Oakland Municipal Code Ch. 1.06 Publication and Advertising

This Chapter establishes the requirements for an official newspaper and procedures for City Council to designate one (1) or more official newspapers for the purpose of publishing public notices. This Chapter also requires the creation of a City website or webpage on which any notice that is required by law to be published in an official newspaper shall be posted. This Chapter is not intended to and shall not require the City to publish any notice in an official newspaper when publication in an official newspaper is not otherwise required by separate federal, state or local law.

(Ord. No. 13685, § 2, 4-19-2022)

The following words and phrases when used in this Chapter shall have the following meaning:

A. Print Publication. Any written work that is regularly distributed or made available to the public in printed hardcopy format within the City of Oakland.

B. Publication. Any written work in any medium or form at, including print publications, digital newspapers, digital media platforms, websites, or other online publications that is regularly distributed or made available to the public within the City of Oakland.

C. Official Newspaper. Any publication designated as an official newspaper by City Council resolution.

D. Readership. The verified average number of Oakland residents that are digital subscribers or have a subscription (paid or unpaid) to a publication plus the number of average weekly sales of the publication within the City of Oakland.

(Ord. No. 13685, § 2, 4-19-2022)

The City Council shall select official newspapers based on the following requirements and criteria:

A. An official newspaper must have a weekly readership of at least five thousand (5,000);

B. At least one (1) of the official newspapers must be available in both digital format and as a print publication;

C. All official newspapers must possess a valid City of Oakland business., license.

(Ord. No. 13685, § 2, 4-19-2022)

The City Council shall designate, by resolution one (1) or more official newspapers. Any publication that is designated by council resolution as an official newspaper shall remain an official newspaper unless City Council amends the resolution to remove the publication from the list of official newspapers. The City Council may direct the City Administrator to solicit applications from qualified media outlets and make official newspaper recommendations to the City Council. Nothing in this Section shall prevent or prohibit the City Council from designating additional official newspapers by resolution at any time.

(Ord. No. 13685, § 2, 4-19-2022)

The City, of Oakland shall establish a website, or a webpage on the City's official website, for the purpose of posting public notices, which is accessible to the public at no cost. Any notice that is posted in an official newspaper shall also be posted by the City Administrator (or designee) on the City's website or webpage established pursuant to this Section.

(Ord. No. 13685, § 2, 4-19-2022)

In the event of conflict between the official newspaper or public notice requirements established by this Chapter and any official newspaper or public notice requirements established by State law that is applicable to Charter Cities, State law shall govern unless State law is less restrictive if the State law requirements are less restrictive the more restrictive requirements of this Chapter shall apply when publication in an official newspaper is required.

(Ord. No. 13685, § 2, 4-19-2022)

If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Chapter and each section, subsection, clause or phrase thereof irrespective of the fact that one (1) or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.

(Ord. No. 13685, § 2, 4-19-2022)