Emeryville City Council
October 17, 2023

ORDINANCE NO. 23-003
An Ordinance Of The City Council Of The City Of Emeryville Repealing And Replacing Various Municipal Code Provisions To Eliminate Or Modify Criminal Penalties For Code Violations, Identified As “Group I Amendments;” Repealing And Replacing Chapter 14 (“Sandblasting”) Of Title 8 (“Building Regulations”) And Chapter 1 (“Planning Regulations – General Provisions”) Of Title 9 (“Planning Regulations”) To Correct Typographical Errors Or Inconsistencies; And Repealing Chapter 16 (“Pawnbrokers, Secondhand Jewelry Dealers And Auction Sales”) Of Title 5 (“Public Welfare”) In Its Entirety. CEQA Determination: Not A Project And Exempt Pursuant To CEQA Guidelines Section 15378(b)(5) And 15061(b)(3) 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
WHEREAS, on December 12, 2022, the City Council approved and introduced Ordinance No. 22-015 (effective January 19, 2023), in which Section 1-2.01(e) and (f) of Chapter 2 of Title 1 of the Emeryville Municipal Code (“Penalty Provisions”) was amended to eliminate or modify whether a misdemeanor or infraction penalty was available for certain EMC violations; and
WHEREAS, further amendments to various sections in the EMC are necessary so that the penalties imposed for code violations in the revised Section 1-2.01(e) and (f) of Chapter 2 of Title 1 are consistent with those penalties included within the following code municipal code chapters: Chapters 1 (“Business Taxes”), 3 (“Taxes”) and 7 (“Permits and Licenses”) of Title 3 (“Finance”); Chapters 2 (“Emergency Plans”), 12 (“Emergency Medical Services”) of Title 4 (“Public Safety”); Chapters 1 (“Abandoned Vehicles”), 3 (“Air Pollution”), 11 (“Massage Establishments”), 16 (“Pawnbrokers, Secondhand Jewelry DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Ordinance No. 23-003
Ordinance to Eliminate or Modify Criminal Penalties for Code Violations City Council Meeting | October 17, 2023

Dealers”), 17 (“Alarm Systems”), 18 (“Poolrooms”), 19 (“Streets and Sidewalks”), 25 (“Hotels, Motels and Lodging Hotels”), 28 (“Cannabis”), 35 (“Certified Farmers’ Markets”), and 36 (“Irrigation Water Waste Prohibition”) of Title 5 (“Public Welfare”); Chapters 1 (“Animals and Fowl”), 2 (“Dangerous and Insanitary Conditions”), 4 (“Collection of Solid Waste and Recyclables”), 5 (“Laundries”), 7 (“Rodent Harborage”), 9 (“Water Wells”), 10 (“Weed and Refuse Abatement”), 11 (“Property Maintenance”), 12 (“Operation and Maintenance of Off-Street Parking Facilities”), and 14 (“Food Service Waste Reduction”) of Title 6 (“Sanitation and Health”); Chapters 3 (“Sidewalks, Curbs and Driveways”), 7 (“Standard Specifications for Public Works Construction”),and 10 (“Urban Forestry Ordinance”) of Title 7 (“Public Works”); Chapters 18 (“Seismic Hazard Identification and Mitigation Program for Unreinforced Masonry Buildings”), 21 (“Floodplain Management”), and 26 (“Construction and Demolition Waste Requirements”) of Title 8 (“Building Regulations”); Chapters 5 (“Planning Regulations”) and 7 (“Enforcement and Revocation”) of Title 9 (“Planning Regulations”); and Chapter 1 (“Rules and Regulations for the Emeryville Marina”) of Title 10 (“Tidelands”), hereinafter collectively referred to as “Group I Amendments”; and
WHEREAS, typographical errors and inconsistencies were also revealed and require further amendments to Chapter 14 (“Sandblasting”) of Title 8 (“Building Regulations”); and Chapter 1 (“Planning Regulations – General Provisions”) Of Title 9 (“Planning Regulations”); and
WHEREAS, as a further “clean-up” amendment, the permitting requirements and regulations set forth Chapter 16 (“Pawnbrokers, Secondhand Jewelry Dealers and Auctions Sales”) of Title 5 (“Public Welfare”) are deemed to be antiquated and no longer actively enforced by the City, and as such, the Chapter should be repealed in its entirety; 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 language within the various EMC sections so that the penalty provisions and language within the EMC are consistent with the imposition of criminal misdemeanor and infractions as penalties as set forth in Section 1-2.01(e) and (f) of Chapter 2 of Title 1 of the EMC. This Ordinance shall also amend other code sections to correct typographical errors or inconsistencies.

SECTION TWO. REPEALING AND REPLACING VARIOUS EMERYVILLE

MUNICIPAL CODE SECTIONS TO MAKE THE CRIMINAL PENALTIES CONSISTENT WITH REVISED SECTION 1-2.01(E) AND (F) OF CHAPTER 2 OF TITLE 1 OF THE EMERYVILLE MUNCIPAL CODE, IDENTIFIED AS “GROUP I AMENDMENTS” DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Ordinance No. 23-003
Ordinance to Eliminate or Modify Criminal Penalties for Code Violations City Council Meeting | October 17, 2023

The EMC Chapters, identified herein as “Group I Amendments” above, are hereby repealed as indicated by strikeout and replaced with language marked in bold, as indicated in Exhibit 1, attached hereto and made a part hereof.

SECTION THREE. REPEALING AND REPLACING CHAPTER 14
(“SANDBLASTING”) OF TITLE 8 (“BUILDING REGULATIONS”); AND CHAPTER 1 (“PLANNING REGULATIONS – GENERAL PROVISIONS”) OF TITLE 9 (“PLANNING REGULATIONS”) TO CORRECT TYPOGRAPHICAL ERRORS AND

INCONSISTENCIES
Chapter 14 (“Sandblasting” of Title 14 (“Building Regulations”) and Chapter 1 (“Planning Regulations – General Provisions”) of Title 9 (“Planning Regulations”) are hereby repealed as indicated by strikeout and replaced with language marked in bold, as indicated in Exhibit 2, attached hereto and made a part hereof.

SECTION FOUR. REPEALING CHAPTER 16 (“PAWNBROKERS, SECONDHAND JEWELRY DEALERS AND AUCTION SALES”) OF TITLE 5 (“PUBLIC WELFARE”) IN

ITS ENTIRETY
Chapter 16 (“Pawnbrokers, Secondhand Jewelry Dealers and Auction Sales”) of Title 5 (“Public Welfare”) is hereby repealed in its entirety.

SECTION FIVE. CEQA DETERMINATION
The City Council finds that adoption of this Ordinance is not a project or exempt 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) and is subject to the “common sense” exemption 15061(b)(3) in that it can be seen with certainty that there is no possibility that the adoption of the clean-up code amendments may have a significant effect on the environment.

SECTION SIX. 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 SEVEN. 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 EIGHT. CODIFICATION
Sections Two, Three and Four of this Ordinance shall be codified in the Emeryville Municipal Code. Sections One, Five, Six and Seven shall not be so codified.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Ordinance No. 23-003
Ordinance to Eliminate or Modify Criminal Penalties for Code Violations City Council Meeting | October 17, 2023

This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 3, 2023, and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 17, 2023, by the following vote:

AYES: 4
Mayor Bauters, Vice Mayor Welch and Council Members Kaur and Mourra
NOES: 0
ABSTAIN: 0
ABSENT: 1 Council Member Priforce
MAYOR
ATTEST: APPROVED AS TO FORM:

DEPUTY CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 1.

BUSINESS TAXES*
* Editor’s Note: Former Chapter 1, “Business Licenses,” adopted by Ordinance 397, as amended, was repealed in its entirety by Ordinance 84-011, adopted December 18, 1984 and Ordinance 85-05(A) adopted May 7, 1985. A new Chapter 1, also entitled “Business Licenses” was instituted by these ordinances.

Sections:
3-1.101 Business Tax
3-1.102 Definitions
3-1.103 Separate Certificate for Each Place of Business 3-1.104 Revenue Measure Only – Does Not Permit Business Otherwise Prohibited 3-1.105 Public Inspection
3-1.106 Contents of Certificate
3-1.107 Annual Certificate
3-1.108 Statement of Renewal of Business Tax Certificate 3-1.109 Initial Registration and Annual Renewal Fees
3-1.110 Declaration – Additional Statement by Contractors 3-1.111 Declaration Not Conclusive
3-1.112 Declaration – Confidential Documents
3-1.113 Transfer of Business Tax Certificate Procedure
3-1.114 Business Tax Certificate to Be Conspicuously Posted – Exception 3-1.115 Lost Certificate
3-1.116 Penalty for Nonpayment of Business Tax
3-1.117 Prior Year Registration Assessments
3-1.118 Notice Not Required
3-1.119 Interest
3-1.120 Business Tax a Debt
3-1.121 Notice of Hearing on Lien
3-1.122 Collection of Delinquent Taxes by Special Tax Roll 3-1.123 Conviction for Violation Not Waiver of Business Tax 3-1.124 Annual Business Tax Based on Gross Receipts
3-1.125 Certain Enumerated Businesses
3-1.126 Professional and Semiprofessional Connected Business 3-1.127 Certain Businesses Not Having Gross Receipts
3-1.128 Rental of Commercial Property
3-1.129 Cannabis Businesses
3-1.130 Reserved
3-1.131 Optional Method of Determining Tax
3-1.132 Maximum Annual Business Tax
3-1.133 Provision for Bad Debts
3-1.134 Duties of the Chief Financial Officer – Notice of Decisions 3-1.135 Refund of Tax, Penalty or Interest Paid More Than Once or Erroneously or Illegally Collected 3-1.136 Saving Clause
3-1.137 Examination of Books, Records, Witnesses – Information Confidential – Penalty 3-1.138 Violations
3-1.139 Exemption for Nonprofit Corporations, Associations, Etc. 3-1.140 A Business with Administrative Offices and Additional Warehouses Within the City 3-1.141 Compliance with Minimum Wage, Paid Sick Leave, and Other Employment Standards 3-1.101 Business Tax.

It shall be a violation of the Emeryville Municipal Code for any person, either for himself or for any other person, to commence on any business taxed pursuant to this chapter in the City of Emeryville without having procured a business tax certificate from said City; and the carrying on of any business without first having procured a certificate DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. from said City shall constitute a separate violation of this Code for each and every day that such business is so carried on.
(Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-1, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011)
3-1.102 Definitions.
(a) “Business” shall include all activities engaged in or caused to be engaged in within this City with the object of gain, benefit or advantage, whether direct or indirect, to the taxpayer or to another or to others, but shall not include the services rendered by an employee to his employer or to a casual or isolated transaction. Although an activity of a taxpayer may be incidental to another or other of his business activities, each such activity shall be considered to be a business engaged within the meaning of this chapter. (b) “Sale” or “sell” shall be deemed to include and refer to: the making of any transfer of title, in any manner or by any means whatsoever, to property for a price, and to the serving, supplying or furnishing, for a price, of any property fabricated or made at the special order of consumers who do or do not furnish directly or indirectly the specifications therefor. A transaction whereby the possession of property is transferred, but the seller retains the title as security for the payment of the price, shall likewise be deemed a sale. The foregoing definitions shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of the law. (c) “Engaging in business” shall mean commencing, conducting, or continuing in business and also the exercise of corporate or franchise powers as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business.
(d) “Gross receipts,” except as otherwise specifically provided, shall mean the gross receipts of the preceding fiscal year of the taxpayer or part thereof, and is defined as follows:

The total amount actually received or receivable from all sales; the total amount or compensation actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise; and gains realized from trading in stocks or bonds, interest, discounts, rents, royalties, fees, commissions, dividends, or other emoluments, however designated. Included in “gross receipts” shall be all receipts, cash and credits, except that the following shall be excluded therefrom:
(1) Cash discounts allowed and taken on sales;
(2) Credit allowed on property accepted as part of the purchase price and which property may later be sold, at which time the sales price shall be included as gross receipts; (3) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
(4) Such part of the sale price of property returned by purchasers upon rescission of a contract of sale as is refunded either in cash or by credit;
(5) Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded;
(6) Cash value of sales, trades or transactions between departments or units of the same business; (7) Receipts from investments where the holder of the investment receives only interest and/or dividends; (8) Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer’s business. (e) “Person” shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-2, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.103 Separate Certificate for Each Place of Business.

A separate business tax certificate must be obtained for each and every branch establishment or separate place of business at which a business is carried on.
(Ord. 84-011 eff. Dec. 18, 1984, as amended by Sec. 12-3, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.104 Revenue Measure Only – Does Not Permit Business Otherwise Prohibited.

The business taxes prescribed by the provisions of this chapter constitute a tax for revenue purposes, and are not regulatory permit fees. The payment of a business tax required by this chapter, and its acceptance by the City, and the issuance of a business tax certificate to any person shall not entitle the holder thereof to carry on any business unless he has complied with all of the requirements of this Code and all other applicable laws, nor to carry on any business in any building or on any premises designated in such business tax certificate in the event that such building or premises is situated in a zone or locality in which the conduct of such business is in violation of any law.

Notwithstanding the above, no business tax certificate shall be issued for any use which violates federal, State, or local laws.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-4, Ord. 85-05(A), eff. May 7, 1985, Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 2, Ord. 06-007, eff. Aug. 17, 2006; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.105 Public Inspection.

The following information for each business tax certificate under this chapter shall be available for inspection by the public during normal working hours in accordance with regulations prescribed by the City:
(a) The name and address of the business;
(b) The name in which the certificate is issued;
(c) The name and address of the owner of the business, if such name and address are shown on the records filed pursuant to this chapter.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-5, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.106 Contents of Certificate.

Every person required to have a business tax certificate under the provisions of this chapter shall make application for the same to the Finance Department of the City of Emeryville and upon payment of the prescribed business tax, the City shall issue to said person a business tax certificate which shall contain:
(a) The name of the business;
(b) The place where the business is to be carried on;
(c) The type of business;
(d) The date of the expiration of such business tax certificate; and such other information as the City shall determine.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-6, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.107 Annual Certificate.
(a) All annual business tax certificates issued under this chapter, except the first certificate issued to newly established businesses, shall be considered to be issued on January 1 of each year and shall expire on December 31 of the same year.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (b) All businesses that are conducting their usual and customary activities as of January 1 of the current tax year are required to pay, in full, for the entire calendar year. (Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-7, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.108 Statement of Renewal of Business Tax Certificate. (a) Every person subject to a business tax or registration fee shall, before the business tax or registration fee becomes delinquent, file with the City a written statement setting forth the applicable factor or factors that constitute the measure of the registration fee or business tax, together with such other information as shall be required by the City to enable it to administer the provisions of this chapter and shall pay at such time the amount of the registration fee or business tax computed thereon.
(b) The written statement provided for herein shall be on a form prescribed by the Finance Department and shall include a declaration substantially as follows:

I declare under penalty of perjury that to my knowledge all information contained in this statement is true and correct.
(c) The written statement provided for herein shall include the total number of employees at each place of business in Emeryville and the total number of business locations worldwide. (Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-8, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011; Sec. 3 (part), Ord. 16-007, eff. July 1, 2017) 3-1.109 Initial Registration and Annual Renewal Fees.

Every person wishing to establish a new business within the City of Emeryville shall pay a one (1) time registration fee as set forth in the City of Emeryville Master Fee Schedule. Thereafter, every person conducting business within the City of Emeryville shall pay an annual renewal fee as set forth in the City of Emeryville Master Fee Schedule. (Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-9, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 3 (part), Ord. 90-18, eff. Jan. 3, 1991; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.110 Declaration – Additional Statement by Contractors.

In addition to the information required to be included in the written statement of the applicant for a first business tax certificate and of the taxpayer for a renewal certificate, as provided in Sections 3-1.108 and 3-1.109, each applicant who is subject to the Contractors License Law shall state that he is licensed under such law, that his license is in full force and effect, and the number thereof.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-10, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.111 Declaration Not Conclusive.

No statement required by this chapter shall be conclusive upon the City of Emeryville, or any department, officer or agent thereof. Whenever the Finance Department shall have reason to believe that such statement does not set forth the true facts upon which the issuance of a business tax certificate is required, said Department may withhold the issuance of a business tax certificate therefor until such time as the applicant shall furnish satisfactory evidence of the truth of the statement. If such evidence is not furnished within a reasonable time, or should it any time appear that by reason of error, misrepresentation, fraud, or any other cause whatsoever, the business tax has not been properly fixed for any business tax certificate issued, said Finance Department shall give not less than five (5) business days’ written notice to the taxpayer to show cause, at a time and place fixed in said notice, why a business tax to be determined by the Finance Department and specified in said notice should not be fixed for such business tax certificate. At such hearing the taxpayer shall appear and offer evidence why such specified business tax should not be fixed as the business tax. After such hearing, or in the event the taxpayer fails to appear, the Finance Department shall determine the proper business tax to be charged and shall forthwith give written notice to the taxpayer of such determination and the amount of such business tax.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

Any business tax finally determined shall be due and payable as of the date the original business tax was due and payable, together with any penalties that may be due thereon; provided, however, if such business tax shall be fixed in accordance with original statement of the taxpayer, then no penalty shall be attached to such business tax by reason of any delinquency.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-11, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.112 Declaration – Confidential Documents.

Except as provided otherwise herein, the statements filed pursuant to the provisions of this chapter shall be deemed confidential in character and shall not be subject to public inspection, and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration of this chapter.

Any officer or employee who shall willingly violate any provision of this section shall be deemed a cause for discipline, up to and including termination from the City’s service. (Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-12, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.113 Transfer of Business Tax Certificate Procedure.

No business tax certificate granted or issued under the provisions of this chapter shall be in any manner transferred or assigned, or authorize any person other than the person named in the business tax certificate to carry on the business therein named or to transact such business in any place other than the place or location therein named without the written consent of the Finance Department endorsed thereon. At the time such business tax certificate is assigned or transferred or the place of location for the carrying on of such business is changed, the person applying for such transfer or change shall pay a fee as set forth in the City of Emeryville Master Fee Schedule for each assignment or transfer.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-13, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.114 Business Tax Certificate to Be Conspicuously Posted – Exception.

Every person having a business tax certificate and carrying on a business at a fixed place of business shall keep such business tax certificate posted and exhibited while in force in some conspicuous part of said place of business.

Every person having such a business tax certificate and not having a fixed place of business shall carry such business tax certificate with him/her at all times while carrying on the business for which the same was granted. (Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-14, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.115 Lost Certificate.

The Finance Department shall issue a duplicate business tax certificate to replace any business tax certificate issued under the provisions of this chapter which has been lost or destroyed at no cost to the taxpayer for the first duplicate business tax certificate. Each replacement business tax certificate issued thereafter will be issued at a cost as set forth in the City of Emeryville Master Fee Schedule.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-15, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.116 Penalty for Nonpayment of Business Tax.

Every business tax not paid when due is hereby declared delinquent, and the Finance Department shall add to said business tax and collect a penalty of five percent (5%) of the delinquent business tax per month, or fraction thereof, up to a maximum penalty of twenty-five percent (25%) of the delinquent business tax.

The delinquency date for a business tax varies depending on the frequency of the payment of such business tax. (a) Business Taxes Paid Annually.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (1) Existing Business. The annual business tax paid by an existing business is hereby declared delinquent if not paid on or before March 1 of each year.
(2) New Businesses. The annual business tax paid by a new business is hereby declared delinquent if not paid within fifteen (15) days after commencing business. (b) Business Taxes Paid Quarterly.
(1) Existing Businesses. The quarterly business tax paid by an existing business is hereby declared delinquent if not paid within fifteen (15) days after the first day of the quarter. (2) New Business. The quarterly business tax paid by a new business is hereby declared delinquent if not paid within fifteen (15) days after commencing business. (c) Business Tax Paid Daily. A daily business tax is hereby declared delinquent if not paid on or prior to the first day or days for which the business tax applies.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-16, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 3 (part), Ord. 90-18, eff. Jan. 3, 1991; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.117 Prior Year Registration Assessments.

If any person has failed to apply for and secure a valid business tax certificate, the business tax due shall be that amount due and payable from the first date on which the person was engaged in business in the City of Emeryville, together with applicable penalties and interest.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-17, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.118 Notice Not Required.

The Finance Department is not required to send a renewal, delinquency or other notice or bill to any person subject to the provisions of this chapter and failure to send such notice or bill shall not affect the validity of any business tax or penalty due under the provisions of this chapter.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-18, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.119 Interest.

In addition to the penalties imposed, any person who fails to remit any business tax imposed by the provisions of this chapter shall pay interest at the rate of one and one-half percent (1-1/2%) per month or fraction thereof, on the amount of the business tax and penalties from the date on which the business tax first became delinquent until paid. (Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-19, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.120 Business Tax a Debt.

The amount of any business tax and penalty imposed by this chapter shall be deemed a debt to the City of Emeryville, and any person carrying on any business without first having procured a business tax certificate from said City shall be liable to an action in the name of said City, in any court of competent jurisdiction, for the amount of the business tax and penalties imposed on such business.

The amount of business tax, penalty and interest imposed under the provisions of this chapter is hereby assessed against the business property on which the business tax is imposed in those instances where the owner of the business and the business property are one and the same. If the business tax is not paid when due, such business tax shall constitute an assessment against such business property and shall be a lien on the property for the amount thereof, which lien shall continue until the amount thereof, including all penalties and interest, is paid, or until it is discharged of record.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-20, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011)
3-1.121 Notice of Hearing on Lien.

The Chief Financial Officer shall file a written notice of those persons on whom the City will file lien, and shall present same to the City Council and the City Council shall forthwith, by resolution, fix a time and place for a public hearing on such notice.

The Chief Financial Officer shall cause a copy of such resolution and notice to be served upon the owner of the business/business property not less than ten (10) days prior to the time fixed for such hearing. Such service shall be by mailing a copy of such resolution and notice to the owner of the business/business property at his/her last known address. Service shall be deemed complete at the time of deposit in the United States mail. (Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-21, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011)
3-1.122 Collection of Delinquent Taxes by Special Tax Roll.

With the confirmation of the report by the City Council, the delinquent business tax charges contained therein which remain unpaid by the owner of the business/business property shall constitute a special assessment against said business property and shall be collected at such time as established by the County Assessor for inclusion in the next property tax assessment.

The Chief Financial Officer shall turn over to the County Assessor for inclusion in the next property tax assessment the total sum of unpaid delinquent charges consisting of the delinquent business taxes, penalties, and interest at the rate of eighteen percent (18%) per annum from the date of recordation to the date of lien, and an administrative charge and a release of lien fee, as such charge and fee are set forth in the City of Emeryville Master Fee Schedule.

Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes. The lien shall continue until the assessment and all interest and charges due and payable thereon are paid. All business taxes applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to said special assessments.
(Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-22, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011)
3-1.123 Conviction for Violation Not Waiver of Business Tax.

The conviction and punishment of any person for transacting any business without a business tax certificate shall not excuse or exempt such person from the payment of any business tax due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution of any violation of the provisions of this chapter. (Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-23, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011)
3-1.124 Annual Business Tax Based on Gross Receipts.

Every person transacting and carrying on any business within the City of Emeryville, other than those enumerated in Sections 3-1.125, 3-1.126, 3-1.127, 3-1.128 and 3-1.129, shall pay an annual business tax equal to the greater of twenty-five dollars ($25.00) or one-tenth of one percent (0.10%) of the annual gross receipts of such business. (Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-24, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 3 (part), Ord. 90-18, eff. Jan. 3, 1991; Sec. 2, Ord. 93-004, eff. July 1, 1993; Sec. 2, Ord. 93-010, eff.

Nov. 18, 1993; Sec. 2, Ord. 11-006, eff. July 7, 2011; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011; Measure S (Res. 18-113, Sec. 2), eff. Dec. 20, 2018)
3-1.125 Certain Enumerated Businesses.

Every person transacting and carrying on the businesses herein enumerated shall pay a business tax as follows:

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

Advertising. Distributing, advertising, samples, handbills, dodgers or printed advertisements of any kind, forty dollars ($40.00) per day per person.

Alcohol Sales. All persons primarily engaged within the City of Emeryville in the retail sale of alcoholic beverages, not for consumption on the premises of the sale, pursuant to an off-sale general license issued in accordance with Section 23394 of the California Business and Professions Code or any successor provision, shall pay a business tax of five hundred dollars ($500.00) per quarter. Said business tax shall not be applicable to persons engaged in the retail sale of alcoholic beverages which is limited to beer and/or wine pursuant to a retail package off-sale beer and wine license issued in accordance with Section 23393 of the California Business and Professions Code or any successor provision.

Barbershop and Beauty Shop. Owner or management operated shops shall pay a business tax based on their annual gross receipts pursuant to Section 3-1.124. Independent barbershop and beauty shop operators within owner or management operated shops (if applicable), fifty dollars ($50.00) per quarter.

Billiards Establishment or Poolroom. Poolrooms, billiards establishments, or other commercial establishments which provide pool tables used to play pool, billiards, snooker or any other such games shall pay a business tax based on their annual gross receipts pursuant to Section 3-1.124.

Boxing. Boxing or wrestling exhibition where a fee or admission is charged, four hundred forty dollars ($440.00) for each exhibition.

Cabaret. One thousand three hundred twenty dollars ($1,320.00) per quarter, except that where the only entertainment furnished by or for any patron or guest consists of the playing of a piano, organ or other single musical instrument by a musician and no dancing provisions are afforded in connection therewith, the business tax shall be the sum of two hundred twenty dollars ($220.00) per quarter.

Provided, however, that before the granting of any business tax certificate, a permit to operate a cabaret must be obtained from the City Council pursuant to Chapter 4 of Title 5.

Card Room. Carrying on the business of operating, conducting or managing a card room or card game in any public place or to which an admission fee is charged within the City of Emeryville, the business tax shall be as follows:

Card room businesses shall pay, monthly, to the City, a business tax of ten percent (10%) of the monthly gross receipts of such business, or shall pay, monthly, a business tax of one thousand dollars ($1,000.00) per table, per month, whichever of these two tax amounts is greater.

Before the granting of any business tax certificate by the Finance Department, a permit to conduct the card room or card game must be obtained from the City Council, as required by the provisions of Chapter 5 of Title 5. Each business tax certificate issued hereunder shall designate the number of card tables which the card room business is authorized to operate at the premises licensed.

Catering Truck, Food/Refreshment Stand. The sale of prepared lunches (commonly known as “box lunches”), food, and beverages intended for human consumption, made available to the consumer by means of a fixed or movable stand, pushcart, wagon, truck or other vehicle, whether upon public or private property, seventy dollars ($70.00) per stand/vehicle, per quarter.

Check Casher. A person that for compensation engages within the City of Emeryville, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose shall pay a business tax of five hundred dollars ($500.00) per quarter.

Said business tax shall not be applicable to a State or federally chartered bank, savings association, credit union, or industrial loan company, nor to a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers and that cashes checks or issues money orders for a minimum flat fee not exceeding two dollars ($2.00) as a service to its customers that is incidental to its main purpose or business.

Circuses, Carnivals, Fairs or Similar Exhibitions or Amusement Centers. As follows:

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (a) Two hundred dollars ($200.00) for the first day of operation and two hundred dollars ($200.00) per day for each day of operation thereafter.
(b) Mechanical amusement centers including merry-go-round, Ferris wheels, recreation swings or similar amusement devices, two hundred twenty dollars ($220.00) per quarter.

The above shall not apply to a merry-go-round, Ferris or other similar wheel maintained in a park or other enclosure where a business tax for the other businesses maintained in the park or enclosure, inclusive of the merry-go-round, Ferris or other similar wheel, is paid by the owner or lessee.

Collection. Collecting debts, claims on demands, commonly known as a collecting agency, one hundred ten dollars ($110.00) per quarter.

Commission Merchant/Manufacturer’s Representative. Buying and selling any products for a commission or fee for any other person, firm or corporation, commonly known as a commission merchant or broker, one hundred fifty dollars ($150.00) per quarter.

Contractors. Every person conducting or carrying on a business who is licensed as a contractor by the State of California and who undertakes to, or offers to undertake to, or submits bids to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, is defined as a contractor. The term “contract” as used in the section also includes specialty contractors. All contractors, or handymen and odd-jobbers working on a subcontractor basis, shall pay an annual business tax of two hundred dollars ($200.00), (fifty dollars ($50.00) per quarter) or one dollar ($1.00) for each one thousand dollars ($1,000.00) of gross receipts on work engaged in Emeryville, whichever is greater.

Dance or Dance Hall. A public dance, whether or not for profit, to which people are admitted with or without charge, or at which people are allowed to participate in dancing, either with or without a charge, one thousand three hundred twenty dollars ($1,320.00) per quarter; provided, however, that where dances are held less than once a month, the business tax shall be one hundred ten dollars ($110.00) per day for each day such dance is conducted.

Delivery by Vehicle, Optional Rate. Every person not having a fixed place of business within the City of Emeryville who delivers goods, wares or merchandise by use of any kind by vehicle or provides any service by the use of vehicles in the City of Emeryville, except for those persons licensed under the paragraph entitled “Catering Truck, Food/Refreshment Stand” of this section, shall pay a business tax of fifty dollars ($50.00) per quarter.

Dog Kennels. Conducting or maintaining a dog kennel for each year or fraction of a year, commencing on the first day of January thereof, a business tax as follows:
1 to 10 dogs, inclusive $440.00
11 to 15 dogs, inclusive $500.00
16 or more dogs $550.00
Hospital. Hospital or rest home, sanitarium or maternity or lying-in asylum, two hundred twenty dollars ($220.00) per quarter.

House Mover. Moving houses, two hundred dollars ($200.00) per house. House mover must post a bond in the sum of twenty-five thousand dollars ($25,000.00) to indemnify the City for any damage done to streets in moving a house.

Laundry. Shop with a fixed place of business in the City of Emeryville, pickup and delivery of laundry, dyeing and cleaning, supplying towels, etc., shall pay a business tax based on their annual gross receipts pursuant to Section 3-1.124.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

Delivery vehicles without a fixed place of business in the City of Emeryville shall pay a business tax of fifty dollars ($50.00) per quarter.

Lodging Services. Carrying on the business of primarily providing commercial lodging to the general public, such as hotels and motels. Lodging service businesses shall pay, quarterly, to the City, a business tax of one-tenth of one percent (0.10%) of all gross receipts defined in Section 3-1.102, excluding gross receipts attributable to rent collected from a transient upon which the lodging service business also collects from the transient and pays to the City of Emeryville a tax in accordance with the Uniform Transient Occupancy Tax Law of the City of Emeryville.

Massage Parlor (Nonconforming Adult Entertainment). Massage parlors operating as nonconforming establishments under Adult Entertainment Ordinance 90-10 shall pay a business tax of two hundred dollars ($200.00) per year for establishments with three (3) or fewer employees, four hundred dollars ($400.00) per year for establishments with four (4) to six (6) employees, or eight hundred dollars ($800.00) per year for establishments with seven (7) or more employees. Provided, however, that before the granting of any business tax certificate, a permit to operate a massage parlor must be obtained from the Chief of Police pursuant to Chapter 11 of Title 5.

Mechanical Amusement Devices. Operating and/or permitting the operation of any mechanical amusement device in any restaurant, store, cocktail lounge, resort, hall or other public place shall pay a business tax of twenty-five dollars ($25.00) per machine, per quarter.

A “mechanical amusement device” is hereby defined as a machine which upon the insertion of a coin or slug operates, or may be operated, for use as a game, contest, or amusement of any description, or which may be used for any such game, contest, or amusement, and which contains no automatic payoff device for the return of slugs, money, coins, tokens or merchandise.

An application for a license for operating a mechanical amusement device shall state that such device will be operated for amusement only.

Miniature Golf. So-called miniature golf course or games, two hundred twenty dollars ($220.00) per quarter.

Moving Picture Theater. Moving picture theater, where moving or motion pictures are exhibited, where an admission is charged, shall pay a business tax based on their annual gross receipts pursuant to Section 3-1.124.

Newsstand. Newsstand for the sale of foreign or domestic newspapers, periodicals or commodities whatsoever not herein otherwise designated, fifty dollars ($50.00) per quarter.

On-Location Movie/Television Production Company. Persons engaged in the production of a movie, television program, video, commercial, advertisement or other such medium on location within the City of Emeryville, two hundred dollars ($200.00) per day.

Parking Lots. Parking automobiles or trucks for a fee shall pay a business tax based on their annual gross receipts pursuant to Section 3-1.124.

Peddlers.
(a) Flags, banners, balloons, canes, horns, trumpets, musical or noise making instruments of any kind, toys, badges, buttons, shoestrings, hairpins, lead pencils, combs, or souvenirs of any kind, one hundred dollars ($100.00) per quarter.
(b) Meats, game, poultry, fish, fruits, vegetables, wood, butter, eggs, buttermilk, milk, ice cream, bread, crackers, cakes, pies or other foodstuffs, confections, or other edibles intended for human consumption, one hundred dollars ($100.00) per quarter.

Roominghouse or Lodging House. Fifty dollars ($50.00) per quarter.

Security/Patrol Service. Three hundred dollars ($300.00) per year.

Shooting Gallery. Shooting gallery or range, two hundred twenty dollars ($220.00) per quarter.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

Skating. Ice or roller skating rink, two hundred twenty dollars ($220.00) per quarter.

Soliciting or Canvassing. Soliciting or canvassing or taking orders for any goods, wares or merchandise or business and not having a regular place of business in the City of Emeryville, or who is not an agent or representative of a regular established place of business in the City of Emeryville, one hundred fifty dollars ($150.00) per quarter.

Storage of Petroleum. Storing petroleum or products of petroleum with a storage capacity of less than one thousand (1,000) barrels, two hundred twenty dollars ($220.00) per quarter. Where the storage capacity is one thousand (1,000) barrels or more, the tax shall be four hundred forty dollars ($440.00) per quarter.

Storehouse or Warehouse. Storehouse or warehouse for the storage of goods, merchandise, baggage, or household furniture or goods, whether for the purpose of storing the operator’s own goods or otherwise, where the operator does not have any other place of business in the City of Emeryville, five hundred dollars ($500.00) per year for the first ten thousand (10,000) square feet or fraction thereof of storehouse or warehouse space, plus two hundred fifty dollars ($250.00) per year for each additional five thousand (5,000) square feet or fraction thereof of storehouse or warehouse space.

Taxicabs or Limousines. Any entity engaged in the business of carrying passengers for hire, as permitted in Section 4-8.1.3, or any “owner” of a “limousine” as these terms are defined in Section 4-8.2.1 shall pay a business tax of two hundred dollars ($200.00) per year.

Temporary or Transient Business. A temporary or transient place of business engaged in the sale of goods, wares or merchandise shall pay a business tax equal to the lesser of twenty-five dollars ($25.00) per day or one hundred ten dollars ($110.00) per quarter.

Undertakers. Undertaker, embalmer or funeral director, six hundred sixty dollars ($660.00) per quarter.

Used Merchandise/Secondhand Goods.
(a) Collecting, buying or selling, either at wholesale or retail, used merchandise or other articles commonly known as junk, from a fixed place of business in the City of Emeryville, one hundred fifty dollars ($150.00). (b) Secondhand goods, dealing in second-hand goods, wares or merchandise, two hundred twenty dollars ($220.00) per quarter.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-25, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 2, Ord. 89-012, eff. July 20, 1989; Sec. 2, Ord. 89-019, eff. Dec. 21, 1990; Sec. 2, Ord. 90-2, eff. May 3, 1990; Sec. 4, Ord. 90-18, eff. Jan. 3, 1991; Sec. 2, Ord. 92-13, eff. Sept. 3, 1992; Sec. 3, Ord. 93-004, eff. July 1, 1993; Sec. 3, Ord. 93-010, eff. Nov. 18, 1993; Sec. 2, Ord. 97-010, eff. Nov. 4, 1997; Sec 2, Ord. 01-008, eff. Nov. 6, 2001; Sec. 2, Ord. 02-016, eff. Nov. 1, 2002; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.126 Professional and Semiprofessional Connected Business. (a) Every person engaged in the business of providing professional services not specifically taxed by other business tax provisions of this chapter shall pay a business tax based on their annual gross receipts pursuant to Section 3-1.124 for services performed within the City of Emeryville. (b) Providing professional services shall include, but not be limited to, the following:

Finance, insurance services, real estate services, medical and other health services; educational services; legal services; engineering and architectural services; accounting, auditing and bookkeeping services; savings and loan and other financial institutions.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-25, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.127 Certain Businesses Not Having Gross Receipts.
(a) Whenever there are no gross receipts within the City of Emeryville, the business shall pay a business tax pursuant to the tax rate set forth in Section 3-1.124, computed on all expenses incurred on an annual basis at the DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. business location or administrative office within the City of Emeryville for payroll, utilities, depreciation and/or rent.
(b) A business taxed under this section shall not be considered either a retailer or wholesaler with respect to the sale of goods manufactured by such business within the City of Emeryville. (c) When a person engages in two (2) or more businesses, one (1) or more having gross receipts and one (1) or more not having gross receipts, such person shall combine the annual gross receipts of the business(es) having gross receipts with the annual payroll, utilities, depreciation and/or rent of the business(es) not having gross receipts, and pay a business tax on the combined sum pursuant to the tax rate set forth in Section 3-1.124; provided, that all businesses are being conducted at the same location.
(Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-25, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.128 Rental of Commercial Property.
(a) Every person engaged in the business of renting or letting a building, structure, or other property, or portion thereof, for commercial purposes, including the business of renting or letting advertising displays, advertising structures, or signs of any kind or character, erected or maintained for outdoor advertising purposes, within the City of Emeryville for a purpose other than dwelling, sleeping, or lodging to a tenant, shall pay an annual business tax of three and one-half tenths of one percent (0.35%) of the annual gross receipts of such business. (b) A lessor otherwise subject to the business tax described in subsection (a) of this section shall not be exempt therefrom by reason of the fact that one (1) or more persons may reside within a building or structure where the primary purpose of the particular tenancy or the primary use or right to use by the tenant is for some purpose other than dwelling, sleeping, or lodging.
(c) A lessor may exclude from gross receipts any receipts received which represent rent for the use of space by the lessor, a partner, when the lessor is a partnership, or by an affiliated corporation as defined in Section 3-1.102(d). (d) Upon payment of the annual business tax as set forth in subsection (a) of this section, the building owner shall provide the Finance Department with a list of the names of all current tenants, date of commencement of lease, length of lease term or termination date of lease, option terms, and tenancies terminated during the prior year. (Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-25, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 5, Ord. 90-18, eff. Jan. 3, 1991; Sec. 4, Ord. 93-004, eff. July 1, 1993; Sec. 1 (part), Ord. 11-013, eff.

Nov. 18, 2011)
3-1.129 Cannabis Businesses.
(a) Every person engaged in cannabis business in the City shall pay, for the privilege of operating a cannabis business in the City, a business tax at a rate of up to six percent (6%) of annual gross receipts. The tax under this section shall not be imposed on cannabis businesses unless and until the City Council, by resolution, takes action to set a tax rate not to exceed six percent (6%) of annual gross receipts. (b) Notwithstanding the maximum tax rate of six percent (6%) of annual gross receipts established under subsection (a) of this section, the City Council may, in its discretion, at any time by resolution, implement a lower tax rate for all cannabis businesses or establish differing tax rates for different categories of cannabis businesses, as defined in such resolution, subject to the maximum rate of six (6%) percent of annual gross receipts. The City Council may, by resolution, also increase any such tax rate from time to time, not to exceed the maximum tax rate of six percent (6%) of annual gross receipts established under subsection (a) of this section. (c) For purposes of this section, cannabis business shall have the same meaning as set forth in Chapter 28 of Title 5 of the City of Emeryville Municipal Code.
(Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011; Measure S (Res. 18-113, Sec. 2), eff. Dec. 20, 2018) 3-1.130 Reserved.
(Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 3-1.131 Optional Method of Determining Tax.

When a person engages in two (2) or more businesses which are taxed on the basis of gross receipts under different provisions of this chapter, such person may elect to combine all such gross receipts and pay a business tax determined by applying the rate of tax applicable to that business activity producing the greatest amount of gross receipts, subject to the following provisions:
(a) All businesses must be conducted at the same location; and (b) The gross receipts of all businesses, except the business producing the greatest amount of gross receipts, must not exceed twenty percent (20%) of the total combined gross receipts of all businesses. (Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-28, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011)
3-1.132 Maximum Annual Business Tax.

Every person transacting and carrying on any business within the City of Emeryville that pays an annual business tax pursuant to Section 3-1.124 shall pay an annual business tax no greater than three hundred thousand dollars ($300,000.00) as adjusted annually upward or downward by the change in the Bay Area Consumer Price Index starting July 1, 2012.
(Sec. 3, Ord. 11-006, eff. July 7, 2011; Sec. 1, Ord. 11-014, eff. Nov. 18, 2011) 3-1.133 Provision for Bad Debts.

Whenever there are included within the gross receipts used to determine the business tax of a business under this chapter amounts which reflect sales for which credit is extended and such amounts prove uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected, they shall be included in the amount of gross receipts for the period when they are recovered. (Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-30, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011)
3-1.134 Duties of the Chief Financial Officer – Notice of Decisions.

It shall be the duty of the Chief Financial Officer to collect and receive all business taxes imposed by this chapter and to keep an accurate record thereof. Said Chief Financial Officer is hereby charged with the enforcement of this chapter, except as otherwise provided herein, and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this chapter, including provisions for the reexamination and correction of returns and payments. The Chief Financial Officer may prescribe the extent to which any ruling or regulation shall be applied without retroactive effect.

For good cause, the Chief Financial Officer may extend for not more than thirty (30) days the time for making any return payment of business tax.
(Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-31, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011)
3-1.135 Refund of Tax, Penalty or Interest Paid More Than Once or Erroneously or Illegally Collected. (a) No business tax collected under the provisions of this chapter shall be refundable or prorated in any manner, unless the business subject to the business tax:
(1) Establishes that it has paid the business tax more than once, the business tax was erroneously or illegally collected, or it has paid in excess of the correct amount; and (2) Files a claim with the City within one (1) year from the date of the payment in accordance with all applicable statutes, regulations and ordinances.
(b) If the claim for a refund is accepted by the City Council, the City may remit the entire amount to the business or credit the refund against any amounts then due and payable to the City from the business.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (c) No refund of any business tax or registration fee paid under this chapter shall be made by virtue of the discontinuance, dissolution, or other termination of a business. (Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-32, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 2, Ord. 96-001, eff. Mar. 19, 1996; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.136 Saving Clause.

The provisions of the ordinance codified in this chapter shall not apply to any person, association, corporation or to any property, as to whom or which it is beyond the power of the City Council to impose the business tax herein provided. If any sentence, clause, section or part of this chapter, or any business tax against any individual or any of the several groups specified herein, is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, section or part of this chapter and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this chapter. It is hereby declared that this chapter of the Emeryville Municipal Code would have been adopted had such unconstitutional, illegal, or invalid sentence clause, section or part thereof not been included. (Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-33, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011)
3-1.137 Examination of Books, Records, Witnesses – Information Confidential – Penalty.

The Chief Financial Officer or his or her authorized representative is hereby authorized to examine the books, papers and records of any person subject to this chapter for the purpose of verifying the accuracy of any return made, or, if no return was made, to ascertain the business tax due.

Every taxpayer or supposed taxpayer is hereby directed and required to furnish to the Chief Financial Officer, or his or her duly authorized representative, the means, facilities and opportunity for making such examination and investigations as are hereby authorized. The Chief Financial Officer is hereby authorized to examine any person, under oath, for the purpose of verifying the accuracy of any return made, or if no return was made, to ascertain the business tax or registration fees due under this chapter; and for this purpose may compel the production of books, papers and records and the attendance of all persons before him or her, whether as parties or witnesses, whenever he or she believes such persons have knowledge of such matters.

The refusal of such examination by an employer, or by a person subject or presumed to be subject to the provisions of this chapter, shall be deemed a violation of this chapter. (Ord. 84-011, eff. Dec. 18, 1984; Sec. 12-34, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011)
3-1.138 Violations.

In the exercise of the duties imposed upon him or her hereunder, and acting through his or her deputies or duly authorized representatives, the Chief Financial Officer shall examine or cause to be examined all places of business in the City of Emeryville to ascertain whether the provisions of this chapter have been complied with.

Any person so violating any provision of this chapter or knowingly or intentionally misrepresenting to any officer or employee of the City of Emeryville any material fact in procuring the certificate herein provided for shall be subject to administrative citation, as provided in Chapter 7 of Title 1 of this Code. . (Ord. 84-011, eff. Dec. 18, 1984, as amended by Sec. 12-35, Ord. 85-05(A), eff. May 7, 1985; Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.139 Exemption for Nonprofit Corporations, Associations, Etc.* * Editor’s Note: Before Ord. 90-18 repealed and replaced Sec. 3-1.139, its provisions derived from Ord. 84-011, as amended by Ord. 85-05(A), Sec. 12-36, and Ord. 87-010, Sec. 1.
(a) A tax-exempt institution, corporation or association organized or conducted for nonprofit purposes only, whose receipts are used solely for the benefit of such organization and not in whole or in part for the private gain of any person, shall pay a one (1) time initial registration fee pursuant to Section 3-1.109 and shall not pay any DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. BUSINESS TAXES*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. business tax. This exemption shall not apply to promoters employed by such nonprofit institutions, corporations or associations.
(b) Every institution, corporation, organization or association seeking an exemption pursuant to this section shall provide the Finance Department copies of forms submitted with the United States Internal Revenue Service and/or the State Franchise Tax Board establishing their tax-exempt status. (c) Any person claiming an exemption from the business tax imposed by this chapter by virtue of this section shall submit to the Finance Department a statement signed under penalty of perjury setting forth the facts necessary to establish such claim of exemption.
(Sec. 6, Ord. 90-18, eff. Jan. 3, 1991; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.140 A Business with Administrative Offices and Additional Warehouses Within the City.

A business with administrative offices and additional warehouses within the City shall pay a business tax based on the annual gross receipts of such business from all locations within the City pursuant to the tax rate set forth in Section 3-1.124, or based on the annual gross payroll, utilities, including PG&E and telecommunications, and depreciation and/or rent incurred at all office and warehouse locations within the City pursuant to tax rate set forth in Section 3-1.124, whichever is greater.
(Sec. 1, Ord. 87-010, eff. Dec. 17, 1987; Sec. 1 (part), Ord. 11-013, eff. Nov. 18, 2011) 3-1.141 Compliance with Minimum Wage, Paid Sick Leave, and Other Employment Standards.

Any person engaging in business in the City of Emeryville shall comply with the requirements of Chapters 37 and 39 of Title 5 as a condition of issuance of a business tax certificate. No person shall engage in business in the City of Emeryville without complying with the requirements of Chapters 37 and 39 of Title 5. (Sec. 3, Ord. 15-004, eff. July 2, 2015; Sec. 3 (part), Ord. 16-007, eff. July 1, 2017) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code Page 1/2
The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

Article 5. Utility Users’ Tax*
3-3.503 Constitutional, Statutory, and Other Exemptions. (a) Nothing in this Article shall be construed as imposing a tax upon any person or service when the imposition of such tax upon such person or service would be in violation of a federal or State statute, the Constitution of the United States or the Constitution of the State.
(b) Any service user that is exempt from the tax imposed by this Article pursuant to subsection (a) of this section shall file an application with the Tax Administrator for an exemption; provided, however, this requirement shall not apply to a service user that is a state or federal agency or subdivision with a commonly recognized name for such service. Said application shall be made upon a form approved by the Tax Administrator and shall state those facts, declared under penalty of perjury, which qualify the applicant for an exemption, and shall include the names of all utility service suppliers serving that service user. If deemed exempt by the Tax Administrator, such service user shall give the Tax Administrator timely written notice of any change in utility service suppliers so that the Tax Administrator can properly notify the new utility service supplier of the service user’s tax-exempt status. A service user that fails to comply with this section shall not be entitled to a refund of utility users’ taxes collected and remitted to the Tax Administrator from such service user as a result of such noncompliance.

The decision of the Tax Administrator may be appealed pursuant to Section 3-3.519 of this Article. Filing an application with the Tax Administrator and appeal to the City Manager pursuant to Section 3-3.519 of this Article is a prerequisite to a suit thereon.
(c) Residential Exemption.
(1) Eligibility. Any service user who is personally responsible for the payment of the utility services subject to this tax and who personally pays for those services shall be eligible for an exemption from the taxes imposed by this Article on service supplied to the service user’s residential living quarters if the aggregate gross income of all persons who share the service user’s residential living quarters does not exceed the sum of twelve thousand dollars ($12,000) per year. Only one (1) such residential exemption shall be allowed to any person.

The person in whose name the utility services are established with the utility companies will be deemed to be the person responsible for purposes of this section. The provisions of this exemption shall also apply to any individual who meets the criterion of disability, as established by the Social Security Administration’s Supplemental Income Program for the Aged, Blind and Disabled (Title XVI of the Social Security Act as amended).
(2) Application. Applications for exemption may be filed with the Tax Administrator at any time on such forms as may be provided.
(3) Effective Date. The application shall be approved or denied by the Tax Administrator within seventy-five (75) days of receipt.
(4) Contents of the Application. Applications shall be verified by declaration under penalty of perjury and shall contain such information and shall certify the service users as exempt if the eligibility requirements of subsection (a) of this section are met, except that no exemption shall be granted to a service user who is receiving service from a service supplied through a master meter and no exemption shall be granted with respect of any tax imposed by this Article which is or has been paid by a public agency or where the service user receives funds from a public agency specifically for the payment of such tax. (5) Notice to Service Supplier. If a service is certified as exempt, the Tax Administrator shall promptly notify the service user’s service suppliers stating the name of the service user, the address to which such exempt service is being supplied, the account number, if any, and such other information as may be necessary for the service supplier to remove the exempt service user from its tax billing procedure. (6) Discontinuance of Tax. Upon receipt of such notice, the service supplier shall within sixty (60) days discontinue billing the service user for taxes imposed by this Article, except as otherwise provided in subsection (c)(7) of this section.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code Page 2/2
The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (7) Prior Taxes to Be Collected. Taxes billed by the service supplier to the service user, prior to removing the service user from its tax billing procedure, shall be collected from the service user and the service user shall pay such taxes to the service supplier. Taxes billed to and paid by the service user who is eligible for exemption between the time when an application is submitted and when the service supplier removes the service user from its taxing procedure shall be refunded to the service user. (8) Duration of Exemption. Exemptions certified by the Tax Administrator shall continue so long as the facts supporting qualification for the exemption shall exist. The exemption will automatically terminate with any change in service address or residence of the exempt individual. The individual may apply for a new exemption with each change of address of residence.
(9) Duty to Disclose Disqualification. Any service user who has been exempted under this section shall notify the City within ten (10) days of any change in fact or circumstance that might disqualify the individual from receiving such exemption. It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code for any person to knowingly receive the benefit of the exemption provided by this section when the basis for such exemptions does not exist or ceases to exist.

Any service supplier who determines by any means that a new or nonexempt service user is receiving service through a meter or connection exempt by virtue of an exemption issued to a previous user or exempt user of the same meter or connection shall immediately notify the Tax Administrator of such fact and the Tax Administrator shall conduct an investigation to ascertain whether or not the provisions of this section have been complied with, and, when appropriate, order the service supplier to commence collecting the tax from the nonexempt service user.
(10) Audit by the Tax Administrator. The Tax Administrator shall have the power and right to demand evidence of continued eligibility of a service user for exemption under the provisions of this section. Such evidence may include, but need not be limited to, copies of business records, letter or statements from the Social Security Administration and State, County, City and private pension administrators or unemployment or welfare agencies, and such other evidence concerning the service user or other member of his or her household as may tend to prove or disprove such eligibility. Failure to provide such evidence as is within the control of a service user to provide, either directly or by consent of a member of the household, when such evidence is requested may be the basis for immediate discontinuance of the service user’s eligibility for exemption under the provisions of this section. Evidence provided to the Tax Administrator at the Tax Administrator’s request or voluntarily provided by the service user without the Tax Administrator’s request may not be used against such service user as evidence in violation of the provisions of this section. Such evidence may only be used as grounds for termination of the exemption herein provided. (Sec. 1 (part), Ord. 07-014, eff. Nov. 6, 2007) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 7. PERMITS AND LICENSES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 7.

PERMITS AND LICENSES
Sections:
3-7.01 Permits and Licenses: Title
3-7.02 Scope and Purpose
3-7.03 Definitions
3-7.04 Type of Fees
3-7.05 Fees Established
3-7.06 Payment Required
3-7.07 Permit Application
3-7.08 Contents of Permit
3-7.09 Permit Fees
3-7.10 Duties of Permittee
3-7.11 Permit Appeals
3-7.12 Penalties
3-7.13 Establishment of Hourly Rates
3-7.01 Permits and Licenses: Title.

This chapter shall be known as the “Master Fee Schedule of the City of Emeryville.” (Sec. 2, Ord. 89-006, eff. May 18, 1989)
3-7.02 Scope and Purpose.

The purpose of this chapter is to provide one (1) document that covers administrative costs, license and permit fees, and permit application and processing fees. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter. The fees provided herein shall apply in place of any earlier provision in any other section or chapter of this Code or any ordinance. The fees and charges for activities not specified in this chapter shall be as stated in the specific ordinances or parts of ordinances relating to those activities. Where this chapter imposes a greater restriction upon persons, premises, or activities than is imposed by such existing provisions of law, the provisions of this chapter shall control.
(Sec. 2, Ord. 89-006, eff. May 18, 1989)
3-7.03 Definitions.
(a) “Permit” or “permittee” shall mean a privilege granted by the Master Fee Schedule or elsewhere by law or ordinance and shall include the word “license” or “licensee.” (Sec. 2, Ord. 89-006, eff. May 18, 1989)
3-7.04 Type of Fees.

The following are the types of fees that are covered by this Master Fee Schedule:
(a) Permit or licensee fee, paid by the owner or operator of the activity or property for which such license or permit is required;
(b) Nonrefundable application fee, for the cost of processing an application. This type of fee shall only be charged when specified in this chapter or elsewhere in this Code. This fee is separate from and may be in addition to the license or permit fee;
(c) Nonrefundable investigation fee, for the cost of investigating whether the applicant is eligible for a license pursuant to the requirements of the license or permit. This fee shall only be charged when set forth in this chapter or elsewhere in this Code. This fee is separate from and may be in addition to the license or permit fee; DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 7. PERMITS AND LICENSES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (d) Administrative costs, for specified City services, including duplicating costs for public records. (Sec. 2, Ord. 89-006, eff. May 18, 1989)
3-7.05 Fees Established.

Fees charged to the public for various administrative and City services, and permits and licenses processed and granted by the City, shall be as set forth in the document entitled “City of Emeryville Master Fee Schedule,” which document shall be adopted, amended or revised by resolution of the City Council of the City of Emeryville, after conducting a public hearing thereon noticed in accordance with state law. (Sec. 2, Ord. 91-07, eff. Sept. 19, 1991; Sec. 2, Ord. 91-09, eff. Nov. 14, 1991; Sec. 2, Ord. 92-12, eff. Aug. 20, 1992; Sec. 2, Ord. 92-17, eff. Jan. 14, 1992; Sec. 2, Ord. 93-006, eff. July 1, 1993; Sec. 2, Ord. 94-008, eff. May 17, 1994; Sec. 2, Ord. 94-010, eff. July 7, 1994; Sec. 2, Ord. 95-005, eff. July 20, 1995; Sec. 2, Ord. 96-003, eff. June 6, 1996; Sec. 2, Ord. 96-007, eff. July 18, 1996; Sec. 2, Ord. 97-001, eff. Mar. 6, 1997; Sec. 2, Ord. 97-002, eff. June 5, 1997; Sec. 2, Ord. 97-005, eff. July 17, 1997; Sec. 2, Ord. 98-002, eff. Mar. 20, 1998; Sec. 2, Ord. 98-006, eff.

Sept. 4, 1998; Sec. 2, Ord. 99-001, eff. Apr. 17, 1999; Sec. 2, Ord. 99-005, eff. June 16, 1999; Sec. 2, Ord. 00-001, eff. May 5, 2000; Sec. 2, Ord. 00-004, eff. July 22, 2000; Sec. 2, Ord. 01-002, eff. Sept. 8, 2001; Sec. 2, Ord. 01-005, eff. Oct. 5, 2001; Sec. 2, Ord. 02-003, eff. May 3, 2002; Sec. 2, Ord. 02-011, eff. Sept. 8, 2002; Sec. 2, Ord. 02-012, eff. Sept. 8, 2002; Sec. 2, Ord. 03-012, eff. Sept. 4, 2003; Sec. 2, Ord. 03-014, eff. Nov. 6, 2003; Sec. 3, Ord. 04-001, eff. May 20, 2004; Sec. 2, Ord. 04-011, eff. Sept. 2, 2004; Sec. 2, Ord. 06-008, eff. Aug. 30, 2006) 3-7.06 Payment Required.

No person shall operate any business or activity for which the license or permit is required by this chapter until and unless the license or permit fee has been paid on behalf of that business or activity. No license or permit shall be issued until after payment of all applicable application or investigation fees. All fees shall be paid to the Finance Office, unless specifically stated otherwise elsewhere in this Code or other laws. (Sec. 2, Ord. 89-006, eff. May 18, 1989)
3-7.07 Permit Application.
(a) Form of Permit Application. The permit application shall be on a form prepared by the Finance Office, unless specified otherwise elsewhere in this Code. Such form shall include an affidavit by the applicant that the information is true and correct to the best of the applicant’s knowledge. (b) Contents of Permit Application. The contents shall include all information necessary to assure fair administration of the Master Fee Schedule and of the subject of the activity for which the permit or license is required. At a minimum, the application shall include the name of the applicant, the permit or license desired, the location where such permit shall be used, if any, the time period covered, and the amount of the fee. (Sec. 2, Ord. 89-006, eff. May 18, 1989)
3-7.08 Contents of Permit.
(a) The license or permit shall state upon its face the following:
(1) The name of the permittee and any other name under which the permittee or activity may be conducted; (2) The address of the permittee or activity so licensed; (3) The amount of the permit fee;
(4) The dates of issuance and expiration therefor;
(5) Such other information as may be needed for the proper guidance of the City officials in issuing the permit.
(b) Each permit or license issued shall bear the signature of the Finance Director or other City official charged with administration of the permit or license.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 7. PERMITS AND LICENSES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Sec. 2, Ord. 89-006, eff. May 18, 1989)
3-7.09 Permit Fees.

In the absence of any provision to the contrary, all fees and charges for licenses for services shall be paid in advance at the time application therefor is made to the City. Unless specified otherwise, if the applicant commences the activity during the current license year, all permit fees or charges for services shall be prorated by quarters or fractions thereof. The permittee or applicant shall pay all fees for each quarter or fraction thereof during which the activity is or will be conducted. Except as otherwise provided, all fees shall become part of the City’s General Fund. (Sec. 2, Ord. 89-006, eff. May 18, 1989)
3-7.10 Duties of Permittee.
(a) The permittee shall post and maintain the permit or license in a prominent place on the site where the permitted activity shall occur.
(b) No licensed or permitted activity shall be conducted in a manner that constitutes a nuisance in fact. (c) The permittee shall admit onto the site any officer or employee of the City authorized to perform inspections at any reasonable time admission is requested for the purposes of assuring compliance with the permit or license, detecting violations thereof, or performing inspections as provided or required by the ordinance. (Sec. 2, Ord. 89-006, eff. May 18, 1989)
3-7.11 Permit Appeals.

Any decision concerning the denial, suspension, revocation or other action taken pursuant to this chapter may be appealed pursuant to the provisions of Chapter 4 of Title 1 of this Code, unless specific procedures for specific licenses are set forth elsewhere in other ordinances or laws. (Sec. 2, Ord. 89-006, eff. May 18, 1989)
3-7.12 Penalties.

In the absence of any provision to the contrary elsewhere in this Code, any person who violates the terms of this Master Fee Schedule shall be deemed to be subject to administrative citation under Chapter 7 of Title 1 of this Code. .
(Sec. 2, Ord. 89-006, eff. May 18, 1989)
3-7.13 Establishment of Hourly Rates.

The fees for permits and licenses identified in the City of Emeryville Master Fee Schedule, which are based on cost, shall be computed on the actual time spent on the permit or license by City staff times the hourly rate established for that person’s time. The City Manager shall establish the hourly rates for the services of City staff spent on such permits or licenses charged at cost. The City Manager shall review these hourly rates on an annual basis and make any necessary adjustments thereto. The City Manager shall determine the amount of the initial deposit for categories indicated “subject to project” based on an estimate of the time required to process that application. All unexpended funds from the initial deposit shall be returned to the applicant within ninety (90) days of the date of final action on the project.
(Sec. 3, Ord. 90-5, eff. Aug. 9, 1990, as amended by Sec. 2, Ord. 92-06, eff. Mar. 5, 1992) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 2. EMERGENCY PLANS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 2.

EMERGENCY PLANS
Sections:
4-2.01 Purpose
4-2.02 Emergency Defined
4-2.03 Emergency Organization – Membership
4-2.04 Emergency Plan
4-2.05 Disaster Council Creation and Membership
4-2.06 Disaster Council Powers and Duties
4-2.07 Offices and Officers Created
4-2.08 Officers – Powers and Duties
4-2.09 Compliance with the California Emergency Services Act 4-2.10 Expenditures
4-2.11 Violations: Infraction and Misdemeanor
4-2.12 Repeal of Conflicting Ordinances
4-2.01 Purpose.

The purpose of this chapter is to provide for: the preparation and execution of plans for the protection of persons and property within the City in the event of an emergency or disaster; the direction of the emergency organization; and the coordination of the emergency functions of the City with other public agencies and affected private persons, corporations and organizations.
(Sec. 2 (part), Ord. 17-008, eff. Aug. 10, 2017)
4-2.02 Emergency Defined.

As used in this chapter, “emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions including but not limited to air pollution, toxic release, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or imminent threat of war or other acts of civil unrest, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat or resolve.
(Sec. 2 (part), Ord. 17-008, eff. Aug. 10, 2017)
4-2.03 Emergency Organization – Membership.

All appointed City officials and employees of the City and management of Emeryville Services Authority, together with those volunteer forces enrolled to aid them during an emergency; and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 4-2.08(a)(5), be charged with duties incident to the protection of life and property during such emergency, shall constitute the Emergency Organization of the City of Emeryville. (Sec. 2 (part), Ord. 17-008, eff. Aug. 10, 2017)
4-2.04 Emergency Plan.

The City of Emeryville Disaster Council shall be responsible for the approval of the emergency plan, which plan shall provide for the effective mobilization of all of the resources of this jurisdiction, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council.
(Sec. 2 (part), Ord. 17-008, eff. Aug. 10, 2017)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 2. EMERGENCY PLANS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 4-2.05 Disaster Council Creation and Membership.

The City of Emeryville Disaster Council is hereby created and the City Council for the City of Emeryville shall serve as the Disaster Council. The Mayor shall be chair of the Disaster Council, and the Vice Mayor shall be vice chair of the Disaster Council.
(Sec. 2 (part), Ord. 17-008, eff. Aug. 10, 2017)
4-2.06 Disaster Council Powers and Duties.

It shall be the duty of the Disaster Council, and it is hereby empowered, to meet as appropriate, to review and approve emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. (Sec. 2 (part), Ord. 17-008, eff. Aug. 10, 2017)
4-2.07 Offices and Officers Created.
(a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
(b) There are hereby created the offices of Assistant Director of Emergency Services and the Emergency Services Coordinator. The Director of Emergency Services shall appoint the Assistant Director of Emergency Services and Emergency Services Coordinator.
(Sec. 2 (part), Ord. 17-008, eff. Aug. 10, 2017)
4-2.08 Officers – Powers and Duties.
(a) The Director of Emergency Services is hereby empowered to:
(1) Request the City Council to proclaim the existence or threatened existence of an emergency or to proclaim an emergency in the absence of the City Council. Whenever an emergency is proclaimed by the Director of Emergency Services, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect. (2) Request the Governor to proclaim a “state of emergency” when, in the opinion of the Director of Emergency Services, the circumstances are beyond the City of Emeryville’s capacity to adequately respond to or recover from the emergency.
(3) Direct cooperation between and coordination of services and staff of the Disaster Council; and resolve questions of authority and responsibility that may arise between them. (4) Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
(5) In the event of the proclamation of an emergency, the proclamation of a state of emergency by the Governor, or the existence of a state of war emergency, the Director of Emergency Services is hereby empowered:
(i) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
(ii) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the jurisdiction for the fair value thereof and, if required immediately, to commandeer the same for public use;
(iii) To require services of any officer or employee and, in the event of the proclamation of a “state of emergency” in Alameda County or the state or the existence of a “state of war emergency,” to command the aid of as many citizens of this community as deemed necessary in the execution of duties; such DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 2. EMERGENCY PLANS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster services workers;
(iv) To requisition necessary personnel or material of the departments or agencies; and (v) To execute all ordinary power as City Manager, all of the special powers conferred by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred by any statute, by any agreement approved by the City Council, and by any other lawful authority. (b) The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director of Emergency Services is unavailable to attend meetings and otherwise perform duties during an emergency.
(c) The Assistant Director of Emergency Services and Emergency Services Coordinator shall, under the supervision of the Director of Emergency Services and with the assistance of other personnel:
(1) Develop emergency plans and maintain the emergency programs in a constant state of readiness for this jurisdiction;
(2) Ensure that the City of Emeryville emergency operations plan is exercised in a regular and timely manner; be responsible for the condition and state of readiness of the emergency operations center; (3) Perform such other related duties as directed; and
(4) Have such other powers and duties as may be assigned by the Director of Emergency Services. (Sec. 2 (part), Ord. 17-008, eff. Aug. 10, 2017)
4-2.09 Compliance with the California Emergency Services Act.

The City of Emeryville Disaster Council shall comply with the California Emergency Services Act (California Government Code section 8551 et seq.).
(Sec. 2 (part), Ord. 17-008, eff. Aug. 10, 2017)
4-2.10 Expenditures.

Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Emeryville. (Sec. 2 (part), Ord. 17-008, eff. Aug. 10, 2017)
4-2.11 Punishment of Violations.

It shall be an infraction, punishable with a first conviction by a fine of not more than one hundred dollars ($100.00), for a second conviction within a period of one (1) year by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one (1) year by a fine of not more than four hundred dollars ($400.00), after the third conviction, any repeat violation within one (1) year may be charged as a misdemeanor .for any person, during an emergency, to:
(a) Willfully obstruct, hinder, or delay any member of the Emergency Organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon such member by virtue of this chapter.
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or imperil the lives or property of inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof. (c) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the City or State.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 2. EMERGENCY PLANS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Sec. 2 (part), Ord. 17-008, eff. Aug. 10, 2017)
4-2.12 Repeal of Conflicting Ordinances.

This chapter shall be considered a revision and continuation of the chapter repealed by the enacting ordinance, and the status of volunteers shall not be affected by such repeal; nor shall plans and agreements, rules and regulations, or resolutions adopted pursuant to such repealed chapter be affected by such repeal until amended, modified, or superseded as provided in this chapter.
(Sec. 2 (part), Ord. 17-008, eff. Aug. 10, 2017)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 12. EMERGENCY MEDICAL SERVICES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 12.

EMERGENCY MEDICAL SERVICES
Sections:
4-12.01 Definitions
4-12.02 Compliance with Alameda County Ordinance
4-12.03 City Liability
4-12.04 Penalty for Violations
4-12.01 Definitions.
(a) “Basic life support ambulance service” or “BLS” means the service performed in response to a nonemergency call. Specifically, first aid and cardiopulmonary resuscitation (CPR) procedures that, at a minimum, include recognizing respiratory and cardiac arrest and starting the proper application of an automatic external defibrillator (AED) and CPR to maintain life without invasive techniques until the victim may be transported or until advanced life support is available.
(b) “Critical care transport” or “CCT” means any emergency or nonemergency transport of a patient where the skill level required in the care of that patient during transport requires, or may require, care with the CCT-paramedic or CCT-RN scope of practice.
(Sec. 2 (part), Ord. 08-006, eff. Oct. 2, 2008)
4-12.02 Compliance with Alameda County Ordinance.

Every company based in the City of Emeryville which provides basic life support ambulance service or critical care transport, and every company which provides basic life support ambulance service or critical care transport within the City of Emeryville shall comply with the provisions of Chapter 6.114 of Title 6 of the Ordinance Code of the County of Alameda, as it now exists and as it may be amended in the future. (Sec. 2 (part), Ord. 08-006, eff. Oct. 2, 2008)
4-12.03 City Liability.

Unless expressly agreed in writing, the City of Emeryville and its officers and employees shall not be liable for any costs or charges associated with compliance with this chapter of the rules or regulations promulgated hereunder. (Sec. 2 (part), Ord. 08-006, eff. Oct. 2, 2008)
4-12.04 Penalty for Violations.

Any violation of the provisions of this chapter shall be subject to administrative citation, as set forth in Chapter 7 of Title 1 of this Code.
(Sec. 2 (part), Ord. 08-006, eff. Oct. 2, 2008)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ABANDONED VEHICLES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 1.

ABANDONED VEHICLES
Sections:
5-1.01 Findings and Determinations
5-1.02 Definitions
5-1.03 Exceptions
5-1.04 Effect of Other Laws
5-1.05 Administration and Enforcement
5-1.06 Right of Entry of Certain Persons
5-1.07 Administrative Costs
5-1.08 Abatement and Removal: Hearings: Notices
5-1.09 Abatement and Removal: Hearings: Determinations
5-1.10 Abatement and Removal: Hearings: Determinations: Appeals 5-1.11 Removal
5-1.12 Removal: Notices
5-1.13 Assessment of Costs
5-1.14 Violations: Abandonment
5-1.15 Violations: Failure to Remove or Abate
5-1.01 Findings and Determinations.

In addition to and in accordance with the determination made and the authority granted by the State pursuant to the provisions of Section 22660 of the Vehicle Code of the State to remove abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, as public nuisances, the Council hereby makes the following findings and declarations: the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, on private or public property, including highways, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety, and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private or public property, including highways, except as expressly permitted by the provisions of this chapter, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Sec. 13.100, E.T.C., as added by Ord. 67-013; as amended by Ord. 94-006, eff. June 2, 1994) 5-1.02 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Highway” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. “Highway” shall include street. (b) “Public property” shall not include “highway.”
(c) “Vehicle” shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. (Sec. 13.100, E.T.C., as added by Ord. 67-013)
5-1.03 Exceptions.

The provisions of this chapter shall not apply to:
(a) A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where the vehicle is not visible from the street or other public or private property; or DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ABANDONED VEHICLES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (b) A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.

The provisions of this section shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code of the State and this chapter.
(Sec. 13.101, E.T.C., as added by Ord. 67-013)
5-1.04 Effect of Other Laws.

The provisions of this chapter shall not be the exclusive regulation of abandoned, wrecked, dismantled, or inoperative vehicles within the City. The provisions of this chapter shall supplement and be in addition to the other regulatory Codes, statutes, and laws enacted by the City, the State, or any other legal entity or agency having jurisdiction.
(Sec. 13.102, E.T.C., as added by Ord. 67-013)
5-1.05 Administration and Enforcement.

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Chief of Police or one (1) or more of his duly authorized deputies. In the enforcement of the provisions of this chapter, the Chief of Police and his deputies may enter upon private or public property to examine a vehicle, or parts thereof, or to obtain information as to the identity of a vehicle and to remove, or cause the removal of, a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this chapter. (Sec. 13.103, E.T.C., as added by Ord. 67-013)
5-1.06 Right of Entry of Certain Persons.

When the Council has contracted with, or granted a franchise to, any person, such person shall be authorized to enter upon private or public property to remove, or cause the removal of, a vehicle, or parts thereof, declared to be a nuisance pursuant to the provisions of this chapter.
(Sec. 13.104, E.T.C., as added by Ord. 67-013)
5-1.07 Administrative Costs.

The Council, from time to time, shall determine and fix an amount to be assessed as administrative costs, excluding the actual costs of the removal of any vehicle, or parts thereof, for the purposes of administering the provisions of this chapter.
(Sec. 13.105, E.T.C., as added by Ord. 67-013)
5-1.08 Abatement and Removal: Hearings: Notices.

A public hearing shall be held on the question of the abatement and removal of a vehicle, or parts thereof, as an abandoned, wrecked, dismantled, or inoperative vehicle and the assessment of the administrative costs and the costs of the removal of the vehicle, or parts thereof, against the property on which the vehicle, or parts thereof, is located.

Notice of such hearing shall be mailed at least ten (10) days before the hearing by certified mail, with a five (5) day return requested, to the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If any of such notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten (10) days after the date of such return.

Notice of such hearing shall also be given to the Highway Patrol of the State identifying the vehicle, or parts thereof, proposed for removal. Such notice shall be mailed at least ten (10) days prior to the public hearing. (Secs. 13.106 and 13.107, E.T.C., as added by Ord. 67-013) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ABANDONED VEHICLES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 5-1.09 Abatement and Removal: Hearings: Determinations.

All hearings held pursuant to the provisions of this chapter, except as otherwise set forth in Section 5-1.10 of this chapter, shall be held before the Chief of Police who shall hear all facts and testimony he deems pertinent. Such facts and testimony may include testimony on the condition of the vehicle, or parts thereof, and the circumstances concerning its location on private or public property. The Chief of Police shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing, or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

The Chief of Police may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter. He may delay the time for the removal of the vehicle, or parts thereof, if, in his opinion, the circumstances so justify. At the conclusion of the public hearing, the Chief of Police may find that a vehicle, or parts thereof, has been abandoned, wrecked, dismantled, or is inoperative on private or public property, order the same removed from the property as a public nuisance and disposed of as provided in this chapter, and determine the administrative costs and the costs of removal to be charged against the owner of the parcel of land on which the vehicle, or parts thereof, is located. The order requiring removal shall include a description of the vehicle, or parts thereof, and the correct identification number and license number of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently consented to the presence of the vehicle on his land, the Chief of Police shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

If an interested party makes a written presentation to the Chief of Police but does not appear, such interested person shall be notified in writing of the decision.
(Sec. 13.108, E.T.C., as added by Ord. 67-013)
5-1.10 Abatement and Removal: Hearings: Determinations: Appeals Any interested party may appeal the decision of the Chief of Police by filing a written notice of appearance with the Chief of Police within five (5) days after his decision.

The City Clerk shall give written notice of the time and place of the hearing to the appellant and those persons set forth in Section 5-1.08 of this chapter.

Such appeal shall be heard by the Council, which may affirm, amend, or reverse the order or take other action deemed appropriate. In conducting the hearing the Council shall not be limited by the technical rules of evidence. (Sec. 13.109, E.T.C., as added by Ord. 67-013)
5-1.11 Removal.

Five (5) days after the adoption of the order declaring the vehicle, or parts thereof, to be a public nuisance, or five (5) days after the date of the mailing of the notice of the decision, if such notice is required by the provisions of Section 5-1.09 of this chapter, or fifteen (15) days after such action of the Council authorizing removal following an appeal, the vehicles, or parts thereof, may be disposed of by removal to a scrap yard or automobile dismantler’s yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. (Sec. 13.110, E.T.C., as added by Ord. 67-013)
5-1.12 Removal: Notices.

Within five (5) days after the date of the removal of the vehicle, or parts thereof, notice shall be given to the Department of Motor Vehicles of the State identifying the vehicle, or parts thereof, removed. At the same time there shall be transmitted to the Department of Motor Vehicles of the State any evidence of registration available, including registration certificates, certificates of title, and license plates. (Sec. 13.111, E.T.C., as added by Ord. 67-013)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ABANDONED VEHICLES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 5-1.13 Assessment of Costs.

If the administrative costs and the costs of removal which are charged against the owner of a parcel of land pursuant to the provisions of Section 5-1.09 of this chapter are not paid within thirty (30) days after the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to the provisions of Section 38773.5 of the Government Code of the State and shall be transmitted to the Tax Collector for collection. Such assessment shall have the same priority as other City taxes. (Sec. 13.112, E.T.C., as added by Ord. 67-013)
5-1.14 Violations: Abandonment.

It shall be a violation of the Emeryville Municipal Code for any person to abandon, park, store, or leave, or permit the abandonment, parking, storing, or leaving of, any licensed or unlicensed vehicle, or parts thereof, which is in an abandoned, wrecked, dismantled, or inoperative condition upon any private or public property, not including highways, within the City for a period in excess of ten (10) days, unless such vehicle, or parts thereof, is completely enclosed within a building in a lawful manner where such vehicle, or parts thereof, is not plainly visible from the street or other private or public property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a junkyard. (Sec. 13.113, E.T.C., as added by Ord. 67-013)
5-1.15 Violations: Failure to Remove or Abate.

It shall be a violation of the Emeryville Municipal Code for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, or to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or State laws where such State laws are applicable. (Sec. 13.114, E.T.C., as added by Ord. 67-013)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 3. AIR POLLUTION

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 3.

AIR POLLUTION
Sections:
5-3.01 Emissions: Measurement
5-3.02 Emissions: Smoke: Limitations
5-3.03 Emissions: Soot, Coal Dust, and Cinders: Limitations 5-3.04 Steam Boilers, Locomotives and Furnaces: Certificates 5-3.05 Steam Boilers and Furnaces: Specifications
5-3.06 Steam Boilers and Furnaces: Maintenance
5-3.07 Building Inspector: Enforcement Duties
5-3.08 Exceptions
5-3.09 Violations: Responsibility
5-3.01 Emissions: Measurement.

For the purpose of regulating the discharge of smoke from smokestacks, chimneys, flues, or other structures or appliances from which smoke is discharged, and for the purpose of determining by a comparison the degree of the darkness of smoke so discharged, a color scale for the measurement thereof is hereby adopted as follows: One thickness of gray glass of sufficient density to cut off sixty percent (60%) of the light from a flame having a lighting power of sixteen (16) candles shall be taken as the basis of such scale, and four (4) thicknesses of such glass shall be known and designated as “No. 1 Scale.”
(Sec. 1, Ord. 227, thereafter codified in Sec. 23.1, E.T.C.) 5-3.02 Emissions: Smoke: Limitations.

It shall be a violation of the Emeryville Municipal Code for any person to cause, permit, or allow black, gray, yellow, or any other smoke of a greater degree of darkness than No. 1 Scale, as set forth in Section 5-3.01 of this chapter, to issue or be discharged from any smokestack, chimney, flue, or other structure or appliance used for the discharge of smoke, or from which smoke is discharged, for a period of more than, or for periods aggregating more than ten (10) minutes in any one (1) hour of the day or night. The discharge of such dense smoke for a period of more than, or for periods aggregating more than, ten (10) minutes in any hour of the day or night shall be punishable as set forth in Chapter 2 of Title 1 of this Code.
(Sec. 2, Ord. 227, thereafter codified in Sec. 23.2, E.T.C., as amended by Ord. 81-06, eff. November 19, 1981) 5-3.03 Emissions: Soot, Coal Dust, and Cinders: Limitations.

The emission of soot, coal dust, or cinders from any smokestack, chimney, flue, or other structure or appliance used for the discharge of smoke, or from which smoke is discharged, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.
(Sec. 3, Ord. 227, thereafter codified in Sec. 23.3, E.T.C., as amended by Ord. 81-06, eff. November 19, 1981) 5-3.04 Steam Boilers, Locomotives and Furnaces: Certificates.

Before any person shall construct, set in place, maintain, or alter any steam boiler, locomotive, or furnace, such person shall make a written application at the office of the Building Inspector for a certificate for such purpose. Such application shall set forth the style and dimensions of such boiler or furnace, together with the height and size of the stack or chimney, and the methods or device proposed to be adopted for preventing the discharge therefrom of any dense smoke, as set forth in Section 5-3.02 of this chapter, or the emission therefrom of any soot, coal dust, or cinders, as set forth in Section 5-3.03 of this chapter. Any person who proceeds in such construction, erection, or alteration without such certificate shall be deemed guilty of a violation of the provisions of this chapter. (Sec. 6, Ord. 227, thereafter codified in Sec. 23.6, E.T.C., as amended by Ord. 81-06, eff. November 19, 1981) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 3. AIR POLLUTION

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 5-3.05 Steam Boilers and Furnaces: Specifications.

Every steam boiler or other furnace used within the City in which bituminous coal, distillate, crude oil, or so-called “carbon briquettes” are burned as fuel shall be so constructed or altered or have attached thereto such efficient preventives as shall prevent the production and emission or discharge therefrom of dense smoke, as set forth in Section 5-3.02 of this chapter, or of soot, coal dust, or cinders, as set forth in Section 5-3.03 of this chapter. It shall be unlawful for any person, being the owner or lessee or having the charge or control of any such steam boiler or other furnace, to use or permit the use of such steam boiler or furnace which shall not be so constructed or, if already constructed, which shall not be so altered or shall not have attached thereto such efficient smoke preventives in good and efficient order and operation.
(Sec. 8, Ord. 227, thereafter codified in Sec. 23.8, E.T.C.) 5-3.06 Steam Boilers and Furnaces: Maintenance.

Every person having charge of igniting, feeding, stoking, or attending to any steam boiler or other furnace, or any smoke preventive attached thereto, shall so ignite, stoke, feed, or attend such boiler or furnace fire, and shall keep such furnace and smoke preventives attached thereto in good and efficient order, so that dense smoke, as set forth in Section 5-3.02 of this chapter, shall not be produced or discharged therefrom and so that soot, coal dust, or cinders, as set forth in Section 5-3.03 of this chapter, shall not be emitted therefrom. (Sec. 9, Ord. 227, thereafter codified in Sec. 23.9, E.T.C.) 5-3.07 Building Inspector: Enforcement Duties.

The Building Inspector, in the course of his duties as an employee of the City, shall have authority to:
(a) Supervise and require all steam boilers or other furnaces, either stationary or locomotive, to be so constructed, or, if already constructed, to be so altered or have attached thereto such efficient smoke preventives, as to comply with the provisions of Section 5-3.02 of this chapter;
(b) Supervise the igniting, stoking, feeding, and attending of such steam boiler or other furnace fires and, in the performance of such duties, to enter any steam boiler, engine room, or building not occupied exclusively as a private residence;
(c) Personally inspect all stacks, chimneys, and other appliances for the escape of smoke and make complaints against persons violating the provisions of this chapter; and (d) Enter at all reasonable times any and all premises from which dense smoke, as set forth in Section 5-3.02 of this chapter, is discharged or from which soot, coal dust, or cinders, as set forth in Section 5-3.03 of this chapter, are emitted, or where any such boiler, furnace, or engine is located for the purpose of making an examination as to the cause of the discharge of such dense smoke, or the emission of such soot, coal dust, or cinders, and for the purpose of ascertaining the kind and character of fuel used, the manner of using such fuel, and any other fact showing compliance with, or violations of the provisions of, this chapter. Such officer, whenever requested by the Council so to do, shall make a detailed report to the Council of any such examination, showing all facts ascertained thereby. (Secs. 4, 5 and 10, Ord. 227, thereafter codified in Secs. 23.4, 23.5 and 23.10, E.T.C.) 5-3.08 Exceptions.

The provisions of this chapter shall not apply to buildings used exclusively for private residences. (Secs. 2 and 3, Ord. 227, thereafter codified in Secs. 23.2 and 23.3, E.T.C.) 5-3.09 Violations: Responsibility.

The owner, agent, lessee, occupant, or, in the event such owner, agent, lessee, or occupant is a corporation, the president, general manager, and superintendent of such corporation, as well as such corporation itself, of any building or structure of any description which shall emit or discharge from the smokestack, chimney, or flue thereof dense smoke, as set forth in Section 5-3.02 of this chapter, or soot, coal dust, or cinders, as set forth in Section 5-3.02 of this chapter, and the person having charge shall severally be subject to administrative citation, as provided by Chapter 7 of Title 1 of this Code.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 3. AIR POLLUTION

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Sec. 7, Ord. 227, thereafter codified in Sec. 23.7, E.T.C., as amended by Ord. 81-06, eff. November 19, 1981) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 11.

MASSAGE ESTABLISHMENTS*
* Editor’s Note: Prior to being entirely amended by Sec. 2 of Ord. 12-012, Chapter 11 of Title 5, on massage establishments, was derived from E.T.C. Secs. 12.100 through 12.127 as added by Ord. 72-03, and as amended by Secs. 11, 12 and 13 of Ord. 89-006, Sec. 23 of Ord. 397, as amended by Sec. 2 of Ord. 456 and thereafter codified as E.T.C. Sec. 12.35, as amended by Ord. 76-09, and Sec. 3 of Ord. 90-10, as amended by Ord. 95-004.

Sections:
5-11.01 Definitions
5-11.02 Certification by California Massage Therapy Council Required for Practitioners 5-11.03 Certified Massage Practitioners – City Registration Certificate Required 5-11.04 Operation of Massage Establishment – Certified Massage Establishment Certificate or Operator’s Permit Required
5-11.05 Operation of Certified Massage Establishment – Certificate Required 5-11.06 Regulations Applicable to Operation of Massage Establishment Other Than Certified Massage Establishment – Operator’s Permit Required
5-11.07 Massage Establishment Inspection
5-11.08 Requirements for All Massage Establishment Facilities and Operations 5-11.09 Change of Business Name or Location
5-11.10 Sale or Transfer of Massage Establishment or Ownership Interest Therein 5-11.11 Grounds for Revocation or Suspension of Operator’s Permit or Certified Massage Establishment Certificate
5-11.12 Business License Required
5-11.13 Exemptions
5-11.14 Violations a Public Nuisance – Penalties, Nuisance Abatement, and Other Remedies 5-11.01 Definitions.

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases used in this chapter are defined as follows:
(a) “California Massage Therapy Council” means the Massage Therapy Organization formed pursuant to California Business and Professions Code commencing with Section 4600. (b) “Certified massage establishment” means a massage establishment, including, but not limited to, a sole proprietorship, where each massage establishment owner and each person employed or retained to practice massage therapy for compensation as defined in Section 5-11.04(b) is a certified massage practitioner. (c) “Certified massage practitioner” means any individual certified by the California Massage Therapy Council as a certified massage practitioner or as a certified massage therapist pursuant to California Business and Professions Code Sections 4600, et seq.
(d) “Chair massage” means massage given to a person who is fully clothed and sitting upright on a professional bodywork seat, a stool or office seat, wheelchair or other mobility device, or other chair-like device. (e) “Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
(f) “Incidental service” means that no more than twenty-five percent (25%) of the business’ revenue is derived from massage or no more than twenty-five percent (25%) of the floor space is devoted to massage. (g) “Inspector” means the person or persons designated by the permit authority to conduct any inspections required or permitted under this chapter.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (h) “Massage,” “massage therapy,” and/or “bodywork” for purposes of this chapter are used interchangeably and shall mean the skillful application of touch, including, but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body, by a practitioner to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation. (i) “Massage establishment” shall include the term “massage and/or bodywork office or establishment,” and means any business or establishment that offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the patron. Any business or establishment that offers any combination of massage therapy and bath facilities including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs shall be deemed a massage establishment under this chapter. (j) “Massage establishment owner” or “owner of a massage establishment” shall mean and include any of the following persons:
(1) The sole proprietor of a sole proprietorship operating a massage establishment. (2) Any general partner of a general or limited partnership that owns a massage establishment. (3) Any person who has a ten percent (10%) or greater ownership interest in a corporation that owns a massage establishment.
(4) Any person who is a member of a limited liability company that owns a massage establishment. (5) All owners of any other type of business association that owns a massage establishment. (k) “Nonmassage business” means a business where the practice of massage is not the principal activity of the business but is an incidental service and subordinate to the principal activity. (l) “Operator’s permit” means the permit required by this chapter to operate a massage establishment. (m) “Operator” or “massage establishment operator” mean any and all owners of a massage establishment. (n) “Outcall massage service” means the engaging in or carrying on of massage therapy for compensation at a location other than a massage establishment that has been permitted pursuant to this chapter. (o) “Permit authority” means the Chief of Police or his or her designee charged with the administration of this chapter.
(p) “Person” means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.
(q) “Reception and waiting area” means an area immediately inside the front door of the massage establishment dedicated to the reception and waiting of patrons of the massage establishment and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services. (r) “Sole proprietorship” for purposes of this chapter shall mean and include any legal form of business organization where the business owner (sometimes referred to as the “sole proprietor”) is the only person employed by that business to provide massage services.
(s) “Visitor” means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing governmental business.
(Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 5-11.02 Certification by California Massage Therapy Council Required for Practitioners.

On and after effective date of the ordinance codified in this chapter, it shall be a violation of the Emeryville Municipal Code for any individual to practice massage therapy for compensation within the City unless that individual is a certified massage practitioner as defined in Section 5-11.01(c). (Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
5-11.03 Certified Massage Practitioners – City Registration Certificate Required.

Any certified massage practitioner practicing massage therapy for compensation within the City of Emeryville (“City”) shall be required to register with the permit authority as provided in this section. There shall be no fee for the registration application or certificate, or any amendment thereof. (a) The registration application shall include the registrant’s name, residence address and telephone number, employer’s name, work address and telephone number, and evidence of the registrant’s current certification from the California Massage Therapy Council as either a certified massage practitioner or as a certified massage therapist pursuant to California Business and Professions Code Sections 4600, et seq. (b) Upon registration, the permit authority shall issue the registrant a City registration certificate, valid for one (1) year. Upon application by the registrant, the City registration certificate shall be renewed annually by registrant if the certified massage practitioner intends or is practicing massage therapy for compensation within the City. (c) The certified massage practitioner shall apply to the City to amend the City registration certificate within thirty (30) days after any change in the registration information, including, but not limited to, a change in work address.
(Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
5-11.04 Operation of Massage Establishment – Certified Massage Establishment Certificate or Operator’s Permit Required.
(a) It shall be a violation of the Emeryville Municipal Code for any person or persons to operate a massage establishment within the City without first obtaining a certified massage establishment certificate or an operator’s permit pursuant to the requirements of this chapter.
(b) It shall be a violation of the Emeryville Municipal Code for any massage establishment operator within the City to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage for compensation on the premises of a massage establishment, unless that person is a certified massage practitioner. For purposes of this chapter, a massage establishment operator “employs or retains” a person to practice massage therapy for compensation when:
(1) That person is a directly paid employee of the massage establishment; or (2) That person’s association with a massage establishment is that of an independent contractor who receives compensation for massage therapy provided to patrons of the massage establishment; or (3) That person receives a referral of patrons from the massage establishment and, at any time before or after the referral, arranges in any way for compensation to flow to the massage establishment operator (regardless of whether the parties involved acknowledge that compensation is flowing in exchange for the referral, or whether such parties record such compensation in their financial records). (c) Certified massage establishment certificates or operator’s permit(s) issued pursuant to the requirements of this chapter are nontransferable.
(Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
5-11.05 Operation of Certified Massage Establishment – Certificate Required.

No certified massage establishment shall operate within the City without first obtaining a certified massage establishment certificate under this section.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (a) Application for Certified Massage Establishment Certificate. All owners of the certified massage establishment, or their duly authorized agent, shall file an application for a certified massage establishment certificate for the massage establishment, on a form provided by the permit authority. For purposes of this section, the “applicant” for the certified massage establishment certificate shall refer to and include each and every owner of the massage establishment. The application shall include the following information:
(1) The name, address, and telephone number of the massage establishment; (2) The name, residence address and telephone number, and business address and telephone number of the massage establishment owner(s) applying for the certified massage establishment certificate; (3) The form of business under which the applicant will be conducting the massage establishment, i.e., corporation, general or limited partnership, limited liability company, or other form. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than ten percent (10%) of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners.

If one (1) or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one (1) or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable;
(4) The name and address of the owner of the real property upon, in, or from which the certified massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner’s property; (5) A description of the proposed massage establishment, including the type of treatments to be administered;
(6) For each person that the massage establishment does or will employ or retain to perform massage therapy for compensation, a copy of that person’s current certification from the California Massage Therapy Council as a certified massage practitioner or as a certified massage therapist and a copy of that person’s California Massage Therapy Council issued identification card; and (7) For each owner of the certified massage establishment, a copy of that person’s current certification from the California Massage Therapy Council as a certified massage practitioner or as a certified massage therapist and a copy of that person’s California Massage Therapy Council issued identification card. (b) Application Fee. There shall be no fee to apply for the certified massage establishment certificate. (c) Massage Establishment Facilities and Operations – Requirements for Certified Massage Establishment. A certified massage establishment shall comply with the requirements of Section 5-11.08, with the following exceptions:
(1) Sole Proprietorship. The provisions of Sections 5-11.08(a)(2) and (b)(1) through (b)(3) shall not apply to a certified massage establishment which is a sole proprietorship, even if that sole proprietorship is located in a suite of offices with other businesses.
(2) Home Occupation. Where a certified massage establishment is a home occupation, permitted in accordance with Article 5 of Chapter 4 of Title 9, the provisions of Sections 5-11.08(a)(2), (b)(1) through (3) and (b)(5) shall not apply, and the portions of the residence subject to the requirements of Sections 5-11.08(b) and (c) shall be only those portions that are used at any time by the patron of the massage establishment.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (d) Certified Massage Establishment Certificate – Issuance – Notice to Property Owner. (1) The permit authority shall grant a certified massage establishment certificate to an applicant who has satisfied the requirements of this section and all other applicable laws, including, but not limited to, the City’s building, zoning, and health regulations.
(2) Where the applicant is not the record owner, as shown on the latest County assessment roll, of the property upon, in, or from which the certified massage establishment is to be operated, then upon issuance of a certified massage establishment certificate, the permit authority may send a written notice to the property owner advising of the issuance of the certificate and of the regulations applicable to the massage establishment and the property pursuant to this chapter. Any other notices sent to the applicant pursuant to this chapter at any time before or after issuance of the certified massage establishment certificate may also be sent to the property owner.
(e) Notice of Denial – Appeals. If an application for a certified massage establishment certificate is denied, the permit authority shall serve on the applicant a written notice of denial which shall specify the grounds for the denial and shall indicate the right of appeal of such decision to the City Council of the City of Emeryville in accordance with the provisions set forth in Chapter 4 of Title 1.
(f) Display of Certificate. Each holder of a certified massage establishment certificate shall display that certificate in an open and conspicuous place on the premises visible from the entrance and/or reception and waiting area of the massage establishment.
(g) Term. A certified massage establishment certificate issued pursuant to the terms of this chapter shall be valid for a term of one (1) year from the date of issuance, and, unless suspended or revoked, shall be renewed annually so long as the massage establishment is operating within the City. (h) Requirement to Amend Certified Massage Establishment Application. In addition to the requirements of Sections 5-11.09 and 5-11.10, whenever the information provided in the application for certified massage establishment on file with the City changes, for example by a change in employees, the operator shall, within ten (10) business days after such change, file an amendment to the certified massage establishment application with the permit authority to reflect such change.
(i) Violations – Operator Responsibility – Suspension or Revocation of Certified Massage Establishment Certificate.
(1) For the purpose of enforcing the requirements of this chapter, the massage establishment operator shall be responsible for the conduct of all certified massage establishment employees, agents, independent contractors, or other representatives while such persons are on the premises of the certified massage establishment or providing outcall certified massage services on behalf of the massage establishment. (2) In addition to any other remedy available to the City under this Code or State law, a certified massage establishment certificate may be suspended or revoked by the permit authority as provided in Section 5-11.11.

Upon revocation of a certified massage establishment certificate, the massage establishment shall immediately cease operation, and, if so ordered by the permit authority, no other certified massage establishment shall be permitted to operate at that location by any person for a period of not less than one (1) year. If the operator is not also the legal owner of the real property on which the certified massage establishment is situated, notice of such revocation and the one (1) year prohibition shall be provided by the permit authority to the owner of record of the property as shown on the latest County assessment roll. (Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
5-11.06 Regulations Applicable to Operation of Massage Establishment Other Than Certified Massage Establishment – Operator’s Permit Required.

No massage establishment may operate in the City that does not qualify as a certified massage establishment, unless and until all owners of the massage establishment have applied for and obtained an operator’s permit for the massage establishment from the permit authority under this section.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (a) Application for Operator’s Permit. All owners of the massage establishment, or their duly authorized agent, shall file an application for an operator’s permit for the massage establishment on a form provided by the permit authority. For purposes of this section, the “applicant” for the operator’s permit shall refer to and include each and every owner of the massage establishment. The application shall include provisions of Sections 5-11.05(a)(1) through (6) and (7) where applicable as to those establishments where some but not all owners are certified massage practitioners/therapists; and the additional following information:
(1) Whether any license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage or somatic practice, and as to any such license or permit, the name and address of the issuing authority; the effective dates of such license or permit; whether such license or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary materials relating to such suspension, revocation, withdrawal, or denial. (2) Whether the applicant has within the five (5) years immediately preceding the date of application been convicted in any state of any felony.
(3) Whether the applicant is currently required to register under the provisions of Section 290 of the California Penal Code.
(4) The applicant’s business, occupation, and employment history for five (5) years preceding the date of application, and the inclusive dates of same.
(5) One (1) set of fingerprints for each applicant in a form satisfactory to the permit authority. The fingerprints shall be taken at a place designated by the permit authority, and any required fee for such fingerprinting shall be paid by the applicant.
(6) Such other information as may be required by the permit authority to determine compliance with any other eligibility requirements for issuance of the permit as specified by federal, State, or local law. The permit authority may waive any of the requirements of this section for an owner who is also a certified massage practitioner/therapist.
(b) Application Fee. Any application for an operator’s permit under this chapter shall be accompanied by a nonrefundable application fee in an amount established by resolution of the City Council. (c) Operator’s Permit – Criteria for Granting or Denying. The permit authority shall grant an operator’s permit for the massage establishment if the massage establishment’s owners have satisfied the requirements of this section and all other applicable laws including, but not limited to, the City’s building, zoning, and health regulations, unless the permit authority determines any one (1) or more of the following to be true:
(1) The applicant, or any shareholder, partner, or member of the applicant, within five (5) years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense that relates directly to the operation of a massage establishment whether as a massage establishment owner or operator or as a person practicing massage for compensation, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony the commission of which occurred on the premises of a massage establishment; or
(2) The applicant is currently required to register under the provisions of Section 290 of the California Penal Code; or
(3) The applicant, or any shareholder, partner, or member of the applicant, within five (5) years of the date of application, has been convicted in a court of competent jurisdiction of any violation of Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses; or (4) The applicant, or any shareholder, partner, or member of the applicant, has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the State of California; or
(5) The applicant, or any shareholder, partner, or member of the applicant, has knowingly made a false statement or omission of a material fact in the application for the permit; or (6) The applicant, if an individual, or any shareholder, partner, or member of the applicant, has not attained the age of eighteen (18) years; or
(7) The applicant, or any shareholder, partner, or member of the applicant, within five (5) years of the date of application, and as established by clear and convincing evidence, has engaged in acts prohibited under California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22; or
(8) The applicant, or any shareholder, partner, or member of the applicant, within five (5) years immediately preceding the date of filing of the application, has had a permit or license to practice massage for compensation or to own and/or operate a massage establishment revoked or denied in any jurisdiction. (d) Notice to Property Owner. Where the applicant is not the record owner, as shown on the latest County assessment roll, of the property upon, in, or from which the massage establishment is to be operated, then upon issuance of an operator’s permit, the permit authority may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable to the massage establishment and the property pursuant to this chapter. Any other notices sent to the applicant pursuant to this chapter at any time before or after issuance of the operator’s permit may also be sent to the property owner. (e) Notice of Denial – Appeals. If an operator’s permit is denied, the permit authority shall serve on the applicant a written notice of denial which shall specify the grounds for the denial and shall indicate the right of appeal of such decision to the City Council of the City of Emeryville in accordance with the provisions set forth in Chapter 4 of Title 1.
(f) Display of Permit. Each holder of an operator’s permit shall display that permit in an open and conspicuous place on the premises visible from the entrance and/or reception and waiting area of the massage establishment. (g) Term. An operator’s permit issued pursuant to the terms of this chapter shall be valid for a term of one (1) year from the date of issuance. A permit that has not expired and has not been suspended or revoked may be renewed for another one (1) year period, on submittal of a written application and payment of a renewal application fee to be established by resolution of the City Council. (h) Requirement to Amend Operator’s Permit Application. In addition to the requirements of Sections 5-11.09 and 5-11.10, whenever the information provided in the application for operator’s permit on file with the City changes, for example by a change in employees, the operator shall, within ten (10) business days after such change, file an amendment to the operator’s permit application with the permit authority to reflect such change. (i) Violations – Operator Responsibility – Suspension or Revocation of Operator’s Permit. (1) For the purpose of enforcing the requirements of this chapter, the massage establishment operator(s) shall be responsible for the conduct of all massage establishment employees, agents, independent contractors, and other representatives, while on the premises of the business or establishment or providing outcall massage services on behalf of the massage establishment.
(2) In addition to any other remedy available to the City under this Code or State law, an operator’s permit may be suspended or revoked by the permit authority as provided in Section 5-11.11. Upon revocation of an operator’s permit, the massage establishment shall immediately cease operation, and, if so ordered by the permit authority, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than one (1) year. If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the one (1) year prohibition shall be DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. provided by the permit authority to the owner of record of the property as shown on the latest County assessment roll.
(Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
5-11.07 Massage Establishment Inspection.
(a) An inspector shall have the right to enter any massage establishment during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with the provisions of this chapter.
(b) The massage establishment operator shall take immediate action to correct each violation noted by the inspector. A reinspection will be performed within thirty (30) days to ensure that each violation noted by the inspector has been corrected.
(Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
5-11.08 Requirements for All Massage Establishment Facilities and Operations. (a) Operational Requirements. Except as otherwise specifically provided in this chapter the following operational requirements shall be applicable to all massage establishments located within the City:
(1) No massage establishment shall be kept open for business between the hours of 10:00 p.m. of one (1) day and 7:00 a.m. of the following day. A massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. The hours of operation of the massage establishment shall be displayed in a conspicuous public place in the reception area and in any front window clearly visible from outside of the massage establishment.
(2) Patrons and visitors shall be permitted in the massage establishment only during the hours of operation. (3) Except for a patron who is inside a massage therapy room for the purpose of receiving a massage, no patrons or visitors shall be permitted in or on the massage establishment premises at any time that are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel.
(4) During the hours of operation, visitors shall not be permitted in massage therapy rooms except as follows: (i) the parents or guardian of a patron who is a minor child may be present in the massage therapy room with that minor child; (ii) the minor child of a patron may be present in the massage therapy room with the patron when necessary for the supervision of the child; and (iii) the conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the massage therapy room with that elderly or disabled person.
(5) During the hours of operation, patrons shall be permitted in massage therapy rooms only if at least one (1) duly authorized certified massage practitioner is present on the premises of the massage establishment. (6) A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises, or provided to patrons before services are rendered. The services shall be described in English and may also be described in such other languages as may be convenient. No massage establishment operator shall permit, and no person employed or retained by the massage establishment shall offer to perform, any services or fees other than those posted. (b) Physical Facility and Building and Fire Code Requirements. Except as otherwise specifically provided in this chapter the following physical facility and building code requirements shall be applicable to all massage establishments located within the City:
(1) Front Door and Reception/Waiting Area Required. One (1) front door shall be provided for patron entry to the massage establishment, which shall open to an interior patron reception and waiting area immediately inside the front door. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the front door of the establishment.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (2) No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.
(3) All interior doors, including massage therapy rooms or cubicles, but excluding individual dressing rooms and toilet rooms, shall be incapable of being locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner massage therapy rooms or cubicles.
(4) Minimum lighting equivalent to at least one (1) forty (40) watt light shall be provided in each massage therapy room or cubicle.
(5) A massage table shall be used for all massage therapy, with the exception of “Thai,” “Shiatsu,” and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment. Massage tables shall have a minimum height of eighteen inches (18"). Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no massage establishment shall be used for residential or sleeping purposes.
(6) All locker facilities that are provided for the use of patrons shall be fully secured for the protection of the patrons’ valuables, and each patron shall be given control of the key or other means of access. (7) The massage establishment shall comply with all applicable State and local building standards and the fire code adopted by the City.
(c) Health and Safety Requirements. Except as otherwise specifically provided in this chapter the following health and safety requirements shall be applicable to all massage establishments located within the City:
(1) The massage establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering, or linen has been used once, it shall be deposited in a closed receptacle and not used again until properly laundered and sanitized. Towels, coverings, and linens shall be laundered either by regular commercial laundering, or by a noncommercial laundering process that includes immersion in water at least one hundred forty (140) degrees Fahrenheit for not less than fifteen (15) minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use.
(2) All massage therapy rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises are open and such facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.
(3) All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.
(4) No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to:
(i) Application of electricity that contracts the muscle; (ii) Penetration of the skin by metal needles;
(iii) Abrasion of the skin below the nonliving, epidermal layers; DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (iv) Removal of skin by means of any razor-edged instrument or other device or tool; (v) Use of any needle-like instrument for the purpose of extracting skin blemishes; and (vi) Other similar procedures.
(5) All bathrobes, bathing suits, and/or other garments that are provided for the use of patrons shall be either fully disposable and not used by more than one (1) patron, or shall be laundered after each use pursuant to subsection (c)(1) of this section.
(6) All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and not used by more than one (1) patron, or shall be fully disinfected after each use.
(7) No patrons shall be allowed to use any shower facilities of the massage establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons either shall be fully disposable and not used by more than one (1) patron, or shall be fully disinfected after each use. (8) The patron’s genitals, pubic area, anus, and areola must be fully draped at all times while any individual employed or retained by the massage establishment to practice massage for compensation, or any other employee or operator of the massage establishment, is in the massage therapy room or cubicle with the patron.

No massage therapy shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals, pubic area, anus, or areola of a patron. (9) No alcoholic beverages shall be sold, served, or furnished to any patron, nor shall any alcoholic beverages be kept or possessed on the premises of a massage establishment. (d) Attire and Physical Hygiene Requirements. The following attire and physical hygiene requirements shall be applicable to all employees and any other persons who work permanently or temporarily on the premises of a massage establishment within the City, including, but not limited to, all persons who are employed or retained to practice massage or bodywork for the massage establishment:
(1) All persons shall wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two inches (2") below the collarbone. The midriff may not be exposed. (2) No massage establishment operator, employee, or visitor shall, while on the premises of a massage establishment or while performing any outcall massage service, and while in the presence of any patron, customer, employee or visitor, expose his or her genitals, buttocks, or chest. (3) All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage therapy to a patron. No massage therapy shall be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded or cut), or where a skin infection or eruption is present.
(e) Display of Permit and Certifications. Each person employed or retained by a massage establishment to perform massage therapy in or on the premises or through an outcall massage service shall display on his or her person a copy of the valid photograph-bearing identification card issued to that employee by the California Massage Therapy Council pursuant to California Business and Professions Code Sections 4600, et seq. A copy of each such identification card shall also be displayed in an open and conspicuous place visible from the entrance and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed. (Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
5-11.09 Change of Business Name or Location.

No person permitted to operate a massage establishment under this chapter shall operate under any name or conduct business under any designation not specified in the certified massage establishment certificate or operator’s permit DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. and City business license. Upon a change of location of a massage establishment where there is no change of massage establishment owner(s), an application for an amended certified massage establishment certificate or operator’s permit shall be made to the permit authority, and such application shall be granted, provided all applicable provisions of this Code are complied with as to the new location. (Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
5-11.10 Sale or Transfer of Massage Establishment or Ownership Interest Therein.

Upon a sale or transfer of any massage establishment, or upon the sale or transfer of some or all of the interest of any massage establishment owner to a person who is not already an owner of that particular massage establishment, a new certified massage establishment certificate or operator’s permit shall be required. (Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
5-11.11 Grounds for Revocation or Suspension of Operator’s Permit or Certified Massage Establishment Certificate.
(a) Any operator’s permit or certified massage establishment certificate issued pursuant to this chapter may be suspended peremptorily by the permit authority to protect the public health and safety where it is found by clear and convincing evidence that any of the following have occurred:
(1) The person(s) to whom the operator’s permit or certified massage establishment certificate has been issued, or any person employed or retained by the massage establishment, has been found to have violated any provision of this chapter; or
(2) Any owner of a massage establishment which is operating pursuant to a certified massage establishment certificate is no longer qualified as a certified massage practitioner for any reason; or (3) The permittee/certificate holder or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following: California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses; or (4) The permittee/certificate holder or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code; or (5) The permittee/certificate holder has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this Code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California; or (6) The permittee/certificate holder or any employee of the massage establishment has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment; or
(7) The permittee/certificate holder has continued to operate the massage establishment after the operator’s permit or certified massage establishment certificate has been suspended; or (8) Massage treatments are or have been performed on the premises of the massage establishment, with or without the permittee’s/certificate holder’s actual knowledge, by any person who is not a duly authorized certified massage practitioner; or
(9) There have been one (1) or more acts prohibited under California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22 taking place on the premises of the massage establishment, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee/certificate holder; or (10) The permittee/certificate holder or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. reasonable person in the patron’s position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron’s genitals, pubic area, anus, and areola.
(b) Emergency suspensions will expire when the conditions which forced the suspension are corrected to the satisfaction of the Chief of Police. An emergency suspension shall last no longer than fifteen (15) days. However, an emergency suspension may be renewed by the Chief of Police if the condition or conditions on which the suspension was made continues. An informal appeal of an emergency suspension may be made to the City Manager in person or in writing, who shall hear such appeal within thirty-six (36) hours. It shall be a violation of the Emeryville Municipal Code for an owner to continue its business in the City of Emeryville during the emergency suspension period.
(c) Any operator’s permit or certified massage establishment certificate issued pursuant to this chapter may be revoked to protect the public health and safety by the City Manager or such designee and may be appealed to the City Council in accordance with the appeal procedures set forth in Chapter 4 of Title 1. (1) Operator’s permit or certified massage establishment certificate issued pursuant to this chapter may be revoked upon the recommendation of the Chief of Police to the City Manager for any violation by an entity of the provisions of this chapter governing such operations for the existence of any fact which would have been grounds to deny such permit when applied for, whether or not such fact existed at the time the application was made. Any recommendations of the Chief of Police to revoke a permit or certificate shall be provided to the permittee/certificate holder in writing, who shall have ten (10) calendar days from the date of such notice to provide the City Manager with any information relevant to the revocation. Pending the decision of the City Manager regarding revocation of a permit/certificate or a decision of the City Council on appeal, it shall be lawful for an owner to continue its business within the City of Emeryville, until and unless said review culminates with a decision to revoke said permit/certificate. In the event of such revocation, the permit/certificate shall be surrendered by the entity forthwith to the Chief of Police. (Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
5-11.12 Business License Required.

The requirements of this chapter shall be in addition to any business license and business license tax requirements imposed pursuant to Title 3, Chapter 1, for operation of a massage establishment. An operator’s permit or certified massage establishment certificate shall automatically expire upon failure to pay the annual City business license fee. (Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
5-11.13 Exemptions.

This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:
(a) Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license. (b) Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage therapy as their primary occupation at any location where they provide such services in the City.
(c) Barbers, estheticians and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses. (d) Individuals in the City temporarily for educational events or disaster relief. (e) Individuals administering massages or health treatments involving massage to persons participating in road races, track meets, triathlons, educational events, conferences or similar single-occurrence athletic, recreational, or educational events.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 11. MASSAGE ESTABLISHMENTS*

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (f) Somatic practitioners who use no physical touch of any kind at any time in their practice. (g) Enrolled students of a school of massage when they are performing massage within the City as part of a formal supervised internship or training program operated by the school, without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this chapter; and provided, that the operator of the massage establishment has first notified the permit authority in writing of the name and address of the school.
(h) Businesses where only chair massage is performed by certified massage practitioners, and it is performed in public view.
(i) Offices leased to solo practitioners who are certified massage practitioners for the practice of massage. (j) Nonmassage businesses that lease space to a solo practitioner who is a certified massage practitioner for therapeutic massage or that offer therapeutic massage as an incidental service. (Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
5-11.14 Violations a Public Nuisance – Penalties, Nuisance Abatement, and Other Remedies.

Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, a violation of the Emeryville Municipal Code and a public nuisance, and the City Attorney may, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the City under Chapter 7 of Title 1 of this Code, Section 5-11.11 or under State law.
(Sec. 2 (part), Ord. 12-012, eff. Jan. 17, 2013)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 17. ALARM SYSTEMS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 17.

ALARM SYSTEMS
Sections:
5-17.01 Definitions
5-17.02 Alarm System Requirements
5-17.03 Alarm System Permit Required
5-17.04 Automatic Dialing Devices
5-17.05 Back-up Power Supply
5-17.06 False Alarms: Prohibition and Fine
5-17.01 Definitions.
(a) “Alarm system” shall mean an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which the Police Department is expected to respond. Alarm system does not include:
(1) Devices which do not emit an audible signal, flashing lights, or a beacon, or other signals perceived outside the premises; and
(2) Residential and motor vehicle alarm systems.
(b) “Alarm user” shall mean any person who owns, leases, is the agent of, or who otherwise operates or has control over a premises on which an alarm system is installed. (c) “False alarm” shall mean activation of an alarm system that results in a response by the Police Department when no hazard exists or can be detected by the Police Department. False alarms do not include alarms activated by hurricanes, earthquakes, acts of God, and other violent acts of nature included in the definition of force majeure. (1) For the purpose of enforcing the provisions of Section 5-17.06, no more than one (1) violation shall be counted in a twenty-four (24) hour period, regardless the actual number of false alarms emanating from a specific site.
(d) “Premises” shall mean any land and buildings located within the City of Emeryville, except property owned, rented, or leased by the Federal government, State of California, County of Alameda, Emery School District, or the City.
(Sec. 3, Ord. 88-013, eff. Jan. 1, 1989; as amended by Sec. 2, Ord. 89-018, eff. Dec. 21, 1989) 5-17.02 Alarm System Requirements.
(a) Upon the effective date of this article, it shall be a violation of the Emeryville Municipal Code to install or operate an audible alarm system that emits a sound similar to the sound emitted by systems used on emergency vehicles or in civil defense operations.
(b) It shall be a violation of the Emeryville Municipal Code to install or operate an audible alarm system that does not shut off automatically within fifteen (15) minutes from the time of activation. (c) Upon the effective date of this article, every owner or occupant of a commercial premises on which an audible alarm system is installed, shall affix a notice to the premises that contains the name, address, and telephone number of at least one (1) of the following: the firm or person responsible for servicing the alarm system, the building manager, or another person authorized to deactivate the system. Such notice shall be legible from the ground floor of the premises.
(Sec. 3, Ord. 88-013, eff. Jan. 1, 1989)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 17. ALARM SYSTEMS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 5-17.03 Alarm System Permit Required.
(a) It shall be a violation of the Emeryville Municipal Code to install and operate an alarm system on premises without first obtaining a permit therefor from the Police Department, pursuant to the provisions of this article. (b) An alarm user shall file an application with the Chief of Police, on a form furnished by the Police Department, setting forth the following information:
(1) The name and address of the alarm user and agent; or (2) The names, addresses, and telephone numbers of the agents or other parties responsible for the installation and maintenance of the alarm system.
(c) The application shall be accompanied by a nonrefundable application fee, the amount of which shall be as set forth in the Master Fee Schedule, Chapter 7 of Title 3 of this Code. (d) The Police Chief shall issue an alarm system permit to the alarm user within thirty (30) days of its receipt if the Police Chief finds upon investigation that:
(1) An accurate and complete application has been filed; and (2) The application fee has been paid.
(e) The Police Chief may deny the application if it is inaccurate or incomplete. (f) The Police Chief may revoke an alarm user permit if it is determined and found thereafter that the application was inaccurate or that the alarm user failed to keep current the permit information, as set forth in subsection (g) of this section.
(g) An alarm user shall notify the Police Chief in writing of any change of information on the permit within ten (10) days of the event necessitating the change of information. (h) Any application denial or permit revocation may be appealed to the City Council pursuant to the provisions of Article 4 of Title 1 of this Code.
(Sec. 3, Ord. 88-013, eff. Jan. 1, 1989; as amended by Sec. 15, Ord. 89-006, eff. May 18, 1989) 5-17.04 Automatic Dialing Devices.

Automatic dialing devices, which are devices that electronically dial and signal programmed information, shall not transmit to any Police Department telephone lines or other dispatch system maintained by that department. (Sec. 3, Ord. 88-013, eff. Jan. 1, 1989)
5-17.05 Back-up Power Supply.

An alarm system installed after the effective date of this article shall have an approved back-up power supply that shall assure proper operation of the alarm system in the event of an interruption of its primary power supply.

Alarm users who have installed alarm systems prior to the effective date of this article shall have until January 1, 1990 to install an approved back-up power supply.
(Sec. 3, Ord. 88-013, eff. Jan. 1, 1989)
5-17.06 False Alarms: Prohibition and Fines.
(a) It shall be a violation of the Emeryville Municipal Code for any alarm user to operate an alarm system without a City of Emeryville alarm permit.
(b) It shall be a violation of the Emeryville Municipal Code for any alarm user to operate an alarm system which repeatedly emits false alarms.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 17. ALARM SYSTEMS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (c) False alarms in violation of Section 5-17.06(b) shall subject the alarm user to fines as set forth below, provided that for purposes of paragraphs (1), (2), and (3), the interval between the false alarms must be at least twenty-four (24) hours; more than one (1) false signal within the twenty-four (24) hour interval shall constitute one (1) false alarm:
(1) Three (3) false alarms within a one hundred twenty (120) day period: fifty dollars ($50.00); (2) Four (4) false alarms within a one hundred twenty (120) day period: seventy-five dollars ($75.00); (3) Five (5) false alarms and each false alarm thereafter within a one hundred twenty (120) day period: one hundred dollars ($100.00) for each false alarm as a separate fine. (d) Failure to obtain an alarm permit pursuant to Section 5-17.06(a), shall subject the responsible alarm user to a fine in the amount of fifty dollars ($50.00).
(e) The Police Department will notify in writing the alarm user of the first two (2) false alarms at the premises.

Deposit of such notice in the mail, first class postage prepaid, shall be deemed adequate notice for purposes of this section.
(Sec. 3, Ord. 88-013, eff. Jan. 1, 1989; as amended by Sec. 2, Ord. 89-018, eff. Jan. 1, 1990) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 18. POOLROOMS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 18.

POOLROOMS
Sections:
5-18.01 Hours of Operation
5-18.02 Business Taxes
5-18.01 Hours of Operation.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code, for any person to conduct or operate a poolroom in any public place within the City between the hours of 2:00 a.m. and 6:00 a.m. of the same day.
(Sec. 1, Ord. 252, thereafter codified in Sec. 15.25, E.T.C., as amended by Ord. 72-02) 5-18.02 Business Taxes.

Every person transacting and carrying on the business of a poolroom shall pay a business tax as set forth in Section 3-1.125 of this Code.
(Sec. 23, Ord. 397, as amended by Sec. 2, Ord. 456, thereafter codified in Sec. 12.35, E.T.C., as amended by Ord. 76-09)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 19. STREETS AND SIDEWALKS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 19.

STREETS AND SIDEWALKS
Sections:
5-19.01 Cutting and Destruction: Permits Required
5-19.02 Burning: Permits Required
5-19.03 Maintenance of Sidewalks
5-19.04 Maintenance of Vehicles
5-19.05 Use of Mortar
5-19.06 Use of Concrete
5-19.07 Carrying Sand, Earth and Rock
5-19.08 Repair of Railroad Spurs Within City Streets
5-19.01 Cutting and Destruction: Permits Required.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code, for any person to cut, carve, hack, hew, or otherwise mar, injure, deface, or destroy any sidewalk, curb, gutter or pavement on any public street, driveway, or curb in the City unless a permit to do so has been previously obtained.
(Sec. 24.60, E.T.C., as added by Sec. 2, Ord. 511)
5-19.02 Burning: Permits Required.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code, for any person to set fire to or burn, or to cause to be set fire to or burned, rags, paper, wood, rubbish, or other materials on any public street, public grounds, or improved public sidewalk within the Fire Limits of the City or upon any private street, alley, way, grounds, parking area, or sidewalk paved with, or constructed of, bituminous rock or any other combustible material without first obtaining a written permit from the Street Superintendent and Fire Chief.
(Sec. 24.61, E.T.C., as added by Sec. 2, Ord. 511)
5-19.03 Maintenance of Sidewalks.

The owner or occupant of any property in front of which there is a paved sidewalk shall maintain such sidewalk free of dirt or refuse. Sweepings from such sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway but shall be disposed of in the same manner as required for the disposal of garbage, except such grass, weed, brush, and tree cuttings as are authorized to be picked up by the City as specified by the “cleanup days” regulations designated by the City. Any person who shall be notified by the Street Superintendent that the provisions of this section are being violated shall be liable for continued violations of the provisions of this section. (Sec. 24.63, E.T.C., as added by Sec. 2, Ord. 511)
5-19.04 Maintenance of Vehicles.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code, for any person or business to park or store any vehicle on any public street in the City for the purpose of doing repair or maintenance work on such vehicle or to deposit, or permit to be deposited, any oil or grease in the gutters, storm sewers, curbs or streets of the City.
(Sec. 24.62, E.T.C., as added by Sec. 2, Ord. 511)
5-19.05 Use of Mortar.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code, for any person to place, or cause to be placed, anywhere upon the surface of the roadway of any public street or upon the surface of any improved sidewalk of the City mortar in a moist state for any purpose whatsoever, or to mix or prepare mortar upon such roadway or sidewalk, unless such mortar shall be placed, mixed or prepared in a tight box or upon a close-fitted platform or bed.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 19. STREETS AND SIDEWALKS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Sec. 24.58, E.T.C., as added by Sec. 2, Ord. 511)
5-19.06 Use of Concrete.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code, for any person to permit moist concrete to stand on the surface of any street or improved sidewalk for a period longer than one (1) hour after mixing. On the completion of the work, all surplus material shall be removed, and the street or sidewalk surface shall be washed, cleaned, and left in the same condition as before mixing. No rock, sand, gravel, or cement shall be washed into or left in gutters or catchbasins or be allowed to find its way into catchbasins.
(Sec. 24.58, E.T.C., as added by Sec. 2, Ord. 511)
5-19.07 Carrying Sand, Earth, and Rock.

It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code, for any person to use any cart, wagon or other vehicle for the purpose of carrying sand, earth or rock on or over any public street, unless such vehicle is tight and so constructed as to prevent the deposit of such sand, earth or rock, in whole or in part, in or upon such public street. (Sec. 24.59, E.T.C., as added by Sec. 2, Ord. 511)
5-19.08 Repair of Railroad Spurs Within City Streets.
(a) If an owner of railroad track(s) elects to perform repairs under Section 6784 of the Streets and Highways Code, the owner shall submit plans and specifications for the work to the Emeryville Public Works Department for approval by the Public Works Director within thirty (30) days of the receipt of the election notice. Upon the approval and sign off of the Public Works Director on the plans and specifications, the owner shall commence work within forty five (45) days. The Public Works Director may, in his/her discretion, grant the owner an extension of time for either deadline if the owner provides a written request for such extension clearly stating the facts supporting such request.
(b) The owner of the railroad track(s) shall be liable for a penalty of up to one thousand dollars ($1,000.00) per spur for each thirty (30) day period that plans and specifications are not submitted or that work is not commenced in accordance with subsection 5-19.08(a) above. The penalty shall apply to any portion of a thirty (30) day period during which plans and specification are not submitted or work is not commenced. (c) Upon the expenditure of any amount of funds by the City on work specified under Chapter 3, Part 6, Division 7 of the California Streets and Highways Code, Sections 6780 et seq., the City may issue a demand for reimbursement from the owner of the railroad track(s). The owner of the railroad track(s) shall pay the specified reimbursement to the City within thirty (30) days of the deposit of the demand in the United States mail or other mail delivery service.
(d) The owner of the railroad track(s) shall be liable for interest on unpaid amounts and a penalty of one thousand dollars ($1,000.00) per spur for each thirty (30) day period that the reimbursement is unpaid. The penalty shall apply to any portion of a thirty (30) day period during which the reimbursement is unpaid. (e) In any action to recover reimbursement, interest, and/or penalties under this Section 5-19.08, the City shall be entitled to attorney’s fees and costs if it prevails on any claim. (Sec. 2, Ord. 97-004)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 25. HOTELS, MOTELS AND LODGING
HOUSES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 25.

HOTELS, MOTELS AND LODGING HOUSES
Sections:
5-25.01 Registration
5-25.02 Required Identification
5-25.03 Register: Period of Retention
5-25.04 Repealed by Ord. 14-006
5-25.05 False Information
5-25.06 Posting
5-25.07 Violations
5-25.01 Registration.

All hotels, motels, lodging houses, roominghouses and other places or establishments in the City of Emeryville where living rooms or sleeping accommodations are rented shall keep a register in which shall be entered in a legible fashion, the following information: the true names and residence address of all persons to be accommodated.

The register shall show the day, month and year when such information was entered, and the room or rooms to be occupied by such persons. It shall be a violation of the Emeryville Municipal Code for any owner, proprietor or lessee of a hotel, motel, lodging house, roominghouse or other place or establishment in the City of Emeryville where living rooms or sleeping accommodations are rented, to refuse or neglect to comply with the requirements hereinabove set forth.
(Ord. 82-08, eff. June 1, 1982)
5-25.02 Required Identification.

The person providing the accommodations as specified in Section 5-25.01 requires identification to be presented upon registration sufficient to confirm the identities in the register and shall set forth in the register the type of identification so presented.
(Ord. 82-08, eff. June 1, 1982)
5-25.03 Register: Period of Retention.

Such register shall be kept for a period of not less than two (2) years by the person providing the accommodations as specified in Section 5-25.01.
(Ord. 82-08, eff. June 1, 1982)
5-25.04 Register: Inspection.

Repealed by Sec. 2, Ord. 14-006, Eff. June 5, 2014.
5-25.05 False Information.

It shall be a violation of the Emeryville Municipal Code for any guest, roomer, or lodger in any place specified in Section 5-25.01 to use or allow the use of any name other than his true name in so registering. (Ord. 82-08, eff. June 1, 1982)
5-25.06 Posting.

A copy of Sections 5-25.01 through 5-25.06 shall be posted in a conspicuous place in each place specified in Section

5.25.01. (Ord. 82-08, eff. June 1, 1982)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 25. HOTELS, MOTELS AND LODGING
HOUSES

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 5-25.07 Violations.

The violation of Sections 5-25.01 through and including 5-25.06 shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code. (Ord. 82-08, eff. June 1, 1982)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 28. CANNABIS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 28.

CANNABIS
Sections:
5-28.01 Findings
5-28.02 Purpose and Intent
5-28.03 Definitions
5-28.04 Permit Requirement – Exemptions from Permit Requirement 5-28.05 Permit Applications
5-28.06 Review of Applications – Appeal of Disapprovals and Suspensions 5-28.07 Permit Issuance
5-28.08 Permit Term
5-28.09 Transfer of Permit or Modifications to Permit
5-28.10 General Conditions for All Permits
5-28.11 Fees
5-28.12 Regulations and Enforcement
5-28.13 Penalties
5-28.01 Findings.
(a) The Federal Controlled Substances Act (21 U.S.C. Section 841 et seq.) makes it unlawful to manufacture, distribute, dispense or possess cannabis, and, accordingly, medical cannabis dispensaries are illegal under Federal law;
(b) In 2013, Deputy Attorney General James Cole issued a memorandum to all Federal prosecutors to provide guidance on the enforcement of the Federal Controlled Substances Act as it related to cannabis, indicating that enforcement would not be a priority in states and local jurisdictions that have laws authorizing cannabis-related conduct; that have implemented strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health, and other law enforcement interests; and that have provided the necessary resources to demonstrate the willingness to enforce their laws and regulations; (c) In 2015, Congress began to defund enforcement of the Federal Controlled Substances Act in states where such enforcement activities would prevent states from implementing their own state laws that authorize the use, distribution, possession or cultivation of medical cannabis; (d) The voters of the State of California approved Proposition 215 (codified as Health and Safety Code Section 11362.5 et seq., “The Compassionate Use Act of 1996”); the intent of Proposition 215 was to enable persons who are in need of cannabis for medical purposes to obtain and use it without fear of State criminal prosecution; (e) On October 9, 2015, Governor Brown approved a series of bills commonly referred to as the Medical Cannabis Regulation and Safety Act (“MCRSA”), effective on January 1, 2016, which establishes a comprehensive State licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution, and sale of medical cannabis, also known as marijuana; and which recognizes the authority of local jurisdictions to either impose additional restrictions or prohibit certain activities related to the cultivation, manufacture, transportation, storage, distribution, delivery, and sale of medical cannabis; (f) The voters of the State of California approved Proposition 64, known as the “Control, Regulate and Tax Adult Use of Marijuana Act” (“AUMA”), which establishes a comprehensive State licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution, and sale of recreational cannabis, also known as marijuana; and which recognizes the authority of local jurisdictions to either impose additional restrictions or prohibit certain activities related to the cultivation, manufacture, transportation, storage, distribution, delivery, and sale of recreational cannabis;
(g) The City Council of the City of Emeryville has recognized, and continues to recognize, the potential adverse impacts on the health, safety, and welfare of its residents and business from secondary effects associated with commercial cannabis activity, which include: offensive odors, trespassing, theft, violent encounters between growers DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 28. CANNABIS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. and persons attempting to steal plants, fire hazards, increased crime in and about the dispensary, robberies of customers, negative impacts on nearby businesses, nuisance problems, and increased DUI incidents; (h) There is a need to adopt health, safety, and welfare regulations to avoid adverse impacts on the community which may arise from commercial cannabis activity;
(i) The MCRSA and AUMA set forth a comprehensive framework to regulate cannabis and cannabis products from seed to ingestion by a consumer, which includes uniform health and safety standards designed to implement quality control, a labeling and a track-and-trace program, and other consumer protections, which mitigates against some of the potential adverse impacts identified by the City Council in the past, and the California State Legislature subsequently has adopted the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Cal. Bus. & Prof. Code § 26000, et seq.) to integrate the MCRSA and the AUMA into a single State regulatory system; (j) Neighboring local jurisdictions that allow commercial cannabis activity for medical purposes have implemented effective regulatory and enforcement systems that address the adverse impacts that could pose a threat to public safety, health, and welfare;
(k) An effective regulatory system governing cannabis in the City of Emeryville, as provided in this chapter, will address potential adverse impacts to the public health, welfare, and safety, thereby allowing commercial cannabis activity and other use of cannabis and cannabis products consistent with Federal law as applicable to the State of California and State law.
(Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017; Sec. 1, Ord. 20-004, eff. May 7, 2020) 5-28.02 Purpose and Intent.

It is the purpose and intent of this chapter for the City Council to exercise its police powers derived from Section 7 of Article XI of the California Constitution and State law to promote the health, safety, and general welfare of the residents and businesses of the City of Emeryville by regulating cannabis within the City’s jurisdictional limits, unless preempted by Federal or State law.
(Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017)
5-28.03 Definitions.

For purposes of this chapter, the following definitions shall apply:
(a) “Cannabis” includes marijuana and means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated resin, whether crude or purified, extracted from any party of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include industrial hemp, as defined in Health and Safety Code Section 11018.5, or synthetic cannabis as defined in Health and Safety Code Section 11357.5(c). (b) “Cannabis business” means a business or enterprise engaged in commercial cannabis activity. (c) “Cannabis business owner” means “owner” as defined in the MAUCRSA. (d) “Cannabis product” means marijuana or cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis, or marijuana and other ingredients. (e) “Commercial cannabis activity” includes possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, research and development, delivery or sale of cannabis or cannabis products for commercial purposes, whether for profit or nonprofit. (f) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of cannabis.
(g) “Dispensary/retailer permit” is a type of permit as described in Section 5-28.04 for a cannabis business that engages in commercial cannabis activity that involves selling cannabis directly to the consumer. Cannabis DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 28. CANNABIS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. businesses engaged in commercial cannabis activity that requires a Type 10 – Retailer State license under the MAUCRSA require a dispensary/retailer permit.
(h) “MAUCRSA” refers to the California State law Medicinal and Adult-Use Cannabis Regulation and Safety Act (Cal. Bus. & Prof. Code § 26000, et seq.) and regulations promulgated thereunder. (i) “Permit” refers to the permit described in Section 5-28.04. (j) “Primary caregiver” shall have the same meaning as set forth in the MAUCRSA. (Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017; Sec. 2, Ord. 20-004, eff. May 7, 2020) 5-28.04 Permit Requirement – Exemptions from Permit Requirement. (a) Each cannabis business seeking to operate within the City must first apply and be issued the appropriate permit to operate within the City. The permit is specific to the location where the commercial cannabis activity business will be operating. Multiple operating locations for the same cannabis business will require separate permits. (b) Subject to the provisions of this chapter, the Police Chief may issue a permit to a cannabis business that engages in commercial cannabis activity that requires a State-issued Type 6 – Manufacturer 1, Type 7 – Manufacturer 2, Type 8 – Testing Laboratory, Type 10 – Retailer, Type 11 – Distributor or Type 12 – Microbusiness license under the MAUCRSA. In addition, the Police Chief may issue a permit for a temporary cannabis event to a cannabis business that holds either a Type 10 – Retailer license or Type 12 – Microbusiness license from the State of California and a dispensary/retailer permit from the Police Chief for a storefront dispensary.
(1) If the State develops additional licenses for cannabis activities, the Police Chief has the discretion to issue a permit to the extent the additional license or sub-license is similar to license types identified in this section, or is similar to research and development.
(2) No permit shall issue if the cannabis activity is not a permitted land use in the City. (c) The following activities are allowed and do not require any permit under this chapter, provided the activity does not constitute commercial cannabis activity and complies with other State and local laws:
(1) Possessing, processing, transporting, purchasing, obtaining or giving away to persons twenty-one (21) years of age or older without any compensation whatsoever not more than twenty-eight and one-half (28.5) grams of cannabis not in the form of concentrated cannabis. (2) Possessing, processing, transporting, purchasing, obtaining or giving away to persons twenty-one (21) years of age or older without any compensation whatsoever not more than eight (8) grams of cannabis in the form of concentrated cannabis, including as contained in cannabis products. (3) Possessing, planting, cultivating, harvesting, drying or processing of not more than six (6) living cannabis plants, provided such activity complies with Article 22 of Chapter 5 of Title 9, and is not used in any commercial cannabis activity, which would require a permit. (4) The smoking of cannabis and cannabis products, provided smoking is not prohibited under State law or Chapter 29 of this title.
(5) The ingestion of cannabis or cannabis products.
(6) Primary caregiver, who is not subject to licensing requirements of the MAUCRSA, engaged in the delivery of cannabis or cannabis product to a qualified patient. (d) Excepted as provided herein, all other cannabis activities are prohibited. (Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017; Sec. 3, Ord. 20-004, eff. May 7, 2020) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 28. CANNABIS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 5-28.05 Permit Applications.

The form and content of the application for a permit shall be specified by the Chief of Police and shall include the following minimum information, as applicable to the permit type:
(a) Identifying Information for Ownership and Management. The name and address for each commercial cannabis activity business owner and an explanation of the legal form of business ownership, for example, sole proprietor, partnership, California corporation, etc.
(b) Additional Identifying Information, Owners and Key Employees. Each cannabis business owner, as well as each employee who makes or will make operational or management decisions that directly impact the business, shall submit electronic fingerprint images and related information required by the Police Chief for the purpose of obtaining information as to the existence and content of a record of State or Federal convictions and arrests to be considered as set forth in this chapter.
(c) Description of Premises. The address and assessor’s parcel number(s) of the location for the proposed commercial cannabis activity; and the name and contact information for the property owner(s) where the proposed commercial cannabis activity will be located.
(d) State License Type and Compliance. A description of the specific State cannabis license(s) that the cannabis business either has obtained or plans to obtain. The cannabis business shall describe how it will meet the State licensing requirements, and provide supporting documentation as required by the Police Chief. (e) Other Local Licenses. A description of the specific cannabis license or permits that the applicant either has obtained or plans to obtain from other local jurisdictions. (f) Description of Operations. A description of the nature of the proposed commercial cannabis activity, product type, average production amounts (including each product produced by type, amount, process and rate) and source(s) of cannabis.
(g) Security Plan. A description and documentation of how the applicant will secure the premises twenty-four (24) hours per day, seven (7) days per week, and how waste derived from any cannabis commercial activity will be disposed of in a manner to ensure it may not be utilized for unlawful purposes. The security plan shall include, but is not limited to, the following:
(1) Preventing individuals from remaining on the premises if they are not engaged in activity expressly related to the operations of the cannabis activity;
(2) Establishing limited access areas accessible only to authorized personnel including security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products;
(3) Storing all finished cannabis and cannabis products in a secured and locked room, safe, or vault, and in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis used for display purposes, samples, immediate sale, if applicable;
(4) Providing tamper-proof and tamper-evident packaging for finished cannabis product; (5) Preventing off-site impacts to adjoining or near properties; and (6) Limiting the amount of cash on the premises.
(h) Tracking System. A description of how the cannabis business will track inventory of cannabis product from seed to sale.
(i) Certificate of insurance demonstrating ability to comply with the insurance requirements as required for the applicable permit in a form acceptable to the City Attorney.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 28. CANNABIS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (j) Signature of Applicant and Property Owner. The application shall be signed by each cannabis business owner under the penalty of perjury, certifying that the information submitted, including all supporting documents, is, to the best of the applicant’s knowledge and belief, true, accurate and complete, and by the property owner for purposes of certifying that s/he has reviewed the application, and approves the use of the property for the purposes stated in the application. The signature of both the cannabis business owner and the property owner shall constitute evidence of their express consent to allow any City official or employee to enter upon and inspect the premises upon reasonable notice.
(k) The information required by this section shall be confidential, and shall not be subject to public inspection or disclosure except as may be required by Federal, State or local law. Disclosure of information pursuant to this section shall not be deemed a waiver of confidentiality by the applicant or any individual named in the application.

The City shall incur no liability for the inadvertent or negligent disclosure of such information. (Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017; Sec. 4 (part), Ord. 20-004, eff. May 7, 2020) 5-28.06 Review of Applications – Appeal of Disapprovals and Suspensions. (a) Review of Application. The Police Chief shall consider the application, and the results from any investigation into the application, as deemed necessary by the Police Chief. (b) Disapproval of Application. If the Police Chief disapproves an application, he or she shall notify the applicant in writing, stating the reasons for the disapproval. Notification of disapproval shall be delivered by first class mail to the applicant. No permit shall issue unless a successful appeal of the disapproval is made within the requisite time frame.
(c) Appeal of Disapproval.
(1) Within fifteen (15) days after the Police Chief serves notification of disapproval, an applicant may appeal the disapproval by notifying the City Clerk in writing of the appeal, the reasons for the appeal, and paying any applicable fees.
(2) The City Clerk shall set a hearing on the appeal and shall fix a date and time certain, within thirty (30) days after the receipt of the applicant’s appeal, unless the City and the applicant agree to a longer time, to consider the appeal. The City Clerk shall provide notice of the date, time and place of hearing, at least seven (7) days prior to the date of the hearing.
(3) The City Manager shall appoint a Hearing Officer to hear the appeal and determine the order of procedure, and rule on all objections to admissibility of evidence. The applicant and the Police Chief shall each have the right to submit documents, call and examine witnesses, cross-examine witnesses and argue their respective positions. The proceeding shall be informal, and the strict rules of evidence shall not apply, and all evidence shall be admissible which is of the kind that reasonably prudent persons rely upon in making decisions.
(4) The Hearing Officer shall issue a written decision within fifteen (15) days after the close of the hearing.

The decision of the Hearing Officer shall be final.
(d) Grounds for Denial, Revocation or Suspension of Permit. The granting of a permit or a renewal thereof may be denied and an existing permit revoked or suspended if:
(1) The cannabis business owner has knowingly made a false statement in the application or in any reports or other documents furnished to the City.
(2) The cannabis business owner has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the cannabis business for which the application is made, which includes but is not limited to:
(i) A violent felony conviction, as specified in Penal Code Section 667.5(c). (ii) A serious felony conviction, as specified in Penal Code Section 1192.7.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 28. CANNABIS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (iii) A felony conviction involving fraud, deceit or embezzlement. (iv) A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor. (v) A felony conviction for drug trafficking with an enhancement pursuant to Health and Safety Code Section 11370.4 or 113798.
(3) The cannabis business or a cannabis business owner has been sanctioned by a licensing authority or other city or county for unauthorized commercial cannabis activity. (4) The granting or renewing of the permit would perpetuate or encourage any of the following:
(i) Distribution of cannabis or cannabis products to minors; (ii) Generation of revenue from the sale of cannabis or cannabis products to fund criminal enterprises, gangs and cartels;
(iii) Diversion of cannabis or cannabis products to jurisdictions outside of the State where cannabis and cannabis products are unlawful under State or local law; (iv) Trafficking of other illegal drugs or facilitation of other illegal activity; (v) Violence and the use of firearms in the cultivation and distribution of cannabis and cannabis products;
(vi) The use of public lands in the cultivation of cannabis; or (vii) The use of Federal property for commercial cannabis activity. (5) For any other reason that would allow the State to deny a license under either the MAUCRSA. (6) Fails to pay required City fees and taxes.
(7) Violates any provision of the MAUCRSA, this chapter or any other permits issued by the City for the cannabis activity, such as a conditional use permit.
(8) Except as provided in subsections (d)(2)(iv) and (v) of this section, an application for a permit shall not be denied if the sole ground for denial is based upon a prior conviction of either Section 11350 or Section 11357 of the California Health and Safety Code. An application for a permit also shall not be denied if the State would be prohibited from denying a license pursuant to either Section 26057(b)(5) or Section 26059 of the California Business and Professions Code. Conviction of any controlled substance felony subsequent to permit issuance shall be grounds for revocation of a permit or denial of the renewal of a permit. (9) Without good cause, the cannabis business has not engaged in a commercially reasonable level of lawful sales of cannabis or cannabis product at the permitted location of the cannabis business for any continuous period of thirty (30) days or longer. For the purposes of this section, “commercially reasonable level of lawful sales” means a level of lawful sales reasonably expected to result in at least twenty-five thousand dollars ($25,000.00) in gross receipts to the business over the permit term. (e) Suspension and Revocation.
(1) The Police Chief shall give notice to the cannabis business of his or her intent to revoke a permit in the same manner as notice of disapproval and provide the City Clerk with a copy of the notice. (2) The hearing for the revocation of the permit shall be set and conducted in the same manner as an appeal of disapproval. The decision of the Hearing Officer shall be final.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 28. CANNABIS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017; Secs. 4 (part), 5, Ord. 20-004, eff. May 7, 2020; Sec. 2, Ord. 21-002, eff. May 6, 2021)
5-28.07 Permit Issuance.
(a) Before issuing any permit, except for a dispensary/retailer permit, the Police Chief shall determine that all of the following requirements have been met:
(1) The application is complete and all applicable City taxes and fees have been paid. (2) All land use permits have been approved and all conditions of approval have been met or are in good standing.
(3) There are no outstanding notices of nuisance or other unresolved code compliance issues at the site of the commercial cannabis activity.
(b) For a dispensary/retailer permit, the City Council may adopt by resolution regulations governing issuance of a dispensary/retailer permit. Until the City Council adopts such a resolution, no dispensary/retailer permit shall issue.
(Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017)
5-28.08 Permit Term.
(a) The permit shall be valid for one (1) year from the date of issuance. (b) A permit renewal application and any applicable fees must be submitted at least sixty (60) days before the expiration of the permit. Failure to submit a renewal application prior to the expiration date of the permit will result in the automatic expiration of the permit on the expiration date. Permit renewal is subject to the laws and regulations effective at the time of renewal, which may be substantially different than the regulations currently in place and may require the submittal of additional information to ensure that the new standards are met. No person shall have any entitlement or vested right to receive a permit under this chapter. (Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017)
5-28.09 Transfer of Permit or Modifications to Permit.
(a) A permit is nontransferable to another location, and no transfer to another cannabis business owner or modifications to a permitted facility may be made except in accordance with this section. (b) A request for change in permit ownership shall be submitted to the Police Chief on a City form at least sixty (60) days prior to the anticipated transfer, together with any applicable fee(s). Requests submitted less than sixty (60) days before the transfer will be processed only in the City’s discretion and may be subject to an expedited processing fee. A new owner(s) shall meet all requirements for applicants of an initial permit. The request shall include the following information:
(1) Identifying information for the new cannabis business owner(s) and management as required in an initial permit application;
(2) A written certification by the new cannabis business owner in accordance as required in an initial permit application;
(3) The specific date on which the transfer is to occur; and (4) Acknowledgement of full responsibility for complying with the existing permit. (c) Change in Security Plan. A request to modify the security plan shall be submitted to the Police Chief on a City form at least thirty (30) days prior to the anticipated change, together with the applicable fee.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 28. CANNABIS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (d) Change of Contact Information. A request for change in cannabis business contact information shall be submitted to the Police Chief on a City form at least thirty (30) days prior to the anticipated change, together with the applicable fee.
(e) Change in Trade Name. A request for change in cannabis business trade or business name shall be submitted to the Police Chief on a City form at least thirty (30) days prior to the anticipated change, together with the applicable fee.
(f) A permit renewal application and any applicable fees must be submitted at least sixty (60) days before the expiration of the permit. Failure to submit a renewal application prior to the expiration date of the permit will result in the automatic expiration of the permit on the expiration date. Permit renewal is subject to the laws and regulations effective at the time of renewal, which may be substantially different than the regulations currently in place and may require the submittal of additional information to ensure that the new standards are met. No person shall have any entitlement or vested right to receive a permit under this chapter. (Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017)
5-28.10 General Conditions for All Permits.
(a) State License. Beginning at such time that the State has begun to issue licenses and at all times thereafter, cannabis business shall hold a valid State license for the equivalent State license type. (b) Hours of Operation. Commercial cannabis deliveries and pick-ups between cannabis businesses shall be prohibited between the hours of 7:00 p.m. and 8:00 a.m. With the exception of activities authorized pursuant to a dispensary/retailer permit, all permitted facilities are closed to the general public, and no direct sales of cannabis or cannabis product to the general public may occur upon the premises. Cannabis businesses with a dispensary/retailer permit may deliver to consumers as provided for in the MAUCRSA. (c) Odor Control. Odors shall be contained on the property on which the commercial cannabis activity is located.

If the City receives any odor complaints, the cannabis business shall work with the Building Official to correct odor concerns. Unresolved or repeated odor complaints may be basis for suspension or revocation of the permit or denial of permit renewal.
(d) Reserved (Repealed by Ord. 19-004).
(e) Security Measures. All cannabis businesses shall maintain a commercial burglar alarm monitoring system, and install a video surveillance system.
(f) Security Breach. A cannabis business shall notify the Police Department within twenty-four (24) hours after discovering any of the following:
(1) Diversion, theft, loss, or any criminal activity involving the cannabis or cannabis product or any agent or employee of the permittee.
(2) The loss or unauthorized alteration of records related to cannabis or cannabis product, registered qualifying patients, primary caregivers or employees or agents. (3) Significant discrepancies identified during inventory. (4) Any other material breach of security.
(g) Labeling and Packages. Labels and packages of cannabis and cannabis products shall meet all State and Federal labeling and packaging requirements. Until such regulations are adopted by the Federal and/or State authorities, as a condition of permit issuance, the Police Chief may impose labeling and packaging requirements to protect the public safety, health and welfare.
(h) Inspection Records. Inspections, if necessary, shall take place at a reasonable time with prior notice to the cannabis business. Upon request, the cannabis business shall timely provide the City official with records related to DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 28. CANNABIS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. the business, including, but not limited to, utility bills from the commercial energy provider for the premises. This section shall not limit any inspection authorized under any other provision of law or regulation. (i) Obtain and maintain a business license from the City. (j) Maintain at all times commercial general liability providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one (1) or more persons, property damage and personal injury with limits of not less than one million dollars ($1,000,000.00) per occurrence and comprehensive automobile liability (owned, nonowned, hired) providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one (1) or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000.00). The commercial general liability policy shall provide contractual liability, shall include a severability of interest or equivalent wording, shall specify that insurance coverage afforded to the City shall be primary, and shall name the City, its officials and employees as additional insured. Failure to maintain insurance as required herein at all times shall be grounds for suspension of the permit immediately, and ultimately, revocation.
(k) By accepting the permit, each permittee agrees to indemnify, defend and hold harmless to the fullest extent permitted by law the City, its officers, agents and employees from and against any and all actual and alleged damages, claims, liabilities, costs (including attorney’s fees), suits or other expenses resulting from and arising out of or in connection with permittee’s operations, except such liability caused by the active negligence, sole negligence or willful misconduct of City, its officers, agents and employees. (l) Maintain for a minimum of three (3) years a written accounting or ledger of all cash, receipts, credit card transactions, and reimbursements (including any in-kind contributions) as well as records of all operational expenditures and costs incurred by the permittee in accordance with generally accepted accounting practices and standards typically applicable to business records, which shall be made available to the City during business hours for inspection upon reasonable notice by the Police Chief. (m) Notify the Police Chief within three (3) days of any notices of violations or other corrective action ordered by a State or other local licensing authority, and provide copies of the relevant documents. (Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017; Sec. 1, Ord. 19-004, eff. Apr. 18, 2019; Sec. 6, Ord. 20-004, eff. May 7, 2020)
5-28.11 Fees.

Applicants and permittees shall pay all applicable fees as set forth in the City’s master fee schedule adopted by resolution. Applicants and permittees also shall pay the amount as prescribed by the Department of Justice of the State of California for the processing of applicant’s fingerprints. None of the above fees shall be prorated, or refunded in the event of a denial, suspension or revocation of the permit. (Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017; Sec. 7 (part), Ord. 20-004, eff. May 7, 2020. Formerly 5-28.12) 5-28.12 Regulations and Enforcement.
(a) Police Chief or Designee. Any action required by the Police Chief under this section may be fulfilled by the Police Chief’s designee.
(b) The Police Chief is authorized to coordinate implementation and enforcement of this chapter and may promulgate appropriate regulations for such purposes.
(Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017; Sec. 7 (part), Ord. 20-004, eff. May 7, 2020. Formerly 5-28.13) 5-28.13 Penalties.
(a) Violations of this chapter are subject to administrative citation under Chapter 7 of Title 1 of this Code. . Each day of engaging in any of the prohibited activities shall constitute a separate violation. (b) Any violation of this chapter or regulation promulgated under this chapter is hereby declared to be a public nuisance.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 28. CANNABIS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Sec. 1 (part), Ord. 17-003, eff. Sep. 1, 2017; Sec. 7 (part), Ord. 20-004, eff. May 7, 2020. Formerly 5-28.14) DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 35. CERTIFIED FARMERS’ MARKETS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 35.

CERTIFIED FARMERS’ MARKETS
Sections:
5-35.01 Definitions
5-35.02 Business Tax Certificate
5-35.03 Health and Sanitation Requirements
5-35.04 Farmers’ Market Permit to Operate
5-35.05 Farmers’ Market Locations
5-35.06 Signage
5-35.07 Cleanliness
5-35.08 Open-Air Barbeques or Outdoor Wood-Burning Ovens 5-35.09 Operation Within Specified Distance of Toilet and Handwashing Facility 5-35.10 Administrative Regulations
5-35.11 Penalties
5-35.01 Definitions.

For purposes of this chapter, the following definitions apply:
(a) “Certified farmers’ market” or “farmers’ market” shall be defined as provided in California Administrative Code Title 3, Section 1392.2(a) or any successor provision. (b) “Certified farmers’ market certificate” or “farmers’ market certificate” shall be defined as provided in California Administrative Code Title 3 Section 1392.2(b) or any successor provision. (c) “City” shall mean the City of Emeryville.
(d) “Code” shall mean the Emeryville Municipal Code.
(e) “Community event” shall be defined as provided in Health and Safety Code Section 113755 or any successor provision.
(f) “Eating and drinking establishments” shall be defined in Section 9-4.4.320, or any successor provision, of this code.
(g) “Enforcement agency” shall be defined as provided in Health and Safety Code Section 113773 or any successor provision.
(h) “Enforcement officer” shall be defined as provided in Health and Safety Code Section 113774 or any successor provision.
(i) “Food” shall be defined as provided in Health and Safety Code Section 113781 or any successor provision. (j) “Food facility” shall be defined as provided in Health and Safety Code Section 113789 or any successor provision.
(k) “Open-air barbeque” shall be defined as provided in Health and Safety Code Section 113843 or any successor provision. An “open-air barbeque” may include a fire box for heating, storage and disposal of hot coals, heated lava, hot stones or other material utilized to cook food and no more than one (1) worktable of a size not in excess of fifteen (15) square feet which may not be used for dining by the general public. (l) “Peddle” and “peddler” shall be defined as provided in Chapter 27 of Title 5, or any successor provision. (m) “Permanent food facility” shall be defined as provided in Health and Safety Code Section 113849 or any successor provision.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 35. CERTIFIED FARMERS’ MARKETS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (n) “Police Chief” means the Chief of Police or his/her designee. (o) “Solicit” and “solicitor” shall be defined as provided in Chapter 27 of Title 5, or any successor provision. (p) “Temporary food facility” shall mean, consistent with Health and Safety Code Section 113930 or any successor provision, a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event and only as a part of the community event. (q) “Vendor,” “street vendor,” and “sidewalk vendor” shall be defined as provided in Chapter 27 of Title 5, or any successor provision.
(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)
5-35.02 Business Tax Certificate.

It shall be a violation of the Emeryville Municipal Code to operate a certified farmers’ market on any public street or public sidewalk within the City without first obtaining a business tax certificate and paying the applicable business license tax for each market location, pursuant to Chapter 1 of Title 3. Notwithstanding those provisions, no business tax certificate shall be issued without evidence that the business tax certificate applicant has obtained all permits required by this chapter and has a valid certified farmers’ market certificate. The original of the City business tax certificate shall be displayed conspicuously at all times at the location of the farmers’ market. (Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)
5-35.03 Health and Sanitation Requirements.

The farmers’ market certificate holder shall obtain a health permit from the enforcement agency if necessary. The health permit shall be displayed conspicuously at all times at the location of the farmers’ market. Evidence of such health permit shall be made available to the Finance Department as part of the business tax certificate application or renewal.
(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)
5-35.04 Farmers’ Market Permit to Operate.
(a) It shall be a violation of the Emeryville Municipal Code to operate a farmers’ market on any public street or public sidewalk within the City without first obtaining a farmers’ market permit from the Police Department pursuant to the provisions of this chapter for each farmers’ market location. The farmers’ market permit shall be displayed conspicuously at all times at the location of the farmers’ market. Evidence of such farmers’ market permit shall accompany the business tax certificate application or renewal application to the Finance Department. (b) The certified farmers’ market certificate holder shall apply for the farmers’ market permit required by this chapter. Individual vendors, peddlers, and/or solicitors operating within the certified farmers’ market need not apply for a permit to vend, peddle, or solicit within the certified farmers’ market. (1) Notwithstanding the provisions of this section, every vendor, peddler, or solicitor operating in a certified farmers’ market must obtain a business tax certificate and pay the applicable business license pursuant to Chapter 1 of Title 3.
(2) Notwithstanding the provisions of Chapter 27 of Title 5, Sections 5-27.1.05(e), (f) and (g) and Sections 5-27.2.05(e) and (f) shall not apply to vendors, peddlers, or solicitors operating in a certified farmers’ market permitted under this chapter. All other provisions of this code shall apply to vendors, peddlers, and solicitors operating in a certified farmers’ market.
(c) Each proposed farmers’ market location shall require a separate permit. (d) Any farmers’ market permit issued pursuant to this chapter shall automatically expire, terminate and be of no further force and effect at 5:00 p.m. on December 31 of each year. (e) Any farmers’ market permit issued pursuant to this chapter is nontransferable.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 35. CERTIFIED FARMERS’ MARKETS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (f) An applicant desiring a farmers’ market permit shall file an annual application with the Chief of Police, on a form furnished by the Police Department, setting forth the following information and including the accompanying data:
(1) Names, addresses and telephone numbers of the permit applicant and of all persons financially interested in the business;
(2) The names of the vendors to operate within the certified farmers’ market. Only those vendors specified in the application shall be allowed to vend in the certified farmers’ market. (3) The location at which the applicant intends to operate; (4) The desired location of the farmers’ market;
(5) Intended day(s) and hours of operation at such location; (6) Whether the applicant intends to operate an open-air barbeque at such location; (7) The location of the toilet and handwashing facility required by this chapter; (8) If the toilet and handwashing facility required by this chapter is on private property, a copy of an enforceable contract between the private property owner and the applicant allowing applicant to utilize such facilities on the day(s) and hours of operation;
(9) A copy of the health permit required by this chapter; (10) An acknowledgement by the applicant of the obligation to comply with Chapter 14 of Title 6 regarding food service waste reduction;
(11) Agreement by the applicant to indemnify and hold harmless the City, its officers and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant’s sales location; (12) Evidence of general liability and, in the case of any mobile vendors operating within the farmers’ market, automobile liability insurance in a form and at levels of coverage acceptable to the City; (13) Previous farmers’ market permits issued to the permit applicant in other cities and the status of those permits;
(14) Such further information as the Police Department may require. (g) The application shall be accompanied by an application fee. If the application is denied, the application fee shall not be returned to the applicant. The application fee shall be set forth in the City’s Master Fee Schedule. (h) The Police Department shall conduct an investigation of the application and may issue a farmers’ market permit to the applicant within thirty (30) days of its receipt if the Police Chief finds that all of the following conditions have been met:
(1) An accurate application has been filed;
(2) The required application fee has been paid;
(3) All applicable provisions of this chapter have been or will be met; (4) The proposed location is in compliance with Section 5-35.05, will not cause evident traffic congestion, impede pedestrian or bicycle movement, or violate applicable federal or state accessibility laws; and (5) The applicant and all the persons listed in subsection (f)(1) of this section have no previous convictions under state or federal law concerning theft, possession of stolen property, or the sale of narcotics.

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CHAPTER 35. CERTIFIED FARMERS’ MARKETS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (i) The Police Chief may deny the application if it is inaccurate, incomplete or unable to meet the requirements of subsection (h) of this section.
(j) The Police Chief may impose permit conditions of approval necessary to maintain the public health, safety or the general welfare of the City.
(k) The Police Chief may revoke a farmers’ market permit if it is determined and found thereafter that the application was inaccurate, that the permit holder failed to meet requirements of this chapter, or that the permit holder is operating in a manner detrimental to public health, safety or the general welfare of the City. (l) Any revocation of a farmers’ market permit or denial of a farmers’ market permit application may be appealed to the City Council pursuant to the provisions of Chapter 4 of Title 1. (Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)
5-35.05 Farmers’ Market Locations.

A valid farmers’ market permit holder shall be permitted to operate on public streets and sidewalks from the hours of 11:00 a.m. until 6:00 p.m. daily, subject to the conditions set forth below:
(a) No farmers’ market shall locate within five hundred feet (500') of a freeway entrance or exit; (b) No farmers’ market shall locate within fifty feet (50') of any bus stop; (c) No farmers’ market shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property;
(d) No farmers’ market shall operate in the RM Medium Density Residential Zone or the S-M Shoreline Management Zone, as those zones are described in Chapter 6 of Title 9, or any successor provision, of this code. (Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)
5-35.06 Signage.
(a) Notwithstanding the provisions of Chapter 34 of Title 5, signs advertising the farmers’ market shall be governed by this section.
(b) The permit holder may display up to six (6) signs advertising the farmers’ market. The signs may be located on- and/or off-site of the farmers’ market. The location of the signs shall be approved by the Police Chief and shall be made part of the conditions of approval for the permit. (c) Signs shall meet the following design review requirements, as determined by the Director of Planning and Building, or his/her designee:
(1) Compatible with the Neighborhood. The materials, colors, graphic style, and other features must be in keeping with the visual character of the street or area in which the sign is proposed. (2) Readable. The proportion between different parts of the sign, its visibility from important vantage points, and other design features shall be considered.
(Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)
5-35.07 Cleanliness.

The farmers’ market permit holder shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation that remains within twenty feet (20') of the farmers’ market’s location. (Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 35. CERTIFIED FARMERS’ MARKETS

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 5-35.08 Open-Air Barbeques or Outdoor Wood-Burning Ovens.

Consistent with Health and Safety Code Section 114143, any open-air barbeque or outdoor wood-burning oven in a farmers’ market and permitted to operate on any public street or sidewalk shall meet all of the following requirements:
(a) The open-air barbeque or outdoor wood-burning oven is operated on the same premises as, in reasonable proximity to, and in conjunction with, a temporary food facility, or a mobile food facility that is operating at a community event. The certified farmers’ market permit holder shall be responsible for ensuring the open-air barbecue or outdoor wood-burning oven is operated in full compliance with this chapter. (b) The open-air barbeque or outdoor wood-burning oven is not operated in, or out of, any motor vehicle, or in any location that may constitute a fire hazard, as determined by the local enforcement officer and/or the City Fire Marshal.
(c) The open-air barbeque or outdoor wood-burning oven is separated from public access to prevent food contamination or injury to the public by using ropes or other approved methods. (d) The open-air barbeque shall be equipped with an impervious and easily cleanable floor surface that extends a minimum of five feet (5') from the open-air barbeque or outdoor wood-burning oven facility on all open sides. (e) An open-air barbeque or outdoor wood-burning oven shall not operate on any day in which a “Spare the Air” alert or “No Burn” announcement has been issued by the Bay Area Air Quality Management District. (f) All ashes and coals shall be cooled before disposal. Ashes and coals shall be doused and saturated with water and the fire shall be completely extinguished. The ashes and coals shall then be placed into a metal container with a tight-fitting lid that is only used to collect ashes and coals and properly disposed of off-site of the farmers’ market.

Ashes and coals shall not be placed into any City trash can at any time. (g) The Fire Chief or his/her designee may order the immediate suspension of open-air barbeque and/or outdoor wood-burning oven operations which are conducted in violation of this section, or which are deemed unsafe or constitute a public nuisance or hazard, as determined by the Fire Chief or his/her designee. (Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)
5-35.09 Operation Within Specified Distance of Toilet and Handwashing Facility.

Any mobile food facility or temporary food facility within a farmers’ market shall be operated within two hundred feet (200') travel distance of an approved and readily available toilet and handwashing facility, to ensure that restroom facilities are available to mobile food facility or temporary food facility employees whenever the mobile food facility or temporary food facility is stopped to conduct business for more than a one (1) hour period or if the mobile food facility or temporary food facility operates an open-air barbeque or outdoor wood-burning oven. (Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)
5-35.10 Administrative Regulations.

The City may adopt administrative regulations that are consistent with and further the terms and requirements set forth within this chapter. All such administrative regulations must be in writing. (Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)
5-35.11 Penalties.

Any violations of this chapter shall be subject to administrative citation under Chapter 7 of Title 1 of this Code.

Every day of operating a farmers’ market without a valid farmers’ market permit constitutes a separate violation. (Sec. 2 (part), Ord. 12-005, eff. Mar. 8, 2012)
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CHAPTER 36. IRRIGATION WATER WASTE

PROHIBITION

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023.

CHAPTER 36.

IRRIGATION WATER WASTE PROHIBITION
Sections:
5-36.01 Purpose
5-36.02 Definitions
5-36.03 Applicability
5-36.04 Irrigation Water Waste Prohibited
5-36.05 Irrigation Efficiency Requirement
5-36.06 Enforcement, Notices of Violations, Administrative Hearing, Penalties 5-36.01 Purpose.

This chapter seeks to prevent water waste in irrigation. (Sec. 6 (part), Ord. 12-003, eff. Mar. 8, 2012)
5-36.02 Definitions.

As used in this chapter:
(a) “City Manager” means the City Manager of the City of Emeryville or his/her designee. (b) “Irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. The minimum average irrigation efficiency for purposes of this chapter is 0.71. (c) “Irrigation runoff” means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area.
(d) “Overspray” means the irrigation water that is delivered beyond the target area. (Sec. 6 (part), Ord. 12-003, eff. Mar. 8, 2012)
5-36.03 Applicability.

This chapter shall apply to new, rehabilitated, and existing landscapes of any size. This chapter shall apply to public and private properties.
(Sec. 6 (part), Ord. 12-003, eff. Mar. 8, 2012)
5-36.04 Irrigation Water Waste Prohibited.
(a) Irrigation runoff leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots, or structures is prohibited.
(b) This section shall not apply if:
(1) The landscape area is adjacent to permeable surfacing and no runoff occurs; or (2) The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping. (Sec. 6 (part), Ord. 12-003, eff. Mar. 8, 2012)
5-36.05 Irrigation Efficiency Requirement.

Irrigation systems approved after January 1, 2010, shall be maintained and managed to meet or exceed an average irrigation efficiency of 0.71.
(Sec. 6 (part), Ord. 12-003, eff. Mar. 8, 2012)
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CHAPTER 36. IRRIGATION WATER WASTE

PROHIBITION

The Emeryville Municipal Code is current through Ordinance 23-001, passed February 21, 2023. 5-36.06 Enforcement, Notices of Violations, Administrative Hearing, Penalties. (a) The City Manager shall enforce this chapter. The City Manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter. (b) If the City Manager determines that a person is in violation of this chapter, he/she shall issue a written notice warning of the violation. If, after issuance of such notice, the City Manager finds continued violations of the provisions of this chapter, the City Manager may apply for or impose the various sanctions provided in this section. (c) The City Manager may issue an administrative civil liability citation, as set forth in Chapter 7 of Title 1 in this Code, to anyone violating or failing to comply with any of the requirements of this chapter, in an amount not exceeding one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation in the same year, and four hundred dollars ($400.00) for each subsequent violation in the same year. In determining administrative civil penalties, the City Manager shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, the frequency of past violations, and any action taken to mitigate the violation. (d) Any person to whom the City Manager issues a notice of violation or an administrative civil liability citation may request an administrative hearing to appeal such warning or determination of liability by filing a written request with the City Manager. The City Manager will promulgate standards and procedures for requesting and conducting an administrative hearing under this chapter before a hearing officer. Any determination from the administrative hearing officer shall be final.
(e) The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter. (f) The remedies and penalties provided in this section are cumulative and not exclusive of one another. (Sec. 6 (part), Ord. 12-003, eff. Mar. 8, 2012)
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CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022.

CHAPTER 1.

ANIMALS AND FOWL
Sections:

Article 1. General Provisions
6-1.101 Title
6-1.102 Definitions
6-1.103 Contracts for Services by Outside Agencies
6-1.104 Fees
6-1.105 Animal Hospitals: Permits: Required
6-1.106 Animal Hospitals: Permits: Granting
6-1.107 Keeping of Vicious Animals Within the City Prohibited; Misdemeanor Penalty 6-1.108 Keeping Animals Other than Domestic Pets: Permits Required 6-1.109 Care of Animals
6-1.110 Keeping Diseased Animals
6-1.111 Feeding Animals
6-1.112 Breeding Animals
6-1.113 Animals Running at Large
6-1.114 Police Dogs: Interfering: Mistreatment
6-1.115 Sales of Novelty Animals and Fowl
6-1.116 Animals Affecting the Health and Safety
6-1.117 Public Nuisances
6-1.118 Violations: Penalties
Article 2. Licenses
6-1.201 Licenses: Dogs: Required
6-1.202 Licenses: Dogs: Exemptions
6-1.203 Licenses: Applications
6-1.204 Licenses: Fees: Dogs: Exceptions
6-1.205 Dogs: Licenses: Nontransferability: Fees: Refunds 6-1.206 Dogs: Vaccinations: Required
6-1.207 Dogs: Vaccinations: Display of Licenses
6-1.208 Dogs: Tags and Certificates: Issuance
6-1.209 Dogs: Tags and Certificates: Records
6-1.210 Dogs: Tags and Certificates: Exhibition on Demand 6-1.211 Dogs: Tags: Use
6-1.212 Dogs: Tags: Removal
6-1.213 Dogs: Tags: Lost or Destroyed
6-1.214 Dogs: Tags: Counterfeiting
6-1.215 Animal Quarters: Permits: Fees
6-1.216 Kennels: Business Licenses: Taxes
6-1.217 Pet Shops: Animal Hospitals: Business Licenses: Taxes Article 3. Impounding
6-1.301 Impoundment
6-1.302 Care
6-1.303 Notices
6-1.304 Redemption
6-1.305 Sale and Disposal
6-1.306 Sales: Redemption by Owners from Purchasers
6-1.307 Destruction of Aged, Diseased, Unfit and Dangerous Animals DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 6-1.308 Stray Animals: Reports
6-1.309 Records
Article 4. Rabies Control
6-1.401 Biting Animals: Reporting
6-1.402 Biting Animals and Animals with Evidence of Rabies: Quarantine 6-1.403 Biting Animals and Animals with Evidence of Rabies: Quarantine: Laboratory Examinations Article 5. Pigeons
6-1.501 Banding and Registration
Article 1. General Provisions
6-1.101 Title.

This chapter shall be known as the “Animal Control Law of the City of Emeryville.” (Sec. 3.1, E.T.C., as added by Ord. 71-03)
6-1.102 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Animal” shall mean any mammal, poultry, bird, reptile, fish, insect, or other dumb creature. (b) “Animal breeder” shall mean any person engaged in the commercial business of breeding, buying, selling, or boarding animals.
(c) “Animal quarters” shall mean any place used to keep animals, except a family residence, and shall include all other buildings or pens on private property if used therefor. (d) “Area” shall mean the unincorporated area of the County or any City which has adopted the provisions of this chapter.
(e) “At large” shall mean any animal off the premises of its owner and not under restraint, leash, or chain, and not otherwise controlled by a competent person.
(f) “Director” shall mean the County Director of Field Services or his authorized deputy or representative. (g) “Dog” shall mean any member of the canine family and shall include female as well as male dogs. (h) “Owner” shall mean any person owning, having an interest in, feeding, or having the control, custody, or possession of any animal.
(i) “Shelter” shall mean a facility designated by the Director for the impoundment of animals. (j) “Unlicensed animal” shall mean an animal for which a license is required and for which a license for the current year has not been paid or to which the tag provided for in Article 2 of this chapter is not attached. (k) “Wild animal” shall mean any animal not ordinarily and customarily domesticated. (Sec. 3.2, E.T.C., as added by Ord. 71-03)
6-1.103 Contracts for Services by Outside Agencies.

The Council may enter into a contract on behalf of the City with a county, another city, a humane society, or other persons who are performing any of the duties to be performed pursuant to the provisions of this chapter, including the impounding and care of animals.
(Sec. 3.101, E.T.C., as added by Ord. 71-03)
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CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 6-1.104 Fees.

License, impounding, feeding, boarding, and other fees shall be adopted by resolution of the Council. (Sec. 3.80, E.T.C., as added by Ord. 71-03, as amended by Ord. 73-08) 6-1.105 Animal Hospitals: Permits: Required.

It shall be a violation of the Emeryville Municipal Code to operate any hospital, home, asylum, or other institution where diseased animals are treated or kept unless the owner thereof shall apply for and obtain a permit to do so.

Such permit shall be applied for, granted, and in existence before such animal hospital shall be operated. (Sec. 3.120, E.T.C., as added by Ord. 71-03)
6-1.106 Animal Hospitals: Permits: Granting.

The Chief of Police shall grant any permit required by the provisions of Section 6-1.105 of this article, where the operation of the facility will be clean and sanitary and will not affect the health of the residents of the City. (Sec. 3.120, E.T.C., as added by Ord. 71-03)
6-1.107 Keeping of Vicious Animals Within the City Prohibited; Misdemeanor Penalty (a) Vicious Animals Prohibited. It shall be unlawful to keep any vicious animal as defined in this section within the boundaries of the City of Emeryville, subject to a misdemeanor penalty as set forth in Section 1-2.01 of Chapter 2 of Title 1 of this Code.
(b) Vicious Animals Defined. For the purposes of this section, any dog or other animal which has displayed any of the following behaviors is rebuttably presumed to be vicious:
(1) The dog or other animal has behaved in such a manner that the owner or person in control of the dog or other animal knows or should reasonably know that the dog or other animal has the propensity to bite human beings, or cause any other physical injury to persons.
(2) The dog or other animal has twice within a forty-eight (48) month period bitten or caused any physical injury to, or been frustrated in an attempt to bite or cause any physical injury to, a human being. (3) The dog or other animal has caused substantial physical injury to a human being, including but not limited to a bite, requiring medical attention on the part of the victim. (4) The dog or other animal has twice within a forty-eight (48) month period bitten or caused any physical injury to, or been frustrated in an attempt to bite or cause physical injury to, any other domesticated animal. (5) The dog or other animal has caused the death of, or permanent physical injury to, any other domesticated animal.
(c) Rebutting the Presumption of Viciousness. For the purposes of this section, a dog or other animal presumed vicious under Section 6-1.107(b) may be found not to be a vicious animal under any of the following circumstances:
(1) The human being bitten or otherwise physically injured by the dog or other animal deliberately and intentionally provoked, tormented, teased, or abused the dog or other animal immediately prior to the infliction of the bite or other physical injury.
(2) The person bitten or otherwise physically injured by the dog or other animal was injured while committing a trespass upon the private property of the person in control of the dog or other animal. (3) The human being bitten or otherwise physically injured by the dog or other animal committed an unprovoked assault or battery upon the person in control of the dog or other animal immediately prior to the infliction of the bite or other physical injury.
(4) The human being was bitten or otherwise physically injured by a professionally trained guard dog during the commission of a crime while on posted private property.

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CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (5) The domesticated animal was permanently injured or killed by a dog or other animal while on the securely enclosed, fenced property of the person in control of the injuring dog or other domestic animal. (6) The subject contact between the dog or other animal and the human being or domesticated animal did not suggest any vicious disposition in the dog or other animal. (d) Police Dogs Exempt. A dog assisting a peace officer engaged in law enforcement duties shall be exempt from the provisions of this section.
(e) Persons Conducting Themselves Peaceably and Lawfully. (1) For the purposes of this section, a person is peaceably and lawfully upon the private property of another when he is on such property in the performance of any duty imposed upon him by the laws of this State or City or County, or the postal regulations of the United States or when he is on such property upon invitation, expressed or implied.
(2) The presumption of viciousness shall not be deemed rebutted if the person attacked was conducting himself peaceably and lawfully while on the property of the owner or person in control of the dog or other animal.
(f) Initiation of a Vicious Animal Determination Hearing. (1) The Animal Control Officer designated by the City of Emeryville and/or an officer of the Emeryville Police Department shall promptly investigate any report to the Police Department of an incident involving the infliction of a bite or any other physical injury upon a person or any domesticated animal within the City. (2) If the Animal Control Officer and/or the Police Officer finds after investigation and inspection that there are reasonable grounds to believe a dog or other animal is vicious under the criteria established under Section 6-1.107(b), the Animal Control Officer or the Police Officer shall so certify in writing to the Police Chief. (3) If the owner or person in control of the dog or other animal subject to the investigation is absent or otherwise refuses to cooperate with the investigation, then the Animal Control Officer and/or the Police Officer shall so certify in writing to the Police Chief.
(4) Upon the receipt of certification pursuant to subsection (f)(2) or (f)(3) above, the Chief of Police shall schedule a time and place for a vicious animal determination hearing regarding the subject dog or other animal as soon as is reasonably possible. The hearing shall be scheduled no more than ten (10) days from the receipt of the certification.
(g) Isolation Prior to Hearing. Following the scheduling by the Chief of Police of a vicious animal determination hearing, the Police Department shall inform the owner or person in control of the dog or other animal in writing that the subject animal must be properly isolated pending the final outcome of the vicious animal determination hearing process. Failure to isolate the animal may, at the discretion of the Chief of Police, lead to summary seizure and impoundment under Section 6-1.107(h). The owner or person in control of the animal must isolate the dog or other animal by:
(1) Securing the dog or other animal upon the property of the owner or person in control of the animal in such a way as to ensure the protection of persons and domesticated animals from the dog or other animal; or by (2) Placing the animal in a commercial kennel at the expense of the owner or person in control of the animal; or by
(3) Removing the animal from the City.
(h) Summary Seizure and Impoundment.
(1) Notwithstanding any other provision of this section, the Chief of Police may order a Police Officer or Animal Control Officer to summarily seize and impound a dog or other animal prior to a vicious animal DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. determination hearing when the Chief of Police has determined that the dog or other animal poses an immediate or substantial threat to the public welfare. Impoundment shall continue pending the final outcome of the vicious animal determination hearing process under this section. (2) A Police Officer or Animal Control Officer is hereby deemed authorized to enter onto private property for the exclusive purpose of summarily seizing and impounding a dog or other animal when directed to do so by the Chief of Police consistent with the terms of this section. (3) All impoundment costs are to be assessed to the owner or person in control of the dog or other animal in a manner consistent with that established in Section 6-1.107(n). (i) Duty to Inquire. Any person who owns or controls a dog or other animal has a duty to make inquiry of the Emeryville Police Department or other appropriate County agency to learn if the dog or other animal has been impounded, whenever a dog is known to have been missing from the person’s property for more than two (2) hours and that person has not received notice subject to Section 6-1.107(j). (j) Notice of Summary Impoundment.
(1) Whenever the owner or person controlling a dog or other animal is not present at the time a dog or other animal is summarily seized and impounded, the seizing Police Officer and/or Animal Control Officer shall post a notice of impoundment on the front door or other appropriate place at the residence of such person, which notice shall state:
(i) That the dog or other animal has been impounded;
(ii) Where the dog or other animal is being held;
(iii) The name, address, and telephone number of the agency or person to be contacted regarding release of the dog or other animal;
(iv) The consequences of not requesting a hearing within seventy two (72) hours of the dog or other animal’s seizure, as specified in Section 6-1.107(k);
(v) The requirements for pre hearing release of the dog or other animal as specified in Section 6-1.107(k).
(2) If the owner or controller of the dog or other animal is present at the time of seizure, that person shall be given a written notice containing the information specified above. (k) Post-seizure Request for Vicious Animal Determination Hearing. (1) If the owner or controller of a dog or other animal seized under the provisions of Section 6-1.107(h) seeks to have the dog or other animal released from impoundment, that person must request a vicious animal determination hearing. Such a request must be received by the Police Department within seventy-two (72) hours of the seizure.
(2) The seventy two (72) hour period does not include any day that the impounding facility is closed to the public.
(3) If no request is made by the owner or controller of the dog or other animal within seventy two (72) hours, the dog or other animal may be destroyed or otherwise disposed of in accordance with law. (4) Upon the scheduling of a vicious animal determination hearing, the Chief of Police may order the release of the impounded dog or other animal, so long as the owner or person in control of the animal agrees to comply with the provisions of Section 6-1.107(g).
(l) Vicious Animal Determination Hearing – Notice to Owner.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (1) The Police Department shall deliver notice of the vicious animal determination hearing by mail to the owner or person who has an apparent right to control the dog or other animal at the place where the dog or other animal is kept or maintained, at least seven (7) days prior to the date set for a hearing. (2) As an alternative to sending such notice by mail, the Police Department may either deliver a copy of the notice by personal service to an adult at the address where the animal is kept and maintained or post such notice prominently at that address at least five (5) days prior to the date of the hearing. (3) In the event that the owner of the property on which the animal is kept and maintained is listed in the real property records as residing elsewhere, a copy of the notice shall also be mailed to the record owner of the property at the other address in the same manner as if she or he were the owner of the animal. (4) The notice shall be in substantially the following form:

Notice of Vicious Animal Determination Hearing
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Section 6-1.107 of the Emeryville Municipal Code, the Animal Control Officer and/or an Officer of the Emeryville Police Department has certified that there are reasonable grounds to believe your animal may be vicious. Your animal is described as ________.

FURTHER NOTICE IS HEREBY GIVEN that on _________ the ____ day of ______, 200__, at the hour of ____o’clock, in the Police Administration Building, 2449 Powell Street, Emeryville, California, the report of the Animal Control and/or Police Officer will be considered together with any oral and documentary evidence bearing upon the question of whether your animal, described in this notice, is vicious. You may appear and present evidence at this hearing.

In the event your animal is determined to be vicious, it will be destroyed or abated as a public nuisance. Any costs of impoundment prior and subsequent to the hearing and all costs associated with the destruction or abatement of the animal will be charged against you and/or the owner of the property where your animal is maintained.

Dated: _______________________
By: __________________________
Chief of Police
(m) Vicious Animal Determination Hearing Procedure.
(1) A Hearing Officer appointed by the Chief of Police shall preside at the vicious animal determination hearing. At the hearing both oral and documentary evidence shall be taken and considered by the Hearing Officer bearing upon the question of whether the dog or other animal is vicious under subsections (b) through (f) of Section 6-1.107. The dog or animal owner or person who has a right to control the dog or animal and the Animal Control Officer, Police Officers, or Chief of Police may be represented by counsel, may present evidence, and may cross-examine witnesses. Strict rules of evidence shall not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.
(2) Once the Animal Control Officer, Police Officer, or Chief of Police have presented evidence of the dog or other animal’s viciousness, the burden of going forward shifts to the owner or person in control of the dog or other animal to rebut the presumption as specified in Section 6-1.107(c). (3) At the discretion of the Hearing Officer, the hearing may be continued. No hearing shall be continued without the owner or person in control of the animal providing proof to the Hearing Officer that the animal will continue to be isolated in a manner consistent with that established under Section 6-1.107(g). (4) If the Hearing Officer finds that the dog or other animal is vicious, he shall so specify in writing together with particular findings of fact. Any animal found to be vicious shall be deemed to be a public nuisance, and shall be, pursuant to the order of the Hearing Officer, destroyed, removed from the City, or otherwise abated.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (5) The decision of the Hearing Officer may be appealed by any interested party to the Superior Court. In order to facilitate the appeal, the Hearing Officer shall stay the effect of his or her decision upon request for up to fifteen (15) days, provided that the person owning or controlling the dog or other animal demonstrates to the satisfaction of the Hearing Officer that the dog or other animal will continue to be isolated or impounded and a bond in the amount of the per diem cost of impoundment is paid. (n) Cost of Abatement Paid by Owner.
(1) The cost of abating a vicious dog or other animal shall be paid by the owner or person in control of the dog or other animal and shall become a lien against the property upon which the animal is kept and maintained until said assessment is paid.
(2) The assessment shall be paid on or before the 15th day of July following its imposition. If the assessment is not paid on or before that date, the total amount due shall be entered as a lien against the property of the owner of the property where the dog or other animal was maintained and shall be subject to the same penalties as are provided for other delinquent assessments as provided in Sections 6-2.10 and 6-2.11 of the Emeryville Municipal Code.
(3) In the event that legal action is necessary to collect said assessment, the owner or controller of the dog or other animal shall pay all the expenses thereof including but not limited to reasonable attorney’s fees incurred by the City.
(Sec. 3.13, E.T.C., as added by Ord. 71-03, as amended by Ord. 72-011; Sec. 1, Ord. 90-19, eff. Jan. 17, 1991) 6-1.108 Keeping Animals Other than Domestic Pets: Permits Required.

No animal which is not a domestic pet shall be kept within the City without first obtaining a permit from the Police Department or other authorized licensing authority.
(Sec. 3.103, E.T.C., as added by Ord. 71-03)
6-1.109 Care of Animals.
(a) All animals shall be kept in a clean and sanitary condition and without disease. (b) All animal quarters shall be at least twenty feet (20') away from any inhabited building. (c) All areas in which animals are kept shall be clean and sanitary at all times. (Sec. 3.12, E.T.C., as added by Ord. 71-03, as amended by Ord. 72-011, and Sec. 3.100, E.T.C., as added by Ord. 71-03)
6-1.110 Keeping Diseased Animals.

No animal infected with a contagious or infectious disease shall be allowed to remain in the City; nor shall such animals be shipped or removed from the premises of the owner except under the supervision of the Director, the Chief of Police, the Health Officer, or a licensed veterinarian. (Sec. 3.104, E.T.C., as added by Ord. 71-03)
6-1.111 Feeding Animals.

It shall be a violation of the Emeryville Municipal Code for any person to feed any animal not owned by him, except on the premises of the owner and with the consent of the owner. No person shall expose any garbage or food to any animal.
(Sec. 3.102, E.T.C., as added by Ord. 71-03)
6-1.112 Breeding Animals.

It shall be a violation of the Emeryville Municipal Code for any person to establish or maintain any place where more than two (2) animals are kept for more than two (2) months within the City unless a permit is first obtained from the City.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Sec. 3.11, E.T.C., as added by Ord. 71-03)
6-1.113 Animals Running at Large.

It shall be a violation of the Emeryville Municipal Code for any person owning or having under his control any animal to permit such animal to be at large within the City unless such animal is securely restrained by a substantial leash and is in the charge and control of a competent person. (Sec. 3.10, E.T.C., as added by Ord. 71-03)
6-1.114 Police Dogs: Interfering: Mistreatment.

No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog or animal used by the County Sheriff or by the Police Department in the performance of the functions or duties of such department. No person shall interfere with or meddle with any such dog while being used by such department, or any member thereof, in the performance of any function or duty of such department or of such officer or member. (Sec. 3.53, E.T.C., as added by Ord. 71-03)
6-1.115 Sales of Novelty Animals and Fowl.

It shall be a violation of the Emeryville Municipal Code for any person to display, sell, offer for sale, barter, or give away in the City any reptile or live baby chick, rabbit, duckling, or other fowl as a pet or novelty, whether or not dyed, colored, or otherwise artificially treated; provided, however, the provisions of this section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings, or other fowl in proper facilities by dealers, hatcheries, or stores engaged in the business of selling fowl to be raised or sold for food purposes. (Sec. 3.123, E.T.C., as added by Ord. 71-03)
6-1.116 Animals Affecting the Health and Safety.

No animal should be kept by any person in the City which may unjustly affect the health and safety of any neighborhood or of any person.
(Sec. 3.12, E.T.C., as added by Ord. 71-03, as amended by Ord. 72-011) 6-1.117 Public Nuisances.
(a) Disturbing the Peace. No person owning, keeping, or having in his care or custody any dog or other animal shall knowingly permit such dog or animal, by barking or other noise or sound, to disturb the peace and quiet of any other person. The provisions of this section shall not be construed to prohibit the keeping of any watchdog, provided the keeper thereof takes immediate steps to quiet such dog whenever it barks and provided such keeper never leaves such dog unattended on the premises in a place where the barking, if prolonged or if repeated any undue number of times, disturbs the peace and quiet of any other person. (b) Disturbing the Peace: Notices: Compliance. No person, after being informed orally or in writing by an authorized City official that his dog or other animal has disturbed the peace and quiet of any other person by barking or other noise or sound, shall fail, refuse, or neglect to take whatever steps or use whatever means are necessary to assure that such dog or animal does not again disturb the peace and quiet of any other person. (c) Private Property. It shall be a violation of the Emeryville Municipal Code for any person owning or having under his control any animal to permit such animal to damage or destroy the plants or property of another person or to defecate or commit a nuisance on the property of another person. (Secs. 3.14 and 3.15, E.T.C., as added by Ord. 71-03, as amended by Ord. 72-011, and Ord. 81-07, eff. Nov. 19, 1981)
6-1.118 Violations: Penalties.

It shall be a violation of the Emeryville Municipal Code for any person to violate any provision or to fail to comply with any requirement of this chapter. In addition to any of the penalty provisions set forth in this chapter, any person violating any provision of this chapter shall be subject to administrative citation pursuant to Chapter 7 of Title 1 of this Code.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Sec. 3.140, E.T.C., as added by Ord. 71-03, as amended by Ord. 81-07, eff. Nov. 19, 1981) Article 2. Licenses
6-1.201 Licenses: Dogs: Required.

Every person owning, possessing, controlling, harboring or keeping any dog over four (4) months of age shall procure an annual license tag for each such dog as long as the ownership of the dog continues. Such licenses shall be procured within ten (10) days after acquiring or bringing into the City any such dog. (Sec. 3.26, E.T.C., as added by Ord. 71-03)
6-1.202 Licenses: Dogs: Exemptions.

The license and registration provisions of this article shall not apply to the following:
(a) Dogs kept by persons who are temporarily within the City for a period not to exceed six (6) weeks; (b) Dogs brought into the City for the purpose of participating in a dog show or exhibition; (c) Seeing-Eye dogs when such dogs are actually being used by blind persons; and (d) Dogs licensed by the County or a city within the area, as defined in subsection (d) of Section 6-1.102 of Article 1 of this chapter.
(Sec. 3.27, E.T.C., as added by Ord. 71-03)
6-1.203 Licenses: Applications.

The owner shall state at the time an application is made for a dog license, upon standard printed forms of application provided for such purpose, the name and address of the owner and the name, breed, color, age and sex of each dog for which such application is made.
(Sec. 3.28, E.T.C., as added by Ord. 71-03)
6-1.204 Licenses: Fees: Dogs: Exceptions.

The following dogs shall be exempt from the license fees provided for in Article 1 of this chapter:
(a) Seeing-Eye dogs owned and actually used by blind persons; and (b) Dogs owned by the County or the City and used by the Sheriff or Police Department in the functions or duties of such officer or department.
(Secs. 3.83 and 3.84, E.T.C., as added by Ord. 71-03)
6-1.205 Dogs: Licenses: Nontransferability: Fees: Refunds.

Prior to issuance of a dog license, the licensee shall pay a license fee, the amount of which shall be as set forth in the Master Fee Schedule, Chapter 7 of Title 3 of this Code. The license shall not be transferable, nor shall there be any refunds made on a dog license.
(Sec 3.36, E.T.C., as added by Ord. 71-03; as amended by Sec. 18, Ord. 89-006, eff. May 18, 1989) 6-1.206 Dogs: Vaccinations: Required.

As a condition for the issuance of a license pursuant to the provisions of Section 6-1.201 of this article, all applicants for dog licenses shall procure and deliver to the licensing authority a certificate issued by a duly licensed veterinarian certifying that the dog to be licensed has been administered an antirabies vaccination within thirty (30) days prior to the issuance of such license or has received an antirabies vaccination sufficient to immunize such dog against rabies for the current license period.
(Sec. 3.29, E.T.C., as added by Ord. 71-03)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 6-1.207 Dogs: Vaccinations: Display of Licenses.

When a duly licensed veterinarian practicing within the City inoculates a dog with a rabies vaccine, and the owner or possessor of the dog does not present a current license for the dog to him, the veterinarian shall notify the animal control agency of the name and address of the owner or possessor of the dog. The animal control agency will provide the necessary materials to each veterinarian for the purpose of reporting such information. (Sec. 3.29, E.T.C., as added by Ord. 71-03, as amended by Ord. 73-08) 6-1.208 Dogs: Tags and Certificates: Issuance.

A metallic tag and license certificate with a corresponding number shall be furnished by the licensing authority upon the payment of the appropriate fees provided for in Article 1 of this chapter. (Sec. 3.30, E.T.C., as added by Ord. 71-03)
6-1.209 Dogs: Tags and Certificates: Records.

The licensing authority shall keep a record of the name of the owner or person making the payment of the license fee provided for in Article 1 of this chapter, to whom the certificate and tag shall have been issued, and the number and date of such certificate and tag.
(Sec. 3.31, E.T.C., as added by Ord. 71-03)
6-1.210 Dogs: Tags and Certificates: Exhibition on Demand.

No person shall fail or refuse to show to the Director or a deputy sheriff or police officer the license certificate and the tag of any duly registered dog kept or remaining in any home or upon any enclosed premises under the immediate control of such person.
(Sec. 3.32, E.T.C., as added by Ord. 71-03)
6-1.211 Dogs: Tags: Use.

Any metal tag issued pursuant to the provisions of Section 6-1.208 of this article shall be securely fixed to a collar, harness, or other device and shall be worn at all times by the dog for whom the registration was issued. (Sec. 3.31, E.T.C., as added by Ord. 71-03)
6-1.212 Dogs: Tags: Removal.

No unauthorized person shall remove from any dog any collar, harness, or other device to which is attached a certificate, a registration tag for the current year, or a rabies tag or remove such tags therefrom. (Sec. 3.33, E.T.C., as added by Ord. 71-03)
6-1.213 Dogs: Tags: Lost or Destroyed.

If the dog license tag issued pursuant to the provisions of Section 6-1.208 of this article is lost or destroyed, the owner shall immediately procure a new duplicate license tag from the licensing authority. (Sec. 3.34, E.T.C., as added by Ord. 71-03)
6-1.214 Dogs: Tags: Counterfeiting.

No person shall imitate or counterfeit the tags required by the provisions of this article or have in his possession any such imitation or counterfeit tag.
(Sec. 3.35, E.T.C., as added by Ord. 71-03)
6-1.215 Animal Quarters: Permits: Fees.

No person shall establish or maintain animal quarters, as defined in subsection (c) of Section 6-1.102 of Article 1 of this chapter, without first obtaining a permit from the Tax Collector and paying the required fees. (Sec. 3.25, E.T.C., as added by Ord. 71-03)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. 6-1.216 Kennels: Business Licenses: Taxes.

Every person conducting or maintaining a dog kennel shall secure a business license and pay a business tax as set forth in Section 3-1.125 of this code.
(Sec. 3.121, E.T.C., as added by Ord. 71-03)
6-1.217 Pet Shops: Animal Hospitals: Business Licenses: Taxes.

No person shall establish or operate a pet shop or animal hospital without first securing a business license and paying a business tax as set forth in Chapter 1 of Title 3 of this Code. (Sec. 3.122, E.T.C., as added by Ord. 71-03)
Article 3. Impounding
6-1.301 lmpoundment.

It shall be the duty of the Director to take up, impound, and safely keep any animal found running at large, staked, tied, or being kept on any private property or City property contrary to the provisions of this chapter. The required holding period for a stray dog shall be as provided in Food and Agriculture Code Section 31108, as now provided or as may hereafter be amended. The required holding period for a stray cat shall be as provided in Food and Agriculture Code Section 31752, as now provided or as may hereafter be amended. (Sec. 3.65, E.T.C., as added by Ord. 71-03; Sec. 2, Ord. 14-007, Eff. July 3, 2014) 6-1.302 Care.

All animals impounded at the shelter shall be provided with proper and sufficient food and water by the Director. (Sec. 3.68, E.T.C., as added by Ord. 71-03)
6-1.303 Notices.

The Director, immediately upon the impoundment of any dog or other animal, shall make every reasonable effort to notify the owners of such dogs or other animals impounded and inform such owners of the conditions whereby they may regain the custody of such animals. If an impounded dog has a valid license, the owner shall be notified. Such notice shall be either personal or by deposit in the mail, properly addressed and postage prepaid. (Sec. 3.67, E.T.C., as added by Ord. 71-03)
6-1.304 Redemption.
(a) The owner of any licensed impounded animal shall have the right to reclaim such animal at any time prior to the lawful disposition thereof upon payment to the Director of the costs and charges for impounding and keeping of such animal. The owner shall show proof of a valid, current, antirabies vaccination of any dog so impounded. (b) An impounded animal that is not spayed or neutered shall be spayed or neutered at the owner’s expense before being returned to the owner, subject to the conditions and exceptions provided in this section. (1) The owner shall be given a choice of veterinarians to perform the procedure. If the owner does not select a veterinarian, the City may choose one.
(2) The City may order the spay or neuter of an impounded animal without the owner’s consent. Provided, however, the City may not have an impounded animal spayed or neutered without the consent of the owner until at least seven (7) days after impoundment, unless the seventh day falls on a day that the animal shelter is closed, in which case the procedure shall be stayed until the next working day. (3) An owner who objects to the spay or neuter procedure may, within seven (7) days after impoundment, request a hearing. In which case the spay or neuter procedure will be stayed and the animal shall continue to be impounded at the animal shelter until final disposition of the hearing. A hearing officer designated by the City Manager shall determine whether the animal may be returned to its owner without first being spayed or neutered. In making this determination, the hearing officer shall determine whether the risk that the animal will produce unwanted offspring outweighs the reasons given by the owner against conducting the procedure. The DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. decision of the hearing officer shall be final with no further right of administrative appeal. The owner is responsible for all boarding fees during the entire impound period. Failure by the owner to request a hearing in the timeframe described herein shall be deemed a waiver of the right to a hearing. (4) This subsection shall not apply if a licensed veterinarian certifies that the animal: (a) should not be spayed or neutered for health reasons; or (b) is permanently infertile. (Secs. 3.68 and 3.69, E.T.C., as added by Ord. 71-03; Sec. 3, Ord. 14-007, Eff. July 3, 2014) 6-1.305 Sale and Disposal.

Unlicensed impounded animals which are not reclaimed by their owner and that have been held for the required holding period may be sold by the Director to the person offering to pay a cash amount set by the Director; provided, however, the purchaser shall not be given the possession of any dog until the purchaser shall have paid the licensing authority for the license fee prescribed for such dog; and further provided, that subject to the provisions of Food and Agriculture Code Section 30503 in the case of dogs, and Food and Agriculture Section 31752 in the case of cats, as now provided or as may hereafter be amended, the purchaser shall not be given possession until such dog or any cat so purchased shall have been spayed or neutered and such person has paid the cost therefor. If any dog or another animal impounded by the Director shall not have been redeemed within such period and cannot be sold within a reasonable time thereafter, such dog or other animal may be destroyed by the Director in a humane manner.

In lieu of destruction, the Director may release, without charge, any animal to any humane organization which provides an animal adoption service.

The Director may waive the spay or neuter deposit for transfers to other public animal control agencies or shelters, societies for the prevention of cruelty to animals, humane society shelters, rescue groups, or veterinarians. (Sec. 3.68, E.T.C., as added by Ord. 71-03; Sec. 4, Ord. 14-007, Eff. July 3, 2014) 6-1.306 Sales: Redemption by Owners from Purchasers.

The owner of any impounded animal, at any time within thirty (30) days after the sale of such animal by the Director, may redeem such animal from the purchaser by paying him the amount of the purchase price paid to the Director, any license fee paid in addition thereto, and a sum equal to the rates for the number of days from the date of the sale to and including the date of such redemption. (Sec. 3.70, E.T.C., as added by Ord. 71-03)
6-1.307 Destruction of Aged, Diseased, Unfit and Dangerous Animals.

It shall be the duty of the Director, and he is hereby authorized, to forthwith destroy any animal lawfully impounded which is unfit for adoption or dangerous to keep impounded by reason of age, disease, or other cause. (Sec. 3.71, E.T.C., as added by Ord. 71-03)
6-1.308 Stray Animals: Reports.

Every person taking up any stray animal or an animal running at large contrary to the provisions of this chapter, within eight (8) hours thereafter, shall give notice to the Director of the following:
(a) The fact that such person has such animal in his possession; (b) The complete description of such animal;
(c) The place where such animal is confined; and
(d) The license number of such animal, if any, and by what county or municipal corporation issued. If such animal has no license, such person shall so state.

Every such person and any person in whose custody such animal may be placed in the meantime may deliver such animal to the shelter without fee or charge. The Director shall thereupon hold and dispose of such animal in the same manner as though such animal had been found at large and impounded by him.

DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 1. ANIMALS AND FOWL

The Emeryville Municipal Code is current through Ordinance 22-007, passed September 6, 2022. (Sec. 3.66, E.T.C., as added by Ord. 71-03)
6-1.309 Records.

The Director shall maintain a file at the shelter, describing each animal impounded therein, for at least the prescribed period beginning on the day any such animal is taken or delivered into the possession of the shelter. (Sec. 3.68, E.T.C., as added by Ord. 71-03)
Article 4. Rabies Control
6-1.401 Biting Animals: Reporting.

Whenever any person having the charge, care, control, custody, or possession of any animal has knowledge that such animal has bitten any person or animal, or has been bitten by another animal, the person having the charge, care, control, custody, or possession of such animal shall report such fact forthwith to the Director. Such report shall state:
(a) The name and address of the person bitten;
(b) The description of the animal bitten, if any;
(c) The time and place where such person or animal was bitten; and (d) Any other information requested by the Director.

A copy of such report shall be forwarded by the Director to the Health Officer within forty-eight (48) hours. (Sec. 3.52, E.T.C., as added by Ord. 71-03)
6-1.402 Biting Animals and Animals with Evidence of Rabies: Quarantine.

Whenever it is shown that any dog or other animal has bitten any person or animal or exhibits evidence of rabies, no owner or person having the custody or possession of such dog or other animal, upon an order of the Health Officer, Director, or Police Department, shall fail, refuse, or neglect to quarantine such animal and keep it tied or confined for a period of ten (10) days, and no such person shall fail, refuse, or neglect to allow the Health Officer or his deputies, the Director, or the Police Department to make an inspection or examination of such dog or other animal at any time during such period. No such dog or other animal shall be removed or released during the quarantine period without the written permission of the Health Officer or his deputies, the Director, or the Police Department. Unless otherwise specified by the Health Officer, the Director, or the Police Department, such animal shall be confined in a shelter or veterinarian hospital at the expense of the owner. (Sec. 3.50, E.T.C., as added by Ord. 71-03)
6-1.403 Biting Animals and Animals with Evidence of Rabies: Quarantine: Laboratory Examinations.

The head of an animal dying while under isolation shall be submitted to the laboratory of the County Health Department for an examination for rabies.
(Sec. 3.51, E.T.C., as added by Ord. 71-03)
Article 5. Pigeons
6-1.501 Banding and Registration.

All pigeons kept within the City shall be banded and registered. Pigeons shall be registered with the Police Department or other agency designated by the Council. The owner shall state at the time of registration, upon such form or registration which may be prescribed for such purpose, his name and address and the type and sex of each pigeon to be registered. Such registration shall be made annually on or before July 1 of each year or within thirty-one (31) days after a pigeon is brought into the City, whichever occurs first. (Secs. 3.37 and 3.38, E.T.C., as added by Ord. 71-03)
DocuSign Envelope ID: AFBD8303-E395-4CF6-9EC9-DAE6951FD871 Emeryville Municipal Code
CHAPTER 2. DANGEROUS AND INSANITARY

CONDITIONS