It is unlawful and constitutes a misdemeanor for any person to remove any notice posted by the city clerk or city manager pursuant to this code or any ordinance of this city or any laws of the state.
(Ord. 86-53, 1986)
It is a nuisance and unlawful for any person upon any street, road, highway, alley or public place within the city limits to race horses, mules or other animals, or to exhibit or ride any wild or unbroken horse.
(Ord. 86-53, 1986)
A.
Findings. The city council finds and determines that the entire community of the city and a considerable number of citizens are adversely affected by persons, without consent, indiscriminately throwing, casting, distributing, scattering and depositing handbills, dodgers, circulars, newspapers, booklets, posters, printed matter and advertising literature upon public and private property. Such acts, contrary to this section, are declared to constitute a public nuisance.
B.
Distribution in Public Places—Exception. Except for bona fide political or religious purposes, no person shall throw, cast, distribute, scatter, deposit or place upon any public place within the city, including, but not limited to, streets, alleys, public parks and school grounds, any handbills, dodgers, circulars, booklets, posters or any other printed matter or advertising literature of any kind; provided, however, the same may be delivered or left at the residence or place of business of those persons who do not indicate their unwillingness to accept the same.
C.
Placing on Vehicles. Except for bona fide political or religious purposes, no person shall throw, distribute or place in or on any automobile or other vehicle in the city, any handbills, dodgers, circulars, booklets, posters or any other printed matter or advertising literature without first having obtained the permission of the owner or person in possession thereof.
D.
Distribution on Private Premises.
1.
In addition to the prevention of litter, this section has the following two purposes:
a.
To protect the privacy of citizens from the delivery of newspapers, commercial handbills and noncommercial handbills to which citizens have objected in the manner prescribed in subsection (D)(2) of this section; and
b.
To protect citizens during extended absence from their residences against the visible accumulation of newspapers, commercial handbills and noncommercial handbills that the citizens do not express or have not expressed a willingness to receive, and thus to lessen the risk that residences will be burglarized or vandalized during the absence of the occupants.
2.
No person shall distribute, circulate, deliver or deposit any newspaper, circular, dodger, poster, advertising material, booklet, printed matter, commercial handbill or noncommercial handbill upon any private premises.
a.
If the owner or occupant thereof, not more than one year previously, has notified the distributor of the same not to deliver it to the premises of the objecting owner or occupant. Such notification shall be sent by registered or certified mail, postage prepaid, return receipt requested, and shall include the name of the objecting owner or occupant, the address where no distribution is to be made, the declarant's capacity to make such objection, and the name of the newspaper, circular, dodger, poster, advertising material, booklet, printed matter, commercial handbill or noncommercial handbill not to be distributed. Such notification shall become effective upon delivery of the return receipt to the objecting owner or occupant. Any objection sent to a distributor pursuant to this subsection shall expire and become void upon the beginning of residence or occupation of the premises by any person other than the objecting resident or occupant; or
b.
If requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words. "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of such premises do not desire to have their right of privacy disturbed or to have any such material left upon their premises; or
c.
If the resident or owner of the private property objects to the distribution of the same and files with the city clerk a written declaration of such objection, which shall include his or her name, the address where no distributions are made, the declarant's capacity to make such objections and the name of the distribution to which he or she objects. The city clerk shall maintain on file all objections by residents to the distribution of any newspaper and shall have available on the first Monday of each month, for the benefit of all distributors, a list of addresses of those persons having filed objections to the distribution of newspapers. Such list shall contain the name of the specific newspaper objected to and the address where no such distributions are to be made. It shall be the duty of each and every distributor of a newspaper to secure the monthly list of those objecting to the distribution of their newspapers and shall be held to have notice of such list as of the date such list is made available; or
d.
In or upon any private premises which is known, or ought to be known by the distributor to be continuously uninhabited or vacant.
3.
Any person who delivers, circulates, distributes or deposits any newspaper, circular, dodger, poster, advertising material, booklet, printed matter, commercial handbill or noncommercial handbill upon any private premises shall place the material distributed in such a manner that it will not blow, scatter or otherwise litter the premises.
4.
If any other copy of any circular, dodger, poster, advertising material, booklet, printed matter, newspaper, commercial handbill or noncommercial handbill previously has been distributed, circulated, delivered or deposited upon the premises and has not been removed, any person who then distributes, circulates, delivers or deposits any such material shall not place it upon the premises in any manner that would cause or substantially cause the appearance of an accumulation of such materials visible from the street or sidewalk in front of the premises, and indicating or tending to indicate the recent or current absence of the resident or occupant for a period greater than 48 hours; provided, however, that this subsection shall not apply if the resident or occupant expresses or has expressed his or her willingness to receive the material that would cause or substantially cause such an appearance.
E.
U.S. Mail Exempted. The provisions of this chapter shall not apply to the distribution of the United States mail.
(Ord. 86-53, 1986)
A.
Discharging Firearms. No person shall discharge any gun, pistol, revolver, rifle or other firearms within the city.
B.
Throwing Missiles. No person shall discharge upon any public street or place in the city any gun by means of which any missile is projected by a spring, crossbow or compressed air, use any implement whereby stones, beans, shot, pebbles or other substances are projected and no person shall hurl or throw any stone or other missile by means of any sling.
(Ord. 86-48, 1986)
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 a seal broken, or the contents of which have been partially removed, in the following public places:
A.
Upon any public street, alley, sidewalk, parking lot, in or immediately adjacent to a public restroom; and
B.
Within any public park or other public property designated by resolution adopted by the city council and posted with appropriate warning signs.
(Ord. 92-132, 1992)
A.
It is unlawful within the incorporated area of the city of Solvang to make, assist in making, permit, continue, create, or cause to be made, any loud and unreasonable noise, music, percussion or other sound which is broadcast outside of any residence or building by means of any amplified musical instrument, drum, or similar device, or by means of any radio, loudspeaker, sound amplifier or phonograph, or by means of or employing any similar device which amplifies and produces, reproduces or broadcasts sound, during any of the following periods of time:
1.
The night and following morning of any Sunday, Monday, Tuesday, Wednesday, or Thursday between the hours of ten (10:00) p.m. of such day and seven (7:00) a.m. the following morning; or
2.
The morning hours after twelve (12:00) midnight of any Friday or Saturday, between twelve (12:00) midnight, following such day, and seven (7:00) a.m. the following morning.
Within such time periods, and for the purposes of this section, a loud and unreasonable sound shall include any sound created by means prohibited above which is clearly discernible at a distance of 100 feet from the property line of the property upon which it is broadcast or which is at any level of sound in excess of 60 decibels at the edge of the property line of the property upon which the sound is broadcast, as such sound would be measured on a sound measuring instrument meeting American National Standard Institute's standard SI.4-1971 (or more recent revision thereof) for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment which provide equivalent data. |
Enforcement of a violation under this section shall not require the use of a sound level meter. |
B.
Any person, partnership, firm, or corporation whether as principal, agent, employee or otherwise who shall violate any provision of this section is guilty of an infraction, and upon conviction thereof, shall be punishable by a fine established in an amount pursuant to section 1-3-2 of this code.
C.
The provisions of this section are not intended to affect and shall not apply to:
1.
Bells, chimes, carillons and similar devices while being used for religious purposes, or in conjunction with religious services, or for celebrations of public holidays; or
2.
Outdoor gatherings, public dances, shows and sporting and entertaining events, provided such gathering, dance or event is conducted on commercial or institutional premises, pursuant to applicable rules, regulations and zoning restrictions, and in compliance with all permits or licenses issued by a public agency relative to the staging of the gathering, dance or event.
(Ord. 09-279, 2009; Ord. 23-0373, § 19)
A.
This section is enacted for the purpose of protecting the public interest, health, welfare and safety by providing a period of respite and quiet from noise and vehicle traffic each day for residential neighborhoods located adjacent to commercial business establishments throughout the city, and to minimize the opportunity for potential criminal activities targeting businesses open late at night or early in the morning when law enforcement response times are increased and customer traffic is reduced.
B.
It is unlawful for any business, whose primary public entrance is located within 500 feet of any residential lot, as defined herein, to be open to the public, or to conduct retail business with members of the public, during the hours between twelve (12:00) a.m. and five (5:00) a.m. of the same day. As defined in this section, a "residential lot" is any lot located in a residential district under chapter 11-6 of this code, or a lot located in a mobile home district under chapter 11-10 article C of this code.
C.
The restriction upon business hours imposed by subsection B above shall not apply to businesses engaged in the commercial dispensation of motor vehicle fuel to the public.
D.
The restriction upon business hours imposed by subsection B above shall not apply to businesses licensed to sell alcohol for on-site consumption by the California Department of Alcoholic Beverage Control, except that the holders of such licenses may not conduct any business between the hours of two (2:00) a.m. and six (6:00) a.m. of the same day, other than as permitted by the California Department of Alcoholic Beverage Control.
E.
The restriction upon business hours imposed by subsection B above shall not apply to hotels, automated teller machines, businesses located on properties zoned C-3, nor businesses providing public safety services such as hospitals or ambulance services.
F.
Application for Exemption.
1.
Businesses that were not in existence at the time of the enactment of the ordinance adding this section may apply to the planning commission for an exemption from the provisions of this section. by application on a form to be devised by the community development director or designee, the applicant must demonstrate to the planning commission's satisfaction that the operation of the business between the prohibited hours would not likely cause the activities and occurrences which were meant to be eliminated by this section.
2.
The planning commission shall review the application and review code enforcement and law enforcement records relative to the address or in the area for which the application is submitted. The planning commission shall consider the amount of law enforcement or code enforcement activity related to the particular business, if such business existed prior to the application at the requested location or any other location within the city, including, but not limited to, the number of police responses dispatched to the business location. The planning commission shall further consider the history of similar businesses in the area, the business owner/operator's history of operating other businesses both in and out of the city and the specific measures proposed by the business owner/operator to substantially eliminate the detrimental activities and occurrences which were meant to be eliminated by this section.
3.
If in the discretion of the planning commission the business can conduct activity between the hours of twelve (12:00) a.m. and five (5:00) a.m. without adversely affecting the health, safety and welfare of the residential areas adjacent to the business location, the planning commission shall issue a written exemption on a form to be prescribed by the community development director. The form shall be posted conspicuously in the business by the owners or operators and shall be effective only when posted. The exemption may be withdrawn by the planning commission at any time, with a 48 hour notice to the owners or operators and an opportunity to be heard. Notice is effective upon leaving at or posting upon the premises a written notice describing the withdrawal of the exemption. An exemption shall be withdrawn upon a finding by the planning commission that the particular establishment no longer meets the criteria for exemption outlined in subsection (F)(2) above. The planning commission's determination regarding the eligibility for an exemption, or the withdrawal of an exemption, shall be appealable to the city council pursuant to title 1, chapter 6.
(Ord. 19-0337, 2019; Ord. 23-0373, § 20)