EMC CODE CHAPTER/
SECTION
SUBJECT
EXISTING EMC CRIMINAL PENALTY
12-15-2020 City Council Direction and Staff Recommendations
PROPOSED MODIFICATION/AMENDMENT
NO PROPOSED CHANGES DUE TO PREVIOUS COUNCIL ACTION/STUDY:
5-4
Cabarets and Dances
Infraction
CC: Refer to City Council Study Session
Staff: Maintain infraction penalty
No proposed changes recommended due to previous Council action on November 1, 2022. 5-13
Noise
Infraction
CC: Refer to City Council Study Session and within context of code enforcement officer issue Staff: Maintain infraction penalty
No proposed changes recommended due previous Council review in 2017- 2018. 5-14
Obstructions to Streets and Sidewalks
Infraction
CC: Refer to City Council study session and within context of code enforcement officer issue Staff: Maintain infraction penalty
No proposed changes recommended. (Reviewed and amended by Council on June 4, 2024 with Group II Amendments). 5-30
Regulation of Firearms Dealers
Misdemeanor and Infraction
CC: Refer to separate item for City Council to consider with direction to repeal and replace with prohibit firearms dealers Staff: Maintain Misdemeanor and Infraction
No proposed changes recommended due to previous Council action to create permitting process in 2010.
NO PROPOSED CHANGES PURSUANT TO STAFF RECOMMENDATION:
5-9
Intoxication
Infraction, except for violation of
9.03 Consumption of alcoholic beverage in public is a misdemeanor CC: Refer to Public Safety Committee; City Council is interested in alternatives Staff: maintain infraction penalty and reduce misdemeanor penalty to infraction for 9.03 No changes recommended.
5-29
Smoking Pollution Control
Infraction and administrative citation
CC: Refer to City Council study session and within context of code enforcement issue Staff: Maintain infraction remedy
No changes recommended.
8-1
Building Code
Listed as infraction in penalty chart
CC: Refer to City Council study session and within context of code enforcement issue Staff: Maintain infraction penalty
No changes recommended.
8-2
Historical Building Code
Listed as infraction in penalty chart
CC: Refer to City Council study session and within context of code enforcement issue Staff: Maintain infraction penalty
No changes recommended.
8-3
Existing Building Code
Listed as infraction in penalty chart
CC: Refer to City Council study session and within context of code enforcement issue Staff: Maintain infraction penalty
No changes recommended.
8-4
Residential Code
Listed as infraction in penalty chart
CC: Refer to City Council study session and within context of code enforcement issue Staff: Maintain infraction penalty
No changes recommended.
8-5
Mechanical Code
Listed as infraction in penalty chart
CC: Refer to City Council study session and within context of code enforcement issue Staff: Maintain infraction penalty
No changes recommended.
8-7
Electrical Code
Listed as infraction in penalty chart
CC: Refer to City Council study session and within context of code enforcement issue Staff: Maintain infraction penalty
No changes recommended.
8-8
Green Building Standards Code
Listed as infraction in penalty chart
CC: Refer to City Council study session and within context of code enforcement issue Staff: Maintain infraction penalty
No changes recommended.
8-9
Property Maintenance Code
Listed as infraction in penalty chart
CC: Refer to City Council study session and within context of code enforcement issue Staff: Maintain infraction penalty
No changes recommended.
8-11
Dangerous Buildings Code
Listed as infraction in penalty chart
CC: Refer to City Council study session and within context of code enforcement issue Staff: Maintain infraction penalty
No changes recommended.
PROPOSED REPEALING OF ENTIRE CHAPTER:
5-2
Advertising
Listed in the penalty chart as an infraction.
CC: Refer to City Council Study Session
Staff: Eliminate criminal penalty; may require substantive revisions Recommend repealing entire chapter.
5-8
Gas, Water and Electric Meters
List in penalty chart as a misdemeanor
CC: Refer to City Council Study Session and within context of code enforcement issue Staff: Reduce to infraction
Recommend repealing entire chapter.
City of Emeryville – Elimination of Criminal Penalties in Municipal Code 09-09-2024 Study Session
Summary of Group III Amendments