic Code. This will require
amending the Property Blight Ordinance of the Oakland Municipal
Code to delete subsections (1) through (3) of section 151.02(6)(c).

33

HONORABLE CITY COUNCIL

October 27, 1992
Page 2
2.
The Public Safety Committee also recommends that
the Oakland Traffic Code be amended to delete the existing
language which excludes "highways" from coverage. This amendment
will bring the Oakland Traffic Code into compliance with the
Vehicle Code as amended in 1988.
3.
This report also addresses additional issues
.
raised by the committee regarding the criteria used to determine
when a vehicle is abandoned or inoperable, and which departments
have authority to abate 1noperable or abandoned vehicles.

Copies of the proposed ordinances to affect the changes

described herein are attached, for your review and consideration.
DISCUSSION
A.

COMMITTEE RECOMMENDATIONS FOR OAKLAND TRAFFIC CODE AND

OAKLAND MUNICIPAL CODE PROPERTY BLIGHT ORDINANCE AMENDMENTS.

The Public Safety Committee recommends to the City

Council adoption of the following changes to the Oakland Traffic
Code ("OTC") and the Property Blight Ordinance of the Oakland
Municipal Code ("OMC"):
1.

Revise the OMC to bring it into compliance with

provisions of the OTC. See Draft Ordinance
attached as Exhibit "A".

EFFECT:
This would allow the city to abate all
inoperative vehicles which are on pUblic or private
property in excess of 72 hours, unless the vehicles are
completely enclosed within a building in a lawful
manner and are not visible from the street or other
pUblic or private property.
2.

Amend the OTC in order to bring it into conformity

with 1988 amendments to the state Vehicle Code,
which allow for local abatement of abandoned
vehicles from highways. See Draft Ordinance
attached as Exhibit "B".

EFFECT:
This amendment would authorize the abatement
of inoperative vehicles from private property, pUblic
property, and streets and highways.
B.

ADDITIONAL ISSUES RAISED BY THE COMMITTEE.

In addition to the above matters, the committee

requested further information regarding:

33

HONORABLE CITY COUNCIL

October 27, 1992
Page 3
1.

What is the criteria used by the Police Department

in determining whether a vehicle is abandoned or
inoperative?

According to the Police Department, in determining

whether a vehicle is inoperative, an officer or civilian
employee of the Police Department authorized to abate
inoperative vehicles relies upon criteria established in the
Vehicle Code to determine whether a vehicle is abandoned, as
follows:
"Abandoned Vehicles.
(d) Motor vehicles which are
parked, resting, or otherwise immobilized on any
highway or pUblic right-of-way and which lack an
engine, transmission, wheels, tires, doors,
windshield, or any other part or equipment
necessary to operate safely on the highways of
this state, are hereby declared a hazard to pUblic
health, safety, and welfare and may be removed
immediately upon discovery by a peace officer or
other designated employee of the state, county, or
city." (Vehicle Code section 22669(d).)

While this provision applies to abandoned vehicles on

highways and public areas, the standard is utilized by the Police
Department in determining the operability of vehicles in all
vehicle abatement actions, whether on public or private property.
2.

Who is empowered to enforce the OTC/OMC Blight

Ordinance provisions?

The Police Department is the enforcement body

responsible for enforcing the OTC. In addition to uniformed
police personnel, the Police Department's vehicle abatement"
detail has six civilian personnel assigned to the task of
abating inoperable vehicles.
The OMC Property Blight Ordinance currently requires
that all inoperable vehicles in violation of the ordinance
shall be abated by the City Housing Division Official, in
accordance with the procedures set forth in Chapter 3 of the
Oakland Housing Code. However, the designation of the City
Housing Official to abate inoperable vehicles when those
vehicles appear to be abandoned may be in conflict with
state law. A review of applicable Vehicle Code provisions
indicates that a city employee who is not an employee of a
city police department or sheriff's department may not
remove presumably abandoned vehicles without first providing
in writing the location and identification of the vehicle to
the California Highway Patrol:

HONORABLE CITY COUNCIL

October 27, 1992
Page 4
"Abandoned Vehicles.
(c) A state, county, or city
employee, other than a peace officer or employee of a
sheriff's department or a city police department,
designated to remove vehicles pursuant to this section
may do so only after he or she has mailed or personally
delivered a written report identifying the vehicle and
its location to the office of the Department of the
California Highway Patrol located nearest to the
vehicle." (Vehicle Code section 22669(c).)
The notificat10n procedure imposed by Vehicle Code
section 22669(c) may act as a practical impediment to effective
and timely enforcement of OTC and OMC Property Blight provisions
by any persons other than police department or sheriff's
department personnel, when the vehicle at issue may be abandoned.
In light of Vehicle Code section 22669(c), and in order
to promote uniformity between the enforcement provisions
contained within the OTC and the OMC Property Blight Ordinance,
the City Attorney has included in the attached draft ordinances
language which clarifies enforcement responsibilities for the
abatement of abandoned and/or inoperable vehicles, so that,
regardless of whether the OTC or the OMC Property Blight
Ordinance forms the basis for abatement of abandoned and/or
inoperable vehicles, the Police Department would be the agency
responsible for removing such vehicles from both private and
pUblic property.
Respectfully submitted,

..
Attachments
Attorney assigned:
J. Patrick Tang
Ia:\jpl\opd\accomcx.rpt

APPROVED AS TO FORM AND LEGALITY

INTRODUCED BY COUNCILMEMBER

ORDINANCE No.

\"...rv ATTORNEY

C. M. S.
JPT:kj

ORDINANCE
AMENDING
THE
PROPERTY
BLIGHT
ORDINANCE PROVISIONS OF THE OAKLAND MUNICIPAL
CODE TO DELETE PROVISIONS ALLOWING PARKING AND
STORAGE OF INOPERATIVE VESICLES IN SIDE AND
REAR YARDS IN EXCESS OF 72 SOORS

WHEREAS, the Property Blight Ordinance contained in the

Oakland Municipal Code Chapter 15, Article 1, section 151.02(6) (c), currently permits the parking, keeping and storing of
. wrecked, dismantled or disassembled vehicles, or parts thereof,
in side or rear yards of private property if done in accordance
with specified square footage and set back conditions; and
WHEREAS, the parking and storage of said inoperative
vehicles in the yards of private residences has resulted in
property blight which threatens the health, safety, and general
welfare of the citizens of Oakland and creates a public nuisance;
. and
WHEREAS, prohibiting and abating the parking, keeping
and storing of these inoperative vehicles in the side or rear
yards of private property will promote the health, safety, and
general welfare of the citizens of Oakland; and
WHEREAS, the accumUlation of abandoned, wrecked,
dismantled or inoperative vehicles on pUblic or private property
tends to reduce the value of surrounding property, invites
plundering and creates fire hazards, obstructs access to property
in the event of emergencies, and constitutes an attractive
nuisance and thus poses a threat to the health and safety of
children; and
WHEREAS, in the interest of uniformity as regards the
enforcement of City of Oakland codes and ordinances, the Property
Blight Ordinance provisions of the Oakland Municipal Code should
be amended to reflect vehicle abatement procedures set forth in
the Oakland Traffic Code, section 301 et seq.; and
WHEREAS, the state mandated procedures for abatement of
illegally stored, kept or parked inoperative vehicles is set
forth in the Oakland Traffic Code, Article XXII; and

llOO-245-00$ (1183)

33
FEB 09 J993

WHEREAS, the requirements of the California

Environmental Quality Act ("CEQA") of 1970 and the provisions of
the statement of Objectives, Criteria and Procedure for
Implementation of CEQA, have been satisfied and the City Review
Officer has determined that this Ordinance is categorically
exempt from CEQA; now,
THEREFORE, THE COUNCIL OF THE CITY OF OAKLAND DOES
ORDAIN AS FOLLOWS:
section 1. The Property Blight Ordinance of the Oakland
Municipal Code, Chapter 15, is amended as follows:
A.
Section 15-1.02(6) (c) is amended to delete subsections
(1), (2), and (3), said exceptions allowing storage of inoperable
vehicles in side and rear yards.
B.

Section 15-1.05, shall be amended as follows:

"SEC. 15-1.05 ENFORCEMENT RESPONSIBILITY-DELEGATION OF AUTHORITY.
The City Manager of the
City of Oakland delegates to the Housing Division
Official of the City the responsibility for the
enforcement of this Chapter. All City employees
designated by the Housing Division Official are
authorized to make such inspections and to take
any actions on behalf of the Housing Division
Official as may be required to enforce the
provisions of this Chapter. only employees of the
Police Department shall be responsible for
enforcement and abatement, under the Traffic Code,
of blight caused by abandoned, wrecked, dismantled
or inoperative vehicles. Police Department
employees are authorized to make such inspections
and to take any actions as may be required to
enforce the provisions of this Chapter related to
blight caused by abandoned, wrecked, dismantled or
inoperative vehicles."

C.

Section 15-2.01, shall be amended as follows:

"SEC. 15-2.01

ABATEMENT -- IMMINENT DANGER

(1)
Any condition of property blight which is
reasonably believed to be imminently dangerous to the
life, limb, health or safety of the occupants of the
property or to the public may be abated by the Housing
Division Official of the Office of Community
Development or a designee in accordance with the
procedures of Chapter 3 of the Oakland Housing Code;
provided, however, that the Chief of Police of the
Oakland Police Department or his/her designee shall be
responsible for abatement of such imminently dangerous
conditions involving abandoned, wrecked, dismantled or

inoperative vehicles in accordance with the procedures

of the Oakland Traffic Code."
Section 2.
The City Council makes the following findings in
support of adoption of this Ordinance:
A.
This Ordinance is necessary to protect the public
health, safety and welfare; and,
B.
The City Council finds and determines that this
Ordinance complies with the California Environmental Quality Act
and all local CEQA implementing regulations. The City's Review
Officer is directed to file a Notice of Exemption with the
Alameda County Clerk.
Section 3.
This Ordinance shall take effect 30 days from the
date of passage.

h:\jpt\pscom\omcvehcl.ord

IN COUNCIL, OAKLAND, CALIFORNIA,

, 19

PASSED BY THE FOLLOWING VOTE:

AYES- BAYTON, DE LA FUENTE, JORDAN, MILEY, MOORE, OGAWA, SPEES, WOODs-JONE5, and PRESIDENT
HARRIS
NOESABSENTABST~NTION-

33

ATTEST:

JENtiE 00l'Y, Act.ing

City Cieri< and Cieri< of the Council

of the City of Oakland, California

.'>1.1.- 7

.. FEB 09 1993.

APPROVED AS TO FORM AND LEGALITY

INTRODUCED BY COUNCILMEMBER

_
CITY ATTORNE."(

ORDINANCE No.

C. M. S.
JPT: kj

ORDINANCE AMENDING THE OAKLAND TRAFFIC CODE,

ARTICLE XXII, TO INCLtJDE "HIGHWAYS" WITHIN ITS
COVERAGE, TO SPECIFY THE PERSONNEL WHO ARE
AUTHORIZED TO ABATE INOPERATIVE VEHICLES, AND
TO ALLOW FOR THE PROPER STORAGE OF HISTORIC
MOTOR VEHICLES.

WHEREAS, the California Vehicle Code is the enabling

legislation authorizing the City of Oakland to enact legislation
establishing procedures for abatement of abandoned, wrecked,
dismantled or inoperative vehicles; and
WHEREAS, prior to 1988, the California Vehicle Code
specifically precluded local cities from removing inoperative
vehicles from "highways"; and
WHEREAS, the Oakland Traffic Code section 301 et seq.,
article XXII, was enacted in accordance with California Vehicle
Code sections 22660-22661; and
WHEREAS, oakland Traffic Code section 301 et seq.
specifically excluded "highways" from its coverage as required by
the previous version of California Vehicle Code sections 2266022661; and
WHEREAS, the California Vehicle Code was amended in 1988
to delete the "highways" exclusion; and
WHEREAS, the City Council now desires to amend the
Oakland Traffic Code to comply with the amended California Vehicle
Code and specifically authorizes the Oakland Police Department to
remove inoperative vehicles from "highways"; and
WHEREAS, the City Council desires to amend the Oakland
Traffic Code to specify those persons who may authorize abatement
of inoperative vehicles and those persons who may be authorized to
conduct the abatement of inoperative vehicles; and
WHEREAS, the City Council considers that the collection
and preservation of historic motor vehicles should not be
discouraged; and

WHEREAS, the requirements of the California Environmental

Quality Act ("CEQA") of 1970 and the provisions of the Statement of
Objectives, Criteria and Procedure for Implementation of CEQA, hav

lIOO-24!>-OOS (7;831

been satisfied and the city Review Officer has determined that this
Ordinance is categorically exempt from CEQA; now,
THEREFORE, THE COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN
AS FOLLOWS:
SECTION 1.
The Oakland Traffic Code,
amended as follows:

section 301 et seq.,

is

A.
Section 301 of the Oakland Traffic Code shall be amended
by deleting the words "not including highways", and shall read as
follows:
"SEC. 301
F-INDINGS AND DECLARATIONS.
In
addition to and in accordance with the
determination made and the authority granted
by the State of California under Sec. 22660 of
the Vehicle Code to remove abandoned, wrecked,
dismantled, or inoperative vehicles or parts
thereof as pUblic nuisances, the Council
hereby makes the following
findings and
declarations:
The accumulation and storage of abandoned,
wrecked, dismantled, or inoperative vehicles
or parts thereof on private or pUblic property
is hereby found to create a condition tending
to reduce the value of private property, to
promote blight and deterioration, to invite
plundering,
to
create
fire
hazards,
to
constitute an attractive nuisance creating a
hazard to the health and safety of minors, to
create a harborage for rodents and insects and
to be injurious to the health, safety and
general welfare. Therefore the presence of an
abandoned, wrecked, dismantled or inoperative
vehicle or part thereof, on private or pUblic
property, except as expressly hereinafter
permitted, is hereby declared to constitute a
public nuisance which may be abated as such in
accordance
with
the
provisions
of
this
chapter."
B.
Section
amended to read:

302 (c)

n (c) The
term
"highway."

of the Oakland Traffic Code shall

"public

property"

be

includes

C.
Section 309 of the Oakland Traffic Code shall be amended
to authorize the Chief of Police as the person to designate who
will carry out the abatement of inoperative vehicles and to specify
the categories of persons who may be so authorized, as follows:

"SECTION 309. AUTHORITY TO ABATE AND REMOVE.

Upon
discovering
the
existence
of
an
abandoned, wrecked, dismantled, or inoperative
vehicle, or parts thereof, on private property
or pUblic property within the city, the Police
Department shall have the authority to cause
the
abatement
and
removal
thereof
in
accordance with the procedure prescribed
herein. These persons may include, but shall
not be limited to, Police Officers, Traffic
Control
Officers,
and
Police
Service
Technicians."
D.
section 31S of the Oakland Traffic Code shall be amended
to delete the words "not including highways", and shall read as
follows:
"SEC. 31S
MISDEMEANOR TO ABANDON OR KEEP
VEHICLES OF TYPE REGULATED BY THIS ARTICLE.
It shall be unlawful and a misdemeanor for any
person to abandon, park, store, or leave or
permit the abandonment, parking, storing or
leaving of any licensed or unlicensed vehicle
or part thereof which is in an abandoned,
wrecked, dismantled or inoperative condition
upon any private property or pUblic property
within the City for a period in excess of
seventy-two (72) hours unless such vehicle or
part thereof is completely enclosed within a
building in a lawful manner where it is not
plainly visible from the street or other
pUblic or private property unless such vehicle
is stored or parked in a lawful manner on
private property in connection with the
business of a licensed dismantler, licensed
vehicle dealer or a licensed junk yard."

..

E.
The Oakland Traffic Code shall be amended by adding
section 318(a) as follows:
"SECTION 31S(a).

HISTORIC MOTOR VEHICLE EXEMPTION.

Vehicles of Historic Value as defined in the

California Vehicle Code Section 5004 and Parts
Cars as defined in California Vehicle Code
section 5051 shall
be exempt
from the
provisions of the Oakland Traffic Code,
article XXII, provided that any such historic
motor vehicle or parts car is maintained on
private property, maintained in such a manner
as not to constitute a health hazard, and is
located
away
from
pUblic
view,
oder
by
appropriate means is completely screened from
ordinary pUblic view."

33
FEB 161993

section 2.
The City Council makes the following findings in
support of adoption of this Ordinance:
A.
This Ordinance is necessary to protect the pUblic health,
safety and welfare; and,
B.
The city Council finds and determines that this Ordinance
complies with the California Environmental Quality Act and all
local CEQA implementing regulations. The City's Review Officer is
directed to file a Notice of Exemption with the Alameda county
Clerk.
Section 3.
This Ordinance shall take effect 30 days after final
approval by the City Council.

h:\jpt\PScom\otcvehcl.ord

IN COUNCIL, OAKLAND, CALIFORNIA,

, 19

PASSED BY THE FOLLOWING VOTE:

AYES- BAYTON, DE LA FUENTE, JORDAN, MILEY, MOORE, OGAWA, SPEES, WOOD5-JONE5, and PRESIDENT
HARRIS
NOESABSENTABSTENTIONATTEST:

JFANNE 0C1lY

Act.:ina

City Cieri( and CIJri( of the Council

of the City of Oakland, Califomia

4~1
FEB 091993