Oakland, CA Invasive Plant Rules: Prohibited Species (2026)
Key Facts
- Governing section
- OMC § 8.18.060 Noxious weeds
- Named species
- Scotch, Canada & Russian thistle; Mexican cocklebur
- Prohibited acts
- Letting seed mature, selling, or transporting it
- Penalty class
- Infraction under § 1.28.020(A)(2)(a)
- First-offense fine
- Up to $100
Summary
Oakland Municipal Code § 8.18.060 makes it an infraction to let Scotch or Canada thistle, Russian thistle, Mexican cocklebur, or 'any noxious weed' go to seed on land you own or control, or to sell, transport, or otherwise disseminate the seed of those plants within the city.
Every person who shall permit to mature on any land owned, possessed, managed or controlled by him or her, or who shall knowingly sow, or disseminate or cause or permit to be sown or disseminated, or shall sell or in any manner dispose of or cause to permit to be sold or disposed of, or shall transport or convey or cause to permit to be transported or conveyed into the city, any seed of the Scotch or Canada Thistle, the Russian Thistle, the Mexican Cocklebur, or any noxious weed, whether such sowing, selling, transporting or conveying be alone or in hay, grass, grain or in any manner whatsoever, is guilty of an infraction.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102 | Planning Code: Supplement 59).
Full Breakdown
Section 8.18.060, 'Noxious weeds,' inside Chapter 8.18 (Public Nuisances), targets four things: letting the listed species mature and go to seed on land you own, possess, manage, or control; knowingly sowing or disseminating the seed; selling or disposing of the seed; and transporting or conveying the seed into the city. The named species are the Scotch Thistle, the Canada Thistle, the Russian Thistle, and the Mexican Cocklebur, plus a catch-all for 'any noxious weed.' The prohibition applies whether the seed moves 'alone or in hay, grass, grain or in any manner whatsoever', meaning contaminated hay, feed, or landscaping material brought into Oakland can trigger a violation even without a deliberate planting.
Anyone who violates the section 'is guilty of an infraction.' Because Chapter 8.18 sits in the infraction list at § 1.28.020(A)(2)(a), enforcement follows the citywide infraction fine ladder rather than a straight misdemeanor. The section traces to the city's 1965 prior code (§ 3-1.07) and predates the current invasive-species vocabulary, so it reads as an agricultural nuisance law rather than a modern ecological ordinance, but it remains the only codified prohibited-plant-species rule in the current Municipal Code text, distinct from the general overgrowth/blight standard in Chapter 8.24.
Violations & Fines
A first conviction is fined up to $100, a second within a year up to $200, a third up to $500, all under § 1.28.020(B). A fourth conviction within that year can be prosecuted as a misdemeanor carrying up to a $1,000 fine or six months in county jail, since Chapter 8.18 (Public Nuisances) is on the infraction list in § 1.28.020(A)(2)(a).
Frequently Asked Questions
What plants does Oakland's noxious weed law cover?
Can I be cited for weed seed in hay or feed I bring into Oakland?
Is this the same as Oakland's general weed/overgrowth rule?
Sources & Official References
Other rules in Oakland
California rules heatmap·Compare Oakland to another location·View the California invasive plant rules overview
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Prohibited Species in Nearby Cities
How other cities in Alameda County handle prohibited species.