Emeryville Municipal Code Page 1/5
The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023. 1-2.01 Violations, Misdemeanors or Infractions.
(a) Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of one thousand dollars ($1,000.00), or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or the provisions of any code adopted by reference by this Code, is committed, continued, maintained, or permitted by such person and shall be punishable accordingly.
(b) Any person convicted of an infraction under the provisions of this Code shall be punishable for 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 five four hundred dollars ($5400.00). After the third conviction, any repeat violation within one (1) year may be charged as a misdemeanor. (1) Pursuant to Government Code Section 36900, a violation of a building and safety code determined to be an infraction is punishable by a fine not exceeding one hundred thirty dollars ($130) for the first violation, a fine not exceeding seven hundred ($700) for a second violation of the same ordinance within one year, and a fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation. A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property. (2) Any infraction fines levied as result of a second or more violations of the same ordinance within one year may be entitled to a hardship waiver. Any person seeking a hardship waiver must submit a written request within fifteen (15) days of issuance of the fine to the City Clerk’s office to be reviewed by the City Manager. The hardship waiver request must include evidence that the responsible party has made a bona fide effort to comply with the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party, including evidence that the responsible party is enrolled in a State of California public assistance program, such as Medi-Cal. The City Manager shall issue a written determination on the hardship waiver request to be served by regular mail on the requesting party. The City Manager’s determination on the hardship waiver is final and not subject to further appeal.
(c) In addition to the penalties provided by this section, any condition caused, maintained, or permitted to exist in violation of any of the provisions of this Code, or the provisions of any Code adopted by reference by this Code, or any subdivision, building, wiring, plumbing or other similar activity in violation of the provisions of this Code shall be deemed a public nuisance and may be summarily abated by the City in a civil action, and each day such condition continues shall be a new and separate offense.
(d) No person shall violate any provision or fail to comply with any of the requirements of this Code. In addition to any other legal remedies which may be pursued by the City, any violation of this Code may be subject to administrative citation as provided in Chapter 7 of this title. (e) Notwithstanding any other provision of this Code, any person violating or failing to comply with only the following provisions of this Code shall be guilty of a misdemeanor:
Title Chapter Article/
Section Chapter Description
4 2 Entire Emergency Plans
4 11 Entire Electric Personal
Assistive Mobility
Devices (EPAMD)
Emeryville Municipal Code Page 2/5
The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023.
Title Chapter Article/
Section Chapter Description
5 5 Entire Card Rooms
5 8 Entire Gas, Water and Electric
Meters
5 9 .03 Intoxication;
Consumption of
Alcoholic Beverages on
Public Streets or on
Private Property
Adjacent Thereto
5 14 .05 Obstructions to Streets
and Sidewalks;
Interfering with Free
Ingress or Egress –
Willful and Malicious
Obstruction of Public
Property
5 20 2 Weapons; Saturday
Night Special/Junk Gun
Sales Prohibition
5 21 .12 Bingo Games; Profits:
Separate Accounts;
Records; Violations;
Penalties
5 30 Entire Regulation of Firearms
Dealers
6 1 1.107 Animals and Fowl;
Keeping of Vicious
Animals Within City
Prohibited
6 13 Entire Stormwater Treatment
Design, Management
and Discharge Control
Program
7 1 Entire Datum Plane
7 5 .13 Grading; False
Statements and Data
7 8 Entire Wastewater Collection
System
9 6 1.105 Subdivisions;
Prohibitions
(f) Notwithstanding any other provision of this Code, any person violating or failing to comply with only the following provisions of this Code shall be guilty of an infraction:
Title Chapter Article/
Section Chapter Description
4 2 Entire Emergency Plans
4 5 Entire Fire Code
4 6 Entire Fireworks
4 8 Entire Vehicles for Hire;
Taxicabs; Limousines
4 10 Entire Parking Meters
Emeryville Municipal Code Page 3/5
The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023.
Title Chapter Article/
Section Chapter Description
4 11 Entire Electric Personal
Assistive Mobility
Devices (EPAMD)
5 2 Entire Advertising
5 4 Entire Cabarets and Dances
5 9 .02 Intoxication; Possession
of Open Alcohol
Beverage Container
5 13 Entire Noise
5 14 Entire (except
Section
5-14.05)
Obstructions to Streets
and Sidewalks
5 20 Entire Weapons
5 21 Entire (except
Section
5-21.12)
Bingo Games
5 23 Entire Community Events
5 24 Entire Parks
5 27 Entire Sidewalk and Street
Vendors
5 29 Entire Smoking Pollution
Control
5 30 Entire Regulation of Firearms
5 34 Entire Signs on Public
Sidewalks
5 38 Entire Skateboard Facilities
6 2 .02 and .03 Dangerous and
Insanitary Conditions;
Littering and
Accumulations: Public
Places, Parks and
Schools
6 6 Entire Obstructions to
Watercourses
6 13 Entire Stormwater Treatment
Design, Management,
and Discharge Control
Program
7 2 Entire Excavations and
Encroachments in the
Public Right-of-Way
7 8 Entire Wastewater Collection
System
8 1 Entire Building Code
8 2 Entire Historical Building
Code
8 3 Entire Existing Building Code
8 4 Entire Residential Code
Emeryville Municipal Code Page 4/5
The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023.
Title Chapter Article/
Section Chapter Description
8 5 Entire Mechanical Code
8 7 Entire Electrical Code
8 8 Entire Green Building
Standards Code
8 9 Entire Property Maintenance
Code
8 11 Entire Dangerous Buildings
Code
10 1 Entire Rules and Regulations
for the Emeryville
Marina
10 1 and 2 Entire Tidelands: Rules and
Regulations for the
Emeryville Marina;
Activities in the
Tidelands Within the
City of Emeryville
(g) The following officers and their subordinates designated in writing to the City Manager shall have and are hereby invested with the authority to cite and/or arrest any person who violates the provisions of this Code set forth in subsections (e) and (f) of this section:
TITLE OF OFFICERS
Fire Chief
Chief Building Official
City Engineer
Police Officers
Community Preservation Officer
Director of Planning and Building
(h) The Council shall have the power to designate by written order that particular officers or employees shall be authorized to enforce the provisions of this Code set forth in this section in addition to those officers enumerated in subsection (g) of this section. Officers or employees so designated shall have the authority to cite and/or arrest persons who violate any of said provisions.
(i) An officer or employee designated pursuant to subsection (g) or subsection (h) of this section shall be determinative of the enforcement powers of such officer or employee, notwithstanding a designation of a different officer or employee within the particular provision of this Code referred to in subsection (g) of this section. (Sec. 1.7, E.T.C.; Ord. 81-04, eff. Nov. 19, 1981; Ord. 82-09, eff. June 1, 1982: Ord. 91-06 § 2, eff. Sept. 5, 1991; Ord. 94-011 §§ 2-4, eff. Sept. 4, 1994; Ord. 94-012 § 2, eff. Oct. 20, 1994; Ord. 95-003 § 2, eff. Mar. 9, 1995; Secs. 4, 5, 6, Ord. 99-011, eff. Nov. 6, 1999; Sec. 3, Ord. 02-010, eff. July 6, 2002; Secs. 3, 4, Ord. 03-006, eff. June 19, 2003; Sec. 2, Ord. 04-008, eff. July 15, 2004; Sec. 3, Ord. 06-001, eff. Mar. 9, 2006; Sec. 3, Ord. 06-005, eff. May 18, 2006; Sec. 4, Ord. 06-007, eff. Aug. 17, 2006: Sec. 3 (part), Ord. 06-021, eff. Mar. 1, 2007; Sec. 3, Ord. 07-004, eff. May 3, 2007; Sec. 3, Ord. 07-015, eff. Jan. 3, 2008; Sec. 3, Ord. 08-006, eff. Oct. 2, 2008; Sec. 3, Ord. 09-003, eff. July 16, 2009; Sec. 3, Ord. 09-004, eff. July 16, 2009; Sec. 3, Ord. 10-019, eff. Jan. 20, 2011; Sec. 4, Ord. 11-005, eff. June 2, 2011; Sec. 4, Ord. 11-011, eff. Nov. 17, 2011; Sec. 4, Ord. 12-001, eff. Feb. 16, 2012; Sec. 8, Ord. 12-003, eff. Mar. 8, 2012; Sec. 4, Ord. 12-005, eff. Mar. 8, 2012; Sec. 2, Ord. 14-001, eff. Mar. 6, 2014; Sec. 4, Emeryville Municipal Code Page 5/5
The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023.
Ord. 15-005, eff. Aug. 20, 2015; Sec. 3, Ord. 15-007, eff. Oct. 1, 2015; Sec. 3, Ord. 17-011, eff. Nov. 2, 2017; Sec. 2 (Exh. 1), Ord. 22-015, eff. Jan. 19, 2023)