* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold.
EMC 8-21.04
and .05
Floodplain
Management
Eliminate
misdemeanor
penalty
No code revisions necessary. Misdemeanor penalty
removed with revision of
Penalty Provisions of
Chapter 2 of Title 1 by CC
on 12-12-2022.
EMC 8-21
(except .04
and .05)
Floodplain
Management
Eliminate infrac�on
penalty
EMC 8-21.11 (“Enforcement”) – Replace “shall be
punishable as an infrac�on . . .in Chapter 2” with
“shall be subject to administra�ve cita�on. . . as
provided in Chapter 7.”
EMC 8-26 Construc�on
and Demoli�on
Waste
Requirements
Eliminate infrac�on
penalty
EMC 8-26.05(c)(3) (“Compliance with the Waste
Management Plan”) – Add “in viola�on of this
chapter” for noncompliance with WMP requirement.
EMC 8-26.08 (“Enforcement”) – Replace “shall be
punishable as an infrac�on. . . as provided in Chapter
2” with “shall be subject to administra�ve cita�on . .
. as provided in Chapter 7”
TITLE 9 – PLANNING REGULATIONS
EMC CODE
CHAPTER/
SECTION
SUBJECT CITY COUNCIL
RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT* NOTES
EMC 9-1.301 Planning
Regula�ons –
General
Provisions
EMC 9-1.301 (“Related Municipal Code Provisions”)
Remove “Fortunetelling: Chapter 7 of Title 5” from
list
Code clean-up language
recommended by Code
Publisher.
EMC 9-5.416 Planning
Regula�ons
Eliminate infrac�on
and misdemeanor
penalty
EMC 9-5.416 (“Enforcement”) – Replace “guilty of a
misdemeanor, and upon convic�on thereof shall be
punishable for each offense by a fine of not more
than five hundred dollars ($500.00), or by
imprisonment in the County Jail for a term not
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 City of Emeryville – Elimina�on of Criminal Penal�es in Municipal Code Group I “Clean Up” Amendments
* Dele�ons are indicated by strikethrough text and addi�ons are indicated in bold. exceeding six (6) months, or by both fine and
imprisonment. Such person, firm, or corpora�on shall
be deemed to be guilty of a separate offense for each
and every day during any por�on of which any
viola�on of this ar�cle is commenced, con�nued, or
permited by such person, firm, or corpora�on, and
shall be punishable as provided herein” with “subject
to administra�ve cita�on as set forth in Chapter 7 of
Title 1 of the Emeryville Municipal Code.”
EMC 9-7.1502 Penal�es. Change “unlawful” language
to “viola�on of Emeryville Municipal Code,” remove
infrac�on penalty and add “subject to administra�ve
cita�on” language.
EMC 9-
7.1502
Enforcement
and Revoca�on
Eliminate
misdemeanor and
infrac�on penalty
EMC 9-7.1502 (“Penal�es”) – Replace “unlawful” with
“a viola�on of the Emeryville Municipal Code” and
replace “punishable as set forth in Chapter 2” with
“subject to administra�ve cita�on as set forth in
Chapter 7.”
TITLE 10 -TIDELANDS
EMC CODE
CHAPTER/
SECTION
SUBJECT CITY COUNCIL
RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT* NOTES
EMC 10-1 Rules and
Regula�ons for
the Emeryville
Marina
Reduce
misdemeanor to
infrac�on
EMC 10-1.22 (“Viola�ons: Penal�es”) – Replace “Any
person viola�ng any provision of this chapter shall be
deemed guilty of a misdemeanor. and shall be
punishable by a fine not exceeding five hundred
dollars ($500.00), or by imprisonment not exceeding
six (6) months, or by both such fine and
imprisonment“ with “Each viola�on of this chapter
may be prosecuted as an infrac�on, as provided in
Sec�on 1-2.01 of Chapter 2 of Title 1 of this Code.”
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871