TITLE 3 – FINANCE
EMC CODE CHAPTER/
SECTION
SUBJECT
CITY COUNCIL RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT*
NOTES
EMC 3-1
Business Taxes
Eliminate infraction penalty
EMC 3-1.101 (“Business Tax”) – Replace “unlawful” with “a violation of the Emeryville Municipal Code.” EMC 3-1.112 (“Declaration -Confidential Documents”) – Replace “deemed guilty of an infraction and such violation shall be a cause for discharge” to “deemed a cause of discipline, up to and including termination.” EMC 3-1.125 (“Certain Enumerated Businesses”) – Remove “Auctioneer. Sale or auction of any real or personal property; one hundred ten dollars ($110.00) per day, or one thousand three hundred twenty dollars ($1,320.00) per quarter, unless exception is claimed pursuant to California Business and Professions Code Section 5714(c) or any successor provision” and “Pawnbroker. One thousand three hundred twenty dollars ($1,320.00) per quarter.” EMC 3-1.138 (“Violations, Infractions”)- Remove “infraction” from section title.
Replace “guilty of an infraction” with “subject to administrative citation, as provided in Chapter 7 of Title 1 of this Code.” Removed due to repealing of Chapter 16 of Title 5 (“Pawnbrokers, Secondhand Jewelry Dealers and Auction Sales”) EMC 3-3.503
Utility Taxes
Eliminate misdemeanor penalty
EMC 3-3.503(c)(9) (“Constitutional, Statutory, and Other Exemptions; (c) Residential Exemption; (9) Duty to Disclose Disqualification”) – Replace “misdemeanor” with “a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code” EMC 3-7
Permits and Licenses
Eliminate misdemeanor penalty
EMC 3-7.12 (“Penalties”) – Remove “willfully” and replace “guilty of misdemeanor” with “to be subject to administrative citation under Chapter 7 of Title 1 of this Code.” TITLE 4 – PUBLIC SAFETY
EMC CODE CHAPTER/
SECTION
SUBJECT
CITY COUNCIL RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT*
NOTES
EMC 4-2
Emergency Plans
Maintain misdemeanor penalty; make subject to infraction penalty EMC 4-2.11 (“Punishment of Violations”) - Change title to “Violations; Infraction and Misdemeanor”; Replace intro clause with the following: “It shall be an infraction, misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1,000), or by imprisonment for not to exceed six (6) months, or both, 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: . . .” EMC 4-4
Fallout and Blast Shelters
Eliminate misdemeanor penalty
No code revision necessary
Misdemeanor penalty was removed when penalty provisions in Chapter 2 of Title 1 were amended at 12-12-2022 CC meeting.
EMC 4-12
Emergency Medical Services
Eliminate misdemeanor and infraction penalty
EMC 4-12.04 (“Penalty for Violations”) – Replace “punishable as misdemeanor/infraction” with “subject to administrative citation, as set forth in Chapter 7 of Title 1 of this Code.” TITLE 5 – PUBLIC WELFARE
EMC CODE CHAPTER/
SECTION
SUBJECT
CITY COUNCIL RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT*
NOTES
EMC 5-1
Abandoned Vehicles
Eliminate infraction penalty
EMC 5.1.14 (“Violations: Abandonment”) and EMC 5-1.15 (Violations: Failure to Remove or Abate”) - Replace “unlawful” language with “violation of the Emeryville Municipal Code.” EMC 5-3
Air Pollution
Eliminate infraction penalty
EMC 5.3.02 (“Emissions: Smoke: Limitations”)- Replace “unlawful” with “violation of the Emeryville Municipal Code.” EMC 5-3.09 (“Violations: Responsibility”) – Replace “punishable as set forth in Chapter 2 of Title 1 of this Code” with “subject to administrative citation, as provided in Chapter 7 of Title 1 of this Code.” EMC 5-11
Massage Establishments
Eliminate infraction penalty
Replace “unlawful” with “a violation of the Emeryville Municipal Code” in the following EMC Sections:
EMC 5-11.02 (“Certification by California Massage Therapy Council Required for Practitioners”); EMC 5-11.04 (a) and (b) (“Operation of Massage Establishment – Certified Massage Establishment Certificate or Operator’s Permit Required”); EMC 5-11.11 (b) (“Grounds for Revocation or Suspension of Operator’s Permit or Certified Massage Establishment Certificate”) EMC 5-11.14 (“Violations a Public Nuisance – Penalties, Nuisance Abatement, and Other Remedies”) - Replace “unlawful” with “violation of the Emeryville Municipal Code”; remove "in addition to or in lieu of prosecuting a criminal action hereunder”, and add “Chapter 7 of Title 1 of this Code” to available remedies.
EMC 5-16
Pawnbrokers, Secondhand Jewelry Dealers and Auction Sales Eliminate infraction penalty and eliminate misdemeanor penalty for EMC Sections 16-2.220 and 16-2.221) Repeal Chapter in its Entirety
Staff determined that permitting and regulations of pawnbrokers, secondhand jewelry dealers and auction sales are no longer enforced EMC 5-16.220 and .2221
Auction Sales: False Representations: Substitution of Merchandise and Auction Sales: Criers Eliminate misdemeanor penalty
See above modification/amendments to EMC 5-16)
EMC 5-17
Alarm Systems
Eliminate infraction penalty
EMC 5-17.02 (a) and (b) (“Alarm System Requirements” and EMC 5-17.03 (“Alarm System Permit Required”) – Replace “unlawful” with “a violation of the Emeryville Municipal Code.” EMC 5-17.06 (“False Alarms: Prohibition and Penalties”) – Replace “Penalties” for “Fines” in section title; Replace “unlawful” with “a violation of the Emeryville Municipal Code” in 5-17.06(a)( and (b); EMC 5-17.06(c)(3) - Replace “infraction” with “fine”
EMC 5-18
Poolrooms
Eliminate infraction remedy
EMC 5-18.01 (“Hours of Operation”) – Replace “unlawful” with “a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code.” EMC 5-19
Streets and Sidewalks
Eliminate infraction remedy
Replace “unlawful” to “a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code” to following EMC sections:
EMC 5-19.01 (“Cutting and Destruction: Permits Required”); EMC 5-19.02 (“Burning: Permits Required”);
EMC 5-19.04 (“Maintenance of Vehicles”);
EMC 5-19.05 (“Use of Mortar”);
EMC 5-19.06 (“Use of Concrete”);
EMC 5-19.07 (“Carrying Sand, Earth, and Rock”)
EMC 5-19.08(b) Repair of Railroad Spurs Within City Streets – lists penalties for RR owners of up to $1,000 per spur for each 30 day period that plans are not submitted in advance. Check with City on whether to add admin citation as additional penalty.
EMC 5-25
Hotels, Motels and Lodging Hotels
Eliminate misdemeanor penalty
EMC 5-25.01 (“Registration”) and EMC 5-25.05 (“False Information”) - Replace “unlawful” to “a violation of Emeryville Municipal Code.” EMC 5-25.07 (“Violations”) – Replace “a misdemeanor as specified in Title 1, Chapter 2, Section 1.2.01” with “a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1.” EMC 5-28
Cannabis
Eliminate misdemeanor penalty
EMC 5-28.13(a) (“Penalties”) – Replace “punishable as misdemeanors” with “subject to administrative citation under Chapter 7 of Title 1 of this Code.” Replace “offense” with “violation.”
EMC 5-35
Certified Farmers’ Markets
Eliminate infraction penalty
EMC 5-35.02 (“Business Tax Certificate”) and EMC 5-35.04 (“Farmers’ Market Permit to Operate”) – Replace “unlawful” with “a violation of Emeryville Municipal Code.” EMC 5-35.11 (“Penalties”) – Replace “punishable as an infraction as provided in Chapter 2 of Title 1” with “subject to administrative citation under Chapter 7 of Title 1 of this Code.” Replace “a separate “offense” with “separate violation.” EMC 5-36
Irrigation Water Waste Prohibition
Eliminate infraction penalty
EMC 5-36.06 (“Enforcement, Notices of Violations, Administrative Hearing, Penalties”) – in subsection (c) – add “as set forth in Chapter 7 of Title 1 in this Code.” Remove Section 5-36.06(e) “Anyone violating or failing to comply with any of the requirements of this chapter will be guilty of an infraction pursuant to Section 1.2.01(f).” Re-number remaining subsections (f) and (g) to (e) and (f).
TITLE 6 – SANITATION AND HEALTH
EMC CODE CHAPTER/
SECTION
SUBJECT
CITY COUNCIL RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT*
NOTES
EMC 6-1
Animals and Fowl
Maintain misdemeanor penalty for EMC 6-1.107 (“Keeping Vicious Animals Within the City Prohibited”); Remove infraction penalty for failing to register pigeons with Chief (Chapter 1, Art. 5) Replace “unlawful” with “a violation of the Emeryville Municipal Code” in the following EMC Sections:
EMC 6-1.105 (“Animal Hospitals: Permits: Required”);
EMC 6-1.111 (“Feeding Animals”);
EMC 6-1.112 (“Breeding Animals”);
EMC 6-1.113 (“Animals Running At Large”);
EMC 6-1.115 (“Sales of Novelty Animals and Fowl”);
EMC 6-1.117 (c) (“Public Nuisances (c) Private Property”).
EMC 6-1.118 (“Violations: Penalties”) – Replace “unlawful” with “a violation of the Emeryville Municipal Code” and add “(I)n 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." No changes necessary to Article 5 (“Pigeons”) Section 6-1.501 (“Banding and Registration.” Infraction penalty was eliminated with revision of penalty chart in Chapter 2 of Title 1 at 12-12-2022 CC meeting.
EMC 6-2
Dangerous and Insanitary Conditions
Reduce penalty for Littering and Accumulations Public Places (2.02 and 2.03) from misdemeanor to infraction Remove infraction penalty for remainder of Chapter
EMC 6-2.01 (“Expectorating”) Replace “unlawful” with “a violation of the Emeryville Municipal Code, subject to administrative citation as provided in Chapter 7 of Title 1 of this Code.” EMC Sections 6-2.02 (“Littering and Accumulations: Public Places”) and EMC 6-2.03 (“lettering and Accumulations: Parks and Schools”) - Add “Infraction Penalty” to section titles; and add “(I)n addition to any other penalties or civil remedies provided by this chapter, each violation of this provision may be prosecuted as an infraction, as provided in Section 1-2.01 of Chapter 2 of Title 1 of this Code.” EMC 6-2.04 (“Accumulations: Private Premises”) – Replace “unlawful” with “In addition to other penalties or civil remedies provided in this chapter, it shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code.” EMC 6-3
Food Establishments
Remove infraction penalty
No code change necessary.
Infraction was removed from penalty chart in Chapter 2 of Title 1 at 12-12-2022 CC meeting.
EMC 6-4
Collection of Solid Waste and Recyclables
Remove infraction penalty
Replace “unlawful” with “a violation of the Emeryville Municipal Code” add language that violation is subject to admin citation in following sections:
EMC 6-4.04 (“Removal, Handling, and Disposal of Municipal Solid Waste”).
EMC 6-4.10 (“Collection; Interference”).
EMC 6-4.16 (b) (“Ownership of Recyclable Materials”) – Replace “unlawful” with “a violation of the Emeryville Municipal Code” and replace “infraction” with “violation”).
EMC 6-4.17 (“Prohibition on Destruction of Source Separated Recyclables”) – Replace “unlawful” with “a violation of the Emeryville Municipal Code” and replace “infraction” with “violation under this Code.” EMC 6-4.19 (a) (“Penalties”) – replace “guilty of an infraction pursuant to Chapter 2” with “subject to administrative citation pursuant to Chapter 7.” EMC 6-5
Laundries
Remove infraction penalty
Replace “unlawful” with “a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code” in following sections:
EMC 6-5.01 (“Compliance: Required”);
EMC 6-5.03 (a) and (b) (“Compliance: Certificates: Issuance); EMC 6-5.06 (“Permits”).
EMC 6-7
Rodent Harborage
Remove misdemeanor penalty
EMC 6-7.11 (“Rodentproofing: Removal”) – Replace “unlawful” with “a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code.” EMC 6-9
Water Wells
Remove infraction penalty
EMC 6-9.03 (“Penalties”) – Replace “will be guilty of an infraction pursuant to Section 1.2.01(f)” with “It shall be a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code for anyone to violate or fail” to comply.
EMC 6-10
Weed and Refuse Abatement
Remove infraction penalty
EMC 6-10.02 (“Nuisances: Weeds”) and EMC 6-10.03 (“Nuisances: Refuse”) – Replace “unlawful” with “a violation of the City of Emeryville Municipal Code” EMC 6-10.06 (“Nuisances: Removal: Alternatives”) – Add sentence to end of provision: “In addition to any removal remedies provided by this chapter, a violation of this chapter may also be subject to administrative citation as set forth in Chapter 7 of Title 1 of this Code.” EMC 6-11
Property Maintenance
Remove misdemeanor and infraction penalty
EMC 6-11.01 (“Unlawful Property Nuisances”) – Remove “Unlawful from title of section and replace “unlawful” with “a violation of the Emeryville Municipal Code” EMC 6-11.15 (“Violations”) – Replace “is guilty of a misdemeanor, provided the City may, in the direction of the enforcing officer, charge such violation as an infraction” with “shall be subject to administrative citation under Chapter 7 of Title 1 of this Code.” Replace “is guilty of a misdemeanor” with “shall also be subject to administrative citation under Chapter 7 of Title 1 of this Code.” Add “(T)he remedies and penalties provided in this chapter are cumulative and not exclusive of one another.” EMC 6-12
Operation and Maintenance of Off-Street Parking Facilities Remove misdemeanor and infraction penalty
EMC 6-12.01 (“Enclosing Off-Street Parking when Businesses are Closed”) – Replace “unlawful” for “a violation of the Emeryville Municipal Code” EMC 6-12.04 (“Violations: Penalties”) Replace entire provision with “Any person violating or failing to comply with any provision of this chapter shall be subject to administrative citation as provided in Chapter 7 of Title 1 of this Code.” EMC 6-14
Food Service Waste Reduction
Remove infraction penalty
EMC 6-14.05 (“Enforcement; Notices of Violation; Penalties”) – Remove subsection (c) – “Anyone violating or failure to comply with any of the requirements of this chapter will be guilty of an infraction pursuant to Section 1.2.01(f).” Re-number remaining subsections and correct typo “City Manager” in new subsection (d). Add “as set forth in Section 1-7.07 of Chapter 1 of Title 1 of this Code” and remove following language: “such warning or determination of liability by filing a written request with the City Manager or his/her designee. The City Manager, or his/her designee, 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.” Note - Appeal of administrative citation language was changed to be consistent with Section 1-7.07 (“Request for Administrative Hearing”) TITLE 7 – PUBLIC WORKS
EMC CODE CHAPTER/
SECTION
SUBJECT
CITY COUNCIL RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT*
NOTES
EMC 7-3
Sidewalks, Curbs and Driveways
Eliminate infraction penalty
Replace “unlawful” with “a violation of the Emeryville Municipal Code, subject to administrative citation under Chapter 7 of Title 1 of this Code,” to the following EMC Sections:
EMC 7-3.01 (“Sidewalks and Curbs: Construction: Permission Required: Exceptions”); EMC 7-3.02 (“Sidewalks and Driveways: Construction or Repair: Permits Required: Exceptions”); EMC 7-3.13 (“Curbs: Construction: Permits Required”)
EMC 7-4
Underground Utility Facilities
Eliminate infraction penalty
No code revisions necessary.
Infraction penalty removed with revision of Penalty Provisions of Chapter 2 of Title 1 by CC on 12-12-2022.
Remedies for non-compliance with underground utilities order/requirements addressed in code.
EMC 7-6
Required Installations of Public Improvements
Eliminate infraction penalty
No code revisions necessary.
Infraction penalty removed with revision of Penalty Provisions of Chapter 2 of Title 1 by CC on 12-12-2022.
EMC 7-7
Standard Specifications for Public Works Construction
Eliminate infraction and misdemeanor penalty
EMC 7-7.04 (“Violations: Penalties”) - Replace “unlawful” to “violation of Emeryville Municipal Code” Replace “deemed guilty of a misdemeanor and shall be punishable as set forth in Chapter 2 of Title 1” with “subject to administrative citation under Chapter 7 of Title 1 of this Code.” EMC 7-10
Urban Forestry Ordinance
Eliminate infraction penalty
Replace “unlawful” with “a violation of the Emeryville Municipal Code” in following EMC Sections:
EMC 7-10.05(a) and (b) (“Planting and Removal of Street Trees/Encroachment Permit Required”); EMC 7-10.06(a), (b) and (c) (“Protection of Trees and Landscape Material”); EMC 7-10.08 (“Materials Deleterious to Plant Growth Prohibited”); EMC 7-10.09 (“Paving Prohibited on Parkway”)
EMC 7-10-12 (“Penalties for Violation of Ordinance”) – Replace “unlawful” with “a violation of the Emeryville Municipal Code”; Subsection (a) – Replace “Criminal Penalties” with “Administrative Citation” and replace “shall be punishable as set forth in Chapter 2 of Title 1” with “shall be subject to administrative citation, as set forth in Chapter 7 of Title 1.” TITLE 8 – BUILDING REGULATIONS
EMC CODE CHAPTER/
SECTION
SUBJECT
CITY COUNCIL RECOMMENDATION
PROPOSED MODIFICATION/ AMENDMENT*
NOTES
EMC 8-14
Sandblasting
EMC 8-14.07 (“Hours and Days”) -
Replace “Section 5-12.05(e”) to “Section 5-13.05(e)”
Code typo clean-up suggested by Code Publisher
EMC 8-18
Seismic Hazard Identification and Mitigation Program for Unreinforced Masonry Buildings Eliminate misdemeanor penalty
EMC 8-18.14 (“Remedies”) – Replace “unlawful” with “a violation of Emeryville Municipal Code.” Replace “shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the County Jail for a term not exceeding six (6) months, or by both such fine and imprisonment. Such building owner shall be guilty of a separate offense for each and every day during any portion of which such violation of this chapter is committed, continued or permitted by such building owner” with “shall be subject to administrative citation as set forth in Chapter 7 of Title 1 of this Code.” EMC 8-19
Regulations for the Conversion of Commercial/Industrial Buildings to Live/Work Occupancies Eliminate infraction penalty
No code revisions necessary.
Infraction penalty removed with revision of Penalty Provisions of Chapter 2 of Title 1 by CC on 12-12-2022.
EMC 8-20
Building Permit Fees for the Installation of Photovoltaic Solar Panels Eliminate infraction penalty
No code revisions necessary.
Infraction penalty removed with revision of Penalty Provisions of Chapter 2 of Title 1 by CC on 12-12-2022.
EMC 8-21.04 and .05
Floodplain Management
Eliminate misdemeanor penalty
No code revisions necessary.
Misdemeanor penalty removed with revision of Penalty Provisions of Chapter 2 of Title 1 by CC on 12-12-2022.
EMC 8-21 (except .04 and .05)
Floodplain Management
Eliminate infraction penalty
EMC 8-21.11 (“Enforcement”) – Replace “shall be punishable as an infraction . . .in Chapter 2” with “shall be subject to administrative citation. . . as provided in Chapter 7.” EMC 8-26
Construction and Demolition Waste Requirements
Eliminate infraction penalty
EMC 8-26.05(c)(3) (“Compliance with the Waste Management Plan”) – Add “in violation of this chapter” for noncompliance with WMP requirement.
EMC 8-26.08 (“Enforcement”) – Replace “shall be punishable as an infraction. . . as provided in Chapter 2” with “shall be subject to administrative citation . . . as provided in Chapter 7” TITLE 9 – PLANNING REGULATIONS
EMC CODE CHAPTER/
SECTION
SUBJECT
CITY COUNCIL RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT*
NOTES
EMC 9-1.301
Planning Regulations – General Provisions
EMC 9-1.301 (“Related Municipal Code Provisions”) Remove “Fortunetelling: Chapter 7 of Title 5” from list Code clean-up language recommended by Code Publisher.
EMC 9-5.416
Planning Regulations
Eliminate infraction and misdemeanor penalty
EMC 9-5.416 (“Enforcement”) – Replace “guilty of a misdemeanor, and upon conviction thereof shall be punishable for each offense by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the County Jail for a term not exceeding six (6) months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this article is commenced, continued, or permitted by such person, firm, or corporation, and shall be punishable as provided herein” with “subject to administrative citation as set forth in Chapter 7 of Title 1 of the Emeryville Municipal Code.” EMC 9-7.1502 Penalties. Change “unlawful” language to “violation of Emeryville Municipal Code,” remove infraction penalty and add “subject to administrative citation” language.
EMC 9-7.1502
Enforcement and Revocation
Eliminate misdemeanor and infraction penalty
EMC 9-7.1502 (“Penalties”) – Replace “unlawful” with “a violation of the Emeryville Municipal Code” and replace “punishable as set forth in Chapter 2” with “subject to administrative citation as set forth in Chapter 7.” TITLE 10 -TIDELANDS
EMC CODE CHAPTER/
SECTION
SUBJECT
CITY COUNCIL RECOMMENDATION
PROPOSED MODIFICATION/AMENDMENT*
NOTES
EMC 10-1
Rules and Regulations for the Emeryville Marina
Reduce misdemeanor to infraction
EMC 10-1.22 (“Violations: Penalties”) – Replace “Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor. and shall be punishable by a fine not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment“ with “Each violation of this chapter may be prosecuted as an infraction, as provided in Section 1-2.01 of Chapter 2 of Title 1 of this Code.”
* Deletions are indicated by strikethrough text and additions are indicated in bold.
City of Emeryville – Elimination of Criminal Penalties in Municipal Code Group I “Clean Up” Amendments