Santa Barbara County Municipal Code § 28-123 Posting and contents of signs

As permitted by section 21101 of the Vehicle Code and section 942.6 of the Streets and Highways Code, the board of supervisors hereby authorizes the director of the department of public works/county road commissioner, or his/her designee, to temporarily close or restrict the use of portions of any county road or highway for the purposes described in section 21101 of the Vehicle Code and section 942.6 of the Streets and Highways Code. Any such closures shall be made in consultation with the California Highway Patrol and/or the county sheriff.

(Ord. No. 4121, § 1; Ord. No. 4304)

In addition to the above, the sheriff or the director of the department of public works department/road commissioner, or his/her designee, may temporarily close those portions of any county road or highway when necessary to comply with security procedures set forth by the United States Secret Service for the protection of the President of the United States and/or his family while visiting Santa Barbara County.

(Ord. No. 4121, § 1; Ord. No. 4304)

The ordinance from which this section derives delegates and authorizes the Santa Barbara County Road Commissioner, during the proclaimed Santa Barbara County Local Emergency from the COVID-19 virus, to temporarily restrict parking, including the use of parking time limits, where and when needed on roads and highways in the unincorporated County to prevent the unhealthy over-crowding of parking areas that would occur otherwise as a result of a lack of "social distancing" of at least six feet. This is necessary to preserve social distancing requirements and slow the spread of the COVID-19 virus.

(Ord. No. 5103, § 2, 5-19-2020)

(a) The board of supervisors hereby authorizes the Santa Barbara County road commissioner or their designee ("road commissioner"), during the proclaimed Santa Barbara County local emergency from the COVID-19 virus, to temporarily restrict or limit parking, including parking time limits, on portions of any county road or highway in order to reduce the unhealthy over-crowding of parking areas that would occur otherwise as a result of a lack of "social distancing" of at least six feet, so long as the county road commissioner in making that decision:

1. Considers the days, times, and locations most impacted by large crowds;

2. Evaluates how temporary parking restrictions may impact nearby neighborhoods;

3. Consults with and receives input from the California Highway Patrol and/or the Santa Barbara County sheriff; and

4. Weighs any potential impact to coastal access against the necessity to preserve social distancing requirements and slow the spread of the COVID-19 virus during the proclaimed local emergency from the COVID-19 virus.

(b) The posting and contents of the signage shall be made in accordance with section 28-123.

(c) The road commissioner shall periodically report to the board of supervisors the number and type of temporary parking restrictions implemented.

(d) The Santa Barbara County sheriff shall periodically report to the board of supervisors the number of issued parking citations or other enforcement activity.

(e) It shall be unlawful and shall constitute a violation of the ordinance from which this section derives for any person to stand or park a motor vehicle in excess of the posted restricted parking limitations or in violation of a parking prohibition as designated by the no parking signs posted by the county road commissioner.

(f) The board of supervisors authorizes the Santa Barbara County sheriffs office to issue citations to any and all persons violating the no parking limitations or prohibitions established pursuant to the ordinance from which this section derives and such citation shall be deemed to be a civil complaint charging violations of this title and requiring payment of the penalties set forth therein. The method of giving notice of citation for unattended vehicles shall be as specified in Section 40202 of the California Vehicle Code or any successor provision thereto. Citations for violations of posted no parking restrictions established pursuant to this chapter shall be processed as civil penalties in accordance with California Vehicle Code Section 40200 et seq. or any successor provision thereto.

(Ord. No. 5103, § 2, 5-19-2020)

If any provision of the urgency ordinance from which this section derives or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions of the urgency ordinance which can be given effect without the invalid provision or application. To this end, the provisions of the urgency ordinance are severable. The board of supervisors hereby declares that it would have adopted the urgency ordinance irrespective of the invalidity of any particular portion thereof.

(Ord. No. 5103, § 2, 5-19-2020)

The urgency ordinance, sections 28-123.1 through 28-123.6, shall take effect and be in full force immediately upon adoption by at least a four-fifths vote of the board of supervisors pursuant to Government Code Section 25123 and shall remain in effect until the proclaimed Santa Barbara County local emergency from the COVID-19 virus is terminated.

(Ord. No. 5103, § 2, 5-19-2020)

The ordinance [sections 28-123.1—28-123.6] is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15269(c) (specific action to mitigate an emergency), Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and Section 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly).

(Ord. No. 5103, § 2, 5-19-2020)

The director of the department of public works/county road commissioner shall determine which signs, barricades or other notices should be posted and the location thereof, and shall take all other acts deemed necessary to carry out the temporary closure or restriction of use of such county roads or highways, pursuant to sections 28-121 and 28-122.

(Ord. No. 4121, § 1; Ord. No. 4304)