Santa Barbara County Municipal Code § 36-3 Display of open containers

Footnotes:

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Editor's note— Ord. No. 4709, § 1, adopted May 5, 2009, changed the title of Ch. 36 from "Consumption of Alcohol on Public Streets" to "Consumption of Alcoholic Beverages on Public Streets and Certain Beaches." Ord. No. 4736 serves to reenact the changes effected by urgency Ord. No. 4709.

For the purpose of this chapter, "intoxicating liquor" includes any alcoholic beverage containing more than one-half of one percent of alcohol by volume and all kinds of spirituous, vinous, and malt liquors.

(Ord. No. 4055, § 1)

(a) It is unlawful for any person to drink or consume any intoxicating liquor in the unincorporated areas of the county upon any public street, public sidewalk, public highway, public parking lot or public alley.

(b) Except as authorized by permit as set forth in subdivision (c), it is unlawful for any person to drink, consume or possess any opened or unsealed container of any alcoholic beverage or intoxicating liquor within the beach area enclosed within the following described boundaries:

On the West, the boundary of the University of California at Santa Barbara ("UCSB") separating unincorporated Isla Vista and UCSB, beginning at the 6885 Del Playa Drive and extending to the UCSB boundary to a point 100 yards South of the Mean High Tide Line of the Pacific Ocean;

On the North, the coastal bluffs at the southerly end of the properties fronting Del Playa Drive in the 6500, 6600, 6700 and 6800 blocks;

On the East, the property boundary separating unincorporated Isla Vista and UCSB, beginning at the 6500 block of Del Playa Drive and extending the UCSB boundary to a point 100 yards South of the Mean High Tide Line of the Pacific Ocean;

On the South, a line 100 yards South of the Mean High Tide Line of the Pacific Ocean at that location;

And additionally including the following beach access pathways leading from Del Playa Drive to the area described above:

"Escondido Pass," located between 6773 and 6769 Del Playa Dr.

Unnamed beach access at Camino Del Sur, located between 6697 and 6701 Del Playa Dr.

Unnamed beach access at Camino Pescadero, located between 6599 and 6607 Del Playa Dr.

Unnamed beach access at El Embarcadero, located between 6551 and 6549 Del Playa Dr.

Unnamed beach access at Camino Majorca, located at Camino Majorca and Del Playa Dr.

And additionally including the area commonly known as Sandyland Cove, which includes the area from Ash Avenue on the east (City of Carpinteria City Limits), to the area west of the estuary otherwise known as The Mouth of the Carpinteria Salt Marsh or Carpinteria Slough.

(c) The park director, or designee, may establish conditions and issue event permits for the possession and consumption of alcoholic beverages by designated persons within areas described in subdivision (b).

(Ord. No. 4055, § 1; Ord. No. 4709, § 2, 5-5-2009; Ord. No. 4736, § 2, 12-1-2009; Ord. No. 4740, § 2, 1-26-2010)

No person shall have in his or her possession on any public street or other area described in section 36-2 any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed. This section shall not be construed to apply under any circumstances governed or regulated by the California Vehicle Code.

(Ord. No. 4055, § 1)

Nothing in sections 36-2 or 36-3 shall limit the consumption of alcohol or display of open containers in or on:

(a) The property of an establishment, business place, or other location properly licensed for the consumption of alcoholic beverages under the Alcoholic Beverage Control Act of the state; or

(b) The property of any public park or public beach, except for the beaches and access pathways described in section 36-2(b).

(Ord. No. 4055, § 1; Ord. No. 4709, § 3, 5-5-2009; Ord. No. 4736, § 3, 12-1-2009)

Any violation of this chapter is an infraction punishable by (a) a fine not exceeding one hundred dollars for a first violation; (b) a fine not exceeding two hundred dollars for the second violation of this chapter within one year; (c) a fine not exceeding five hundred dollars for each additional violation of this same section within one year.

(Ord. No. 4055, § 1; Ord. No. 4122, § 1)

(a) A social gathering or party shall be deemed to constitute a public nuisance when, by reason of the conduct of persons in attendance, it results in at least three or more of the following violations of local or state law or ordinance and which violations occur at the site of the social gathering, or on adjacent public property in connection to the social gathering or party within the area bounded by, and including, El Colegio Road, Camino Majorca to Stroke Road, Ocean Road to Stadium Road and the Pacific Ocean in the unincorporated area of Isla Vista:

(b) A social gathering or party shall be deemed to constitute a public nuisance when, by reason of the conduct of persons in attendance, it results in one or more of the following violations of local or state, or federal law or ordinance and which violations occur at the site of the social gathering or party, or adjacent public property in connection to the social gathering or party within the area bounded by, and including El Colegio Road, Camino Majorca, to Storke Road, Ocean Road to Stadium Road, and the Pacific Ocean in the unincorporated area of Isla Vista:

(c) A social gathering or party shall be deemed to constitute a public nuisance when, by reason of the conduct of persons in attendance, it results in one or more of the following unsafe behaviors that are likely to cause injury to persons and property and/or provoke a violent reaction from another person:

(1) Throwing objects that may inflict injury or damage, including but not limited to, rocks, bottles, cans and other objects, missiles and projectiles.

(2) Individuals launching themselves from a stage or similar raised platform into a crowd.

(3) Climbing onto or remaining on any roof, rooftop or other exterior landing that is not specifically designed to accommodate or hold the weight of a person or persons for an extended period.

(4) Climbing over, onto, under, or around any fence, railing, wall, or similar device installed as a barrier and placed for the purposes of public or personal safety onto any exposed bluff or cliff.

(5) Any social gathering, concert, or party at which a ticket, fee, donation or other purchase is required as a condition for entry to the event on any property zoned or utilized for residential use within the area bounded by, and including, El Colegio Road, Camino Majorca to Storke Road, Ocean Road to Stadium Road and the Pacific Ocean in the unincorporated area of Isla Vista.

(6) Any social gathering, concert, or party in violation of Business and Professions Code 25604.

(7) Any social gathering, concert, party or performance that utilizes or obstructs, or causes an obstruction to any public right-of-way to the extent that such use substantially prevents the free movement of pedestrians or vehicles.

(d) A social gathering shall also be deemed to constitute a public nuisance when an open keg of beer is situated so that it is visible to members of the public standing on public streets or sidewalks, or in any other place, including private property, which is open to the public or to which the public has access or over which there is an express or implied license to enter or remain.

(e) A person shall be deemed to be in violation of this section if they are the property owner, tenant, or occupant of a property which is under their control, and they knowingly host, allow, promote, support, encourage or otherwise endorse or assist in hosting a social gathering or party that has been declared a public nuisance as defined herein.

(Ord. No. 4466, § 2; Ord. No. 4652, § 1; Ord. No. 5199, § 1, 1-9-2024)

All persons attending a party or social gathering declared to be a public nuisance under section 36-6 by a deputy sheriff, police officer, or other peace officer shall immediately disperse upon the order of a peace officer, and all persons not domiciled at the site of such party or social gathering shall immediately leave the premises. No person shall fail or refuse to obey and abide by such an order.

(Ord. No. 4466 § 2; Ord. No. 5199, § 2, 1-9-2024)

Any person violating section 36-6 is guilty of a misdemeanor.

A person violating section 36-7 is guilty of an infraction punishable pursuant to California Government Code Section 25132(b).

(Ord. No. 4466 § 2; Ord. No. 5199, § 3, 1-9-2024)