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Oakland, CA Invasive Plant Rules: Prohibited Species (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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

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 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. 020(A)(2)(a), enforcement follows the citywide infraction fine ladder rather than a straight misdemeanor. 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?
Section 8.18.060 names the Scotch Thistle, the Canada Thistle, the Russian Thistle, and the Mexican Cocklebur specifically, then adds a catch-all for 'any noxious weed.' It's an infraction to let any of these mature and go to seed on land you own or control, or to sell, transport, or otherwise move their seed into the city.
Can I be cited for weed seed in hay or feed I bring into Oakland?
Yes. The ordinance covers seed moved 'alone or in hay, grass, grain or in any manner whatsoever,' so contaminated feed, mulch, or landscaping material can trigger a violation even if you never intentionally planted the weed.
Is this the same as Oakland's general weed/overgrowth rule?
No. Section 8.18.060 is a narrow, species-specific seed-dispersal ban tied to four named plants, while the broader duty to keep a property clear of overgrown weeds and vegetation generally comes from the Property Blight chapter, § 8.24.020(D)(1), a separate provision with its own enforcement path.

Sources & Official References

Other rules in Oakland

All Oakland rules

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