§ 9.08.270. Right to photograph, audio record and/or videotape police/peace officers.

A.

The fact that a person takes a photograph or makes an audio or video recording of a police officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation.

B.

Further, the fact that a person takes a photograph or makes an audio or video recording of a police officer or peace officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, reasonable suspicion to detain the person or probable cause to arrest the person.

C.

This section shall not be subject to the general penalties proscribed in Oakland Municipal Code Chapter 1.28, nor any other penalty provision of the Oakland Municipal Code.

(Ord. No. 13327, § 2, 9-30-2015)