Santa Barbara City Zoning Code
Title 9
Public Peace and Safety
§ 9.01.010 Definitions.
Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this title, have the meanings indicated in this chapter.
Any place open to the public where billiards or pool is played, or any house, room or building, except a private residence, in which any billiard or pool table is kept and persons are permitted to play or do play thereon, whether any compensation or reward is charged for the use of such table or not.
Any building or place used for the purpose of illegal gambling as defined by state law or Chapter 9.25 of this code.
To lag, wander, or drift in a lingering or aimless manner without apparent object or destination, or to wander, in a vehicle or otherwise, in an idle manner upon a circuitous or repetitious route.
All portions of any public street where the same has no curb line and as to any public street having a curb line includes all portions situated between each curb line and the nearest property line regardless of whether the sidewalk is improved or unimproved.
(Prior code §32.1; Ord. 4908, 1995)
§ 9.04.010 Curfew.
A.
Nighttime curfew. It is unlawful for any minor under the age of 18 years to be present in or upon the public streets, avenues, highways, roads, alleys, sidewalks, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement or eating places, parking lots or vacant lots in the City between the hours of 10:00 p.m. on any day and sunrise of the immediately following day. This section does not apply when:
1.
The minor is accompanied by his or her parent, guardian or other adult person having the care or custody of the minor, or by his or her spouse 18 years of age or older;
2.
The minor is on an errand directed by his or her parent or guardian or other adult person having the care or custody of the minor, or by his or her spouse 18 years of age or older, without any detour or stop;
3.
The minor is attending or returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event or school activity, without any detour or stop;
4.
The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged;
5.
The minor is attending school, religious, recreational or civic functions;
6.
The minor is in a motor vehicle involved in interstate travel;
7.
The minor is married, has been previously married or has been declared emancipated pursuant to law;
8.
The minor is on the property or sidewalk abutting the minor's residence;
9.
The minor is involved in an emergency; or
10.
The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and freedom of assembly.
B.
Daytime curfew. It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education to be present in or upon the public streets, avenues, highways, roads, alleys, sidewalks, parks, playgrounds, or other public grounds, public places, public buildings, places of amusement or eating places, parking lots or vacant lots in the City during the minor's school hours. This section does not apply when:
1.
The minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor;
2.
The minor is involved in an emergency;
3.
The minor is going to or coming directly from his or her place of employment or a medical appointment;
4.
The minor has permission to leave school campus for lunch or for a school related activity and has in his or her possession a valid off-campus permit issued by the school;
6.
The minor is exempt from compulsory education as enumerated in Education Code Sections 48220 et seq.; including, but not limited to, a minor receiving instruction at home pursuant to Education Code Sections 48222, 48224, 51745 or other applicable provisions of state law, or is otherwise exempt from attendance at a public or private full-time day school as set forth in the Education Code;
7.
The minor is conducting activities which are "excused" for justifiable personal reasons within the meaning of Education Code Section 48205;
8.
The minor is going directly to or from an event or activity sponsored, sanctioned, or arranged by the school;
9.
The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and freedom of assembly; or
10.
The minor is not a student attending school within the County of Santa Barbara or possesses a valid passport, visitors visa or other form of identification to establish the minor is temporarily visiting within the City, or the minor is in a motor vehicle involved in interstate travel.
C.
Violation. Notwithstanding any other provisions of this code, when a person under the age of 18 years is charged with a violation of this section, and a peace officer issues a notice to appear in Juvenile Court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code.
D.
Penalties for violation. Any person convicted of willfully violating this section is guilty of an infraction punishable by a fine not to exceed $80.00 and/or eight hours of community service. Community service shall be served during a time other than the minor's hours of school attendance or employment.
E.
Enforcement. Before taking any action to enforce the provisions of this section, police officers shall ask the apparent offender's age and reason for being out in a public place during curfew hours. The officer shall not issue a citation or make an arrest for a violation of this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exceptions to this section apply.
§ 9.04.020 Responsibility of Parent or Guardian.
No parent, guardian or other person having the legal care, custody or control of any person under the age of 18 years shall knowingly permit or allow such person to violate the provisions of Section 9.04.010.
§ 9.04.030 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section.
An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to the following: a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
(1) A person who under court order is the guardian of minor, or (2) a public or private agency with whom the minor has been placed by a court order, or (3) a person at least 18 years of age exercising care and custody of a minor.
Any person under the age of 18 years of age.
A person who is a natural parent, adoptive parent, or a stepparent of another person.
Any place to which the public or any substantial group of the public has access including, but not limited to, paseos, sidewalks, streets, highways, beaches, parks, playgrounds, and common areas of schools, hospitals, apartments, houses, office buildings, transport facilities, theaters, game rooms, shops, shopping malls, or any other public place of business.
A way or place, of whatever nature, open to the use of the public as a matter of right for the purpose of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. The term "street" includes the legal right-of-way, including, but not limited to, the traffic lanes, curbs, sidewalk whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street. The term "street" applies irrespective of what the legal right-of-way is formally called, whether alley, avenue, court, road, or otherwise.
(Prior code §§32.8. and 32.9; Ord. 4949, 1996; Ord. 4973, 1996; Ord. 5019, 1997)
§ 9.05.010 Alcoholic Beverages - Public Consumption and Possession of Open Container.
A.
No person shall consume an alcoholic beverage, or have in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or which has a seal broken, or the contents of which have been partially removed, upon any public street, alley, sidewalk, parking lot, park, recreation facility or beach, in or immediately adjacent to a public restroom, or other public place within the City except:
1.
Within those public parks, beaches or recreational facilities designated by resolution of the City Council as permitting the consumption of alcoholic beverages; or
2.
In or on the property of an establishment, business place, or other location properly licensed for the sale and consumption of alcoholic beverages under the Alcoholic Beverage Control Act of the State of California; or
3.
During a community special event, provided the Parks and Recreation Director, after consultation with the Chief of Police, has permitted the consumption of alcoholic beverages in connection with the special event use of any park, recreational facility or beach (or any portion thereof) and the event has been issued a Special Event Permit pursuant to Chapter 9.12 of the municipal code. The consumption of alcoholic beverages shall only be permitted within those areas of the park, recreation facility or beach so designated by the Director and subject to any additional constraints imposed by the Director and the Chief of Police in connection with the issuance of the Special Events Permit. Nothing in this section shall be deemed to relieve any applicant or event organizer from full compliance with all alcohol beverage control laws and regulations of the State of California.
4.
In or on a park or other recreational facility owned by the City but operated by a private operator or non profit agency pursuant to an agreement with the City, provided that the operator may establish and enforce its own rules or regulations regarding the consumption or possession of alcoholic beverages.
B.
Warning Signs. The City Parks and Recreation Department shall post appropriate signs advising the public that the consumption of alcohol or the possession of open containers of alcohol is not permitted in certain parks, recreation facilities and beaches.
(Ord. 4224, 1983; Ord. 4284, 1984; Ord. 5131, 1999)
§ 9.05.020 Possession of Alcohol Adjacent to a Licensed Retail Establishment.
A.
No person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises, of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the California Business and Professions Code.
B.
As used in subsection A above, "posted premises" means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license and the parking lot immediately adjacent to the licensed premises.
C.
Every retail establishment licensed pursuant to Division 9 (commencing with Section 23000) of the California Business and Professions Code shall post its premises within 90 days of the effective date of this chapter with clearly visible notices, in a form and manner approved by the City, indicating to the patrons of the licensee and parking lot that the provisions of this section are applicable.
(Ord. 4224, 1983)
§ 9.07.010 Urinating or Defecating in Public Prohibited.
No person shall defecate or urinate in public or upon any street, sidewalk, or other public place.
(Ord. 5687, 2015)
§ 9.08.010 Minors - Leaving Unattended Unlawful.
It is unlawful for any parent, legal guardian or adult having custody or control of any minor child to leave any minor child under the age of five years unattended by a person at least 10 years of age, in any automobile or truck standing in any public street, alley or public or private parking place or lot in the City.
(Prior code §32.27; Ord. 3766 §6, 1975)
§ 9.10.010 Knives or Daggers in Plain View.
A.
No person shall wear or carry in plain view any knife or dagger upon any public street or other public place or in any place open to the public.
B.
As used in this chapter the term "knife" or "dagger" shall be defined to mean a knife or dagger having a blade of three inches or more in length, an ice pick or other sharp or pointed tool similar to an ice pick, or a straight edge razor (which shall include a tool or handle fitted to hold a razor blade).
C.
The prohibitions of this section shall not apply while a person is wearing or carrying a knife or dagger for use in a lawful occupation, for lawful recreational purposes or while the person is traveling to or returning from participation in such activity.
(Ord. 4524, 1988)
§ 9.16.010 Generally.
A.
Causing annoyance, discomfort or disturbing the peace. It is unlawful for any person to make, cause or suffer or permit to be made or caused, upon any premises owned, occupied or controlled by said person in the City, any noises or sounds which cause annoyance or discomfort to persons of ordinary sensitivity or which disturb the peace and quiet of any neighborhood.
B.
Factors used in determining whether a violation has occurred. The factors which shall be considered by the City in determining whether to issue a citation for a violation and whether a violation of this section has occurred shall include, but not be limited to, the following:
1.
The volume of the noise, music, or related sound;
2.
The intensity of the noise, music, or related sound;
3.
The duration, continuousness or repetitive nature of the noise, music, or related sound;
4.
Whether the origin of the noise, music, or related sound is natural or unnatural to the area in which it occurs;
5.
The volume and intensity of the background noise or sound, if any;
6.
The proximity of the noise, music, or related sound to residential sleeping facilities or to overnight accommodations, such as hotels and motels;
7.
The proximity to offices, places of business or other areas where work is known to be carried on, of the noise, music, or related sound;
8.
The nature and zoning of the area within which the noise, music, or related sound emanates;
9.
The time of day or night the noise, music, or related sound occurs and the relationship of this time to the normal activities of the area in which it occurs and in relation to the other factors listed in this subsection;
10.
Whether the noise, music, or related sound is recurrent, intermittent, or constant;
11.
Whether the noise, music, or related sound is produced by a commercial or a noncommercial activity;
12.
Whether the person or business responsible for the noise, music, or related sound has been previously recently warned that complaints have been received about the noise, music, or related sound and such person or business has failed to reduce it to an appropriate level.
(Prior code §32.28; Ord. 5145, 2000; Ord. 5740, 2016)
§ 9.16.020 Noise Disturbance Prohibited.
No person shall make, continue or cause to be made or continued, or permit or allow to be made or continued, any noise disturbance in such a manner as to be plainly audible by a person of ordinary sensitivity at a distance of 50 feet from the noise source; provided, nothing in this section shall be construed to prohibit any noise which does not penetrate beyond the boundaries of the noise source's own premises or does not constitute an unreasonable disturbance to people lawfully on those premises.
(Ord. 5740, 2016)
§ 9.16.030 Specific Conduct Prohibited.
A.
The following subsections set forth specific conduct which shall be unlawful:
1.
Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television set, music player, drum, musical instrument, or similar device which produces or reproduces sound between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to create a noise disturbance audible by a person of ordinary sensitivity across a residential or commercial real property line.
2.
Loudspeakers and Amplified Sound. Using or operating for any purpose any loudspeaker, loudspeaker system or similar device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner that the sound creates a noise disturbance audible by a person of ordinary sensitivity across a residential real property line. The applicable hours shall be extended to 1:30 a.m. on the night before New Year's Day.
3.
Animals and Birds. Keeping, maintaining or possessing or harboring any animal or bird which frequently or for long duration, howls, barks, meows, squawks or makes other sounds which create a noise disturbance audible by a person of ordinary sensitivity across a residential or commercial real property line.
B.
Exclusions.
1.
Amplification of sound by a person as part of an event or activity sponsored or approved by the County of Santa Barbara on property owned by or leased to the county, provided the county has adopted or approved a sound control plan for the property which is applicable to the event or activity.
2.
Amplification of sound by a person as a part of an event or activity sponsored or approved by the County of Santa Barbara on property owned by or leased to the County of Santa Barbara and for which property the county has not developed a sound control plan.
3.
Amplification of sound by a person as part of an activity or event sponsored or approved by the City of Santa Barbara on property owned by or leased to the City of Santa Barbara.
4.
Amplification of sound by a person as part of an activity or event sponsored by or approved by a nursery school or day care, elementary school, secondary school or college or university on property owned by or leased to the educational institution.
5.
Amplification of sound by a person as part of an activity or event sponsored by or approved by a public entity on property owned by or leased to the public entity.
(Ord. 5740, 2016; Ord. 6120, 2023)
§ 9.16.040 Construction Work at Night Prohibited.
It is unlawful for any person, between the hours of 8:00 p.m. of any day and 7:00 a.m. of the following day to erect, construct, demolish, excavate for, alter or repair any building or structure unless a special permit has been applied for and granted by the Chief Building Official. In granting such special permit, the Chief Building Official shall consider if construction noise in the vicinity of the proposed work site would be less objectionable at night than during daytime because of different population levels or different neighboring activities, if obstruction and interference with traffic, particularly on streets of major importance, would be less objectionable at night than during daytime, if the kind of work to be performed emits noises at such a low level as to not cause significant disturbance in the vicinity of the work site, if the neighborhood of the proposed work site is primarily residential in character wherein sleep could be disturbed, if great economic hardship would occur if the work were spread over a longer time, if the work will abate or prevent hazard to life or property, if the proposed night work is in the general public interest; and he or she shall prescribe such conditions, working times, types of construction equipment to be used, and permissible noise emissions, as he or she deems to be required in the public interest. This section shall not be applicable to activities of public or private utilities when restoring utility service following a public calamity or when doing work required to protect persons or property from an imminent exposure to danger.
(Ord. 4039, 1980; Ord. 5740, 2016)
§ 9.16.050 Leaf Blowers - Restriction on Use.
A. Leaf Blower. Noise Level Standards.
Definitions.
Any device used, designed or operated to produce a current of air by fuel, electricity or other means to push, propel or blow cuttings, refuse or debris.
Measured in accordance with those standards developed under the supervision of the American National Standards Institute's (ANSI) "Committee for Sound Level Labeling Standard for Hand Held and Back Pack Gasoline Engine Powered Blowers" presently adopted as ANSI B-175.2-1990 with the maximum noise level of 65 decibels.
B.
Prohibition in residential zones. It is unlawful for any person to operate a leaf blower within 250 feet of any residential zone, as that term is defined in Title 28 of this code, before 9:00 a.m. or after 5:00 p.m. Monday through Saturday, or at any time on Sundays or national holidays, provided that the City Parks and Recreation Department employees shall be allowed to use leaf blowers between the hours of 7:00 a.m. and 9:00 a.m. Monday through Saturday when cleaning parking lots adjacent to the City's Beachfront parks.
C.
Cleanup of debris. It is unlawful for any person operating any type of leaf blower to blow cuttings, refuse or debris onto a neighboring property or into a street or gutter. It is also unlawful for any person operating any leaf blower to fail to properly dispose of accumulated debris, leaves, or refuse in a sealed trash or refuse container.
D.
Phase-out of certain leaf blowers.
1.
Existing Leaf Blowers. The use of leaf blowers which are not manufactured to meet or exceed the Noise Level Standards is prohibited in all areas of the City, under all circumstances, after October 9, 1997.
2.
Sale of New Leaf Blowers. It is unlawful to sell or offer for sale within the City of Santa Barbara leaf blowers which are not manufactured to meet or exceed the Noise Level Standards of 65 decibels.
E.
Certification. Owners and operators will present equipment to the City Parks and Recreation Director or designee, with an application and reasonable fee, for noise testing according to ANSI testing criteria in the Noise Level Standards. Leaf blowers which generate 65 decibels or less according to the test will be issued a certification sticker, which is valid for one year following the date of testing. The use of a leaf blower, without a current and valid certification sticker affixed to it, within the City after July 1, 1998, is an infraction. All sound level measurements described in this section shall be taken with a Sound Level Meter.
F.
Guidelines for the proper use of leaf blowers. The City Parks and Recreation Director is hereby authorized and directed to adopt guidelines for the proper use of leaf blowers, which guidelines shall promote the safe and efficient use of leaf blowers, while also mitigating, to the extent possible, the noise and nuisance effects of leaf blowers. The Finance Department is hereby directed to provide a copy of this chapter and the leaf blower guidelines to each person obtaining a City business license for the operating of a gardening or landscaping maintenance service or business within the City. The operator of every business establishment selling leaf blowers within the City of Santa Barbara shall post in a conspicuous location and shall distribute to all purchasers a copy of this chapter and the guidelines.
(Ord. 4452, 1987; Ord. 4718, 1991; Ord. 4720, 1991; Ord. 5024, 1997; Ord. 5037, 1997; Ord. 5740, 2016)
§ 9.16.060 Use of Gasoline-Powered Leaf Blowers Prohibited.
A.
Measure D97, adopted November 4, 1997, provides: In order to secure and promote the public health, comfort, safety and welfare, and to protect the rights of its citizens to privacy and freedom from nuisance, it is the purpose of this chapter to prohibit unnecessary, excessive and annoying noises at levels which are detrimental to the health and welfare of the community, and to minimize airborne dust and pollen.
B.
It is unlawful for any person within the City to use or operate any portable machine powered with a gasoline engine, or gasoline-powered generator, to blow leaves, dirt, and other debris off sidewalks, driveways, lawns, or other surfaces.
(Ord. 5036, 1997)
§ 9.16.070 Regulation of Noise Affecting Parcels Zoned or Used for Residential Purposes.
A.
Hours of operation. Hours of operation on property zoned for agricultural use and used for planting, grading, vegetation removal, harvesting, sorting, cleaning, packing, shipping, and pesticide application shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday. Hours of operation for the above-stated activities shall be limited to 8:00 a.m. to 7:00 p.m. on Sunday and holidays.
B.
Motor vehicle horns and signaling devices. The following acts and the causing thereof are declared to be in violation of this chapter:
1.
The sounding of any horn or other auditory signaling device on or in any motor vehicle on any public right-of-way or public space, except as a warning of danger as provided in Section 27000 of the California Vehicle Code.
2.
The sounding of any horn or other auditory signaling device which produces a sound level in excess of 60 dB(A) at a distance of 200 feet.
3.
Exception. Emergency vehicles may be equipped with and use auditory signaling devices that do not comply with the requirements of this section.
C.
Mechanical equipment. Mechanical equipment other than vehicles and equipment which are operated by electricity obtained from an electricity utility company shall not be used outside before 8:00 a.m. or after 7:00 p.m. on Saturday, Sunday or holidays, or before 7:00 a.m. or after 7:00 p.m. Monday through Friday.
D.
Noise limitations. All mechanical equipment other than vehicles (including heating, ventilation, and air conditioning systems) shall be insulated. Sound at the property line of any adjacent parcel used or zoned for residential, public, or semi-public uses shall not exceed 53 A-weighted decibels 53dB(A). All wind machines are prohibited in the City.
(Ord. 4878, 1994; Ord. 5740, 2016; Ord. 5798, 2017)
§ 9.16.080 Sound Amplification.
No person shall amplify sound using sound amplifying equipment contrary to any of the following:
A.
The only amplified sound permitted shall be either music or the human voice or both.
B.
Sound emanating from any public park or place shall not be amplified above the ambient noise level so as to be audible within any hospital, rest home, convalescent hospital, or church while services therein are being conducted.
C.
The volume of amplified sound shall not exceed 60dB(A) when measured outdoors at or beyond the property line of the property from which the sound emanates.
D.
The volume of amplified sound inside a structure shall not exceed 45dB(A) when measured inside a building used for residential purposes. This maximum noise level shall not apply to the dwelling unit from which the sound is emanating.
E.
The limits set forth above shall not apply to the following:
1.
Amplification of sound by a person as part of an event or activity sponsored or approved by the County of Santa Barbara on property owned by or leased to the county, provided the county has adopted or approved a sound control plan for the property which is applicable to the event or activity;
2.
Amplification of sound by a person as a part of an event or activity sponsored or approved by the County of Santa Barbara on property owned by or leased to the County of Santa Barbara and for which property the county has not developed a sound control plan;
3.
Amplification of sound by a person as part of an activity or event sponsored or approved by the City of Santa Barbara on property owned by or leased to the City of Santa Barbara;
4.
Amplification of sound by a person as part of an activity or event sponsored by or approved by a nursery school, elementary school, secondary school or college or university on property owned by or leased to said educational institution;
5.
Amplification of sound by a person as part of an activity or event sponsored by or approved by a public entity on property owned by or leased to said public entity;
6.
Up to 1:30 a.m. on the night before New Year's Day.
(Ord. 4039, 1980; Ord. 5740, 2016; Ord. 6120, 2023)
§ 9.16.090 Definitions.
Unless the context otherwise clearly requires, technical words and phrases used in this chapter are defined as follows:
"Ambient noise" is the all-encompassing noise associated with a given environment, being usually composed of sounds from many sources near and far. For the purpose of this chapter, ambient noise level is the level obtained when the noise level is averaged over a period of five minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made.
"Decibel" (dB) shall mean an intensity unit which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio is 10 times the common logarithm of this ratio.
"Noise disturbance" shall mean any sound which (a) endangers or injures the safety or health of human beings or animals, or (b) annoys or disturbs reasonable persons of normal sensitivities, or (c) endangers or injures personal or real property, or (d) violates the factors set forth in Section 9.16.010 of this chapter. Compliance with the quantitative standards as listed in this chapter shall constitute elimination of a noise disturbance.
"Person" shall mean a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
"Sound amplifying equipment" shall mean any machine or device for the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. "Sound amplifying equipment" as used in this chapter shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes, and shall not include communication equipment used by public or private utilities when restoring utility service following a public calamity or when doing work required to protect persons or property from an imminent exposure to danger.
"Sound level" (noise level) in decibels is the value of a sound measurement using the "A" weighting network of a sound level meter. Slow response of the sound level meter needle shall be used except where the sound is impulsive or rapidly varying in nature, in which case fast response shall be used.
"Sound level meter" shall mean an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels which satisfies the pertinent requirements in American National Standards Institute's specification S1.4 2014 or the most recent revision thereof for type S-2A general purpose sound level meters.
Definitions of technical terms not defined herein shall be obtained from the American National Standards Institute's Acoustical Terminology S11 1994 or the most recent revision thereof.
(Ord. 4039, 1980; Ord. 5740, 2016)
§ 9.16.100 Measurement Methods.
A.
Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound pressure of 20 micronewtons per square meter (0.0002 microbar) as measured with a sound level meter using the "A" weighting, and using the slow meter response.
B.
Unless otherwise provided, outdoor measurements shall be taken with the microphone located at any point on the property line of the noise source, but no closer than five feet from any wall or vertical obstruction and three to five feet above ground level whenever possible.
C.
Unless otherwise provided, indoor measurements shall be taken inside the structure with the microphone located at any point as follows: (1) no less than three feet above floor level; (2) no less than five feet from any wall or vertical obstruction; and (3) not under common possession and control with the building or portion of the building from which the sound is emanating.
(Ord. 4039, 1980)
§ 9.16.110 Enforcement.
B.
Violations. Any violation of the provisions of this chapter shall be an infraction or be subject to administrative code enforcement pursuant to Chapter 1.25 of this code. Each hour such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
C.
Abatement orders.
1.
In lieu of issuing a notice of violation as provided for in subsection B of this section, the zoning enforcement or police department staff responsible for enforcement of any provision of this chapter may issue an order requiring abatement of a sound source alleged to be in violation, within a reasonable time period and according to guidelines which the police department may prescribe.
2.
No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in the written notice.
D.
Continued violations. Once a violation of any provision of this chapter has been verified by zoning enforcement or police department staff, the owner(s) of the property where the violation occurred may be subject to administrative action or infraction citation for allowing a subsequent violation of this chapter to occur on the property within nine months after the date of a previous violation, provided the property owner has received notification from the City of the previous violation and at least 14 days have passed since the date the notification was mailed to the property owner(s).
(Ord. 5740, 2016)
§ 9.16.120 Violations - Additional Remedies - Injunctions.
As an additional remedy, the operation or maintenance of any sound amplifying equipment, device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(Ord. 4039, 1980)
§ 9.20.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning indicated, unless otherwise expressly stated or the context clearly indicates a different meaning:
Any business licensed or required to be licensed by the Department of Alcoholic Beverage Control for alcoholic beverage on-sale privileges as a "public premises" as defined by California Business and Professions Code Section 23039.
All space between a floor and ceiling which is enclosed on all sides by solid walls, or windows, or doors, which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid. For the purposes of this chapter, the term "enclosed" shall refer to an "enclosed area."
Any area of the City sidewalk or public right-of-way licensed to a food service establishment pursuant to Chapter 9.95.
Any area or place, publicly or privately owned, that is open to the general public regardless of fee or age requirement, which the public is invited or in which the public is permitted. For the purposes of this chapter, a private residence is not a "public place" except when the residence is used as a child care, health care, board and care, or community foster care facility as such terms are defined by the state Health & Safety Code.
Any public or private area open to the public for recreational purposes, whether or not any fee for admission is charged.
Any eating establishment which gives or offers for sale food to the public, which is not licensed or not required to be licensed by the Department of Alcoholic Beverage Control for alcoholic beverage on-sale privileges or is licensed by the Department of Alcoholic Beverage Control for alcoholic beverage on-sale privileges as a "bona fide eating place" as defined by California Business and Professions Code Section 23038.
A retail store utilized primarily for the sale of tobacco products and accessories.
An open display of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of an employee.
The carrying or holding of a lighted or activated pipe, cigar, cigarette, electronic smoking device, or any other lighted or activated smoking product or equipment used to burn or vaporize any tobacco products, marijuana, weed, plant, or other combustible substance. "Smoking" includes emitting or exhaling the fumes or vapor of any pipe, cigar, cigarette, electronic smoking device, or any other lighted smoking equipment used for burning or vaporizing any tobacco product, marijuana, weed, plant, or any other combustible substance.
Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes, or any other preparation of tobacco. "Tobacco product" includes any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, including, but not limited to, electronic cigarettes or electronic smoking devices. "Tobacco product" does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
Any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, bills, trade checks, slugs or other form of legal tender or consideration.
When a store employee has access to the tobacco product and assists a customer by supplying the product.
(Ord. 4877, 1994; Ord. 5243, 2002; Ord. 5801, 2017)
§ 9.20.020 Areas Where Smoking is Prohibited.
A.
Smoke-free areas and facilities. Santa Barbara aims to be a "smoke-free" city to protect the health, safety, and well-being of city residents. Smoking shall be prohibited city-wide in public places within the City of Santa Barbara including, but not limited to, the following:
1.
Public sidewalks, plazas, and paseos, except that smoking is permitted at certain times in outdoor dining areas as outlined in Section 9.20.030.
2.
City owned parking structures and parking lots.
3.
Public transportation and public transportation depots, bus stops, and ticket areas.
4.
Public parks and gardens.
5.
Beaches.
6.
Stearns Wharf and the Harbor.
7.
Recreational areas and facilities, including, but not limited to, sports pavilions, gymnasiums, athletic fields, athletic courts, skate parks, swimming pools, trails, zoos, bowling alleys, and City operated golf courses, except that smoking is permitted in certain areas of any City operated golf course as outlined in Section 9.20.030.
8.
Galleries, aquariums, libraries, theaters, and museums, enclosed or not.
9.
Video arcades, bingo parlors, card rooms, game rooms, pool halls, dance halls, amusement centers, and convention halls.
10.
Events open to the public, including, but not limited to, farmer's markets, parades, festivals, art shows, and concerts.
11.
Restaurants, except that smoking may be allowed in outdoor patio areas and outdoor dining areas after 10:00 p.m.
12.
Enclosed areas of bars.
13.
Retail stores and malls, enclosed or not.
14.
All enclosed areas available to, and customarily used by, the general public in all businesses, nonprofit entities and public agencies patronized by the public including, but not limited to, offices, banks, laundromats, beauty and barber shops, and the common areas of hotels and motels.
15.
Enclosed common areas in apartment buildings, condominiums, retirement facilities, and nursing homes.
16.
Enclosed areas of child day care facilities and private residences while used as a child care, health care, board and care, and community foster care facilities as those terms are defined by state Health & Safety Code.
17.
Waiting rooms, hallways, wards, patient rooms, and entrances and exits of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' officers, and dentists' offices.
18.
Polling places, enclosed or not.
19.
Restrooms.
20.
Elevators.
21.
City facilities and all vehicles owned, leased or operated by the City.
B.
Other prohibitions. Notwithstanding any other provision of this chapter, any owner, operator, or other person who controls any establishment described in this chapter may declare that entire establishment to be a non-smoking establishment.
(Ord. 5801, 2017)
§ 9.20.030 Areas Where Smoking is Permitted.
A.
Areas where smoking is permitted. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
1.
Private residences, except when used as a child care, health care, board and care, or community foster care facility as those terms are defined by the state Health & Safety Code.
2.
Retail tobacco stores.
3.
Designated hotel and motel guest rooms provided that some of the guest rooms in such hotel or motel are designated and maintained as non-smoking rooms.
4.
Outdoor patio areas and outdoor dining areas of restaurants after 10:00 p.m.
5.
Outdoor patio areas and outdoor dining areas of bars.
6.
The teeing areas, fairways, rough, playing greens, hazard areas, and golf cart pathways connecting each hole of any City operated golf course. Smoking is prohibited in all other areas of any City operated golf course, including, but not limited to, the driving ranges, practice and teaching areas, practice green, clubhouses, restaurant and patios, pro shops, and parking lots.
(Ord. 5801, 2017)
§ 9.20.040 Hotel/Motel Sign Regulations.
Every hotel and motel shall have signs posted conspicuously in the registration and lobby areas which state that nonsmoking rooms are maintained and may be available; rooms designated as being nonsmoking shall have signs announcing such restriction conspicuously placed within each room.
(Ord. 5801, 2017)
§ 9.20.050 Enforcement.
A.
City enforcement. The City of Santa Barbara, in cooperation with the County Health Officer of the County of Santa Barbara, shall enforce and implement this chapter.
B.
Violations/penalties. Any person, business owner or proprietor, or employer of any business or establishment subject to the requirements of this chapter who violates any mandatory provision of this chapter shall be guilty of an infraction punishable in accordance with Chapter 1.28 of this code.
C.
Private right of legal action. Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter.
(Ord. 5801, 2017)
§ 9.20.060 Regulation of the Sale and Distribution of Tobacco Products.
A.
Posting of signs. Any person, business, tobacco retailer, or other establishment subject to this chapter shall post STAKE Act signs at the point of purchase of tobacco products, which are in compliance with signage specifications and state:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW AND SUBJECT TO PENALTIES. VALID IDENTIFICATION MAY BE REQUIRED, TO REPORT AN UNLAWFUL TOBACCO SALE, CALL 1-800-5ASK-4-ID. BUSINESS AND PROFESSIONS CODE SECTION 22952.
B.
Sales to minors. No person, business, tobacco retailer, or owner, manager, or operator of any establishment subject to this chapter shall sell, offer to sell, or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as 18 years or greater unless the seller has some reasonable basis for determining that the buyer is at least 18 years of age.
C.
Self-service sales of tobacco.
1.
Sale of Tobacco Products by the Pack. It is unlawful for any person, business, or tobacco retailer within the City to sell, offer for sale, or display for sale any tobacco product by means of a self-service display. All tobacco products (other than cartons of cigarettes, multi-container packages of smokeless tobacco and cigars and pipe tobacco displayed for sale pursuant to paragraph 2 below) shall be offered for sale exclusively by means of vendor/employee assistance.
2.
Sales of Cartons, Cigars, and Pipe Tobacco. Cartons of cigarettes, multi-container packages of smokeless tobacco and cigars and pipe tobacco may be sold by means of self-service merchandising displays only when such product displays are under the direct observation of a vendor/employee. Tobacco products shall be deemed to be under direct observation of a vendor/employee only if the tobacco products themselves (and not merely the racks, shelves, kiosks, etc., where the products are displayed) are in the plain and direct view of a store employee at all times.
D.
Tobacco vending machines.
1.
No person, business, tobacco retailer, or other establishment subject to this chapter shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance, or use of, on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. Any tobacco vending machine in use on the effective date of this chapter shall be removed within 30 days after the effective date of this chapter.
2.
This provision shall not apply to vending machines which are located in bars provided that such vending machines in bars must be located at least 25 feet from any entry into the bar.
E.
Out of package sales. No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.
(Ord. 4877, 1994; Ord. 4897, 1994; Ord. 4992, 1996; Ord. 5243, 2002; Ord. 5801, 2017)
§ 9.21.010 Findings.
The City Council of the City of Santa Barbara is reliably informed that:
A.
State law prohibits the sale or furnishing of cigarettes, tobacco products and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors.
B.
State law requires tobacco retailers to check the identification of tobacco purchasers who reasonably appear to be under 18 years of age and provides procedures for onsite sting inspections of tobacco retailers using persons under 18 years of age.
C.
The results of the 2000 California Youth Tobacco Purchase Survey demonstrate that 12.8% of retailers surveyed sold tobacco product to minors, however, the most recent local youth purchase survey showed youth buy rates of 38%.
D.
The California courts in such cases as Cohen v. City Council, 40 Cal.3d 277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal.App.4th 383 (1993), have affirmed the power of cities to regulate business activity in order to discourage violations of state law.
E.
The City has the power to regulate the operation of lawful businesses to avoid circumstances that facilitate violations of the state, federal, and local laws.
(Ord. 5260, 2002)
§ 9.21.020 Purpose.
It is the intent of the City Council, in enacting this chapter, to discourage violations of laws which prohibit or discourage sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by state or federal law are criminally proscribed.
(Ord. 5260, 2002)
§ 9.21.030 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
The City of Santa Barbara Business License Office.
The County Health Officer or his/her duly authorized designee.
Any natural person, partnership, cooperative association, private or public corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
The Chief of Police for the City of Santa Barbara or his/her duly authorized designee.
Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, smokeless tobacco, chewing tobacco, dipping tobacco, or any other preparation of tobacco, including Indian cigarettes called "bidis" which may be used for smoking, chewing, inhalation or other manner of ingestion.
Any person who sells, offers for sale, or offers to exchange for any form of consideration, tobacco, or tobacco products; "tobacco retailing" shall mean the doing of any of these things.
A license that permits the retail sale of tobacco products.
(Ord. 5260, 2002)
§ 9.21.040 Requirement for Tobacco Retailer License.
A.
It is unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer license pursuant to this chapter for each location at which that activity is to occur.
B.
No tobacco retailer license may be issued to authorize tobacco retailing at a location other than a fixed location.
C.
Tobacco retailer licenses are valid for one year and each tobacco retailer shall apply for renewal of the tobacco retailer license prior to its expiration.
(Ord. 5260, 2002)
§ 9.21.050 Application Procedure.
A.
A completed application and a copy of the completed application for a tobacco retailer license shall be submitted to the Licensing Agent in the name of the person proposing to conduct retail tobacco sales and shall be signed by such person or an authorized agent thereof. All applications shall be submitted on a form supplied by the Licensing Agent and shall contain the following information:
(Ord. 5260, 2002)
§ 9.21.060 Issuance of Tobacco Retailer License.
A.
Within 30 days of the Licensing Agent's receipt of an application for a tobacco retailer license, the Licensing Agent shall issue a tobacco retailer license, unless it has been determined by the Licensing Agent that the issuance of the tobacco retail license should be denied, based on the following criteria:
C.
The Licensing Agent shall keep a permanent record of all tobacco retail licenses issued, but may destroy such records as provided by law with the approval of the City Council.
(Ord. 5260, 2002)
§ 9.21.070 Display of Tobacco Retailer License.
Each tobacco retailer licensee shall prominently display the tobacco retailer license at each location where tobacco retailing occurs.
(Ord. 5260, 2002)
§ 9.21.080 Fees for Tobacco Retailer License.
A.
The fee for a tobacco retailer license shall be established by resolution of the City Council and shall be calculated so as to no more than recover the cost of the tobacco retailer license program. The fee for a tobacco retailer license shall be paid to the Licensing Agent.
B.
A tobacco retailer license shall be valid for a term of one year, commencing on January 1 and ending on December 31 of each year. If a tobacco retailer license is issued after January 1, the fee shall be prorated on a quarterly basis accordingly.
(Ord. 5260, 2002)
§ 9.21.090 Tobacco Retailer License Non-Transferable.
A.
A tobacco retailer license is nontransferable.
B.
In the event a person to whom a tobacco retailer license has been issued changes business location or sells the business referenced in that person's tobacco retailer license, that person must apply for a new tobacco retailer license prior to acting as a tobacco retailer at the new location. The transferee of the tobacco retailer license must apply for a tobacco retailer license in the transferee's name before acting as a tobacco retailer.
(Ord. 5260, 2002)
§ 9.21.100 Suspension of Tobacco Retailer License; Appeals.
A.
Grounds for suspension.
1.
A tobacco retailer license shall be suspended if the tobacco retailer licensee or his or her agent or employee has violated any state or local law governing the sale, advertisement or display of tobacco products, including, but not limited to,: Penal Code Section 308a, or Business and Professions Code Sections 22950 et. seq. (Stop Tobacco Access to Kids Enforcement Act "STAKE Act") or 22962, or Business and Professions Code 25612.5 (c)(7) based on information provided by the Police Department, Health Officer, or any other governmental agencies.
2.
The Police Chief shall provide notice of suspension to a tobacco retailer licensee by personal service or by certified mail, return receipt requested, addressed to the business where the tobacco retailer license was issued. The suspension shall be effective when notice is personally served or when the certified mail return receipt is returned.
B.
Suspension of license. If the Police Chief determines that there are grounds for suspension of a license, based upon information provided by the Health Officer, the Police Department, or any other governmental agencies, the following sanctions shall be imposed:
1.
Upon a first finding of a violation of any state or local law governing the sale, advertisement or display of tobacco products, by a tobacco retailer licensee or any agent or employee of a tobacco retailer licensee within any two year period, the tobacco retailer licensee shall receive a letter of warning.
2.
Upon the second finding of a violation of any state or local law governing the sale, advertisement or display of tobacco products, by a tobacco retailer licensee or by any agent or employee of a tobacco retailer licensee within any two year period, the tobacco retailer license shall be suspended for 30 days.
3.
Upon the third finding of a violation of any state or local law governing the sale, advertisement or display of tobacco products, by a tobacco retailer licensee or by any agent or employee of a tobacco retailer licensee within any two year period, the tobacco retailer license shall be suspended for 90 days.
4.
Upon a fourth or subsequent finding of a violation of any state or local law governing the sale, advertisement or display of tobacco products, by a tobacco retailer licensee or by any agent or employee of a tobacco retailer licensee within any two year period, the tobacco retailer license shall be suspended for 12 months.
C.
Reinstatement of tobacco retailer license. Upon the end of a suspension period and so long as there are no outstanding violations, the Licensing Agent may reinstate a tobacco retailer license.
(Ord. 5260, 2002)
§ 9.21.110 Administrative Fines; Penalties; Enforcement.
A.
Any violation of the provisions of this chapter by any person may be either an infraction or a misdemeanor. Any violation of the provisions of this chapter by any person is also subject to administrative fines as provided in Chapter 1.25.
B.
If the Police Chief finds, based on substantial record evidence that any unlicensed person has engaged in tobacco retailing activities in violation of Section 9.21.040 of this chapter, the City shall fine that person as follows:
Each day that an unlicensed person offers tobacco, tobacco products, or tobacco for sale or exchange shall constitute a separate violation and that person is subject to assessed fines in accordance with Chapter 1.25 of this code.
C.
Violations of this chapter are hereby declared to be public nuisances.
D.
In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 5260, 2002)
§ 9.21.120 Grace Period.
Any person who is selling tobacco products as of the effective date of this chapter shall obtain a tobacco retailer license within 30 days of the effective date of this chapter.
(Ord. 5260, 2002)
§ 9.25.010 Gambling Place Prohibited.
It is hereby declared unlawful for any person to keep, conduct, or maintain within the City, or knowingly to permit any house, room, apartment or place, owned by him or her or under his or her charge or control in the City, where any game not mentioned in Sections 330, 330a and 337a of the Penal Code of the State of California, including, but not limited to, draw poker, lowball poker, high-low split or panguinque, is played, conducted, dealt or carried on with cards, dice or other device, for money, checks, chips, credit or any other representative of value.
(Ord. 4094, 1981)
§ 9.25.020 Playing or Betting Prohibited.
It is hereby declared unlawful for any person to play or bet at or against any game not mentioned in Sections 330, 330a, and 337a of the Penal Code of the State of California, including, but not limited to, draw poker, lowball poker, high-low split or panguinque, which is played, conducted, dealt or carried on with cards, dice or other device, for money, checks, chips, credit or any other representative of value, at any place within the corporate limits of the City.
(Ord. 4094, 1981)
§ 9.25.030 Exceptions.
§ 9.26.010 Definitions.
For the purposes of this chapter, the following words and phrases are identified as follows:
A game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. Bingo includes a punch board which is defined as any card, board or other device which may be played or operated by pulling, pressing, punching out or otherwise removing any slip, tab, paper or other substance therefrom to disclose any concealed number, name or symbol.
(Ord. 3858, 1976; Ord. 4002 §1, 1979; Ord 4073, 1980; Ord. 4395, 1986)
§ 9.26.020 Bingo Permitted.
Organizations are hereby permitted to conduct bingo within the City of Santa Barbara provided that it is conducted in accordance with the limitations contained in Section 326.5 of the Penal Code.
(Ord. 3858, 1976; Ord. 4002 §1, 1979)
§ 9.30.010 Purpose.
It is the purpose of this chapter, among other things, to protect the health, safety and public welfare of the City of Santa Barbara by the reasonable regulation of ambulances in the City. The County of Santa Barbara, hereinafter referred to as "County," adopted Ordinance No. 2881 (Chapter 5 of the Santa Barbara County Code) on August 23, 1976, which provides for the regulation and licensing of ambulance service. Pursuant to said Ordinance, the County adopted the Emergency Medical Response Manual, hereinafter referred to as "EMRM." The City desires uniform regulation of ambulance service within both the City and County of Santa Barbara. The City further desires to adopt the provisions of County Ordinance No. 2881 and regulations adopted pursuant to said Ordinance and to transfer the licensing and regulation of ambulance service to the County.
(Ord. 3935 §1, 1978)
§ 9.30.020 Adoption and Applicability.
A.
Santa Barbara County Ordinance No. 2881 (Chapter 5 of the Santa Barbara County Code) and regulations promulgated pursuant thereto, which are on file with the City Clerk, are adopted by the City and shall apply within the territorial limits of the City. The City further requires that any licensee for ambulance service under this chapter supply adequate insurance and agree to hold harmless and indemnify the City, its officers or employees from any damages, claims, liabilities, costs, suits or other expenses resulting from its operations that have been licensed under this chapter.
B.
The City desires to adopt the EMRM and grant the County the authority to make amendments thereto. Any and all such amendments, as and when they occur, shall be effective within the City upon the date of receipt by the City Clerk of a certified copy of the amendment, but City can reject any such amendment if the City Council passes a resolution rejecting any such amendment within 30 days after receiving the aforementioned certified copy of any such amendment. Any such amendment shall be null and void in the City after such a rejecting resolution is approved.
(Ord. 3935 §1, 1978)
§ 9.30.030 Penalty.
Any violation of this chapter is declared to be a misdemeanor and any such violation shall be punishable by a fine not exceeding $500.00, or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Every day that any violation of this chapter shall continue shall constitute a separate offense.
(Ord. 3935 §1, 1978)
§ 9.32.010 Unlawful Areas to Play Golf.
It is unlawful for any person to play or practice golf on any public park or public place in the City except in areas specifically designated for such play or practice by the Parks Director.
(Ord. 3837, 1976)
§ 9.34.010 Guns - Air, Spring and Bow.
No person shall discharge upon any public street or in any public place in the City, any gun by means of which any missile is projected by means of a spring, bow or compressed air.
(Ord. 3763 §2, 1975)
§ 9.34.020 Discharge of Firearms - Authorization of City Council.
It is unlawful to discharge any firearm of any description in the City of Santa Barbara; provided, that this section shall not be construed to prohibit:
A.
Any Peace Officer or other person duly constituted and authorized by law to discharge a firearm when lawfully defending person or property; nor
B.
Any citizen to discharge a firearm within any building or structure expressly constructed for and commonly used as a rifle or pistol range; and provided further, that any person desiring to operate any mechanical amusement device, which in its operation involves the discharge of any firearm, shall apply to the City Council in writing for such authorization.
(Ord. 3763 §2, 1975)
§ 9.34.030 Unlawful Use of a Firearm - Destruction.
A.
A firearm of any nature used in violation of Section 9.34.020 is, upon a conviction of the defendant, or upon a plea of no contest or guilty to the violation, or upon voluntary payment of the bail or fine by the defendant without an appearance in court, or upon a juvenile court finding that the offense which would be a violation of Section 9.34.020 if committed by an adult was committed by a juvenile, a nuisance. A finding that the defendant was guilty of a violation of Section 9.34.020 but was insane at the time the offense was committed is a conviction for the purposes of this section.
(Ord. 4464, 1987; Ord. 4908, 1995)
§ 9.35.010 Purpose and Intent.
Gun violence, mass shootings, and firearm related injuries among young people have been rising in the United States. Studies suggest that more than half of Americans have experienced gun violence or know someone close to them who has experienced gun violence. Santa Barbara is no different. In 2020, Santa Barbara Unified School District reported an increased number of weapon related incidents on school campuses. Unsecured firearms at home have been shown to be correlated with a higher risk of both unintentional and intentional injury by firearm, especially among youth. Safely storing firearms in residences and vehicles will protect children and teens from accessing weapons and prevent injuries at home as well as protect public health and safety.
Recent growth of gun violence in the U.S. has disproportionately affected youth. In 2023, the Santa Barbara Youth Council named gun violence one of its top issues for youth. After hearing young people's concerns about gun violence in the community and at school at the Santa Barbara Youth Council: Youth Speak Out, the Youth Council voted to move forward with drafting a safe storage of firearms ordinance and proposing it to the Santa Barbara City Council.
This chapter is adopted by City Council upon recommendation of the Santa Barbara Youth Council to further the following:
A.
The protection of public health, safety, and general welfare.
B.
A reduction in the risk of self-inflicted firearm related injuries and unintentional firearm related injuries among children and teens.
(Ord. 6145, 3/12/2024)
§ 9.35.020 Definitions.
The following definitions apply to the interpretation of this chapter:
A firearm as defined in California Penal Code Section 16520, as amended from time to time. The term "firearm" does not include an antique permanently disabled firearm.
A locked container that is either: (1) a locked container, as defined in California Penal Code, Section 16850, and listed on the California Department of Justice Bureau of Firearms' roster of approved firearm safety devices; or (2) approved in writing by the California Department of Justice Bureau of Firearms as having the equivalent effect to other approved devices. For purposes of this chapter, a locked container does not include a bag or other container made of fabric or other penetrable material, such as a regular purse, backpack, or gym bag.
Any structure intended or used for human habitation, including, but not limited to, houses, condominiums, apartments, rooms, accessory dwelling units, motels, hotels, vacation rentals, recreational vehicles, and other vehicles where human habitation occurs. "Residence" also includes the curtilage of the residence.
A trigger lock that is either:
Listed on the California Department of Justice Bureau of Firearms' roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under Penal Code Section 23635.
Approved in writing by the California Department of Justice Bureau of Firearms as having equivalent effect to other approved devices and is the appropriate make and model for the firearm the lock will be used on.
A fully enclosed compartment that is separate from the main cabin of the vehicle.
A vehicle that has no person aged 18 or over present in the vehicle.
As defined by California Vehicle Code Section 415, any device that can propel, move, draw people or property on a highway.
(Ord. 6145, 3/12/2024)
§ 9.35.030 Safe Storage of Firearms in a Residence.
A.
It is unlawful for a person to keep a firearm in any residence unless the firearm is stored in a locked container and is disabled with a trigger lock, except:
B.
This section is intended to apply to all residences within the City of Santa Barbara. However, nothing in this section shall apply to peace officers.
(Ord. 6145, 3/12/2024)
§ 9.35.040 Safe Storage of Firearms in a Vehicle.
B.
It is unlawful for a person to leave a firearm in an unattended vehicle overnight.
C.
This section is not intended to conflict with any applicable State or Federal law.
D.
This section is intended to apply to all vehicles within the City of Santa Barbara. However, nothing in this section shall apply to peace officers or to Federal officers or military personnel who are acting within the scope of their authority and discharging their official duties.
(Ord. 6145, 3/12/2024)
§ 9.35.050 Reporting Theft or Loss to the Santa Barbara Police Department.
Nothing in this chapter affects a person's obligations under California Penal Code Section 25250 to report that a firearm has been lost or stolen to local authorities within five days at the time they knew or reasonably should have known that the firearm had been lost or stolen.
(Ord. 6145, 3/12/2024)
§ 9.35.060 Penalty.
§ 9.36.010 Definitions.
For the purposes of this chapter, the following words and phrases when used in this chapter shall have the meanings respectively ascribed to them by this section:
Retail and not wholesale business.
Entry of plea of guilty, or found guilty by court or jury.
Any gun, rifle, shotgun, pistol, revolver or any other device which projects a missile by an explosive type of ammunition, including, but not limited to, firearms capable of being concealed upon the person.
Any permit issued under and as provided in this chapter.
Any person issued a permit under the provisions of this chapter.
(Prior code §17.1; Ord. 3124 §1, 1966)
§ 9.36.020 Purpose of Chapter.
This chapter is an exercise of the Police power of the City for the protection of the safety, welfare, health, peace and morals of the peoples of this City, and to eliminate the evils of unregulated and unlawful selling at retail of firearms as a business.
(Prior code §17.6; Ord. 3124 §2, 1966)
§ 9.36.030 Enforcement.
The Tax and Permit Inspector and the Police Department are hereby designated the enforcing agencies of this chapter.
(Prior code §17.7; Ord. 3124 §3, 1966; Ord. 3763 §4, 1975)
§ 9.36.040 Certain Persons Not Permitted to Sell, Transfer, Etc.
No permittee under this chapter shall permit anyone, to whom the transfer of any firearm is prohibited, to sell, deliver, lease, rent or in any manner transfer any firearm.
(Prior code §17.8; Ord. 3124 §4, 1966)
§ 9.36.090 Delivery of Firearms to Minors Prohibited.
No person engaged in the business of selling or otherwise transferring firearms shall sell, deliver, lease, rent or in any manner transfer, furnish, give or cause to be sold, delivered, leased, rented, transferred, furnished or given any firearm to any person under the age of 18 years. Members of businessman's immediate family are excepted.
(Prior code §17.9)
§ 9.36.100 Criminal Prosecution for Violation of Section 9.36.090 - Admissible Evidence.
In any criminal prosecution or proceeding for violation of Section 9.36.090, proof that the defendant permittee, or his or her agent, demanded and was shown immediately prior to the sale or transfer of any firearm bona fide documentary evidence of sufficient age and identity shall be a defense to the prosecution. A bona fide identity card issued by a Federal, State, County or municipal government or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act or identification card issued to a member of the armed forces, shall be deemed to be documentary evidence for the purpose of this chapter.
(Prior code §17.10; Ord. 3124 §5, 1966)
§ 9.36.110 Refusal to Sell Without Bona Fide Evidence of Age.
A permittee under this chapter may refuse to sell, or otherwise transfer, a firearm to any person who is unable to produce bona fide documentary evidence that he or she has attained the age of 18 years.
(Prior code §17.11; Ord. 3124 §6, 1966)
§ 9.36.120 False Evidence of Age.
No person shall offer to any permittee under this chapter, his or her agent or employee, any documentary evidence of age or identity which is false, fraudulent or not actually his or her own for the purpose of procuring any firearm or ammunition therefor, the sale or other transfer of which would be prohibited under this chapter by the permittee.
(Prior code §17.12; Ord. 3124 §7, 1966)
§ 9.36.130 Sale of Ammunition to Certain Persons Prohibited - Exception.
No person, whether or not such person is engaged in the business of selling ammunition for firearms, shall sell ammunition for any firearm to any person to whom the sale or transfer of any firearm using such ammunition is prohibited under this chapter. Minors with written consent of their parent or legal guardian are excepted.
(Prior code §17.13)
§ 9.36.160 Dealings Without Permit Prohibited.
No person without holding a current permit as provided in this chapter shall engage in the business of selling or otherwise transferring or advertising for the sale of any firearms.
(Prior code §17.14; Ord. 3124 §9, 1966)
§ 9.36.170 Permit Application - Form - Approval.
An application for the permit required by the preceding section shall be made on a form obtainable from, and filed with, the Tax and Permit Inspector, together with the application fee required by Section 9.36.180. Applications shall be in the form prescribed by the Chief of Police and Tax and Permit Inspector. Each application shall be approved by the Chief of Police prior to issuance of a permit.
(Prior code §17.15; Ord. 3124 §9, 1966; Ord. 3763 §4, 1975)
§ 9.36.180 Permit Application - Fee.
An application fee of $25.00 is required to accompany each application required by Section 9.36.170 to cover the costs of investigation and processing. Such fee is not refundable in the event the permit required by this chapter is denied. The application fee is to be paid to the Tax and Permit Inspector of the City. Business establishments having more than one location shall be required to pay one application fee only for all locations.
(Prior code §17.16; Ord. 3124 §9, 1966)
§ 9.36.190 Permit Application - Issuance or Denial - Appeal.
An application for a permit required by this chapter shall be deemed approved, unless written notice is deposited in the regular course of mails within 60 days of the filing of the application in the Office of the Tax and Permit Inspector to the applicant, that the application is denied. In the event that an application is denied, the applicant may appeal to the City Council pursuant to the provisions of Section 1.30.050 of this code.
(Prior code §17.17; Ord. 3124 §9, 1966; Ord. 3763 §4, 1975; Ord. 5136, 1999)
§ 9.36.200 Issuance - Approval of Police Chief.
Upon approval of the application by the Chief of Police or upon approval as provided in Section 9.36.190, the Tax and Permit Inspector shall issue a permit; provided, that all applicable license fees have been paid by the applicant.
(Prior code §17.18; Ord. 3124 §9, 1966; Ord. 3763 §4, 1975)
§ 9.36.210 Duration - Grounds for Revocation.
Permits required by this chapter shall be effective for one year, and shall be subject to renewal annually upon application 30 days prior to date of expiration, and approval by the Chief of Police. A renewal fee of $10.00 shall be required with each such application. Any permit issued pursuant to this chapter may be revoked by the Tax and Permit Inspector upon recommendation of the Chief of Police for breach of any of the following conditions:
A.
The business shall be carried on only on premises designated in the permit;
B.
The permit or a copy of the permit, certified by the issuing authority, shall be displayed on the premises where it can easily be read;
C.
No pistol or revolver shall be delivered unless all of the following conditions are complied with:
D.
No pistol or revolver or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside;
E.
The happening of any event or the performance of any subsequent act which would render the permittee a person to whom a permit cannot be issued in the first instance;
F.
The misrepresentation of a material fact by any applicant in obtaining any permit.
(Prior code §17.19; Ord. 3124 §9, 1966; Ord. 3383 §1, 1969; Ord. 3763 §4, 1975)
§ 9.36.220 Persons to Whom Permits May Not be Issued.
In no event shall a permit required by this chapter be issued to any of the following persons:
A.
Persons who are prohibited from possessing firearms capable of being concealed upon the person under the provisions of Section 12021 of the State Penal Code;
B.
Anyone convicted of any violation of any provision of the law of the State dealing with the unlawful use of narcotic, hypnotic or dangerous drugs or under similar laws of the United States;
C.
Anyone not of good moral character;
D.
Anyone under the age of 21 years.
(Prior code §17.20; Ord. 3124 §9, 1966)
§ 9.36.230 Prior Revocations of Permit - Application.
Application for permits may not be made by any person who has had a permit revoked within three years of the date of the application, nor shall any application be made by any person if any other person whose permit has been revoked within three years has a financial interest in excess of 25% in the business for which the application is made.
(Prior code §17.21; Ord. 3124 §9, 1966)
§ 9.36.240 Permit Nontransferable.
No permit issued under the provisions of this chapter shall be transferable to any person. No person shall attempt or purport to effect such a transfer.
(Prior code §17.22; Ord. 3124 §9, 1966)
§ 9.36.250 Permit Suspension for Violation.
Upon any violation of Section 9.36.040, 9.36.090, or 9.36.130, the Tax and Permit Inspector upon recommendation of the Chief of Police may suspend any permit issued under this chapter, for a period of seven days upon the first violation and for 21 days upon a second violation. Upon any third or subsequent violation, the permit may be revoked.
(Prior code §17.23; Ord. 3124 §9, 1966)
§ 9.39.010 Definitions.
For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended.
Any person who, for pecuniary compensation:
Escorts, accompanies or consorts with other persons to, from or about social affairs, entertainments, places of public assembly or places of amusement located or situated within the City of Santa Barbara; or
Escorts, accompanies or consorts with other persons in or about any place or public or private resort or within any private quarters located or situated within the City of Santa Barbara; or
Escorts, accompanies or consorts with other persons in or about any business or commercial establishment, or part or portion thereof, located or situated within the City of Santa Barbara.
Any business, agency or self-employed or independent escort who, for pecuniary compensation, furnishes or offers to furnish escorts.
A service offered or performed by any person for pecuniary compensation, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes.
A any commission, fee, gratuity, hire, profit, reward, or any other form of consideration.
Any interest or share in the present or prospective profit of an escort bureau or introductory service.
(Ord. 4127, 1981)
§ 9.39.020 Escort Bureau and Introductory Service, Permit Required.
It is unlawful for any person to engage in, conduct or carry on, in or upon any premises or real property located or situated within the City of Santa Barbara, the activities of an escort bureau or introductory service, unless there has been granted to such person a valid permit, pursuant to the provisions of this chapter. A separate permit shall be required for each location within the City of Santa Barbara at which an escort bureau or introductory service is to be established.
(Ord. 4127, 1981)
§ 9.39.030 Permit Term.
The term of an Escort Bureau, Introductory Service or Escort Permit, unless sooner suspended or revoked, shall be for a period of one year.
(Ord. 4127, 1981)
§ 9.39.040 Permit Renewal.
An Escort Bureau, Introductory Service or Escort Permit, issued pursuant to the provisions of this chapter, which has not been suspended or revoked, may be renewed for a period of not to exceed one year on written application to the Police Chief made at least 90 days prior to the expiration date of the current valid permit.
(Ord. 4127, 1981)
§ 9.39.050 Exception.
The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to a person in the lawful business of an employment agency licensed under the laws of the State of California.
(Ord. 4127, 1981)
§ 9.39.060 Application for Escort Bureau or Introductory Service Permit; Contents; Renewals; Required Fees.
A.
Any person desiring to obtain a permit, or renew an existing permit, to operate an escort bureau or an introductory service, shall make application to the Police Chief or his or her designated representative. Prior to submitting such application for a permit or renewal of a permit, a nonrefundable fee shall be paid to the Finance Department. The Finance Department shall issue a receipt showing that such application or renewal fee has been paid. The receipt, or a copy thereof, shall be supplied to the Police Chief at the time such application is filed. Permit issuance or renewal fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code.
B.
Neither the filing of an application for a permit or renewal thereof, nor payment of an application or renewal fee, shall authorize the operation of an escort bureau or introductory service until such permit has been issued by the Police Chief.
C.
Each applicant for an Escort Bureau or Introductory Service Permit, or renewal thereof, shall furnish the following information:
1.
The present or proposed address where the business is to be conducted;
2.
The name under which the business will be conducted;
3.
Any other names used by the applicant;
4.
The present residence and business addresses and telephone numbers of the applicant;
5.
Each residence and business address of the applicant for the five year period immediately preceding the date of filing of the application and the inclusive dates of each such address;
6.
California driver's license or identification number and social security number of the applicant;
7.
Acceptable written proof that the applicant is at least 18 years of age;
8.
The applicant's height, weight, color of eyes and hair and date of birth;
9.
Two photographs of the applicant, at least two inches by two inches in size, taken within the six month period immediately preceding the date of the filing of the application;
10.
The business, occupation or employment history of the applicant for the three year period immediately preceding the date of the filing of the application;
11.
The permit history of the applicant, for the five year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state, or territory, has ever had any similar license or permit issued by such entity revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason or reasons therefor;
12.
All criminal convictions of the applicant, including ordinance violations but excepting minor traffic offenses, stating the date, place, nature and sentence of each such conviction;
13.
If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names, residence addresses, and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and date of birth of each of the partners, including limited partners and profit interest holders. If the applicant is a limited partnership, the applicant shall furnish a copy of the certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall also apply. The corporation or partnership applicant shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee will be charged;
14.
In the event the applicant is not the owner of record of the real property upon which the escort bureau or introductory service is or is to be located, the application must be accompanied by a notarized statement from the owner of record of the property acknowledging that an escort bureau or introductory service is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the escort bureau or introductory service is or will be located;
15.
A description of the service to be provided;
16.
The true name and residential address of all persons employed or intended to be employed as escorts;
17.
Such other identification and information as the Police Chief may reasonably require.
D.
The applicant, if an individual, or a designated responsible managing officer if the applicant is a partnership or corporation, shall personally appear at the Police Department of the City of Santa Barbara and produce proof that the required application or renewal fee has been paid and shall present the application containing the information and supporting documentation required by the Police Chief.
E.
The Police Chief may require the applicant, if an individual, or the designated responsible managing officer if the applicant is a partnership or corporation, to appear in person at the Police Department in order to be photographed and fingerprinted.
F.
When any change occurs regarding the written information submitted to the Police Chief pursuant to Section 9.39.060, the applicant or permit holder, as the case may be, shall give written notification of such change to the Police Chief within 24 hours after such change.
G.
The Police Chief, or his or her representative, shall, within 60 days after the date of the filing of the application, render a written decision, as to approval or denial of the application for the permit or renewal thereof.
H.
The Police Chief shall grant the permit, or renewal thereof, only if he or she finds that all of the following requirements have been met:
1.
The required fees have been paid;
2.
The application conforms in all respects to the provisions of this chapter;
3.
The applicant has not knowingly made a material misrepresentation of fact in the application;
4.
The applicant, if an individual; or any of the directors, officers, or stockholders holding more than five percent of the stock of the corporation; or any of the partners, including limited partners, the holder of any lien of any nature or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed escort bureau or introductory service; or an individual employed or contracted with to be an escort or to provide escort services; has not been convicted or found guilty in a court of competent jurisdiction by final judgment within the last five years of an offense involving:
5.
The escort bureau or introductory service, as proposed by the applicant, would comply with all applicable City of Santa Barbara, county and state laws, including, but not limited to, health, zoning, fire and safety requirements and standards; and
6.
The applicant, manager or other person principally in charge of the operation of the business is at least 18 years of age.
I.
If the Police Chief does not find that all of the requirements set forth in subsection H of this section have been met, he or she shall deny application for the permit or renewal thereof. In the event the application for the permit or renewal thereof is denied by the Police Chief, written notice of such denial shall be given to the applicant, specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served if in fact it is personally served on the applicant or when deposited in the United States mail with the postage prepaid and addressed to the applicant at an address set forth in the application for the permit or renewal thereof. Any applicant whose application for an Escort Bureau or Introductory Service Permit, or renewal thereof, has been denied by the Police Chief, may appeal such denial to the Board of Fire and Police Commissioners.
(Ord. 4127, 1981)
§ 9.39.070 Employment and Activities of Escorts.
A.
No holder of an Escort Bureau or Introductory Service Permit shall employ as an escort any person under 18 years of age.
B.
No holder of an Escort Bureau or Introductory Service Permit shall furnish any escort or introductory service to, or accept employment from any patron, customer or person to be escorted, who is under 18 years of age, except at the special instance and request of a parent, guardian or other person in lawful custody of the person upon whose behalf the escort or introductory service is engaged.
(Ord. 4127, 1981)
§ 9.39.080 Escorts, Permit Required.
It is unlawful for any person to act as an escort unless there has been provided to such person a valid permit, pursuant to the provisions of this chapter. Such permit shall be issued to the address of the employer of the escort, who must in turn also hold a valid Escort Bureau or Introductory Service Permit issued by the City of Santa Barbara pursuant to the provisions of this chapter.
(Ord. 4127, 1981)
§ 9.39.090 Permit Identification Card.
Each escort permit holder shall be issued an identification card which will also serve as an Escort Permit. The permit holder shall carry such card upon his or her person when acting as an escort and produce the same for inspection upon request. Each permit holder shall immediately surrender, to the Police Chief, any Escort Permit issued by the City of Santa Barbara upon the suspension, revocation, or expiration of such permit, or upon leaving employment as an escort.
(Ord. 4127, 1981)
§ 9.39.100 Escort Permit; Renewal Application.
A.
Any person desiring to obtain a permit, or renewal of an existing permit, to act as an escort, shall make application to the Police Chief or his or her designated representative. Prior to submitting such application for a permit or renewal of a permit, a nonrefundable fee shall be paid to the Finance Department. The Finance Department shall issue a receipt showing that such permit application or renewal fee has been paid. The receipt, or a copy thereof, shall be supplied to the Police Chief at the time such application is filed. Permit fees required under this chapter shall be in addition to any license, permit or fee required under any other section of this code.
B.
Neither the filing of an application for a permit, or renewal thereof, nor the payment of an application or renewal fee, shall authorize a person to act as an escort until such permit has been granted or renewed.
C.
Each applicant for an Escort Permit, or renewal thereof, shall furnish the information required by paragraphs C.1 through 12 of Section 9.39.060 and shall, in addition, furnish the following information:
1.
Satisfactory evidence that the applicant is employed, or has been offered employment, by an escort bureau or introductory service holding a valid permit issued by the City of Santa Barbara, including the name and address of the employer or prospective employer and the fact that such employment or continued employment is contingent upon the issuance of said permit; and
2.
Such other identification and information as the Police Chief may reasonably require.
D.
The Police Chief may require the applicant to appear in person at the Police Department in order to be photographed and fingerprinted.
E.
The Police Chief, or his or her representative, shall, within 60 days after the date of the filing of the application, render a written approval or denial of the application for the permit or renewal thereof.
F.
The Police Chief shall grant the permit, or renewal thereof, only if he or she finds that all of the requirements of paragraphs H.1 through 3 of Section 9.39.060 have been met, and, in addition, if he or she finds that the following additional requirements have been met:
1.
The applicant has not had an Escort Bureau, Introductory Service or Escort Permit or other similar license or permit denied or suspended or revoked for cause by the City of Santa Barbara or any other city or county located in or out of this state within the one year immediately preceding the date of the filing of the application;
2.
The applicant is at least 18 years of age;
3.
The applicant has not been convicted or found guilty in a court of competent jurisdiction by final judgment within the last five years of any offense referred to in Section 9.39.060.H.4.
G.
If the Police Chief does not find that all of the requirements set forth in subsection F above have been met, he or she shall deny the application for the permit or renewal thereof. In the event the application for the permit, or renewal thereof, is denied by the Police Chief, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at an address as set forth in the application for an Escort Permit, or renewal thereof. Any applicant whose application for an Escort Permit or renewal thereof has been denied by the Police Chief, may appeal such denial to the Board of Fire and Police Commissioners.
(Ord. 4127, 1981)
§ 9.39.110 Prohibited Activities.
No holder of an Escort Permit shall escort, offer to escort or perform any activity described in this chapter to any person under 18 years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person on whose behalf the escort or introductory service is engaged.
(Ord. 4127, 1981)
§ 9.39.120 Sale or Transfer.
Upon the sale or transfer of any interest in an escort bureau or introductory service, the permit shall immediately become null and void. A new application shall be made by any person, firm or entity desiring to own or operate the escort bureau or introductory service. A fee as established by resolution of City Council shall be payable for each such application. Any application involving the sale or other transfer of any interest in an existing escort bureau or introductory service, as well as any permit which may thereafter be granted, shall be subject to the provisions of this chapter.
(Ord. 4127, 1981)
§ 9.39.130 Change of Location or Name.
A.
A change of location of any premises or real property where a permitted escort bureau or introductory service is conducted may be approved by the Police Chief provided all requirements of this chapter and all ordinances and regulations of the City of Santa Barbara are complied with and a change of location fee as established by resolution of the City Council is deposited with the Finance Department. Application for such change shall be made within three days of such change.
B.
No permit holder shall operate an escort bureau or introductory service under any name or designation not specified in the permit.
(Ord. 4127, 1981)
§ 9.39.140 Records of Escort Transactions.
Every escort bureau and introductory service shall maintain a record of every transaction whereby any escort is employed or engaged, or whereby any introductions are arranged for on behalf of any patron, customer or person. Such record shall include the following information:
A.
The date and hour of the transaction;
B.
The name, address and telephone number of the patron, customer or person requesting or employing the escort bureau or introductory service; and
C.
The name of the escort furnished or other persons who were introduced or arranged to be introduced. Such records shall be made available to law enforcement officers, upon request, for inspection, review and copying.
(Ord. 4127, 1981)
§ 9.39.150 Suspension or Revocation of a Permit.
If the Police Chief finds that any person holding an Escort Bureau or Introductory Service Permit under the provisions of this chapter has violated any of the provisions of this chapter or conducts such business in such a manner as would have been grounds for denial of a permit as set forth in Section 9.39.060.H, or if the Police Chief finds that any person holding an Escort Permit is engaging in behavior or actions which violate any of the provisions of this chapter or which would have been grounds for denial of a permit as set forth in Section 9.39.100.F, he or she may suspend or revoke the permit. No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permittee at such permittee's address as set forth on the application for a permit or renewal thereof. If a timely appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the Board of Fire and Police Commissioners. Otherwise the suspension or revocation shall become effective after the appeal period has expired.
(Ord. 4127, 1981)
§ 9.39.160 Fees.
Fees for applications, permits and appeals under this chapter shall be established by resolution of the City Council. The fees for applications shall be established to defray, in part, the costs of investigations and reports required under this chapter.
(Ord. 4127, 1981)
§ 9.39.170 Appeal.
A.
Time to Appeal. Any written decision of the Police Chief under this chapter may be appealed to the Board of Fire and Police Commissioners, but such an appeal must be filed with the Clerk of the Board of Fire and Police Commissioners within 10 days after notice of the decision is personally delivered or mailed to the applicant or permittee and must be accompanied by an appeal fee.
B.
Notice. The applicant or permittee shall be given notice of a hearing at least 10 days prior to the hearing. Such notice shall be served when it is personally delivered to the applicant or permittee or it is deposited in the United States mail with postage prepaid and addressed to the applicant or permittee.
(Ord. 4127, 1981)
§ 9.40.010 Distributing Food and Drug Samples.
It is unlawful for any person within the limits of the City, to deposit, or cause to be deposited, upon the premises of another, without permission of the occupant, or upon any public street or place, any drug, nostrum or any article of food as a sample, or for the purpose of advertisement.
(Prior code §32.2)
§ 9.40.020 With Sound Equipment.
It is unlawful for any person whether acting as principal, agent, employee or otherwise, to operate, place, conduct or maintain upon or in any public street of and in the City, any advertising radio playing, phonograph playing, loudspeaker using, noise producing, music playing or carrying vehicle, van or wagon operated merely for advertising purposes.
(Prior code §32.3)
§ 9.43.010 Definitions.
For the purposes of this chapter, the following words and terms shall have the meanings indicated in this section, unless otherwise expressly stated or the context clearly indicates a different intention:
Any premises containing any combination of 20 or more amusement game machines whether or not said machines constitute the primary use or an accessory use of the premises.
Any reference to "arcade" in this chapter shall mean an amusement game arcade.
Amusement game arcade includes, but is not limited to, any premises which has 20 or more amusement game machines where access or admittance to the amusement game machine or machines is allowed, upon payment of money or any other thing representative of value, whether or not such money or other thing representative of value is inserted into the machine.
Any electronic or mechanical device which operates, or may be operated, through the exercise of skill or chance, as a game, contest, or for amusement, when such operation results from the payment or insertion of a coin, dollar bill or other thing representative of value, in any slot or receptacle attached to the device, or connected to the device or which provides access to the device.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
§ 9.43.020 Permit and Compliance Required.
A.
Permit required. It is unlawful for any person to use or permit the use of any building or portion thereof as an amusement game arcade unless an arcade permit has been issued pursuant to this chapter for the operation of that arcade and there is compliance with all conditions of that permit.
B.
Compliance. It is unlawful for a person to violate any provision of this chapter or any rules and regulations duly adopted pursuant thereto.
C.
The permits and fees required by this chapter shall be in addition to any other permits, licenses, fees, approvals or requirements of any other City or State law.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
§ 9.43.040 Requirements for Operation of Amusement Game Arcade.
A.
Minimum floor area requirements. No more than one amusement game machine shall be permitted in an arcade for every 20 square feet of floor area.
B.
Aisles required. The aisles in arcades shall be a minimum of five feet in width.
C.
Bicycle parking spaces required. Arcades shall be required to provide bicycle parking spaces as determined by the City Parking and Transportation Division and as described in administrative regulations for such parking adopted by the City Parking and Transportation Manager.
D.
Lighting. The lighting in the arcade shall be adequate so that all places in the interior of the arcade are easily visible.
E.
Visibility. All amusement game machines in an arcade shall be visible from a place on the first floor of the arcade that is within 15 feet of the main entrance of the arcade.
F.
Toilets. All arcades shall have adequate toilet facilities for use by their patrons.
G.
Adult supervision. An arcade shall be supervised by a manager who is at least 18 years old and is on the premises at all times the arcade is open for business. A sign with the name of this manager must be displayed in a conspicuous place near the main entrance of the arcade while the arcade is open for business so that the sign identifies the manager for the patrons of the arcade.
H.
Security plan. An arcade must comply with a security plan that has been approved by the Chief of Police.
I.
Persons under age of 16 years. Persons under the age of 16 years are not permitted in arcades during regular public school hours unless they are accompanied by their parent or guardian.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
§ 9.43.045 Awards and Prizes.
A.
It is unlawful for any person to pay any award in cash on the results of the operation of any amusement game machine.
B.
Nothing in this section shall prohibit the operation of an amusement game machine designed and manufactured for bona fide amusement purposes which may, by application of skill, entitle the player to immediate merchandise, replay of the game or device at no additional cost or receive a check, slug, token, ticket or other thing representative of value which may later be redeemed for merchandise.
C.
The value of merchandise made available to players shall not have a wholesale value greater than 15 times the value of one play.
D.
The number of redemption tickets or points required to obtain merchandise shall be clearly posted.
E.
The owner of any establishment where the operation of amusement game machines occurs is the responsible party and shall maintain compliance with this section.
(Ord. 4909, 1995)
§ 9.43.050 Permit, Application, Issuance.
A.
Filing with tax and permit inspector. A complete application for a permit to operate an arcade and any required fee shall be filed with the City Tax and Permit Inspector. If the application is not complete, the Tax and Permit Inspector shall return the application to the applicant and summarize in writing the inadequacies contained therein.
B.
Issuance required for operation and posting of notice of application. Neither the filing of an application nor the payment of any fee shall authorize the operation of any arcade.
C.
Posting of notice of application. Upon the acceptance of a completed application by the City, the City Tax and Permit Inspector shall provide a written notice to the applicant (in a form adopted by the City for such purposes) which notice shall be prominently posted on each street frontage of the building in which the proposed arcade is to be operated.
1.
The notice shall advise the public of its right to have the application determined by the Chief of Police pursuant to the procedural requirements of this section. Said notice shall be posted and maintained on the building frontage in a manner acceptable to the Tax and Permit Inspector for a period of not less than 14 days immediately after acceptance of the completed application.
2.
The notice shall state that any comments to be reviewed must be sent to the Chief of Police in writing.
D.
Required information. Each application for an arcade shall contain the following information:
1.
The names, addresses and telephone numbers of all owners of the arcade and all owners and lessees of the premises on which the arcade will be located.
2.
The present or proposed address where the arcade will be operated.
3.
The name under which the arcade will be operated.
4.
The zone in which the arcade will be operated.
5.
The number of amusement game machines for which the permit is sought.
6.
The square footage of the floor area of the premises in which the arcade will be located.
7.
A plan of the premises where the arcade will be located. This plan shall be drawn to scale and shall show:
8.
A proposed security plan.
9.
Necessary information, including business license information, for the business to which the arcade is accessory, if applicable.
10.
Such other information as the Police Chief may reasonably require.
E.
Review by departments.
1.
After receipt of a completed application, the Tax and Permit Inspector shall immediately submit the application to the Police, Community Development and Fire Departments and to the Parking and Transportation Division of the Public Works Department for a review of compliance with the applicable laws and regulations.
2.
The Director of Community Development shall advise the Police Chief if the proposed operation will or will not comply with all applicable laws and regulations pertaining to zoning, building, and any required design review.
3.
The Fire Marshal shall advise the Police Chief if the proposed operation will or will not comply with all applicable laws and regulations pertaining to fire safety.
4.
The Parking and Transportation Division shall advise the Police Chief if the applicant's plans for the required bicycle parking are satisfactory and, if not, what steps must be taken to provide the necessary bicycle parking.
F.
Action by police chief.
1.
Applications for an Amusement Game Arcade Permit shall be determined by the Police Chief.
2.
Within 30 days of the City's acceptance of a completed application for a proposed amusement game arcade, the Police Chief shall review the information received from the Director of Community Development, Fire Chief and the Parking and Transportation Division and shall make a decision for either (a) approval, (b) approval with restrictions or conditions, or (c) denial of the application.
3.
If the Police Chief determines that the application would comply with all applicable laws and regulations, he or she shall grant approval or approval with the necessary conditions. If the Police Chief does not approve the arcade permit, he or she shall give the applicant written notice of the reasons for denial. No permit shall be denied without specific written findings relating to concerns for the public health, welfare, and safety relating to the applicant or the proposed location and shall explain how such concerns have not been adequately addressed by the applicant.
4.
Any application not acted upon within 30 days of the acceptance of the completed application shall be deemed approved.
G.
Issuance of permit. After approval of a permit by the Chief of Police, the Tax and Permit Inspector shall issue an amusement game arcade permit if all necessary permits and licenses to conduct business have been issued and all necessary fees have been paid.
H.
Specific location and maximum number of amusement game machines. An arcade permit is only valid for the premises for which it was issued and is limited to the maximum number of amusement game machines set forth in the permit.
I.
Transfer prohibited. An amusement arcade permit cannot be assigned or transferred without the written approval of the Police Chief, but the Police Chief shall not unreasonably withhold such approval.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
§ 9.43.060 Appeals.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995; Ord. 5136, 1999)
§ 9.43.070 Modification of Requirements - Permittee's Request for Modification.
The Chief of Police is authorized to grant modifications of the requirements of this chapter for a specific arcade if he or she determines that the modification of those requirements would not be detrimental to the public peace, safety, or general welfare as it specifically relates to the applicant or the location of the arcade. Such modifications may contain conditions that are consistent with the above determinations.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
§ 9.43.080 Suspension and Revocation.
The Board of Fire and Police Commissioners shall have the authority to review any arcade permit to determine if the arcade has complied with all provisions of this chapter and any conditions of its permit. If, after written notice to the Permittee and a hearing thereon, the Board of Fire and Police Commissioners determines that the arcade Permittee has failed to so comply, the Board of Fire and Police Commissioners may suspend or revoke the arcade permit upon making specific findings with respect to the need for the suspension or revocation with regard to public health, and safety and welfare. The amusement game arcade permit holder may appeal such suspension or revocation to the City Council pursuant to the provisions of Section 1.30.050 of this code.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
§ 9.43.090 Fees.
Any fees for any permits, hearings or other matters related to this chapter may be established by resolution of the City Council.
(Ord. 4205, 1983; Ord. 4791, 1992)
§ 9.43.100 Rules and Regulations.
The Chief of Police may adopt rules and regulations for the implementation and interpretation of this chapter and such rules and regulations shall not be effective until approved by resolution of the City Council. Such regulations may include, but are not limited to, administrative procedures or an expedited review of license applications, administrative procedures prescribing when and under what circumstances a criminal background history check will be required of license applicants and may include regulations governing the hours of operation, noise and any required lighting at arcade locations.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
§ 9.44.010 Purpose and Intent.
It is the purpose and intent of this chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically-ill persons and provide access to cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to adult-use of cannabis for persons over the age of 21 as authorized by the Control, Tax & Regulate the Adult Use Cannabis Act ("AUMA" or "Proposition 64" passed by California voters in 2016), while imposing reasonable regulations on the use of land to protect the City's residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this chapter to regulate the cultivation, processing, manufacturing, testing, sale, delivery, distribution and transportation of medicinal and adult-use cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of Santa Barbara and to enforce rules and regulations consistent with state law. It is the further purpose of intent of this chapter to require all commercial cannabis businesses to obtain and renew annually a permit to operate within Santa Barbara. Nothing in this chapter is intended to authorize the possession, use, or provision of cannabis for purposes that violate state or federal law. The provisions of this chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City, and are in addition to any permits, licenses and approval required under state, county, or other law.
(Ord. 5813, 2017)
§ 9.44.020 Legal Authority.
Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of MAUCRSA, any subsequent state legislation and/or regulations regarding same, the City of Santa Barbara is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial medicinal and adult-use cannabis activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of Santa Barbara to all commercial cannabis activity.
(Ord. 5813, 2017)
§ 9.44.030 Commercial Cannabis Cultivation and Commercial Cannabis Activities Prohibited Unless Specifically Authorized by this chapter.
Except as specifically authorized in this chapter or Section 30.185.250, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution or transportation (other than as provided under California Business & Professions Code Section 26090(e)), of cannabis or cannabis products is expressly prohibited in the City of Santa Barbara.
(Ord. 5813, 2017)
§ 9.44.040 Compliance with Laws.
Nothing in this chapter shall be construed as authorizing any actions that violate federal, state, or local law with respect to the operation of a commercial cannabis business. It shall be the responsibility of the Permittees and Responsible Persons of a commercial cannabis business to ensure that a commercial cannabis business is, at all times, operating in a manner compliant with all applicable federal, state and local laws, including for as long as applicable, all state cannabis laws, any subsequently enacted state law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the commercial cannabis business permit.
(Ord. 5813, 2017)
§ 9.44.050 Definitions.
When used in this chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder, and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
A license issued by the State of California under MAUCRSA for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician's recommendations.
Applicant shall include any individual or entity applying for a permit under this chapter, including any officer, director, partner, or other duly authorized representative applying on behalf of an entity.
The certificate issued by the City's Treasury Division after payment of the business tax fee as set forth in Chapter 5.04 of the City of Santa Barbara Municipal Code.
All parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code.
Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or drug, as defined by Section 109925 of the Health and Safety Code.
Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
All areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site.
Has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.
The Chief of the Santa Barbara Police Department, or his/her designee.
The City of Santa Barbara, California.
City Administrator of the City of Santa Barbara, including his or her designee.
The City of Santa Barbara Municipal Code.
Activities that include the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, dispensing, or retail sale of cannabis and cannabis products as provided for in MAUCRSA.
Any business or operation which engages in medicinal or adult-use commercial cannabis activity.
The regulatory permit issued by the City of Santa Barbara pursuant to this chapter to a commercial cannabis business, which is required before any commercial cannabis activity may legally be conducted in the City. The initial permit and annual renewal of a commercial cannabis business permit is made expressly contingent upon the business' ongoing compliance with all requirements of state law, this chapter, the Santa Barbara Municipal Code, and any regulations adopted by the City governing the commercial cannabis activity at issue.
The Director of the City's Community Development Department, or his/her designee.
Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
A location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
A natural person 21 year of age; or, a natural person 18 years of age or older who possesses a physician's recommendation.
Day care center has the same meaning as in Section 1596.76 of the Health and Safety Code.
The mobile commercial transfer of cannabis or cannabis products to a customer. Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer.
Any activity involving the retail sale of cannabis or cannabis products from a retailer.
The procurement, sale, and transport of cannabis and cannabis products between licensees.
A person holding a valid commercial cannabis business permit for distribution issued by the City of Santa Barbara, and, a valid state license for distribution, required by state law to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a license manufacturer, for sale to a licensed retailer.
Cannabis product that is intended to be used, in whole or in part, for human consumption, and is not considered food. Edible cannabis product has the same meaning as Business and Professions Code Section 26001.
The Chief of the Santa Barbara Fire Department, or his/her designee.
Means the gross receipts of the preceding calendar year or part thereof or such other fiscal year approved by the administrator, and is defined as follows:
The total amount actually received or receivable from all sales; the total amount of compensation actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as part of or in connection with the sale of materials, goods, wares or merchandise; and gains realized from trading in stocks or bonds, interest discounts, rents, royalties, fees, commissions, dividends, however designated. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, including the fair market value of samples or withdrawals from inventory for personal use or consumption by the Permittee or any employee thereof, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded therefrom: | |
1. | Cash discounts allowed and taken on sales. |
2. | Credit allowed on property accepted as part of the purchase price and which property may later be sold, at which time the sales price shall be included as "gross receipts". |
3. | Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser (e.g. sales tax). |
4. | Any part of the sale price of property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts. |
5. | Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded. |
6. | Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the administrator with the names and addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages, or other payments retained by the agent or trustee. (This definition supplements and is in addition to the definitions found in any provision of the City's Code, including, without limitation, Section 5.42.090. In the event of any conflict between this section and Section 5.42.090 shall prevail.) |
A permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA and any subsequent State of California legislation regarding the same, to engage in commercial cannabis activity.
Any person holding a license issued by the State of California to conduct commercial cannabis business activities.
Living cannabis flowers and plants including seeds, immature plants, and vegetative stage plants.
Any person(s) designated by the commercial cannabis business to act as the representative or agent of the commercial cannabis business in managing day-to-day operations with corresponding liabilities and responsibilities, and/or the person in apparent charge of the premises where the commercial cannabis business is located. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct, supervise, or hire and dismiss employees, control hours of operations, create policy rules, or purchase supplies.
To compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
Raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application.
A licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products. A manufacturer may also be a person that infuses cannabis in its products but does not perform its own extraction.
A location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the City of Santa Barbara and, a valid state license as required for manufacturing of cannabis products.
Cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215) or the Medical Marijuana Program Act of 2003, found at Sections 11362.5 and 11362.71 et seq. of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a valid and current identification card issued by a California licensed physician's recommendation.
A license issued by the state of California under MAUCRSA for commercial cannabis activity involving medicinal cannabis.
Any of the following:
A person with an aggregate ownership interest of 10% or more in the person applying for a Santa Barbara commercial cannabis business permit, whether a partner, shareholder, member, or the like, unless the interest is solely a security, lien, or encumbrance.
The chief executive officer of a nonprofit or other entity.
A member of the board of directors of a nonprofit.
Any person to whom a current and valid City-issued commercial cannabis business permit has been issued.
Any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
The designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one Permittee.
The customer who is engaged in a transaction with a Permittee for purposes of obtaining cannabis or cannabis products.
All owners and operators of a commercial cannabis business, including the Permittee and all officers, directors, managers, or partners, and all persons with authority, including apparent authority, over the premises of the commercial cannabis business.
A commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale to customers at a fixed location, including an establishment that also offers delivery of cannabis and cannabis products as part of a retail sale, and where the operator holds a valid commercial cannabis business permit from the City of Santa Barbara authorizing the operation of a retailer, and a valid state license as required by state law to operate a retailer.
A commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale to customers, where the premises are closed to the public and sales are conducted exclusively by delivery, where a vehicle is used to convey the cannabis or cannabis products to the customer from a fixed location, and where the operator holds a valid commercial cannabis business permit from the City of Santa Barbara authorizing the operation of a retailer, and a valid state license as required by state law to operate a retailer.
Includes any transaction whereby, for any consideration or gross receipt, whether actual or intangible, title to cannabis or cannabis products are transferred from one person to another, the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, the providing of samples of cannabis and cannabis products to persons, and also includes the withdrawal for personal use or consumption of cannabis or cannabis products from inventory by the Permittee or any employee thereof, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
Laws of the State of California, which include California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program); California Health and Safety Code Sections 26000 through 26211 (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")); California Health and Safety Code Sections 26220 through 26231.2; the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted pursuant to MAUCRSA; and all other applicable laws of the State of California.
A laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
A product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.
The transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized by MAUCRSA which may be amended or repealed by any subsequent State of California legislation regarding the same.
The same meaning as in Section 11353.1 of the Health and Safety Code.
(Ord. 5813, 2017)
§ 9.44.060 Commercial Cannabis Business Permit Required to Engage in Commercial Cannabis Business.
No person may engage in any commercial cannabis business or in any commercial cannabis activity within the City of Santa Barbara including cultivation, manufacture, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person (1) has a valid commercial cannabis business permit from the City of Santa Barbara; (2) has a valid State of California Seller's Permit; and (3) is currently in compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis business and commercial cannabis activities, including the duty to obtain any required state licenses.
(Ord. 5813, 2017)
§ 9.44.070 Maximum Number and Type of Authorized Commercial Cannabis Businesses Permitted.
The number of each type of commercial cannabis business that shall be permitted to operate in the City shall be established by resolution of the City Council.
A.
This section is only intended to create a maximum number of commercial cannabis businesses that may be issued permits to operate in the City under each category. Nothing in this chapter creates a mandate that the City must issue any or all of the commercial cannabis business permits if it is determined that it is in the best interest of the City to not issue the maximum number, or any number of permits, or if the applicants do not meet the standards which are established in the application requirements or further amendments to the application process.
B.
Each year following the initial award of permits, if any, or at any time in the City Council's discretion, the City Council may reassess the number of commercial cannabis business permits which are authorized for issuance. The City Council, in its discretion, may determine by resolution that the number of commercial cannabis permits should stay the same, be reduced, or be expanded.
(Ord. 5813, 2017)
§ 9.44.080 Initial Application Procedure.
A.
The City Council will adopt by resolution the procedures to govern the application process, and the manner in which the decision will ultimately be made regarding the issuance of any commercial cannabis business permit(s), including objective review criteria ("Review Criteria"). The resolution will authorize the City Administrator, or his or her designee, to prepare the necessary forms, adopt any necessary rules to the application, regulations and processes, solicit applications, conduct initial evaluations of the applicants, and to ultimately issue commercial cannabis business permits.
B.
Any person seeking to obtain a commercial cannabis business permit shall submit a written application to the City, signed under penalty of perjury, using the form adopted by the City for that purpose. The application shall be accompanied by a non-refundable application fee established by resolution of the City Council, to defray the costs incurred by the City in the application process set forth in this chapter, and shall be commenced pursuant to the provisions of the City's Phase I and Phase II conditions set forth herein.
C.
As part of the application process, the applicant shall be required to obtain all required land use approvals from the City's Community Development Department, including a certification from the Community Development Director certifying that the business is a permitted use in the zone where it is located, and the proposed site meets all of the requirements of Title 30 of this code.
D.
As a condition precedent to the City's issuance of a commercial cannabis business permit pursuant to this chapter, any person intending to open and to operate a commercial cannabis business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. In the event the proposed location will be leased from another person, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this chapter and consents to the operation of the commercial cannabis business on the owner's property.
E.
Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes city authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every Applicant and Responsible Person of the Commercial Cannabis Business must submit fingerprints and other information deemed necessary by the Chief of Police for a background check by the Santa Barbara Police Department. No person shall be issued a permit to operate a Commercial Cannabis Business unless they have first cleared the background check, as determined by the Chief of Police, as required by this section. A fee for the cost of the background investigation, which shall be the actual cost to the City of Santa Barbara to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted.
F.
After the initial application review and background check, the City Administrator may make a final determination in accordance with this chapter.
(Ord. 5813, 2017)
§ 9.44.090 Permittee Selection Process.
A.
The applicants who are qualified under the Review Criteria, in each category of commercial cannabis business to be allowed in the City, will be reviewed by the City Administrator for a final determination to be made at a public hearing. An applicant who is deemed qualified is not guaranteed any particular result in the application process.
B.
Phase I applications for permitting of any commercial cannabis business shall be filed with the City Administrator's, or his or her designee's office, no later than March 30, 2018. Applications shall be on forms provided by the City and shall be accompanied by a nonrefundable permit application fee set by resolution. Applications received after March 30, 2018 shall be considered but not given priority. The Phase I application shall be signed by one or more Manager under penalty of perjury and shall set forth in writing:
1.
Identity of the Commercial Cannabis Business. A description of the statutory entity or business form that will serve as the legal structure for the collective or cooperative and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name statement. If a corporation, limited liability company, or a general or limited partnership is a stockholder owning more than 10% of the stock or membership interest of an applicant's commercial cannabis business, or is one or more of the partners in an applicant's commercial cannabis business, the applicant shall set forth the names and addresses of each of the partners, officers, directors, and stockholders of the corporation, limited liability company, or general or limited partnership.
2.
Management Information.
a.
The name, address, telephone number, title, and function(s) of each manager of the commercial cannabis business.
b.
For each manager, a legible copy of one valid government-issued form of photo identification, such as a state driver's license, a passport issued by the United States, or a permanent resident card.
3.
Applicant's Phone Number and Mailing Address. The phone number and address to which notice of action on the application and future correspondence is to be mailed.
C.
Prior to the City Administrator's consideration of a Commercial Cannabis Business permit applicant, a meeting will be held so that the public may comment on the proposed commercial cannabis businesses. At least 10 days prior to the public meeting, notice of the public meeting will be sent to all property owners and occupants located within 300 feet of the proposed business locations of each of the qualified applicants to be considered by the City Administrator, or his or her designee(s).
D.
Upon receiving a Phase I application for a commercial cannabis business permit, the City Administrator, or his or her designee(s), shall determine whether the application is complete. If the City Administrator determines that the application is incomplete or has been completed improperly, the City Administrator shall notify the applicant. The City Administrator may grant the applicant an extension of up to 10 days to complete the Phase I application. If the City Administrator determines that the Phase I application is complete and, on the face of the application is deemed qualified and acceptable by the City, the City shall notify the applicant of its selection of eligibility for Phase II of the City permit application for any commercial cannabis business.
E.
If the City Administrator notifies the applicant that it may continue to Phase II in the application process, the applicant shall, no later than May 31, 2018, file a Phase II application with the City Administrator's office that includes a list of each misdemeanor and/or felony conviction, if any, of the applicant and the manager(s), whether the conviction was by verdict, plea of guilty, or plea of nolo contendere.
F.
The City Administrator may either deny or approve the Phase II candidates, and may select the candidates in each category of the Commercial Cannabis Businesses to be awarded Commercial Cannabis Business permits. The City Administrator's decision as to the selection of the prevailing candidates shall be final.
G.
Issuance of a commercial cannabis business permit does not create a land use entitlement. Furthermore, no permit will be officially issued, and no applicant awarded a permit may begin operations, unless all of the state and local laws and regulations, including, but not limited to, the requirements of this code and of the permit, have been complied with, and a copy of the applicant's state issued commercial license has been provided to the City Administrator. Until a state license is available and obtained by the Permittee, all Permittees must comply with all provisions of the State Cannabis Laws.
H.
Notwithstanding anything in this chapter to the contrary, the City reserves the right to reject any or all applications if it determines it would be in the best interest of the City, taking into account the health, safety and welfare of the community. Applications may also be rejected for the following reasons:
1.
The Application is received after designated time and date;
2.
The Applicant has failed to submit a complete application, or the application is not organized in the required format;
3.
The Applicant has failed to pay the application fee as required by this chapter and by City Council resolution;
4.
The Applicant has made a false, misleading or fraudulent statement or omission of fact in the application or in the application process;
5.
Application contains excess or extraneous material not called for in the Application package;
6.
The Applicant, its Owner, Manager or a Responsible Person has, within the past three years, been sanctioned or fined for, enjoined from, or found guilty of or plead guilty or no contest to a charge of operating a commercial cannabis business or retailer in the state without the necessary permits and approvals from the applicable state and/or local jurisdictions;
7.
The Applicant, an Owner, or Manager has been convicted within the past 10 years of any of the offenses listed in Section 9.44.110.D; or
8.
The applicant is under 21 years of age.
I.
Applicants shall have no right to a commercial cannabis business permit until a permit is actually issued, and then only for the duration of the permit's term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the City Council may terminate or delay the program created under this chapter.
J.
If an application is denied, a new application may not be filed for one year from the date of the denial.
K.
Prior to operating a commercial cannabis business, each person awarded a commercial cannabis business permit shall be required to pay a permit fee established by resolution of the City Council, to cover the costs of administering the commercial cannabis business permit program created in this chapter.
(Ord. 5813, 2017)
§ 9.44.100 Expiration of Commercial Cannabis Business Permits.
Each commercial cannabis business permit issued pursuant to this chapter shall expire 12 months after the date of its issuance. Commercial cannabis business permits may be renewed as provided in Section 9.44.120.
(Ord. 5813, 2017)
§ 9.44.110 Revocation of Permits.
A.
Failure of a Permittee to comply with any requirement imposed by the provisions of this code (or successor provision or provisions) including any rule, regulation, condition or standard adopted pursuant to this chapter, or any term or condition imposed on the Commercial Cannabis Business permit, or any provision of state law, may be grounds for revocation of the permit.
B.
Revocation of a state license issued under MAUCRSA shall be grounds for revocation of a commercial cannabis business permit issued by the City.
C.
A permit may be revoked if the Permittee, its owner, manager or a responsible person has, within the past three years, been sanctioned or fined for, enjoined from, or found guilty of or plead guilty or no contest to a charge of operating a commercial cannabis business or retailer in the state without the necessary permits and approvals from the applicable state and/or local jurisdictions.
D.
Conviction within the past 10 years of the Permittee, its owner or manager, including a plea of guilty or no contest, to any the following offenses shall be grounds for revocation of a commercial cannabis business permit issued by the City:
3.
A felony involving fraud, deceit, or embezzlement.
4.
A felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
6.
A felony or misdemeanor involving the illegal possession for sale, manufacture, transportation, or cultivation of a controlled substance occurring after January 1, 2016.
E.
If the City Administrator determines that a ground for revocation of a commercial cannabis business permit exists, the City Administrator shall give notice of revocation by dated written notice to the Permittee.
F.
The City Administrator shall cause the Permittee to be served, either personally or by first class mail addressed to the address listed on the application, with a written notice to revoke a permit. This notice shall state the reasons for the action, the effective date of the decision, the right of the Permittee to appeal the decision to the City Council, and that the City Administrator's decision will be final if no written appeal is timely submitted to, and received by, the City, pursuant to the provisions in Section 9.44.140 of this chapter. This notice will be effective within 10 calendar days from the date of service of the notice. If an appeal is timely and properly filed in accordance with Section 9.44.140, then the effective date of the notice is stayed.
(Ord. 5813, 2017)
§ 9.44.120 Renewal Applications.
A.
An application for renewal of a commercial cannabis business permit shall be filed with the City Administrator's office at least 60 calendar days prior to the expiration date of the current permit.
B.
Any Permittee submitting an application less than 60 days before its expiration shall be required to pay a late renewal application fee, as established by resolution of the City Council. Any renewal application filed less than 30 days before its expiration may be rejected by the City on that basis alone.
C.
The renewal application shall contain all the information required for new applications.
D.
The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City to administer the program created under this chapter.
E.
An application for renewal of a commercial cannabis business permit may be denied if any of the following exists:
2.
The commercial cannabis business permit is suspended or revoked at the time of the application.
3.
The commercial cannabis business has not been in regular and continuous operation in the four months prior to the renewal application.
4.
The Permittee fails or is unable to renew its State of California license.
5.
If the Permittee has made a false, misleading or fraudulent statement or omission of fact in the renewal application.
F.
The City Administrator is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the City Administrator is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the City Administrator shall be handled pursuant to Section 9.44.140.
G.
If a renewal application is denied, a person may file a new application pursuant to this chapter no sooner than one year from the date of the rejection.
(Ord. 5813, 2017)
§ 9.44.130 Effect of State License Suspension, Revocation, or Termination.
A.
Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State license.
B.
Should the State of California, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the City of Santa Barbara.
C.
Permittee shall notify the City Administrator in writing within five days of suspension or revocation of a license issued by the State of California, or by any of its departments or divisions.
(Ord. 5813, 2017)
§ 9.44.140 Appeals.
A.
Notice of, and Time to, Appeal, and Effect of Timely Appeal.
1.
A Permittee of a commercial cannabis business may appeal any decision of the City Administrator, by filing with the City Clerk a written notice of appeal within 10 calendar days from the date of service of the notice issued by the City Administrator of his or her decision.
2.
The notice of appeal shall be in writing and signed by the person making the appeal ("appellant"), or his or her legal representative, and shall contain the following:
a.
Name, address, and telephone number of the appellant.
b.
Specify that the person is appealing from a specified decision, action, or a particular part thereof, made by the City Administrator.
c.
Include a true and correct copy of the notice issued by the City Administrator for which the appellant is appealing.
d.
State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council, or any appointed hearing officer, to understand the nature of the controversy, the basis of the appeal, and the relief requested.
e.
All documents or other evidence pertinent to the appeal that the appellant requests the City Council to consider at the hearing.
3.
Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the City Administrator. In this event, City Administrator's notice of revocation, nonrenewal, suspension and/or other action is final and binding.
4.
In the event a written notice of appeal is timely filed, the nonrenewal, suspension, revocation, or other action shall not become effective until a final decision has been rendered and issued by the City Council. If no appeal is timely filed in the event of a decision of nonrenewal, the commercial cannabis business permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision of suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written notice of appeal.
B.
Review by City Council; Appeal Hearing and Proceedings.
1.
All appellants shall, subject to filing a timely written notice of appeal, obtain review thereof before the City Council. The administrative appeal shall be scheduled no later than 60 calendar days, and no sooner than 21 calendar days, after receipt of a timely filed notice of appeal. The appellant(s) listed on the written notice of appeal shall be notified in writing of the date, time, and location of the hearing at least 10 calendar days before the date of the hearing ("notice of appeal hearing").
2.
All requests by an appellant to continue a hearing must be submitted to the City Clerk in writing no later than three business days before the date scheduled for the hearing. The City Council may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.
3.
The City Council shall preside over the hearing on appeal.
4.
At the date, time and location set forth in the notice of appeal hearing, the City Council shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted by these persons.
5.
The following rules shall apply at the appeal hearing:
a.
Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
b.
The City bears the burden of proof to establish the grounds for denial, nonrenewal, suspension or revocation by a preponderance of the evidence.
c.
The issuance of the City Administrator's notice constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation, and City or County personnel who significantly took part in the investigation, which contributed to the City Administrator issuing a notice of decision, may be required to participate in the appeal hearing.
d.
Each party shall have the right to introduce evidence, to present and examine witnesses, and to cross-examine opposing witnesses who have testified under direct examination. The City Council may also call witnesses, and examine any person who introduces evidence or testifies at any hearing.
e.
The City Council may accept and consider late evidence not submitted initially with the notice of appeal upon a showing by the appellant of good cause. The City Council shall determine whether a particular fact or facts amount to good cause on a case-by-case basis.
f.
The appellant may bring a language interpreter to the hearing at his or her sole expense.
g.
The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording.
6.
If the appellant, or his or her legal representative, fails to appear at the appeal hearing, the City Council may cancel the appeal hearing and send a notice thereof to the appellant by first class mail to the address(es) stated on the notice of appeal. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the City Administrator's notice of decision is final and binding.
C.
Decision of City Council or Appointed Hearing Officer.
1.
Following the conclusion of the appeal hearing, the City Council shall determine if any ground exists for the nonrenewal, suspension or revocation of a commercial cannabis business permit or other action. If the City Council determines that no grounds for denial, nonrenewal, suspension, revocation, or other action exist, the City Administrator's notice of decision shall be deemed cancelled. If the City Council determines that one or more of the reasons or grounds enumerated in the notice of decision exists, a written final decision shall be issued by the City Clerk within 10 days, which shall at minimum contain the following:
2.
The decision of the City Council is final and conclusive. The written final decision shall also contain the following statement: "The decision of the City Council [or appointed hearing officer], is final and binding. Judicial review of this decision is subject to Chapter 1.30 of the Code."
3.
A copy of the final decision shall be served by first class mail on the appellant. If the appellant is not the owner of the real property in which the commercial cannabis business is located, or proposed to be located, a copy of the Final Decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed Final Decision shall not invalidate any action or proceeding by the City pursuant to this chapter.
(Ord. 5813, 2017)
§ 9.44.150 Commercial Cannabis Business Permit - Nonassignable and Nontransferable.
A.
A commercial cannabis business permit issued under this chapter is valid only as to the Permittee and approved location, and is therefore nontransferable to other persons, projects or locations.
B.
No commercial cannabis business permit may be sold, transferred or assigned by a Permittee, or by operation of law, to any other person, persons, or entities. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void, except as set forth in this chapter.
(Ord. 5813, 2017)
§ 9.44.160 Change in Location of Commercial Cannabis Business.
No Permittee shall change the location of the commercial cannabis business specified in the commercial cannabis business permit until any such change of location is approved by the City Administrator. Within 90 days of the effective date of this chapter, the City Administrator shall adopt a process (to include any necessary forms and procedures) for the relocation of commercial cannabis businesses that includes the following:
A.
The Permittee shall submit a change of location application to the City at least 60 days prior to the proposed change.
B.
The proposed location shall meet all the requirements under this code, including, but not limited to, this chapter and Title 30.
C.
The proposed location shall be reviewed and evaluated using review criteria as referenced in Section 9.44.090.
D.
The relocation of a Permittee's commercial cannabis business shall be subject to the prior review and approval by the City Administrator at a public meeting.
E.
No later than 10 days prior to the public meeting, notice of the proposed location for the relocation of any commercial cannabis business will be sent to all property owners and occupants located within 300 feet of the proposed premises.
(Ord. 5813, 2017)
§ 9.44.170 Changes in Ownership of Commercial Cannabis Business.
A.
No Permittee shall transfer ownership or control of a commercial cannabis business unless and until the proposed new owner submits all required application materials and pays all applicable fees, and independently meets the requirements of this chapter such as to be entitled to the issuance of an original commercial cannabis business permit issued by the City Council.
B.
A substantial change in the ownership of a Permittee business entity (changes that result in a change of 51% or more of the original ownership), must be approved by the City Administrator after completion of the application process under this chapter, including evaluation under the Review Criteria referenced in Section 9.44.090.
C.
No Permittee may avail themselves of the provisions of this section if the City Administrator has notified the Permittee that the commercial cannabis business permit has been or may be suspended, revoked, or not renewed.
D.
Failure to comply with this section is grounds for revocation of a commercial cannabis business permit.
E.
Any attempt to transfer a commercial cannabis business permit either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit.
(Ord. 5813, 2017)
§ 9.44.180 Change in Ownership when the Permittee is a Partnership or Corporation.
A.
One or more proposed partners in a partnership granted a commercial cannabis business permit may make application to the City Administrator, together with the fee established by the City Council, to amend the original application, providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. If the Permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the commercial cannabis business permit, upon notification to the City Administrator, shall be placed in the name of the surviving partners.
B.
If the commercial cannabis business permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to stockholders who have been named on the application. If 51% or more of any stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void; provided, however, the proposed stock purchaser transferee may submit to the City Administrator, together with the fee established by the City Council, an application to amend the original application providing all information as required for stockholders in the first instance under this chapter, and, upon approval thereof, the transfer may then occur.
C.
All proposed changes in ownership, with the exception of transfers occurring due to death of a partner or stockholder as described in this section, must be submitted to the City 30 calendar days prior to the change, along with any proposed organizational documents reflecting said changes. If the change in ownership is approved by the City Administrator all organizational documents must be submitted the City Administrator within 30 calendar days of being executed, or if applicable, filed with the Secretary of State.
(Ord. 5813, 2017)
§ 9.44.190 Changes in Information on Application or Alterations To Approved Facility.
A.
The Permittee shall advise the City Administrator within 15 calendar days of all changes of name or designation under which the business is to be conducted. The change of name or designation shall be accompanied by a nonrefundable fee established by resolution of the City Council to defray the costs of reissuance of the commercial cannabis business permit.
B.
No Permittee shall operate, conduct, manage, engage in, or carry on the business of a commercial cannabis business under any name other than the name of the commercial cannabis business specified in the permit.
C.
All required City approvals, plan approvals, and permits must be obtained before causing, allowing, or permitting alterations to, and/or extensions or expansions of, the existing building(s), structure(s), or portions thereof, approved as a location for a commercial cannabis business. Said alterations, extensions, or expansions shall comply with all applicable laws, regulations and standards, including those concerning building safety and occupancy.
D.
Within 15 calendar days of any other change in the information provided in the application form or any change in status of compliance with the provisions of this chapter, the Permittee shall notify the City on a form approved by the City Administrator for review along with a permit amendment fee, as adopted by Resolution of the City Council.
(Ord. 5813, 2017)
§ 9.44.200 City Business Tax Certificate.
Prior to commencing operations, a Permittee of a commercial cannabis business shall obtain a City of Santa Barbara business tax certificate.
(Ord. 5813, 2017)
§ 9.44.210 Permits and Inspections Prior to Commencing Operations.
Prior to commencing operations, a commercial cannabis business shall be subject to a mandatory inspection of the premises, and must obtain all required building permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. The Permittee shall also obtain all required Building Safety Division approvals, Fire Department approvals, Health Department approvals and any other permit or approval required by this code or applicable law.
(Ord. 5813, 2017)
§ 9.44.220 Limitations on City's Liability.
To the fullest extent permitted by law, the City of Santa Barbara shall not assume any liability whatsoever with respect to having issued a commercial cannabis business permit pursuant to this chapter or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any commercial cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit:
A.
They must execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold harmless the City of Santa Barbara, and its officers, officials, employees, representatives, and agents from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance of the commercial cannabis business permit, the City's decision to approve the operation of the commercial cannabis business or activity, to process used by the City in making its decision, or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents.
B.
Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City's Risk Manager.
C.
Reimburse the City of Santa Barbara for all costs and expenses including, but not limited to, attorney fees and costs and court costs which the City of Santa Barbara may be required to pay as a result of any legal challenge related to the City's approval of the applicant's commercial cannabis business permit, or related to the City's approval of the applicant's commercial cannabis activity. The City of Santa Barbara may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.
(Ord. 5813, 2017)
§ 9.44.230 Records and Recordkeeping.
A.
Each owner and operator of a commercial cannabis business shall maintain an accurate and complete set of books, records, and other information sufficient to allow the City, readily available within an electronic or printed format available for onsite or offsite review, sufficient to allow the City to determine the correct amount of value or correct amount of any tax, license, permit, or fee administered by the City, or other records or information as may be necessary for the proper administration of any matters under the jurisdiction of the City. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this chapter), or at any time upon reasonable request of the City, each commercial cannabis business shall file a sworn statement detailing the commercial cannabis business' revenue and number of sales during the previous 12-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross receipts for each month, and all applicable taxes paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business' operations conducted by an independent certified public accountant, or agent of the City. Each Permittee shall be subject to a regulatory compliance review and financial audit, as determined by the City Administrator or his or her designee.
B.
Each owner and operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this subsection shall be provided to the City Administrator upon a reasonable request.
C.
All records collected by a Permittee pursuant to this chapter shall be maintained for a minimum of seven years and shall be made available by the Permittee to the agents, designees, or employees of the City of Santa Barbara upon request, except that private medical records shall be made available only pursuant to a properly executed search warrant, subpoena, or court order, if applicable.
D.
All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing, production, dispensing, manufacturing, laboratory testing, and distribution processes until purchase as set forth MAUCRSA.
E.
Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPAA) regulations, each commercial cannabis business shall allow City of Santa Barbara officials, or its agents or designees, to have access to the business's books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities as defined herein above, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than 24 hours after receipt of the City's request, and shall not include or be coupled with in any manner, records which would be the subject of any such books, records, accounts, or any other relevant data or documents to any restrictions under HIPAA, unless otherwise stipulated by the City. The City may require the materials to be submitted in an electronic format that is compatible with the City's software and hardware.
(Ord. 5813, 2017)
§ 9.44.240 Security Measures.
A.
All permitted commercial cannabis businesses shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the Chief of Police, these security measures shall include, but shall not be limited to, all of the following:
1.
Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis business.
2.
Establishing limited access areas accessible only to authorized commercial cannabis business personnel.
3.
Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
4.
Installing 24-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. The commercial cannabis business shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the Chief of Police, and that it is compatible with the City's software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the Chief of Police upon request. Video recordings shall be maintained for a minimum of 60 days, and shall be made available to the Chief of Police upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business.
5.
Sensors shall be installed to detect entry and exit from all secure areas.
6.
Panic buttons shall be installed in all commercial cannabis businesses.
7.
Having a professionally installed, maintained, and monitored alarm system.
8.
Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building.
9.
Security personnel shall be on site during regular business hours, and the Police Chief may require additional security as warranted. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services and shall be subject to the prior review and approval of the Chief of Police, with such approval not to be unreasonably withheld.
10.
Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
B.
Each commercial cannabis business shall identify a designated security representative/liaison to the City of Santa Barbara, who shall be reasonably available to meet with the Chief of Police regarding any security related measures and/or operational issues.
C.
As part of the application and permitting process, each commercial cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency.
D.
The commercial cannabis business shall cooperate with the City whenever the City Administrator makes a request, upon reasonable notice to the commercial cannabis business, to inspect or audit the effectiveness of any security plan or of any other requirement of this chapter.
E.
A commercial cannabis business shall notify the Chief of Police within 24 hours after discovering any of the following:
1.
Significant discrepancies identified during inventory. The level of significance shall be determined by the security regulations promulgated by the Chief of Police.
2.
Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.
3.
The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the commercial cannabis business.
4.
Any other breach of security.
(Ord. 5813, 2017)
§ 9.44.250 Restriction on Alcohol & Tobacco Sales.
No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco products on or about the premises of a commercial cannabis business.
(Ord. 5813, 2017)
§ 9.44.260 Fees and Charges.
A.
No person may commence or continue any commercial cannabis activity in the City without timely paying in full all fees and charges required for the operation of a commercial cannabis activity. Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the City Council which may be amended from time to time.
B.
All commercial cannabis businesses authorized to operate under this chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with the City with respect to any reasonable request to audit the commercial cannabis business' books and records for the purpose of verifying compliance with this section, including, but not limited to, a verification of the amount of taxes required to be paid during any period.
(Ord. 5813, 2017)
§ 9.44.270 Operating Requirements Applicable to all Commercial Cannabis Businesses.
A.
No commercial cannabis business shall be located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time of issuance of a commercial cannabis business permit from the City. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school or other protected business to the closest property line of the lot on which the commercial cannabis business is located, without regard to intervening structures.
B.
Commercial cannabis businesses may operate only during the hours established by Resolution of the City Council and specified in the commercial cannabis business permit issued by the City.
C.
Cannabis shall not be consumed by anyone on the premises of any commercial cannabis business.
D.
No cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.
E.
Each commercial cannabis business shall have in place an electronic point-of-sale software system, which provides and includes inventory tracking and management capabilities, and shall be utilized to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight, purchase price, mark-up percentages, and gross receipts derived from the wholesale or retail sale thereof) and other information which may be deemed necessary by the City. The commercial cannabis business shall ensure that such information is compatible with the City's recordkeeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Administrator prior to being used by the Permittee.
F.
All cannabis and cannabis products sold, tested, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with State and local regulations.
G.
No physician shall be permitted in any commercial cannabis business at any time for the purpose of evaluating patients for the issuance of a medicinal cannabis recommendation or medicinal cannabis identification card where applicable.
H.
All commercial cannabis retailers shall have a manager on the premises at all times during hours of operation.
I.
Each commercial cannabis business shall provide the City Administrator with the name, telephone number (both land line and mobile, if available) of an on-site manager or owner to whom emergency notice may be provided at any hour of the day.
J.
Signage and Notices.
1.
In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of state law and the Santa Barbara Municipal Code, including, but not limited to, the requirements for a City sign permit.
2.
The premises of each commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.
K.
Persons under the age of 21 years shall not be allowed on the premises of a commercial cannabis business, and shall not be allowed to serve as a driver for a mobile delivery service, except as provided for below in Section 9.44.180 pertaining to sales of cannabis for medicinal use. It is unlawful and a violation of this chapter to employ any person at a commercial cannabis business who is not at least 21 years of age.
L.
Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or around the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the Community Development Director determine is a more effective method or technology:
1.
An exhaust air filtration system with odor control that prevents internal odors from being emitted externally.
2.
An air system that creates negative air pressure between the commercial cannabis business's interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
M.
The original copy of the commercial cannabis business permit issued by the City pursuant to this chapter and the City issued business tax certificate shall be posted inside the commercial cannabis business in a location readily visible to the public.
N.
The Permittee of a commercial cannabis business shall prohibit loitering by persons outside on the premises.
O.
Prior to the operation of a commercial cannabis business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits and approvals from the relevant City department or division which may be applicable to the zoning district in which such commercial cannabis business intends to establish and to operate.
P.
Nothing in this chapter exempts a commercial cannabis business from complying with all applicable local, state and federal laws and regulations pertaining to persons with disabilities.
Q.
No commercial cannabis business may discriminate or exclude patrons in violation of local, state and federal laws and regulations.
(Ord. 5813, 2017)
§ 9.44.280 Operating Requirements for Storefront Retail Facilities.
A.
No commercial cannabis retailer offering storefront purchase shall be located within 1000 feet from another commercial cannabis storefront retailer. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of one commercial cannabis storefront retailer to the closest property line of the lot on which another commercial cannabis business is located without regard to intervening structures.
B.
Prior to dispensing medicinal cannabis or medicinal cannabis products to any person, the commercial medicinal cannabis business shall obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient, and shall maintain a copy of the physician recommendation or Identification Card as described in Health and Safety Code Sections 11362.71 through 11362.77, as may be amended from time to time, on site for period of not less than seven years.
C.
Storefront retailers also providing delivery shall comply with the requirements pertaining to deliveries in Section 9.44.290 of this chapter.
D.
Commercial cannabis retailers selling medicinal cannabis shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of 18 years and that the potential customer has a valid doctor's recommendation. Adult use retailers shall verify the age of all customers to ensure persons under the age of 21 are not permitted on the premises. Entrances into the retailer shall be locked at all times with entry strictly controlled. A "buzz-in" electronic/mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception/lobby area.
E.
Retailers may have only that quantity of cannabis and cannabis products reasonably anticipated to meet the daily demand readily available for sale on-site in the retail sales area of the retailer.
F.
All restroom facilities shall remain locked and under the control of management.
G.
A cannabis storefront retailer may not sell, give away, or donate specific devices, contrivances, instruments, or paraphernalia necessary for consuming cannabis or cannabis products, including, but not limited to, rolling papers and related tools, pipes, water pipes, and vaporizers.
H.
A cannabis storefront retailer shall notify qualified patients, primary caregivers, and customers of the following verbally (or by written agreement) and by posting of a notice or notices conspicuously within the permitted premises:
1.
"The sale or diversion of cannabis or cannabis products without a permit issued by the City of Santa Barbara is a violation of State law and the Santa Barbara Municipal Code."
2.
"Secondary sale, barter, or distribution of cannabis or cannabis products purchased from [Insert Name of Licensee] is a crime and can lead to arrest."
3.
"Patrons must immediately leave the commercial cannabis business and not consume cannabis or cannabis products in public view or in any place not lawfully permitted. Staff shall monitor the location and vicinity to ensure compliance."
4.
"Commercial cannabis businesses shall post viewable, written warnings that the use of cannabis or cannabis products may impair a person's ability to drive a motor vehicle or operate heavy machinery."
5.
"CALIFORNIA PROP. 65 WARNING: Smoking of cannabis and cannabis-derived products will expose you and those in your immediate vicinity to cannabis smoke. Cannabis smoke is known by the State of California to cause cancer."
(Ord. 5813, 2017)
§ 9.44.290 Operating Requirements for Delivery-Only Retailers.
A.
Delivery-Only Retailers may only deliver to customers within a city or county that does not expressly prohibit delivery by ordinance.
B.
Security plans developed pursuant to this chapter shall include provisions relating to vehicle security and the protection of employees and product during loading and in transit.
C.
A Delivery-Only Retailer shall facilitate the vehicle dispensing of cannabis or cannabis products with a technology platform owned by or licensed to the Delivery-Only Retailer that uses point-of-sale technology to track, and database technology to record and store the following information for each transaction involving the exchange of cannabis or cannabis products between the Permittee and qualified patient, primary caregiver, or customer:
1.
The identity of the individual dispensing cannabis or cannabis products on behalf of the licensee;
2.
The identity of the qualified patient, primary caregiver, or customer receiving cannabis or cannabis products from the licensee;
3.
The type and quantity of cannabis or cannabis products dispensed and received;
4.
The gross receipts charged by the licensee and received by the individual dispensing cannabis or cannabis products on behalf of the licensee for the cannabis or cannabis products dispensed and received; and
5.
The location or address where the sale or retail sale took place or closed.
D.
A Permittee shall maintain a database and provide a list of the individuals and vehicles authorized to conduct vehicle dispensing, and a copy of the valid California driver's license issued to the driver of any such vehicle on behalf of the Permittee to the Chief of Police.
E.
Individuals authorized to conduct deliveries on behalf of the Permittee shall have a valid California Driver's License and be a minimum of 21 years of age or older.
F.
Individuals making deliveries of cannabis or cannabis products on behalf of the Permittee shall maintain a physical copy of the delivery request (and/or invoice) and shall make it available upon the request of agents or employees of the City of Santa Barbara requesting documentation.
G.
During delivery, a copy of the Permittee's Commercial Cannabis Business Permit shall be in the vehicle at all times, and the driver shall make it available upon the request of agents or employees of the City of Santa Barbara requesting documentation.
H.
A Permittee shall only permit or allow delivery of cannabis or cannabis products in a vehicle that is (1) insured at or above the legal requirement in California; (2) capable of securing (locking) the cannabis or cannabis products during transportation; (3) capable of being temperature controlled if perishable cannabis or cannabis products is being transported; and (4) does not display advertising or symbols visible from the exterior of the vehicle that suggest the vehicle is used for cannabis delivery or affiliated with a cannabis retailer.
I.
A Delivery-Only Retailer shall facilitate deliveries with a technology platform owned by or licensed to the Delivery-Only Retailer that uses Global Positioning System technology to track, and database technology to record and store the following information:
1.
The time that the individual conducting vehicle dispensing on behalf of the Delivery-Only Retailer departed the licensed premises.
2.
The time that the individual conducting vehicle dispensing on behalf of the Delivery-Only Retailer completed vehicle dispensing to the qualified patient, primary caregiver, or customer.
3.
The time that the individual conducting vehicle dispensing on behalf of the Delivery-Only Retailer returned to the licensed premises.
4.
The route the individual conducting vehicle dispensing on behalf of the Delivery-Only Retailer traveled between departing and returning to the licensed premises to conduct vehicle dispensing.
5.
For each individual vehicle dispensing transaction, the identity of the individual conducting deliveries on behalf of the Delivery-Only Retailer licensee.
6.
For each individual delivery transaction, the vehicle used to conduct vehicle dispensing on behalf of the Delivery-Only Retailer licensee.
7.
For each individual vehicle dispensing transaction, the identity of the qualified patient, primary caregiver, or customer receiving cannabis or cannabis products from the Delivery-Only Retailer.
8.
For each individual vehicle dispensing transaction, the type and quantity of cannabis or cannabis products dispensed and received.
9.
For each individual vehicle dispensing transaction, the gross receipts charged by the Delivery-Only Retailer and received by the individual conducting deliveries on behalf of the Delivery-Only Retailer for the cannabis or cannabis products dispensed and received.
J.
The individual making deliveries on behalf of the Delivery-Only Retailer shall personally verify for each individual vehicle dispensing transaction (1) the identity of the qualified patient, primary caregiver, or customer receiving cannabis or cannabis products from the Delivery-Only Retailer; and (2) the validity of the qualified patient's recommendation from a physician to use cannabis for medical purposes or primary caregiver's status as a primary caregiver for the particular qualified patient, and shall maintain a copy of the physician recommendation or Identification Card, as described in Health and Safety Code Sections 11362.71 through 11362.77, as may be amended from time to time, at its permitted business location for period of not less than seven years.
(Ord. 5813, 2017)
§ 9.44.300 Operating Requirements for Cultivation Facilities.
A.
Outdoor Cultivation Prohibited. The cultivation of all cannabis must occur indoors, and outdoor cultivation is prohibited.
B.
From a public right-of-way, there should be no exterior evidence of cannabis cultivation except for any signage authorized by this code.
C.
The general public is not permitted on the cannabis cultivation licensed premises except for the agents, applicants, managers, employees, and volunteers of the cannabis cultivation Permittee and agents or employees of the City of Santa Barbara.
D.
A Permittee shall only be allowed to cultivate the square feet of canopy space permitted by state law and in the permit issued for the premises.
E.
Cannabis cultivation shall be conducted in accordance with state and local laws related to electricity, water usage, water quality, discharges, and similar matters.
F.
A cannabis cultivation Permittee shall comply with all applicable federal, state and local laws and regulations regarding use and disposal of pesticides and fertilizers.
G.
Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.
H.
The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, neighboring properties, and the end users of the cannabis being cultivated; to protect the environment from harm to waterways, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
I.
Prior to transportation, a cannabis cultivation licensee shall package and seal all cannabis or cannabis products in tamper-evident packaging and use a unique identifier, such as a batch and lot number or bar code, to identify and track the cannabis or cannabis products.
J.
All applicants for a commercial cannabis business permit pertaining to cannabis cultivation shall submit the following in addition to the information generally otherwise required for a commercial cannabis business permit:
1.
A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel; a description of the cultivation activities and schedule of activities during each month of growing and harvesting; or an explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.
2.
A description of a legal water source, irrigation plan, and projected water use.
3.
Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes.
4.
Plan for addressing odor and other public nuisances that may derive from the cultivation site.
(Ord. 5813, 2017)
§ 9.44.310 Operating Requirements for Cannabis Manufacturing Businesses.
A.
From a public right-of-way, there should be no exterior evidence of cannabis manufacturing except for any signage authorized by this chapter.
B.
The general public is not permitted on the cannabis manufacturing premises except for the agents, applicants, managers, employees, and volunteers of the cannabis manufacturing licensee and agents or employees of the City of Santa Barbara.
C.
All cannabis manufacturing shall comply with the standards set by state law.
D.
Any compressed gases used in the manufacturing process shall not be stored on any property within the City of Santa Barbara in containers that exceed the amount which is approved by the Fire Chief and authorized by the commercial cannabis business permit. Each site or parcel subject to a commercial cannabis business permit shall be limited to a total number of tanks as authorized by the Fire Chief on the property at any time.
E.
Cannabis manufacturing facilities may use the hydrocarbons N-butane, isobutane, propane, or heptane or other solvents or gases exhibiting low to minimal potential human-related toxicity approved by the Fire Chief. These solvents must be of at least 99% purity and any extraction process must use them in a professional grade, closed loop extraction system designed to recover the solvents and work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.
F.
If an extraction process uses a professional grade closed loop CO₂ gas extraction system, every vessel must be certified by the manufacturer for its safe use. Closed loop systems for compressed gas extraction must be commercially manufactured and bear a permanently affixed and visible serial number.
G.
Certification from an engineer licensed by the State of California must be provided to the Fire Chief for a professional grade closed loop system used by any commercial cannabis manufacturer to certify that the system was commercially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including, but not limited to,:
H.
The certification document must contain the signature and stamp of the professional engineer and serial number of the extraction unit being certified.
I.
Professional closed loop systems, other equipment used, the extraction operation, and all related facilities must be approved for their use by the Fire Chief and meet any required fire, safety, and building code requirements specified in the California Building and Fire Codes, as adopted by the City.
J.
Cannabis Manufacturing Facilities may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.
K.
Cannabis Manufacturing Facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.
L.
Cannabis Manufacturing Facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace.
M.
Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets, and handle and store the solvents and gases safely.
N.
Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested.
(Ord. 5813, 2017)
§ 9.44.320 Operating Requirements for Cannabis Distribution.
A.
From a public right-of-way, there should be no exterior evidence of Cannabis Distribution except for any signage authorized by this chapter.
B.
Operational Requirements.
1.
The general public is not permitted on the Cannabis Distribution licensed premises except for the agents, applicants, managers, employees, and volunteers of the Cannabis Distribution licensee and agents or employees of the City of Santa Barbara.
2.
A Cannabis Distribution licensee shall only procure, sell, or transport cannabis or cannabis products that are packaged and sealed in tamper-evident packaging using unique identifiers, such as batch and lot numbers or bar codes, to identify and track the cannabis or cannabis products.
3.
A Cannabis Distribution licensee shall maintain a database and provide a list of the individuals and vehicles authorized to conduct transportation on behalf of the Cannabis Distribution licensee to the City.
4.
Individuals authorized to conduct transportation on behalf of the Cannabis Distribution licensee shall have a valid California Driver's License.
5.
Individuals transporting cannabis or cannabis products on behalf of the Cannabis Distribution licensee shall maintain a physical copy of the transportation request (and/or invoice) and shall make it available upon request of agents or employees of the City of Santa Barbara requesting documentation.
6.
During transportation, the individual conducting transportation on behalf of the Cannabis Distribution licensee shall maintain a copy of the Cannabis Distribution licensee's Commercial Cannabis Business Permit and shall make it available upon the request of agents or employees of the City of Santa Barbara requesting documentation.
7.
A Cannabis Distribution licensee facility shall only transport cannabis or cannabis products in a vehicle that is (i) insured at or above the legal requirement in California, (ii) capable of securing (locking) the cannabis or cannabis products during transportation, and (iii) capable of being temperature controlled if perishable cannabis products are being transported.
(Ord. 5813, 2017)
§ 9.44.330 Operating Requirements for Cannabis Testing.
A.
Cannabis Testing shall take place within an enclosed locked structure.
B.
From a public right-of-way, there should be no exterior evidence of Cannabis Testing except for any signage authorized by this chapter.
C.
All Cannabis Testing shall be performed in accordance with state law.
D.
A Cannabis Testing Permittee shall adopt a standard operating procedure using methods consistent with general requirements established by the International Organization for Standardization, specifically ISO/IEC 17025, to test cannabis or cannabis products, and shall operate in compliance with state law at all times.
E.
A Cannabis Testing Permittee shall be accredited by a body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement.
F.
A Cannabis Testing Permittee shall establish standard operating procedures that provide for adequate chain of custody controls for samples transferred to the testing laboratory for testing.
G.
A Cannabis Testing Permittee shall destroy the remains of samples of any cannabis or cannabis product upon completion of analyses. Destruction shall be done in a manner compliant with state law.
(Ord. 5813, 2017)
§ 9.44.340 Promulgation of Regulations, Standards and Other Legal Duties.
A.
In addition to any regulations adopted by the City Council, the City Administrator is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis business permits, the ongoing operation of commercial cannabis businesses and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this chapter.
B.
Regulations shall be published on the City's website and maintained and available to the public in the Office of the City Clerk.
C.
Regulations promulgated by the City Administrator shall become effective upon date of publication. Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including, but not limited to, any rules, regulations or standards adopted by the City Administrator.
(Ord. 5813, 2017)
§ 9.44.350 Community Relations.
A.
Each commercial cannabis business shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. Each commercial cannabis business shall also provide the above information to all businesses and residences located within 100 feet of the commercial cannabis business.
B.
During the first year of operation pursuant to this chapter, the owner, manager, and community relations representative from each commercial cannabis business holding a permit issued pursuant to this chapter shall, if requested by the City Administrator, attend a quarterly meeting with the City Administrator and other interested parties as deemed appropriate by the City Administrator, to discuss costs, benefits, and other community issues arising as a result of implementation of this chapter. After the first year of operation, the owner, manager, and community relations representative from each such commercial cannabis business shall meet with the City Administrator when and as requested by the City Administrator.
(Ord. 5813, 2017)
§ 9.44.360 Fees Deemed Debt to City of Santa Barbara.
The amount of any fee, cost or charge imposed pursuant to this chapter shall be deemed a debt to the City of Santa Barbara that is recoverable in any manner authorized by this code, state law, or in any court of competent jurisdiction.
(Ord. 5813, 2017)
§ 9.44.370 Responsibility for Violations.
Permittees and their Responsible Persons and Managers shall be responsible for violations of the laws of the State of California or of the City of Santa Barbara Municipal Code, whether committed by the Permittee, or any employee or agent of the Permittee, which violations occur on the premises of the commercial cannabis business whether or not said violations occur within the permit holder's presence. Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the Permittee for purposes of determining whether the permit shall be revoked, suspended, or not renewed.
(Ord. 5813, 2017)
§ 9.44.380 Inspections.
A.
The City Administrator, Chief of Police, Fire Marshal or City personnel charged with enforcing the provisions of the Santa Barbara Municipal Code may enter the location of a commercial cannabis business at any time during regular business hours, without notice, and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this chapter or under applicable provisions of State law.
B.
It is unlawful for any person having responsibility over the operation of a commercial cannabis business, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law.
(Ord. 5813, 2017)
§ 9.44.390 Violations and Penalties.
A.
Any person who violates any provision of this chapter shall be subject to the penalties set forth in Chapter 1.28 of the municipal code.
B.
It is unlawful for any Permittee of a commercial cannabis business, or its Responsible Person, Manager or any other responsible person employed by or working in concert with them or on their behalf, whether directly or indirectly, to continue to operate, conduct, or maintain a commercial cannabis business after the City-issued commercial cannabis business permit has been suspended or revoked, or not renewed, pursuant to a non-contested notice of decision issued by the City Administrator, or after the issuance of a Final Order after an appeal hearing.
C.
Any commercial cannabis business operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal action, commence an administrative or civil action(s) or proceeding(s), for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief to abate or remove such commercial cannabis business and restrain and enjoin any person from operating, conducting or maintaining a commercial cannabis business contrary to the provisions of this chapter.
D.
Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.
E.
Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
F.
The penalties set forth herein are cumulative and in addition to all other remedies, violations, and penalties set forth in this chapter, the City's Code, or in any other ordinance, laws, rules or regulations of the City, County, or the State of California.
(Ord. 5813, 2017)
§ 9.44.400 (Reserved)
(Ord. 5813, 2017)
§ 9.44.410 Effect on Other Ordinances.
With the exception of medical marijuana storefront commercial cannabis business permits issued pursuant to Section 30.185.250 of this code, the provisions of this chapter shall control regulation of commercial cannabis businesses as defined herein if other provisions of the code conflict therewith. This chapter shall not, however, relieve any person of his or her duty to comply with such laws if additional obligations, duties, or prohibitions are imposed thereby.
(Ord. 5813, 2017)
§ 9.45.010 Definition, Exemption.
A.
As used in this chapter, "drug paraphernalia" means all equipment, products, and materials of any kind which are intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. "Drug paraphernalia" includes, but is not limited to, all of the following:
1.
Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
2.
Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
3.
Isomerization devices intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
4.
Testing equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances.
5.
Scales and balances intended for use or designed for use in weighing or measuring controlled substances.
6.
Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended for use or designed for use in cutting controlled substances.
7.
Separation gins and sifters intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
8.
Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding controlled substances.
9.
Capsules, balloons, envelopes, and other containers intended for use or designed for use in packaging small quantities of controlled substances.
10.
Containers and other objects intended for use or designed for use in storing or concealing controlled substances.
11.
Hypodermic syringes, needles, and other objects intended for use or designed for use in parenterally injecting controlled substances into the human body.
12.
Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
a.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
b.
Water pipes.
c.
Carburetion tubes and devices.
d.
Smoking and carburetion masks.
e.
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand.
f.
Miniature cocaine spoons, and cocaine vials.
g.
Chamber pipes.
h.
Carburetor pipes.
i.
Electric pipes.
j.
Air-driven pipes.
k.
Chillums.
l.
Bongs.
m.
Ice pipes or chillers.
B.
Exemption. This chapter shall not apply to any of the following:
1.
Any pharmacist or other authorized person who sells or furnishes drug paraphernalia described in paragraph A.11 of this section upon the prescription of a physician, dentist, podiatrist or veterinarian.
2.
Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes drug paraphernalia described in paragraph A.11 of this section to his or her patients.
3.
Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia described paragraph A.11 of this section.
(Ord. 4083, 1980)
§ 9.45.020 Prohibition.
A.
Minors. No owner, manager, proprietor or other person in charge of any room or place of business selling, or displaying drug paraphernalia shall allow or permit any person under the age of 18 years to be, remain in, enter or visit such room or place.
B.
Minors - Excluded. A person under the age of 18 years shall not be, remain in, enter or visit any room or enclosure in any place used for sale, or display of drug paraphernalia.
C.
Sale and Display Rooms. A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell, drug paraphernalia unless within a separate room or enclosure to which persons under the age of 18 years are excluded, nor shall drug paraphernalia or any other contents in such separate rooms or enclosures be visible from outside such rooms or enclosures. Each entrance to such a room shall be sign posted in reasonably visible and legible words to the effect that persons under the age of 18 years are not permitted in such room or enclosure.
(Ord. 4083, 1980)
§ 9.45.030 Violation, Nuisance.
A.
Business License. A violation of this chapter or California Health and Safety Code Sections 11364.5, 11364.7(a) or 11364.7(b) is not punishable under Sections 1.28.010, 1.28.020 and 1.28.030 of this code, but shall be grounds for revocation or non-renewal of any license, permit or other entitlement for the privilege of doing business that was issued by the City and shall be grounds for denial of any future license, permit or other entitlement authorizing the conduct of such business.
B.
Nuisance. The violation of a provision of this chapter or California Health and Safety Code Sections 11364.5, 11364.7(a) or 11364.7(b) is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State of California. This remedy is in addition to any other remedy or relief provided by this code or other law.
(Ord. 4083, 1980; Ord. 4218, 1983)
§ 9.45.040 Relevant Evidence.
A.
Evidence. In determining whether an object is drug paraphernalia, a court, the Board of Fire and Police Commissioners or other authority may consider, in addition to all other logically relevant factors, the following:
1.
Statements by an owner or by anyone in control of the object concerning its use.
2.
Prior convictions, if any, of any owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.
3.
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.
4.
Instructions, oral or written, provided with the object concerning its use.
5.
Descriptive materials, accompanying the object which explain or depict its use.
6.
National and local advertising concerning its use.
7.
The manner in which the object is displayed for sale.
8.
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
9.
The existence and scope of legitimate uses for the object in the community.
10.
Expert testimony concerning its use.
B.
Standard of Proof. The degree of proof under this chapter shall be the preponderance-of-the-evidence standard.
(Ord. 4083, 1980)
§ 9.45.050 Revocation of Business License, Permit or Other Entitlement.
A.
Notice of Violation. An officer of the City authorized to enforce this chapter by the City Administrator who finds any person or business within the City of Santa Barbara operating in violation of this chapter or California Health and Safety Code Sections 11364.5 or 11364.7 shall deliver a notice to the owner, manager, proprietor or other person in apparent charge or control of any such business clearly specifying the nature of the violation and demanding that said business immediately cease and desist from violating the provisions of this chapter or Health and Safety Code Sections 11364.5 or 11364.7. After 24 hours have elapsed after the delivery of the above notice, the City Administrator or his or her delegate is authorized to issue a second notice if the same or similar violations continue.
B.
Revocation. If any person or business receives two notices referred to in Section 9.45.050.A within a period of 18 months, the City Administrator or his or her delegate shall schedule a revocation hearing before the Board of Fire and Police Commissioners requesting the revocation of a permit, license or other entitlement to conduct such business.
C.
Notice of Hearing. At least 10 days prior to the hearing requesting the revocation of the permit, license or other entitlement to conduct business, the City Administrator or his or her delegate shall give written notice to the permittee or licensee of business. Said notice shall give the time, date and place of the hearing and specify the grounds for revocation. The permittee or licensee shall be entitled to review any documentary or physical evidence that will be introduced at the hearing if such a request is made in a timely manner before the hearing.
D.
Conduct of Hearing. The Board of Fire and Police Commissioners shall establish the rules for hearings conducted under this chapter.
E.
Evidence. The following evidentiary rules shall apply to hearings conducted under this chapter:
1.
Oral evidence shall be taken only under oath.
2.
Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If the permittee or licensee does not testify in his or her own behalf, he or she may be called and examined as if under cross-examination.
3.
The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.
F.
Decision and Findings. The Board of Fire and Police Commissioners shall make findings relating to its decision on a revocation or denial of a permit, license or other entitlement to conduct business.
G.
Revocation. If the Board of Fire and Police Commissioners makes a finding that the permittee or licensee has violated the provisions of this chapter or Health and Safety Code Sections 11364.5 or 11364.7, the permit, license or other entitlement shall be revoked for 60 days and the permittee or licensee shall not be issued another such permit, license or entitlement by the City during that period of revocation. If a person or business has such a permit, license or entitlement revoked for a second time within two years, the period of the second revocation shall be six months.
H.
Denial of Permit. The denial of a permit, license or other entitlement under this chapter shall be appealable to the Board of Fire and Police Commissioners.
I.
Final Decision. The decision and findings under this chapter of the Board of Fire and Police Commissioners are final.
(Ord. 4083, 1980; Ord. 4218, 1983)
§ 9.48.010 Commercial Use of City Streets.
A.
General Prohibition. It is unlawful for any person to occupy any public street, public parking lot, public street furniture, public building, public park, public right-of-way, or public sidewalk in the City for the purpose of selling, vending, offering in exchange for donations, offering for sale, or soliciting or receiving orders for the sale of any product or service, unless otherwise authorized under this Code. "Occupy" means to remain in a single location or use or place any equipment, facility, or structure for the purpose of selling, vending, offering in exchange donations, offering for sale, or soliciting or receiving orders for the sale of any product or service.
B.
Authorizations Under This Code. For reference, authorizations under this Code that are exempt from the general prohibition under subsection A of this section include:
C.
Activity Subject to Issuance of a Permit Under This Section. Notwithstanding subsection A of this section, an individual or an organization may, upon the issuance of a permit by the Director of Public Works, in accordance with the requirements of this chapter and the administrative regulations adopted pursuant hereto, use a public street or sidewalk in the City for the following limited purposes:
1.
Sidewalk Sales. A retail business licensed to do business at a location within the City may conduct a sale of merchandise on a City sidewalk under the following conditions:
a.
The sale occurs only on a public sidewalk immediately adjacent to the retail business; and
b.
The retail business does not conduct such sidewalk sales for more than a total of 10 days for each calendar year; provided, however, that those businesses within a two-block radius of a construction project which impacts pedestrian or vehicular access to the City block within which the business is located for a period exceeding 14 consecutive days may be allowed up to 20 days for sidewalk sales during the year in which the construction project is undertaken.
2.
Farmers' Markets. An individual or an organization may use a public street or City parking lot for the purpose of conducting a certified farmers' market (as defined and provided for in Title 3, Chapter 3 of the California Code of Regulations) under the following conditions:
a.
The merchandise offered for sale at the farmers' market is allowed to be sold at a certified farmers' market;
b.
The use of the street or public parking lot is authorized by and pursuant to a written license agreement between the City and the market sponsor, which license agreement limits the market to a specified day or days of the week and to certain limited hours; and
c.
The vendors of merchandise at the farmers' market are authorized to conduct such sales by the organization sponsoring the Market and entering into the license agreement with the City.
(Prior code §32.23; Ord. 3852, 1976; Ord. 3880, 1976; Ord. 4751, 1992; Ord. 4843, 1993; Ord. 5236, 2002; Ord. 5350, 2005; Ord. 5688, 2015; Ord. 6142, 2/6/2024)
§ 9.48.020 Additional Regulations.
A.
Any person occupying any public street, public parking lot, public street furniture, public building, public park, public right-of-way, or public sidewalk in the City for the purpose of selling, vending, offering in exchange for donations, offering for sale, or soliciting or receiving orders for the sale of any goods, wares or merchandise product or service must possess a valid California driver's license or identification card, or other form of government issued picture identification card and present such identification upon request by any City employee responsible for enforcement of law.
B.
Any person violating subsection A of Section 9.48.010 of this Code must immediately remove any equipment, facility, or structure upon order by a City peace officer or Code enforcement employee. If the person fails to immediately remove an item as ordered, the City employee may remove and impound the item. At the time of impoundment, the City employee shall issue a receipt to the person using the item that includes the date and time of the impoundment, a description of the item seized, and instructions on how to reclaim it. The person may recover the item impounded within 60 days after the removal if he or she pays to the City the actual cost of such removal and storage. In the event that the actual costs may not be readily determined, reasonable costs shall be set by the Public Works Director. If the item is not reclaimed within 60 days, the impounded items will be deemed forfeited to the City. The forfeited items may be disposed of at the City's sole discretion.
(Ord. 6142, 2/6/2024)
§ 9.48.030 Prohibition of Peddling or Soliciting on Private Property in Violation of a Posted Sign.
It is unlawful for a person to go onto private property within the city for the purpose of selling, offering for sale, or soliciting orders for the sale of any merchandise, product, service, or thing whatsoever when the occupant of such property has given notice or warned such persons to keep away. A sign posted by the occupant of the property, with the words "no solicitors," "no peddlers," or other similar words, at or near the front door or primary entrance to a residential structure on private property, shall constitute sufficient notice or warning pursuant to this section. For any property used for a purpose other than a residential use, such notice may be posted at each public entrance to any structure on the property in any conspicuous location on the property, in such a manner so as to provide reasonable notice of the restriction.
(Ord. 6142, 2/6/2024)
§ 9.49.010 Purpose.
§ 9.49.020 Definitions.
Any type of edible substance or beverage intended for human consumption.
The County of Santa Barbara Environmental Health Services.
All licenses, permits, certifications, and courses required and issued by the Health Department to vend food within the City.
Any item, good, or tangible personal property of any kind that is not food intended for human consumption.
Areas designated on the Sectional Zoning Map of the City of Santa Barbara as: A-1, A-2, E-1, E-2, E-3, R-1, R-2, R-3, R-4, or S-H under Title 28 of this Code; RS, R-2, R-M, R-MH under Title 30 of this Code; or within any overlay zone for mobilehome or residential planned unit or common interest development.
A sidewalk vendor who moves from place to place and stops only to complete a transaction, or as otherwise defined by Government Code Section 51036(b), as it may be amended.
The portion of a public street or highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel. Sidewalk excludes, public paseos, plazas, and other public pedestrian pathways that are not part of a public street or highway.
A person who vends food or merchandise from a vending cart or from one's person upon a sidewalk or other place authorized by this chapter, or as otherwise defined by Government Code Section 51036(c), as it may be amended. A sidewalk vendor does not include an owner, employee, agent, or independent contractor of a business having an established storefront or other fixed business location within the City. A sidewalk vendor does not include a person who vends from a motor vehicle.
The portions of State Street generally between Victoria Street and Haley Street closed to use by motor vehicles pursuant to City Council ordinance or resolution.
A sidewalk vendor who vends from a fixed location, or as otherwise defined by Government Code Section 51036(c), as it may be amended.
A time of day as determined by the National Weather Service.
To sell, offer for sale, expose or display for sale, solicit offers to sell, barter, or exchange anything of value, even if the transaction is characterized as a donation.
A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used by a sidewalk vendor to sell food or merchandise.
(Ord. 6060, 2022; Ord. 6142, 2/6/2024)
§ 9.49.030 Measurements.
Distance shall be measured along a sidewalk as the closest points between the items or places being measured. When a distance is being measured between a vending cart and the entrance to a location, the measurement will be made to the point where the pathway to the entrance intersects the sidewalk. When a distance is measured to a school or other building or facility, measurement shall be made to the exterior boundary of the grounds on which the school or other building or facility is located.
(Ord. 6060, 2022)
§ 9.49.040 Sidewalk Vending Authorized - Violations Prohibited.
A.
Notwithstanding Chapter 9.48 of this Code, sidewalk vendors may vend on sidewalks in the City in compliance with all the requirements of this chapter. A sidewalk vendor who vends in the City in violation of this chapter is subject to an administrative citation punishable by an administrative penalty pursuant to Section 9.49.120 only.
(Ord. 6060, 2022; Ord. 6142, 2/6/2024)
§ 9.49.050 Sidewalk Vending in Residential Zones.
A.
Stationary sidewalk vendors are prohibited in residential zones.
B.
Roaming sidewalk vendors are permitted in residential zones between the hours of 8:00 a.m. and one-half hour after sunset. Roaming vendors must move continuously except when stopped to complete a sale. For purposes of this section, "move continuously" means not staying in the same location for more than five minutes, except to complete a sale commenced during the initial five minutes.
(Ord. 6060, 2022)
§ 9.49.060 Prohibited Merchandise.
§ 9.49.070 Business License - Health Department Permit.
A.
Sidewalk vendors are prohibited from vending without first paying the applicable business tax pursuant to Chapter 5.04 of this Code and obtaining and displaying a business tax receipt.
B.
When accepting business tax payments and issuing a business tax receipt to a sidewalk vendor, the Finance Department shall accept either a California driver's license or identification number, an individual taxpayer number in lieu of a social security number, or such other forms of identification as the Finance Director deems acceptable. The Finance Director will keep the information exempt from public inspection, confidential, and not disclosable except as required to administer the permit or licensure program or comply with a state law or state or federal court order as required by Government Code Section 51038(c)(4).
C.
Before issuance or renewal of a business tax receipt, a sidewalk vendor must provide the following information to the Finance Department:
1.
The name and current mailing address of the sidewalk vendor;
2.
A description of the merchandise offered for sale or exchange;
3.
A statement whether the vendor intends to operate as a stationary or a roaming vendor;
5.
The vendor's California seller's permit number (California Department of Tax and Fee Administration sales tax number);
6.
If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal;
7.
A certification by the vendor that to his or her knowledge and belief, the information provided is true.
D.
No sidewalk vendor may vend food anywhere within the City without first obtaining a Health Department Permit.
E.
A copy of the business license certificate and, if applicable, the Health Department Permit, must be prominently displayed on each vending cart used by the licensed sidewalk vendor or carried by a sidewalk vendor when vending without a cart.
(Ord. 6060, 2022)
§ 9.49.080 Operational Requirements.
A.
Sidewalk vendors shall comply with each of the operational requirements in this Section.
B.
Sidewalk vendors who vend food shall comply with the requirements of the Health Department Permit issued to the sidewalk vendor.
C.
Vending carts shall not exceed a length of 74 inches, a width of 34 inches, or a height of 80 inches. A vending cart may have an attached umbrella with a diameter that does not exceed 48 inches and a height not less than 80 inches.
D.
Stationary sidewalk vendors and roaming sidewalk vendors shall not operate in commercial zones between the hours of midnight and 6:00 a.m.
E.
Vending carts shall not be stored overnight in any zone on the sidewalk or other City property and must be removed from the sidewalk or other City property after the hours of operation.
F.
Vending carts shall not be left unattended.
G.
Vending carts shall not be locked, chained, or otherwise secured to any pole, sign, tree, or other object in the public right-of-way.
H.
Stationary sidewalk vendors shall maintain a clean and trash-free vending location including a 10-foot radius from the stationary cart. All waste generated by the preparation or service of food products or other products shall be maintained within cart until properly disposed of in a proper receptacle that is lawfully available for use of a stationary or roaming sidewalk vendor.
I.
Sidewalk vendors that vend food items shall provide a trash receptacle for customers. The trash receptacle shall be large enough to accommodate customer trash. The trash receptacle may be attached to the vending cart or placed adjacent to it. The trash receptacle shall be regularly emptied and available for customer use. Sidewalk vendors shall dispose of all waste, including all waste generated from preparation or service of food or other products and customer trash, in a proper receptacle that is lawfully available for use of the vendor.
J.
A stationary sidewalk vendor that vends food shall operate within 200 feet travel distance of an approved and readily available toilet and handwashing facility, as required by California Health and Safety Code Section 114315.
K.
Freestanding signs are prohibited. A vending cart may have signs advertising the sidewalk vendor and the products vended attached to the cart.
L.
Sidewalk vendors shall not use or set up tables, chairs, or other structures, provided however, that a stationary vendor may use a stool or chair for personal use.
M.
Carts shall be self-contained, including any power sources. Sidewalk vendors shall not connect to or use a water or an electricity source owned by the City or a private party without authorization from the City or the private party. Gas powered generators are prohibited. Equipment for cooking food must be contained within the cart.
N.
Sidewalk vendors shall comply with all laws regulating noise and must not create a noise nuisance.
O.
Sidewalk vendors shall comply with all applicable rules, regulations and requirements promulgated by the City, including, but not limited to, park regulations and regulations related to the State Street Promenade.
(Ord. 6060, 2022; Ord. 6142, 2/6/2024)
§ 9.49.090 Locational Requirements.
A.
Sidewalk vendors shall comply with each of the locational requirements in this section.
B.
Sidewalk vending is prohibited within 500 feet of any elementary, middle, junior high, or high school during the hours of 7:30 a.m. to 4:00 p.m. on days that school is in session.
C.
A roaming sidewalk vendor shall not stop to make a sale in a manner that impedes the flow of pedestrian traffic, including persons with disabilities using a mobility device, by reducing the path of travel on a sidewalk to less than five feet, or that blocks entrance to a driveway.
D.
Sidewalk vending is prohibited within 500 feet of a City-permitted special event. Permitted special events include certified farmers' markets, the Santa Barbara Arts and Crafts Show, parades, and other events conducted pursuant to a special event permit or other authorization issued by the City. This prohibition does not apply to a sidewalk vendor who has been authorized to participate as a vendor in the Santa Barbara Arts and Craft Show pursuant to Chapter 15.08. This prohibition does not apply to a sidewalk vendor who has been authorized to vend at a special event by the organizer of the event.
E.
A stationary sidewalk vendor shall not place a vending cart or vend, and a roaming sidewalk vendor shall not stop to vend, in any of the following locations:
1.
Within five feet of a marked crosswalk;
2.
Within five feet of an unmarked crosswalk at the intersection of two streets;
3.
Within five feet of any fire hydrant;
4.
Within five feet ahead and 45 feet to the rear of a sign designating a bus stop;
5.
Within 10 feet of a driveway or driveway apron;
6.
Within 100 feet of an outdoor dining or patio dining area;
7.
Within 18 inches from the edge of the curb;
8.
Within the roadway of any street or highway;
9.
On a sidewalk having a slope greater than five percent;
10.
In a location or manner where placement or operation endangers the safety of persons or creates a dangerous condition of property;
11.
Within 200 feet of the entrance to any library, city hall, police station, government administration building, a fire station, or a hospital;
12.
Within 10 feet of the entrance to any business, during the hours that any business is open to the public;
13.
Within 10 feet of a bicycle rack;
14.
Within a City Class 1 off-street bicycle or multi-use path;
15.
Within the approach to or on a vehicular, bike or pedestrian bridge.
F.
Stationary sidewalk vendors shall not occupy the area directly in front of a transparent window or within four feet of an entry or exit of a business fronting on a public street.
G.
In order to limit obstructions caused by a congregation of customers during periods of operations, and to clearly delineate responsibilities in operation, stationary sidewalk vendors shall not locate and roaming sidewalk vendors shall not vend closer than 50 feet from another sidewalk vendor.
H.
Stationary sidewalk vendors are prohibited on the north side of Cabrillo Boulevard. Stationary sidewalk vendors are permitted on the sidewalk on the south side of Cabrillo Boulevard provided that the vending cart is located on the portion of the sidewalk furthest from the street and that a clear pedestrian path of travel of at least eight feet is maintained along the sidewalk, except in areas where sidewalk vending is prohibited by subsection D of this section or by subsection C of Section 9.49.100.
(Ord. 6060, 2022)
§ 9.49.100 Sidewalk Vending in Parks and Beaches.
A.
Sidewalk vending is prohibited in City parks or beaches, except when conducted in compliance with subsection D, below.
B.
Stationary sidewalk vending is prohibited in any City park or beach where the City has entered into an exclusive concessionaire's agreement for the sale of food or merchandise in that City park, and signs have been posted at each entrance notifying sidewalk vendors.
C.
Sidewalk vending is prohibited on Stearns Wharf and the sidewalks between the intersection of State Street and Cabrillo Boulevard and the entry to Stearns Wharf.
D.
Sidewalk vendors shall comply with each of the following vending requirements:
1.
Sidewalk vending shall not be conducted during times the park or beach is closed;
2.
All sidewalk vending activities in parks shall be conducted from a sidewalk or pedestrian pathway within the park in an area designated for sidewalk vending by the Parks and Recreation Director. A vending cart may not be placed or operated in a manner that impedes the flow of pedestrian traffic, including persons with disabilities using a mobility device, by reducing the path of travel on a sidewalk or pedestrian pathway to less than four feet;
3.
Sidewalk vending is prohibited within 100 feet of playgrounds, recreational fields, skate parks, ball courts, and designated parking stalls;
4.
Sidewalk vending is prohibited in areas set aside for special events or reserved use during the time period authorized for the special event or reserved use;
5.
Sidewalk vending is prohibited in park, waterfront, and beach parking lots.
E.
The Parks and Recreation Director may adopt additional rules and requirements consistent with this section and Government Code Section 51038(b)(2)(B) for conduct of sidewalk vending within parks. The additional rules will be effective upon publication of the rules in English and in Spanish.
(Ord. 6060, 2022)
§ 9.49.110 State Street Promenade.
A.
Sidewalk vending is permitted within that portion of the State Street Promenade roadway that is available for outdoor dining or other commercial activity under guidelines issued by the City Administrator and subject to all other requirements of this chapter. Sidewalk vending is prohibited on the sidewalks within the State Street Promenade.
B.
Notwithstanding subsection A, sidewalk vending is prohibited entirely on the 500 block of State Street.
C.
In addition to vending authorized by subsection A of this section, persons may vend cascarones (confetti filled eggs), and other non-food items from vending carts, tables, temporary stands placed within the roadway or on the sidewalk adjacent to the curb of the State Street Promenade provided that an eight foot pedestrian path of travel along the sidewalk is maintained at all times. Use of the sidewalk authorized by this subsection is limited to the week of the Old Spanish Days Fiesta.
(Ord. 6060, 2022)
§ 9.49.120 Administrative Penalty.
A.
A violation of this chapter is punishable only by the following:
1.
A Notice of Violation for a first violation;
2.
An administrative fine not exceeding $100.00 for a second violation within one year of the first violation;
3.
An administrative fine not exceeding $200.00 for a third violation within one year of the first violation;
4.
An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
B.
Administrative citations may be issued by any city employee designated by the City Administrator as responsible for enforcement of this chapter.
C.
Administrative citations and business license revocation issued pursuant to this section may be appealed according to the provisions of Sections 1.25.080—1.25.130 of this Code. For purposes of this appeal, the employee issuing the citation will be deemed to be the Director as that term is used in Sections 1.25.080—1.25.130.
D.
In reviewing an appeal, the Hearing Administrator shall take into consideration the person's ability to pay the fine. The citation must include notice of the right to appeal, including the right to request an ability-to-pay determination and shall make available information regarding how to file an appeal. A person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(Ord. 6060, 2022)
§ 9.49.130 Removal of Carts.
A.
The placement of a vending cart on a sidewalk in violation of the provisions of this chapter is a public nuisance. A City employee authorized to enforce this chapter may direct a sidewalk vendor to remove a cart placed in violation of this chapter. If the sidewalk vendor refuses to remove the cart, or if the cart has been left unattended overnight, the City may impound the cart and its contents.
B.
Impounded carts will be stored at a location designated by the City Administrator and may be retrieved by the sidewalk vendor during normal City business hours beginning on the day following impoundment. The City Administrator is directed to provide reasonable notice to sidewalk vendors, which notice may be by posting in a prominent location on the City's website or by written notice distributed to sidewalk vendors in connection with the issuance or renewal of a business license. A vending cart will be released to a sidewalk vendor upon proper identification of the cart, execution by the vendor of a statement under penalty of perjury declaring ownership of the cart, and payment of an impound fee in an amount set by City Council resolution not to exceed the reasonable cost to impound and store the cart.
C.
Carts not retrieved within 30 days following the date of impound will be deemed abandoned property and may be sold or destroyed by the City. Perishable food items may be discarded immediately.
(Ord. 6060, 2022)
§ 9.49.140 Exemptions.
This chapter does not apply to:
A.
Traveling salespersons, commercial travelers or the like who exclusively or primarily sell to, or solicit orders for future delivery from local retailers, local businesses, local governments, local schools or local wholesale firms.
B.
The occasional sales of goods and services, including admission to local events, by local school students to a function of their school; or fundraising sales by service clubs or groups such as Elks, Kiwanis, Lions, Boy Scouts or Girl Scouts.
(Ord. 6060, 2022)
§ 9.50.010 Purpose.
A.
In order to protect and promote the rights of the general public to be free from inappropriate conduct and from the intimidating physical confrontations associated with panhandling, the City Council finds that there is a need to adopt a City ordinance which imposes reasonable and specific time, place, and manner limitations on those forms of inappropriate and unlawful conduct which may be associated with abusive and active panhandling. At the same time, the Council seeks to properly and duly recognize, as well as protect to the fullest extent possible, the First Amendment free speech rights of all concerned.
B.
The Council finds that balancing the need for public safety with the need to protect constitutional rights is especially critical in certain popular retail and visitor-serving areas of the City. Specifically, Cabrillo Boulevard, lower Milpas Street, and certain blocks of State Street (those within the City Central Business District) are popular public gathering spaces and are often crowded with members of the public and visitors to the Santa Barbara area. Moreover, these areas provide only limited public amenities, such as public seating and outdoor dining areas, and members of the public should be free to use those areas without fear of coercive panhandling with its attendant risk of fraud, intimidation and violence. The Council further finds that, because these areas of Santa Barbara often have thousands of visitors each day and because there is limited public seating and gathering areas available within these blocks of these streets, it is necessary and appropriate to provide panhandling regulations which prevent some persons from monopolizing the use of a public bench or a public seating area, as well as nearby sidewalk areas, for active panhandling. There is therefore a necessity for the City Council to adopt regulations which provide for the shared and reasonable use of these public facilities by all members of the public, especially the elderly and persons with special access needs.
C.
The City Council further finds that panhandling near automated bank teller machines is particularly problematic because persons who use such machines may have large quantities of cash in their possession and generally feel vulnerable to attack or intimidation. Likewise, active panhandling on buses and other forms of public transportation threatens the person being solicited because they are in a confined space with no means of leaving the area in order to avoid being panhandled.
D.
The City Council finds that these panhandling regulations will not prevent those persons who wish to solicit alms or charitable donations from appropriately using public benches and public seating facilities within these areas of the City for temporary respite purposes, nor will these panhandling regulations impact the content of any protected forms of expressive statements made by a panhandler or otherwise improperly restrict anyone's First Amendment rights.
E.
The City Council also finds that these panhandling regulations have been demonstrated, by careful mapping of the regulated areas which has been considered by Council, to leave open ample alternative locations within the City for active and passive panhandling. Active panhandling on or near public benches and seating areas is prohibited only in the most crowded and intensely used areas of the City's commercial districts, and even with those areas many areas are open for active and passive panhandling.
(Ord. 5499, 2009; Ord. 5689, 2015)
§ 9.50.020 Definitions.
The following words or phrases as used in this chapter shall have the following meanings:
To do one or more of the following acts while engaging in panhandling or immediately thereafter:
Blocking or impeding the passage or the free movement of the person panhandled;
Following the person panhandled by proceeding behind, ahead or alongside of him or her after the person panhandled declines to make a donation;
Threatening, either by word or gesture, the person panhandled with physical harm or an assault;
Abusing the person being panhandled with words which are offensive and inherently likely to provoke an immediate violent reaction;
Touching the person being panhandled without that person's consent; or
Engaging in Active Panhandling in any of the prohibited places or under any of the circumstances specified in Section 9.50.030.B of this chapter.
A gift of money or other item of value and including the purchase of an item for an amount far exceeding its value under circumstances where a reasonable person would understand that the purchase is in substance a gift.
Forms of Panhandling. Panhandling may occur in two forms as follows:
Active Panhandling. Any verbal request made by one person to another person seeking a direct response of an immediate donation of money or other item of value.
Passive Panhandling. The act of only passively displaying a sign or using any other nonverbal indication that a person is seeking donations without addressing a verbal request or solicitation to any specific person, other than in response to an inquiry from that person.
(Ord. 5499, 2009)
§ 9.50.030 Abusive Panhandling Prohibited - Specific Locations Where Active Panhandling is Restricted.
A.
Abusive Panhandling Prohibited. Abusive Panhandling is unlawful and prohibited entirely within the city of Santa Barbara.
B.
Active Panhandling Restricted. Active Panhandling is prohibited when the person being panhandled is in any of the following locations:
1.
Waiting at a bus stop;
2.
In a vehicle on a public street or alleyway;
3.
In a City parking lot or parking structure without regard to whether the person is in a vehicle or not;
4.
Within 25 feet of an outdoor dining area of a restaurant or other dining establishment serving food for immediate consumption;
5.
Within 50 feet of an automated bank teller machine;
6.
Within 25 feet of a queue of persons waiting to gain admission to a place of business or to a vehicle, or waiting to purchase an item or admission ticket; or
7.
On buses or other public transportation vehicles.
(Ord. 5499, 2009; Ord. 5689, 2015)
§ 9.50.040 Use of Public Benches and Facilities on Certain Streets for Active Panhandling.
Active Panhandling is prohibited while seated on or otherwise using a public bench or seating area (including any landscape planter or other public street furniture which can be sat upon), and within 25 feet of such benches and seating areas, within the following areas of the City:
A.
State Street. On either side of State Street from the 400 block to the 1200 block; or
B.
Milpas Street. Either side of Milpas Street from the 00 block South to the 200 block North; or
C.
Cabrillo Boulevard. Cabrillo Boulevard between Castillo Street and Milpas Street.
(Ord. 5499, 2009; Ord. 5689, 2015)
§ 9.50.050 Penalty for Abusive Panhandling.
Any person who engages in abusive panhandling as defined herein shall be guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $1,000.00 or be imprisoned for a period not to exceed six months, or both. Other violations of this chapter shall be prosecuted in accordance with the requirements of Section 1.28.010.
(Ord. 5499, 2009)
§ 9.60.010 City Buildings and Facilities - Nighttime Closure.
A.
Entering and remaining after closing time. No person shall enter or remain in any City building or facility (or upon the grounds or premises thereof) when the same is closed to the public unless such person is authorized to do so by the City Administrator.
B.
Closing hours. The City Administrator is authorized to determine appropriate nighttime closing hours for all City buildings and facilities other than City parks and park facilities, City recreational facilities, and City waterfront facilities regulated pursuant to Title 15 and Title 17 respectively.
C.
Posting. The Director of Public Works shall, by appropriate signs or other means, give notice of the closing times for public buildings and facilities.
D.
Activities after closing. Any portion of a City building or facility in which a City-sponsored or permitted meeting or activity open to the public is being conducted or is scheduled to be conducted, shall not be considered closed to members of the public who are participants, observers and attendees of said meeting or activity, and who are within the meeting or activity portion of the building or facility being used for the meeting or activity, or any buildings, premises, or off-street parking area intended for use in connection therewith, until 30 minutes after the conclusion of the meeting or activity.
(Ord. 4488, 1988)
§ 9.65.010 Display.
Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or marker pens with tips exceeding four millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol containers or marker pens to be stored in an area viewable by, but not accessible to the public in the regular course of business without employee assistance, pending legal sale or disposition of such marker pens or paint containers.
(Ord. 4809, 1993)
§ 9.66.010 Title.
This chapter shall be known as the City of Santa Barbara "Graffiti Removal and Abatement Ordinance."
(Ord. 5349, 2005)
§ 9.66.020 Purpose and Intent.
The City Council hereby finds and declares that:
A.
Graffiti is detrimental to the health, safety and welfare of the community in that it promotes a perception in the community that the laws protecting public and private property may be disregarded with impunity.
B.
This perception fosters a sense of disrespect of the law that results in an increase in crime; is detrimental to property values, business opportunities and the enjoyment of life; is inconsistent with the City's property maintenance goals and aesthetic standards; and results in additional graffiti and in other properties becoming the target of graffiti unless it is quickly removed from public and private property.
C.
Graffiti is a threat to public safety and must be quickly abated, as provided herein, to prevent its proliferation and harm to persons and property in the City as the re-application, and spread of, graffiti has been found to dramatically decrease when it is removed in a timely fashion.
D.
This chapter is intended to be consistent with Government Code Sections 38772 et seq. and 53069.3 which authorize the enactment of ordinances for the use of City funds to remove graffiti from public or privately owned permanent structures located on public or privately owned real property from the city.
E.
The enlistment of business and property owners in the City and their assistance, active resistance, and prior consent to allow the City to abate graffiti on their property is recognized and emphasized as a key element in combating graffiti crime.
F.
It is the purpose of this chapter to provide for a City sponsored program for the removal of graffiti from walls, pavement, structures and other improvements on both public and private property. Towards that end, the City Council hereby deems it appropriate for the Director of Public Works, acting under the supervision of the City Administrator, to utilize City funds and designate the City employees or City contractors necessary to establish a program of effective and prompt graffiti removal by the City for all real property within the City. Subject to the required appropriation of funds, this program may utilize City Public Works employees, materials, and equipment and other City resources which may be necessary to accomplish the graffiti abatement and removal purposes of the program, particularly with respect to graffiti on publicly owned property. The program shall also be made available to property owners within the City, on a cost reimbursement basis, for the removal of graffiti from private property pursuant to a standard agreement between the property owner and the City.
(Ord. 5349, 2005)
§ 9.66.030 Definitions.
For the purposes of this chapter, the listed terms are defined as follows:
To properly and correctly remove graffiti or the removal of graffiti.
An accounting of graffiti abatement costs by the City.
The Director of Public Works for the City of Santa Barbara.
Any inscription, word, figure, marking or design that is marked, etched, scratched, drawn, affixed, or painted on any property, including any building, structure, fixture or other improvement, whether permanent or temporary, that was not authorized in advance by the owner of such property.
An administrative procedure which identifies graffiti, provides notice to the owner to abate the graffiti and provides for abatement by the City in the absence of a timely response by the property owner.
Written notice informing the property owner that graffiti exists on his/her/their property and that it must be removed within three days or the City will remove it.
An order by the Director that graffiti exists on the property and that it must be abated.
An aerosol type paint container, etching cream, a felt tip marker, or any device (including a sticker) or material capable of being used to create a visible mark at least one eighth (1/8) of an inch in width, or visible from five or more feet away.
Any one of the legal owner(s), if multiple owners, or any person as shown on the latest equalized tax assessment roll(s) of the affected property. If designated in writing, the owner's authorized agent or any person who may be in possession of, or who has a right to possess such property.
(Ord. 5349, 2005)
§ 9.66.040 Graffiti - Public Nuisance.
Pursuant to the authority of California Government Code Section 38771, graffiti, whether on public property or on private property, is hereby declared a public nuisance in the City.
(Ord. 5349, 2005)
§ 9.66.050 Prohibition of Graffiti on Property.
It is unlawful for the owner of any real property within the City, whether public or private, to allow graffiti to remain in place on such property or to maintain graffiti that has been placed upon such property.
(Ord. 5349, 2005)
§ 9.66.060 Graffiti Abatement Procedures - Property Owner's Consent.
A.
Graffiti Removal by Public Works as Authorized by the Property Owner. With the prior written consent of a property owner and upon an agreement regarding any necessary reimbursement by the owner to the City, the Director may immediately remove any graffiti he or she determines to be in violation of Section 9.66.050 of this chapter.
B.
Standard Consent/Release Forms - Agreement to Pay for Abatement.
1.
In order to accomplish the purposes of this section, the Director shall prepare and distribute to property owners within the City a standard City consent/release and reimbursement agreement (as prepared and approved by the City Attorney.) The consent/release and reimbursement agreement shall be sufficient for the purposes of authorizing graffiti abatement removal on that owner's property by work crews designated by the City for the purposes of entering the property to abate the graffiti. The agreement shall also contractually commit the property owner to reimburse the City for the graffiti abatement costs incurred.
2.
As a pre-condition for the City's removal of graffiti, the property owner shall have provided the City with a fully-executed copy of the standard City release/consent and reimbursement agreement for each property owned by such owner(s). The prior consent/release and reimbursement agreement may be revoked or cancelled by the owner at any time by notifying the Director in writing. The standard release/consent and reimbursement agreement shall provide that the property owner agrees to be responsible to the City for the costs of graffiti abatement by the City in accordance with a standard graffiti abatement cost schedule to be made readily available by the City for review by a property owner.
3.
After the graffiti is abated by the City, the City Finance Director will send the owner an itemized bill and an abatement accounting for the costs of the graffiti abatement. The property owner shall than pay the City the amount set forth in the abatement accounting within 30 days of the date of the mailing.
C.
Properties for Which the Property Owner Has Not Consented or Refuses to Consent. If the Director is otherwise unable to obtain consent from the property owner or if the property owner does not abate the graffiti voluntarily in accordance with the requirements of this chapter, the Director may proceed with a graffiti abatement action as set forth in Section 9.66.070.
D.
Graffiti on Public Property. Where property defaced by graffiti is owned by a public entity other than the City, the Director shall cause removal of the graffiti only after securing the consent of an authorized representative of the public entity that has jurisdiction over the property. However, any public entity may provide the City with a general standard consent agreement applicable to some or all of that entity's property, as determined appropriate by the public entity.
(Ord. 5349, 2005)
§ 9.66.070 Notice of Graffiti Abatement Action.
A.
Initiation of Abatement Action. Whenever the Director determines that graffiti exists in violation of Section 9.66.050 and the Director has been unable to obtain the owner's consent to remove the graffiti in accordance with Section 9.66.060 and the property owner has failed to abate graffiti on the property, the Director may initiate a graffiti abatement action by causing a graffiti abatement notice to be served on the Owner as follows:
B.
Time for Removal - Hearing Before Director.
1.
The graffiti abatement notice shall provide the property owner three calendar days from the date of the graffiti abatement notice to do one of the following: (a) to remove the graffiti; or (b) to authorize the removal of the graffiti by the Director by notifying the Director in writing that he or she has consented or consents to the graffiti abatement and will reimbursement the City for the removal costs (in accordance with Section 9.66.060); or (c) the property owner may demand a hearing before the Director regarding the abatement order.
2.
If the property owner fails to take one of these actions within the above time period of three days, the property shall thereafter be subject to abatement of the graffiti by the Director in accordance with Section 9.66.080.
3.
If no hearing is requested or if the Owner provides the City with the required consent/release and reimbursement agreement within the three day period required and if the graffiti has not been removed, then the Director may immediately remove the graffiti and bill the owner for the amount to be reimbursed.
(Ord. 5349, 2005)
§ 9.66.080 Graffiti Abatement Action; Hearing.
A.
Abatement Hearing with Director.
1.
If a property owner requests a hearing pursuant to Section 9.66.070.B, the Director shall provide notice of the time and place of the hearing in accordance with the notice provisions of California Government Code Section 65094 at least seven days prior to the scheduled hearing date.
2.
At the Abatement Hearing, the owner shall be entitled to present written evidence relevant to show that his or her property does not contain graffiti. Upon the conclusion of the hearing, if the Director determines that the property contains graffiti, the Director may order that the graffiti be immediately abated. The determination of the Director at the Hearing shall be final and may not be appealed.
B.
Abatement After Hearing. Upon the conclusion of an abatement hearing and before ordering abatement by City designated workers, the Director shall give written notice (a "graffiti abatement order") which notice shall be served in accordance with Section 9.66.070.A that, unless the graffiti is removed within two calendar days from the date of the graffiti abatement order, the City shall enter upon the property and cause the removal, painting over or such other abatement of the graffiti as the Director determines appropriate.
C.
Procedures for Abatement. The following procedures shall apply to actions by the Director to abate graffiti pursuant to this section and to recover costs for abatement of graffiti on private property:
1.
Abatement Action.
a.
Not sooner than the expiration of the time specified in the graffiti abatement order, the Director shall immediately implement the graffiti abatement order and utilize the City's own forces to remove the graffiti.
b.
Thereafter, the City Finance Director, upon the written request of the Director, shall provide an abatement accounting to the owner of the costs of the abatement action on a full cost recovery basis not later than 10 days from the date the abatement action is completed. The abatement accounting shall include all administrative costs incurred by the Department in abating graffiti on the property. The total amount set forth in the abatement accounting shall be due and payable by the owner within 30 days from the date of the abatement accounting.
2.
Lien on the Real Property. If all or any portion of the amount set forth in the abatement accounting remains unpaid by the owner after 30 days of the mailing of the abatement accounting, such portion shall constitute a lien on the property which was the subject matter of the graffiti abatement action. Such a lien shall be levied and collected by the City in accordance with Section 1.25.130 of this code as if they were a fine imposed pursuant to that section. Property owners seeking to challenge the amount of the abatement accounting may do so at the hearing authorized by Section 1.25.130.
(Ord. 5349, 2005)
§ 9.66.090 Limitation of Liability.
By adopting this Graffiti Abatement and Removal Ordinance and in establishing a City graffiti abatement program, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Ord. 5349, 2005)
§ 9.68.010 City Fixtures - Damaging - Misdemeanor.
Every person who unlawfully displaces, injures or damages any warning signs, or lampposts, or any fixtures or appurtenances thereof, upon any street or sidewalk within the City, shall be guilty of a misdemeanor.
(Prior code §32.7)
§ 9.68.020 City Fixtures - Railroad Crossings.
It is unlawful for any person wilfully and maliciously to take down, raise up, molest, injure or in any way impair the efficiency or proper working of any gate, bar or rail, the purpose of which is public protection, now erected or that may hereafter be erected at any grade crossing of any railroad in the City.
(Prior code §32.18)
§ 9.68.030 Stakes and Markers - Interference.
It is unlawful for any person without the consent of the owner, if the same be upon private property, otherwise the consent of the City Engineer, to displace, remove or destroy, or in any manner interfere with any survey stakes, bench marks, grade stakes, block monuments or any other such marks or monuments.
(Prior code §32.49)
§ 9.68.040 Streets, Gardens, Plazas, Etc. - Injuring, Etc.
No person shall, in any manner, wilfully injure or deface any part of any street of the City, or any of the fixtures or appurtenances thereof, or any part of the garden or plaza connected with such streets or any part of the fixtures or appurtenances of such garden plaza.
(Prior code §32.50)
§ 9.68.050 Trees - Cutting, Breaking, Etc.
It is unlawful for any person to cut, break or mutilate any tree which is the property of another within the corporate limits of the City.
(Prior code §32.51)
§ 9.68.060 City-Owned Parking Lots and Structures.
A.
Prohibition. No person shall enter or remain in any City owned or operated parking lot or parking structure except to park a vehicle therein and to exit the lot or structure or to enter a lot or structure in order to retrieve any parked vehicle and to depart therefrom or to use the restroom facilities and immediately exit the structure or except pursuant to a permit issued by the City.
(Ord. 4421, 1986; Ord. 4908, 1995)
§ 9.70.010 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meaning and be construed as defined in this section.
Any minor child under the age of 18 years.
Any person under the age of 21 years.
A group of two or more persons who have assembled or are assembling for a social occasion or a social activity.
Includes, but is not limited to:
The person who owns, rents, leases, or otherwise has control or is in charge of the premises where the party, gathering, or event takes place, irrespective of whether such person knew of the event or knew or intended that alcohol beverages would be possessed or consumed by minors during the party, gathering, or event;
The person who organized the party, gathering, or event; or
If the person who organized the party, gathering, or event is a juvenile, then both the parents (or legal guardians) of that juvenile and the juvenile shall be considered "persons" and, as such, shall be jointly and severally liable for the civil penalties imposed pursuant to this chapter, irrespective of whether the parent(s) (or legal guardians) knew of the party, gathering, or event, or knew or intended that alcohol beverages would be possessed or consumed by minors at the party, gathering, or event.
(Ord. 5457, 2008)
§ 9.70.020 Unlawful Gatherings on Private Real Property When Alcohol is Served to Minors; Host Presumption; Declaration of Public Nuisance.
A.
Unlawful Gatherings. No person shall permit, allow, or host a party, gathering, or event at his or her place of residence (or other private real property under his or her ownership or control) where alcoholic beverages are in the possession of, or consumed by, any minor.
B.
Host Presumption. It is presumed that the owner of the private real property on which the party, gathering, or event occurs is a person who has permitted, allowed, or hosted the party, gathering or event, unless the private real property is rented, in which case it is presumed that the tenant has permitted, allowed, or hosted the party, gathering, or event.
C.
Public Nuisance. It is hereby declared to be a public nuisance for any person to permit, allow, or host a party, gathering, or event at his or her place of residence (or other private real property under his or her ownership or control) where alcoholic beverages are in the possession of, or are being consumed by, any minor.
(Ord. 5457, 2008)
§ 9.70.030 Civil Penalty.
A.
Violation. Any person who permits, allows, or hosts a party, gathering, or event at his or her place of residence (or other private property under his or her control) where alcoholic beverages are in the possession of, or are being consumed by, any minor in violation of this chapter shall be liable and responsible for, and shall pay to the City, civil penalties in the amount specified in subsection B below. Such civil penalties shall be imposed and collected in the manner specified in Chapter 1.25 of this code.
B.
Civil Penalties.
1.
A first violation of this chapter shall make the person responsible for the violation liable for a civil penalty of $1,000.00; provided however, the civil penalty for such responsible persons who are first time offenders of this chapter may be waived upon submission of proof of completion, within 120 days of receipt of notice of the violation, of a City-recognized alcohol counseling program, such as teen court or an alcohol rehabilitation or education program, as such programs may be designated in writing by the City Administrator of the City from time to time.
2.
A second violation of this chapter by the same responsible person shall make the person responsible for the violation liable for a civil penalty of $2,000.00; provided however, the civil penalty for such responsible persons who are second time offenders of this chapter may be reduced to $1,000.00 upon submission of proof of completion, within 120 days of receipt of notice of the violation, of a City-recognized counseling program, such as teen court or an alcohol rehabilitation or education program, as such programs may be designated in writing by the City Administrator of the City from time to time.
3.
A third or subsequent violation of this chapter by the same responsible person shall be punishable by a civil penalty of $2,000.00.
C.
If a responsible person wishes to have a civil penalty waived or reduced pursuant to paragraphs B.1 or B.2 above, the responsible person shall submit to the City Administrator evidence of enrollment in a recognized counseling or rehabilitation program within four weeks of receipt of notice of the violation. Furthermore, if the counseling or rehabilitation program lasts longer than four weeks, the responsible person shall submit evidence of continued enrollment every two weeks until completion of the program.
(Ord. 5457, 2008)
§ 9.70.040 Remedies Cumulative; Actions; Relationship to Other Laws.
The remedy provided under this chapter is cumulative, and shall not restrict the City to any other remedy to which it is entitled under law or equity. Nothing in this chapter shall be deemed to preclude the imposition of any criminal penalty under state law or the municipal code. Nor shall anything in this chapter be deemed to conflict with any penalty or provision under state law, or to prohibit any conduct authorized by the state or federal constitution.
(Ord. 5457, 2008)
§ 9.76.010 Prevention of Hazard - Types Designated.
It is unlawful for any person to maintain, operate, abandon or allow to exist upon any premises within the City owned by or under the control of the person, any well hole or well hole casing, cesspool, septic tank, sump or pipe or any other hole in the ground that is hazardous to the life or limb of child or adults unless proper precautions are taken by the person to prevent such well hole or well hole casing, cesspool, septic tank, sump or pipe from being a hazard to the life or limb of child or adults.
(Prior code §32.20)
§ 9.76.020 Abandoned Hole - Precautions Required.
It is unlawful for any person to abandon such well hole or well hole casing, cesspool, septic tank, sump or pipe within the City without first taking proper precautions to prevent such abandoned well hole or well hole casing, cesspool, septic tank, sump or pipe from being a hazard to the life or limb of child or adults.
(Prior code §32.20)
§ 9.76.030 Notice to Remedy - Failure a Violation.
In the event that any owner or person, having under his or her control premises upon which such hazard exists, is notified by the Police Department of the City, in writing, that such hazard exists and such person fails, within 24 hours, to remedy the condition then existing, each day that such hazard continues shall be considered a separate and distinct violation of this chapter.
(Prior code §32.20)
§ 9.84.010 Sale of Photographic, Etc., Prints, Identification Cards, Etc., by Police Department Authorized.
The Police Department is hereby authorized to issue identification cards to persons applying therefor and to sell photographic or photostatic prints from film or other records which have been made by the Police Department in its routine work, and to require the payment of an amount for such cards, photographic or photostatic prints as may be fixed by the Board of Fire and Police Commissioners. The issuance of such cards and sale of such prints shall at all times be subject to such rules and orders as may be prescribed by the Board.
(Prior code §2.5)
§ 9.84.020 Moneys Collected Paid Into General Fund.
All moneys collected by the Police Department from the issuance of identification cards or the sale of photographic prints as provided shall be paid into the General Fund of the City.
(Prior code §2.5)
§ 9.88.010 Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
All property whose former owner has voluntarily and intentionally given up possession.
All personal property that is lost, found, abandoned, stolen, embezzled or deposited with the Police Department.
(Prior code §28.1)
§ 9.88.020 Destruction of Unsafe, Etc., Property.
The Chief of Police may destroy any unclaimed property deemed by him or her to be inimical to the health, safety or welfare of the City.
(Prior code §28.2)
§ 9.88.030 Police to Store - Restoration to Owner.
All unclaimed personal property coming into the possession of the Police Department shall be stored in a safe place by the Chief of Police. The Chief of Police shall restore such property to its legal owner, upon proof of such ownership satisfactory to him or her and upon the payment of all reasonably necessary costs in the care and protection thereof, unless such property is held by the Police for evidence in a pending case in which event it shall be disposed of only upon order of the proper court.
(Prior code §28.3)
§ 9.88.040 Notice of Auction Sale of Unclaimed Property.
At any time after such unclaimed property has been stored by the Chief of Police for a period of four months, or, in the case of unclaimed bicycles, after such bicycles have been stored for a period of three months, the Chief of Police may publish once in a newspaper of general circulation in the City a notice of his or her intention to sell at public auction to the highest bidder at the time and place therein specified, all such unclaimed personal property. At the request of the Chief of Police, the Purchasing Division shall cause the notice to be published.
(Prior code §28.4; Ord. 2960 §1, 1963; Ord. 3288 §1, 1968)
§ 9.88.050 Auction Sale - Time - Conduct.
The sale mentioned in Section 9.88.040 shall be held not less than five days after the publication of the notice of the sale and each item shall be separately sold at public auction to the highest bidder, except in cases where there may be several of the same kind of articles or accessories thereof of little value, in which case they may be sold by lot or parcel. At the request of the Chief of Police, the Purchasing Division shall conduct the sale.
(Prior code §28.5)
§ 9.88.060 Expenses of Sale - Disposition of Sale Receipts.
The expenses connected with the sale authorized by the preceding section shall be a proper charge against the funds of the Police Department and the receipts and proceeds received from the sale shall first be applied to reimburse the Police Department for the expenses and the balance of all proceeds received from the sale shall be delivered to the City Treasurer for deposit in the Service Retirement Fund of the Fire and Police Pension Fund.
(Prior code §28.6)
§ 9.88.070 Unsold Items - Disposition.
The Chief of Police shall report any items remaining unsold after the public auction to the City Administrator who shall instruct the Chief what disposition shall be made thereof as he or she may see fit in the public interest.
(Prior code §28.7)
§ 9.88.080 Exceptions to Chapter.
The provisions of this chapter shall not apply to property subject to confiscation or special disposition under the laws of the State or of the United States of America.
(Prior code §28.8)
§ 9.94.010 Applicability.
This chapter applies to all businesses located in the City that provide shopping carts for customer use.
(Ord. 5996, 2021)
§ 9.94.020 Definitions.
The following definitions apply to the interpretation of this chapter.
A document submitted by a shopping cart owner pursuant to Section 9.94.070 of this chapter.
Any cart taken from a business premises without the written consent of the shopping cart owner.
The entire area owned, occupied, or utilized by a shopping cart owner for the conduct of the business for which shopping carts are provided, including any parking lot or common area open to customers of the business.
Includes any City employee designated by the City Administrator to administer this chapter.
Includes persons, corporations, partnerships, and unincorporated associations or entities.
A disabling device on a shopping cart that prevents a shopping cart from being removed from a business premises by locking the wheels or otherwise preventing the movement of the carts, or any other system of equipment that physically contains shopping carts on business premises.
A basket mounted on wheels or a similar device intended for the use of customers in a business establishment for the purpose of transporting goods of any kind within the confines of the business premises.
Any person who, in connection with the conduct of a business, possesses, leases or makes shopping carts available for the purpose of transporting merchandise on the business premises. For purposes of this chapter, "shopping cart owner" includes an owner's agent.
(Ord. 5996, 2021)
§ 9.94.030 Abandonment Prohibited.
A.
It is unlawful and a public nuisance for any shopping cart owner to allow one or more of the owner's shopping carts to be abandoned or remain unattended on any private property (except the business premises of the shopping cart owner), or any City street, alley, sidewalk or other public right-of-way for any period of time.
B.
It is unlawful for a person with ownership or control of a business premises to knowingly allow use on that premises of shopping carts other than shopping carts identified by a tag or other marking as belonging to that business.
(Ord. 5996, 2021)
§ 9.94.040 Unauthorized Removal Prohibited.
It is unlawful for any person, either temporarily or permanently, to remove a shopping cart from business premises, or be in possession of a shopping cart that has been removed from a business premises without the written consent of the shopping cart owner. This section does not apply to shopping carts removed as authorized by the shopping cart owner for the purpose of repair, maintenance or disposal.
(Ord. 5996, 2021)
§ 9.94.050 Shopping Cart Security After Hours.
Every shopping cart owner must lock or otherwise secure all shopping carts during hours when the business premises are not open for business.
(Ord. 5996, 2021)
§ 9.94.060 Cart Identification Required.
A.
Every shopping cart owner must have a sign permanently affixed to the cart that contains the following information:
B.
Any cart found abandoned on public or private property that does not have the identification and information required by this section may be removed from the property and disposed of by the City in accordance with the state law.
(Ord. 5996, 2021)
§ 9.94.070 Mandatory Abandoned Cart Prevention Plan.
Every shopping cart owner must develop, implement and comply with the terms and conditions of a City approved abandoned cart prevention plan to prevent the unauthorized removal by any person of any carts from the cart owner's premises and, if removed, to retrieve the cart within 24 hours of the removal, or notice of removal. Failure to submit an abandoned cart prevention plan may be subject to administrative remedies pursuant to Chapter 1.25. The City may charge a plan review fee that covers its administrative costs. The shopping cart owner's abandoned cart prevention plan must include the following elements:
A.
The name(s) of the owner(s) and the business name; the physical address where the business is conducted; and the name, address and phone number(s) of the owner.
C.
Every shopping cart owner shall permanently and prominently post and maintain cart removal warnings on an interior wall of the business premises within two feet of all customer entrances and exits. Any sign(s) posted must adhere to the City's sign ordinance.
D.
A description of the specific measures that the shopping cart owner shall implement to prevent cart removal from the premises. These measures may include, but are not limited to, electronic or other disabling devices on the carts so they cannot be removed from the premises, effective management practices, use of courtesy clerks to accompany customers and return carts to the store, use of security personnel to prevent removal, security deposit for use of cart, other demonstrably effective measures acceptable to the City Administrator, likely to prevent cart removal from the premises.
E.
A description of an ongoing employee training program that shall be implemented by the shopping cart owner and that shall be designed to educate new and existing employees on the abandoned cart prevention plan and conditions contained therein at least annually.
F.
A plan for retrieval of abandoned carts by the shopping cart owner within a 24-hour time period of removal.
G.
A description of the method by which every retrieved cart will be sanitized prior to customer use.
(Ord. 5996, 2021)
§ 9.94.080 Plan Approval or Denial.
A.
Each shopping cart owner shall submit an abandoned cart prevention plan in compliance with this chapter no later than July 1, 2021 or within 30 days of opening their business thereafter. The City Administrator is authorized to approve, conditionally approve, or deny the proposed plan. An abandoned cart prevention plan must be implemented by the shopping cart owner no later than 30 days from the date of notification of the approval or conditional approval.
B.
The City Administrator may deny a plan based upon any of the following grounds:
1.
Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, police or other municipal codes, or any county, state, or federal law which substantially affects public health, welfare or safety.
2.
The plan fails to include all the information required by this chapter.
3.
The plan is insufficient or inadequate to prevent removal of carts from the business owner's premises.
4.
The plan fails to address any special or unique conditions due to the geographical location of the business premises as they relate to cart retention and prevention efforts.
5.
Implementation of the plan would violate another City policy or requirement of this Code.
6.
The shopping cart owner has knowingly made a false statement of fact, or omits a fact required to be revealed in an application for a plan, or in any addendum or report or other information required to be provided regarding the plan.
C.
If the plan is rejected as incomplete or inadequate, the City Administrator will indicate the areas of incompleteness or inadequacy, and the shopping cart owner shall have an additional 30 days in which to resubmit a corrected plan.
D.
The City Administrator's denial of a plan shall be the final administrative decision. Any time subsequent to the City Administrator's approval of an abandoned cart prevention plan, the shopping cart owner may request a modification of a previously approved plan to address a change in circumstances, an unanticipated physical or economic impact of the plan, or a need to modify an ineffective plan.
(Ord. 5996, 2021)
§ 9.94.090 Exemption From Mandatory Plan.
A.
Any shopping cart owner may request an exemption on an annual basis from the requirements of this chapter if the owner provides written documentation and demonstrates to the satisfaction of the City that the cart owner has contracted with a licensed cart retrieval service, or a physical device or mechanism in place or a management practice currently implemented that prevents the unauthorized removal of carts from the cart owner's premises.
B.
A written application for the exemption shall include all of the following:
1.
The name of the shopping cart owner and the name of the business; the physical address where the business is conducted; and the name, address and phone number of the shopping cart owner; the method, management practice, or physical device that will ensure that the carts will not leave the premises.
C.
Any exemption granted to a shopping cart owner shall be void upon the sale or transfer of ownership of the business. Any owner granted an exemption from the abandoned cart prevention plan shall file with the City Administrator, a written application for a one year renewal of the exemption annually in accordance with the provisions of Section 9.94.100. The written application for a renewal of the exemption shall include the information required to be submitted in the initial application for the exemption in accordance with the provisions of this section.
(Ord. 5996, 2021)
§ 9.94.100 Denial or Revocation of a Renewal of an Exemption.
An application for a renewal of an exemption may be denied or revoked by the City Administrator upon any of the following grounds:
A.
Any of the shopping cart owner's carts have been abandoned on public or private property, or in a right-of-way for longer than three business days after notification by the City on three occasions in any six month period.
B.
The shopping cart owner has failed to comply with any of the provisions of this chapter.
C.
The shopping cart owner knowingly makes a false statement of fact or omits a fact required to be revealed in an application for the exemption, or in any amendment or report or other information required to be made.
(Ord. 5996, 2021)
§ 9.94.110 City Retrieval of Carts.
The City may retrieve an abandoned cart from public property (or private property with the consent of the property owner) in any of the following circumstances:
A.
Immediately when the shopping cart is left unattended in a location that could impede emergency services.
B.
Immediately when the abandoned cart is left unattended and does not identify the shopping cart owner as required in Section 9.94.060.
C.
When the City has notified the shopping cart owner to remove the abandoned cart left unattended and the cart has not been retrieved within 72 hours.
(Ord. 5996, 2021)
§ 9.94.120 Impoundment, Retrieval, Payment of Costs.
A.
Where the City has not already provided notice to the shopping cart owner that an abandoned cart needs to be retrieved, the City shall notify the owner that the City has impounded their cart and provide information as to the cart's location, how the cart may be retrieved, that failure to retrieve the cart may result in the cart's sale or destruction, that the owner will be responsible for the City's costs, and that the City may fine the owner prescribed under state law. In the case of a cart that does not provide adequate identification or markings to determine its owner, the City shall only be required to notify the shopping cart owner if the City obtains actual knowledge of the owner's identity.
B.
If a cart is not retrieved by its shopping cart owner within 30 days after the owner has received notice of the cart being impounded, or if the shopping cart's owner cannot be determined, within 30 days after the cart has been impounded, the cart may be sold or destroyed by the City.
C.
No cart shall be released to its owner under the procedures in this section unless the shopping cart owner pays a fee for the City's actual costs to retrieve and store the cart. The City's costs to retrieve and store shall be provided in the Master Fee Schedule.
(Ord. 5996, 2021)
§ 9.95.010 Purpose.
The purpose of the regulations and standards in this chapter are to allow increased business and pedestrian traffic by providing safe and visually appealing opportunities for outdoor dining.
(Ord. 4820, 1993)
§ 9.95.020 Outdoor Dining - Defined.
means the use of City sidewalks and public rights-of-way for the consumption of food or beverages in conjunction with the operation of a food service establishment properly licensed for such service under state and county health regulations and which provides on-premises customer seating.
(Ord. 4820, 1993)
§ 9.95.030 Outdoor Dining License Required.
A.
Outdoor dining is not allowed without an outdoor dining license agreement with the City as set forth in this chapter.
B.
The owner or operator of a business or service which includes outdoor dining shall maintain such operation in compliance with all provisions of the outdoor dining license and the administrative regulations approved pursuant to this chapter.
(Ord. 4820, 1993; Ord. 5130, 1999)
§ 9.95.040 Where Outdoor Dining in Public Rights-of-Way Permitted.
Outdoor dining is not permitted where, in the opinion of the City Engineer, the speed, volume or nearness of vehicular traffic is not compatible with outdoor dining. All outdoor dining areas must be adjacent to and incidental to the operation of a food service establishment providing on-premises customer seating properly licensed for such service pursuant to state and county health regulations. Use of the sidewalk or public right-of-way must be confined to the actual sidewalk and public right-of-way frontage of the restaurant or food service building.
(Ord. 4820, 1993)
§ 9.95.050 Sidewalk Required to Accommodate Pedestrian Traffic.
Outdoor dining is permitted only where, in the opinion of the City Engineer, the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed outdoor dining. Along State Street, between Cabrillo Boulevard and Victoria Street, the outdoor dining area shall leave not less than eight consecutive feet of sidewalk width which is clear and unimpeded at all points for pedestrian traffic. Outdoor dining operations must maintain adequate clearance for all normal uses of the sidewalk and any special or occasional uses that may arise from time to time.
(Ord. 4820, 1993; Ord. 5013, 1997; Ord. 5047, 1998; Ord. 5130, 1999)
§ 9.95.060 Alcoholic Beverage Restrictions.
The service of alcoholic beverages shall be restricted solely to on-premises consumption by customers within the outdoor dining area. Each of the following standards apply to outdoor dining areas which provide alcoholic beverage service:
A.
The outdoor dining area must be immediately adjacent to and abutting an indoor restaurant which provides food and beverage service;
B.
The outdoor dining area must be clearly and physically separated from pedestrian traffic;
C.
The operator shall post a written notice to customers that the drinking or carrying of an open container of alcohol is prohibited outside the outdoor dining area;
D.
The outdoor dining operations must be duly licensed by the state Department of Alcoholic Beverage Control.
(Ord. 4820, 1993)
§ 9.95.070 Special Closures.
Outdoor dining is an interruptible or terminable license granted by the City pursuant to a contract. The City shall have the right and power, acting through the City Engineer, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area or right-of-way. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area. To the extent possible, the licensee shall be given prior written notice of any time period during which the operation of the outdoor dining area will be prohibited by the City.
(Ord. 4820, 1993)
§ 9.95.080 Issuance of License.
The City Engineer may issue an outdoor dining license pursuant to administrative regulations issued by the Public Works Director and approved by resolution of the City Council. At a minimum such regulations shall determine and require the following:
A.
The approval and execution of a standard license agreement in a form acceptable to the City Attorney;
B.
Proof of insurance naming the City as an additional insured acceptable to the Risk Manager;
C.
Special site conditions as needed or desirable;
D.
Whether the design for seating and signage meets the minimum standards of the established administrative regulations;
E.
Such other conditions as are necessary for public safety or to protect public improvements, such as the posting of appropriate security to guarantee the restoration of the right-of-way upon termination of the license;
F.
Conditions necessary to restore the appearance of the sidewalk or right-of-way on termination of use;
G.
Compliance with the applicable City building, zoning and design review requirements, particularly those requirements with respect to automobile parking;
H.
Payment of an annual license fee for use of the sidewalk or right-of-way in an amount established by resolution of the City Council;
I.
The payment of an appropriate license application fee in an amount established by resolution of the City Council;
J.
Adequate setback and clearances for all expected pedestrian uses of the sidewalks, as well as for unusual or occasional public uses that can be anticipated.
(Ord. 4820, 1993; Ord. 5130, 1999; Ord. 5891, 2019)
§ 9.95.090 Term and Renewal.
The maximum term of an outdoor dining license is one year; thereafter, the City Engineer may extend the license for additional periods, not to exceed one year each, following review and approval of the operation. If the City
Engineer considers additional or revised conditions desirable, such new conditions may be imposed upon the extension, including the imposition of a license renewal fee.
(Ord. 4820, 1993)
§ 9.96.010 Definitions.
The following definitions apply to the interpretation of this chapter.
Any full- or part-time employee of the City or an independent contractor retained by the City for the purpose of implementing this chapter.
Any and all personal property cumulatively not more than four cubic feet in volume or an amount of property capable of being carried within a large capacity backpack, whichever is greater.
Any and all personal property that cumulatively exceeds the amount of property defined as essential personal property.
Has the meaning as defined in Section 1.04.110 of this Code. However, for purposes of this Chapter, personal property does not include:
Property that is owned, managed, or maintained by the City, including, but not be limited to, any public street, sidewalk, plaza, parking lot, park, beach, building, or structure.
To put aside or accumulate for use or to put for safekeeping, or to place or leave for more than four hours. Placement of personal property for collection and disposal by a franchise waste hauler in accordance with Chapter 7.16 of this Code is not considered storing or storage as used in this chapter. Authorized placement of personal property in accordance with posted rules and regulations for use of public areas is not considered storing or storage as used in this chapter. Moving personal property to another location in the same or adjacent public area within any 24 hour period, or returning personal property to the same block on a daily or regular basis, shall be considered storing and shall not be considered to be removing the personal property from a public area.
Any facility, whether operated by a public, non-profit, or private provider, that allows and has capacity for voluntary storage, free of charge, of essential personal property.
Personal property is unattended when there is no person present who asserts or claims ownership over the personal property. Indicia of unattended personal property includes, but is not limited to, the act of leaving the personal property in a public area so that it may be appropriated by the next comer. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.
(Ord. 6113, 2023)
§ 9.96.030 Storage of Personal Property Prohibited.
A.
It is unlawful to do any of the following:
1.
Store any unattended personal property in a public area;
2.
Store any attended excess personal property in a public area that cannot be immediately moved;
3.
Leave attended or unattended for any period of time any personal property in a crosswalk; curb ramp; pedestrian pathway; on-or off-street area designed or designated for parking of vehicles of any type; business entryway; bicycle lane; travel lane of any street; landscaped or planted area of a street or sidewalk; area within 10 feet of a fire hydrant; railroad crossing; bus stop; or public area so as to obstruct City operations, including street or sidewalk maintenance, repair or cleaning;
4.
Leave attended or unattended for any period of time any personal property in a public area in such a manner that interferes with an accessible pathway for persons with disabilities established under federal or state law, including the Americans with Disabilities Act of 1990 (Pub. L. No. 101-336), and California Civil Code Sections 54 and 54.1;
5.
Store any personal property within five feet of any operational and utilizable entrance, exit, driveway or loading dock;
6.
Leave attended or unattended for any period of time any personal property in a public area in such a manner that obstructs or interferes with any activity in the area for which the City has issued a permit;
7.
Attach, chain, or tie any personal property to any public property, including, but not limited to, a pole, bench, news rack, bicycle rack, trash can, sign, tree, mailbox, or fence;
8.
Leave any personal property in a public park, building, parking lot, or other facility during any time that the facility is closed to the public.
B.
Nothing in this section precludes storage of personal property on private property or on public areas when the storage is authorized by a permit or license issued by the City.
(Ord. 6113, 2023)
§ 9.96.040 Abatement of Stored Personal Property.
A.
Personal property stored in violation of Section 9.96.030 is a public nuisance and may be abated as provided in this section.
1.
With pre-removal notice as specified in Section 9.96.050.A, the City may impound any unattended personal property stored in a public area in violation of Section 9.96.030.A.1.
2.
With pre-removal notice as specified in Section 9.96.050.A, the City may impound any attended excess personal property stored in a public area, stored in violation of Section 9.96.030.A.2.
3.
Without pre-removal notice, the City may move and/or impound any personal property that is left attended or unattended in violation of Section 9.96.030.A, paragraphs 3, 4, 5, 6, 7, or 8.
B.
Nothing in this chapter is intended to preclude any peace officer or City employee from immediately removing or otherwise disposing of any personal property in a public area when the officer has reasonable cause to believe from the totality of the circumstances that the property presents an immediate threat to public safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband.
(Ord. 6113, 2023)
§ 9.96.050 Pre- and Post-Removal Notice.
A.
Pre-Removal Notice. Except when immediate removal is authorized by Section 9.96.040, unattended personal property stored in violation of this chapter shall be impounded only after a pre-removal notice is left at or near the location of the personal property. Pre-removal notice shall be deemed provided if a written notice is directly delivered to the person who is storing or claims ownership of the personal property or is posted conspicuously on or near the personal property and the actual removal commences no less than four hours after the pre-removal notice is posted. The written notice shall contain the following:
1.
A general description of the personal property to be removed;
2.
The location from which the personal property will be removed;
3.
The date and time the notice was posted;
4.
A statement that the personal property has been stored in violation of the specific code section;
5.
A statement that the personal property may be impounded if not removed from public areas within four hours;
6.
A statement that moving personal property to another location in a public area shall not be considered removal of personal property from a public area;
7.
The address where the removed public property will be located and may be recovered, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property as well as information as to voluntary storage location(s);
8.
A statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.
B.
Post-Removal Notice. Upon the removal of stored personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written notice shall contain the following:
1.
A general description of the personal property removed;
2.
The date and approximate time the personal property was removed;
3.
A statement that the personal property was stored in a public area in violation of the specific code section;
4.
The address where the removed personal property will be located and may be recovered, including a telephone number and internet website of the City through which a person may receive information regarding recovery of impounded personal property;
5.
A statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.
C.
A notice required by this section shall be printed or written on durable paper or card stock not less than five inches by seven inches. The pre-removal notice required by subsection A of this section shall be in English and Spanish. The post-removal notice of the address where the removed property will be located and may be recovered, including a telephone number and internet website of the City through which a person may receive information regarding recovery of the impounded personal property, and the warning that property not recovered may be destroyed or discarded shall be in English and Spanish.
(Ord. 6113, 2023)
§ 9.96.060 Storage and Disposal.
A.
Except as specified herein, the City shall move personal property to a storage facility.
B.
Except as specified herein, the City shall store impounded personal property for 90 days, after which time, if not claimed, it may be discarded. The City shall not be required to undertake any search for, or return, any impounded personal property stored for longer than 90 days.
C.
Any personal property may be disposed of immediately and without notice when such property is perishable or is contraband, or constitutes an immediate threat to the public health or safety.
(Ord. 6113, 2023)
§ 9.96.070 Repossession.
The owner of impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership. A person may establish satisfactory proof of ownership by, among other methods, describing the location from and date when the personal property was impounded from a public area, and providing a reasonably specific and detailed description of the personal property. Valid, government-issued identification is not required to claim impounded personal property.
(Ord. 6113, 2023)
§ 9.97.010 Sitting or Lying on Public Sidewalks in Certain Downtown Areas of State Street and a Portion of Milpas Street Corridor.
A.
Prohibition. No person shall sit or lie down upon a public sidewalk or public paseo, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk or public paseo, during the hours between 7:00 a.m. and 2:00 a.m. of the following day in the following locations: (1) along the first 13 blocks of State Street from Cabrillo Boulevard to and including the 1300 block of State Street; (2) along the 00 to 100 block of E Haley Street; (3) along S Milpas Street between Calle Puerto Vallarta and Carpinteria Street, including the U.S. Route 101/Milpas roundabout located at the intersection of U.S. Route 101, S Milpas Street and Carpinteria Street; (4) along Cacique Street between S Milpas Street and S Alisos Street; and (5) along N Milpas Street from Carpinteria Street to and including E Canon Perdido Street.
For the purposes of this subsection A, the terms "public sidewalk or public paseo" shall also include those public pedestrian sidewalks or public paseos which serve as access to and from State Street and the City parking facilities adjacent to State Street within the designated blocks, which shall also specifically include the area known as "Storke Placita," as well as the railings, statues, sculptures, or planter areas within the designated blocks.
B.
Exceptions. The prohibitions of subsection A shall not apply to any person or persons:
1.
Who is sitting or lying down on a public sidewalk due to a medical emergency;
2.
Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk;
3.
Who is operating or patronizing a commercial establishment conducted on the public sidewalk or who is participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable parade permit issued by the City in accordance with this Code.
Nothing in any of these exceptions shall be construed to permit any conduct which is otherwise prohibited by this Code.
C.
Scope. Nothing herein shall be deemed to apply the requirements of subsection A to the following:
D.
Prior Warning. No person shall be prosecuted for a violation of this chapter unless the person engages in conduct prohibited by this chapter after having been notified by a law enforcement officer or other City-designated volunteer or employee that the conduct violates this chapter.
(Ord. 5009, 1997; Ord. 5690, 2015; Ord. 5848, 2018; Ord. 5948, 2020; Ord. 6008, 2021)
§ 9.98.010 Unlawful.
No person shall stand, or sit, or congregate in or upon any street, sidewalk or crosswalk in the City with the intent to hinder or obstruct the free passage of pedestrians thereon, or to annoy or molest such pedestrians, or to block the entrance to a building, and refuse to disperse after having been ordered to do so by the police when the police reasonably believe an immediate threat to public safety is present.
(Ord. 3162 §1, 1966; Ord. 5691, 2015)
§ 9.98.030 Penalty for Violation.
Any person who violates the provisions of this chapter is deemed guilty of a misdemeanor and shall be punished by a fine of not exceeding $500.00 or imprisonment for a term of not exceeding six months, or by both such fine and imprisonment.
(Ord. 3162 §3, 1966)
§ 9.99.010 Definitions.
As used in this chapter, the following terms and phrases shall have the indicated meanings:
All expressive and symbolic conduct, whether active or passive, which shall include, but not be limited to, protesting, picketing, distributing literature, and engaging in oral or silent protest, education or counseling activities.
That portion of a street right-of-way (including a sidewalk) generally improved for the purposes of providing vehicular access to adjacent private property. At the request of a health care facility or place of worship, the City of Santa Barbara will indicate (such as through the use of painted lines) the perimeter boundaries of a driveway area.
Any medical or health facility, hospital or clinic within the City which is licensed under State law or any building, office or other place within the City regularly used by any health care provider licensed under State law to provide medical, nursing, or health care or advice to patients. A health care facility includes, but is not limited to, any buildings, appurtenances and grounds, entrances, parking facilities, and driveways.
A place of worship includes, but is not limited to, any buildings, appurtenances and grounds, entrances, parking facilities, and driveways where persons gather to worship when the same are used solely and exclusively for religious worship.
(Ord. 4812, 1993; Ord. 5108, 1999)
§ 9.99.020 Access to Driveway Areas.
No person shall conduct any demonstration activity within the driveway area or within eight feet of the driveway area of a health care facility or place of worship, provided however that it shall be lawful for a person to use a public sidewalk or street right-of-way adjacent to a health care facility or place of worship in order to traverse a driveway area. No person shall impede access to a driveway entrance of a health care facility or place of worship by any conduct which delays or impedes the flow of pedestrian or vehicular traffic in or out of such facility.
(Ord. 4812, 1993)
§ 9.99.030 Private Right of Action.
A.
Remedies. Any person who is seeking or intends to seek access to a health care facility or place of worship and is aggrieved by an act prohibited by this chapter may bring an action for damages, injunctive and/or declaratory relief, as appropriate, in a court of competent jurisdiction against any person who has violated, has conspired to violate or proposes to violate its provisions.
B.
Attorney fees - civil penalties. Any person who prevails in such an action shall be entitled to recover from the violator those damages, costs, attorneys' fees and such other relief as determined by the court. In addition to all other damages, the court may award to the aggrieved person a civil penalty of up to $1,000.00 for each violation.
C.
Remedies not exclusive. The remedies provided by this section are in addition to any other legal or equitable remedies the aggrieved person may have and are not intended to be exclusive.
(Ord. 4812, 1993)
§ 9.100.010 Purpose and Scope.
A.
Purpose. The purpose of this chapter is to encourage Alarm Users and alarm companies to properly use and maintain the operational effectiveness of Alarm Systems in order to improve the reliability of Alarm Systems and reduce or eliminate False Alarms.
B.
Application. This chapter governs Alarm Systems intended to summon law enforcement response; it requires registration, establishes fees, provides for penalties for violations of the chapter, and it establishes a system of administration for responding to Alarm Systems.
(Ord. 5329, 2004)
§ 9.100.020 Definitions.
All words and phrases used in this chapter which are defined in the California Private Investigator and Adjuster Act (the "Act," state California Business and Professions Code Section 7500 et seq.) shall have the same meaning as in said Act, and certain additional words and phrases used in this chapter are defined as follows:
A notification to a law enforcement agency that an alarm, either manual or automatic, has been activated at a particular Alarm site.
A person in the business of selling, providing, maintaining, servicing, repairing, altering, replacing, moving or installing an Alarm System in an Alarm Site.
Authorization granted by the Police Department to an Alarm User to operate an Alarm System.
A class conducted for the purpose of educating Alarm Users about the responsible use, operation, and maintenance of Alarm Systems and the problems created by False Alarms.
A single fixed premises or location served by an Alarm System or Systems. Each unit, if served by a separate Alarm System in a multi-unit building or complex, shall be considered a separate Alarm Site.
Any device or series of devices, including, but not limited to, hardwired systems and systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to summon law enforcement response. Alarm System does not include an alarm installed in a vehicle or on someone's person.
Any person who has contracted for monitoring, repair, installation or maintenance service from an Alarm Installation Company or Monitoring Company for an Alarm System, or who owns or operates an Alarm System which is not monitored, maintained, or repaired under contract.
A device designed for the detection of unauthorized entry on premises which generates a silent or audible sound on the premises when it is activated.
The Board of Fire and Police Commissioners of the City of Santa Barbara.
The process where response is terminated when a Monitoring Company for the Alarm Site notifies the responding law enforcement agency that there is not an existing situation at the Alarm Site requiring law enforcement agency response after an Alarm Dispatch Request.
An alarm signal, either silent or audible, necessitating response by the Police Department where an emergency situation for which the alarm system was designed or used does not exist. Activation of an audible alarm system for five seconds or less shall not be deemed a false alarm. Activation of an alarm system due to abnormal conditions (windstorms, downed trees, power outages caused by grid failure, and other natural disasters) beyond the control of the Alarm User shall not be deemed a false alarm.
The process by which a Monitoring Company receives signals from an Alarm System and relays an Alarm Dispatch Request to the Police Department for the purpose of summoning law enforcement to the Alarm Site.
A person in the business of providing Monitoring services.
An audible or silent Alarm System signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement and/or medical response.
An individual, corporation, partnership, association, organization or similar entity.
An individual capable of reaching the Alarm Site and having access to the Alarm Site, the code to the Alarm System and the authority to approve repairs to the Alarm System.
The transaction or process by which an Alarm User takes over control of an existing Alarm System, which was previously controlled by another Alarm User.
(Ord. 4420, 1986; Ord. 5329, 2004)
§ 9.100.030 Alarm Installation Company Operators.
It is unlawful for any person required to have a valid state license as an alarm system operator issued by the Bureau of Security and Investigative Services per the Business and Professions Alarm Company Act to engage in the business of alarm company operator within the City without first filing a copy of the state license with the City of Santa Barbara and obtaining a Business License from the City.
(Ord. 4420, 1986; Ord. 5329, 2004)
§ 9.100.040 Alarm Installation Agents.
It is unlawful for any person required to have a state issued identification card as an alarm agent issued by the Bureau of Security and Investigative Services per the Business and Professions Alarm Company Act to act as an alarm agent within the City without first registering his or her name and filing a copy of the state identification card with the Police Department.
(Ord. 4420, 1986; Ord. 5329, 2004)
§ 9.100.050 Alarm Registration Required.
A.
Registration required. It is unlawful for any person to use, install or cause to be installed an Alarm System on any premises within the City without having first registered said Alarm System with the Police Department.
B.
Separate systems. A separate Alarm Registration is required for each Alarm Site.
C.
Transferability. An Alarm Registration cannot be transferred to another Person or Alarm Site. An Alarm User shall inform the Police Department of any change that alters any of the information listed on the Alarm Registration application within 10 business days of such change.
D.
Payment of penalties and fees. All penalties and fees owed by an applicant to the City must be paid in full before an annual Alarm Registration may be issued or renewed.
(Ord. 4420, 1986; Ord. 5329, 2004)
§ 9.100.060 Alarm Registration Application.
An application for an Alarm System permit shall be submitted to the Chief of Police and shall set forth the following information:
A.
The name, complete address, and telephone numbers of the Person who will be the registration holder and be responsible for the proper maintenance and operation of the Alarm System and payment of fees assessed;
B.
The classification of the Alarm Site as either residential (includes apartment, condo, mobile home, etc.) or commercial;
C.
For each Alarm System located at the Alarm Site, the classification of the Alarm System (i.e. Burglary, Holdup, Duress, Panic Alarms, or other) and for each classification whether such alarm is audible or silent;
D.
Any dangerous or special conditions present at the Alarm Site;
E.
The type of business conducted at a commercial Alarm Site;.
F.
The address at which the Alarm System is to be installed and used and hereinafter referred to as the Alarm Site.
G.
If the applicant is a corporation, the names and addresses of its principal officers.
H.
If the applicant is a partnership, association, or other business entity, the names and addresses of the partners or persons comprising the same.
I.
The names, addresses and telephone numbers of three or more persons who will be available to secure the premises during any hour of the day or night.
J.
If the application is for a commercial Alarm System, an on-site phone number must be provided at which an employee of the business can be reached before and after closing hours.
(Ord. 4420, 1986; Ord. 4908, 1995; Ord. 5329, 2004)
§ 9.100.070 Alarm Registration Duration and Renewal.
Each Alarm Registration shall be valid for a period of only one year and must be renewed annually by submitting an updated application and a registration renewal fee to the City of Santa Barbara. The Alarm User will be notified in writing by the City of the need to renew each registration not less than 30 days prior to the expiration of each registration. It shall be the responsibility of the Alarm User to submit an application and the appropriate fees prior to the registration expiration date. A late fee may be assessed if the renewal application fee is not paid within 30 days of the date of the registration expiration.
(Ord. 5329, 2004)
§ 9.100.080 Registration Fees.
A.
Fee resolution. The amount of the fee for an initial Alarm Registration or an Alarm Registration renewal shall be established in an Alarm System Fee Resolution adopted by the City Council. No partial refund of a registration or registration renewal fee will be made if an Alarm System is deactivated.
B.
Initial fee payment. The initial Alarm Registration fee for newly installed Alarm Systems must be submitted to the City within 10 days after the Alarm System installation or Alarm System Takeover.
C.
Renewal fees. The Alarm Registration renewal fees must be submitted to the City within 30 days of the date of renewal; failure to pay the Alarm Registration renewal fees will result in late fees, in an amount established by the City Council under Fee Resolution. Failure to register an Alarm System prior to the end of the Registration period will result in non-registered False Alarm fees for any False Alarms within this time. False Alarms emitted during an expired Registration period shall not be excused.
D.
Panic alarm registration. Registration for Panic Alarms will be free of charge but still subject to fines as they relate to False Alarms.
(Ord. 5329, 2004)
§ 9.100.090 Duties of the Alarm User.
A.
Alarm user responsibilities. An Alarm User shall be responsible for the following:
1.
To maintain the Alarm Site and the Alarm System in a manner that will minimize or eliminate False Alarms; and
B.
Inspection requirement. An Alarm User shall have a licensed Alarm Installation Company inspect the Alarm System after two False Alarms in a one year period. After four False Alarms within a one year period, the Alarm User must have a licensed Alarm Installation Company modify the Alarm System to be more false alarm resistant or provide additional user training as appropriate.
C.
Limit on audible alarms. An Alarm User shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an Alarm Site will sound for no longer than 10 minutes after being activated.
D.
Permissible alarm sounds. No alarm shall be installed or used which emits a sound which is similar to that of an emergency vehicle siren or a civil defense warning system.
(Ord. 5329, 2004)
§ 9.100.100 Duties of the Alarm Installation Company and Monitoring Company.
B.
A Monitoring Company shall be responsible for the following:
1.
To report alarm signals by using telephone numbers designated by the Police Department;
2.
To communicate any available information about the location on all alarm signals related to the Alarm Dispatch request;
3.
After an Alarm Dispatch Request, to promptly advise the law enforcement agency if the Monitoring Company knows that the Alarm User or the Responder is on the way to the Alarm Site.
C.
An Alarm Installation Company or a Monitoring Company that purchases Alarm System accounts from another Person shall notify the Alarm User of their duty to register their alarm system with the Police Department.
(Ord. 5329, 2004)
§ 9.100.110 Alarm School.
Alarm Users who have three or more false alarms within a 12-month Registration period will be eligible to attend Alarm School at which time a waiver will be given to the Alarm User excusing one False Alarm. The purpose of said class is to inform Alarm Users of the problems created by False Alarms and teach Alarm Users how to avoid generating False Alarms. Alarm Users with three or more false alarms can attend one of two sessions per year to waive one False Alarm.
(Ord. 5329, 2004)
§ 9.100.120 Warning Letters and Penalties.
A.
Warning letters. If an alarm system emits a false alarm, a warning letter directed to the Alarm User will be issued by the Police Department.
B.
Civil penalties for false alarms. Each registered Alarm User shall pay civil penalties for each False Alarm beginning with the third False Alarm in a 12-month registration period. The penalty will be based on a penalty schedule approved by resolution of the City Council adopted concurrently with the enactment of this chapter.
C.
Non-registered alarm users. Each non-registered Alarm User shall be directed to register their Alarm System with the Police Department. The registration fee shall be based on a schedule approved by resolution of the City Council adopted concurrently with the enactment of this chapter.
D.
Non-registered false alarm penalties. Each non-registered Alarm User shall pay a civil penalty for each False Alarm beginning with the first False Alarm. The penalties will be based on a fee schedule approved by City Council resolution.
E.
Cancellation of an alarm. If Cancellation occurs prior to law enforcement arriving at the scene, it shall not be considered a False Alarm for the purpose of the imposition of penalties, and no penalties shall be assessed.
F.
Written notification of false alarms. The Chief of Police shall notify the Alarm User in writing after each False Alarm. The notification shall include the following: (1) if applicable, the amount of the penalty for the False Alarm; (2) when applicable, a notice that the Alarm User can attend Alarm School to waive a penalty; and (3) a description of the appeals procedure available to the Alarm User pursuant to Section 9.100.130.
(Ord. 4420, 1986; Ord. 5329, 2004)
§ 9.100.130 Right of Appeal.
A.
Right to appeal; notice of appeal. The action of the Police Chief notifying an Alarm User of a civil penalty and imposing the penalty may be appealed to the Board by filing written notice of appeal with the City Clerk within 15 days after the date appearing on the Warning Letter issued pursuant to Section 9.100.120.
B.
Hearing and determination. The Board shall hear and determine such an appeal at its next regular meeting following filing of the appeal. Written notice of the time and place of hearing shall be served on the Alarm User not less than seven days prior to the date of the scheduled Board appeal hearing. Upon conducting a hearing regarding the appeal, the Board may uphold, reverse, or modify the Police Chief's decision. The procedures for the conduct of an appeal hearing held by the Board pursuant to this section shall be those procedures established in Section 1.25.100. An affirmative vote of a majority of the membership of the Board shall be required to reverse or modify any decision ordered by the Police Chief. The decision of the Board shall constitute a final administrative decision regarding the appeal and the imposition of the civil penalty.
C.
Billing for penalties. Not less than once a year, the Chief of Police shall certify to the Finance Director of the City the following information: (1) the names of those Alarm System users for which civil penalties have been imposed; (2) the address of Alarm Systems for which false alarms have emanated and for which penalties have been imposed; and (3) the amount of the penalties then due the City from such Alarm System users, which penalties have either not been appealed to the Board pursuant to this section or for which the Board, after conducting the required appeal hearing, has upheld the imposition of penalties under this chapter.
Thereafter, the Finance Director shall bill the Alarm Users for all penalty amounts duly imposed pursuant to this chapter.
D.
Collection of unpaid penalties. Those penalties which remain unpaid after billing pursuant to subsection C above may be collected as a lien against the real property upon which the Alarm System is located, provided the pre-conditions and the due process procedures provided for such manner of collections as established in subsections B and C of Section 1.25.130 are duly followed. For the purposes of this section, the term "Director" as used in Section 1.25.130 shall be deemed to be the Chief of Police.
E.
Right of judicial review. An Alarm User or affected real property owner shall have the rights described in Section 1.25.120 to obtain judicial review of any action of the Chief of Police or of the Board taken pursuant to this chapter, including, but not limited to, actions taken to impose civil penalties.
(Ord. 4420, 1986; Ord. 5329, 2004)
§ 9.100.140 Confidentiality.
In the interest of public safety, all information contained in and gathered through Alarm Registration applications, applications for appeals, and Alarm User lists shall be held in confidence by all employees or representatives of the municipality and by any third-party administrator or employees of a third-party administrator with access to such information to the full extent allowed by law.
(Ord. 5329, 2004)
§ 9.114.010 Short Title.
This chapter shall be known as the Police Reserve Corps Ordinance of the City of Santa Barbara.
(Ord. 3010 §1, 1964)
§ 9.114.020 Establishment, Composition and Compensation.
There is hereby established in and for the City of Santa Barbara a Police Reserve Corps, hereinafter referred to as the "Corps." The Corps is so established as a voluntary organization composed of persons to be appointed by the Chief of Police hereinafter referred to as the "Chief." Each and all of the persons so appointed and composing the Corps shall serve gratuitously with the following exceptions.
A.
Such reserve members may be reimbursed in the manner provided by law, in the amount of one complete work uniform excluding gun, handcuffs and all leather goods after six months of satisfactory attendance, performance and service. Upon reimbursement, the complete uniform shall become the property of the Santa Barbara Police Department and is to be returned on termination or resignation from the Corps.
B.
Whenever in his or her judgment an actual compelling emergency situation or situations arise or exist and the regular force be inadequate, the Chief may assign members of the Corps to such duties as he or she may prescribe, provided that where practicable and advance time permits, the approval of the City Administrator shall be obtained. Such services may be compensated for in an amount commensurate with compensation paid to order local auxiliary Police forces.
C.
When the Chief directs a member of the Corps to perform a special duty and the City receives reimbursement of the cost of that duty from the party who requested that special duty, the member shall receive compensation at the rate established by the City.
The Chief shall have complete authority and control over the Corps. The membership of the Corps shall not exceed 50, excluding Technical Reserves. The Chief may appoint as members of the Corps, any persons whom he or she deems to be qualified and he or she may reject any application for membership.
D.
In accordance with FLSA Regulation 29 C.F.R., Sections 553.106(a) and (e), any Reserve Officer who fulfills the monthly minimum requirements as prescribed by the Chief of Police and is otherwise in good standing to include current weapons qualification, will receive a "Nominal Fee" of $50 for that month. An additional $50 stipend will be paid to any Reserve Officer serving in a leadership position of Lieutenant or Sergeant, providing they have met the conditions above, in recognition of the increased duties and responsibilities associated with those positions.
(Ord. 4019, 1979; Ord. 4638, 1990)
§ 9.114.030 Function of the Corps.
The Corps shall function as a unit of the Police Department, and shall also function to assist regular Police Officers of the City in law enforcement and the maintenance of peace and order in all cases where, in the opinion of the Chief, it is impracticable to furnish adequate Police protection solely by means of the regular Police Officers of the City.
(Ord. 3010 §3, 1964)
§ 9.114.040 Training and Assignments.
The Chief shall provide for the training of candidates for membership in the Corps and for the further training of members of the Corps in all fields of Police activity, and for that purpose may assign such members to any of the various Police duties of the Police Department of the City.
(Ord. 3010 §4, 1964)
§ 9.114.050 Qualifications.
No person shall become a member of the Corps until he or she has taken the training and is able to meet all other requirements prescribed by the Chief for such membership. When so qualified, and when selected by the Chief, such member shall then be sworn in by the Chief, or his or her duly authorized representative, as a member of the Corps and shall take and file with the City Clerk the required loyalty oath.
(Ord. 3010 §5, 1964)
§ 9.114.060 Rules and Regulations.
In order to effectuate the purpose of the Corps, the Chief shall promulgate and establish rules and regulations to govern the Corps, including the fixing of specific duties of its members and providing for the maintenance of discipline. He or she may change such orders from time to time. Such rules and regulations shall be approved by the Fire and Police Commission and shall become effective upon the date of such approval.
(Ord. 3010 §6, 1964)
§ 9.114.070 Termination and Resignation from Membership.
The membership of any person in the Corps may be terminated by the Chief at any time, and any member of said Corps may resign from the Corps at any time upon notifying the Chief of Police in writing of his or her resignation at least 10 days prior to the effective date of such resignation.
(Ord. 3010 §7, 1964)
§ 9.114.080 Issuance of Identification.
When a selected and designated person has been duly sworn in and has subscribed and filed the required loyalty oath, a Police Identification Card, Civil Defense Identification Card, badge and cap piece, and such other insignia or evidence of identification as the Chief may prescribe shall be issued to such person who shall thereupon be a member of the Corps.
(Ord. 3010 §8, 1964)
§ 9.114.090 Carrying Arms.
No member of the Corps shall carry any firearm until he or she has qualified for and received authorization by the Chief. No reserve member shall carry a firearm except while on, and to and from a duty status. All members of the Corps when on duty shall carry the regulation Police baton unless otherwise instructed by the Chief.
(Ord. 3010 §9, 1964)
§ 9.114.100 Authority.
A member of the Corps when on duty as assigned by the Chief or his or her duly authorized representative, shall have the authority to direct traffic in accordance with the provisions of the ordinances of the City and the laws of the State of California, and shall have the same general power of arrest as regular personnel of the Police Department, subject, however, to any limitation which the Chief or his or her duly authorized representative may impose. Provided, however, when in off-duty status, a member of the Corps shall have the same general power of arrest as that of a private citizen of this State.
(Ord. 3010 §10, 1964)
§ 9.114.110 Increasing or Decreasing Membership.
Subject to the provisions of Section 9.114.020, the Chief may by order diminish or expand the membership of the Corps at any time as in his or her discretion may be required.
(Ord. 3010 §11, 1964)
§ 9.114.120 Uniform, Sidearms, Belt, Holster, Etc.
A.
The uniform for members of the Corps shall be similar to but with distinguishing difference to the uniform worn by members of the regular Police Department, and arms carried by members are to be carried in the regulation Police Sam Brown belt and holster, as approved by the Chief. Insignia, identification, baton and badge shall be furnished by the City and shall be and remain the property of the City.
B.
The uniform, badge, cap piece, insignia (other than identification card), gun, belt, holster and baton shall be carried only while the member carrying same is on duty as assigned by the Chief.
(Ord. 3010 §12, 1964)
§ 9.114.130 Not Members of City Police Department.
The members of the Corps shall not for any purpose be deemed to be members of the Police Department of the City.
(Ord. 3010 §13, 1964; Ord. 3084 §1, 1965)
§ 9.114.140 Protection and Benefits.
Each member of the Corps, when engaged in the performance of duties to which he or she may be duly and regularly assigned as provided in this chapter, shall be entitled to the protection and benefits of the California Workmen's Compensation and Insurance Act (Division 4, Labor Code). For purposes of this Act, members of the Corps who serve without pay or other consideration shall be registered as disaster service workers and be entitled to benefits under such act as disaster service workers.
(Ord. 3010 §13, 1964; Ord. 3084 §1, 1965)
§ 9.114.150 Misrepresentation Unlawful.
It is unlawful for any person (other than a regular Police Officer of the City) who is not a member of the Corps to wear, carry or display any identification card, badge, cap piece, uniform or insignia of the Corps, or in any manner to represent him or herself to be connected with the Corps.
(Ord. 3010 §14, 1964)
§ 9.114.160 Technical Reserves.
Individuals desiring to volunteer time to the Police Department in various capacities, such as Assistant Armorer, Crime Analyst, etc., may be assigned as Technical Reserves (Level 3). No weapons, uniforms, or compensation will be issued.
(Ord. 4638, 1990)
§ 9.116.010 Purposes.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons, property and the environment within this City in the event of an emergency or disaster; the direction of emergency organization; and the coordination of the emergency functions of the City with the County Operational Area, other public agencies or entities, and affected private persons, corporations, or organizations. Any expenditures made in connection with such Emergency Services activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants of the City.
(Ord. 3082, 1965; Ord. 5594, 2012)
§ 9.116.020 Definitions.
As used in this chapter, the following terms shall have the designated meanings:
The duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, civil unrest, drought, sudden and severe energy shortage, plant or animal infestation, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requiring extraordinary measures beyond the authority vested in the California Public Utilities Commission.
An intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area. Pursuant to Government Code Section 8559, each county is designated as an operational area. The operational area for the City of Santa Barbara is the County of Santa Barbara.
The system required to be established by Government Code Section 8607(a) for managing emergencies involving multiple jurisdictions and agencies.
The duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, civil unrest, drought, sudden and severe energy shortage, plant or animal infestation, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requiring extraordinary measures beyond the authority vested in the California Public Utilities Commission.
A condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent.
Any other term or phrase used herein which is not defined herein but is defined within the Emergency Services Act, Government Code Section 8550, et seq., shall have the meaning ascribed therein. |
(Ord. 3082, 1965; Ord. 5594, 2012)
§ 9.116.030 Emergency Services Council - Membership.
The Emergency Services Council is hereby created and shall consist of the following:
A.
The City Administrator, who serves as Director of Emergency Services, shall be Chair.
B.
The Emergency Services Manager, who serves as Vice-Chair.
C.
The Chief of Police, the Fire Chief, the Director of Public Works, and such representatives of departments, services or divisions as are designated by the City Administrator.
D.
Such representatives of the community as may be appointed by the City Administrator with the consent of the City Council.
(Ord. 3082, 1965; Ord. 3769, 1975; Ord. 4158, 1982; Ord. 5594, 2012)
§ 9.116.040 Emergency Services Council - Powers and Duties.
It shall be the duty of the Santa Barbara Emergency Services Council, and it is hereby empowered, to review and recommend for adoption by the City Council emergency preparedness and mutual aid plans and agreements, and such ordinances and resolutions and rules as are necessary to implement such plans and agreements. The Emergency Services Council shall meet upon call of the Director of Emergency Services, or in his or her absence from the City or inability to call such meeting, the Assistant City Administrator, or, in the absence or inability of both the Director of Emergency Services and the Assistant City Administrator, the Emergency Services Manager. The Emergency Services Council shall be responsible for the development of the City of Santa Barbara Emergency Management Plan which shall provide for the effective mobilization of all the resources of the City, both public and private, to meet any condition constituting a Local Emergency, State of Emergency, or State of War Emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. The Emergency Management Plan shall take effect upon adoption by resolution of the City Council.
(Ord. 3082, 1965; Ord. 4158, 1982; Ord. 5594, 2012)
§ 9.116.050 Director of Emergency Services - Powers and Duties.
The Director is hereby empowered:
A.
To ask the City Council to proclaim the existence of a local emergency, if the City Council is in session.
B.
To proclaim the existence of a local emergency, if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the City Council.
C.
To ask the Governor, through the Operational Area (County), to proclaim a state of emergency when, in the opinion of the Director, the resources of the City or the Operational Area are inadequate to respond to the emergency.
D.
To control and direct the effort of the Emergency Services Organization of the City for the accomplishment of the purposes of this chapter.
E.
To direct coordination and cooperation between divisions, services and staff of the Emergency Services Organization of the City and to resolve questions of authority or responsibility that may arise between them.
F.
To use all City resources for the preservation of life and property and to reduce the effects of the emergency.
G.
To represent the Emergency Services Organization of the City in all dealings with the public or private agencies pertaining to emergency services.
(Ord. 3082, 1965; Ord. 5594, 2012)
§ 9.116.060 Powers of Director During an Emergency.
In the event a local emergency is proclaimed as provided in this chapter, or a state of emergency or a state of war emergency is proclaimed by the Governor or the Director of the California Office of Emergency Services, the Director is empowered:
A.
To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergencies, provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council.
B.
To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people and bind the City for the fair value thereof, and if required immediately, to commandeer the same for public use.
C.
To require emergency services of any City officer or employee and, in the event of the proclamation of a state of emergency by the Governor in the region in which this City is located, to command the aid of as many citizens of this community as he or she thinks necessary in the execution of his or her duties; and such persons shall be entitled to all privileges, benefits and immunities as are provided by State law for registered Emergency Services volunteers.
D.
To requisition necessary personnel or material of any City department or agency.
E.
To execute all of his or her ordinary power as City Administrator, all of the special powers conferred upon him or her by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him or her by any statute, agreement approved by the City Council, or by any other lawful authority, and in conformity with Section 38791 of the Government Code, to exercise complete authority over the City and to exercise all Police power vested in the City by the Constitution and general laws.
(Ord. 3082, 1965; Ord. 5594, 2012)
§ 9.116.070 Emergency Services Organization.
A.
All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of Section 9.116.060.C be charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the Emergency Services Organization of the City of Santa Barbara.
B.
All volunteer forces enrolled to aid the City during an emergency will sign an oath and work as a disaster services worker for the duration of the incident in accordance with California Government Code Sections 3100-3109.
(Ord. 3082, 1965; Ord. 5594, 2012)
§ 9.116.080 Divisions, Services and Staff of the Emergency Services Organization.
The City Council shall pass a resolution adopting the City of Santa Barbara Emergency Management Plan and Local Hazard Mitigation Plan (Federal Disaster Management Act 2000). The Emergency Management Plan shall set forth the form of the Emergency Services Organization, establish and designate divisions and services, assign functions, duties and powers, and designate officers and employees. The Local Hazard Mitigation Plan will outline the natural, technological, and intentional threats to the City. Insofar as possible, the form of organization, titles and terminology shall conform to the state Standardized Emergency Management System (SEMS) and the recommendations of the counterpart Emergency and Disaster Agencies of the Federal Government and the State of California.
(Ord. 3082, 1965; Ord. 4158, 1982; Ord. 5594, 2012)
§ 9.116.090 Line of Succession for Mayor During Emergency.
The line of succession for the position of Mayor, in the case of the absence or disability of the Mayor during a state of emergency, a state of war emergency, a local emergency, or other conditions of disaster, shall commence with the Mayor Pro Tempore and continue through the members of the City Council by seniority. If two members of the City Council have equal seniority, the member whose last name comes earlier alphabetically shall serve as Mayor.
(Ord. 5594, 2012)
§ 9.116.100 Emergency Operation Centers.
Unless exigencies render the same impossible or unduly hazardous, the primary emergency operation center shall be maintained at Fire Station One. The alternate emergency operation center and subsequent disaster operation center are described in the City's Emergency Management Plan. Also, the checklist for setting up the emergency operation center and calling back personnel is specified in the Emergency Management Plan and emergency operation center activation plan.
(Ord. 5594, 2012)
§ 9.116.110 Punishment of Violations.
It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for any person during a disaster:
A.
Wilfully to obstruct, hinder or delay any member of the Emergency Services Organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him or her by virtue of this chapter.
B.
To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this City, or to prevent, hinder or delay the defense or protection thereof.
C.
To wear, carry or display, without authority, any means of identification specified by the Emergency Services Agency of the State.
(Ord. 3082, 1965; Ord. 5594, 2012)
§ 9.118.010 Authority of Board of Fire and Police Commissioners and Board of Civil Service Commissioners to Issue Subpoenas.
The Board of Fire and Police Commissioners and Board of Civil Service Commissioners created by the Charter may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding before them.
(Prior code §2.75)
§ 9.118.020 Signing, Attestation and Service.
Subpoenas issued by this chapter shall be signed by the City Administrator and attested by the City Clerk. They may be served as subpoenas are served in civil actions.
(Prior code §2.76)
§ 9.118.030 Subpoena Duces Tecum - Affidavit, Prerequisite to Issuance.
Subpoenas for the production of books or other documents for evidence shall not be signed by the City Administrator, unless the proposed subpoena is accompanied by an affidavit specifying the matters or things desired to be produced, and setting forth in full detail, the materiality thereof, to the issues involved in the action or proceeding, and stating that the witness has the desired matters or things in his or her possession or under his or her control.
(Prior code §2.77)
§ 9.118.040 Service of Affidavit - Validity.
The service of a subpoena duces tecum is invalid, unless at the time of such service, a copy of the affidavit upon which the subpoena was issued is served with the subpoena.
(Prior code §2.78)
§ 9.118.050 Testimony of Persons in Attendance Who Were Not Subpoenaed.
A person present at a hearing of either the Board of Fire and Police Commissioners or the Board of Civil Service Commissioners may be required to testify in the same manner as if he or she were in attendance upon a subpoena issued by such Board or Commission.
(Prior code §2.79)
§ 9.118.060 Failure to Obey Subpoena or to Testify.
If any person duly subpoenaed neglects or refuses to obey a subpoena or, appearing, refuses to testify or answer any questions which a majority of the Board decides are proper and pertinent, the City Administrator shall report the fact to a judge of the Superior Court of the County as contempt.
(Prior code §2.80)
§ 9.118.070 Issuance of Attachment of Person.
The judge shall issue an attachment directed to the sheriff of the county where the witness was required to appear and failed to do so as provided by Section 9.118.060, commanding him or her to attach the person, and forthwith bring him or her before the judge.
(Prior code §2.81)
§ 9.118.080 Jurisdiction After Attachment of Person.
On return of the attachment and production of the witness as provided by Section 9.118.070, the judge has jurisdiction.
(Prior code §2.82)
§ 9.118.090 Right of Person to Purge Himself of Contempt.
The right of a witness to purge him or herself of the contempt and the proceedings, penalties and punishment under this chapter shall be the same as if the contempt had been committed in a civil trial in a Superior Court.
(Prior code §2.83)
§ 9.126.010 Contractors' Obligation of Non-Discrimination.
Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, the "Contractor's Obligation for Non-Discriminatory Employment Certificate" as set forth in Section 9.126.020 of this Code is an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. City contracts and contract documents will contain reference to this section and Section 9.126.020.
(Ord. 3500, 1972; Ord. 5914, 2019)
§ 9.126.020 Contents of Certificate.
The "contractor's obligation for non-discriminatory employment" is as follows:
In performing the work of this contract, the Contractor agrees as follows:
A.
The Contractor will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy and childbirth, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (as those terms are defined by the California Fair Employment and Housing Act — Government Code Section 12900-12996), or based on political affiliation (as defined by California Labor Code Section 1102), unless based on a bona fide occupational qualification or as otherwise provided in Sections 12900 - 12996 of the California Government Code. Contractor further agrees that:
1.
As used herein, "discrimination" includes harassment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy and childbirth, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (as those terms are defined by the California Fair Employment and Housing Act — Government Code Section 12900-12996), or political affiliation (as defined by California Labor Code Section 1102).
2.
As used herein, "discrimination" includes retaliation against a person who opposes, reports, or assists another person to oppose discrimination.
3.
The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy and childbirth, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (as those terms are defined by the California Fair Employment and Housing Act — Government Code Section 12900-12996), or political affiliation (as defined by California Labor Code Section 1102), unless based on a bona fide occupational qualification or as otherwise provided in Section 12940 of the Government Code.
4.
Such action shall include, but not be limited to, ensuring non-discrimination in the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B.
The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy and childbirth, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (as those terms are defined by the California Fair Employment and Housing Act — Government Code Section 12900-12996), or political affiliation (as defined by California Labor Code Section 1102), unless based on a bona fide occupational qualification or as otherwise provided in Section 12940 of the Government Code.
C.
The Contractor will post in conspicuous places, available to the employees and applicants for employment, notice setting forth the provisions of this chapter. Posting of notice(s) about such prohibited employment practices provided by the California Department of Fair Employment and Housing will satisfy this requirement. The Contractor will make the contents of this notice available to any party requesting it within 15 days.
D.
The Contractor will permit access to the Contractor's records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the California Department of Fair Employment and Housing, or any other appropriate agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or the Fair Employment and Housing Act.
E.
Upon receipt of a written determination by the California Department of Fair Employment and Housing or the United States Equal Employment Opportunity Commission that it has investigated and determined that the Contractor has violated the California Fair Employment and Housing Act or California Labor Code Section 1102, or upon receipt of a written determination by a competent court of law that the Contractor has violated the California Fair Employment and Housing Act or California Labor Code Section 1102, the City Administrator shall determine whether there is probable cause that discrimination occurred in the performance of a contract with the City of Santa Barbara. If the Administrator so determines, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.
In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $100.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City.
A finding by the City Council, following a public hearing duly noticed to the Contractor, of willful violation of the non-discriminatory employment practices article of this contract shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible." The City shall notify the Contractor that unless the Contractor demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, the Contractor shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that the Contractor has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the California Department of Fair Employment and Housing, the United States Equal Employment Opportunity Commission, or competent court of law.
F.
The Contractor certifies to the City that the Contractor has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
1.
The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it.
2.
The Contractor shall notify all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision.
3.
The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
4.
The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
G.
Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law.
H.
1.
In the performance of the work under this contract, the Contractor will include the provisions of the foregoing subsections A through G in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier.
2.
The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City.
(Ord. 3500, 1972; Ord. 4465, 1987; Ord. 5872, 2019)
§ 9.126.030 Application.
This chapter shall only apply to contracts entered into following the effective date of the ordinance codified in this chapter, provided that any existing contract which is renewed or extended pursuant to an option shall upon renewal or extension be subject to the terms of this chapter and, as a condition of renewal or extension, such contract shall be revised to incorporate the provisions required by this chapter.
(Ord. 3500, 1972)
§ 9.128.010 Definitions.
Unless otherwise expressly stated or the context clearly requires otherwise, the following terms shall be defined as follows:
For the purposes of this chapter, basic medical insurance coverage must include, but need not be limited to, offering the employee insurance coverage for the following health and medical care expenses of the employee:
Emergency hospital care and hospitalization care with the payment of a patient co-pay amount not exceeding the maximum per emergency room visit and hospitalization care co-pay and patient deductible amount paid by a City employee under the City's medical insurance coverage plans;
Prescription medication coverage with the payment of a patient co-pay amount not exceeding the maximum per prescription co-pay and patient deductible amount paid by a City employee under the City's medical insurance coverage plans;
Access to preventative medical care by a licensed physician or surgeon with the payment of a co-pay and patient deductible amount not exceeding the maximum per visit co-pay amount paid by a City employee under the City's medical insurance coverage plans.
A person or other legal entity (other than a public entity or a nonprofit entity) which enters into one or more contracts with the City to provide general services to the City as defined in Section 4.52.020 of this Code (excluding recreation services to the public and professional services as defined in Section 4.52.020 of this Code), where the amount paid by the City to the person or entity may exceed or exceeds $15,000.00 when such compensation is calculated on a City fiscal year basis. A City service contractor shall not include a contractor who provides services which are merely incidental to the City's purchase of goods or supplies from that contractor, such as installation services related to the City's use of the goods or supplies being obtained.
For the purposes of this chapter, the term "compensated leave" means the following:
Full-Time Employees.
Providing not less than three compensated days off per calendar quarter worked to each full-time employee.
Part-Time Employees.
Providing the appropriate pro-rated portion of the compensated leave required by paragraph 1 above to each part-time employee, with the pro-ration being that percentage of time the part-time employee has worked per week (on average) during the previous 12 weeks, with 40 hours per week being the equivalent of 100%.
Full-Time and Part-Time Employee.
For the purposes of this section, a "full-time" employee shall mean an employee who has worked for the service contractor 40 or more hours per week on average for any 10 weeks of the previous 12-week period. Any employee who is not a full-time employee is a part-time employee.
Compensated Leave.
That the employee is allowed leave time and is compensated at the same rate of pay which he or she would have received had they worked a regular day of work for each day of leave time used by the employee.
Nothing herein shall preclude an employer from imposing a minimum employment period upon the use of compensated leave provided such minimum period is consistent with the requirements of state law. |
Generally.
The term "employee" shall refer only to those individuals who directly provide services to the City on behalf of a City service contractor and shall not include those employees who would typically be considered administrative or support staff employees, such as, but not limited to, employees performing administration, payroll, personnel, maintenance, or similar employee services for the contractor. The term "employee" shall also be used as that term is generally defined and used in the federal Fair Labors Standards Act of 1938 (29 USC Section 201 et seq., hereinafter the "FLSA") and shall not include those employed persons exempt from the minimum wage or overtime requirements of the FLSA or any person who works as an "executive" or "professional," as such terms are defined in the FLSA.
Exemption for Handicapped Individuals and Apprentices.
For the purposes of this chapter, an employee shall not include a "handicapped employee" employed pursuant to a special license issued under Sections 1191 and 1191.5 of the state Labor Code or an "apprentice" or "learner" employed pursuant to a special license issued under Section 1192 of the State Labor Code.
Exemption for Student Interns.
For the purposes of this chapter, an employee shall also not include a student intern which shall be defined as a person receiving educational or school credit at a duly licensed and accredited school or educational institution as part of or in connection with his or her employment or service with the City service contractor.
A wage payment at an hourly rate of $14.00 per hour, which wage amount shall be adjusted upward annually each July 1st, beginning in 2006, by an amount corresponding to the previous year's change (January to January) in the Consumer Price Index for Urban Wage Earners and Clerical Workers 1967=100 for Los Angeles-Riverside-Orange County, California, provided that no such annual adjustment may exceed the amount of six percent.
For the purposes of this chapter, supplemental employee benefits coverage must include, in addition to basic medical insurance coverage and compensated leave for the employee, offering to the employee both of the following:
Basic medical insurance coverage for the employee's spouse, domestic partner, or family (at the employee's option), with the employee's share of the cost of the medical insurance coverage provided not exceeding five percent of the employee's average gross monthly wages for the previous 12 months;
An employee pension or deferred compensation retirement plan under circumstances where the service contractor offers to make an employer contribution to the plan of not less than five percent of the employee's average gross monthly wages for the previous 12 months, and where the plan is regulated and recognized by the Federal Employee Retirement Income Security Program Act (hereinafter referred to as "ERISA," 29 USCA §1001 et seq.); and at least one of the following additional supplemental employee benefits:
Child care or "dependent" care (or monetary assistance for child or dependent care needs) for a dependent(s) of the employee under circumstances where the cost of the child or dependent care is funded or paid in full by the employer and where the care is duly licensed and certified by the State. For the purposes of this chapter, the term "dependent" shall be as that term is used and defined in the federal Internal Revenue Code.
The equivalent of 10 eight-hour days of compensated leave to the employee over and above the compensated leave as such compensated leave is defined in subsection F of this section.
Any additional employee benefit or employee benefit program which the City's Living Wage Advisory Committee, at the request of a City service contractor, deems appropriate to qualify as an optional supplemental employee benefit under this subsection E. Examples of additional benefits or benefit programs which may qualify under this would be the following: (a) dental insurance coverage for the employee and the employee's family; (b) life and accidental death or disability insurance for the employee; (c) medical or health insurance plans which provide out-patient services, such as physical therapy, speech therapy, or mental health or substance abuse counseling and assistance.
(Ord. 5384, 2006; Ord. 5939, 2020)
§ 9.128.020 Minimum Local Wage Payment Requirements for City Service Contractors.
A.
Mandatory minimum local wage.
1.
City-Owned or -Operated Work Buildings and Locations. Any City service contractor providing services to the City shall pay at least the mandatory minimum local wage to all employees of the service contractor who work at a building, site, or location owned or operated by the City for those hours of the employee's work at the City building, site, or location and for those work hours at other work locations which can be directly attributed to the services provided to the City by the service contractor.
2.
Work Sites Located at Non-City-Owned or -Operated Sites. For those City service contractors where the work performed under a City service contract does not occur at a building, site, or location owned or operated by the City, the service contractor shall pay a mandatory minimum local wage to all employees for those hours of the employee's work which can be directly attributed to the services provided to the City by the service contractor.
B.
Employees receiving basic medical insurance coverage and compensated holidays. City service contractors subject to the mandatory minimum local wage requirement of subsection A above which provide an employee with both basic medical insurance coverage at no cost to the employee and compensated time-off may pay a hourly wage of not less than $12.00 to the employee instead of the mandatory local minimum wage, which wage amount shall be adjusted upward annually each July 1st, beginning in 2006, by an amount corresponding to the previous year's change (January to January) in the Consumer Price Index for Urban Wage Earners and Clerical Workers 1967=100 for Los Angeles-Riverside-Orange County, California, provided that no such annual adjustment may exceed the amount of six percent.
C.
Employees receiving supplemental employee benefits in addition to basic insurance coverage. City service contractors subject to the mandatory local minimum wage requirement of subsection A of this section which provide supplemental employee benefits coverage may pay an hourly wage of not less than $11.00 instead of the mandatory local minimum wage, which wage amount shall be adjusted upward annually each July 1st, beginning in 2006, by an amount corresponding to the previous year's change (January to January) in the Consumer Price Index for Urban Wage Earners and Clerical Workers 1967=100 for Los Angeles-Riverside-Orange County, California, provided that no such annual adjustment may exceed the amount of six percent.
D.
Adjustment of service contract amount. The service contract amount set in the definition of City Service Contractor in section 9.128.010 shall be adjusted upward annually each July 1st, beginning in 2006, by an amount corresponding to the previous year's change (January to January) in the Consumer Price Index for Urban Wage Earners and Clerical Workers 1967=100 for Los Angeles-Riverside-Orange County, California, provided that no such annual adjustment may exceed the amount of six percent.
(Ord. 5384, 2006; Ord. 5939, 2020)
§ 9.128.030 Supercession by Collective Bargaining Agreement.
The provisions of this chapter, or any part thereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver is set forth in such collective bargaining agreement in express written terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute an express waiver of all or any part of the provisions of this chapter by the represented employees.
(Ord. 5384, 2006)
§ 9.128.040 Enforcement of Chapter Requirements.
A.
Compliance - contractual obligation.
1.
Every City service contract (or any amendment thereto) shall contain express contract provisions requiring the City service contractor (as well as all subcontractors, agents, or assignees of the service contractor which perform work for the City pursuant to the service contract) to comply with the requirements of this chapter as they exist on the date when the contractor entered into its contract or the date when such contract is amended.
2.
A breach of the applicable requirements of this chapter, as determined by the City, shall constitute a breach of the service contract and may, as shall be expressly provided in all City service contracts, be the basis for an immediate termination of the service contract in the sole discretion of the City. In the event of a breach of service contract for noncompliance with this chapter, the City may also elect to preclude future City contracts with the non-complying service contractor.
B.
Payroll and other recordkeeping requirements. City service contractors shall maintain adequate payroll, tax, time sheets, personnel, and work records sufficient to allow the City to verify the contractor's compliance with the requirements of this chapter. Such records shall be maintained for a period of two years after the completion of the City's contract and shall be made available for review by the City upon the City's request.
C.
Audit of payroll and other records. The City shall have the right of access to the employee time and work records required by this section for the purposes of conducting an audit of such records to determine compliance with the requirements of this chapter during the time the service contract is in effect and for a period of two years after the completion of any City service contract.
D.
Periodic certification of compliance. The standard City service contract provisions shall also require the service contractor to periodically provide an appropriate written certification to the City Finance Department certifying the contractor's compliance with the terms of this chapter in a form deemed appropriate by the City Finance Director and at those regular times deemed appropriate by the Finance Director. Such certification may include copies of the employee time and work records as the City deems appropriate and necessary to verify the contractor's full compliance with the terms of this chapter.
E.
Employee private right of action. Nothing in this chapter shall be construed to limit an employee's right to initiate legal action for a violation of his or her rights under this chapter. An employee may bring an action in a court of appropriate jurisdiction of this State for damages caused by a service contractor's violation of the requirements of this chapter. A final court judgment in favor of an employee establishing that a service contractor has violated the requirements of this chapter shall be deemed a conclusive determination that the contractor has violated this chapter and shall allow the City, at the City's discretion, to terminate a service contract for breach upon not less than five days written notice to the contractor.
(Ord. 5384, 2006)
§ 9.128.050 Effective Date and Implementation.
The obligations imposed by this chapter shall take effect as of the effective date of the ordinance codified in this chapter and shall apply to those City service contracts approved (or substantively amended) by the City on or after that date.
(Ord. 5384, 2006)
§ 9.130.010 Certificate Generally.
Consistent with a policy of non-discrimination in the use of real or personal property owned by the City of Santa Barbara a "lessee's obligation for non-discrimination certificate," as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all leases of City owned real or personal property.
(Ord. 3501, 1972)
§ 9.130.020 Contents of Certificate.
The "lessee's obligation for non-discrimination" is as follows:
A.
Lessee in the use of the property which is the subject of this lease or in the operations to be conducted pursuant to the provisions of this lease, will not discriminate or permit discrimination against any person or class of persons by reason of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy and childbirth, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (as those terms are defined by the California Fair Employment and Housing Act — Government Code Sections 12900 - 12996), or based on political affiliation, except where such discrimination is related to bona fide occupational qualification or as otherwise provided in Sections 12900 - 12996 of the California Government Code.
B.
Lessee shall furnish its accommodations and services on a fair, equal and non-discriminatory basis to all users thereof and lessee shall only charge fair, reasonable and non-discriminatory prices for each unit of service.
Lessee may make reasonable and non-discriminatory rebates, discounts or other similar price reductions to volume purchasers to the extent permitted by law.
C.
Lessee shall make its accommodations and services available to the public on fair and reasonable terms without discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy and childbirth, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (as those terms are defined by the California Fair Employment and Housing Act — Government Code Sections 12900 – 12996 except where such discrimination is related to bona fide occupational qualification or as otherwise provided in Sections 12900 - 12996 of the California Government Code.
D.
Lessee shall not discriminate or allow discrimination either directly or indirectly, in hiring or employing persons to work on the leased premises.
E.
Lessee agrees that it shall insert the above articles in any agreement by which said Lessee transfers any interest herein or grants a right or privilege to any person, firm or corporation to use the leased premises or to render accommodations and services to the public on the leased premises.
F.
Non-compliance with subsections A through E above shall constitute a material breach hereof and in addition to any other remedies provided by law or this lease, in the event of such noncompliance the Lessor shall have the right to terminate this lease and the interest hereby created without liability therefor, or at the election of the Lessor, the Lessor shall have the right to enforce judicially the provisions of subsections A through E of this section.
(Ord. 3501, 1972; Ord. 4465, 1987; Ord. 5872, 2019)
§ 9.130.030 Application.
This chapter shall apply to new leases only after the effective date of the ordinance codified in this chapter and shall apply to existing leases upon any renewal of the term thereof after the effective date of the ordinance codified in this chapter.
(Ord. 3501, 1972)
§ 9.132.010 Purpose and Public Policy.
It is hereby declared as the public policy of the City of Santa Barbara that it is necessary to protect and safeguard the rights and opportunities of persons with AIDS, ARC or HIV infection in respect to discrimination in housing, business establishments, testing, access to medical services and in City facilities and services. Therefore discrimination or harassment based on HIV/AIDS is hereby incorporated as discrimination based on disability and/or medical condition (as those terms are defined by the California Fair Employment and Housing Act — Government Code Section 12900-12996) under all City of Santa Barbara non-discrimination policies, including, but not limited to, provisions of the Santa Barbara Municipal Code, unless based on a bona fide occupational qualification, or as otherwise provided in Section 12940 of the Government Code.
(Ord. 4758, 1992; Ord. 5872, 2019)
§ 9.135.010 Registration of Domestic Partnerships with the City Clerk.
A.
Domestic Partnership Defined; City Clerk Registration. Two persons may declare that a "Domestic Partnership" exists between them regardless of their gender, and each of them shall be the "domestic partner" of the other if they both complete, sign, and cause to be filed with the City Clerk of the City an "Affidavit of Domestic Partnership" attesting to the following:
1.
The two parties reside together and share the common necessities of life.
2.
The two parties are not married to anyone.
3.
The two parties are at least 18 years of age or older.
4.
The two parties are not related by blood so close as to bar marriage in the State of California and are mentally competent to consent to contract.
5.
The two parties are each other's sole domestic partner and intend to remain so indefinitely and are responsible for their common welfare.
6.
The two parties agree to file a Statement of Termination of Domestic Partnership with the City Clerk if any of the declarations of the Affidavit of Domestic Partnership cease to be true.
7.
The two parties understand that the registration of the Affidavit of Domestic Partnership with the City Clerk constitutes a filing of a domestic partnership of continuous duration until either of the parties files a Statement of Termination or upon the death of either of the parties.
8.
Neither of the parties has filed a Statement of Termination within the previous six months.
9.
The two parties understand that they are solely responsible for any and all statements made in an Affidavit of Domestic Partnership, and for any losses or damages caused thereby, and that they will hold the City of Santa Barbara harmless from any liability arising out of or relating to any Affidavit of Domestic Partnership that is filed with the City of Santa Barbara.
B.
Termination of a Domestic Partnership. A member of a domestic partnership may end said relationship by filing a Statement of Termination of Domestic Partnership with the City Clerk. In the Statement of Termination, the individual will be required to affirm under penalty of perjury that the partnership is terminated. In case of the death of either party to a Domestic Partnership, a Statement of Termination is not required to be filed.
C.
Filing of Subsequent Affidavits of Domestic Partner Relationship. No individual who has filed an Affidavit of Domestic Partnership may file another such Affidavit until 180 days after a Statement of Termination of Domestic Partnership terminating the previous partnership has been filed with the City Clerk.
D.
Reciprocity with Other Communities. Upon written request, the City Clerk shall confirm the registration of a domestic partnership registered in another community pursuant to the applicable regulations of that community and issue a City of Santa Barbara Certificate of Domestic Partnership for the same individuals. A lesser fee shall be charged for such a Certificate in an amount established by resolution of the City Council.
E.
Administrative Procedures and Fees. The City Council shall adopt administrative procedures for the processing of domestic partner relationship certificates by the City Clerk's office and establishing the fees applicable to such registrations by resolution of the Council.
F.
No Cause of Action. This chapter is not intended to create any private or public cause of action for any person or entity.
(Ord. 5012, 1997)
§ 9.140.010 Definitions.
The following words and phrases shall have the meaning indicated, unless the context or usage clearly requires a different meaning:
Any type of product, goods, service, performance or activity which is provided or performed or offered to be provided or performed in exchange for money, labor, goods, or any other form of consideration.
The service, industry or labor performed by a person for wages or other compensation or under any contract of hire written or oral, express or implied.
A person who occupies a vehicle.
As defined in California Vehicle Code Section 467 as the same now reads or may hereafter be amended.
Any individual, company, corporation, association, business or other legal entity.
That portion of the street which is improved, designed or ordinarily used exclusively for vehicular travel.
Any request, offer, enticement, or action which announces the availability for or of employment, the sale of goods, or a request for money or other property, or any request, offer, enticement or action which seeks to purchase or secure goods or employment, or to make a contribution of money or other property. As defined herein, a solicitation shall be deemed complete when made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money or other property takes place.
A way or place of whatever nature, publicly maintained and open to the use of the public for the purpose of vehicular travel. For the purposes of this chapter, street includes highway and any parking area or lot owned or operated by the City of Santa Barbara or the Santa Barbara Redevelopment Agency.
As defined in California Vehicle Code Section 670 as the same now reads or may hereafter be amended.
(Ord. 5067, 1998; Ord. 5414, 2007)
§ 9.140.015 Legislative Purpose.
The purpose of this chapter is to protect the health and welfare of the general public and to promote safer and more efficient traffic flow by reasonably regulating the time, place, and manner of the solicitation of employment, business, or contributions of money or other property from pedestrians and occupants of vehicles on public streets. These regulations are intended to be content neutral and are not intended to restrict the right of free speech or alternative channels of such communication in other areas.
(Ord. 5414, 2007)
§ 9.140.020 Prohibition of Solicitation in Public Roadway.
A.
Solicitations by pedestrians. It is unlawful for any person, while located in any portion of the public roadway to solicit (or attempt to solicit) employment, business or contributions of money or other property from any person traveling in a vehicle along a public roadway unless the vehicle is legally parked or stopped within the roadway.
B.
Solicitations from a vehicle. It is unlawful for any person while the occupant of a vehicle that is not legally parked or stopped within a roadway, to solicit (or attempt to solicit) employment, business or contributions of money or other property from a person who is located within a public right-of-way including, but not limited to, any street, roadway, sidewalk, parkway, alley or driveway.
C.
Yanonali street. This section shall not apply to that portion of the south side of Yanonali Street (approximately 170 feet in length) between the Laguna Channel and the west gate driveway entrance to the City's Corporation Yard Annex at 401 East Yanonali Street, as such area is more specifically designated on signs posted at that location.
(Ord. 5067, 1998; Ord. 5414, 2007)
§ 9.145.010 Title.
This chapter shall be known as the Lowest Law Enforcement Priority Policy Ordinance.
(Approved by election held November 7, 2006)
§ 9.145.020 Purpose.
The purpose of this chapter is:
A.
To make investigations, citations, arrests, property seizures, and prosecutions for adult marijuana offenses, where the marijuana was intended for adult personal use, the city of Santa Barbara's lowest law enforcement priority; and
B.
To transmit notification of the enactment of this initiative to state and federal elected officials who represent the city of Santa Barbara.
(Approved by election held November 7, 2006)
§ 9.145.030 Findings.
A.
The federal government's war on drugs has failed.
B.
Santa Barbara should determine its marijuana policies locally, not hand them over to the federal Drug Enforcement Administration.
C.
Otherwise law-abiding adults are being arrested and imprisoned for nonviolent marijuana offenses, which is clogging courts and jails in California.
D.
Each year, California spends more than $150 million of taxpayer money enforcing marijuana laws.
E.
Law enforcement resources would be better-spent fighting serious and violent crimes.
F.
Making adult marijuana offenses Santa Barbara's lowest law enforcement priority will reduce the city's spending on law enforcement and punishment.
G.
Decades of arresting millions of marijuana users have failed to control marijuana use or reduce its availability.
H.
Current marijuana policies continue to needlessly harm medical marijuana patients, despite the passage of Proposition 215, which affirmed California voters' support for medical marijuana.
(Approved by election held November 7, 2006)
§ 9.145.040 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
An individual who is 21 years of age or older.
A priority such that all law enforcement activities related to all offenses other than adult, personal-use marijuana offenses shall be a higher priority than all law enforcement activities related to marijuana offenses, where the marijuana was intended for adult personal use, other than the exceptions designated in this chapter.
All parts of the cannabis plant, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin.
A member of the Santa Barbara Police Department or any other city agency or department that engages in law enforcement activity.
(Approved by election held November 7, 2006)
§ 9.145.050 Lowest Law Enforcement Priority Policy.
A.
Santa Barbara law enforcement officers shall make law enforcement activity relating to marijuana offenses, where the marijuana was intended for adult personal use, their lowest law enforcement priority. Law enforcement activities relating to marijuana offenses include, but are not limited to, investigation, citation, arrest, seizure of property, or providing assistance to the prosecution of adult marijuana offenses.
B.
This lowest law enforcement priority policy shall not apply to use of marijuana on public property or driving under the influence.
C.
The lowest law enforcement priority policy shall apply to cooperating with state or federal agents to arrest, cite, investigate, prosecute, or seize property from adults for marijuana offenses included in the lowest law enforcement priority policy.
D.
Santa Barbara law enforcement officers shall not accept or renew formal deputization or commissioning by a federal law enforcement agency if such deputization or commissioning will include investigating, citing, arresting, or seizing property from adults for marijuana offenses included in the lowest law enforcement priority policy.
E.
Santa Barbara shall not accept any federal funding that would be used to investigate, cite, arrest, prosecute, or seize property from adults for marijuana offenses included in the lowest law enforcement priority policy.
(Approved by election held November 7, 2006)
§ 9.145.060 Community Oversight.
A.
The committee will be composed of two city residents; one criminal defense attorney; one civil liberties advocate; one medical marijuana patient; one medical professional; and one drug abuse, treatment, and prevention counselor, each of whom shall be appointed by the Santa Barbara mayor. The committee members shall serve at the pleasure of the Santa Barbara mayor, who shall appoint replacement committee members on an as-needed basis. The Santa Barbara Police Department, the Santa Barbara County Public Health Department, and the Santa Barbara County District Attorney's Office shall each send one representative as a nonvoting liaison to each of the committee's meetings.
B.
Responsibilities of the committee shall include:
1.
Ensuring timely implementation of this chapter, with the cooperation of the Santa Barbara County District Attorney's Office, the Santa Barbara Police Department, and any other Santa Barbara law enforcement agencies in providing needed data;
2.
Receiving any grievances from individuals who believe they were subjected to law enforcement activity contrary to the lowest law enforcement priority policy;
3.
Designing a supplemental report form for Santa Barbara law enforcement officers to use to report all adult marijuana arrests, citations, and property seizures and all instances of officers assisting in state or federal arrests, citations, and property seizures for any adult marijuana offenses. The supplemental report form shall be designed with the goal of allowing the committee to ascertain whether the lowest law enforcement priority policy was followed;
4.
Requesting additional information from any Santa Barbara law enforcement officer who engaged in law enforcement activity relating to one or more marijuana offenses under circumstances which appear to violate the lowest law enforcement priority policy. An officer's decision not to provide additional information shall not be grounds for discipline; and
5.
Submitting written reports semiannually to the Santa Barbara City Council on the implementation of this chapter, with the first report being issued nine months after the enactment of this chapter. These reports shall include, but not necessarily be limited to: the number of all arrests, citations, property seizures, and prosecutions for marijuana offenses in Santa Barbara; the breakdown of arrests and citations by race, age, specific charge, and classification as infraction, misdemeanor, or felony; any instances of law enforcement activity that the committee believes violated the lowest law enforcement priority policy; and the estimated time and money spent by the city on law enforcement and punishment for adult marijuana offenses.
C.
Santa Barbara law enforcement officers shall submit to the committee a supplemental report within two weeks after each adult marijuana arrest, citation, or property seizure or instance of assisting in a state or federal arrest, citation, or property seizure for any adult marijuana offense in Santa Barbara.
(Approved by election held November 7, 2006)
§ 9.145.070 Notification of Federal and State Officials.
Beginning three months after the enactment of this chapter, the city clerk shall execute a mandatory and ministerial duty of sending letters on an annual basis to Santa Barbara voters' U.S. representative or representatives, both of California's U.S. senators, Santa Barbara voters' senators and Assembly members in the California State Legislature, the governor of California, and the president of the United States. This letter shall state, "The citizens of Santa Barbara have passed an initiative to de-prioritize adult marijuana offenses, where the marijuana is intended for personal use, and request that the federal and California state governments take immediate steps to enact similar laws." This duty shall be carried out until state and federal laws are changed accordingly.
(Approved by election held November 7, 2006)
§ 9.145.080 Enforceability.
All sections of this chapter are mandatory. If any provision of this chapter is not carried out properly, any person who is registered to vote in Santa Barbara may seek a writ of mandate to ensure the law is fully implemented.
(Approved by election held November 7, 2006)
§ 9.145.090 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provisions to other persons or circumstances shall not be affected thereby.
(Approved by election held November 7, 2006)
§ 9.150.010 Definitions.
The following definitions apply to this chapter:
Any person purchasing goods from a store.
The person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store.
Any natural person, firm, corporation, partnership, or other organization or group however organized.
Any bag made predominantly of plastic derived from either petroleum, natural gas, or a biologically-based source, such as corn or other plant sources, which is provided to a customer at the point of sale. "Plastic carryout bag" includes compostable and biodegradable bags but does not include reusable bags, produce bags, or product bags.
A material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. "Post-consumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.
Any bag without handles used exclusively to carry produce, meats, or other food items from a display case within a store to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items.
Material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.
A paper bag (of any size) that meets all of the following requirements: (1) contains no old growth fiber; (2) is 100% recyclable overall and contains a minimum of 40% post-consumer recycled material; (3) is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400; (4) is accepted for recycling in curbside programs in the City; (5) has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of post-consumer recycled material used; and (6) displays the word "Recyclable" in a highly visible manner on the outside of the bag.
A bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of 125 uses, which for purposes of this subsection means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; (2) has a minimum volume of 15 liters; (3) is machine washable or is made from a material that can be cleaned or disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts; (5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of post-consumer recycled material used, if any; and (6) if made of plastic, is a minimum of at least 2.25 mils thick.
Any of the following retail establishments located and operating within the City:
A store of at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5, commencing with Section 7200 of Division 2 of the Revenue and Taxation Code) and which sells a line of dry grocery or canned goods, or non-food items together with some perishable food items or a store that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or
A drug store, pharmacy, supermarket, grocery store, convenience food store, food mart, or other similar retail store or entity engaged in the retail sale of a limited line of grocery items or goods which typically includes, but is not limited to, milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 liquor license issued by the state Department of Alcoholic Beverage Control.
(Ord. 5636, 2013)
§ 9.150.020 Plastic Carryout Bags Prohibited.
A.
No store shall provide any customer with a plastic carryout bag.
B.
The prohibition on providing plastic carryout bags applies only to bags provided by a store for the purpose of carrying away goods from the point of sale within the store and does not apply to produce bags or product bags supplied by a store.
(Ord. 5636, 2013)
§ 9.150.030 Permitted Bags.
All stores shall provide or make available to a customer only recyclable paper carryout bags or reusable bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this chapter. Nothing in this chapter prohibits customers from using bags of any type which the customer may bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store.
(Ord. 5636, 2013)
§ 9.150.040 Regulation of Recyclable Paper Carryout Bags.
A.
Any store that provides a recyclable paper carryout bag to a customer must charge the customer 10 cents ($0.10) for each bag provided, except as otherwise allowed by this chapter.
B.
No store shall rebate or otherwise reimburse a customer any portion of the 10-cent ($0.10) charge required in subsection A above, except as otherwise allowed by this chapter.
C.
All stores must indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged the customer for such bags.
D.
All charges collected by a store under this chapter may be retained by the store and used for one or more of the following purposes: (1) the costs associated with complying with the requirements of this chapter; (2) the actual costs of providing recyclable paper carryout bags; (3) the costs of providing low or no-cost reusable bags to customers of the store who are exempted by Section 9.150.060; or (4) the costs associated with a store's educational materials or education campaign encouraging the use of reusable bags, if any.
E.
All stores shall report to the City Finance Director, on an annual (calendar year) basis, the total number of recyclable paper carryout bags provided, the total amount of monies collected for providing recyclable paper carryout bags, and a summary of any efforts a store has undertaken to promote the use of reusable bags by customers in the prior year. Such reporting must be done on a form prescribed by the City Finance Director, and must be signed by a responsible agent or officer of the store in order to confirm that the information provided on the form is accurate and complete. Such reports shall be filed no later than 90 days after the end of each year following the year in which this chapter becomes effective.
(Ord. 5636, 2013)
§ 9.150.050 Use of Reusable Bags.
§ 9.150.060 Exempt Customers.
All stores must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags or both, at the store's option, to any customer participating either in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code, or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the state Welfare and Institutions Code.
(Ord. 5636, 2013)
§ 9.150.070 Enforcement and Violations - Penalties.
A.
Administrative Enforcement. The Sustainability and Resilience Department has primary responsibility for enforcement of this chapter. The Sustainability and Resilience Director is authorized to promulgate departmental regulations to assist stores in understanding and in complying with this chapter and to take any and all other actions reasonable and necessary to enforce and interpret this chapter.
(Ord. 5636, 2013; Ord. 6095, 2022)
§ 9.150.080 Operative Date.
For those stores identified in paragraph 1 of the definition of "store" in Section 9.150.010, this chapter shall become operative 180 days after the effective date of the City ordinance adopting this chapter. For stores identified in paragraph 2 of the definition of "store" in Section 9.150.010, this chapter shall become operative one year after the effective date of the City ordinance adopting this chapter.
(Ord. 5636, 2013)
§ 9.160.010 Title.
The title of this chapter shall be "Regulating Expanded Polystyrene Food Containers and Products."
(Ord. 5844, 2018)
§ 9.160.020 Purpose.
The purpose of these provisions is to promote:
A.
The protection of the City's unique waterways and coastal resources including beaches, tidelands, creeks and riparian habitat.
B.
To protect the public health, safety and general welfare.
C.
Compliance with federal, state, and local laws regarding water quality and waste diversion.
D.
A reduction in the amount of waste/debris in City parks, public open spaces, creeks, tidelands and the ocean, and the amount of material going to landfills.
(Ord. 5844, 2018)
§ 9.160.030 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
The standards of the American Society for Testing and Materials (ASTM) international standard D6400 or D6868 for biodegradable and compostable plastics, as those standards may be amended.
A material that is compostable (separately defined) or the ability of organic matter to break down from a complex to a more simple form through the action of bacteria or to undergo this process.
Any building, structure or vehicle owned and operated by the City, its agents, agencies, and departments.
Any person or entity that enters into an agreement with the City to furnish products or services to or for the City.
Materials that have the ability to break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch). Compostable disposable food containers must meet ASTM standards for compostable materials.
A term interchangeable with "to go" packaging and "food packaging material" and means all containers that are used to hold prepared food or drinks. Disposable food containers include clamshells, bowls, plates, trays, cartons, and cups that are intended for single use, including, without limitation, food containers for takeout foods and/or leftovers from partially consumed meals prepared by food providers. This does not include single-use disposable items such as straws, cup lids, or utensils, nor does it include single-use disposable packaging for unprepared foods.
An applicant for any event permit issued by the City or any City employee(s) responsible for any City-organized event.
Blown expanded and extruded polystyrene or other plastic foams which are processed by any number of techniques including, but not limited to, fusion of monomer spheres (expanded bead plastic), injection molding, foam molding, and extrusion-blown molding (extruded foam plastic). Expanded polystyrene and other plastic foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, ice chests, shipping boxes and packing peanuts.
Any item such as coolers, ice chests, cups, bowls, plates, clamshell containers, shipping boxes, or any other merchandise made from expanded polystyrene that is not wholly encapsulated or encased by a more durable material.
Any person located within the City that is a retailer of prepared food or beverages for public consumption including, but not limited to, any store, supermarket, delicatessen, restaurant, shop, caterer or mobile food vendor.
An individual, business, event promoter, trust, firm, joint stock company, corporation, nonprofit, including a government corporation, partnership, or association.
Food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared within the City. Prepared food does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar food establishment.
Materials that can be recycled consistent with the requirements of Chapter 7.16, including, but not limited to, aluminum, tin and bi-metal cans, clear and colored glass containers, high density polyethylene (HDPE), polyethylene terephthalate (PET), clear or rigid polystyrene, corrugated cardboard and mixed paper.
Any store or business which sells or offers goods or merchandise, located or operating within the City, including those referenced in the definition of "food provider."
(Ord. 5844, 2018)
§ 9.160.040 Expanded Polystyrene Disposable Food Containers Prohibited.
A.
It is unlawful for any food provider within the City to provide prepared food in or provide separately any disposable food container made from expanded polystyrene, except as exempted in Section 9.160.070.
B.
Disposable food containers made from expanded polystyrene are prohibited from use in all City facilities.
C.
City contractors in the performance of City contracts and events promoters may not provide prepared food in disposable food containers made from expanded polystyrene.
(Ord. 5844, 2018)
§ 9.160.050 Required Biodegradable, Compostable, or Recyclable Disposable Food Containers.
A.
All food providers within the City utilizing disposable food containers shall use biodegradable, compostable or recyclable products.
B.
All City facilities utilizing disposable food containers shall use biodegradable, compostable or recyclable products.
C.
City contractors and events promoters utilizing disposable food containers shall use biodegradable, compostable, or recyclable products while performing under a City contract or permit.
(Ord. 5844, 2018)
§ 9.160.060 Prohibited Sales.
It is unlawful for any vendor or events promoter in the City to sell or otherwise provide any expanded polystyrene product which is not wholly encapsulated or encased within a more durable material, except as exempted in Section 9.160.070. This specifically includes, but is not limited to, cups, plates, bowls, trays, clamshells and other products intended primarily for food service use, as well as coolers, containers, ice chests, shipping boxes, packing peanuts, or other packaging materials.
(Ord. 5844, 2018)
§ 9.160.070 Exemptions.
A.
A food provider or other vendor may apply for an exemption from the requirements set forth in Section 9.160.040(A) under the following circumstances:
1.
Food Provider - Financial Hardship or Practical Difficulty. The City Finance Director or designee may exempt a food provider from the requirements set forth in Section 9.160.040(A) for up to one-year if the food provider applies for an exemption from the City Finance Director showing, in writing, that this chapter would create an undue hardship or practical difficulty as evidenced by no alternatives being available or such alternatives are not affordable to the food provider.
2.
Public Health and Safety. Exemptions to allow for the sale or provision of expanded polystyrene products may be granted by the Finance Director or designee, if the food provider or vendor can demonstrate, in writing, a public health and safety requirement or medical necessity to use the product.
B.
Procedures for Applying for an Exemption.
1.
Application Materials. An exemption application shall include all information necessary for the Finance Director or designee to make a decision, including, but not limited to, documentation showing factual support for the claimed exemption. The Finance Director or designee may require the applicant to provide additional information.
2.
The Finance Director or designee may approve the exemption application in whole or in part, with or without conditions.
3.
The Finance Director or designee shall put the decision to grant or deny the exemption in writing and the decision shall be final.
C.
The following foods or products are exempt from the provisions of this chapter:
1.
Foods prepared or packaged outside the City and sold inside the City.
2.
Raw meat, fish and other raw food trays.
3.
Products made from expanded polystyrene which are wholly encapsulated or encased by a more durable material. Examples include surfboards, life preservers, and craft supplies which are wholly encapsulated or encased by a more durable material, and coolers encased in hard plastic.
4.
Construction products made from expanded polystyrene are exempted from this chapter if the products are used in compliance with Title 22, Environmental Policy and Construction, and Chapter 22.87, Stormwater Management, for development and redevelopment projects, and used in a manner preventing the expanded polystyrene from being released into the environment.
5.
During a locally declared emergency, the City, emergency response agencies operating within the City, users of City facilities, and food providers shall be exempt from the provisions of this chapter.
6.
Expanded polystyrene packaging products which have been received from sources outside the City may be reused in order to keep the products out of the waste stream.
(Ord. 5844, 2018)
§ 9.160.080 Penalties and Enforcement.
A.
The presence of non-recyclable plastic food containers on the premises of a food provider shall constitute a rebuttable presumption that such packaging is being dispensed.
B.
Violations of this chapter shall be enforced as follows:
1.
For the first violation, upon a determination that a violation of this chapter has occurred, the City shall issue a written warning notice to the food provider which will specify the violation and the appropriate penalties in the event of future violations.
3.
Each and every sale or other transfer of non-recyclable plastic food packaging shall constitute a separate violation of this chapter.
4.
The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.
C.
The remedies and penalties provided in this chapter are cumulative and not exclusive of other remedies and penalties available under other provisions of applicable law.
(Ord. 5844, 2018)
§ 9.165.010 Title.
The title of this chapter shall be "Restrictions on the Provision of Plastic Beverage Straws, Stirrers, and Cutlery."
(Ord. 5856, 2018)
§ 9.165.020 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
Any liquid, including any slurry, frozen, semi-frozen, or other forms of liquids, intended for drinking.
Any business, organization, entity, group, or individual located within the City that offers beverages to the public for consumption.
Any event organized or sponsored by the City or any department of the City.
Any person located within the City that is a retailer of prepared food or beverages for public consumption including, but not limited to, any delicatessen, restaurant, shop, caterer, mobile food vendor, or store or supermarket that provides retail to-go or eat-in food or beverage service.
An individual, business, event promoter, trust, firm, joint stock company, corporation, nonprofit, including a government corporation, partnership, or association.
A tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. "Plastic beverage straw" includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.
Any utensil, such as a fork, spoon, spork, or knife, made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources intended for only one-time use. "Plastic cutlery" includes compostable and biodegradable petroleum or biologically based polymer forms of cutlery, but does not include forms of cutlery that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.
A device that is used to mix beverages, intended for only one-time use, and made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources. "Plastic stirrer" includes compostable and biodegradable petroleum or a biologically based polymer stirrers, but does not include stirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.
(Ord. 5856, 2018)
§ 9.165.030 Sale or Distribution of Plastic Beverage Straws and Stirrers Prohibited.
A.
It is unlawful for any food provider or beverage provider to use plastic beverage straws or stirrers, or to provide, distribute, or sell plastic beverage straws or stirrers to any person.
B.
Nothing in this section precludes a food provider or beverage provider from using, providing, distributing, or selling non-plastic alternatives to plastic beverage straws, such as those made from paper, sugar cane, or bamboo, available to customers. Non-plastic alternative straws shall be provided only upon request.
C.
It is unlawful for any person, food provider or beverage provider to distribute plastic beverage straws or stirrers at any City facility or any City-sponsored event.
(Ord. 5856, 2018)
§ 9.165.040 Upon Request Provision of Plastic Cutlery.
It is unlawful for any beverage provider or food provider to provide plastic cutlery to any person being served a beverage or prepared food for consumption on the premises of the beverage provider or food provider or to be taken away from the premises of the beverage provider or food provider unless either: (1) the beverage provider or food provider first asks that person whether they want to receive the plastic cutlery and the person responds that he or she does; or (2) the customer affirmatively requests the plastic cutlery from the beverage provider or food provider.
(Ord. 5856, 2018)
§ 9.165.050 Exemptions and Enforcement.
A.
Food providers and beverage providers are exempt from the provisions of this chapter under the following circumstances:
1.
During a locally declared emergency, the City, emergency response agencies operating within the City, users of City facilities, and food providers and beverage providers shall be exempt from the provisions of this chapter.
2.
The provision of plastic beverage straws, stirrers or cutlery when the plastic beverage straws, stirrers or cutlery are provided as a part of product that was packaged outside the City and sold within the City.
B.
The Sustainability and Resilience Department has primary responsibility for enforcement of this chapter.
(Ord. 5856, 2018; Ord. 6095, 2022)
§ 9.165.060 Penalties.
The penalties for violation of this chapter shall be as follows:
A.
For the first violation, a written warning notice will be issued to the beverage provider or food provider in order to confirm their understanding of the ordinance and the potential penalties in the event of future violations.
B.
The second and each successive violation shall be punishable by civil administrative fines pursuant to Chapter 1.25 of this code. This chapter shall not be criminally enforceable.
C.
Violations of this chapter shall be deemed to create a public nuisance. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter. Each and every piece of plastic cutlery, plastic beverage straws, or plastic stirrers provided in violation of this chapter shall constitute a separate violation of this chapter and a continuing nuisance.
(Ord. 5856, 2018)
§ 9.170.010 Background and Introduction.
In 1996, Congress adopted the Telecommunications Act to balance the national interest in advanced communications services and infrastructure with legitimate local government authority to enforce zoning and other regulations to manage infrastructure deployments on private property and in the public rights-of-way. Under Section 704, which applies to personal wireless service facilities, local governments retain all their traditional zoning authority subject to specifically enumerated limitations. Section 253 preempts local regulations that prohibit or effectively prohibit telecommunication services (i.e., common carrier services) except competitively neutral and nondiscriminatory regulations to manage the public rights-of-way and require fair and reasonable compensation.
Communication technologies have significantly changed since 1996. Whereas cell sites were traditionally deployed on tall towers and rooftops over low frequency bands that traveled long distances, cell sites are increasingly installed on streetlights and utility infrastructure on new frequency bands that travel shorter distances. According to the Federal Communications Commission ("FCC") and the wireless industry, these so-called "small wireless facilities" or "small cells" are essential to the next technological evolution. The wireless industry is rapidly densifying their networks, with many small cells in the public rights-of-way, in addition to the tradition cell sites on towers and rooftops.
On September 27, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, FCC 18-133 (the "Small Cell Order"), in connection with two informal rulemaking proceedings entitled Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79, and Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84. In general, the Small Cell Order: (A) restricts the fees and other compensation State and local governments may receive from applicants; (B) requires all aesthetic regulations to be reasonable, no more burdensome than those applied to other infrastructure deployments, objective, and published in advance; (C) mandates that local officials negotiate access agreements, review permit applications, and conduct any appeals within significantly shorter timeframes; and (D) creates new evidentiary presumptions that make it more difficult for local governments to defend themselves if an action or failure to act is challenged in court. The regulations adopted in the Small Cell Order significantly curtail the local authority over wireless and wireline communication facilities reserved to State and local governments under Sections 253 and 704 in the Telecommunications Act.
On August 12, 2020, the United States Court of Appeals for the Ninth Circuit invalidated many aesthetic restrictions in the Small Cell Order but largely upheld the other restrictions. Portland v. United States, 969 F.3d 1020 (9th Cir. 2020). However, as of the date of the ordinance adopting this chapter, the Ninth Circuit's decision remains subject to further appeals.
The City of Santa Barbara, nevertheless, retains "broad authority to determine, for purposes of the public health, safety, and welfare, the appropriate uses of land within a local jurisdiction's borders," T-Mobile West LLC v. City and County of San Francisco, 438 P.3d 1107 (Cal. 2019), including all zoning powers that are not specifically preempted by Federal law, T-Mobile S., LLC v. City of Roswell, 574 U.S. 293 (2015).
(Ord. 6044 § 1, 2021)
§ 9.170.020 Purpose and Intent.
This chapter is intended to establish reasonable, uniform and comprehensive standards and procedures for small wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City's territorial boundaries, consistent with and to the extent permitted under Federal and California State law. The standards and procedures contained in this chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced wireless services with the City's local values, which include, without limitation, the aesthetic character of the City, its neighborhoods, and community. This chapter is also intended to reflect and promote the community interest by: (A) ensuring that the balance between public and private interests is maintained; (B) protecting the City's visual character from potential adverse impacts or visual blight created or exacerbated by small wireless facilities and related communications infrastructure; (C) protecting and preserving the City's environmental resources; (D) protecting and preserving the City's public rights-of-way and municipal infrastructure located within the City's public rights-of-way; (E) protecting and promoting the City's residential neighborhoods and other family oriented environments, such as parks, trails and beaches; and (F) promoting access to high-quality, advanced wireless services for the City's residents, businesses and visitors.
This chapter is intended to provide clear procedures for application intake and completeness review. The City Council finds that chronically incomplete applications significantly contribute to unreasonable delay and create barriers to infrastructure deployment. Chronically incomplete applications unfairly prejudice other applicants who may be prepared to submit complete applications for infrastructure in the same or substantially the same location. Chronically incomplete applications also unfairly prejudice the City's ability to act on such applications within the "presumptively reasonable" timeframes established by the FCC. The provisions in this chapter afford applicants and City staff opportunities for direct, real-time communication about completeness issues to mitigate incomplete applications prior to submittal. The provisions in this chapter also encourage applicants to timely respond to incomplete notices.
This chapter is not intended to, nor shall it be interpreted or applied to: (A) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (B) prohibit or effectively prohibit any entity's ability to provide any telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (C) unreasonably discriminate among providers of functionally equivalent personal wireless services; (D) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (E) prohibit any collocation or modification that the City may not deny under Federal or California State law; (F) impose any unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (G) otherwise authorize the City to preempt any applicable Federal or California law.
(Ord. 6044 § 1, 2021)
§ 9.170.030 Definitions.
The abbreviations, phrases, terms and words used in this chapter will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this chapter will have their ordinary meanings.
The definitions in this chapter shall control over conflicting definitions for the same or similar abbreviations, phrases, terms or words as may be defined in the Code. However, if any definition assigned to any phrase, term or word in this chapter conflicts with any Federal or State-mandated definition, the Federal or State-mandated definition will control.
Equipment other than antennas used in connection with a small wireless facility or strand-mounted wireless facility. The term includes "transmission equipment" as defined by the FCC in 47 C.F.R. Section 1.6100(b)(8), as may be amended or superseded.
The same as defined by the FCC in 47 C.F.R. Section 97.3, as may be amended or superseded, which defines the term as "a station in an amateur radio service consisting of the apparatus necessary for carrying on radio communications." This term includes amateur radio antennas and related facilities used for amateur radio services.
The same as defined by the FCC in 47 C.F.R. Section 1.6002(b), as may be amended or superseded.
The City official or body responsible for application review and vested with authority to approve or deny such applications.
More than one application submitted at the same time.
The Architectural Board of Review, the Historic Landmarks Commission, or the Single Family Design Board, as applicable.
The State of California Department of Transportation Map 10U dated August 5, 2011 depicting a functional classification system for roadways within the City of Santa Barbara currently available at https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=026e830c914c495797c969a3e5668538.
The City of Santa Barbara Municipal Code.
The same as defined by the FCC in 47 C.F.R. Section 1.6002(g), as may be amended or superseded, which defines that term as mounting or installing an antenna facility on a pre-existing structure or modifying a structure for the purpose of mounting or installing an antenna facility on that structure. For clarification, the FCC defines the term "collocation" in two contexts, one for small wireless facilities in 47 C.F.R. Section 1.6002(g) and another for requests pursuant to Section 6409 in 47 C.F.R. Section 1.6100(b)(2). This chapter uses the term "collocation" as defined for small wireless facilities unless expressly provided otherwise.
The California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.
Any pole that includes decorative or ornamental features, design elements and materials for aesthetic purposes.
The City Public Works Department.
The Public Works Director or the Director's designee.
The same as defined in 47 U.S.C. Section 1455(a)(2), as may be amended or superseded, and as interpreted by the FCC in 47 C.F.R. Section 1.6100(b)(3), as may be amended or superseded.
The Federal Communications Commission, as constituted by the Communications Act of 1934, Pub. L. 73-416, 48 Stat. 1064, codified as 47 U.S.C. Sections 151 et seq. or its duly appointed successor agency.
The Fire Chief, or the Fire Chief's designee.
The same as defined in Chapter 30.220 of the Code.
A roadway identified as functional classification 7 for "local" on the Caltrans map.
Those roadways identified as functional classification 5 for "major collector" on the Caltrans map.
Those roadways identified as functional classification 4 for "minor arterial" on the Caltrans map.
Those roadways identified as functional classification 6 for "minor collector" on the Caltrans map.
A structure within the public rights-of-way, other than a pole, that can be adapted (either in its current form or through a replacement) to conceal antennas or accessory equipment for small wireless facilities. Examples may include, without limitation, monuments, kiosks, bus shelters and other street furniture.
Any "over-the-air reception device" subject to 47 C.F.R. Sections 1.4000 et seq., as may be amended or superseded, which generally includes satellite television dishes and certain fixed wireless antennas not greater than one meter in diameter.
The same as defined in 47 U.S.C. Section 332(c)(7)(C)(ii), as may be amended or superseded.
The same as defined in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended or superseded.
(1) All real property owners as shown on the most recent equalized assessment roll within 500 feet from the location where a small wireless facility or strand-mounted wireless facility is proposed; and (2) all occupants of properties within 500 feet from the location where a small wireless facility or strand-mounted wireless facility is proposed. Mailed notice will be deemed given to real property owners when sent to the address listed on the most recent equalized assessment roll. Mailed notice will be deemed given to occupants of real property when sent to the physical address of the real property within 500 feet from the location where a small wireless facility or strand-mounted wireless facility is proposed. If the number of owners and occupants to whom the notice would be mailed or delivered is greater than 1,000, instead of mailed notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City. Generally interested parties who are not a real property owner or occupant of a property within 500 feet from the location where a small wireless facility or strand-mounted wireless facility is proposed may stay informed of pending applications through a City maintained website that contains a list of various applications, any decisions and when and how to appeal such decisions.
Those roadways identified as functional classification 3 for "other principal arterial" on the Caltrans map.
Any support structure on which the City prohibits the deployment of wireless facilities, except when authorized as a pre-approved design pursuant to this chapter. Prohibited support structures include decorative poles; traffic signal poles, cabinets or related structures; new, nonreplacement wood poles; and any utility pole scheduled for removal within 18 months from the time the Director acts on the application for such pole.
Land or an interest in land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to or open to the use by the general public for road or highway purposes. The term does not include private or public utility easements unless such easement is reserved for or dedicated to or open to the use by the general public for road or highway purposes.
Radio frequency.
Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended.
The presumptively reasonable time defined by the FCC in which a State or local government must act on an application or request for authorization to place, construct or modify personal wireless service facilities.
Those roadways identified as functional classification 2 for "other freeway or expressway" on the Caltrans map.
(Ord. 6044 § 1, 2021)
§ 9.170.040 Applicability.
A.
General. This chapter applies to all requests for the City's regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy small wireless facilities within the public rights-of-way within the City's territorial and jurisdictional boundaries, unless expressly exempted pursuant to this section.
B.
Strand-mounted wireless facilities. To the extent that strand-mounted wireless facilities involve the same or substantially similar structures, apparatus, antennas, equipment, fixtures, cabinets, cables or improvements as small wireless facilities, the Director or other official responsible to review and approve or deny requests for the City's regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy such strand-mounted wireless facilities within the public rights-of-way within the City shall apply the provisions in this chapter unless expressly exempted pursuant to this section or unless specifically prohibited by applicable law.
C.
Wireless facilities on city property. This chapter applies to permit applications for small wireless facilities and strand-mounted wireless facilities on property or structures owned or controlled by the City; provided, however, that this chapter does not govern whether or under what terms and conditions the City would lease, license or otherwise allow a small wireless facility or a strand-mounted wireless facility on such property or structures.
D.
Eligible facilities requests. Notwithstanding anything in this chapter to the contrary, all eligible facilities requests and other applications submitted for approval pursuant to Section 6409 are subject to a permit and shall be processed pursuant to this chapter.
E.
Other exemptions. Notwithstanding anything in this chapter to the contrary, a Small Cell Facility Permit shall not be required for the following:
1.
Wireless facilities operated by the City for public purposes;
2.
Small wireless facilities installed completely indoors and used to extend personal wireless services into a business or the subscriber's private residence, such as a femto cell or indoor distributed antenna system;
3.
OTARD antennas;
4.
Antennas and related transmission equipment used in connection with a duly authorized amateur station;
5.
Wireless facilities or other transmission equipment owned and operated by CPUC-regulated electric or natural gas companies for use in connection with electrical or natural gas power, generation, transmission and distribution facilities subject to CPUC General Order 131-D or similar CPUC authority.
(Ord. 6044 § 1, 2021)
§ 9.170.050 Required Permits and Approvals.
A.
Small cell facility permit. Unless exempt pursuant to Section 9.170.040.E of this chapter, a Small Cell Facility Permit, subject to the Director's prior review and approval, is required for all small wireless facilities and all strand-mounted wireless facilities.
B.
Other permits and approvals. In addition to any permit or approval required under this chapter, the applicant must obtain all other permits and regulatory approvals (such as compliance with the California Environmental Quality Act) as may be required by any other Federal, State, regional or local government agencies, which includes, without limitation, any permits or approvals issued by other City departments or divisions. Furthermore, any permit or approval granted under this chapter or deemed granted or deemed approved by law shall remain subject to any and all lawful conditions and legal requirements associated with such other permits or approvals.
(Ord. 6044 § 1, 2021)
§ 9.170.060 Administrative Orders and Regulations.
In addition to the requirements in this chapter, the Director may adopt and promulgate such orders, rules, or regulations as the Director deems necessary or appropriate to protect and maintain public health, safety, welfare and convenience. All such orders, rules, and regulations must be in written form and publicly stated to provide applicants with prior notice. All small wireless facilities and strand-mounted wireless facilities must conform to all applicable orders and regulations issued by the Director, unless the Director, in the Director's discretion, grants a prior written waiver to deviate, in whole or in part, any such order or regulation. Waivers by the Director shall be considered and approved or denied on a competitively neutral and nondiscriminatory basis. The Director shall develop and publish guidelines to implement the waivers authorized by this section. Orders, rules, regulations and guidelines will be available and on file with the City Engineer and the City's website.
(Ord. 6044 § 1, 2021)
§ 9.170.070 Permit Applications.
A.
Application required. The Director shall not approve any requests for authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy small wireless facilities or strand-mounted wireless facilities except upon a complete and duly filed application consistent with this section and any other written rules or requirements the City or the Director may establish from time to time in any publicly-stated format.
B.
Application fee. The applicant shall submit the applicable permit application fee adopted by City Council resolution. Batched applications must include the permit application fee for each small wireless facility or strand-mounted wireless facility in the batch.
C.
Application content. All applications for a permit must include all the information and materials required by the Director for the application. The City Council authorizes the Director to develop, publish and from time to time update or amend permit application requirements, forms, application and other checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this chapter. All such requirements must be in written form and publicly stated to provide applicants with prior notice as provided in Section 9.170.060 of this chapter. The director's application requirements, forms, checklists, guidelines, informational handouts and other related materials shall be promulgated as orders, rules and regulations pursuant to Section 9.170.060 of this chapter. Notwithstanding anything in this chapter to the contrary, all applications shall, at a minimum, require the applicant to demonstrate that the proposed project will be in planned compliance with all applicable health and safety laws, regulations or other rules, which includes, without limitation, all building codes, electric codes and all FCC rules for human exposure to RF emissions. Additionally, the application shall include an analysis about whether the proposed facilities will add new coverage where there is none, or add service capacity in an area with existing coverage, or both, and technical objectives, including, but not limited to, propagation maps, best server plots or other objective, factual data to support the claims by the applicant about the purpose of the proposed facility. All applications shall also include confirmation that an environmental assessment, or other application determination, has been completed by or on behalf of the FCC for any facility proposed in a location identified in 47 C.F.R. 1.307 (including a floodplain) or as otherwise required by National Environmental Policy Act.
D.
Application submittal. Unless the Director establishes an alternative submittal procedure pursuant to Section 9.170.060 of this chapter, all applications must be submitted to the City at a pre-scheduled appointment with the department. Applicants may submit one application per small wireless facility or strand-mounted wireless facility up to a maximum of five separate applications for small wireless facilities or strand-mounted wireless facilities together as a batched application per appointment but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The department shall use reasonable efforts to provide the applicant with an appointment within five working days after the department receives a written request. Any application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed.
E.
Voluntary pre-submittal conference. The department shall provide prospective applicants with the opportunity to schedule and attend a pre-submittal conference with department staff. The City encourages pre-submittal conferences for all applications. The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process, any latent issues in connection with the proposed or existing small wireless facility or strand-mounted wireless facility, such as compliance with generally applicable rules for public health and safety; potential stealth or concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The department shall use reasonable efforts to provide the applicant with an appointment within five working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the services rendered in the pre-submittal conference.
F.
Community meetings. The City requires applicants to cooperate with scheduling, assist the City with noticing and attend an annual community meeting with all interested members of the public. This annual public meeting is intended to: (1) inform the public about what proposed deployments are coming from the applicants; (2) provide construction updates from the applicants about previously approved applications; (3) allow the public to provide comments, questions and feedback to the applicants about such proposed deployments and previously approved applications; and (4) facilitate meaningful dialogue between applicants and the public about the foregoing. The City desires to encourage such meaningful dialogue to allow applicants to voluntarily address areas of concern to the public, which in turn may lessen the likelihood of appeals of the Director's decision on an application to the City Council. Applicants are encouraged to bring any draft applications, plans, maps, presentations or other materials to facilitate meaningful dialogue with the public and increase the public's understanding of the deployments. There will be no formal action taken by the City at this community meeting. City staff will make a recording or record of the community meeting available to the public. Public notice for a community meeting will be provided on the City's website and to those interested persons as requested.
G.
Applications deemed withdrawn. To promote efficient review and timely decisions, any application governed under this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the department within 90 calendar days after the department deems the application incomplete in a written notice to the applicant. The Director, in the Director's discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant's reasonable control.
H.
Peer and independent consultant review. The City Council authorizes the Director to, in the Director's discretion, select and retain an independent consultant with specialized training, experience and expertise in telecommunications issues satisfactory to the Director in connection any permit application. The Director may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities deployment or permit applications for wireless facilities, which include, without limitation: (1) permit application completeness and accuracy; (2) pre-construction planned compliance with applicable regulations for human exposure to RF emissions; (3) post-construction actual compliance with applicable regulations for human exposure to RF emissions; (4) whether and to what extent a proposed project will comply with applicable laws; (5) the applicability, reliability and sufficiency of any information, analyses or methodologies used by the applicant to reach any conclusions about any issue with the City's discretion to review; and (6) any other issue identified by the Director that requires expert or specialized knowledge. The Director may request that the independent consultant prepare written reports, testify at public meetings, hearings and appeals and attend meetings with City staff and the applicant. Subject to applicable law, in the event that the Director elects to retain an independent consultant in connection with any permit application, the applicant shall be responsible for the reasonable costs in connection with the services provided, which may include, without limitation, any costs incurred by the independent consultant to attend and participate in any meetings or hearings. Before the independent consultant may perform any services, the applicant shall tender to the City a deposit in an amount equal to the estimated cost for the services to be provided, as determined by the Director. The Director may request additional deposits as reasonably necessary to ensure sufficient funds are available to cover the reasonable costs in connection with the independent consultant's services. If the deposit exceeds the total costs for consultant's services, the Director shall promptly return any unused funds to the applicant after the wireless facility has been installed and passes a final inspection by the Director or his or her designee. If the reasonable costs for the independent consultant's services exceed the deposit, the Director shall invoice the applicant for the balance. The City shall not issue any building permit or encroachment permit to any applicant with any unpaid invoices.
(Ord. 6044 § 1, 2021)
§ 9.170.080 Public Notice.
A.
Posted notice. Within five business days after an application is duly filed with the department, the applicant shall: (1) post notice on the proposed project site in a location near to and visible from the public rights-of-way; and (2) provide the department with evidence that such notice has been posted. The applicant is responsible for maintaining and replacing the sign as necessary during the duration of the application review process until the Director acts on the application and all appeals have been exhausted. The sign shall be composed from durable quality and weather-resistant materials that will not deteriorate under normal circumstances for the duration of the notice period. The sign shall be at least two feet wide by three feet tall. The sign shall not be placed in any location where it would obstruct travel or visibility for vehicles, bicycles, pedestrians or other users in the public rights-of-way. The City encourages applicants to consult with the Department on placement locations to avoid any potential hazards. In addition to the content requirements in this section, the posted notice shall include a URL for the City's website page where application information can be obtained once uploaded in accordance with subsection B below.
B.
Application submittal notice. Within approximately 10 calendar days after an application is received and before any approval or denial, the department shall: (1) mail public notice to all persons entitled to notice and (2) post public notice on the City's website. In addition to the general requirements in subsection D below, public notices required under this subsection shall include information about when and how interested parties may file an appeal from a decision by the Director.
C.
Public hearing notice. At least 10 calendar days before a public hearing to consider an appeal, the department shall: (1) mail public notice to all persons entitled to notice; and (2) publish notice in at least one newspaper of general circulation within the City. In addition to the general requirements in subsection D below, public notices required under this subsection shall include the date, time and location for the public hearing and the URL to the project webpage on the City's website. The agenda for the public hearing shall contain a URL for any video conference options.
D.
Public notice content. In addition to any other requirements, all notices required under subsections A, B, and C above shall include: (1) a general project description with photo simulations; (2) the applicant's identification and contact information as provided on the application submitted to the City; (3) contact information for the department for interested parties to submit comments; and (4) a statement as to whether a public hearing will be required for the application or not.
E.
Decision notices. Within five calendar days after the Director acts on an application governed under this chapter or before the shot clock expires (whichever occurs first), the Director shall send a written notice to the applicant and all persons entitled to notice and shall post public notice on the City's website. If the Director denies the application (with or without prejudice), the written notice to the applicant must contain: (1) the reasons for the denial; and (2) instructions for how and when to file an appeal.
(Ord. 6044 § 1, 2021)
§ 9.170.090 Approvals, Denials and Appeals.
A.
Initial administrative decision. After having considered all timely received public comments on the application, the Director shall approve, conditionally approve or deny a complete and duly filed permit application without a public hearing. To allow interested persons with a meaningful opportunity to appeal the Director's decision, the Director shall act within 29 shot clock days from a duly filed application.
B.
Required findings for approval. The Director may approve an application only when the Director makes all the following findings:
1.
The proposed project meets the definition for a "small wireless facility" as defined by the FCC or otherwise is a qualifying strand-mounted wireless facility pursuant to Section 9.170.040.B;
2.
The proposed project complies with all applicable design standards in this chapter, including, but not limited to, Section 9.170.110, and is compatible with the character of the area;
3.
The proposed project complies with all applicable location standards in this chapter, including, but not limited to Section 9.170.100;
4.
The proposed project would not be located on a prohibited support structure identified in this chapter, including, but not limited to, Section 9.170.100.B;
5.
The proposed project is essential to or desirable for the public convenience or welfare;
6.
The proposed project, including, without limitation, its appearance and operation, would not be materially adverse to public peace, health, safety, comfort or general welfare, and will not materially affect property values in the neighborhood;
7.
The proposed project is consistent with the General Plan and any applicable specific plan, and would not be materially detrimental to the use of surrounding properties or improvements;
8.
The applicant has demonstrated that the proposed project will be in planned compliance with all applicable FCC regulations and guidelines for human exposure to RF emissions, including, but not limited to, as required by Section 9.170.070.C;
9.
The applicant has provided confirmation that an environmental assessment, or other application determination, has been completed by or on behalf of the FCC for any facility proposed in a location identified in 47 C.F.R. 1.307 (including a floodplain) or as otherwise required by National Environmental Policy Act, including, but not limited to, as required by Section 9.170.070.C; and
C.
Conditional approvals; denials without prejudice. Subject to any applicable Federal or State laws, nothing in this chapter is intended to limit the Director's ability to conditionally approve or deny without prejudice any application governed under this policy as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the general plan and any applicable specific plan, the Code and this chapter.
D.
Appeals. Any interested person may appeal the decision to the City Council pursuant to the procedures in Chapter 1.30 of the Code, except that Section 1.30.050 of the Code is modified for the purposes of this section to provide that: (1) an appeal notice must be filed with the City Clerk within seven calendar days from the date of the Director's decision. The notice must contain a short and plain statement about the basis for the appeal, which may be supplemented after the notice period has expired but before the appeal hearing; (2) appeals from an approval shall not be permitted when based on reasons otherwise compliant under this chapter, including appeals based on duly adopted preapproved designs or the environmental effects from RF emissions that are compliant with applicable FCC regulations and guidelines; and (3) the City Council shall hear appeals de novo and issue the applicant and any person entitled to notice a written decision within five calendar days after the appeal hearing. If the City Council denies the application on appeal (whether by affirmation or reversal), the written notice shall contain the reasons for the decision.
E.
Limited exceptions.
1.
Preface. The provisions in this section establish a procedure by which the City may grant an exception to the standards in this chapter but only to the extent necessary to avoid conflict with applicable Federal or State law. When the applicant requests an exception, the Director (or the City Council on appeal) shall consider the findings in subsection E.2 below in addition to the findings required under subsection B above. Each exception is specific to the facts and circumstances in connection with each application. An exception granted in one instance shall not be deemed to create a presumption or expectation that an exception will be granted in any other instance.
2.
Required Findings. The approval authority shall not grant any limited exception pursuant to this section unless the approval authority finds all the following:
a.
The applicant has provided the approval authority with a reasonable and clearly defined technical service objective to be achieved by the proposed facility;
b.
The applicant has provided the approval authority with a detailed written statement that explains why (i) a denial based on the application's noncompliance with a specific provision or requirement would violate Federal law, State law or both; or (ii) a provision in this chapter, as applied to the applicant, would violate any rights or privileges conferred on the applicant by Federal or State law;
c.
The applicant has provided the approval authority with a written statement that contains a detailed and fact-specific explanation as to why the proposed facility cannot be deployed in compliance with the applicable provisions in this chapter, the Santa Barbara Municipal Code, the General Plan or any specific plan;
d.
The applicant has provided the approval authority with a meaningful comparative analysis with the factual reasons why all alternative locations and designs identified in the administrative record (whether suggested by the applicant, the City, public comments or any other source) are not technically feasible or potentially available to reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed facility;
e.
The applicant has demonstrated that the proposed location and design is the least non-compliant configuration that will reasonably achieve the applicant's reasonable and clearly defined technical service objective to be achieved by the proposed facility, which includes without limitation a meaningful comparative analysis into multiple smaller or less intrusive facilities dispersed throughout the intended service area;
f.
The exception requested by the applicant does not compromise or excuse compliance any fire safety or other public safety standard; and
g.
The exception is narrowly tailored such that any deviation from this chapter is only to extent necessary for compliance with Federal or State law.
3.
Burden of Proof. The applicant shall have the burden to prove to the Director (or City Council on appeal) that an exception should be granted pursuant to this section. The standard of evidence shall be the same as required by applicable Federal or State law for the issue raised in the applicant's request for an exception.
4.
Expert Review. Due to the technical nature of issues likely to be raised, independent consultant review will generally be appropriate when considering an exception request.
5.
Legal Review. The approval of any exception request shall require the consultation of the City Attorney as to the validity and legal justification for the exception.
(Ord. 6044 § 1, 2021)
§ 9.170.100 Location Standards.
A.
Locations. To assist applicants, staff and the approval authority understand and respond to the community's aesthetic preferences and values, this subsection describes preferred and discouraged locations for small wireless facilities and strand-mounted wireless facilities in the public rights-of-way.
1.
Preferred Locations. The City requires small wireless facilities and strand-mounted wireless facilities in the public rights-of-way to be installed at locations, ordered from most preferred to least preferred, as follows:
a.
Locations on principal arterials within Manufacturing Zones;
b.
Locations on minor arterials within Manufacturing Zones;
c.
Locations on State highways within Manufacturing Zones that also require a Caltrans Encroachment Permit;
d.
Locations on major collector roads within Manufacturing Zones;
e.
Locations on minor collector roads within Manufacturing Zones;
f.
Locations on local roads within Manufacturing Zones;
g.
Locations on principal arterials within Commercial and Office Zones;
h.
Locations on minor arterials within Commercial and Office Zones;
i.
Locations on State highways within Commercial and Office Zones that also require a Caltrans Encroachment Permit;
j.
Locations on major collector roads within Commercial and Office Zones;
k.
Locations on minor collector roads within Commercial and Office Zones;
l.
Locations on local roads within Commercial and Office Zones;
m.
Locations on principal arterials within Coastal-Oriented Zones;
n.
Locations on minor arterials within Coastal-Oriented Zones;
o.
Locations on State highways within Coastal-Oriented Zones that also require a Caltrans Encroachment Permit;
p.
Locations on major collector roads within Coastal-Oriented Zones;
q.
Locations on minor collector roads within Coastal-Oriented Zones;
r.
Locations on local roads within Coastal-Oriented Zones;
s.
Locations on principal arterials within Park and Recreation Zones;
t.
Locations on minor arterials within Park and Recreation Zones;
u.
Locations on State highways within Park and Recreation Zones that also require a Caltrans Encroachment Permit;
v.
Locations on major collector roads within Park and Recreation Zones;
w.
Locations on minor collector roads within Park and Recreation Zones; and
x.
Locations on local roads within Park and Recreation Zones.
2.
Discouraged Locations. Applicants shall not propose to install small wireless facilities or strand-mounted wireless facilities in a discouraged location unless no alternative site in a preferred location would be technically feasible. The following locations are discouraged, and ordered from least discouraged to most discouraged:
a.
Locations on principal arterials within Residential Zones;
b.
Locations on minor arterials within Residential Zones;
c.
Locations on State highways within Residential Zones that also require a Caltrans Encroachment Permit;
d.
Locations on major collector roads within Residential Zones;
e.
Locations on minor collector roads within Residential Zones;
f.
Locations on local roads within Residential Zones;
g.
Locations within 250 feet from a historic resource;
h.
Locations within 500 feet from the small wireless facility or strand-mounted wireless facility to a hospital or assisted living facility structure;
i.
Locations within 500 feet from the small wireless facility or strand-mounted wireless facility to a daycare facility, K-12 school structure, or City designated park; and
j.
Locations within 500 feet from the small wireless facility or strand-mounted wireless facility to a residential dwelling's windows for living areas.
B.
Support structures. To assist applicants, staff and the approval authority understand and respond to the community's aesthetic preferences and values, and to mitigate unnecessary obstructions in the public rights-of-way, this subsection describes preferred and prohibited support structures.
1.
Small Wireless Facility Support Structure Preferences. The City requires small wireless facilities in the public rights-of-way to be installed on support structures, ordered from most preferred to least preferred, as follows:
a.
Existing or replacement streetlights;
b.
New, non-replacement streetlights;
c.
Existing or replacement utility poles;
d.
New, non-replacement non-pole concealment structures; and
e.
Existing or replacement non-pole concealment structures, such as monuments, kiosks, bus shelters and other street furniture.
2.
Strand-Mounted Wireless Facility Support Structures. The City requires strand-mounted wireless facilities in the public rights-of-way to be installed on a strand, cable or line strung between two existing utility poles.
C.
Encroachments over private property. No small wireless facilities, strand-mounted wireless facilities or any associated antennas, accessory equipment or improvements may encroach onto or over any private or other property outside the public rights-of-way without the property owner's express written consent.
D.
No interference with other uses. Small wireless facilities, strand-mounted wireless facilities and any associated antennas, accessory equipment or improvements shall not be located in any place or manner that would physically interfere with or impede access to any: (1) worker access to any aboveground or underground infrastructure for traffic control, streetlight or public transportation, including, without limitation, any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (2) access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop; (3) worker access to above-ground or underground infrastructure owned or operated by any public or private utility agency; (4) fire hydrant or water valve; (5) access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights-of-way; (6) fire escape; or (7) streets or sidewalks in violation of any applicable laws, including, but not limited to, the Americans with Disabilities Act, the General Plan Local Costal Program and any applicable specific plan (e.g., Pedestrian Master Plan) and the Code.
E.
Replacement pole location. All replacement poles must: (1) be located as close to the removed pole as possible; (2) be aligned with the other existing poles along the public rights-of-way; and (3) be compliant with all applicable standards and specifications by the identified or required by the Director, which may include, without limitation, requirements that the replacement pole match the color and finish of the existing pole.
F.
Additional requirements. In addition to all other requirements in this chapter, small wireless facilities, strand-mounted wireless facilities and all associated antennas, accessory equipment or improvements shall:
1.
Be placed as close as possible to alignment with the property line that divides two parcels abutting the public rights-of-way;
2.
Not be placed directly in front of any door or window;
3.
Not be placed within 20 feet from a residential dwelling's windows;
4.
Be placed at mid-block instead of at any intersections on principal arterials and minor arterials;
5.
Not be placed within any clear zone at any intersections;
6.
Not be placed within any garage/access driveway triangle area that crosses a front property line and blocks visibility above 42 inches. This triangle area is created:
a.
When a driveway directly abuts a portion of a street with a sidewalk and parkway, the triangle is measured on two sides by a distance of 10 feet from the side of a driveway and 10 feet back from the front lot line; or
b.
When a driveway directly abuts a portion of a street without a sidewalk and parkway, the minimum required site distance is established based on legal vehicle speed and the position of the driver's eye in relation to the intersection as determined by the Director. The Director may require additional site distance due to site-specific conditions;
7.
Not be placed in any location that obstructs view lines for traveling vehicles, bicycles and pedestrians;
8.
Not be placed in any location that obstructs views of any traffic signs or signals;
9.
Not be placed in any location that obstructs illumination patterns for existing streetlights;
10.
Be placed at least 15 feet away from any driveway or established pedestrian pathway between a residential structure and the public rights-of-way;
11.
Be placed at least 50 feet away from any driveways for police/sheriff's stations, fire stations or other emergency responder facilities; and
12.
Be placed at least 50 feet away from any streetlight, utility pole or other similar support structure if the small wireless facility and any associated antennas, accessory equipment or improvements are attached to or part of any new, non-replacement support structure.
(Ord. 6044 § 1, 2021)
§ 9.170.110 Design Standards.
A.
General design standards. The standards in this subsection shall be applicable to all small wireless facilities and strand-mounted wireless facilities in the public rights-of-way:
1.
Stealth/Concealment. All small wireless facilities and strand-mounted wireless facilities must be stealth to the maximum extent feasible with concealment elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses.
2.
Finishes. All exterior surfaces shall be painted, colored and wrapped in flat, non-reflective hues that match the underlying support structure or blend with the surrounding environment. All surfaces shall be treated with graffiti-resistant sealant. All finishes shall be subject to the approval authority's prior approval.
3.
Noise. All small wireless facilities and strand-mounted wireless facilities must be compliant with all applicable noise regulations. Equipment likely to create noise, such as cooling fans, are strongly discouraged except when placed in an underground vault. The approval authority may require the applicant to incorporate appropriate noise-baffling materials and noise-mitigation strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.
4.
Trees and Landscaping. Small wireless facilities and strand-mounted wireless facilities shall not be installed (in whole or in part) within any tree drip line. Small wireless facilities may not displace any existing tree or landscape features. All small wireless facilities proposed to be placed in a landscaped area in the public rights-of-way must include hardscape or landscape features (which may include, without limitation, shrubs and ground cover) and a landscape maintenance plan. The approval authority may require additional hardscape or landscape features for small wireless facilities proposed to be placed in a landscaped area in the public rights-of-way to screen the small wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the stealth techniques required under this chapter. All plants proposed or required must be native and drought-resistant and be consistent with any landscaping requirements for the underlying zone.
5.
Security Measures. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as locks, removable climbing pegs and anti-climbing devices, may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth techniques, and the approval authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional hardscape or landscape features. The approval authority shall not approve barbed wire, razor ribbon, electrified fences or any similar security measures. Cabinets and equipment shroud must be kept secured to prevent unauthorized access.
6.
Secondary Power Sources. The approval authority may approve secondary or backup power sources on a case-by-case basis. The approval authority shall not approve any permanent diesel generators within the public rights-of-way or at any other location or within 200 feet from any residence; provided, however, the approval authority may approve sockets or other connections used for temporary backup generators.
7.
Lights. All new or replacement street lights and street light fixtures must be aimed and shielded so that their illumination effects are directed downwards and confined within the public rights-of-way in a manner consistent with any other standards and specifications as identified or required by the approval authority. Small wireless facilities and strand-mounted wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC or other applicable Federal or State governmental regulations. All antennas, accessory equipment and other improvements with indicator, status or other lights must be installed in locations and within enclosures that eliminate illumination impacts visible from publicly accessible areas. Any light beacons or lightning arresters shall be included in the overall height calculation.
8.
Signage; Advertisements. All small wireless facilities and strand-mounted wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator's site name or identification number and a toll-free number to the owner/operator's network operations center. Small wireless facilities and strand-mounted wireless facilities may not bear any other signage or advertisements unless expressly approved by the approval authority, required by law or recommended under FCC or other Federal governmental agencies for compliance with RF emissions regulations.
9.
Parking; Access. Any equipment or improvements constructed or installed in connection with any wireless facilities must not reduce any street parking spaces within the public rights-of-way.
10.
Concealment on Historic Resources. Facilities on historic structures, in an historic district or within 250 feet from an historic resource shall be designed to be consistent with the architectural style and time period of the historic structure, district and/or resource. The approval authority may require additional concealment elements and/or impose additional conditions as necessary to protect historic structures, districts and/or resources.
11.
Compliance with Laws. All small wireless facilities and strand-mounted wireless facilities must be designed and sited in compliance with all applicable Federal, State and local laws, regulations, rules, restrictions and conditions, which includes, without limitation, the California Building Standards Code, Americans with Disabilities Act, Fair Housing Amendments Act of 1988, National Environmental Policy Act, FCC rules and regulations, general plan and any applicable specific plan, the Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.
B.
Antennas. The provisions in this subsection are generally applicable to all antennas.
1.
Shrouding; Other Stealth/Concealment. All antennas and associated cables, jumpers, wires, mounts, masts, brackets and other connectors and hardware must be installed within a single shroud or radome to the extent technically feasible. If the antennas cannot be placed in an opaque shroud, the Director may approve alternative stealth techniques consistent with the goals of this chapter. For pole-top antennas, the shroud must be visually consistent with the design, color and scale of the underlying pole, and generally should not exceed two and one-half times the median pole diameter. For side-arm antennas, the shroud must cover the cross arm and any cables, jumpers, wires or other connectors between the vertical riser and the antenna.
 Figure 1: Antenna concealed within a single shroud (or radome) with a tapered cable shroud between the antenna and pole-top. |
2.
Antenna Volume. Each individual antenna associated with a single small wireless facility shall not exceed three cubic feet. The cumulative volume for all antennas on a single small wireless facility shall not exceed: (a) three cubic feet within 500 feet of a residential dwelling; or (b) six cubic feet for all other locations.
3.
Overall Height. No antenna may extend more than six feet above the support structure plus any minimum separation between the antenna and other pole attachments required by applicable health and safety regulations, or the maximum structure height permitted by the underlying zone pursuant to Titles 28, 29 or 30 as applicable (whichever is less), except that the maximum overall height for an antenna on any support structure shall be 25 feet in a Hillside Design District.
4.
Horizontal Extensions. Side-mounted antennas, where permitted, should be placed as close to the support structure as technically feasible and shall not extend over any roadway for vehicular travel or any abutting private property. If applicable laws require a side-mounted antenna to extend more than 24 inches from the support structure, the extension shall be no greater than required for compliance with such laws as documented by the applicant with clear and convincing evidence in the application.
 Figure 2: Pole-top antenna on a wood utility pole. |
C.
Accessory equipment. The provisions in this subsection are generally applicable to all accessory equipment.
1.
Volume. Surface-mounted and above-ground accessory equipment for a single small wireless facility or strand-mounted wireless facility shall be as small as technically feasible for the technology(ies) involved. This requirement shall not be applicable to accessory equipment placed underground or within existing structures.
2.
Undergrounded Accessory Equipment.
a.
Where Required. Accessory equipment (other than any electric meter (where permitted because a flat-rate service is not available) and an emergency disconnect switch) shall be placed underground when proposed in any: (i) underground utility district; or (ii) any location where the Director finds substantial evidence that the additional above-ground accessory equipment would incommode the public's uses in the public rights-of-way. Notwithstanding the preceding sentence, the Director may grant an exception when the applicant demonstrates by clear and convincing evidence that compliance with this subsection would be technically infeasible or substantially similar existing accessory equipment has been permitted above ground in the same underground utility district.
b.
Vaults. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load-rated to meet the City's standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip-resistant cover and properly secured to prevent unauthorized access. Vents for airflow shall be flush-to-grade when placed within the sidewalk and may not exceed two feet above grade when placed off the sidewalk. Vault lids shall not exhibit logos or commercial advertisements.
 Figure 3: Flush-to-grade underground equipment vault. |
3.
Pole-Mounted Accessory Equipment. The provisions in this paragraph are applicable to all polemounted accessory equipment in connection with small wireless facilities and strand-mounted wireless facilities.
a.
Preferred Stealth/Concealment Techniques. Applicants should propose to place any polemounted accessory equipment in the least conspicuous position under the circumstances presented by the proposed pole and location. Pole-mounted accessory equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations.
b.
Minimum Ground Clearance. The lowest point on any pole-mounted accessory equipment shall be at least 10 feet above ground level adjacent to the pole. If applicable laws require any pole-mounted accessory equipment component to be placed less than 10 feet above ground level, the clearance from ground level shall be no less than required for compliance with such laws.
 Figure 4: Pole-mounted accessory equipment shroud on a wood utility pole. |
c.
Horizontal Extension. Pole-mounted accessory equipment should be as close to flush with the pole as technically feasible and shall not extend over any roadway for vehicular travel or any abutting private property. If applicable laws preclude flush-mounted accessory equipment, the separation gap between the pole and the accessory equipment shall be no greater than required for compliance with such laws and concealed by opaque material (such as cabinet "flaps" or "wings").
Figure 5: Shrouded, side-mounted antenna on wood utility pole to comply with CPUC horizontal separation requirements. |
 Figure 6: Flush-mounted radio shroud. |
d.
Orientation. Unless placed behind a street sign or some other concealment that dictates the equipment orientation on the pole, all pole-mounted accessory equipment should be oriented away from prominent views. In general, the proper orientation will likely be toward the street to reduce the overall profile when viewed from the nearest abutting properties. If orientation toward the street is not feasible, then the proper orientation will most likely be away from oncoming traffic. If more than one orientation would be technically feasible, the Director may select the most appropriate orientation.
 Figure 7: Accessory equipment concealed behind banners. |
4.
Surface-Mounted or Base-Mounted Accessory Equipment. The provisions in this paragraph are applicable to all surface-mounted and base-mounted accessory equipment in connection with small wireless facilities and strand-mounted wireless facilities.
 Figure 8: Base-mounted accessory equipment. |
a.
Concealment. On collector roads and local streets, the City prefers ground-mounted accessory equipment to be concealed as follows: (i) within a landscaped parkway, median or similar location, behind or among new/existing landscape features and painted "Frazee Malaga Green" or powder coated matching Classic RAL System RAL 6012 "Black Green" or wrapped in flat natural colors to blend with the landscape features. On arterial roads outside underground utility districts, proposed ground-mounted accessory equipment should be completely shrouded or placed in a cabinet substantially similar in appearance to existing groundmounted accessory equipment cabinets.
b.
Public Safety; Visibility. To promote and protect public health and safety and prevent potential hazards hidden behind large equipment cabinets, no individual ground-mounted accessory equipment cabinet may exceed four feet in height or four feet in width.
5.
Utilities. The provisions in this paragraph are applicable to all utilities and other related improvements that serve small wireless facilities and strand-mounted wireless facilities.
a.
Overhead Lines. The Director shall not approve any new overhead utility lines in underground utility districts. In areas with existing overhead lines, new communication lines shall be "overlashed" with existing communication lines but service conduits shall be placed underground. No new overhead utility service drops shall be permitted to traverse any roadway used for vehicular transit.
b.
Vertical Cable Risers. All cables, wires and other connectors must be routed through conduits within the pole or other support structure, and all conduit attachments, cables, wires and other connectors must be concealed from public view. To the extent that cables, wires and other connectors cannot be routed through the pole, such as with wood utility poles, applicants shall route them through external conduits or shrouds that have been finished to match the underlying pole.
c.
Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds.
d.
Electric Meters. Small wireless facilities and strand-mounted wireless facilities shall use flatrate electric service or other method that obviates the need for a separate above-grade electric meter. Flat-rate electric services shall comply with the rules of the electrical utility as authorized by the CPUC. Flat-rate electric services must include a load control device (fused splice box) and an automatic disconnect switch and be in compliance with the National Electric Code for surge protection. If flat-rate service is not available, applicants may install a separate meter pedestal per City Standard Detail L-09.0. If the proposed project involves a groundmounted equipment cabinet, an electric meter may be integrated with the cabinet, but the Director shall not approve a separate ground-mounted electric meter pedestal. In no case shall permittee be permitted to use electricity/power provided by a City-owned street light or City-owned circuit without separate written authorization from the City.
e.
Existing Conduit. To reduce unnecessary wear and tear on the public rights-of-way, applicants are encouraged to use existing conduits whenever available and technically feasible. Access to any conduit owned by the City shall be subject to a separate written agreement and the Director's prior written approval, which the Director may withhold or condition as the Director deems necessary or appropriate to protect the City's infrastructure, prevent interference with the City's municipal functions and public health and safety.
6.
Fire Safety Standards. All small wireless facilities and strand-mounted wireless facilities shall include: (a) a power shut off immediately accessible to fire service personnel, such as by means of Rapid Entry Knox or similar type systems installed as required by the fire safety authority, upon arrival at the scene of a fire or anticipated power surge due to power being turned off or on for any reason; (2) surge protection devices capable of mitigating a direct or partial direct lightning discharge; (3) surge protection devices capable of mitigating significant electrical disturbances that may enter the facility via conductive cables; (4) at least one-hour fire resistant interior surfaces to be used in the composition of all structures; and (5) monitored automatic fire notification and extinguishing systems for all small wireless facilities and strand-mounted wireless facilities as approved by the fire safety authority.
D.
Strand-mounted wireless facility additional design standards. Notwithstanding anything in this section to the contrary, the following additional design standards shall apply to all strand-mounted wireless facilities:
1.
Quantity. No more than one strand-mounted wireless facility may be installed: (a) on any single span between two poles; or (b) directly adjacent to any single pole.
2.
Placement. Strand-mounted wireless facilities must be placed as closed as possible to the nearest pole and in no event more than five feet from the nearest pole unless a greater distance is required by applicable health and safety regulations. No portion of a strand-mounted wireless facility may be located in or above the portion of the roadway open to vehicular traffic.
3.
Volume. Strand-mounted wireless facilities shall not exceed three cubic feet in total volume.
4.
Ground-Mounted Equipment. The approval authority shall not approve any ground-mounted equipment in connection with a strand-mounted wireless facility, unless the ground-mounted equipment consists of a remote power source used to power a cluster of strand-mounted wireless facilities, in which case such ground-mounted equipment shall be subject to the applicable provisions of this section.
5.
Equipment Finish. All strand-mounted equipment shall be finished in a non-reflective grey color. Any accessory equipment associated with the strand-mounted wireless facility mounted on the pole shall be finished to match the underlying pole.
6.
Excess Cabling. Strand-mounted wireless facilities must be installed with the minimum excess exterior cabling or wires as technically feasible. "Snow shoes" and other spooled fiber or cables are prohibited.
7.
Health and Safety Regulations. All equipment and other improvements associated with a strandmounted wireless facility must comply with all applicable health and safety regulations.
 Figure 9: Strand-mounted wireless facility with a ground-mounted remote power source. |
 Figure 10: Strand-mounted wireless facility adjacent to a cable television wi-fi node. |
(Ord. 6044 § 1, 2021)
§ 9.170.120 Preapproved Designs.
A.
Preface. To expedite the review process and encourage collaborative designs among applicants and the City, the City Council authorizes the Board to designate one or more preapproved designs for small wireless facilities or strand-mounted wireless facilities as set forth in subsection B, below. This section sets out the process to establish or repeal a preapproved design and the review procedures and findings applicable to these applications.
B.
Procedures to establish or repeal a preapproved design.
1.
Applications. The Director shall prepare, publish and maintain an application form for requests to establish a preapproved design. In addition to all other requirements specified by the Director, the application shall include (a) scaled conceptual plans and drawings; (b) photo simulations that depict the proposed preapproved design in typical locations within the City; (c) color and/or finish samples; (d) manufacturer product data sheets; and (e) an application fee established by City Council resolution.
2.
Application Submittal.
a.
Voluntary Pre-Submittal Conference. The department shall provide prospective applicants with the opportunity to schedule and attend a pre-submittal conference with department staff. The City encourages pre-submittal conferences for all applications. The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, any latent issues in connection with the proposed preapproved design, such as compliance with generally applicable rules for public health and safety; potential stealth or concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The department shall use reasonable efforts to provide the applicant with an appointment within five working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the services rendered in the pre-submittal conference.
b.
Application Submittal Appointments. All applications must be submitted to the City at a prescheduled appointment with the department. The department shall use reasonable efforts to provide the applicant with an appointment within five working days after the department receives a written request. Any application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed.
3.
Optional Mockup. The Director, in the Director's discretion, require an applicant for a preapproved design to erect a full-scale mockup to aid the City's review. The mockup may use actual or replica equipment to show all visible elements. The mockup shall be placed on City-owned property and maintained throughout the preapproval review process.
4.
Public Notices. All public notices in connection with any hearing required by this section shall be given in accordance with Chapter 30.205.
5.
Initial Review. Within a reasonable time after the department receives a complete application for a preapproved design, the Director shall prepare and transmit a written recommendation to the Board together with the complete administrative record associated with the application. The Director's initial recommendation shall not require a noticed public hearing.
6.
Board Action. The Board shall conduct a noticed public hearing in conformance with the provisions of Chapter 30.205. After the public hearing, the Board shall make a written determination on the proposed preapproved design. The determination requires an affirmative vote by a majority of the total membership of the Board. Approvals or denials by the Board shall be: (1) immediately effective; and (2) final and not subject to any further appeals and reflected in the meeting minutes.
7.
Required Findings to Establish a Preapproved Design. An application for a preapproved design may not be recommended for approval by the Board unless the proposed preapproved design is found to be: (a) in substantial conformance with the applicable design requirements in Section 9.170.110; and (b) architecturally compatible with the areas in which the preapproved design would be available. If the findings may be made for some but not all areas within the City, the recommendation for approval may be limited to specific areas identified by the approval authority in its written findings.
8.
Nondiscrimination. An established preapproved design may be used by any applicant, whether the applicant originally initiated the preapproval process or not. The Board's decision to adopt a preapproved design expresses no preference or requirement that applicants use the specific vendor or manufacturer that fabricated the design depicted in the preapproved plans. Any other vendor or manufacturer that fabricates a facility to the standards and specifications in the preapproved design with like materials, finishes and overall quality shall be acceptable as a preapproved design.
9.
Repeal. A preapproved design may be repealed only by a subsequent City Council resolution. A recommendation to repeal a preapproved design may be made by the Director, Board, Planning Commission or City Council on such official's or body's own motion. Such recommendation for repeal shall include a written statement with the reasons for the proposed repeal.
C.
Modified review procedures. Applications for a preapproved design within 500 feet of a residential dwelling shall remain subject to the notice requirements in Section 9.170.080 and any potential appeals under Section 9.170.090.D. Otherwise, applications for a preapproved design in all other locations shall not be subject to the notice requirements in Section 9.170.080 or any potential appeals under Section 9.170.090.D.
D.
Modified findings for approval. For any complete Small Cell Facility Permit application utilizing a preapproved design, the Director shall presume that the proposed project complies with the findings required under Sections 9.170.090.B.1 through B.7. No such presumption shall be applicable to the required findings under Sections 9.170.090.B.3, 9.170.090.B.8, 9.170.090.B.9 or 9.170.090.B.10.
(Ord. 6044 § 1, 2021)
§ 9.170.130 Standard Conditions of Approval.
A.
Standard conditions. Except as may be authorized in subsection B below, all Small Cell Facility Permits issued under this chapter shall be automatically subject to the conditions in this section and these conditions shall be deemed to be incorporated by reference to any permit approved or deemed approved by applicable law.
1.
Permit Term. This permit will automatically expire 10 years and one day from its issuance unless California Government Code Section 65964(b) authorizes the City to establish a shorter term for public safety reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under Federal or State law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under Federal or State law.
2.
Permit Renewal. The permittee may apply for permit renewal not more than one year before this Small Cell Facility Permit expires. The permittee must demonstrate that the subject small wireless facility or strand-mounted small cell facility complies with all the conditions of approval associated with this Small Cell Facility Permit and all applicable provisions in the Code and this chapter that exists at the time the decision to renew or not renew is rendered. The Director may modify or amend the conditions on a case-by-case basis as may be necessary or appropriate to ensure compliance with this chapter or other applicable law. Upon renewal, this Small Cell Facility Permit will automatically expire 10 years and one day from its issuance.
3.
Approved Plans. Any construction plans submitted to the building official shall incorporate the permit, together with all conditions of approval and the photo simulations associated with the permit (collectively, the "approved plans"). The permittee must construct, install and operate the small wireless facility or strand-mounted wireless facility in substantial compliance with the approved plans. Any alterations, modifications or other changes to the approved plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the small wireless facility or strand-mounted wireless facility, shall be subject to the Director's prior review and approval. After the Director receives a written request to approve an alteration, modification or other change to the approved plans, the Director may refer the request to the City Council if the Director finds that it substantially deviates from the approved plans or implicates a significant or substantial land-use concern.
4.
GO 159A Certification. Within 15 business days after the City issues a Small Cell Facility Permit, the permittee shall serve copies of California Public Utility Commission notification letters to City Clerk, Director and City Manager, as required by CPUC General Order No. 159A.
5.
Pre-Construction. The permittee shall stake the site, install temporary best management practices and request a pre-grade inspection prior to the commencement of any construction.
6.
Post-Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations of a small wireless facility or strand-mounted wireless facility approved or deemed-approved, the permittee shall provide the Director with documentation reasonably acceptable to the Director that the small wireless facility or strand-mounted wireless facility has been installed and constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as-built drawings, GIS data and site photographs.
7.
Build-Out Period. This Small Cell Facility Permit will automatically expire 36 months from the approval date (the "build-out period") unless the permittee obtains all other permits and approvals required to install, construct and operate the approved small wireless facility or strand-mounted wireless facility, which includes, without limitation, any permits or approvals required by any Federal, State or local public agencies with jurisdiction over the subject property, support structure or the small wireless facility or strand-mounted wireless facility and its use. The permittee may request in writing, and the City may grant in writing, one six-month extension if the permittee submits substantial and reliable written evidence demonstrating justifiable cause for a six-month extension. If the build-out period and any extension finally expire, the permit shall be automatically void but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project.
8.
Site Maintenance. The permittee shall keep the site, which includes, without limitation, any and all improvements, equipment, structures, access routes, fences, hardscape and landscape features, in a neat, clean and safe condition in accordance with the approved construction drawings and all conditions in this Small Cell Facility Permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee shall regularly inspect the small wireless facility or strandmounted wireless facility to determine whether any maintenance is needed. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.
9.
Compliance with Laws. The permittee shall maintain compliance at all times with all Federal, State and local statutes, regulations, orders or other rules that carry the force of law ("laws") applicable to the permittee, the subject property, the small wireless facility or strand-mounted wireless facility or any use or activities in connection with the use authorized in this Small Cell Facility Permit, which includes, without limitation, any laws applicable to human exposure to RF emissions and any standards, specifications or other requirements identified by the Director (such as, without limitation, those requirements affixed to an encroachment permit). The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all laws. No failure or omission by the City to timely notice, prompt or enforce compliance with any applicable provision in the Code, any permit, any permit condition or any applicable law or regulation, shall be deemed to relieve, waive or lessen the permittee's obligation to comply in all respects with all applicable provisions in the Code, any permit, any permit condition or any applicable law or regulation.
10.
Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and other activities on or about the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City or other State or Federal government agency or official with authority to declare an emergency within the City. The Director may issue a stop work order for any activities that violates this condition in whole or in part. If the Director finds good cause to believe that ambient noise from a facility violates applicable provisions in the Code, the Director, in addition to any other actions or remedies authorized by the permit, the Code or other applicable laws, may require the permittee to commission a noise study by a qualified professional to evaluate the facility's compliance.
11.
Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee. Notwithstanding the prior sentence, the City's officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the City's officers, officials, staff or other designees while any such inspection or emergency access occurs.
12.
Permittee's Contact Information. Prior to final inspection and at all times relevant to this permit, the permittee shall keep on file with the department basic contact and site information on a form provided by the City. This information shall include, but is not limited to, the following: (a) the name, physical address, notice address (if different), direct telephone number and email address for (i) the permittee and, if different from the permittee, the (ii) site operator, (ii) equipment owner, (iii) site manager and (iv) agent for service of process; (b) the regulatory authorizations held by the permittee and, to the extent applicable, site operator, equipment owner and site manager as may be necessary for the facility's continued operation; (c) the facility's site identification number and name used by the permittee and, to the extent applicable, site operator, equipment owner and site manager; and (d) a toll-free telephone number to the facility's network operations center where a live person with power-down control over the facility is available 24 hours-per-day, seven days-per-week. Within 10 business days after a written request by the City, the permittee shall furnish the City with an updated form that includes all the most-current information described in this condition.
13.
Indemnification. The permittee and, if applicable, the property owner upon which the small wireless facility is installed shall defend, indemnify and hold harmless the City, City Council and the City's boards, commissions, agents, officers, officials, employees and volunteers (collectively, the "indemnitees") from any and all: (a) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings ("claims") brought against the indemnitees to challenge, attack, seek to modify, set aside, void or annul the City's approval of this Small Cell Facility Permit; and (b) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents', Directors', officers', employees', contractors', subcontractors', licensees' or customers' acts or omissions in connection with this Small Cell Facility Permit or the small wireless facility or strand-mounted wireless facility. In the event the City becomes aware of any claims, the City will use best efforts to promptly notify the permittee and the private property owner (if applicable) and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner or permittee (as applicable) shall promptly reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve this Small Cell Facility Permit, and that such indemnification obligations will survive the expiration, revocation or other termination of this Small Cell Facility Permit.
14.
Insurance. At all times relevant to this permit, the permittee shall obtain and maintain insurance policies as follows:
a.
Commercial General Liability. Insurance Services Office Form CG 00 01 covering Commercial General Liability ("CGL") on an "occurrence" basis, with limits not less than $1,000,000.00 per occurrence or $2,000,000.00 in the aggregate. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. CGL insurance must include coverage for the following: Bodily Injury and Property Damage; Personal Injury/Advertising Injury; Premises/Operations Liability; Products/Completed Operations Liability; Aggregate Limits that Apply per Project; Explosion, Collapse and Underground ("UCX") exclusion deleted; Contractual Liability with respect to the permit; Broad Form Property Damage; and Independent Consultants Coverage. The policy shall contain no endorsements or provisions limiting coverage for: (a) contractual liability; (b) cross liability exclusion for claims or suits by one insured against another; (c) products/completed operations liability; or (d) contain any other exclusion contrary to the conditions in this permit.
b.
Workers' Compensation. The permittee shall certify that it is aware of the provisions of California Labor Code Section 3700, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and further certifies that the permittee will comply with such provisions before commencing work under this permit. To the extent the permittee has employees at any time during the term of this permit, at all times during the performance of the work under this permit the permittee shall maintain insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease.
c.
Errors and Omissions Policy. The permittee shall maintain Professional Liability (Errors and Omissions) Insurance appropriate to the permittee's profession, with limit no less than $1,000,000.00 per occurrence or claim. This insurance shall be endorsed to include contractual liability applicable to this permit and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the permittee. "Covered Professional Services" as designed in the policy must specifically include work performed under this permit.
d.
Umbrella Policy. If an umbrella or excess liability insurance policy is used to satisfy the minimum requirements for CGL or Automobile Liability insurance coverage listed above, the umbrella or excess liability policies shall provide coverage at least as broad as specified for the underlying coverages and covering those insured in the underlying policies. Coverage shall be "pay on behalf," with defense costs payable in addition to policy limits. Permittee shall provide a "follow form" endorsement or schedule of underlying coverage satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.
e.
Endorsements. The relevant policy(ies) shall name the City, its elected/ appointed officials, commission members, officers, representatives, agents, volunteers and employees as additional insureds. The permittee shall use its best efforts to provide 30 calendar days' prior written notice to the City of the cancellation or material modification of any applicable insurance policy; provided, however, that in no event shall the permittee fail to provide written notice to the City within 10 calendar days after the cancellation or material modification of any applicable insurance policy.
f.
Certificates. Before the City issues any permit, the permittee shall deliver to the Director insurance certificates, in a form satisfactory to the Director, that evidence all the coverage required above. In addition, the permittee shall promptly deliver complete copies of all insurance policies upon a written request by the Director.
15.
Performance Bond. Before the City issues any permits required to commence construction in connection with this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities or other infrastructure removal. The written estimate must include the cost to remove all equipment and other improvements, which includes, without limitation, all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, the Director shall take into consideration any information provided by the permittee regarding the cost to remove the small wireless facility or strand-mounted wireless facility to a standard compliant with applicable laws. The performance bond shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition.
16.
Permit Revocation. Any permit granted under this chapter or deemed approved by the operation of law may be revoked in accordance with the provisions and procedures in this condition. The Director may initiate revocation proceedings when the Director has information that the facility may not be in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s). A permit granted under this chapter or deemed approved by the operation of law may be revoked only by the City Council after a duly notice public hearing. Before any public hearing to revoke a permit granted under this chapter or deemed approved by the operation of law, the Director must issue a written notice to the permittee that specifies: (a) the facility; (b) the violation(s) to be corrected; (c) the timeframe in which the permittee must correct such violation(s); and (d) that, in addition to all other rights and remedies the City may pursue, the City may initiate revocation proceedings for failure to correct such violation(s). The City Council may revoke a permit when it finds substantial evidence in the written record to show that the facility is not in compliance with any applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Any decision by the City Council to revoke or not revoke a permit shall be final and not subject to any further appeals. Within five business days after the City Council adopts a resolution to revoke a permit, the Director shall provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.
17.
Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes, without limitation, the Small Cell Facility Permit application, Small Cell Facility Permit, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the Small Cell Facility Permit (collectively, "records"). If the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing records will be construed against the permittee. The permittee shall protect all records from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep records in an electronic format; provided, however, that hard copies or electronic records kept in the City's regular files will control over any conflicts between such City-controlled copies or records and the permittee's electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation to create or prepare any records not otherwise required to be created or prepared by other applicable laws. Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable law.
18.
Abandoned Facilities. The small wireless facility or strand-mounted wireless facility authorized under this Small Cell Facility Permit shall be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a small wireless facility or strand-mounted wireless facility is abandoned or deemed abandoned, the permittee or property owner (e.g., joint pole owner) shall completely remove the small wireless facility or strand-mounted wireless facility and all related improvements and shall restore all affected areas to a condition compliant with all applicable laws, which includes, without limitation, the Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within said 90-day period, the City shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal or restoration activities.
19.
Landscaping. The permittee shall replace any landscape or hardscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select plant and maintain replacement landscaping in an appropriate location for the species. Any replacement tree must be substantially the same size as the damaged tree or as otherwise approved by the City. The permittee shall, at all times, be responsible to maintain any replacement landscape or hardscape features.
20.
Cost Reimbursement. The permittee acknowledges and agrees that: (a) the permittee's request for authorization to construct, install and operate the wireless facility will cause the City to incur costs and expenses; (b) the permittee shall be responsible to reimburse the City for all costs incurred in connection with the permit, which includes without limitation costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for authorization to construct, install and operate the wireless facility; (c) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse the City for all such costs 10 days after a written demand for reimbursement and reasonable documentation to support such costs; and (d) the City shall have the right to withhold any permits or other approvals in connection with the wireless facility until and unless any outstanding costs have been reimbursed to the City by the permittee.
21.
Future Undergrounding Programs. Notwithstanding any term remaining on any Small Cell Facility Permit, if other utilities or communications providers in the public rights-of-way underground their facilities in the segment of the public rights-of-way where the permittee's small wireless facility or strand-mounted wireless facility is located, the permittee must also underground its equipment, except the antennas and any approved electric meter, at approximately the same time. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function shall not be exempt from this condition. Small wireless facilities installed on wood utility poles or strand-mounted wireless facilities installed on strands between wood utility poles that will be removed pursuant to the undergrounding program may be reinstalled on a streetlight that complies with the City's standards and specifications. Such undergrounding shall occur at the permittee's sole cost and expense except as may be reimbursed through tariffs approved by the State public utilities commission for undergrounding costs.
22.
Electric Meter Upgrades. If the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground-mounted electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense shall remove the separate or ground-mounted electric meter and enclosure. Prior to removing the electric meter, the permittee shall apply for any encroachment and other ministerial permit(s) required to perform the removal. Upon removal, the permittee shall restore the affected area to its original condition that existed prior to installation of the equipment.
23.
Rearrangement and Relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may: (a) change any street grade, width or location; (b) add, remove or otherwise change any improvements in, on, under or along any street owned by the City or any other public agency, which includes, without limitation, any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; or (c) perform any other work deemed necessary, useful or desirable by the City (collectively, "City work"). The City reserves the rights to do any and all City work without any admission on its part that the City would not have such rights without the express reservation in this Small Cell Facility Permit. If the Director determines that any City work will require the permittee's small wireless facility or strandmounted wireless facility located in the public rights-of-way to be rearranged or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement or relocation. If the permittee fails or refuses to either permanently or temporarily rearrange or relocate the permittee's small wireless facility or strand-mounted wireless facility within a reasonable time after the Director's notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense. The City may exercise its rights to rearrange or relocate the permittee's small wireless facility or strand-mounted wireless facility without prior notice to permittee when the Director determines that City work is immediately necessary to protect public health or safety. The permittee shall reimburse the City for all costs and expenses in connection with such work within 10 days after a written demand for reimbursement and reasonable documentation to support such costs.
24.
Affirmation of Radio Frequency Standards Compliance. The permittee acknowledges and agrees that the permittee shall submit: (a) an affirmation, under penalty of perjury, that the proposed installation will be operated in compliance with 47 U.S.C. Section 324(b); an affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, because it will not cause members of the general public to be exposed to RF levels that exceed the maximum permission exposure levels deemed safe by the FCC; and (c) a copy of the fully completed FCC form "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A" titled "Optional Checklist for Determination of Whether a Facility is Categorically Excluded" for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of "effective radiated power."
25.
Cooperation with Community/Stakeholder Meetings. The permittee shall reasonably cooperate with requests by the City to participate in community meetings with stakeholders, including permittees, applicants and members of the public, to discuss general issues and concerns, anticipated development, deployment plans, construction status and other similar issues pertaining to small wireless facilities and strand-mounted wireless facilities.
26.
Successors and Assigns. The conditions, covenants, promises and terms contained in this permit will bind and inure to the benefit of the City and permittee and their respective successors and assigns.
27.
Severability of Conditions. If any provision in these conditions or such provision's application to any person, entity or circumstances is or held by any court with competent jurisdiction to be invalid or unenforceable: (a) such provision or its application to such person, entity or circumstance will be deemed severed from this permit; (b) all other provisions in this permit or their application to any person, entity or circumstance will not be affected; and (c) all other provisions in this permit or their application to any person, entity or circumstance will be valid and enforceable to the fullest extent permitted by law.
28.
City's Standing Reserved. The City's grant or grant by operation of law of a permit pursuant to this chapter does not waive, and shall not be construed to waive, any standing by the City to challenge any FCC rules that interpret the Telecommunications Act, the Spectrum Act or any permit issued pursuant to this chapter.
29.
Truthful and Accurate Statements. The permittee acknowledges that the City's approval relies on the written statements by permittee or persons authorized to act on permittee's behalf. In any matter before the City in connection with the Small Cell Facility Permit or the small wireless facility or strand-mounted wireless facility approved under the Small Cell Facility Permit, neither the permittee nor any person authorized to act on permittee's behalf shall, in any written or oral statement, intentionally provide material factual information that is incorrect or misleading or intentionally omit any material information necessary to prevent any material factual statement from being incorrect or misleading.
B.
Modified conditions. The City Council authorizes the Director to modify, add or remove conditions to any Small Cell Facility Permit as the Director deems necessary or appropriate to: (1) protect and promote the public health, safety and welfare; (2) tailor the standard conditions in subsection A to the particular facts and circumstances associated with the deployment; or (3) memorialize any changes to the proposed deployment need for compliance with the Code, generally applicable health and safety requirements and any other applicable laws.
(Ord. 6044 § 1, 2021)
§ 9.170.140 Violations.
It is unlawful for any person to perform any act that is prohibited by this chapter or to cause or permit to exist any condition that violates this chapter. This chapter shall be enforceable as provided in Chapters 1.25 and 1.28. A violation of any of the provision of this chapter shall be and is hereby declared a public nuisance and may be subject to an action under California Code of Civil Procedure Section 731, and any other remedy available to the City.
(Ord. 6044 § 1, 2021)
§ 9.180.010 Purpose.
The purpose of the regulations and standards in this chapter are to supplement the opportunity for increased business and pedestrian traffic on sidewalks under Chapter 9.95 of this Code by providing safe and visually appealing opportunities for placement of facilities for outdoor dining within parking spaces on City streets.
(Ord. 6134, 12/12/2023)
§ 9.180.020 Definitions.
means a business engaged in serving prepared food or beverages typically for on-site consumption, as described in Section 30.295.040 of this Code, and includes establishments that are exclusively eating or drinking.
means the service or consumption of food or beverages in conjunction with the operation of an eating and drinking establishment.
means the area of a City street set aside for parking of vehicles between the curb face and vehicular travel way having a width of seven feet perpendicular to the curb and a length of 20 feet parallel to the travel way unless a different dimension has been designated by striping or other painted street markings. In areas designed for diagonal parking, the width of a parking space will be determined by the painted striping and the depth will be a distance of 20 feet measured from the curb face along each side.
means a structure used exclusively for outdoor dining located within one or more parking spaces on a City street.
means the area measured along any front lot line, as described in Section 30.15.110 of this Code. If a lot has more than one business along a frontage, the frontage for the parklet is limited to the frontage of the eating or drinking establishment for which the parklet is licensed.
(Ord. 6134, 12/12/2023)
§ 9.180.030 General Authorization.
A.
Notwithstanding Chapter 9.48 of this Code, parklets may be located in parking spaces on City streets adjacent to eating and drinking establishments in compliance with all requirements of this chapter, except as otherwise provided in Section 9.180.040. Parklets licensed and placed under this chapter will be considered permitted temporary, minor encroachments and not subject to any other provision of this Code governing issuance of permits for encroachments on City streets.
B.
This chapter does not apply to outdoor business facilities authorized under Chapter 31.30 of this Code. The City Engineer may require outdoor business facilities authorized under Section 31.30.040(C) to install traffic safety barriers.
(Ord. 6134, 12/12/2023)
§ 9.180.040 Prohibited Areas.
§ 9.180.050 Location Requirements.
A.
An eating and drinking establishment may locate a parklet in the parking spaces that are entirely within the establishment's street frontage.
B.
An eating and drinking establishment may not locate a parklet in any of the following areas:
1.
A parking space where parking is entirely prohibited as designated by a posted sign or red curbing.
2.
A parking space reserved for parking by persons with disabilities as designated by a posted sign or blue curbing.
3.
A parking space designated as a pedestrian loading zone (white curb) or as a commercial loading zone (yellow curb) unless a replacement loading zone is approved by the City Engineer.
4.
A parking space immediately adjacent to an intersection of two streets or a street and an alley as determined by the City Engineer.
5.
A parking space immediately adjacent to a crosswalk as determined by the City Engineer.
6.
Within 15 feet of a fire hydrant.
7.
Where the parklet would interfere with a designated safe path of travel for a parking space designated for persons with disabilities as determined by the City Engineer.
8.
Where the parklet would interfere with access to essential utility facilities located within or adjacent to the parking space as determined by the City Engineer.
9.
Where the parklet would interfere with the normal operation of storm drains or storm drain facilities as determined by the City Engineer.
10.
Along the shoulder of any street that does not have a curb, gutter, and sidewalk except as otherwise permitted by the City Engineer.
11.
Where the speed, volume, or nearness of vehicular traffic or proximity to a driveway is not compatible with placement of a parklet as determined by the City Engineer.
(Ord. 6134, 12/12/2023)
§ 9.180.060 Requirements Applicable to All Parklets.
A.
The parklet owner must construct, operate, and maintain the parklet in compliance with the applicable accessibility provisions of the Americans with Disabilities Act and Chapter 11B of Title 24 of the California Code of Regulations. The Public Works Director may require an owner to submit a report by a person certified under California Government Code Section 44559.5 (commonly referred to as a "CASp") demonstrating compliance accessibility requirements before issuance of a parklet license and at any time during the term of a license.
B.
A parklet is considered use of public space and not part of the occupancy of the licensed eating and drinking establishment.
C.
A parklet must be protected by traffic safety barriers approved by the City Engineer. The traffic safety barrier may be integrated into the parklet design as approved by the City Engineer. The City Engineer is directed to maintain standard specifications for the type and location of approved traffic barriers.
D.
A parklet may be used solely for the purpose of serving or consuming food or beverage of the licensed eating and drinking establishment. Adjoining eating and drinking establishments may establish joint or attached parklets.
E.
Outdoor cooking facilities are prohibited. Portable heaters and lighting are permitted as approved by the Fire Marshal. Portable gas heaters must have tanks and may not be directly connected to building plumbing systems. Lighting and other electrical equipment must be either solar powered or connected to the building electrical system and not connected to the City street electrical systems. Gas generators are prohibited.
F.
Service of alcoholic beverages is permitted as authorized by and subject to the requirements of the license issued by the California Department of Alcoholic Beverage Control to the licensed eating and drinking establishment or as otherwise authorized by State law.
G.
A parklet may not exceed 80 inches in width or have sides exceeding 42 inches or posts exceeding 82 inches in height measured from the surface of the right-of-way. Roofs, overhead structures, and shade canopies are prohibited. Umbrellas are permitted but may not extend beyond the edge of the parklet and must maintain a height clearance of not less than six feet eight inches along pedestrian paths of travel and not exceed a height of 10 feet. The City Engineer may further limit the height and width of a parklet based on site specific safety reasons.
(Ord. 6134, 12/12/2023)
§ 9.180.070 Assumption of Risk and Liability.
A.
By placing a parklet, 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 parklet or any of its facilities, equipment, or furnishings.
B.
The parklet owner must maintain insurance at coverage limits and with conditions thereon determined from time to time by the Risk Manager. The parklet owner must maintain a current certificate of insurance on file with the Risk Manager. The certificate of insurance must be provided to the Public Works Director before approval of a parklet license.
(Ord. 6134, 12/12/2023)
§ 9.180.080 Administration.
A.
The Public Works Director is responsible for the administration and enforcement of this chapter, including the issuance and enforcement of parklet licenses. The Public Works Director may delegate authority under this subsection. Reference to the Public Works Director includes reference to any employee to whom the director has delegated authority under this subsection.
B.
The Public Works Director is authorized to promulgate and issue administrative policies for the implementation and administration of this chapter.
(Ord. 6134, 12/12/2023)
§ 9.180.090 Parklet License Required.
It is unlawful for a person to place or cause to be placed a parklet unless the person has first obtained a parklet license issued by the Public Works Director. It is unlawful for a person to operate and maintain a parklet except in full compliance with the license issued for the parklet.
(Ord. 6134, 12/12/2023)
§ 9.180.100 Parklet License Application.
A.
A person considering applying for a parklet license must request a preapplication review of the proposed parklet by the Public Works Department. The request must be submitted on a form provided by the Public Works Director. The request must be accompanied by a pre-application review fee as established by City Council resolution. Pre-application review is advisory and non-binding.
B.
To obtain a parklet license, the owner of an eating and drinking establishment or the owner's authorized agent must submit an application to the Public Works Director using the application form provided by the director. The application must be complete and include any supporting materials necessary to accurately describe existing conditions and the proposed parklet as required by the Public Works Director, including all information required for design review under Section 9.180.140 and to determine compliance with accessibility requirements under Title 22 of this Code. Applications and all application materials are public records subject to public review. The application must be accompanied by an application processing fee in an amount established by resolution of the City Council. An application will not be accepted as complete and processed without payment of the application processing fee.
(Ord. 6134, 12/12/2023)
§ 9.180.110 Application Processing and Issuance.
A.
The Public Works Director will review a complete application and in consultation with the City Engineer determine if the proposed parklet meets the requirements of Sections 9.180.040, 9.180.050, and 9.180.060. The Public Works Director will deny an application if the Director determines that the proposed parklet does not meet the requirements of Sections 9.180.050 and 9.180.060. The Director will state the reasons for the denial in writing provided to the applicant. The Director's decision is final and not subject to further administrative appeal.
B.
If the Public Works Director determines that the proposed parklet meets the requirements of Sections 9.180.040, 9.180.050, and 9.180.060, then the Director will refer the application to the Community Development Department for design review; if the proposed parklet does not qualify for administrative design review, the Community Development Department will advise the applicant of the requirement to file an application for design review. The Public Works Director will inform the applicant in writing of the referral. If the parklet is located in the Coastal Zone, the Public Works Director will advise the applicant of the requirement to file an application for a coastal development permit according to Section 9.180.130 and the applicable provisions of Titles 28 and 30.
C.
Upon completion of the review under Subsection B, and issuance of a coastal development permit if applicable, the Community Development Director will return the application to the Public Works Director with a report of the terms and conditions established through that review process and by the coastal development permit, if applicable. The Public Works Director may then take final action to approve, conditionally approve, or deny the application and to issue a parklet license subject to all of the terms and conditions established by the review process.
D.
A parklet license will be in the form of an agreement, approved by the City Attorney, and executed by the owner of the eating and drinking establishment.
(Ord. 6134, 12/12/2023)
§ 9.180.120 Environmental Review.
Issuance of a parklet license is categorically exempt from CEQA under Section 22.100.070(C)(1) and (C)(3) of this Code.
(Ord. 6134, 12/12/2023)
§ 9.180.130 Parklets in the Coastal Zone.
In addition to a parklet license, parklets in the Coastal Zone, as defined in Section 28.44.020 of this Code, are subject to the permitting requirements for development in the Coastal Zone. An application for a coastal development permit may not be submitted until the Public Works Department makes a preliminary determination that a proposed parklet meets the requirements of Sections 9.180.040 and 9.180.050. A parklet license will not be issued until the coastal development permitting process has been completed, including the expiration of any appeal period.
(Ord. 6134, 12/12/2023)
§ 9.180.140 Design Review.
B.
The type and location of the traffic safety barriers for a parklet as required under Section 9.180.060(C) are not subject to design review; provided, however, that if the City Engineer establishes a list of approved traffic safety barriers, then the design body may specify a barrier from the list during design review for a parklet; and the design review body may specify coloring, coating, or other aesthetic features of the traffic safety barriers as part of the design review for a parklet. Except as limited by this subsection, all other aspects of a parklet are subject to design review.
C.
The Public Works Director may adopt design guidelines for parklets and for traffic safety barriers. Separate guidelines may be adopted for areas subject to the respective jurisdictions of the Historic Landmarks Commission and the Architectural Board of Review, subject to approval by Historic Landmarks Commission and the Architectural Board of Review, as applicable. Parklets consistent with the adopted guidelines may be approved by the Community Development Director without full review by the Historic Landmarks Commission or Architectural Board of Review, as applicable.
(Ord. 6134, 12/12/2023)
§ 9.180.150 Annual License Fee.
A parklet owner must pay the annual parklet license fee in the amount established by resolution of the City Council. The parklet license fee is a fee for the use of City property and is not a regulatory or permit processing fee. The annual fee must be paid in advance and no refund will be given for early abandonment or termination of a license.
(Ord. 6134, 12/12/2023)
§ 9.180.160 Parklet License Term and Renewal.
A.
A parklet license may have a duration of not less than one or more than five years as determined by the Public Works Director.
B.
A parklet license may be renewed upon submission of a renewal application. The Public Works Director may renew a parklet license upon a determination that the license holder has faithfully performed the terms of the license. The renewal term may be up to five years as determined by the Public Works Director. A renewed license may be subsequently renewed. The renewal application must be accompanied by a fee in an amount established by resolution of the City Council.
(Ord. 6134, 12/12/2023)
§ 9.180.170 No Vesting of Rights.
A parklet license is a revocable license and not an easement, lease, or other interest in land. A parklet license does not confer any vested right to continue any activity or use authorized thereunder. Parklets, regardless of the duration of a parklet license or any renewals, are considered temporary and are subject to removal upon demand of the City.
(Ord. 6134, 12/12/2023)
§ 9.180.180 Abatement.
A.
The Public Works Director may immediately remove and dispose of any parklet for which a parklet license has not been issued or for which the parklet license has expired and not been renewed. The owner is responsible for payment to the City of the cost of removal and disposal.
B.
In addition to any enforcement remedy under Chapter 1.25 or 1.28 of this Code, violation of a term or condition of a parklet license may result in revocation of the license upon written notice by the Public Works Director. A business owner may appeal 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 parklet license or posted on the parklet.
(Ord. 6134, 12/12/2023)