Emeryville City Council
June 18, 2024

ORDINANCE NO. 24-007
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 II Amendments”; Repealing Chapter 11 Of Title 4 (“Electronic Personal Assistive Mobility Devices”) In Its Entirety. CEQA Determination: Not A Project And Exempt Pursuant To CEQA Guidelines Sections 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, on October 3, 2023, the City Council approved and introduced Ordinance No. 23-003, in which the penalties imposed for code violations in the revised Section 1-

2.01(e) and (f) of Chapter 2 of Title 1 were made consistent with those penalties included within the specific code sections, identified as “Group I Amendments” as further described below: 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 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 DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Ordinance No. 24-007
Decriminalization – Group II Amendments
City Council Meeting | June 18, 2024

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 referred to as “Group I Amendments”; and WHEREAS, further amendments are necessary to reduce or amend the criminal penalties imposed for code violations and to bring certain EMC Chapters into compliance with recent changes to state law, as set forth in the following municipal code chapters:

Chapter 1 (“Penalty Provisions”) of Title 1; Chapters 6 (“Fireworks”), and 8 (“Vehicles for Hire”) of Title 4; Chapters 14.05 (“Interfering with Free Ingress and Egress - Willful and Malicious Obstruction of Public Rights-of-Way), 21 (“Bingo Games”), 23 (“Community Events”), 24 (“Parks”), 27 (“Sidewalk and Street Vendors”), 34 (“Signs on Public Sidewalks”) and 35 (“Certified Farmers’ Markets”) of Title 5, hereinafter referred to as “Group II Amendments”, and
WHEREAS, as the Vehicle Code of the State of California regulates the operation of Electric Personal Assistive Mobility Devices (otherwise known as “EPAMDs”), Chapter 11 of Title 4 (“Electric Personal Assistive Mobility Devices”) is duplicative and no longer necessary for enforcement; 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 to eliminate or modify criminal penalties for code violations, and to repeal Chapter 11 of Title 4 (Electric Personal Assistive Mobility Devices) in its entirety.

SECTION TWO. REPEALING AND REPLACING VARIOUS EMERYVILLE

MUNICIPAL CODE SECTIONS TO ELIMINATE OR MODIFY THE CRIMINAL AND ADMINISTRATIVE PENALTIES, AS INDENTIFIED AS “GROUP II AMENDMENTS.” The EMC Chapters, identified herein as “Group II Amendments”, are hereby repealed as indicated by strikeout and replaced with language marked in bold, as indicated in Exhibits 1A through 1J, attached hereto and made a part hereof.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Ordinance No. 24-007
Decriminalization – Group II Amendments
City Council Meeting | June 18, 2024

SECTION THREE. REPEALING CHAPTER 11 OF TITLE 4 (ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES) IN ITS ENTIRETY.

Chapter 11 (“Electric Personal Assistive Mobility Devices”) of Title 4 (“Public Safety”) is hereby repealed in its entirety.

SECTION FOUR. CEQA DETERMINATION
The City Council finds that adoption of this Ordinance is not a project 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 15061(b)(3).

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

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Ordinance No. 24-007
Decriminalization – Group II Amendments
City Council Meeting | June 18, 2024

This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 4, 2024, and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 18, 2024, by the following vote:

AYES: 5
Mayor Welch, Vice Mayor Mourra and Council Members Bauters, Kaur and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK SPECIAL COUNSEL

ATTACHMENTS
 Exhibit A – Group II Amendments
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 DEPUTY
Emeryville Municipal Code Page 1/4
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 hundred dollars ($500.00). (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)
5 5 Entire Card Rooms
5 8 Entire Gas, Water and Electric
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code Page 2/4
The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023.

Title Chapter Article/
Section Chapter Description
Meters
5 9 .03 Intoxication;
Consumption of
Alcoholic Beverages on
Public Streets or on
Private Property
Adjacent Thereto
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
5 2 Entire Advertising
5 4 Entire Cabarets and Dances
5 9 .02 Intoxication; Possession
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code Page 3/4
The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023.

Title Chapter Article/
Section Chapter Description
of Open Alcohol
Beverage Container
5 13 Entire Noise
5 14 Entire 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 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
8 5 Entire Mechanical Code
8 7 Entire Electrical Code
8 8 Entire Green Building
Standards Code
8 9 Entire Property Maintenance
Code
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code Page 4/4
The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023.

Title Chapter Article/
Section Chapter Description
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, 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)
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 6. FIREWORKS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023.

CHAPTER 6.

FIREWORKS
Sections:
4-6.01 Sales: Possession
4-6.02 Discharging
4-6.03 Penalties.
4-6.01 Sales: Possession.

It shall be unlawful and a violation of the Emeryville Municipal Code for any person to sell or offer for sale or have in his possession or custody fireworks or firecrackers of any kind whatsoever or by whatever name known, or any article for making pyrotechnic displays.
(Sec. 3, Ord. 176)
4-6.02 Discharging.

It shall be unlawful and a violation of the Emeryville Municipal Code for any person to at any time fire, discharge, or explode fireworks, firecrackers, Roman candles, squibs, colored fire, torpedoes, mines, torches, or any combustible or explosive device of any kind whatsoever or by whatever name known. 4-6.03 Penalties.

Any violation of this Chapter shall be punishable as an infraction as set forth in Chapter 2 of Title 1 or may also be subject to administrative citation pursuant to Chapter 7 of Title 1 of this Code. (Sec. 1, Ord. 176)
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 8. VEHICLES FOR HIRE*

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023.

CHAPTER 8.

VEHICLES FOR HIRE*
Sections:

Article 1. Taxicabs
4-8.1.1 Definitions
4-8.1.2 Permit Fees
4-8.1.3 Fleet Management Permit
4-8.1.4 Taxicab Permit
4-8.1.5 Driver’s Permits
4-8.1.6 Controlled Substance and Alcohol Testing Certification Program 4-8.1.7 Permit Administration: Suspension and Revocations 4-8.1.8 Insurance Requirements
4-8.1.9 Taximeters and Fares
4-8.1.10 Taxicabs from Other Municipalities
4-8.1.11 Public Convenience and Necessity
4-8.1.12 Taxicab Stands: Joint Use
4-8.1.13 Interior Lighting
4-8.1.14 Loading and Unloading Passengers
4-8.1.15 Violations
Article 2. Limousines
4-8.2.1 Definitions
4-8.2.2 Limousines Shall Operate from Fixed Location
4-8.2.3 Exclusive Use by Passengers – Window Blinds Prohibited 4-8.2.4 Drivers to Use Direct Route
4-8.2.5 Receipt for Fare
4-8.2.6 Refusal to Pay Fare
4-8.2.7 Keeping of Trip Data Required
4-8.2.8 Violations
* Editor’s Note: Ordinances 78-01, 81-02, 86-010, 89-006 and 90-2, previously codified herein, have been superseded by Ordinance 11-011.

Article 1. Taxicabs
4-8.1.1 Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
(a) “Chief of Police” shall mean the Chief of Police of the City of Emeryville or his or her designee. (b) “Driver’s permit” means the annual permit issued by the Chief of Police which authorizes the recipient to drive a taxicab for a specified fleet manager within the City of Emeryville. (c) “Entity” means an individual, group of individuals, partnership, limited partnership, joint venture, corporation, cooperative, firm, association or any other organizational structure. (d) “Fleet management permit” means the permit issued to an entity by the Chief of Police which authorizes the overall operation and management of all taxicabs engaged in the business of carrying passengers for hire identified by name, phone number, central dispatch, color scheme, monogram, or insignia distinguishing itself from any other entity engaged in such business.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 8. VEHICLES FOR HIRE*

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (e) “Fleet manager” means that person designated by the entity as the person responsible for all operations under the fleet management permit.
(f) “Owner” means any entity that is named as the registered owner of a vehicle which is used as a taxicab in the City, including, but not limited to, receivers or trustees appointed by any court. (g) “Prearranged trip” means a trip using an online enabled application, dispatch, or Internet Web site. (h) “Self-employed” means a natural person acting as an independent driver unassociated with a particular fleet or one who leases a fleet vehicle for their independent enterprise. (i) “Substantially located” means that the owner or taxicab company meets either of the following: 1) has its primary business address within the City; or 2) the total number of prearranged and non-prearranged trips that originate within the City’s jurisdiction accounts for the largest share of the taxicab’s company total number of trips over the previous calendar year, as determined annually. A taxicab company may be substantially located in more than one jurisdiction.
(j) “Taxicab” shall mean every passenger vehicle used to carry not more than eight (8) passengers for hire and which is operated at rate per mile or upon a waiting time basis or both. “Taxicab” does not include passenger services over a defined route, irrespective of whether the operation extends beyond the boundary limits of the City of Emeryville or if routed under the direction of such passengers or of such person hiring the vehicle. (k) “Taxicab permit” means the permit, issued by the Chief of Police, which evidences that a vehicle is authorized by the Chief of Police to operate under a specific fleet management permit, has been inspected, and certified to operate as a taxicab.
(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.1.2 Permit Fees.

For purposes of this chapter, fees for a fleet management permit, taxicab permit and driver’s permit and any renewal thereof shall be as set forth in the City of Emeryville Master Fee Schedule. Such fees shall be set to defray the costs of taxicab vehicle inspections, certifications and background investigation costs of fleet management permits, taxicab permits and driver’s permits.
(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.1.3 Fleet Management Permit.
(a) It shall be a violation of the Emeryville Municipal Code for any taxicab owner that is substantially located in the City of Emeryville to engage in the business of carrying passengers for hire in the City of Emeryville without first obtaining and maintaining a fleet management permit specified by this section. (b) Applications for a fleet management permit shall be filed with the Chief of Police. The form and contents of such applications shall be specified by the Chief of Police; however, the following shall constitute the minimum requirements to qualify for a fleet management permit:
(1) Proof that the applicant has insurance which satisfies the requirements of Section 4-8.1.8 and which is adequate to cover all taxicabs for which the applicant is responsible; (2) Designation of a fleet manager to whom all correspondence and official notices may be directed and who is authorized to and is responsible for the conduct of all business with City officials charged with enforcing the provisions of this chapter;
(3) Disclosure of the names, residence, and business addresses of the fleet manager, all directors, officers, partners, and associates directly or indirectly holding a financial interest in the application and the proposed fleet management permit. A certified copy of the current, valid fictitious business name certificate, evidence of publication, and an affidavit of publication, under which the applicant does, or intends to do, business; DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 8. VEHICLES FOR HIRE*

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (4) A complete description of the fleet’s proposed operations, including a radio-dispatching service provided either by the applicant or another party under contract, including all licenses for the operation of all radios whether directly or by contract. Failure to operate according to the proposed terms shall be considered a violation of this chapter;
(5) A proposed color scheme for each taxicab in the fleet; (6) A list of the make, model, year, mileage and license plate number of all taxicabs that will operate under the fleet management permit;
(7) The application and supporting documentation shall be submitted to the Chief of Police by the entity, accompanied by proof of payment from the Finance Department of the appropriate business license fee, fleet management permit fee, and taxicab permit fee as set forth in the City of Emeryville’s Master Fee Schedule. (c) Fleet management permittees are required to maintain for a period of not less than one (1) year all records pertaining to the fleet’s operations and management, including but not limited to all waybills or trip data logs completed by drivers, all dispatch logs, all taxicabs inspection records, driver training records, passenger complaints, citation records, leasing records, and insurance records. Fleet managers shall make available for inspection by the City, Monday through Friday from 9:00 a.m. to 5:00 p.m., all such records. Fleet managers shall take reasonable efforts to ensure the completeness and accuracy of all records. Any records which are determined to be inadequate, inaccurate or any request which is not complied with may result in the suspension or revocation of the fleet management permit pursuant to Section 4-8.1.7.
(d) Fleet management permittees shall be responsible for all aspects of the fleet management and day-to-day management operations, including but not limited to drivers and taxicabs operated under the fleet management permit, and shall be responsible for the following:
(1) Maintain reasonable financial responsibility to conduct taxicab transportation services in accordance with this chapter.
(2) Participate in the pull-notice program pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers, whether employees or contractors. (3) Maintain a safety education and training program in effect for all taxicab drivers, whether employees or contractors.
(4) Maintain a disabled access education and training program to instruct its taxicab drivers on compliance with state and federal disability laws.
(5) Maintain its motor vehicles used in taxicab transportation services in a safe operating condition, and in compliance with the Vehicle Code, subject to annual inspection by the City. (6) Provide the City with an address of an office or terminal where documents supporting the factual matters specified in this section may be inspected by the City. (7) Provide for a taxicab driver fingerprint-based criminal history check and drug and alcohol testing program pursuant to Government Code Section 53075.5(b)(3). (8) Comply with all of the provisions of this chapter;
(9) Provide documentation and trip data in the format required by the Chief of Police substantiating that the total number of prearranged and non-prearranged trips that originate within the City account for the largest share of the permittee’s total number of trips in the previous calendar year. (e) Every fleet management permittee shall notify the Chief of Police in writing of any change in the information originally supplied on the permit application form within ten (10) calendar days of any such change. Fleet management permittees are responsible for notifying the City upon termination of any driver. Any violation of any DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 8. VEHICLES FOR HIRE*

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. provision of this chapter by a driver or taxicab may be grounds for suspension or revocation of the fleet management permit.
(f) The Chief of Police may deny the granting of any fleet management permit if the applicant has been convicted of any crime, taking into consideration the nature and circumstance of the conviction, the age of the applicant at the time of conviction, the time elapsed since the conviction, and any evidence of rehabilitation. (g) Fleet management permits issued under the provisions of this chapter shall be effective for the calendar year for which the permit is issued only. All fleet management permits shall expire on December 31 of the year for which the permit is issued. Fleet management permits must be renewed annually by the fleet management permittee by submitting a completed application with required documents as set forth in this section no later than November 15. (h) Fleet management permits shall automatically expire upon the failure to pay the annual City business license fee.
(i) Any omission or untrue statement may be considered cause for denial or revocation of the fleet management permit.
(j) Denial of a fleet management permit by the Chief of Police shall be in writing and shall contain the reasons for the denial. The applicant shall have the right to appeal such decision to the City Council of the City of Emeryville in accordance with the provisions set forth in Chapter 4 of Title 1 of the Emeryville Municipal Code. (k) An applicant whose fleet management permit is denied may reapply no sooner than six (6) months from the date of denial. Any application received prior to expiration of the six (6) month period will not be acted upon until such period expires.
(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.1.4 Taxicab Permit.

It shall be a violation of the Emeryville Municipal Code for any owner of a taxicab that is substantially located within the City of Emeryville to operate or permit to be operated a taxicab within the City without first obtaining a taxicab permit as specified in this section and which must be permanently affixed to such taxicab. (a) The form and content of the application for a taxicab permit shall be specified by the Chief of Police; however, the following standards constitute the minimum requirements to qualify for a taxicab permit:
(1) Written acknowledgment by the fleet manager of a fleet management permittee that the taxicab is authorized to operate using the color scheme and name of the fleet management permittee and that the fleet management permittee assumes responsibility for the operation of the taxicab; (2) Proof that the taxicab is covered by the insurance of the fleet management permittee; (3) Presentation of a valid certificate of registration for the taxicab issued by the California Department of Motor Vehicles. The taxicab permit applicant must be named as the registered owner of the taxicab; (4) Proof that a taximeter of a type approved by the Chief of Police has been installed in the taxicab and has been certified by the County of Alameda Bureau of Weights and Measures subsequent to its installation in the taxicab;
(5) Proof that the taxicab is equipped with a two-way radio, in good working order, to be used for taxicab service dispatch purposes, and that the applicant has all applicable licenses for the operation thereof; (6) Presenting the taxicab for a safety inspection by the Chief of Police. At time of inspection the following certificates dated within sixty (60) days of the date of the inspection shall be presented:
(i) State of California Certificate of Compliance – Brake Adjustment which is valid at the time of the annual inspection;
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 8. VEHICLES FOR HIRE*

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (ii) State of California Certificate of Compliance – Motor Vehicle Pollution Control which is valid at the time of the annual inspection;
(iii) State of California Certificate of Adjustment – Lamp Adjustment which is valid at the time of the annual inspection;
(7) Taxicab inspections shall determine compliance with all applicable laws and standards. Standards for such inspections may include the following:
(i) All doors, windows, hoods, or trunks shall open or close securely; (ii) Peeling, defaced, or improperly repaired exterior decals, lettering or numbering shall be replaced; (iii) Functioning safety belts shall be required for all taxicab seats; (iv) Exterior paint or color schemes which are different from those approved by the Chief of Police pursuant to the fleet management permit or which are not maintained in the condition originally approved by the Chief of Police may be prohibited;
(v) Dirty, broken fixtures, or other conditions in the passenger compartments which could soil or tear a patron’s clothes shall be repaired, replaced and/or cleaned; (vi) Rust, dents, or tips in the taxicab’s exterior which are more than trivial, or missing components, including, but not limited to, chrome, rubber strips, or other component parts which might snag, tear, or injure a driver, pedestrian, or passenger shall be repaired. Any such damage will be considered to be more than trivial when single or multiple areas of damage affect an aggregate area of at least three (3) linear feet of the taxicab exterior. The measurement of each damaged area will be taken between the two (2) most widely spread points of the affected surface;
(vii) Driver or passenger compartments which have litter or trash shall be cleaned; (viii) Torn or improperly repaired upholstery, headliners or floor covering shall be repaired or replaced;
(ix) Re-tread tires shall be replaced with new tires;
(x) Interior lighting equipment with a light not less than two (2) candlepower within such taxicab, so arranged as to illuminate the whole interior.
(b) Taxicab permits issued by the City are the property of the City and shall not be sold, assigned, bequeathed, leased, or transferred, expressly or by operation of law, unless the Chief of Police determines that such sale, assignment, or transfer is made to a proposed permittee who is in compliance with the taxicab operating requirements of this chapter. A taxicab permit transfer will not be recognized by the City unless and until all other requirements of this chapter for operating the taxicab have been met. However, nothing contained in this section is intended to impair a valid contractual obligation regarding the temporary transfer of interest in a taxicab permit if such contractual obligation was entered into prior to the effective date of the ordinance codified in this section. A complete copy of each contractual agreement in existence at the time of the effective date of the ordinance codified in this section shall be provided to the Chief of Police within thirty (30) days. (c) All taxicabs operating within the City shall have signage permanently affixed to said taxicab containing the following information:
(1) On the exterior sides of the taxicab shall appear the name of the fleet management permittee, the insignia of such permittee, and the telephone number of the fleet management permittee. The size and location of vehicle numbers shall be designated by the Chief of Police.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 8. VEHICLES FOR HIRE*

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (2) On the back windshield, visible from outside the taxicab, an identification emblem issued by the Chief of Police setting forth the name and identification number of the fleet management permit and taxicab permit number.
(3) Within the interior of the taxicab, and in a location readily visible to passengers, shall appear a sign which states the name of the fleet management permittee, such permittee’s telephone number and the taxicab permit number. The name of the driver shall be posted on a sign, readily visible to the passenger, following the words, “Your driver is.”
(4) Within the interior of the taxicab shall appear a copy of the taxicab permit. The form, contents, and location of the taxicab permit shall be designated by the Chief of Police. (5) Within the interior of the taxicab, and in a location readily visible to the passenger, shall appear a sign titled Passenger’s Bill of Rights. It shall include the following:
(i) You have the right to be treated courteously.
(ii) You have the right to be taken to your destination by the most expeditious route. (iii) You have the right to be picked up and dropped off at a safe location. (iv) You have the right to have your baggage, not exceeding fifty (50) pounds, placed in the trunk of the taxi.
(v) You have the right to pay only the posted fare.
(vi) Passengers with disabilities have the right, upon request, to be assisted entering and exiting the taxi.
(vii) Passengers with disabilities have the right to be accompanied by service animals. (d) Taxicab permits issued under the provisions of this chapter shall be effective for the calendar year for which the permit is issued only. All taxicab permits shall expire on December 31 of the year for which the permit is issued.

Taxicab permits must be renewed annually by the fleet management permittee by submitting a completed application with required documents as set forth in this section no later than November 15. (e) In addition to the annual inspections provided for in subsection (a)(6) of this section, and as authorized under the California Vehicle Code, every taxicab which operates within the City shall be subject to a safety inspection by any peace officer at any time such peace officer has reason to suspect that the taxicab poses a threat to public safety.

If the taxicab fails to pass the safety inspection, the taxicab permit may be suspended or revoked pursuant to Section 4-8.1.7.
(f) Denial of a taxicab permit by the Chief of Police shall be in writing and shall contain the reasons for the denial. The applicant shall have the right to appeal such decision to the City Council of the City of Emeryville in accordance with the provisions set forth in Chapter 4 of Title 1 of the Emeryville Municipal Code. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.1.5 Driver’s Permits.

It shall be a violation of the Emeryville Municipal Code for any person to operate a taxicab for hire, where those operations are substantially located within the City, without first obtaining a driver’s permit as specified in this section. This prohibition shall not apply to the delivery of passengers to destinations in the City where the trip originated outside of the City limits.
(a) Application for a driver’s permit shall be filed with the Chief of Police. The form and contents of the application shall be specified by the Chief of Police; however, the following constitute the minimum requirements to qualify for a driver’s permit:

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 8. VEHICLES FOR HIRE*

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (1) Presentation and maintenance of a valid California driver’s license; (2) Written acknowledgment by the fleet manager of a fleet management permittee that the applicant is authorized to drive taxicabs operated and managed by that permittee; (3) Evidence that the applicant is covered under the insurance policy covering the fleet management permittee under whom the applicant will operate;
(4) Evidence that the applicant has tested negative for drugs and alcohol through an approved drug and alcohol testing provider within thirty (30) days prior to submitting their driver’s permit application in conformance with Section 4-8.1.6. A positive test result is grounds for denial or revocation of a driver’s permit; (5) Applicants shall be fingerprinted, and a complete investigation shall be made of applicant’s background.

The Chief of Police may deny the granting or renewal of any driver’s permit if the applicant has been convicted of any crime, taking into consideration the nature and circumstances of the conviction, the age of the applicant at the time of conviction, the time elapsed since the conviction, and any evidence of rehabilitation. (b) The Police Department will provide all natural persons issued driver’s permits a driver’s identification card which will include a photo of such driver. Persons driving taxicabs are required to post their driver’s identification card within the taxicab as directed by the Chief of Police and in full view of passengers. (c) Drivers shall maintain trip data records which fully and accurately report all fares paid and distances traveled while hired by a passenger. Trip data records shall be deposited with the fleet manager on a weekly basis for filing.

Trip data records shall contain the following information:
(1) The driver’s name;
(2) The correct date;
(3) The taxicab permit number;
(4) The time each paid trip is begun and completed, entered contemporaneously; (5) The origin and destination of each paid trip, entered contemporaneously; and (6) The amount of fare paid for each trip.
(d) Upon request, drivers shall present their permits or trip data to City officials or the fleet manager. (e) A driver shall return the driver’s permit to the City upon termination of their services with the fleet named on the driver’s permit including those self-employed.
(f) Driver’s permits shall expire on December 31 of the year for which the permit is issued. Driver’s permits must be renewed annually by submitting a completed application with required documents as set forth in this section no later than November 15. No driver shall operate a taxicab while his or her driver’s permit has expired. (g) All holders of a driver’s permit are required to maintain their current business and home address on file with the Chief of Police and to provide written notification of any changes thereof within ten (10) calendar days of such change.
(h) Driver’s permits are non-transferable.
(i) Denial of a driver’s permit by the Chief of Police shall be in writing and shall contain the reasons for the denial. The applicant shall have the right to appeal such decision to the City Council of the City of Emeryville in accordance with the provisions set forth in Chapter 4 of Title 1 of the Emeryville Municipal Code.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 8. VEHICLES FOR HIRE*

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (j) An applicant whose driver’s permit application is denied may reapply no sooner than six (6) months from the date of denial. Any application received prior to the expiration of the six (6) month period will not be acted upon until such period expires.
(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.1.6 Controlled Substance and Alcohol Testing Certification Program.

Pursuant to California Government Code Section 53075.5 (b)(3) or its successor statute, a mandatory controlled substance and alcohol testing certification program in compliance with the terms and procedures set forth in Title 49 Code of Federal Regulations Part 40, or its successor regulations, is added to and incorporated in this chapter by reference as if fully set forth in this provision.
(a) Test results pursuant to this mandatory program shall be released directly to the Chief of Police if the test results concern an applicant for a driver’s permit who is self-employed. The Chief of Police shall notify any entity leasing a taxicab to any holder of a driver’s permit, who is self-employed, of any positive test results. If the test results concern any holder of a driver’s permit employed under a fleet management permittee, the fleet management permittee shall pay all costs of testing, in accordance with Government Code Section 53075.5(b)(3)(A)(vi), or its successor statute, and test results shall be released to the fleet management permittee. The fleet management permittee shall notify the Chief of Police of any positive test results. (b) Test results shall not be released without the consent of the applicant for the drivers’ permit, except as set forth above or as authorized or required by law.
(c) Test results from another jurisdiction shall be accepted as meeting the City of Emeryville’s requirements so long as the results are presented to the City less than one (1) year from date of testing and the driver has not tested positive subsequent to the negative results submitted to the City. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.1.7 Permit Administration: Suspension and Revocations. (a) Any entity is entitled to apply for a fleet management permit and a taxicab permit. Any natural person is entitled to apply for a driver’s permit. A separate application is required for each permit specified in this chapter.

Each permit application must be accompanied by the appropriate fee as specified in the Master Fee Schedule and shall be payable to the City.
(b) If, in the judgment of the Chief of Police, suspension of any permit specified in this chapter is necessary to protect the public health and safety, including but not limited to compliance with the insurance requirements of this chapter, the Chief of Police is authorized to suspend permits peremptorily on an emergency basis. 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. (c) If, in the judgment of the Chief of Police, the impoundment of a taxicab is necessary in association with the emergency suspension of a taxicab permit or of a fleet management permit, such impoundment is authorized in compliance with Vehicle Code Section 21100.4.
(d) Fleet management, taxicab and driver’s permits issued under the provisions of this chapter may be revoked according to the following subsections 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 of the Emeryville Municipal Code.
(1) Fleet management permits 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 fleet management permittees 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 for such permittee. Any recommendations of the DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 8. VEHICLES FOR HIRE*

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023.

Chief of Police to resolve a fleet management permit shall be provided to the holder of the fleet management permit 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 fleet management permit 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 fleet management permit. In the event of such revocation, the fleet management permit shall be surrendered by the entity forthwith to the Chief of Police. (2) Taxicab permits 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 taxicab permits 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 for such permittee. Any recommendations of the Chief of Police to resolve a taxicab permit shall be provided to the holder of the taxicab permit 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 taxicab permit 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 taxicab permit. Pending the decision of the City Manager regarding revocation of a taxicab permit or a decision of the City Council on appeal, it shall be unlawful for an owner or driver to continue use of such taxicab in its business within the City of Emeryville if any of the equipment thereon or therewith, shall be in a defective, unsafe, or unsanitary condition. In the event of such revocation, the taxicab permit shall be surrendered by the entity forthwith to the Chief of Police.
(3) Drivers’ permits may be revoked upon the recommendation of the Chief of Police to the City Manager for any violation by a driver of the provisions of this chapter governing drivers, or for the existence of any fact which would have been grounds to deny such driver’s permit when applied for, whether or not such fact existed at the time the application was made for such driver’s permit, or for any conviction of reckless driving, driving under the influence of alcohol or controlled substances or other such violations tending to show such driver is not competent to operate a taxicab. Any recommendations of the Chief of Police to resolve a driver’s permit shall be provided to the holder of the driver’s permit and the holder of the fleet management permit associated with said driver’s permit 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 driver’s permit or a decision of the City Council on appeal, it shall be lawful for a driver to operate a taxicab within the City of Emeryville, until and unless said hearing culminates with a decision to revoke said driver’s permit. In the event of such revocation, the driver’s permit shall be surrendered by the driver forthwith to the Chief of Police. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.1.8 Insurance Requirements.

It shall be unlawful for any driver to operate any taxicab within the City or for any owner to cause any taxicab to be operated within the City, and no driver’s permit, taxicab permit or fleet management permit shall be granted unless there is on file with the Chief of Police proof of a motor vehicle liability insurance policy covering each such taxicab.

The motor vehicle liability insurance policy required by this section shall insure the recipient of the driver’s permit, owner, and fleet manager against loss from liability imposed upon such parties by law for injuries to any person, or damages to property arising out of the maintenance, operation, use or ownership of any taxicab, to an amount not less than one hundred thousand dollars ($100,000.00) on account of bodily injuries to one (1) person, to an amount not less than three hundred thousand dollars ($300,000.00) on account of any one (1) accident resulting in bodily injuries to, or the death of, more than one (1) person, and to an amount not less than fifty thousand dollars ($50,000.00) for damages to property of others per accident. Evidence of such insurance shall be provided to the Chief of Police in the form of a certified copy of the insurance policy or certificate of insurance and such insurance shall be in full force and effect for the duration of any applicable driver’s permit, taxicab permit and fleet management permit.
(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011; Sec. 2, Ord. 13-003, eff. Jan. 1, 2014) DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 8. VEHICLES FOR HIRE*

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. 4-8.1.9 Taximeters and Fares.
(a) Every taximeter used by a taxicab in the City shall be of a type and design approved by the Chief of Police and shall be subject to inspection from time to time by the Chief of Police, and the Chief of Police shall compel the owner to discontinue the operation of any taxicab, in which the taximeter is found to calculate inaccurately, until such taximeter shall be replaced or repaired and approved by the Chief of Police. (b) Fleet managers shall maintain on file with the Chief of Police an up-to-date schedule of the rates of fares and any additional charges imposed for carrying passengers therein. It shall be unlawful for an entity or driver of a taxicab to charge or collect, or cause to be charged or collected, any greater rate of fare for carrying any passenger therein than is stated on the schedule or displayed in such taxicab. (c) Every taxicab at all times shall have displayed in a conspicuous place therein, on the center post above the left doors, a sign stating in clearly legible characters, plainly visible to all the passengers, the rates of fare charged for carrying passengers therein, the number of such taxicab, the taxicab owner’s name or the fictitious name listed on the application for a fleet management permit, and the business address and telephone number of such permittee. (d) Every driver, while operating a taxicab within the City, at all times shall maintain the flag attached to the taximeter in such a position as to correctly denote whether such taxicab is or is not employed, and such driver at all times shall place the flag of such taximeter in a non-recording position at the termination of each and every service. (e) It is unlawful for any person to hire any taxicab or to enter and obtain a ride in the same, and to thereafter depart from such taxicab without paying the driver the legal fare. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.1.10 Taxicabs from Other Municipalities.

The driver of a taxicab authorized to operate in any municipality other than the City of Emeryville may transport passengers from such municipality to a destination within or beyond the City limits, provided that the driver of such taxicab shall not seek or accept passengers within the City. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.1.11 Public Convenience and Necessity.

No taxicab permit to operate in the City shall be granted unless there are not already issued and outstanding a number of taxicab permits equal to that for which the City Council has declared as required for public convenience and necessity. The Council hereby limits the number of taxicab permits which the Chief of Police may issue in any year to one hundred and fifty (150). Under no circumstances shall the number of taxicab permits issued by the Chief of Police to any entity exceed ten (10).
(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011; Sec. 3, Ord. 12-002, eff. Feb. 16, 2012; Sec. 2, Ord. 12-007, eff.

Mar. 8, 2012)
4-8.1.12 Taxicab Stands: Joint Use.

It shall be a violation of the Emeryville Municipal Code for any driver to use or any owner to cause to be used any taxicab stand without all applicable valid permits issued by the City of Emeryville. Any taxicab stand which may be granted by the City Council of the City of Emeryville upon a recommendation of the Transportation Committee in accordance with Chapter 9 of Title 4 of this Code may be used jointly by two (2) or more holders of a valid fleet management permit to operate within the City.
(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.1.13 Interior Lighting.

Every taxicab shall be equipped at all times with a light with not less than two (2) candlepower within such taxicab, so arranged as to illuminate the whole interior, which light shall be kept constantly lighted at all times while passengers are being loaded into or unloaded from any such taxicab from one-half (1/2) hour after sunset of any day until one-half (1/2) hour before sunrise of the next day. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 8. VEHICLES FOR HIRE*

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. 4-8.1.14 Loading and Unloading Passengers.

It shall be a violation of the Emeryville Municipal Code for any owner or driver to leave standing unattended any taxicab at a taxicab stand, upon any public street, alley, or avenue of the City, or in any prohibited or limited parking area of the City, except for any period of time longer than necessary to load and unload passengers. This section does not prohibit a driver from leaving a taxicab unattended in any lawful parking zone. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.1.15 Violations.

If the Chief of Police determines that a violation of this article has occurred the entity in violation shall be guilty of an infraction punishable as set forth in Chapter 2 of Title 1 of this Code. In addition, any violation of this chapter may be subject to the following:
(a) Administrative citation, as set forth in Chapter 7 of Title 1 of this Code. (b) Immediate seizure and removal of vehicles being operated in violation of this chapter, as set forth in Section 4.8-7 above or in Vehicle Code Section 21100.4. (c) If the Chief of Police makes a determination, after a hearing, that any person or entity operating as a taxicab transportation service without a valid permit issued by the City, the Chief may impose a fine of up to five thousand dollars ($5,000) for each violation.
(d) Any fines issued by the Chief of Police may also include an amount sufficient to cover the reasonable expense of investigation costs incurred by the City, and may assess interest of any fine to commence on the day that the payment is deemed delinquent. All fines, assessments, and interest collected by the Chief of Police shall be deposited in a fund established for the purpose of enforcing this article. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
Article 2. Limousines
4-8.2.1 Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
(a) “Chief of Police” shall mean the Chief of Police of the City of Emeryville or his or her designee. (b) “Limousine driver” shall mean every person driving a limousine as defined by this chapter. (c) “Limousine” means and includes every motor vehicle designed to carry passengers, of private appearance (except as to license plates), not equipped with a taximeter, and used for the transportation of persons for hire over and along the public streets, but not over a fixed and defined route, but, as to route and destination, under the direction of the passengers or person hiring such limousine, of which the charge or fee for its use is based upon rates per mile, per trip, per hour, per day, per week, or per month. (d) “Owner” means any entity that is named as the registered owner of a vehicle which is used as a limousine in the City, including but not limited to, receivers or trustees appointed by any court. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.2.2 Limousines Shall Operate from Fixed Location.

Every owner of a limousine and limousine driver shall operate from a fixed location, other than a public street. It shall be a violation of the Emeryville Municipal Code for any owner of a limousine or limousine driver to travel the public streets within the City of Emeryville for the purpose of soliciting fares. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 8. VEHICLES FOR HIRE*

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. 4-8.2.3 Exclusive Use by Passengers – Window Blinds Prohibited.

When a limousine is engaged, the occupants shall have the exclusive right to the full and free use of the passenger compartment, and it is unlawful for the owner of a limousine and limousine driver to solicit or carry passengers contrary to such right; provided, however, that whenever the Chief of Police finds that public necessity temporarily requires the grouping of passengers in limousines, he or she may issue a special written permit, limited in time, which permit shall specifically set forth the rules and regulations under which such passenger grouping is permitted.

It is unlawful for the owner of a limousine or any limousine driver to cause or permit any shade or blind to be drawn over any window of such vehicle while the same is occupied. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.2.4 Drivers to Use Direct Route.

The limousine driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely, lawfully and expeditiously to said destination. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.2.5 Receipt for Fare.

The limousine driver shall give a receipt, upon the request of any passenger, for the fare paid by such passenger. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.2.6 Refusal to Pay Fare.

It is unlawful for any person to hire a limousine or to enter and obtain a ride in the same, and to thereafter depart from such limousine without paying the driver the legal fare. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.2.7 Keeping of Trip Data Required.

The limousine driver shall keep separate trip data records of every service rendered by such limousine driver, which trip data records shall include the following information:
(a) Location where passengers entered vehicle;
(b) Time of entry;
(c) Number of passengers;
(d) Location where passengers were discharged; and
(e) Amount of fare collected.

The owner of every limousine shall keep said trip data in his or her office files for a period of ninety (90) days after the date of service rendered, and the same shall at all convenient times be open to examination by any authorized representative of the Chief of Police. The falsifying of any trip data by an owner of a limousine or by a limousine driver and waybills indicating that a limousine is not being operated on a prearranged basis shall be a violation of this chapter.
(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
4-8.2.8 Violations.

If the Chief of Police determines that a violation of this article has occurred the entity in violation shall be guilty of an infraction punishable as set forth in Chapter 2 of Title 1 of this Code. In addition, any violation of this article may also be subject to administrative citation, as provided in Chapter 7 of Title 1 of this code. (Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 14. OBSTRUCTIONS TO STREETS AND

SIDEWALKS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023.

CHAPTER 14.

OBSTRUCTIONS TO STREETS AND SIDEWALKS
Sections:
5-14.01 Street or Sidewalk Obstructions
5-14.02 Construction Materials and Appliances: Permits Required 5-14.03 Repealed
5-14.04 Repealed
5-14.05 Penalties for Violations
5-14.01 Street or Sidewalk Obstructions.

It shall be a violation of the Emeryville Municipal Code for any person to obstruct any street or sidewalk in the City or to place, cause to be placed, permit to remain, or maintain upon any sidewalk in the City any goods, wares, merchandise, structure, or other object or substance; provided, however, not to exceed one-third (1/3) of the width of any sidewalk may be used for not to exceed thirty (30) minutes while actually engaged in the loading or unloading of any goods, wares, merchandise, or other object or substance; and newspapers, and periodical racks or stands located on the inner or outer edge of the sidewalk shall be excepted from the provisions of this section. (Sec. 2, Ord. 449, thereafter codified in Sec. 24.50, E.T.C.) 5-14.02 Construction Materials and Appliances: Permits Required.

It shall be a violation of the Emeryville Municipal Code for any person to place, or cause to be placed, on any public street, or any portion thereof, in the City any material or appliance for use in the construction, alteration, or repair of a building, or for any other purpose necessitating the temporary occupancy of any portion of any public street, without first obtaining a permit therefor from the Street Superintendent. Such materials and appliances shall not occupy more than one-third (1/3) of the width of the roadway of the street, and not more than one-half (1/2) of the width of the sidewalk, and shall be placed thereon under the direction and to the satisfaction of the Street Superintendent, but in no case shall they be placed, or cause to be placed, within five feet (5') of a railroad track. (Sec. 3, Ord. 449, thereafter codified in Sec. 24.51, E.T.C.) 5-14.03. Repealed.*
* Editor’s Note: Section 5-14.03, “Certain Trees: Nuisances,” previously contained herein, was adopted Sec. 1, Ord. 18, thereafter codified in Sec. 24.56, E.T.C., and repealed by Sec. 3 of Ord. 03-015, eff. Nov. 20, 2003. 5-14.04. Repealed.*
* Editor’s Note: Section 5-14.04, “Certain Trees: Nuisances: Abatement,” previously contained herein, was adopted Sec. 2, Ord. 18, thereafter codified in Sec. 24.57, E.T.C., and repealed by Sec. 3 of Ord. 03-015, eff. Nov. 20, 2003. 5-14.05 Penalty for Violations.

Any violation of this chapter shall be punishable as an infraction as set forth in Chapter 2 of Title 1. In addition, any violations may be subject to administrative citation under Chapter 7 of Title 1 of this Code. (Sec. 5, Ord. 95-003, eff. Mar. 9, 1995)
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 21. BINGO GAMES

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023.

CHAPTER 21.

BINGO GAMES
Sections:
5-21.01 Authority
5-21.02 Permits: Required
5-21.03 Permits: Applications: Contents
5-21.04 Permits: Terms: Fees: Restricted Locations
5-21.05 Permits: Applications: Investigations
5-21.06 Permits: Issuance: Denial
5-21.07 Permits: Separate Locations: Nontransferability 5-21.08 Permits: Contents
5-21.09 Permits: Display
5-21.10 Hours
5-21.11 Alcoholic Beverages
5-21.12 Profits: Separate Accounts: Records: Violations: Penalties 5-21.13 Seat Reservations
5-21.14 Permits: Revocation for Loss of Tax-Exempt Status 5-21.15 Permits: Revocation for Violations or Fraudulent Applications 5-21.16 Permits: Revocation: Notices: Hearings
5-21.17 Appeals
5-21.18 Violations: Criminal Prosecutions
5-21.01 Authority.
(a) State and Local Authority. Bingo games shall be permitted pursuant to, and as restricted by, subsection (c) of Section 19 of Article IV of the Constitution of the State, Section 326.5, including future amendments thereto, of the Penal Code of the State, and the provisions of this chapter. (b) Incorporation of Section 326.5 of the Penal Code of the State. The provisions of Section 326.5, including future amendments thereto, of the Penal Code of the State are incorporated in this chapter by this reference thereto, and “charitable organization,” as used in this chapter, shall mean an organization as referred to in said Section 326.5. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.02 Permits: Required.

No charitable organization shall conduct a bingo game without a currently valid, unrevoked, unsuspended permit as provided for in this chapter, together with a valid business license and use and occupancy permit. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.03 Permits: Applications: Contents.

Applications for bingo game permits shall be made to the Chief of Police on forms provided by his office. Such applications shall be accompanied by certificates or letters of exemption from the Franchise Tax Board of the State and the United States Internal Revenue Service which establish that the applicant is currently exempted from the payment of the Bank and Corporation Tax by subsection (d) of Section 23701 of the Revenue and Taxation Code of the State and that a contribution or gift to the organization would be a charitable contribution under subsection (2) of subsection (c) of Section 170 of the Internal Revenue Code of 1954. Such applications shall contain the following:
(a) The name of the applicant organization;
(b) The name, address, and signature of at least two (2) officers, including the presiding officer, of the organization;
(c) The property, and the room or designated area thereon, where bingo games will be conducted, including the street number, the occupancy capacity, and whether the property is owned or leased; DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 21. BINGO GAMES

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (d) The application shall be signed by the applicant under penalty of perjury; and (e) Such other information as the Chief of Police may require. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.04 Permits: Terms: Fees: Restricted Locations.
(a) A bingo game permit shall be valid for one (1) year. (b) The permit fee shall accompany the permit application. The amount of the permit fee shall be as set forth in the Master Fee Schedule, Chapter 7 of Title 3 of this Code. The permit fee will be refunded if the Chief of Police denies the permit.
(c) The holding of any bingo game shall be restricted to a building suitable for public assembly. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978; as amended by Sec. 16, Ord. 89-006, eff. May 18, 1989) 5-21.05 Permits: Applications: Investigations.

Upon receiving a completed application for a bingo game permit with the required fee, the Chief of Police shall investigate to determine whether the permit shall be issued. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.06 Permits: Issuance: Denial.

Within fourteen (14) days after the receipt of a completed application for a bingo game permit, the Chief of Police shall either issue the permit or deny it with a written statement of the reasons therefor. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.07 Permits: Separate Locations: Nontransferability.

A separate application, permit, and permit fee shall be required for each location at which bingo games are conducted. Such permits shall not be transferable from one (1) location to another or from one (1) organization to another.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.08 Permits: Contents.

Bingo game permits shall contain the following information:
(a) The name and nature of the organization;
(b) The address where bingo games are authorized to be conducted; (c) The occupancy capacity of any room in which bingo games are to be conducted; (d) The date of the expiration of the permit; and
(e) Such other information deemed necessary by the Chief of Police. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.09 Permits: Display.

Each bingo game permit shall be prominently displayed at the authorized location at all times during the conduct of bingo games.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.10 Hours.

No bingo game shall be conducted between the hours of 2:00 a.m. and 10:00 a.m.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 21. BINGO GAMES

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.11 Alcoholic Beverages.

No alcoholic beverage shall be consumed, sold, given away, served, or delivered to any person within the room or designated area where bingo games are being conducted. No person who is obviously intoxicated shall be allowed to participate in a bingo game.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.12 Profits: Separate Accounts: Records: Violations: Penalties. (a) It is a violation of this chapter for any person to receive or pay a profit, wage or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution. All profits derived from a bingo game shall be kept by the permittee in a special fund or account and shall not be commingled with any other fund or account. (b) The permittee shall keep detailed and accurate records of the income and expenses received and disbursed in connection with the operation, conduct, promotion, and supervision of bingo games authorized by this chapter. (c) The City, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, and the permittee shall keep such records open to inspection by the City. (d) Any person or corporation violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code. Pursuant to Penal Code section 326.5, a violation of subsection (a) above shall be punishable by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the City. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.13 Seat Reservations.

Bingo game permittees shall not reserve seats or space for any person, except handicapped persons. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.14 Permits: Revocation for Loss of Tax – Exempt Status.

Whenever the permittee has been notified by the United States Internal Revenue Service or the Franchise Tax Board of the State of the loss of the tax-exempt status described in Section 5-21.03 of this chapter, the bingo game permit issued pursuant to the provisions of this chapter shall be automatically revoked, and the permittee shall forthwith return such permit to the Chief of Police.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.15 Permits: Revocation for Violations or Fraudulent Applications.

The Chief of Police may revoke a bingo game permit for any violation of the provisions of this chapter, or of any applicable law or regulation, or for any false, misleading, or fraudulent statement of a material fact in the application for the permit.
(Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.16 Permits: Revocation: Notices: Hearings.

If the Chief of Police determines that a bingo game permit should be revoked, he shall serve on the permittee a notice of his intent with his reasons therefor. The notice shall provide for the revocation of the permit seven (7) days after the service of the notice upon the permittee, unless the permittee requests a hearing before the Chief of Police or his designee prior to such revocation. The notice may contain a statement that the permit is immediately suspended, and such suspension shall remain in effect during the pendency of the revocation and appeal procedures.

The Chief of Police shall give at least five (5) days’ prior written notice of the time and place of such hearing to the permittee and shall issue his written decision within seven (7) days after the conclusion of the hearing. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 21. BINGO GAMES

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. 5-21.17 Appeals.

The applicant or any aggrieved person, including, but not limited to, any City officer, department, board, or commission, affected by the bingo game permit shall have the right to appeal any action of the Chief of Police in granting or denying an application for a bingo game permit, or revoking a bingo game permit, to the Council. The appeal shall be made in writing, specifying the grounds therefor, and filed with the City Clerk within ten (10) days after the action of the Chief of Police. The Council may hear additional evidence and may sustain, reverse, or modify the decision of the Chief of Police. The decision of the Council shall be final. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
5-21.18 Violations: Criminal Prosecutions.

Other than the misdemeanor penalty for violations of Section 5-21.12 above, all other violations of this Chapter shall be subject to infraction. The provisions of this chapter shall not be construed as preventing any criminal prosecution under Chapters 9 and 10 of Part 1 of Title 9 of the Penal Code of the State whenever bingo games are conducted with a suspended or revoked permit or with a permit fraudulently obtained. (Sec. I, Ord. 78-029, eff. Nov. 23, 1978)
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 23. COMMUNITY EVENTS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023.

CHAPTER 23.

COMMUNITY EVENTS
Sections:
5-23.1 Purpose
5-23.2 Community Events Committee – Membership
5-23.3 Powers of the Community Events Committee
5-23.4 Permit Required
5-23.5 Application
5-23.6 Review Process
5-23.7 Denial or Revocation of Permit
5-23.8 Permit Fees
5-23.9 Appeals
5-23.10 Interference with a Community Event Prohibited
5-23.11 Hold Harmless
5-23.12 Insurance Requirements
5-23.13 Community Event Temporary Signage
5-23.14 Departmental Service Charge
5-23.15 Parade Routes
5-23.16 Races – Runs – Marathons – Walks
5-23.17 Display of Community Event Permit
5-23.18 Use of City Name or Logo Without Authorization
5-23.19 Block Parties
5-23.20 Administrative Regulations
5-23.21 Other Permits and Licenses
5-23.22 Penalties
5-23.1 Purpose.

It is the purpose of this chapter to establish a process for permitting community events to use City streets, parks, open space, facilities or services. The City recognizes the substantial community benefits that may result from community events. Such events can provide cultural enrichment, promote economic vitality and enhance community identity. The purpose of this chapter is to provide a coordinated process for managing community events to ensure the health and safety of event patrons, residents, participants, visitors; to prohibit illegal activities from occurring at the community events; and to protect the rights of community event permit holders.

It is also the intent of the City Council of the City of Emeryville to protect the rights of people to engage in expressive activities in the City’s public places and to establish the least restrictive and reasonable time, place, and manner regulation of these activities. It is further intended to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not unduly impacting the viability of events. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.2 Community Events Committee – Membership.

There is hereby created a community events committee to carry out the provisions of this chapter. This committee is comprised of representatives of the Community Services Department and other City departments as may be designated by the City Manager from time to time. The chairperson of the committee shall be the Community Services Director or his/her designee.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.3 Powers of the Community Events Committee.

The community events committee shall have the power to:
(a) Administer and apply this chapter;
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 23. COMMUNITY EVENTS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (b) Represent the City, under the authority of the City Manager, in discussions and in establishing agreements with the person(s) who represent the proposed event;
(c) Coordinate with City departments and with other governmental agencies for the provision of governmental services for such community events;
(d) Establish the terms and conditions, appropriate fees, and the time(s), place, and manner of the proposed event consistent with any implementing regulations/guidelines, and other provisions of the Emeryville Municipal Code applicable to the proposed event.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.4 Permit Required.

Except as otherwise provided by this chapter or other applicable law, rule, or regulation or any permit or license issued hereunder or pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the City Council, a community event permit shall be required to be obtained from the community events committee for the following activities:
(a) A parade, procession, march or assembly consisting of persons, animals, vehicles, or any other combination thereof, which is to assemble or travel in unison on any public street, highway, alley, sidewalk or other City-designated public way and which either: (1) may impede, obstruct, impair or interfere with free use of such public street, highway, alley, sidewalk, or other public way owned, controlled, or maintained by the City; or (2) does not comply with normal or usual traffic regulations or controls; (b) Any activity or event involving fifty (50) or more persons on City owned, controlled, or maintained property not subject to the requirements of subsection (a) of this section; (c) Any activity or event on public property which requires the placement of a tent, canopy, or other temporary structure if that placement requires a permit from the City’s Fire Department or Planning and Building Department; (d) Notwithstanding the above, events at facilities located on City property that are predominately used and approved by the Fire Department or the Planning and Building Department as assembly spaces do not require a community event permit so long as such events do not require a street closure or traffic diversion or require the use of other public property that does not constitute an assembly space. (e) Spontaneous events which are occasioned by news or affairs coming into public knowledge less than forty-eight (48) hours prior to such event may be conducted on the lawn, plaza, and sidewalk in front of City Hall without the organizers first having to obtain a community event permit. If practicable, the organizers should give notice to the City’s Public Works Department and/or Police Department at least four hours prior to the event informing the City of the date and time of the event and providing an estimate of the approximate number of persons who will be attending.

Events which require advance planning, such as recreation events, competitions/contests/spectator sports, fairs, festivals, carnivals, ticketed events, sales or trade shows, or events which require a permit from the Planning and Building Department, Public Works, or the Fire Department for the placement of structures, shall not be considered to be spontaneous events.

Departmental service charges may still be incurred for events undertaken pursuant to this subsection to the extent otherwise authorized by this chapter and the administrative guidelines adopted pursuant to this chapter. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.5 Application.
(a) To receive a community event permit, a person must complete and file a community event permit application with the community events committee, or a designated representative, on a form approved by the City. The applicant must provide the following information:
(1) A description of the proposed use, event, or activity; DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 23. COMMUNITY EVENTS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (2) The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed use, event, or activity;
(3) The manner in which the public property will be utilized; (4) The date or dates and the specific times thereof, including set-up and tear-down, that the public property is to be utilized for the described use, event, or activity; (5) The name, address and telephone number of the person, entity, or organization sponsoring or conducting the proposed event;
(6) The name, address, and telephone number of the person or persons to be contacted regarding the application or permit.
(b) The community events committee may refer the application to such City departments or personnel as the committee deems necessary from the nature of the application for review, evaluation, investigation, and recommendations regarding approval or disapproval of the application. (c) An application must be submitted and reviewed in accordance with the time limits established in administrative regulations and guidelines established pursuant to Section 5-23.20. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.6 Review Process.

Subject also to Section 5-23.7, the community events committee shall issue a community events permit, if it is determined that all of the following criteria have been met:
(a) The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this Code or other applicable laws, rules, or regulations; (b) Timely submission of a complete community event permit application; (c) The preparation for or the conduct of the proposed use, event, or activity will not unreasonably or unfeasibly burden City resources necessary to preserve the public’s use of the street or streets in the area contiguous to the street or other public property;
(d) The preparation for or the conduct of the proposed use, event, or activity will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area or adversely affect the City’s ability to perform municipal functions or furnish City services in the vicinity of the permit area; (e) The proposed use, event, or activity does not otherwise present a substantial or unwarranted safety, noise, or traffic hazard as may be prohibited by other provisions of the Emeryville Municipal Code; (f) The proposed use, event, or activity will be of a nature and size appropriate to the proposed venue, location, or site, will occur during a time period approved for that venue, location, or site, and will fall within the frequency limitations established by administrative guidelines adopted pursuant to this chapter; (g) The proposed use, event, or activity will not include live animals in parks, except if the animals are leashed or otherwise controlled;
(h) A transportation management and parking plan has been approved for the proposed use, event, or activity by the community events committee to the extent such a plan is required by implementing regulations; (i) The proposed use, event, or activity will not cause other adverse impacts on health or safety to surrounding residential or commercial uses, which cannot be effectively mitigated. A distinction may be made between one-time and recurring events;
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 23. COMMUNITY EVENTS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (j) A waste retrieval and/or recycling plan has been approved for the proposed use, event, or activity by the community events committee to the extent such a plan is required by administrative regulations.

In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.7 Denial or Revocation of Permit.

The community events committee shall deny an application for a community events permit or revoke a permit if the committee finds any of the following:
(a) One or more of the approval criteria in Section 5-23.6 is not met; (b) The applicant has knowingly made a false, misleading, or fraudulent statement of fact to the City in the application process;
(c) The application does not contain the information required by this chapter; (d) The application does not satisfy the requirements of this chapter or the administrative regulations adopted hereto;
(e) The applicant fails to comply with any conditions of approval including, but not limited to:
(1) Remittance of fees, charges, or deposits;
(2) Submittal of an indemnification agreement and/or proof of insurance to the extent required; (3) Timely receipt of all required approvals;
(f) The applicant fails to agree as a condition of permit issuance that if City property is destroyed or damaged by reason of permittee’s use, event, or activity, and the damage or destruction is directly attributable to the permittee, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.8 Permit Fees.

Except as otherwise provided by this Code or any other applicable law, rule, or regulation, or by the terms of a permit, license, lease, or contract which has been specifically authorized by the City Council, the permit application fees and other additional fees and charges, including neighborhood notification fees, for the use of City streets or other City-owned or controlled property pursuant to this chapter shall be established by the City Council. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.9 Appeals.

Any applicant aggrieved by an adverse decision under Section 5-23.6 or 5-23.7 may appeal such decision to the City Manager, or his/her designee, by filing a written notice of such appeal with the City Manager’s office within five (5) business days of the decision. The City Manager, or his/her designee, shall issue a written decision on the appeal within one (1) working day. The City Manager’s decision shall be final except for judicial review. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.10 Interference with a Community Event Prohibited.

It shall be unlawful for any person to interfere with a community event permitted under this chapter by engaging in the following acts when done with the intent to cause interference:

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 23. COMMUNITY EVENTS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (a) Blocking, obstructing, or impeding the passage of participants, vehicles, or animals in the community event along the community event route;
(b) Walking or running, driving a vehicle, riding a bicycle or skateboard, or using any similar device through, between, with, or among participants, vehicles, or animals in the community event; (c) Dropping, throwing, rolling, or flying any object toward, among, or between participants, vehicles, or animals in a community event;
(d) Grabbing at, taking hold of, hitting, pulling, or pushing any participant, vehicle, or animal in the community event or anything in the possession of any participant in the community event; (e) Throwing, squirting, dumping, or dropping any liquid or gaseous substance on, toward, among, or between participants, vehicles, or animals in the community event; (f) Vending or offering for sale any food or merchandise from the roadway, curb to curb, of a community event route during the hours the community event route is closed to normal motor vehicle traffic without first having obtained the written permission of the person holding the permit for the community event, in addition to any permits and/or licenses required for such activity by the City or any other governmental entity. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.11 Hold Harmless.

Each permittee shall execute a hold harmless agreement in a form approved by the City agreeing to defend, indemnify, and hold harmless the City against losses and liabilities incurred from the conduct of the permittee or its officers, employees, and agents.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.12 Insurance Requirements.
(a) Except as otherwise prohibited by law or an exemption is obtained as provided by this chapter and the implementing regulations, the permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance from an insurance company approved by the City and authorized to do business in the State, which policy includes the City, its boards, officers, agents, employees, and volunteers as named insureds or additional named insureds and which provides the coverage that the City Manager determines to be necessary and adequate under the circumstances. Proof of insurance shall be submitted to the City prior to issuance of the permit and maintenance of this insurance shall be a condition of the permit. (b) If the City Manager determines that a particular use, event, or activity which is for a permit period of no more than one day does not present a substantial or significant public liability or property damage exposure for the City or its officers, agents, employees, or volunteers, the City Manager may give a written waiver of the insurance requirements of this section.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.13 Community Event Temporary Signage.

Temporary or nonpermanent sign(s) identifying or pertaining to the community event may be installed by the permit holder, or his/her designee, within the event site as defined in the community event permit. The logo of a commercial sponsor may be included on a small area of the temporary sign, not to exceed one (1) square foot or five (5) percent of the banner area, whichever is smaller, provided said sign(s) are internally oriented. However, the logos of tobacco or alcohol sponsors shall be prohibited.

Directional signs for walks and races may be installed by the permit holder, or his/her designee; provided, that each sign is less than two (2) square feet in size, attached to a street light or other utility pole at a height of between five and six feet (5' and 6') without damaging the finish of the pole, and installed less than two (2) hours prior to the start of the event and removed within one (1) hour of the completion of the event. A plan showing the type and location of the proposed directional signs must be submitted as part of the community event permit application and be DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 23. COMMUNITY EVENTS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. approved by the City. The City may remove signs that do not meet installation and removal requirements of this section and shall charge the permittee for the cost of this removal. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.14 Departmental Service Charge.
(a) In addition to the payment of the nonrefundable permit application fee and as detailed in the administrative guidelines adopted pursuant to this chapter, a permittee shall pay the City for City departmental service charges incurred in connection with or due to the permittee’s activities under the permit unless the event was City-produced or City co-produced.
(b) City departments shall submit the final invoices and billings for department charges to the permittee no later than ten (10) working days after the expiration date of the permit. (c) No permittee shall be required to provide for or pay for the cost of public safety personnel to provide for the protection of a community event and its attendees from hostile members of the public or counter-demonstrations or for general law enforcement in the vicinity of the event. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.15 Parade Routes.

Marches and processions may not be conducted on streets classified by the City as arterial streets between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on business days unless the march or procession is being conducted to coincide with another event, not organized or planned by the permittee, which is occurring on or adjacent to the arterial street upon which the march will be conducted. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.16 Races – Runs – Marathons – Walks.

The procedures and criteria for conducting races/runs/walks shall be as follows:
(a) No vehicular races shall be permitted.
(b) Events which include multiple modes of travel (i.e., walking, running, and bicycling) shall be permitted so long as the start times for different modes of travel are staggered. (c) Prior to the issuance of a community event permit, City staff shall determine the specific portions or lanes of the roadway that may be used by the participants. This determination shall be based on safety considerations and the preservation of access to businesses and other scheduled activities along the route. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.17 Display of Community Event Permit.

A copy of the community event permit shall be displayed at the community event site and shall be exhibited upon demand of any City official.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.18 Use of City Name or Logo Without Authorization.

It shall be unlawful for the permittee conducting a community event to use the words “the City of Emeryville” or “City of Emeryville,” to suggest or indicate that the event is sponsored by the City or to use a facsimile of the seal or logo of the City of Emeryville in the promotional materials or advertising for the event without the City’s authorization.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 23. COMMUNITY EVENTS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. 5-23.19 Block Parties.

Requests for a permit to utilize a street for a block party or other similar neighborhood event shall be made by filing an application with the community events committee. The application must include a petition in favor of the event signed by two-thirds of residents and businesses on both sides of the street to be closed. Only a street classified by the City as a local street may be utilized for a block party or other similar neighborhood event. The application will be subject to such additional rules and regulations adopted by City staff to ensure that the street closure will not be detrimental to the public health, safety, or welfare.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.20 Administrative Regulations.

The City Manager, or his/her designee, shall 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. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.21 Other Permits and Licenses.

The issuance of a community events permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to this Code.
(Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
5-23.22 Penalties.
(a) 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) of the City Municipal Code, or may also be subject to administrative citation under Chapter 7 of Title 1 of this Code..
(b) The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter. (c) Any person who conducts an event without obtaining a community events permit shall be held responsible for any costs, including clean-up and waste disposal costs and administrative costs resulting from the event as if the community events permit had been otherwise obtained.
(d) The remedies and penalties provided in this section are cumulative and not exclusive of one another. (Sec. 4 (part), Ord. 07-012, eff. Nov. 15, 2007)
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 24. PARKS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023.

CHAPTER 24.

PARKS
Sections:
5-24.01 City Parks Defined
5-24.02 Use of Grounds and Facilities
5-24.03 Defacing Equipment, Buildings, and Improvements 5-24.04 Repealed by Ord. 07-012
5-24.05 Alcoholic Beverages
5-24.06 Animals in City Parks
5-24.07 Bicycles
5-24.08 Amusements for Gain
5-24.09 Sales
5-24.10 Signs
5-24.11 Closing Hours
5-24.12 Administration and Enforcement: Penalties
5-24.01 City Parks Defined.

For the purposes of this chapter, “City park” shall mean any parcel or area of land, including any structures, dedicated for park use by resolution of the Council.
(Sec. 1, Ord. 78-020; Sec. 1 (part), Ord. 19-003, eff. Apr. 18, 2019) 5-24.02 Use of Grounds and Facilities.

Every person using a City park and grounds shall clean up all debris, extinguish all fires when such fires are permitted in designated areas, and leave the premises in good order and the facilities in a neat and sanitary condition. (Sec. 2, Ord. 78-020; Sec. 1 (part), Ord. 19-003, eff. Apr. 18, 2019) 5-24.03 Defacing Equipment, Buildings and Improvements.

No person shall mark upon, disfigure, or deface any portion of any building, structure, playground equipment, or improvement in any City park in any manner. Such marking, disfiguring, or defacing of any such building, structure, playground equipment or improvement shall be deemed a willful destruction of public property. (Sec. 5, Ord. 78-020; Sec. 1 (part), Ord. 19-003, eff. Apr. 18, 2019) 5-24.04 Assemblies: Permits: Required.

Repealed by Sec. 3, Ord. 07-012, eff. Nov. 15, 2007.
(Sec. 11, Ord. 78-020)
5-24.05 Alcoholic Beverages.

Admission to any City park shall be denied to any person showing evidence of drinking any alcoholic beverage or who has any alcoholic beverage on his person.
(Sec. 3, Ord. 78-020; Sec. 1 (part), Ord. 19-003, eff. Apr. 18, 2019) 5-24.06 Animals in City Parks.

It shall be unlawful for any person to bring in or harbor any animal in any City park except as provided in subsection (a) of this section.
(a) Dogs Permitted in City Parks. Dogs, as defined in Section 6-1.102(g), may be brought into City parks, provided the dog(s) are securely restrained by a substantial leash not to exceed six feet (6') in length and under the control of a handler, and no more than four (4) dogs per handler in any park and subject to the provisions of subsection (b) of this section.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 24. PARKS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (b) Nuisances Created by Dogs. Every person in control of any dog(s) in a City park must clean up any fecal matter deposited by the dog(s). Failure to clean up after the dog(s) will constitute an infraction. It shall also be unlawful to permit any dog to destroy the plants or any other public property located in City parks. (c) Off-Leash Areas. Dogs may be off leash only in designated areas of the park as provided by regulations promulgated by the City Manager. No more than four (4) dogs per handler in any park. (d) Dog License Required. All dogs in City parks must have a current license from the City of Emeryville or another jurisdiction.
(Sec. 7, Ord. 78-020, as amended by Sec. 2, Ord. 91-10, eff. Nov. 28, 1991; Sec. 2, Ord. 02-015, eff. Oct. 19, 2002; Sec. 1 (part), Ord. 19-003, eff. Apr. 18, 2019)
5-24.07 Bicycles.

No person shall ride any bicycle in any City park, except in those areas designated for such use. (Sec. 12, Ord. 78-020; Sec. 1 (part), Ord. 19-003, eff. Apr. 18, 2019) 5-24.08 Amusements for Gain.

No amusement for gain or for which a charge is made shall be conducted in a City park without the consent of the Council. Such amusements shall be conducted in accordance with any condition imposed or any provision of this Code pertaining thereto.
(Sec. 10, Ord. 78-020; Sec. 1 (part), Ord. 19-003, eff. Apr. 18, 2019) 5-24.09 Sales.

It shall be unlawful for any person, other than employees and officials of the City acting on behalf of the City, to vend, sell, peddle, or offer for sale any commodity or article within any City park. (Sec. 8, Ord. 78-020; Sec. 1 (part), Ord. 19-003, eff. Apr. 18, 2019) 5-24.10 Signs.

It shall be unlawful for any person to paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription whatsoever, nor shall any person erect, or cause to be erected, any sign whatsoever on any public land, in any City park, or on any highway or road adjacent to a City park; provided, however, the provisions of this section shall not apply to any properly authorized government official in the pursuit of any official duty. (Sec. 9, Ord. 78-020; Sec. 1 (part), Ord. 19-003, eff. Apr. 18, 2019) 5-24.11 Closing Hours.

All City parks shall be closed between the hours of 10:00 p.m. and 6:00 a.m. of the following day, and no person shall remain or loiter in, around, or about the premises. (Sec. 4, Ord. 78-020; Sec. 1 (part), Ord. 19-003, eff. Apr. 18, 2019) 5-24.12 Administration and Enforcement: Penalties
The City Manager may promulgate rules for the regulations of the parks described in this chapter. Any violation of this Chapter or the rules promulgated by the City Manager shall be punishable as an infraction as set forth in Chapter 2 of Title 1 or may also be subject to administrative citation pursuant to Chapter 7 of Title 1 of this Code. (Sec. 6, Ord. 78-020; Sec. 1 (part), Ord. 19-003, eff. Apr. 18, 2019) DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 27. SIDEWALK AND STREET VENDORS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023.

CHAPTER 27.

SIDEWALK AND STREET VENDORS
Sections:

Article 1. Sidewalk and Street Vendors
5-27.1.01 Purpose
5-27.1.02 Definitions
5-27.1.03 Business Tax Certificate
5-27.1.04 Health and Sanitation Requirements
5-27.1.05 Vendor Permit to Operate
5-27.1.06 Vending Locations
5-27.1.07 Cleanliness
5-27.1.08 Open-Air Barbeques or Outdoor Wood-Burning Ovens 5-27.1.09 Operation Within Specified Distance of Toilet and Handwashing Facility 5-27.1.10 Certified Farmers’ Markets
5-27.1.11 Prohibited Vending Items
5-27.1.12 Penalties
Article 2. Peddlers and Solicitors
5-27.2.01 Definitions
5-27.2.02 Business Tax Certificate
5-27.2.03 Permit to Operate
5-27.2.04 Permit Denial or Revocation
5-27.2.05 Peddling or Soliciting Locations
5-27.2.06 Hours When Prohibited
5-27.2.07 Certified Farmers’ Markets
5-27.2.08 Penalties
Article 1. Sidewalk and Street Vendors
5-27.1.01 Purpose.

Article XI, Section 7 of the California Constitution confers local governments the authority to adopt ordinances and regulations designed to promote the public health, safety, and general welfare of their communities. The purpose of this Article is to protect against unsafe conditions and health, safety, or welfare concerns of the community that result from the operation of sidewalk vendors on public sidewalks or a pedestrian path, consistent with the provisions of Government Code Sections 51036 through 51039, or any successor provision. The requirements set forth in this Article are intended to protect the public’s health, safety, and welfare by ensuring that vendors on public property provide safe and sanitary conditions for consumers and the general public, are adequately insured, and are properly permitted with the City and licensed with other agencies. 5-27.2.01 Definitions.

For purposes of this article, the following definitions apply:
(a) “Certified farmers’ market” shall be defined as provided in California Administrative Code Title 3, Section 1392.2(a) or any successor provision.
(b) “City” shall mean the City of Emeryville.
(c) “Code” shall mean the Emeryville Municipal Code.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 27. SIDEWALK AND STREET VENDORS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (d) “Commissary” shall be defined as provided in Health and Safety Code Section 113751 or any successor provision.
(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. (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) “Mobile food facility” shall be defined as provided in Health and Safety Code Section 113831 or any successor provision.
(l) “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. (m) “Other public gathering” shall include for purposes of this article the operation of a mobile food facility that stops to conduct business for more than one (1) hour in the same location. (n) “Permanent food facility” shall be defined as provided in Health and Safety Code Section 113849 or any successor provision.
(o) “Police Chief” means the Chief of Police or his/her designee. (p) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(q) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (r) “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. (s) “Vehicle” shall mean a mobile food facility, temporary food facility, catering truck, wagon, pushcart, or other motorized or non-motorized conveyance upon which food is sold, offered for sale or distributed. (t) “Vendor” shall mean a sidewalk vendor or a street vendor. (u) “Sidewalk vendor” shall mean any person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
(v) “Street vendor” shall mean any person engaged in selling, offering for sale, or distributing food from a vehicle located within a public street.
(Sec. 2 (part) (9-4.2001), Ord. 88-012, eff. Nov. 5, 1988; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.01) DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 27. SIDEWALK AND STREET VENDORS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. 5-27.1.03 Business Tax Certificate.

It shall be unlawful to sell, offer for sale, or distribute any food 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 sidewalk vendor or street vendor, pursuant to Chapter 1 of Title 3. Notwithstanding those provisions, no business tax certificate shall be issued without evidence that the vendor has obtained all permits required by this article. The original of the City business tax certificate shall be displayed conspicuously at all times on the street vendor’s vehicle and at the location of the sidewalk vendor.
(Sec. 2 (part) (9-4.2002), Ord. 88-012, eff. Nov. 5, 1988; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.02) 5-27.1.04 Health and Sanitation Requirements.

Vendors shall obtain a health permit from the enforcement agency. The health permit shall be displayed conspicuously at all times on the street vendor’s vehicle and at the location of the sidewalk vendor. 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) (9-4.2004), Ord. 88-012, eff. Nov. 5, 1988; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.04) 5-27.1.05 Vendor Permit to Operate.
(a) It shall be unlawful to sell, offer for sale, or distribute any food on any public street or public sidewalk within the City without first obtaining a vendor permit from the Police Department pursuant to the provisions of this article for each sidewalk vendor or street vendor location. The vendor permit shall be displayed conspicuously at all times on the street vendor’s vehicle and at the location of the sidewalk vendor. Evidence of such vendor permit shall accompany the business tax certificate application or renewal application to the Finance Department. (b) Any vendor permit issued pursuant to this article shall automatically expire, terminate and be of no further force and effect at 5:00 p.m. on December 31 of each year. (c) Any vendor permit issued pursuant to this article is nontransferable. (d) A vendor applicant desiring a vendor 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 vendor applicant and of all persons financially interested in the business;
(2) A statement of the type of food to be sold;
(3) The location at which the sidewalk vendor applicant intends to operate, and whether sidewalk vendor intends to operate as a stationary sidewalk or roaming sidewalk vendor; (4) Number of vehicles the street vendor applicant intends to operate, along with a copy of the current registration of each vehicle;
(5) For stationary street vendors, the desired street location(s) of the vehicle(s); (6) Intended day(s) and hours of operation at such location(s); (7) Whether the vendor applicant intends to operate an open-air barbeque at such location(s); (8) The location of the toilet and handwashing facility required by this article; (9) If the toilet and handwashing facility required by this article is on private property, a copy of an enforceable contract between the private property owner and the vendor applicant allowing vendor to utilize such facilities on the day(s) and hours of operation;
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 27. SIDEWALK AND STREET VENDORS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (10) A copy of the health permit required by this chapter; (11) An acknowledgement by the vendor applicant of the obligation to comply with Chapter 14 of Title 6 regarding food service waste reduction;
(12) 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; (13) Evidence of general liability and automobile liability insurance in a form and at levels of coverage acceptable to the City;
(14) Previous vending permits issued to the vendor applicant in other cities and the status of those permits; (15) Such further information as the Police Department may require. (e) The application shall be accompanied by an application fee for each vehicle of a street vendor and/or each location of a sidewalk vendor. If the application is denied, the application fee shall not be returned to the vendor applicant. The application fee shall be set forth in the City’s Master Fee Schedule. (f) The Police Department shall conduct an investigation of the application and may issue a vendor permit to the vendor 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 article have been or will be met; (4) The vending locations are in compliance with Section 5-27.1.05, 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 (d)(1) of this section have no previous convictions under State law concerning theft, possession of stolen property, or the sale of narcotics. (g) The Police Chief may deny the application if it is inaccurate, incomplete or unable to meet the requirements of subsection (f) of this section, or if no application fee has been submitted. (h) The Police Chief may revoke a vendor permit if it is determined and found thereafter that the application was inaccurate, that the permit holder failed to meet requirements of this article, or that the vendor is operating in a manner detrimental to public health, safety or the general welfare of the City, or if the vendor has been issued four or more violations of this Article during the term of the permit. . (i) Any revocation of a vendor permit or denial of a vendor permit application may be appealed to the City Council pursuant to the provisions of Chapter 4 of Title 1. (Sec. 2 (part) (9-4.2005), Ord. 88-012, eff. Nov. 5, 1988; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.05) 5-27.1.06 Vending Locations.

In order to protect pedestrian health and safety and to accommodate public street access, including parking and traffic, sidewalk vendors shall be subject to the conditions set forth below:
(a) A vendor with a valid vendor permit shall be permitted on public sidewalks from the hours of 6:00 a.m. until 12:00 a.m. daily;
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 27. SIDEWALK AND STREET VENDORS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (b) No sidewalk vendor shall operate on any public property that does not meet the definition of a sidewalk, including but not limited to any street, roadway median, pedestrian islands, or bicycle lanes; (c) No vendor shall locate within three hundred feet (300') of the grounds of any elementary or secondary school on any school day;
(d) No vendor shall locate within five hundred feet (500') of a freeway entrance or exit; (e) No vendor shall locate within fifty feet (50') of any street or roadway intersection, crosswalk, fire hydrant, or bus stop;
(f) No vendor shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property or enter or encroach onto private property while engaged in sidewalk vending activities; (g) No vendor shall locate on any public sidewalk or within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone; (h) No vendor shall locate within two hundred feet (200') of a permanent food facility during that facility’s operating hours;
(i) No vendor shall locate within two hundred feet (200') of any other vendor operating during the vending hours specified in this section;
(j) Stationary sidewalk vendors shall not vend within a City park if the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire; (k) Stationary sidewalk vendors shall not 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. (l) No sidewalk vendor shall vend in a manner that blocks or obstructs the access required by the Americans with Disabilities Act of 1990, access to designated loading zones, and access to public utilities. Sidewalk vendors must at all times provide a clearance of not less than four (4) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices. (Sec. 2 (part) (9-4.2006), Ord. 88-012, eff. Nov. 5, 1988; Sec. 2, Ord. 10-010, eff. July 15, 2010; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3, Ord. 10-020, eff. Jan. 20, 2011; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.06) 5-27.1.07 Cleanliness.

The vendor 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 vendor’s location. (Sec. 2 (part) (9-4.2008), Ord. 88-012, eff. Nov. 5, 1988; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.07) 5-27.1.08 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 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 vendor permit holder of the temporary food facility or mobile food facility shall be deemed to be the vendor permit holder of the open-air barbeque or outdoor wood-burning oven, and shall be responsible for ensuring it 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.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 27. SIDEWALK AND STREET VENDORS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (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. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.08)
5-27.1.09 Operation Within Specified Distance of Toilet and Handwashing Facility.

A mobile food facility or temporary food facility 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 the vendor permit holder and any of its 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. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.09)
5-27.1.10 Certified Farmers’ Markets.

Notwithstanding the provisions of this article, vendors operating within a certified farmers’ market, permitted by this code, shall comply with all of the provisions of Chapter 35 of Title 5. (Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012)
5-27.1.11 Prohibited Vending Items.

Sidewalk vending of the following is prohibited:
(a) Alcoholic beverages.
(b) Adult-oriented materials.
(c) Tobacco, tobacco products, or electronic smoking devices. (d) Cannabis or cannabis products.
(e) Weapons, including knives, guns, or explosive devices, as defined in Chapter 20 of Title 5 of this Code. (f) Items that are not for immediate sale.
(g) Selling or offering to sell services, or engage in or offer to engage in any type of rental activity, including the rental of any goods or services.
(h) Pharmaceuticals.
(i) Any other merchandise prohibited by federal, state, or local law from being vended.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 27. SIDEWALK AND STREET VENDORS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. 5-27.1.12 Penalties.

Any violations of this article may be subject to administrative citation under Chapter 7 of Title 1 of this Code, subject to the fine schedule set forth below.. . Every day of vending without a valid vendor permit constitutes a separate offense.
(a) Persons that violate the regulations set forth in this Article, other than operating without a permit, are punishable by an administrative fine not to exceed:
(1) One hundred dollars ($100.00) for the first violation; or (2) Two hundred dollars ($200.00) for the second violation within one year of the first violation; or (3) Five hundred dollars ($500.00) for each additional violation within one year of the first violation. (b) Persons vending without a vendor permit are subject to administrative fine not to exceed:
(1) Two hundred fifty dollars ($250.00) for the first violation; or (2) Five hundred dollars ($500.00) for a second violation within one year of the first violation; or (3) One thousand dollars ($1,000.00) for each additional violation within one year of the first violation.
(c) All administrative fines will be accompanied by a notice advising the person of their right to request an ability-to-pay determination available pursuant to Government Code Section 51039(f). (d) Appeals.

Appeals of fines shall be made pursuant to the administrative hearing process and procedure set forth in Chapter 7 of Title 1 of this Code.
(Sec. 2 (part) (9-4.2009), Ord. 88-012, eff. Nov. 5, 1988; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.10) Article 2. Solicitors
5-27.2.01. Definitions.

For purposes of this article, the following definitions apply:
(a) “Certified farmers’ market” shall be defined as provided in California Administrative Code Title 3, Section 1392 or any successor provision.
(b) “Code” means the Emeryville Municipal Code.
(c) “Food” shall be defined as provided in Health and Safety Code Section 113781 or any successor provision. (d) “Person” means an individual.
(e) “Police Chief” means the Chief of Police or his/her designee. (f) “Solicit” means to sell or take orders, or offer to sell or take orders, for any nonfood goods, wares, merchandise, or thing, for future delivery, or for services to be performed, at any place within the City other than a fixed place of business.
(g) “Solicitor” means any person who solicits, as defined herein. (Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.02. Business Tax Certificate.

It shall be unlawful to solicit, or distribute any merchandise or services on any public street or sidewalk within the City without first obtaining a business tax certificate and paying the applicable business license tax for each solicitor, pursuant to Chapter 1 of Title 3. Notwithstanding those provisions, no business tax certificate shall be DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 27. SIDEWALK AND STREET VENDORS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. issued without evidence that the solicitor has obtained all permits required by this article. The original of the City business tax certificate shall be displayed conspicuously at all times at the location of a solicitor located on the public right-of-way or, in the case of a mobile solicitor, on demand from any law enforcement officer or upon demand of any person to whom the solicitor is soliciting. (Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.03. Permit to Operate.
(a) No person shall solicit on any public street or public sidewalk in the City without a valid permit issued by the Police Department. Evidence of such permit shall accompany the business tax certificate application or renewal application to the Finance Department.
(b) Any permit issued pursuant to this article shall automatically expire, terminate, and be of no further force and effect at 5:00 p.m. on December 31 of each year.
(c) Any permit issued pursuant to this article is nontransferable. (d) A solicitor applicant desiring a solicitor 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 applicant and of all persons financially interested in the business;
(2) A statement of the type of goods, property, or service to be solicited; (3) The names and addresses of at least two (2) references as to the applicant’s moral character, honesty and integrity;
(4) Identification of any vehicle intended to be used for soliciting; (5) The intended location of soliciting activities;
(6) 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; (7) Evidence of general liability and automobile liability insurance in a form and at levels of coverage acceptable to the City;
(8) Previous soliciting permits issued to the applicant in other cities and the status of those permits; and (9) Such further information as the Police Department may require. (e) The applicant shall also furnish his/her fingerprints and thumbprints to be taken by the Police Department. (f) 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. (g) The Police Department shall conduct an investigation of the application and may issue a solicitor 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 article have been or will be met; and DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 27. SIDEWALK AND STREET VENDORS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (4) The applicant and all the persons listed in subsection (d)(1) of this section have no previous convictions under State law concerning theft, possession of stolen property, the sale of narcotics, or a crime involving moral turpitude.
(h) Every solicitor, at all times while engaged in soliciting, shall have in his/her immediate possession the permit issued under the provisions of this section and when so soliciting shall display the same upon demand of any law enforcement officer and upon demand of any person to whom the solicitor is soliciting. (i) Every vehicle used for soliciting shall display the permit issued pursuant to this article in a conspicuous place in said vehicle.
(Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.04 Permit Denial or Revocation.
(a) The Police Chief may deny a permit application if it is inaccurate, incomplete or unable to meet the requirements of Section 5-27.2.03, or if no application fee has been submitted. (b) The Police Chief may revoke a permit if any of the following are determined and found after permit issuance:
(1) The application was inaccurate;
(2) Any violation of this article;
(3) Conviction of the permit holder of any felony or crime involving moral turpitude; or (4) Soliciting in an unlawful manner or in such a manner which is detrimental to public health, safety or the general welfare of the City.
(c) Any revocation of a permit or denial of a permit application may be appealed to the City Council pursuant to the provisions of Chapter 4 of Title 1.
(Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.05. Soliciting Locations.

A solicitor with a valid permit shall be permitted on public streets and sidewalks from the hours of 8:00 a.m. until 7:00 p.m. daily, subject to the conditions set forth below:
(a) No solicitor shall operate within three hundred feet (300') of the grounds of any elementary or secondary school on any school day;
(b) No solicitor shall locate within five hundred feet (500') of a freeway entrance or exit; (c) No solicitor shall locate within fifty feet (50') of any street or roadway intersection, crosswalk, fire hydrant, or bus stop;
(d) No solicitor shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property;
(e) No solicitor shall locate on any public sidewalk or within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone; (f) No solicitor shall locate within two hundred feet (200') of any other peddler or solicitor operating during the vending hours specified in this section;
(g) Solicitors shall not 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. (Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 27. SIDEWALK AND STREET VENDORS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. 5-27.2.06. Hours When Prohibited.

It is unlawful for any person to solicit before 8:00 a.m. or after 7:00 p.m. of any day. (Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.07. Certified Farmers’ Markets.

Notwithstanding the provisions of this article, solicitors operating within a certified farmers’ market, permitted by this code, shall comply with all of the provisions of Chapter 35 of Title 5. (Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.08. Penalties.

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

Every day of soliciting without a valid permit constitutes a separate offense. (Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 34. SIGNS ON PUBLIC SIDEWALKS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023.

CHAPTER 34.

SIGNS ON PUBLIC SIDEWALKS
Sections:
5-34.01 Purpose
5-34.02 Definitions
5-34.03 Sidewalk Sign Permit Required
5-34.04 Application for Sign Permit
5-34.05 Indemnification
5-34.06 Placement of Sidewalk Signs
5-34.07 Size of Sidewalk Signs
5-34.08 Hours of Display
5-34.09 Number of Sidewalk Signs
5-34.10 Exceptions
5-34.11 Penalties and Enforcement
5-34.01 Purpose.

The purpose of this chapter is to provide for the regulation of signs on public sidewalks; to provide needed information for the public while allowing for safe passage for pedestrians on public sidewalks; and to establish procedures to process review of sign permit applications for proposed signs on public sidewalks. (Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)
5-34.02 Definitions.

The following definitions shall apply in this chapter:
(a) “Business location” means the principal location within the City where the applicant for the sign permit conducts business.
(b) “City” means the City of Emeryville.
(c) “City Manager” means the City Manager of the City of Emeryville or the City Manager’s designee. (d) “Director” means the Director of the Public Works Department or the Director’s designee. (e) “Major commercial thoroughfare” shall mean the following streets in the City:
(1) Horton Street.
(2) Powell Street.
(3) Shellmound Street.
(4) Shellmound Way.
(5) Bay Street.
(6) Christie Avenue.
(7) Hollis Street.
(8) 40th Street.
(9) San Pablo Avenue.
(10) Adeline Street.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 34. SIGNS ON PUBLIC SIDEWALKS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (11) Park Avenue.
(f) “Pedestrian” includes persons using assisted mobility devices. (g) “Person” includes a natural person, firm, partnership, co-partnership, association, organization, company, corporation, trustee, or any other legal entity.
(h) “Public property” includes public right-of-way and any other property owned or controlled by the City, the Emeryville Redevelopment Agency, or the Community Development Commission of Emeryville. (i) “Public right-of-way” means and includes the area and those areas dedicated to public use for public street purposes including but not limited to roadways, parkways, alleys and sidewalks. (j) “Roadway” is that portion of a public right-of-way improved, designed and ordinarily used for vehicular traffic, including drainage gutters and curbs a minimum of six inches (6") in horizontal width. (k) “Sign” shall mean any structure, device, or material which, either directly or indirectly, advertises, informs or identifies persons, businesses, commodities, or services and is intended for temporary display on the public sidewalk.
(l) “Sign area” shall mean and is determined as follows: where the text or illustrated material is placed on a board or other structure having a surface distance from the surface on which it is mounted, the area on such board or structure shall be the sign area.
(m) “Sidewalk” is that portion of a public right-of-way provided for the exclusive use of pedestrians, including planting areas or parking strips, between the public roadway and adjacent property lines. (n) “Vehicular traffic” means and includes bicycles.
(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)
5-34.03 Sidewalk Sign Permit Required.

No person shall construct, erect, alter, locate, or relocate a sign on a sidewalk without first obtaining a sign permit, as provided in this chapter.
(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)
5-34.04 Application for Sign Permit.
(a) Application for a sign permit shall be made to the Director in writing on a form approved by said official and shall contain the following:
(1) Name, address, and contact information of the sign applicant. (2) The proposed location of the sign on the sidewalk and major commercial thoroughfare. (3) A copy of the plans, specifications and scale drawings showing the design, size, structural details and other calculations, if any, of the sign.
(4) A copy of the business tax certificate issued by the City in accordance with Chapter 1 of Title 3. (5) Such other technical or structural information as the Director may require. (b) The City Council may establish sign permit fees by resolution. An applicant shall pay a sign permit fee as established by the City Council.
(c) Upon the filing of an application for a sign permit, the Director shall review the application and plans for the proposed sign, or the proposed alteration or relocation, for compliance with all requirements of this chapter.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 34. SIGNS ON PUBLIC SIDEWALKS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (d) If the Director determines that the proposed sign, alteration or relocation is in compliance with all of the requirements of this chapter and all other applicable ordinances of the City, he or she shall issue a sign permit pursuant to the placement standards in this chapter. The Director may deny in whole or in part any application which does not meet all the requirements of this chapter.
(e) The Director may revoke a sign permit if he or she determines and finds the application was inaccurate, the permit holder failed to meet requirements of this chapter, or the permit holder failed to meet any conditions of approval for the sign permit.
(f) In the event the Director denies an application in whole or in part, or revokes a previously issued permit, the applicant or permit holder may appeal the Director’s decision to the City Manager. The applicant or permit holder shall file an appeal with the City Manager’s Office within five (5) business days of issuance of the Director’s decision. In the event the applicant or permit holder fails to file a timely appeal, the Director’s decision shall be final. The City Manager shall issue a written decision on the appeal within one (1) business day. The City Manager’s decision shall be final.
(g) A permit issued pursuant to this chapter is nontransferable. (h) Any business location may only be issued one (1) permit per year. (i) A permit issued pursuant to this chapter shall automatically expire at 5:00 p.m. on December 31 of each year. (Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)
5-34.05 Indemnification.

Any person who is granted a sign permit pursuant to the provisions of this chapter shall, by the issuance of such permit, thereby indemnify and hold harmless the City, its officers and employees of and from any and all liabilities, claims, demands, actions or causes of action for injury or injuries to any person or persons or death or deaths of any person or persons or damage to property arising out of or occasioned in any way by the issuance of said permit, the work performed pursuant to such permit or the existence of such projection. (Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)
5-34.06 Placement of Sidewalk Signs.
(a) No sign may be permanently affixed to the sidewalk. Signs shall not be chained, bolted, or otherwise attached to any bus shelter, bench, street light, utility pole, newsrack, fence, tree, shrub, or other plant. Signs on public sidewalks shall be placed so as not to damage the sidewalk. (b) Signs may not be placed in the roadway or in or on any median in the roadway. (c) Permitted signs shall only be placed on sidewalks. In no event shall signs be permitted or displayed on any other public property.
(d) Signs must be placed on sidewalks so as to allow for a minimum for four feet (4') clear path of travel. (e) Signs shall not be placed on access ramps or within four feet (4') of the curb return of any wheelchair curb ramp.
(f) Signs shall not be illuminated.
(g) Signs shall not have balloons, pennants, flags, or streamers attached. (Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)
5-34.07 Size of Sidewalk Signs.
(a) Signs shall be no wider than four feet (4') and no higher than three feet (3') per display side. (b) Signs shall have no more than two (2) display sides.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 34. SIGNS ON PUBLIC SIDEWALKS

The Emeryville Municipal Code is current through Ordinance 23-002, passed September 5, 2023. (Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)
5-34.08 Hours of Display.

Signs may be displayed only from the hours of 8:00 a.m. through 6:00 p.m. daily. Signs shall be removed during non-display hours.
(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)
5-34.09 Number of Sidewalk Signs.
(a) Each permit holder may display one (1) sign on a public sidewalk immediately adjacent to the permit holder’s business location.
(b) In addition, a permit holder may display one (1) additional sign at the intersection of the closest major commercial thoroughfare.
(c) No more than four (4) signs may be displayed at any one (1) corner of any major commercial thoroughfare.

Signs at a major commercial thoroughfare corner shall be authorized by a sign permit and issued on a first-come, first-served basis.
(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)
5-34.10 Exceptions.

The following signs shall be exempt from the provisions of this chapter:
(a) Signs installed or displayed by the City, another governmental agency, a public utility, or common carrier. (b) Signs required to be posted or maintained by law or governmental rule, order, or regulation. (Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)
5-34.11 Penalties and Enforcement.

Violations of this chapter shall be punishable as an infraction as provided in Chapter 2 of Title 1 or may also be subject to administrative citation under Chapter 7 of Title 1 of this Code. Each and every day of violation shall be punishable as a separate offense or citation. In addition, the City may remove and dispose of any sign in violation of this chapter.
(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)
DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 35. CERTIFIED FARMERS’ MARKETS

The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023.

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: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 35. CERTIFIED FARMERS’ MARKETS

The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023. (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 this 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; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023) 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 this 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 5-27.1.06(g), (fh and (i) shall not apply to vendors, or solicitors operating in a certified farmers’ market permitted under this chapter. All other provisions of this code shall apply to vendors, 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: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 35. CERTIFIED FARMERS’ MARKETS

The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023. (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.

DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 35. CERTIFIED FARMERS’ MARKETS

The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023. (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; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023) 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: 2876A489-3607-49CB-849A-7754D02FCD67 Emeryville Municipal Code
CHAPTER 35. CERTIFIED FARMERS’ MARKETS

The Emeryville Municipal Code is current through Ordinance 23-006, passed December 19, 2023. 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. 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; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023) DocuSign Envelope ID: 2876A489-3607-49CB-849A-7754D02FCD67