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Indybay Feature

City of Oakland Notice and Demand to Occupy Oakland to Cease Violations, Fri, Oct 21, 4 pm

by Dave Id
After allowing the occupation of Oscar Grant Plaza for twelve days, the City of Oakland now threatens occupiers with arrest. Presumably city council member Desley Brooks will have to remove her tent as well or risk seizure by the city. Here's the notice:
occupyoakland_arrestwarning_oak031873.pdf_600_.jpg
ATTENTION TO
PERSONS STAYING OVERNIGHT IN FRANK OGAWA PLAZA

Date: October 21, 2011

NOTICE OF VIOLATIONS
AND
DEMAND TO CEASE VIOLATIONS

THIS NOTICE SUPERSEDES ALL PREVIOUS NOTICES

The City of Oakland and its police department support and protect the right of all individuals to engage in
free speech and their right to assemble. However, this encampment is a violation of the law.

You do not have permission to lodge overnight in Frank Ogawa Plaza. You must remove all tents,
sleeping bags, tarps, cooking facilities and equipment and any other lodging material from the Plaza
immediately. Your continued use of the Plaza for overnight lodging will subject you to arrest.

Your activities are injurious to health, obstruct the free use of property, interfering with the comfortable
enjoyment of the Plaza, and unlawfully obstruct the free passage or use of a public park or square.
(California Penal Code sections 370 and 647(e) and Civil Code section 3479.) You must allow all
persons, including Oakland Police officers and other emergency personnel, access to all areas of the Plaza
at all times.

You are making fires in a public park in violation of OMC 12.64.160. You must remove all barbecues
and stoves.

YOUR CONTINUED VIOLATION OF THESE LAWS WILL SUBJECT YOU TO
ADMINISTRATIVE PENALTIES, CIVIL PENALTIES, CITATION, AND IMMEDIATE ARREST.

YOUR CONTINUED VIOLATION OF THE LAW WILL SUBJECT YOUR TENTS, STOVES,
SLEEPING BAGS, TARPS, AND ANY OTHER BELONGINGS LEFT IN THE PLAZA TO
IMMEDIATE REMOVAL FROM THE PLAZA BY THE CITY OF OAKLAND.


###



For more information:
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Comments (Hide Comments)
Today's GA has begun. Discussing march tomorrow.
by We gotta take care of ourselves
Those two earthquakes yesterday only drove home the point
by G
Section Three Hundred and Seventy. Anything which is
injurious to health, or is indecent, or offensive to the senses, or
an obstruction to the free use of property, so as to interfere with
the comfortable enjoyment of life or property by an entire community
or neighborhood, or by any considerable number of persons, or
unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or
basin, or any public park, square, street, or highway, is a public
nuisance.

http://law.onecle.com/california/penal/370.html



(e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.

http://law.onecle.com/california/penal/647.html



3479. Anything which is injurious to health, including, but not
limited to, the illegal sale of controlled substances, or is indecent
or offensive to the senses, or an obstruction to the free use of
property, so as to interfere with the comfortable enjoyment of life
or property, or unlawfully obstructs the free passage or use, in the
customary manner, of any navigable lake, or river, bay, stream,
canal, or basin, or any public park, square, street, or highway, is a
nuisance.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=03001-04000&file=3479-3486



12.64.160 - Fires.

No person shall be permitted to make or kindle a fire of any kind within any public park in the city except at designated barbecue areas approved by the Parks and Recreation Advisory Commission.

http://library.municode.com/HTML/16308/level3/TIT12STSIPUPL_CH12.64PAREARUSRE_ARTIGE.html#TIT12STSIPUPL_CH12.64PAREARUSRE_ARTIGE_12.64.160FI
by Puzzled
Last Saturday 10/15 Moveon and the Wellstone Democratic Club organized a march that was supposed to be in Soldarity with Occupy Oakland . They were very upset when the Occupy Oakland General Assembly decided that any Democratic party elected officials wouldn't be given special treatment , if they wanted to speak at the camp they had to line up like everybody else and given the same 3 minute Max time limit . Moveon and the WDC refused those conditions saying it was 'disrespectful 'to such progressive officials who after all are '' 100% with us '' !
OK so where are these friends now ? Mayor Quan 's adm. has given this order to vacate . Any night hundreds of cops may descend and arrest and injure many people .
With ''friends ''like these !
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