ATTACHMENT B
1 EMERYVILLE MUNICIPAL CODE (EMC) CRIMINAL PENALTY CHART Code Enforcement Tool Legend
* = Chapter does not call for permit or license issuance, but another permit may be withheld to enforce regulation.
Notes:
1. Under EMC § 1-2.01(b), after the third conviction for an infraction, any repeat violation within one (1) year may be charged as a misdemeanor.
2. If a Chapter of the EMC is not listed below, then it is not subject to a criminal penalty.
EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
3 1 Business Taxes Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
3.503 Utility Users Tax –
Disqualification from
Exemption
Misdemeanor No Eliminate criminal
penalty
Agree with staff
recommendation.
7 Permits and Licenses Misdemeanor Yes Eliminate criminal penalty
Agree with staff
recommendation.
4 1 Bicycles Infraction Yes Refer to
committee
Refer to Transportation
Committee
2 Emergency Plans Misdemeanor No Maintain
misdemeanor
penalty; make
subject to
infraction penalty
Agree with staff
recommendation.
ATTACHMENT 1
2 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
4 Fallout and Blast
Shelters
Misdemeanor Yes Eliminate criminal
penalty
Agree with staff
recommendation.
5 Fire Code Infraction Yes Maintain infraction
penalty
Refer to the Public Safety
Committee.
6 Fireworks Infraction No Maintain infraction
penalty
Refer to the Public Safety
Committee.
7.09 and
7.10 Repealed Misdemeanor Not
applicable.
Not Applicable
8 Vehicles for Hire Infraction Yes Maintain infraction
penalty
Refer to Transportation
Committee.
10 Parking Meters Infraction No Enforcement
Pursuant to
Vehicle Code
11 Electric Personal
Assistive Mobility
Devices
Misdemeanor
and
Infraction
No Eliminate
misdemeanor
penalty; maintain
infraction penalty
Refer to Transportation
Committee.
12 Emergency Medical
Services
Misdemeanor
and
Infraction
No Eliminate criminal
penalty
Agree with staff
recommendation.
5 1 Abandoned Vehicles Infraction No Eliminate criminal penalty
Agree with staff
recommendation.
2 Advertising Infraction No Eliminate criminal
penalty; may
require
Refer to City Council
study session.
ATTACHMENT 1
3 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
substantive
revisions
3 Air Pollution Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
4 Cabarets and
Dances
Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
5 Card Rooms Misdemeanor Yes Maintain
misdemeanor
penalty; and also
make subject to
infraction penalty
Refer to City Council
study session.
6 Criminal Records:
Security
Misdemeanor No Repeal Agree with staff
recommendation.
7 Fortunetelling Infraction No Repeal Agree with staff
recommendation.
8 Gas, Water and
Electric Meters
Misdemeanor No Reduce to
infraction penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
9 (except
.03)
Intoxication Infraction No Maintain infraction
penalty
Refer to Public Safety
Committee; City Council
interested in alternatives.
9.03 Consumption of
Alcoholic Beverages
on Public Streets or
Misdemeanor No Reduce to
infraction penalty
Refer to Public Safety
Committee; City Council
interested in alternatives.
ATTACHMENT 1
4 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
on Private Property
Adjacent Thereto
11 Massage
Establishments
Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
12 Minors Misdemeanor No Repeal Agree with staff
recommendation.
13 Noise Infraction No Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
14 (except
.05)
Obstructions to
Streets and
Sidewalks
Infraction No Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
14.05 Interfering with Free
Ingress or Egress –
Willful and Malicious
Obstruction of Public
Rights-of-Way
Misdemeanor No Reduce to
infraction penalty
Refer to Public Safety
Committee.
15 Patrol Services Infraction Yes Repeal Agree with staff recommendation.
16 (except
.220
and
.221)
Pawnbrokers,
Secondhand Jewelry
Dealers and Auction
Sales
Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
ATTACHMENT 1
5 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
16-
2.220
and 16-
2.221
Auction Sales: False
Representations:
Substitution of
Merchandise and
Auction Sales: Criers
Misdemeanor Yes Eliminate criminal
penalty
Agree with staff
recommendation.
17.06 False Alarms;
Prohibitions and
Penalties
Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
18 Poolrooms Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
19 Streets and
Sidewalks
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
20 Weapons Misdemeanor
and
Infraction
No Maintain
misdemeanor and
infraction penalties
Refer to Public Safety
committee.
21 (except
5-21.12)
Bingo Games Infraction Yes Maintain infraction
penalty
Refer to Public Safety
Committee; CC interested
if necessary in light of
state law.
21.12 Bingo Games,
Profits: Separate
Accounts: Records:
Violations: Penalties
Misdemeanor Yes Maintain
misdemeanor
penalty
Refer to Public Safety
Committee; CC interested
if necessary in light of
state law.
23 Community Events Infraction Yes Maintain infraction
penalty
Refer to Public Safety
Committee.
24 Parks Infraction No Maintain infraction
penalty
Refer to Public Safety
Committee.
ATTACHMENT 1
6 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
25 Hotels, Motels and
Lodging Houses
Misdemeanor Yes Eliminate criminal
penalty
Agree with staff
recommendation.
27 Sidewalk and Street
Vendors
Infraction Yes Maintain infraction
penalty; may
require
substantive
revisions
Refer to Public Safety
Committee.
28 Cannabis Misdemeanor Yes Eliminate criminal
penalty
Agree with staff
recommendation.
29 Smoking Pollution
Control
Infraction No Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
30 Regulation of
Firearms Dealers
Misdemeanor
and
Infraction
Yes Maintain
misdemeanor and
infraction penalties
Refer to separate item for
City Council to consider
with direction to repeal
and replace with prohibit
firearms dealers.
34 Signs on Public
Sidewalks
Infraction Yes Maintain infraction
penalty
Refer to Transportation
Committee.
35 Certified Farmers’
Markets
Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
36 Irrigation Water
Waste Prohibition
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
38 Skateboard Facilities Infraction No Maintain infraction penalty
Agree with staff
recommendation.
ATTACHMENT 1
7 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
6 1.1.07 Keeping of Vicious
Animals within the
City Prohibited
Misdemeanor Yes Maintain
misdemeanor
penalty
Refer to Public Safety
Committee.
1, Art. 5 Pigeons Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
2.02,
2.03 Littering and
Accumulations Public
Places, Parks and
Schools
Misdemeanor No Reduce to
infraction penalty
Agree with staff
recommendation.
2 (except
.02 and
.03)
Dangerous and
Insanitary Conditions
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
3 Food Establishments Infraction Yes Eliminate criminal penalty
Agree with staff
recommendation.
4 Collection of Solid
Waste and
Recyclables
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
5 Laundries Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
6 Obstructions to
Watercourses
Infraction Yes Maintain infraction
penalty
Agree with staff
recommendation..
7 Rodent Harborage Misdemeanor No Eliminate criminal
penalty
Agree with staff
recommendation.
9 Water Wells Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
ATTACHMENT 1
8 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
10 Weed and Refuse
Abatement
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
11 Property
Maintenance
Misdemeanor
and
Infraction
No Eliminate criminal
penalty
Agree with staff
recommendation.
12 Operation and
Maintenance of OffStreet Parking
Facilities
Misdemeanor
and
Infraction
No Eliminate criminal
penalty
Agree with staff
recommendation.
13 Stormwater
Treatment Design,
Management And
Discharge Control
Program
Misdemeanor
and
Infraction
Yes Maintain all
criminal penalties
Agree with staff
recommendation.
14 Food Service Waste
Reduction
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
7 1 Datum Plane Misdemeanor No Maintain
misdemeanor
penalty
Agree with staff
recommendation.
2 Excavations and
Encroachments in
the Public Right-ofWay
Infraction Yes Maintain infraction
penalty
Agree with staff
recommendation.
3 Sidewalks, Curbs
and Driveways
Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
4 Underground Utility
Facilities
Infraction No Eliminate criminal
penalty
Agree with staff
recommendation.
ATTACHMENT 1
9 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
5.13 False Statements
and Data
Misdemeanor Yes Maintain
misdemeanor
penalty
Refer to Public Safety
Committee.
6 Required Installations
of Public
Improvements
Infraction Yes* Eliminate criminal
penalty
Agree with staff
recommendation.
7 Standard
Specifications for
Public Works
Construction
Misdemeanor
and
Infraction
Yes* Eliminate criminal
penalty
Agree with staff
recommendation.
8 Wastewater
Collection System
Misdemeanor
and
Infraction
Yes Maintain all
criminal penalties
Agree with staff
recommendation.
10 Urban Forestry
Ordinance
Infraction Yes Eliminate criminal
penalty
Agree with staff
recommendation.
8 1 Building Code Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
2 Historical Building
Code
Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
3 Existing Building
Code
Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
ATTACHMENT 1
10 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
4 Residential Code Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
5 Mechanical Code Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
7 Electrical Code Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
8 Green Building
Standards Code
Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
9 Property
Maintenance Code
Infraction Yes Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
11 Dangerous Buildings
Code
Infraction No Maintain infraction
penalty
Refer to City Council
study session and within
context of code
enforcement officer issue.
15 Signs Adjacent to
Landscaped
Freeways
Misdemeanor Yes Eliminate criminal
penalty; may
require
Agree with staff
recommendation.
ATTACHMENT 1
11 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
substantive
revisions
18 Seismic Hazard
Identification and
Mitigation Program
for Unreinforced
Masonry Buildings
Misdemeanor No Eliminate criminal
penalty
Agree with staff
recommendation.
19 Regulations for the
Conversion of
Commercial/Industrial
Buildings to
Live/Work
Occupancies
Infraction Yes* Eliminate criminal
penalty
Agree with staff
recommendation.
20.02,
20.03,
20.04,
20.05,
20.06,
20.07,
20.08,
20.09,
20.10 Chapter 20 is
Building Permit Fees
for the Installation of
Photovoltaic Solar
Panels .04-.10 have
been repealed
Infraction Yes* Eliminate criminal
penalty
Agree with staff
recommendation.
21 Floodplain
Management
Misdemeanor Yes* Eliminate criminal
penalty
Agree with staff
recommendation.
21 (except
Floodplain
Management
Infraction Yes* Eliminate criminal
penalty
Agree with staff
recommendation.
ATTACHMENT 1
12 EMC
Title
EMC
Chapter
and
Section
EMC Description EMC
Criminal
Penalty
Permit,
License
or
Registration
Required by
EMC
Staff
Recommendation
Re Criminal
Penalty
City Council Direction
.04 and
.05)
26.02,
26.03,
26.04 and
26.05 Construction and
Demolition Waste
Requirements
Infraction Yes* Eliminate criminal
penalty
Agree with staff
recommendation.
9 Entire Planning Regulations Misdemeanor
and
Infraction
Yes Eliminate criminal
penalty
Agree with staff
recommendation.
10 1
(except
.22 and
.23)
Rules and
Regulations for the
Emeryville Marina
Misdemeanor No Reduce to
infraction penalty
Agree with staff
recommendation.
1.22 and
1.23 Violations and
Penalties and 1.23
does not exist
Infraction Not
applicable
Not applicable
2 Activities in the
Tidelands within the
City of Emeryville
Infraction No Maintain infraction
penalty
Agree with staff
recommendation.