It is unlawful for any person to violate any provision of, or to fail to comply with, any requirements of this code. Any person violating the provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of an infraction or misdemeanor.
All violations may be prosecuted by city authorities in the name of the people of the state, or redressed by civil action. Where such violations are specified by this code to be a misdemeanor the city attorney may nevertheless elect to have the violation prosecuted as an infraction.
The remedies or penalties provided by this title are cumulative to each other and to the remedies or penalties available under all other laws of this state including administrative remedies available pursuant to title 6, chapter 5, article A of this code.
(Ord. 17-325, 2017; Ord. 23-0373, § 1)
A. 
Defined. All violations of this code, except those specifically designated as misdemeanors, shall be infractions and shall be punished as provided in subsection B of this section.
B. 
Penalty. For those provisions of this code which are infractions, it is unlawful for any person to violate any mandatory provisions of or fail to comply with such provision. Any persons violating such sections shall be prosecuted as an infraction. Any infraction may be prosecuted by the city authorities in the name of the people of the state. Any person convicted of an infraction under this code shall be subject to payment of a fine set forth in the schedule of fines established by resolution of city council, not to exceed the limits set forth in California Government Code section 36900.
(Ord. 85-22, 1985; Amd. 2001 Code; Ord. 23-0373, § 2)
A. 
Designation. All violations of this code designated as misdemeanors shall be punished as provided in subsection B of this section.
B. 
Penalty. Any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine set forth in the schedule of fines established by resolution of city council or by imprisonment in the County Jail, or both, not to exceed the limits set forth in California Government Code Section 36901.
(Ord. 85-22, 1985; Amd. 2001 Code; Ord. 23-0373, § 3)
It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this code is committed, continued or permitted by any person, and shall be punished accordingly.
(Ord. 85-22, 1985)
In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this code shall be deemed a public nuisance and may be summarily abated as such by the city, and each day that such condition continues shall constitute a new and separate offense.
(Ord. 85-22, 1985)
A. 
Notice to Appear. If any person is arrested for a violation of any provision of this code, the arresting officer (who may be any peace officer or other officer or employee designated in subsection G of this section) may, if the arrested person does not demand to be taken before a magistrate, prepare a written notice to appear, as provided by Penal Code section 853.6.
B. 
Time and Place Specified. Unless waived by the arrested person, the time specified in the notice to appear shall be at least 10 days after arrest, and the place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.
C. 
Written Promise to Appear. The arresting officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise so to appear in court by signing the duplicate notice to appear, which shall be retained by the officer. Thereupon, the arresting officer shall immediately release the person arrested from custody.
D. 
Filing. The arresting or citing officer shall, as soon as practicable, file the duplicate notice to appear with the magistrate.
E. 
Forfeiture of Bail. Upon the filing of the notice to appear with the magistrate by the officer, the magistrate may fix the amount of bail which, in his or her judgment in accordance with Penal Code section 1275, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice to appear a statement signed by him or her in the form set forth in Penal Code section 815a. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his or her discretion, except as otherwise provided by Penal Code section 853.6(e)(3), order that no further proceedings shall be had in such case. Upon the making of the order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Penal Code section 1463.
F. 
Arrest Warrant Issuance. No warrant shall be issued for the arrest of a person except as provided for by state law.
G. 
Designated City Employees. Pursuant to Penal Code section 836.5, the following employees shall have and hereby are vested with the authority to cite any person for violation of the provisions of this code that such designated employee has the duty to enforce:
City manager
Planning/community development director
Director of public works
Code enforcement officer
Notwithstanding the foregoing, this section does not purport to divest any member of the Santa Barbara County fire department of any authority vested by state law to enforce duly adopted Fire Codes and other state law.
H. 
Compliance with State Law. The arresting officer and the arrested person shall comply in all respects with applicable state law and, in the event of any change or addition to the state law in conflict with this section, the state law shall control.
I. 
Violation of Promise. Any person who wilfully violates his or her written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.
J. 
Arrest. When a person who has signed a written promise to appear fails to appear as promised and has not posted bail as provided in Penal Code section 853.6, or subsection E of this section, the magistrate shall issue and have delivered for execution a warrant for such person's arrest after such person's failure to appear.
(Ord. 89-94, 1989; Ord. 10-289, 2010; Ord. 17-325, 2017)
A. 
Method of Service. Whenever a notice is required to be given under this code, unless different provisions in this code are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at his or her last known business or residence address, as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the Post Office.
B. 
Proof of Service. Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of the person over the age of 18, which shows service in conformity with this code or other provision of law applicable to the subject matter concerned.
(Ord. 85-22, 1985)
A. 
Jurisdiction. This code shall refer only to the omission or commission of acts within the territorial limits of the city and to that territory outside of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.
B. 
Inclusions to Acts or Omissions. Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
(Ord. 85-22, 1985)