The State Street Promenade is intended for use primarily by pedestrians as defined in Vehicle Code Section 467, bicycles as defined in Vehicle Code Section 231, and other forms of wheeled personal transportation consistent with use of a multi-use area, such as skateboards and scooters, but excluding automobiles, motorcycles, and similar motor vehicles. Under Vehicle Code Section 467, a pedestrian includes persons using electric personal assistive mobility devices, self-propelled wheelchairs, motorized tricycles, or motorized quadricycles as specified in that section. Under Vehicle Code Section 231, bicycle includes an electric bicycle. As used in this section the term motor vehicle has the same meaning as defined in Vehicle Code Section 415 but does not include bicycles or mobility devices used by pedestrians.

The State Street Promenade is closed to motor vehicles, except:

The City Administrator is authorized to establish regulations for use of the roadway portion of the Promenade by pedestrians, bicycles, and other forms of wheeled transportation. Notwithstanding Section 10.06.010 of this Code, skateboards, roller skates, in-line skates, and similar devices are permitted within the roadway portion of the Promenade, subject to regulation adopted under this subsection. Sidewalks are reserved for exclusive use by pedestrians.

The Public Works Director is authorized to install and maintain traffic control signs, devices, fixtures, striping, and structures as approved by the City Engineer and the City Traffic Engineer necessary or convenient to implement this section, including signs advising of regulations adopted under subsection C.

Traffic regulations promulgated by the City Administrator under Ordinance No. 6055 will continue in effect unless amended or rescinded by the City Administrator as authorized by this section.

The City Administrator, with the consent of the City Traffic Engineer and as directed by the City Council, may authorize motor vehicle use of the portions of the Promenade and modify the roadway portion of the Promenade used by pedestrians, bicycles, and other forms of wheeled transportation.

Notwithstanding Section 9.48.010 of this Code, outdoor business facilities may be located in the roadway portion of the State Street Promenade adjacent to a business premises in compliance with this section and all of the following:

By placing facilities, equipment, or furnishings under this section, the owner assumes all risk and agrees to defend, indemnify, and hold harmless the City and its officers, employees, and agents from and against any liability arising from the existence, use, or condition of the facilities, equipment, or furnishings.

The owner must maintain insurance at coverage limits and with conditions thereon determined from time to time by the Risk Manager. The owner must maintain a current certificate of insurance on file with the Risk Manager. The certificate of insurance must be provided to the City before approval of an outdoor dining license agreement as required under subsection A.2. of this section.

Vending subject to Chapter 9.49 of this Code is permitted as provided in Section 9.49.110.

Outdoor business facilities within the roadway in compliance Section 31.30.010 are exempt from the requirements of Chapter 9.95. Within the sidewalk and street furniture area, outdoor dining facilities may be licensed and permitted under Chapter 9.95 within the frontage of a business provided that the remainder of the sidewalk remains accessible to persons with disabilities as required by state and federal law and an outdoor dining license has been issued under Chapter 9.95. Service of alcoholic beverages within an outdoor dining area permitted under this subsection is allowed subject to the requirements of the license issued for the business by the state Department of Alcoholic Beverage Control.

Farmers' markets may be authorized as provided in Section 9.48.010.C.2 of this Code.

The City Administrator may authorize the Downtown Organization and City departments to sponsor events, activities, and arts and crafts shows.

Special events may be authorized under Chapter 15.17 of this Code.

Outdoor business facilities existing on June 27, 2023, in compliance with Ordinance No. 6055, may continue to operate in compliance with this chapter and the City's Requirements for Operating a Business on the Temporary State Street Promenade in effect on June 27, 2023. If new regulations are adopted, the facilities must be brought into conformity with the new regulations according to a schedule established in the regulations.

New outdoor business facilities may be installed in compliance with the City's Requirements for Operating a Business on the Temporary State Street Promenade in effect on June 27, 2023, including all the aesthetic design provisions of those guidelines. If new regulations are adopted, the facilities must be brought into conformity with the new guidelines according to a schedule established in the regulations.

Outdoor business facilities may be established and maintained under this chapter on Victoria Street between State Street and Chapala Street and the 1300 block of State Street so long as the City Administrator, in consultation with the Fire Marshal and the City Traffic Engineer, authorize continuation of modified traffic patterns in those areas, and on the 400 block of State Street.

The City Administrator is authorized to promulgate new or amend existing regulations for the placement, operation, and maintenance of outdoor business facilities consistent with the provisions of this chapter. The regulations or amendments will be effective upon approval by the City Council.

Design review under Titles 22, 28, and 30 of the Santa Barbara Municipal Code is suspended for the temporary facilities and uses installed and maintained as authorized by this chapter.

The Public Works Director may immediately remove and dispose of any outdoor business facility for which an outdoor business facility license has not been issued under Section 31.30.010. The owner is responsible for payment to the City of the cost of removal and disposal.

In addition to any enforcement remedy under Chapters 1.25 or 1.28 of this Code, the authorization under this chapter shall be suspended or revoked for any business that is subject to more than two enforcement notices of violation or other enforcement actions upon written notice by the Public Works Director or a city employee designated by the Public Works Director for enforcement of this chapter. A business owner may appeal a suspension or revocation to the City Administrator by filing a written appeal within seven days of the date of the notice. The decision of the City Administrator is final. Notices under this subsection may be given to the address of the person stated on the outdoor business facility license or posted on the outdoor business facility.

Violations of this title, any regulation promulgated under Chapter 31.20 or 31.30, or any posted traffic control or regulatory sign or device may be enforced pursuant to Chapters 1.25 and 1.28 of this Code.

In addition to any other enforcement authority, Chapter 31.40 may be enforced by the Public Works Director or any employee to whom the director has delegated responsibility for enforcement of that chapter.