§ 8.04.011. Enclosing off street parking when businesses are closed.

It is unlawful for any person to establish, operate or maintain, or cause to be established, operated or maintained, any off street private or public parking lot or parking facility having more than ten allotted parking spaces, in the areas identified in subparagraph G below, unless the same shall conform to the following:

A.

Each opening to the lot used for the ingress or egress of motor vehicles shall be secured by a chain or other approved barricade and a substantial padlock or other approved locking device within one hour after the close of business and shall remain secured until one hour prior to the opening of business;

B.

Any chain so installed shall be of standard metal links. The metal shall be not less than three-sixteenths inch in diameter. The chain shall run through, or be securely attached to, substantial posts of metal, concrete or wood, embedded in the ground with concrete and placed at such intervals from one another as to adequately support the chain. The height of the chain shall be not less than eighteen (18) inches nor more than thirty-six (36) inches above the ground level;

C.

If an alternate type of barricade is installed, it shall be situated in such a manner as to prevent the ingress and egress of vehicles. Such barriers include, but are not limited to, "hole and post" constructions, metal gates, and swinging metal bars;

D.

The perimeter of the off street private or public parking area shall also be secured in such a fashion as to prohibit vehicles from gaining access to the property. However, pedestrian access points meeting Americans with Disabilities Act (ADA) criteria shall be located at convenient access points;

E.

A parking lot owner may extend the lot's operating hours to permit use by a nearby business (subletting business) when said business has entered into a valid, written contract for use of the lot after the owner's closing hours. Such contracts shall include language requiring the authorized subletting business to secure the parking lot within one hour after the close of the subletting business. All such contracts shall be filed with the Traffic Operations Section of the Oakland Police Department (455—7th Street, 1st floor, Oakland, CA 94607-3985). Owners of such parking lots shall post and maintain clearly visible and legible signs stating the name(s) of the businesses authorized to use the lot after the owner's business hours;

F.

Any violation of this section shall be enforced by the citation method provided in Section 8.04.160 of this code;

G.

This section shall apply in the following areas: In eastern Oakland the area located between the City of San Leandro border and Fruitvale Avenue; north up to and including MacArthur Boulevard; and south to the estuary. All areas below (south of) Interstate 880 for the length of the City of Oakland and those portions of the western section of the City bounded by San Francisco Bay and the estuary to the west, the City of Emeryville and West MacArthur Boulevard to the north, and Harrison Street, transitioning to and including Lakeside Drive, and finally transitioning to Peralta Creek as the eastern boundary, and Interstate 880 as the southern boundary.

(Ord. 12390 § 1, 2001)