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SAFETY AND SECURITY

CALLING FOR HELP

    FOR EMERGENCIES: 
        From a cellphone in Oakland:  777-3211
        From a land line:  911

    FOR NON EMERGENCY CALLS
         OPD non emergency:  777-3333
 

QUICK LINKS

Calling for Help
Reporting a Crime or Incident
Working with OPD
Mail/Identity Theft
Free Home Security Inspection
Blight, Dumping, Construction /Contractor Problems
Safety Tips from OPD
Classic Cons and How to Avoid Them
Interactive Crime Map of the City of Oakland

Door to Door Solicitors and Oakland Laws

Recent Crimes in Beat 13Y

Aggressive Animals          Dog Bites/Rabies

 

 

 

REPORTING A CRIME OR INCIDENT

  

REPORT A CRIME USING THE CITY'S CRIME REPORT FORM (MAILED OR FAXED)
          CLICK HERE
 

    REPORT A CRIME USING OPD'S ONLINE REPORTING SYSTEM
          CLICK HERE

 

WORKING WITH THE OAKLAND POLICE DEPARTMENT

 

The NHNC Steering Committee maintains very close contact with officers and staff of the OPD.  If you are aware of a chronic problem related to crime or illegal behavior that you would like the North Hills NCPC to make a priority with OPD, please contact the steering committee.  Please send an email to info@northhillsneighborhoodcouncil.org describing the problem.

 

You may also contact our Problem Solving Officer (PSO), Officer John Haney.  Officer Haney is assigned specifically to Beat 13Y and can be reached as follows:

jhaney@oaklandnet.com   238-3154

 

The city's Neighborhood Services Coordinator, Claudia Albano can also be contacted if you see patterns of illegal activity or have other concerns that city resources might help solve.  calbano@oaklandnet.com 

 

Members of the public also have a legal right to file complaints, and the Oakland Police Department is required to accept any complaint you wish to file. 

 

To report a complaint about OPD to the proper authorities, obtain the Citizen Complaint Form------> CLICK HERE

 

If you want to learn how you can help protect yourself again crime,  CLICK HERE.

 

FREE HOME SECURITY INSPECTION

 

The City of Oakland's Neighborhood Services Division will send a home security specialist to your home to inspect it for security.  To arrange this inspection, call:  238-3091

 

BLIGHT, DUMPING, CONSTRUCTION SITE/CONTRACTOR PROBLEMS

 

The City of Oakland's 'crime and grime' efforts have put a priority on responding to complaints and tips about illegal dumping, blight, abandoned construction sites or contractors operating unsafely or illegally.  Here are the numbers to call:

 

For construction site blight (trash or debris at a private property construction site), illegal parking at the job site, abandoned construction sites and/or other related complaints:   238-3381

 

Here is the most efficient way to get the city to act:

 

1.  Call the number above early in the morning.  Be sure you speak to a real person.

2.  Make your complaint and ask for a case number.  This is important.

3.  Wait two or three days.  Call back (early in the morning is the best time to get a real person.)  Give them the case number and ask its status.  They will read to you from their computer log what has happened.

4.  Ask for the name and phone number of the inspector who has been assigned to the case.

5.  Call this inspector between 8-9:30 in the morning and inquire about the issue.

6.  If you feel the issue is not being resolved, as the inspector the name of his/her supervisor.  Call the supervisor.

7.  If you still feel you are getting no action, summarize all your conversations and contacts with city staff and send a letter to the city's Building Official:

 

Ray Derania, Building Official

City of Oakland

250 Frank Ogawa Plaza

Oakland CA 94612

 

Follow up with the Building Official's office a few days after sending the letter.

 

If you still get no action, then contact Councilmember Jane Brunner's office 238-7001.  Be prepared to detail your actions to date.

 

View the City of Oakland's blight ordinance:  CLICK HERE

 

For illegal dumping or trash on public property: Litter Enforcement  434-5101

 

View the city's Keep Oakland Beautiful web page:  CLICK HERE

 

SAFETY TIPS FROM THE OAKLAND POLICE DEPARTMENT!

Always conceal what you have that could be stolen, such as money or a cell phone. Cell phones are just like cash—when thieves see a cell phone they want it. To be safe, treat your cell phone like your cash: don't let anyone know you have it.

Call the OPD non-emergency number, 777-3333, to report suspicious persons. The police want to hear from you, and you could prevent a crime! Provide as much information as possible, including the time you noticed the person, the clothing worn, the shoes worn, and the manner in which the person walked.

 

BART Stations

The Street

Your Car

At Home

The An ATM

Mail/Identity Theft
 

Mail/indentity theft is a serious and growing problem throughout the Bay Area, and is expected to get worse. Only Phoenix leads the Bay Area in the nation’s mail theft cases.. Many residents don’t report mail theft to the USPS for such reasons as:

Stolen mail is often a thief’s first step into an even worse crime: identity theft, which is the fastest growing crime in the US today, one that takes its victims hundreds of ugly hours researching damages, resolving billing disputes and restoring credit ratings.

Here's some common questions (and answers) regarding reporting of mail theft:

 

How would I know if I’d had mail stolen?

Is every complaint to the USPS followed up by the Postal Inspectors?
No. There are not enough Postal Inspectors to follow each and every complaint. However, the USPS enters every complaint into a database, and active investigations could be triggered by any part of the information you provide.

The inspectors are looking for information patterns used to catch the major criminals, or to find gangs of mail and identity thieves. They have been quite successful in the past in stopping the majority of mail theft and identity theft that has been reported in our area.

After reporting a theft to the USPS, is there any way to get feedback about the immediate pursuit or the eventual outcome?
Not at this time, but you can watch newspapers and communications from Jean Quan's office and the MSIC for general feedback. The MSIC Mail Theft Team is working to establish direct feedback on a mail claim. Details of our progress are posted at this Web site as well.

How does the Oakland Police Department (OPD) respond to 911 reports of mail theft?
They will respond to a 911 call of a mail theft in progress. Provide as much information as you can: name of the suspect, license plate of any vehicle involved, address of crime , and have personally watched the suspect steal mail, they will take a report and possibly pursue the case. If you have less than the above, they will forward the case to the USPS. This includes ongoing fraud or ongoing identity theft.

Is every complaint to the OPD followed up?
No, but every complaint is entered into the database, and active pursuit of a case could be triggered by the dollar amount at stake, indication of a trend, connection with another case, or evidence that a ring is at work.

Are all OPD cases turned over to the USPS?
They should be, but they aren’t always, and therefore OPD numbers aren’t always in agreement with USPS.

What role is the NHNC playing in making reporting a theft easier and more effective?
We are:

What kind of data does the USPS provide on reported cases of mail theft?
The USPS provides some data on reported cases of mail theft, but they are not representative of the actual amount of mail theft going on in our area.

 

How a Mail Thief Operates

 

Who are the thieves?
A mail thief is someone who sees easy money in stealing mail. There are organized groups that descend upon neighborhoods such as Montclair, sometimes from great distances such as Phoenix, San Diego, Los Angeles or Sacramento, knowing the money in Montclair will make it worth the trip, that the distance will make them harder to track, and that until now there has been no organized mail theft prevention effort in Montclair.

Not all thieves are from afar: a current case awaiting sentencing involves a Hills neighbor preying on mailboxes within a short distance of his home.

What are thieves looking for?
Mail thieves sift through incoming and outgoing mail, looking for:

It is common practice in identity theft cases for thieves to submit false changes of address orders to the Postal Service. They will also call the victim's known financial institutions to redirect mail for fraud purposes.

What do mail thieves do with stolen information?
Mail thieves can chemically alter checks, create databases with information about you and your family, use your credit cards to purchase goods, and apply for credit in your good name.

Most mail thieves are intelligent: they understand mail, computers, how to gather information, how to assemble and relate information into a searchable database, and of course, how to use it for personal gain. One local mail thief gathered hundreds of thousands of dollars in a few months, bought computers, and kept a database on each resident he robbed, which accounts he utilized, and which were still to be hit.

 

Consider Other Devices to Protect Your Mail

 

Is there a device that would alert me when my mailbox has been opened?
There are at least two devices.  One is called Mail Guard and is sold by Radio Shack. It appears to be a discontinued item, but is still available in some stores. It uses a light-sensitive emitter attached to the inside of your mailbox door which sends a wireless signal to a receiver you have plugged into an electrical outlet in your home. It has a range of around 150 feet. The other device is called Mail Alert, and is similar to the Mail Guard but has a range of 300 - 600 feet, depending on what model you purchase. It's available from a number of E-tailers, one being http://www.outdoordecor.com/cgi-local/SoftCart.exe/online-store/scstore/c-Remotes.html?E+scstore+Google-RemoteSensors-G2.

Why should I invest in a paper shredder?
Any mail that contains personal information about you, especially credit card, Social Security, or bank numbers, can be used by a thief to use your identity for criminal purposes. Before tossing paper with this information, either in the trash or in paper recycling bins, put it through a paper shredder. ALWAYS use a cross-cutting shredder; thieves can (and will) piece back together material shredded with a parallel blade shredder. Cross-cut (or confetti) shredders are available at office supply outlets, Costco, etc

 

About the USPS and Mail Theft

 

What do USPS Postal Inspectors do?
They are the focal point for all investigations into mail theft and associated identity theft, fraud associated with mail theft, and all other associated crimes. They investigate the crimes, and aid in the prosecution of all mail thieves.

Are USPS Postal Inspectors actively working on mail theft in our area?
Absolutely. The USPS Postal Inspectors have over 100 inspectors throughout Northern California, and six (6) inspectors assigned to an area spanned by the following counties: Alameda, Contra Costa, Solano, Lake, and Napa. There have been 153 complaints of mail theft in the Montclair hill area this year (September 2002 to September 2003), resulting in several investigations and two major prosecutions.

How are Postal Inspectors assigned and how many serve our area?
They are assigned by zip code. A portion of one inspector is assigned to our zip code..

If mail theft is such a growing crime, why isn’t a more diligent effort applied to investigation, arrest and conviction?
It’s a question of resources. Recent budget cuts affect everything from the number of investigators that can be hired, to the number of courtrooms available for trying cases. Thefts are rising while resources to battle the war are shrinking.

Should I report mail theft to my local Post Office?
No. Local post offices are not equipped or staffed to respond to mail theft or keep records on mail theft. The local post offices forward any mail theft reports to the USPS Postal Inspectors. You will get more effective results if you report mail theft directly to the USPS Postal Inspectors at their Hotline numbers.

What role does the local postal service have regarding mail theft?
Mail carriers have been instructed to call evidence of any suspicious activity to the station, and to call the police directly if they observe a theft in progress.

They have also been instructed to be sure that mail is dropped securely into locking boxes, rather than leaving it hanging out.

How do I know if my stolen mail has resulted in identity theft?
If you suspect identity theft, the USPS Postal Inspector will provide you with guidelines and a course of action. There are also lots of internet resources. One way is to use Google or Yahoo on the Web to search for "Identity Theft Victim."

What is a likely sentence for a mail theft conviction?
Sentences are incongruously light: a drug offense will keep an offender behind bars longer than mail and identity theft. The federal statute allows a 5-year sentence, but that is rarely handed down.

How can we avoid mail carriers putting mail only partially into the locked mailboxes, thereby defeating the purpose of the locked mailbox?
Carriers are trained to insert mail completely into the box. If they don't contact your local post office.

Mail carriers leave oversized mail and packages beside the mailbox. Shouldn’t they bring it to the door?
The USPS is not required to deliver to a door. The carrier is instructed to leave a notice in your mailbox indicating undelivered oversized mail, then take the undelivered mail back to the Post Office. You pick up the mail from the Post Office (do not check the re-deliver box). Some carriers may believe they’re doing the resident a favor by leaving oversized mail at the mailbox and avoiding the need for a trip to the post office. This is contrary to their training.

Does the USPS allow moving mailboxes to a location that will more easily allow monitoring for theft?
You must obtain approval to move your mailbox. Following are basic regulations about locating a mailbox:

How do I put my mail on Vacation Hold?
Mail can be placed on hold on the Internet by going to www.usps.com. Click on "Hold Mail" and you'll be taken to a secure site for entering your information. You can also pick up a "Hold Mail" card at any post office branch.

Will the USPS automatically deliver mail at the end of a Vacation Hold?
If you anticipate that the accumulated vacation mail will require an additional box from the USPS and will not fit directly into your mailbox, do not check "Have Mail Delivered." Pick it up the mail from the Post Office in person.

We’ve been told that a white look-alike postal jeep is responsible for much of our mail theft. Is this true?
The USPS auctions off postal jeeps to the public after stripping off the USPS insignia. Of course, some people buy the jeeps for legitimate uses.

The white unmarked jeeps and other vehicles are often seen leaving fliers and business cards on mailboxes. Is this legitimate or a ruse for looking innocent while stealing mail? Is it legal?
As to legality, any advertising on a mailbox or its support is prohibited. Regulations state “No part of a mail receptacle may be used to deliver any matter not bearing postage, including items or matter placed upon, supported by, attached to, hung from, or inserted into a mail receptacle. Any mailable matter not bearing postage and found as described above is subject to the same postage as would be paid if it were carried by mail."

 

Classic Cons..... And How To Counter Them

ATM Theft

How it works: Automated teller machine (ATM) crimes can take several forms. Thugs may simply approach someone using an ATM and demand money. Or, more sophisticated thieves will watch the victim use the card (perhaps even with high-powered binoculars) and learn his or her card number and personal identification number (PIN). Later they'll steal the card or make their own and go back to ATMs for cash.

Warning signs: One or more persons loitering around the ATM, often in a car, behind bushes or otherwise nearby. You spot unauthorized ATM withdrawals on your bank statement.

Best defense: Use only ATMs in well-lit, busy areas where unusual activity would be noticed. For after hours or late night use, the best choice may be an ATM in a supermarket, convenience store, gas station or other protected area. When in doubt about a particular location, go on to another ATM where you'd feel safer.

Check Fraud

How it works: Someone steals checks from your home, office or mailbox and forges your signature. Crooks don't need blank checks to pull off a check fraud. Many know how to easily remove the ink on checks, often by "washing" them with a cleaning solvent. They also will alter what's already been written, such as by changing a check payable to the I.R.S. to one payable to J.R. Smith. A counterfeiter also can make new checks in your name using a home computer and a printer.

Warning signs: You notice that checks are missing from your checkbook or your reserve supply of checks. Mail containing checks or bank account information is "lost" or appears to have been tampered with. You spot unauthorized transactions on your bank statement.

Best defense: Don't carry more checks that you need. Keep extra checks in a secure place. Write checks using a pen with thick, dark ink. Draw lines to fill in gaps in the spaces where you designate to whom a check is payable and the amount. John Brugger, a U.S. Postal Inspector in Washington, adds that consumers should "insist that their checks have built-in security features that help make them tamper-resistant to check washing or counterfeiting." Also immediately report to your bank any irregularities in your bank statements. Report mail theft or tampering to the U.S. Postal Inspection Service, which is listed in your phone book.

Credit Card Fraud

How it works: There are hundreds of ways. Here are just a few. A thief may steal your credit card. Someone may order a new credit card in your name by stealing a pre-approved application from your mail and having the card sent to a different address. An unscrupulous sales clerk can make a duplicate copy of your credit card receipt or use a special device to capture data from the magnetic stripe on your card. One way or another, the thief using phony ID can make or order a credit card, in your name, and use it to obtain merchandise or cash advances.

Warning signs: Unauthorized charges appear on your credit card statement or you get a statement for a credit card you didn't request. Your mail appears to have been tampered with. Mail containing a new credit card or a credit card statement doesn't arrive as expected.

Best defense: Promptly report to the card issuer any unusual activity on your statement. If you receive a card you never asked for, or if you don't get a card you're expecting, promptly report that to the issuer. Protect your credit cards and card numbers, and don't keep PIN numbers near the cards. Properly destroy all credit card receipts and statements when no longer needed. Limit the number of credit cards by canceling those you don't use. Cut up old cards after they expire.

Debt Relief Fraud

How it works: Several frauds and rip-offs are targeting people having debt problems. Some ads declare that a bad credit history can be "erased" or that "debt consolidation" can quickly cure credit problems. Most often, the consumer will pay exorbitant fees or interest rates for unnecessary services. Other ads tout easy ways consumers and small businesses can get low-cost loans, often even without a credit check or collateral. But in many cases the up-front fees are excessive or never lead to a loan being given. Some unscrupulous lenders also may offer to "consolidate" your loans into one loan with no credit check. These may turn out to be home equity loans that carry exorbitant interest rates, onerous payment terms, and the risk of foreclosure on the consumer's home.

Warning signs: Many legitimate lenders provide debt consolidation loans, but you should shy away from offers that promise to erase a bad credit record if you simply pay a fee and combine different debts into one new loan. Only years of steady performance in paying debts can repair a credit history. Be wary of anyone offering to erase your bad credit record by creating a new identity for you, perhaps by ordering a new Social Security number. That's illegal. Beware of anyone who asks for money up-front to "guarantee" approval of a loan. "Advance fees" should not be confused with application fees charged by many legitimate lenders, who do not "guarantee" approval of loans after receiving an application fee. Also beware of people who hold seminars to sell kits they say can be used to pay off your mortgage or other debts. The kits, which typically cost $300 to $500, contain items that look like checks but have names like "certified drafts." Purchasers are told the drafts can be issued in any amount. In reality, these items are worthless, and anyone who pays bills with them risks being prosecuted for using a fraudulent instrument.

Best defense: If you have credit problems, immediately contact your banker and other creditors. Don't wait until your accounts are turned over to a debt collector. Most of the time, creditors will work with you on a solution, especially if you've had a good record in the past. If you can't solve your debt problems on your own or with the help of lenders, there are other reliable sources of help, including state and local agencies that also offer credit-counseling services for little or no charge. One way to re-establish credit is by obtaining a "secured" credit card (you post a deposit that's usually equal to or greater than your credit limit) and make your payments on time for a year or so. Not all secured credit cards carry the same interest rates and terms, so shop around. Before agreeing to any loan, deal only with reputable lenders, read the fine print, compare interest rates and question any unusual fees.

Fraudulent CDs

How it works: You see a newspaper or Internet advertisement by an unknown bank, probably one far away, claiming to offer insured certificates of deposit (CDs) at unusually high interest rates. The ad also may say the funds will be held in accounts in "tax haven" countries where the interest will be free from U.S. taxes and protected from scrutiny by U.S. authorities. You send in your money only to learn later that the bank is bogus and the CD is not federally insured. Chances are you won't see your money again.

Warning signs: The most obvious sign is an extremely high interest rate compared to market rates for CDs advertised by reputable institutions. To fool unsuspecting investors, many successful scams also have involved so-called banks with names very similar to large, well-known U.S. banks. Some foreign entities also say they have "private" insurance for your investment, but this may just be a false claim made only to soothe the fears of potential depositors.

Best defense: As with any deposit or investment, check things out and know who you're dealing with before sending money. Crooks can counterfeit CDs as easily as checks, so if you want the security of a federally insured CD, only buy from a federally insured financial institution or a reputable broker. Some con artists call themselves banks and falsely advertise Federal Deposit Insurance Corporation (FDIC) membership to fool unsuspecting depositors. You can find out if an institution is FDIC-insured by contacting the FDIC's Division of Compliance and Consumer Affairs or doing research on the FDIC's Internet site (www.fdic.gov). Also check out the article about the new FDIC program aimed at fraudulent Internet banks. And remember that deposit brokers may sell FDIC-insured CDs, but the brokers themselves are not insured by the FDIC. If you're not familiar with the broker, contact the Securities and Exchange Commission (SEC) or your state securities regulator.

Identity Theft

How it works: By trickery or using publicly available information, someone obtains personal information about you, assumes your identity and applies for credit cards or checking accounts. The crook has become "you." He or she then can go on a spending spree.

Warning signs: You get bills, credit card statements, calls from businesses or collection agencies, or other notices for debts and purchases you know nothing about.

Best defense: Don't give credit card numbers, Social Security numbers or other personal identifying information to anyone over the phone unless you initiate the call. Legitimate banks and others who offer credit cards, such as telephone companies, never call customers asking for information such as PIN numbers. Don't include your Social Security number on your checks. Protect your mail and your trash from financial thieves. If you become aware of anyone using your identity, immediately notify the creditor, law enforcement authorities and the major credit bureaus.

Internet Fraud

How it works: Unusual or inexpensive goods and services are offered over the Internet. The consumer typically pays for something that doesn't arrive, or the goods and services are not as advertised.

Warning signs: Exaggerated claims often aren't easy to spot, but if something sounds too good to be true, it probably is a scam. Although people selling goods and services over the Internet may claim lower overhead by selling directly to the public, you should use common sense in determining whether their claims are reasonable. For instance, if a bank doing business over the Internet offers 20 percent interest on deposits, is their cost of business so much less that they can quadruple the interest rate paid by traditional banks? Most likely, it isn't.

Best defense: When banking or buying over the Internet, only give credit card or other personal information to companies you know and trust. If you don't know anything about the company, contact your local Better Business Bureau to find out if any complaints have been filed. Your Internet service provider also can provide useful advice about safely using the Web.

Investment Fraud

How it works: You get or see an offer of "guaranteed" big returns (up to 100 % or more) on investments, business opportunities and other "no-risk" deals. Many of these deals involve pyramid schemes where funds received from new investors are used to pay earlier investors, thus lending credibility to scam artists who may boast of returns paid to investors. At some point, though, the crook takes the money, flees the area, and leaves the latest investors with nothing but worthless paper. A related scam involves "prime bank" instruments. These are nonexistent investments that scam artists advertise as returning 100 to 1,000% of the investor's original investment.

Warning signs: Avoid investments that defy logic and offer unrealistic returns. Again, if it sounds too good to be true, it probably is a scam. Avoid high-pressure sales pitches. "If these supposedly high-return, no-risk investments were legitimate, nobody would have to contact you or pay to advertise them," says Gene Seitz, an FDIC fraud investigator based in Washington. "They wouldn't even have time to call you because they'd be too busy answering incoming calls."

Best defense: Deal only with reputable investment firms. Ask the SEC or your state securities regulator about the legitimacy of a broker or an investment opportunity. Check out business opportunities with places such as your state corporation licensing division and/or the Better Business Bureau.

Nigerian Scam

How it works: You receive an official-looking letter from someone claiming to be a Nigerian who, because of Nigerian government rules, needs help transferring money out of that country. Perhaps you're asked to deposit the funds into your bank account for a "reward" of 20 to 30% of the funds, which usually are in the millions of dollars. To do your part, you're simply asked to supply your bank account number and some money supposedly to cover "expenses." But the crooks behind these scams simply keep your money and use the account information to steal more money. Another variation involves a request that you act as a "front" in a real estate purchase so the true identity of the Nigerian can be kept secret. You're offered a hefty fee for your services but you'll have to provide "good faith" money and help pay certain expenses. Then the only funds exchanged go from the unsuspecting victim to the con artist.

Warning signs: Nobody is going to give you a percentage of millions of dollars simply for the privilege of using your bank account or your name to transfer money to the U S. Some people have lost their lives trying to collect their money lost in this scheme.

Best defense: If you receive a letter or fax containing promises of instant wealth, don't respond. Promptly take it to your nearest U.S. Postal Inspection Office.

The Phony Investigator

How it works: A consumer, often an elderly person, is approached by someone claiming to be a bank examiner, bank security officer, police officer, Internal Revenue Service (IRS) auditor or some other "agent" involved in an "official" review or investigation. For example, the consumer may be asked to withdraw cash from his or her bank account, or to let the investigator review personal account records, supposedly to aid in an investigation of a possible fraud at the bank. The successful con artist walks away with the cash or the confidential information that can be used to raid the consumer's bank account.

Warning signs: Be wary of anyone who approaches you claiming to be a government employee investigating a bank, a bank employee, or otherwise asking for access to your cash or bank records. Government agencies do not turn to bank customers to withdraw personal funds or give account information as part of an investigation. Also, in cases such as IRS audits, you'll be notified in advance by mail.

Best defense: Decline any requests to give cash or confidential information to anyone who approaches you claiming to be a police officer or government investigator. Promptly report the matter to your bank's security officer and/or local law enforcement authorities.

Telemarketing Fraud

How it works: You get an unsolicited phone call or mailing with an offer of prizes, a vacation package, merchandise or other opportunities that are said to be "too good to miss" and "available only if you act now." You agree over the phone to give cash or bank account information up-front to take care of a supposedly minor fee or tax. Later you discover that the con artists have taken your money and you have little or nothing to show for it.

Warning signs: High-pressure sales people offer prizes, goods or services that can only be delivered upon receipt of cash, a credit card number or checking account number. While prizes are usually subject to federal income taxes, this money is only payable to the IRS when you complete your income tax returns. Taxes never are collected up-front when legitimate prizes are awarded. Be wary if the caller says merchandise is "unique" and available only at a special price if purchased now.

Best defense: Buy only from a reputable telemarketing firm. Never pay a fee to receive something "free." If you have doubts about a particular firm, contact the Better Business Bureau and/or the Federal Trade Commission to see if complaints have been registered against the firm. Also keep in mind that seemingly innocent "telephone surveys" may be used by scam artists to collect information that can be used in future telemarketing frauds.


Solicitation Permits

(courtesy of the Montclair Safety and Improvement Council)

 

Question:  What are the rules regarding permits for solicitors that come to my door, and that occasionally stand on the sidewalks in Montclair Village?
Answer:  The rules depend on whether the solicitor is a commercial or charitable organization.  The Records Division of the Oakland Police Department (OPD) handles the commercial solicitor permits, which require the applicant to go through the fingerprinting and criminal background check process.  These permits allow door-to-door solicitation.  However there is a provision in the law that prohibits solicitors from ringing or knocking at residences that have “No Peddlers” signs.  The law is Chapter 5.48 of the Oakland Municipal Code (OMC), which you can access from the City’s homepage, www.oaklandnet.com.

If the solicitation is for a charitable cause, permits are handled under OMC chapter 5.18.  A permit is also required and the organization must file proof of their charitable 501c3 status.  These permits are usually issued for specific events, but there are some organizations that request an annual permit to cover all fundraising activities.  Again, ask to see the permit, and, if they do not have one, call OPD at 777-3333 to report it. 

Anyone soliciting for money must have a copy of the permit.  Each person must be carrying their own permit with the expiration date of their solicitation listed at the bottom.  The excuse that a supervisor, or the Headquarters Office, has it is not acceptable.

Distributors of free printed matter and newspapers are not subject to the permit rule.  They may distribute their materials without permits because they do not ask for donations.  If they do, the permit requirement applies.


Question
:  Who issues the permits to solicitors, and who enforces the rules regarding carrying permits?
Answer:  The City Administrator issues the charitable ones.  If complaints are received from the public indicating abuse of the privilege, it is unlikely the permit would be renewed.  However, for the most part, OPD Officers enforce the law by asking solicitors to see permits and citing and/or shutting them down when they are not properly permitted.  The OPD Records Department issues and enforces the commercial solicitation permits.  In both cases, calls from citizens are helpful in locating people who are soliciting without permits.


Question:  Do charitable organizations such as the Girl or Boy Scouts, School Groups, etc… need permits?
Answer:   All organizations that raise money in Oakland are required to have a charitable solicitation permit.  Obviously, not all organizations know about this.  If no one complains, the City of Oakland will not know about it.  The cost of a permit is normally $20, and the duration can be as long as a year.


Question
:  What should I do if a solicitor comes to my door?  Should I answer the door? 

Answer:  If you have
posted a “No Peddlers”  or :No Solicitors" sign and solicitors still come to your door, call OPD at 777-3333 because it is illegal.  Do not be afraid to call OPD about it.  Whether you answer the door or not is a judgment call you must make.  If you do not feel safe doing so, do not answer the door.  If they are behaving in a disruptive manner, do not answer the door.  Immediately call 911 from your landline or 777-3211 from a cellular telephone.



Question:  What should I do if a solicitor appears to be doing something other than soliciting, such as behaving in a manner that is inappropriate or possibly casing the neighborhood to commit a crime?

Answer:  Do not answer the door and do not confront them.  Immediately call 911 from a landline or 777-3211 from a cellular telephone.

There are four basic situations where a permit to solicit or sell is required in the City of Oakland:

 

MORE DETAILED INFORMATION ON SOLICITATION

 

Door-to-Door/City Sidewalk Solicitations: All persons conducting business within the City of Oakland, including commercial/industrial and residential rental property owners, retailers, wholesalers, manufacturers, service companies, self-employed persons, independent contractors and businesses conducted within one's home, and non-profit organizations are required to obtain a business tax certificate and file business taxes annually. If you an individual, intend to sell or solicit door-to-door or along city streets, you must also obtain a peddlers and/or solicitors application from the City of Oakland. Complete the application and take it to the Oakland Police Department located at 455-7th St., Room 306 for processing. When Peddler/Solicitor ID card is issued, apply for a Business Tax Certificate from the City of Oakland Financial Services Agency

There is a permit number in the upper left hand corner along with a void date.

The name of the group is specified, along with exactly what they can sell and often the specific location where they are authorized to solicit.

When asked to produce a valid permit they should do so. Some solicitors have become quite belligerent when asked to see their permit. Should call non-ER police number to have solicitors removed if they cannot produce a valid permit.

Door-to-door requires that they go first to business licensing (at 250 Frank Ogawa Plaza). Business Licensing decides if a business license is needed and provides the solicitor's application, which must be taken to the records division of OPD. Fingerprinting & background check are done, and they need to provide 5 local references. The permit is good for only one year. The City also issues permits for charitable solicitations, but not if it is door to door.

 

Special Activity Permits: The Special Activity Unit of the Office of the City Administrator issues permits for special activities in the City of Oakland. Special activities include carnivals, bingo games, cabarets, charitable solicitations, electronic/mechanical games, massage establishments, massage therapists, sound amplification equipment for events not held in City parks, and certain secondhand dealers. A permit application and additional information may be obtained in person, by telephone, via facsimile or e-mail as follows:

 

Office of the City Administrator 1 Frank H. Ogawa Plaza 11th Floor Oakland, CA 94612 (510) 238-6914 (Office) (510) 238-7084 (Fax) jchan@oaklandnet.com (e-mail) bkilley@oaklandnet.com (e-mail)

 

Special Events Permits: Special event permits are issued by the Special Event Unit of the Oakland Police Department. Special events include dances, parades, concerts, or any events open to the public where 50 or more persons are in attendance. Special events include profit and non-profit events, and events that require street closures. Applications for special event permits should be filed at least 30 days in advance of such events. The Special Events Unit will review applications and assess the impact on public safety, including traffic and surrounding commercial or residential tenants. If public safety or traffic impacts are found, off-duty police officers are assigned to monitor such events and the applicant is assessed the cost of such officers. Additionally, the applicant must provide proof of liability insurance for the proposed event.

 

Special Events Unit Oakland Police Department Eastmont Precinct

Updated 3/03/2008 RPV Page 2 of 4

2651 73rd Avenue Oakland, CA 94605 (510) 777-8525 (Office) (510) 777-8979 (Fax) Sergeant Pete Espinoza pespinoza@oaklandnet.com Officer Mike Morse mmorse@oaklandnet.com

 

Events in City of Oakland Parks: Events that are held inside of City parks and facilities must also be approved by the Parks Recreation. This agency will issue a park use permit and approve the use of sound amplification equipment for any event held in a City of Oakland park. You may contact the Director at the City park where you would like to hold your event for an application and availability information. For additional information, please contact the following unit of the Parks Recreation and Cultural Arts Agency at:

 

Central Reservations Parks Recreation 1520 Lakeshore Drive Oakland, CA 94612 (510) 238-3867 (Office) (510) 238-2224 (Fax) gmcmillon@oaklandnet.com (e-mail)

If the number of expected attendees is 49 or more, an OPD Special Event Permit is required and application for that must be completed at least 30 days ahead.

- If there is to be fundraising, sales, donations, or any fees, a request to Parks and Rec must be submitted 3 months ahead.

- If approved for any such exchange of funds (as above) or if any goods, foods, or refreshments are to be sold, the event charges are increased to 200% of the normal fees.

- Inflatable Jumpers require special permits.

- A Park Use Application must be submitted 60 days ahead and it must include the OPD Special Event App cited above.

- Certification of Insurance is required.

- If the event involves food, it is likely that a temporary Food Handler's Permit from Alameda County Health Services is also required.