ORDINANCE NO. 22 - ___
An Ordinance Of The City Council Of The City Of Emeryville Repealing And Replacing Sections 1-2.01 (D), (E) And (F) Of Chapter 2 Of Title 1 (“Penalty Provisions”) For Violations Of The Emeryville Municipal Code; CEQA Determination – Not A Project Under CEQA Guidelines 15378(B)(5) WHEREAS, Chapter 2 of Title 1 of the Emeryville Municipal Code (“Penalty Provisions”) provides the applicable penalty for violations of the Emeryville Municipal Code (“EMC”); and
WHEREAS, Section 1-2.01 (d) in Chapter 2 mandates that no person shall violate any provision or fail to comply with any of the requirements of the EMC; and WHEREAS, Section 1-2.01 (e) in Chapter 2 provides a chart of the violations of the EMC that are misdemeanors; and
WHEREAS, Section 1-2.01 (f) in Chapter 2 provides a chart of the violations of the EMC that are infractions; and
WHEREAS, on July 21, 2020, the City Council requested that staff bring forward an agenda item to eliminate some or all of the criminal penalties in the EMC following national attention to these types of penalties and their potential to disproportionately impact people of color; and
WHEREAS, on September 15, 2020, staff presented an overview of the different code enforcement measures and tools previously used by the City, and the Council directed staff to bring back a list of all municipal code violations that were either subject to a criminal misdemeanor or infraction penalty (or both) and proposed recommendations for code enforcement penalties; and
WHEREAS, on December 15, 2020, the City Council reviewed staff’s recommendations on the removal or modification of criminal penalties for certain EMC violations; and WHEREAS, on December 15, 2020, the City Council determined that criminal penalties for some EMC code violations had the potential to disproportionately impact people of color and were not necessary because other code enforcements options such as administrative citations, civil remedies, or other state Penal or other state law enforcement measures were available. Accordingly, the City Council agreed with staff’s recommendations to remove or lessen the criminal penalties imposed for certain EMC violations; and
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF EMERYVILLE HEREBY ORDAINS AS FOLLOWS:
SECTION ONE. PURPOSE AND INTENT
The purpose and intent of this Ordinance is to repeal and replace the language of Sections 1-2.01(e) and (f) of Chapter 2 of Title 1 of the Emeryville Municipal Code to DocuSign Envelope ID: 8D7EA708-B342-4700-8C65-98192CB5B03F Ordinance No. 22-
Penalty Provisions Ordinance
City Council Meeting | December 20, 2022
eliminate the imposition of a criminal misdemeanor penalty or lessen a misdemeanor penalty to an infraction penalty for violations of certain Emeryville Municipal Code provisions. In addition, it is the intent of this Ordinance to clarify that, notwithstanding other provisions of the Emeryville Municipal Code, only the identified Emeryville Municipal Code provisions are subject to misdemeanor and infraction penalties, respectively, as set forth in the amended Section 1-2.01(e) and 1-2.01(f). It is also the intent of this Ordinance to amend Section 1-2.01(d) to clarify that the City may pursue other legal remedies for any violations of the Emeryville Municipal Code, including but not limited to the administrative citation program as provided in Chapter 7 of Title 1 of the Emeryville Municipal Code.
SECTION TWO. REPEALING AND REPLACING SECTIONS 1-2.01(E) and (F) OF CHAPTER 2 OF TITLE 1 OF THE EMERYVILLE MUNICIPAL CODE
Sections 1-2.01(d), (e) and (f) of Chapter 2 of Title 1 of the Emeryville Municipal Code are hereby repealed and replaced with the language and tables marked in bold as indicated in Exhibit 1, attached hereto and made a part hereof.
SECTION THREE. CEQA DETERMINATION
The City Council finds that adoption of this Ordinance is not a project as defined by the California Environmental Quality Act (“CEQA”) because it is an organizational or administrative activity that will not result in direct or indirect physical changes to the environment pursuant to CEQA Guidelines 15378(b)(5).
SECTION FOUR. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses, or phrases.
SECTION FIVE. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code section 33693.
SECTION SIX. CODIFICATION
Section Two of this Ordinance shall be codified in the Emeryville Municipal Code.
Sections One, Three, Four, Five, and Six shall not be so codified.
DocuSign Envelope ID: 8D7EA708-B342-4700-8C65-98192CB5B03F Ordinance No. 22-
Penalty Provisions Ordinance
City Council Meeting | December 20, 2022
This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held Monday, December 12, 2022, and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, December 20, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – EMC Chapter 2: Penalty Provisions
DocuSign Envelope ID: 8D7EA708-B342-4700-8C65-98192CB5B03F Emeryville Municipal Code
CHAPTER 2. PENALTY PROVISIONS
CHAPTER 2.
PENALTY PROVISIONS
Sections:
1-2.01 Violations Misdemeanors or Infractions
1-2.02 Prohibited Acts
1-2.03 Imposition of Penalties
1-2.04 Determination of Punishment
1-2.05 Place of Confinement
1-2.06 Fees, Charges, Licenses and Taxes Made a Civil Debt 1-2.07 Violations of Administrative Provisions
1-2.08 Public Nuisance
1-2.09 Continuing Violations
1-2.10 Alternate Civil Remedies
1-2.01 Violations Misdemeanors or Infractions.
(d) No person shall violate any provision or fail to comply with any of the requirements of this Code. In addition to any other legal remedies which may be pursued by the City, any violation of this Code may be subject to administrative citation as provided in Chapter 7 of Title 1 of this Code. (e) Notwithstanding any other provision of this Code, any person violating or failing to comply with only the following provisions of this Code shall be guilty of a misdemeanor:
Title Chapter Article/Section Chapter Description
4 2 Entire Emergency Plans
4 11 Entire Electric Personal Assistive
Mobility Devices (EPAMD)
5 5 Entire Card Rooms
5 8 Entire Gas, Water and Electric
Meters
5 9 .03 Intoxication; Consumption
of Alcoholic Beverages on
Public Streets or on Private
Property Adjacent Thereto
5 14 .05 Obstructions to Streets and
Sidewalks; Interfering with
Free Ingress or Egress –
Willful and Malicious
Obstruction of Public
Property
5 20 2 Weapons; Saturday Night
Special/Junk Gun Sales
Prohibition
5 21 .12 Bingo Games; Profits:
Separate Accounts; Records;
Violations; Penalties
5 30 Entire Regulation of Firearms
Dealers
6 1 1.107 Animals and Fowl; Keeping
of Vicious Animals Within
City Prohibited
Emeryville Municipal Code
CHAPTER 2. PENALTY PROVISIONS
Title Chapter Article/Section Chapter Description
6 13 Entire Stormwater Treatment
Design, Management and
Discharge Control Program
7 1 Entire Datum Plane
7 5 .13 Grading; False Statements
and Data
7 8 Entire Wastewater Collection
System
9 6 1.105 Subdivisions; Prohibitions
(f) Notwithstanding any other provision of this Code, any person violating or failing to comply with only the following provisions of this Code shall be guilty of an infraction:
Title Chapter Article/Section Chapter Description
4 2 Entire Emergency Plans
4 5 Entire Fire Code
4 6 Entire Fireworks
4 8 Entire Vehicles for Hire;
Taxicabs; Limousines
4 10 Entire Parking Meters
4 11 Entire Electric Personal
Assistive Mobility
Devices (EPAMD)
5 2 Entire Advertising
5 4 Entire Cabarets and Dances
5 9 .02 Intoxication;
Possession of Open
Alcohol Beverage
Container
5 13 Entire Noise
5 14 Entire
(except
5-14.05)
Obstructions to
Streets and Sidewalks
5 20 Entire Weapons
5 21 Entire
(except
5-21.12)
Bingo Games
5 23 Entire Community Events
5 24 Entire Parks
5 27 Entire Sidewalk and Street
Vendors
5 29 Entire Smoking Pollution
Control
5 30 Entire Regulation of
Firearms
Emeryville Municipal Code
CHAPTER 2. PENALTY PROVISIONS
Title Chapter Article/Section Chapter Description
5 34 Entire Signs on Public
Sidewalks
5 38 Entire Skateboard Facilities
6 2 .02 and .03 Dangerous and
Insanitary Conditions;
Littering and
Accumulations:
Public Places, Parks
and Schools
6 6 Entire Obstructions to
Watercourses
6 13 Entire Stormwater
Treatment Design,
Management, and
Discharge Control
Program
7 2 Entire Excavations and
Encroachments in the
Public Right-of-Way
7 8 Entire Wastewater Collection
System
8 1 Entire Building Code
8 2 Entire Historical Building
Code
8 3 Entire Existing Building
Code
8 4 Entire Residential Code
8 5 Entire Mechanical Code
8 7 Entire Electrical Code
8 8 Entire Green Building
Standards Code
8 9 Entire Property Maintenance
Code
8 11 Entire Dangerous Buildings
Code
10 1 Entire Rules and Regulations
for the Emeryville
Marina
10 1 and 2 Entire Tidelands: Rules and
Regulations for the
Emeryville Marina;
Activities in the
Tidelands Within the
City of Emeryville