ORDINANCE NO 23- ________
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: E08A709D-ED9D-4AAC-A070-F62367140C78 Ordinance No. _____
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: E08A709D-ED9D-4AAC-A070-F62367140C78 Ordinance No. _____
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: E08A709D-ED9D-4AAC-A070-F62367140C78 Ordinance No. _____
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:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: E08A709D-ED9D-4AAC-A070-F62367140C78