Solvang Municipal Code Ch. 3 Street and Sidewalk Obstructions

For purposes of certain provisions contained in this chapter, the Village Mixed-Use (VMU) Area is defined as the area identified in Section 11-4-2 and the official zoning map of the City as the "Village Mixed-Use" zone.

(Ord. 87-70, 1987; Ord. 26-0392, 4/13/2026)

A. No person shall place or cause to be placed anywhere upon any public street, way or sidewalk, and no person owning and occupying or having the control of any premises in the City shall suffer to remain in front thereof upon the sidewalk or portion of the street or way next to such premises any boxes, bales, barrels, wood, lumber, goods, wares and merchandise or any other thing; provided, however: (1) goods, wares and merchandise in transit (but not being offered for sale) may be allowed on the outer three feet of the sidewalk for a period not to exceed two hours, where at least five feet of unobstructed sidewalk remains; and (2) temporary seasonal or holiday decorations may be displayed on the sidewalk for a period not to exceed two months, where at least five feet of unobstructed sidewalk remains.

B. Persons owning and occupying or having the control of any premises in the City shall not permit persons queueing for the purpose of entering and/or patronizing such premises to obstruct, block, or impede access to, or passage on, the public sidewalk, the entrance, exit or required passageway to any building, or any access required by the Americans with Disabilities Act of 1990[1], and other disability access standards.

[1]

Editor's Note: See 42 U.S.C. Section 12101 et seq.

(Ord. 86-31, 1986; Ord. 26-0392, 4/13/2026)

A. Articles on Streets and Sidewalks. Except as permitted by subsection B of this section, no person shall place or cause to be placed on any street, sidewalk or other public property any material, sign, refuse, refuse container, bench, table, chairs, box or goods and allow the same to remain there without a permit from the City Manager or such other officer as may be designated by the City Manager. The permit required by this subsection shall specify the portion of the street or sidewalk to be used and the period of such use. The issuance of the permit and conditions thereof shall be governed by Section 8-3-4 of this chapter.

B. Signs Attached to Buildings. No person shall place, erect or permit any sign to exist within, over or across any public right-of-way without first obtaining an encroachment permit and a sign permit therefor. The issuance of such encroachment permit may be issued by the City Manager, and shall be subject to the conditions and provisions of Section 8-3-4 of this chapter.

For purposes of this chapter, "signs" shall have the meaning provided in Section 11-13-9 of this code and "public right-of-way" shall mean and include any land which by deed, conveyance, easement, agreement, dedication, usage or process of law is reserved for or dedicated to the public use for street, highway, alley, park lane, sidewalk or pedestrian right-of-way which has been improved or accepted by the City or its predecessor in interest.

C. Architectural Encroachments. It is the purpose and intent of this subsection to allow for building architectural encroachments, including eaves and/or roof encroachments in commercially zoned property. Such improvements may be desirable in order to make the City a more attractive and better functioning City, shall be in accordance with the City's motif or theme, and shall be for the public health, safety and welfare. Nothing in this subsection shall be construed so as to allow any increase in the amount, size or number of signs, as the same is defined in subsection B of this section. No such encroachment shall be permitted unless an encroachment permit has been obtained under the provisions and the conditions of Section 8-3-4 of this chapter.

D. Banners, Signs and Advertising Devices. No person shall suspend, affix or display over or across any public street, place or sidewalk, any banner, sign, placard, poster, card, picture or advertisement or other similar device used for advertising unless an encroachment permit and a sign permit have been obtained therefor pursuant to Section 8-3-4 of this chapter and Chapter 11-13, respectively.

E. Persons Queueing. No persons owning and occupying or having control of any premises in the Village Mixed-Use Area shall permit persons to queue for the purpose of entering and/or patronizing such premises on any street, sidewalk or other public property without obtaining a permit from the City Manager or such other office as may be designated by the City Manager. The permit required by this subsection shall specify the portion of the street or sidewalk to be used, the manner of such use, and time period(s) of such use. The issuance of a permit and conditions thereof shall be governed by Section 8-3-4 of this chapter.

(Ord. 86-31, 1986; Ord. 26-0392, 4/13/2026)

Every person who shall be required to obtain an encroachment permit pursuant to this chapter shall be required to submit an application for and obtain an encroachment permit pursuant to this section.

A. Application. The application for an encroachment permit shall be submitted to the city clerk and shall contain the following information:

1. The name of the applicant;

2. The exact location of the desired encroachment;

3. The nature and extent of the encroachment;

4. A drawing showing the exact location of the encroachment with respect to the public right-of-way and all nearby structures, including any structures to which it is attached;

5. If the encroachment consists of a sign, a pictorial representation of the sign including its size, all logos, colors, motifs, and texts contained thereon and materials of which it is made; and

6. Any artificial lighting of or on the same. The application for an encroachment permit shall be accompanied by an application fee therefor, the amount thereof shall be fixed by resolution of the city council.

B. Action on Application. Within 30 days after the submission of the application, the city manager may approve, conditionally approve, or deny the application for the encroachment permit. In the event that the applicant is dissatisfied with the determination of the city manager, the applicant may appeal the same to the city council by filing in writing with the city clerk within 10 days after notice of the final determination of the city manager. Alternatively, the city council may appeal the matter to itself at its next regular city council meeting and hear and consider the same at a subsequent meeting after giving 10 days' written notice of the same to the applicant. The decision of the city council shall be final.

C. Requirements. No encroachment permit shall be granted if the encroachment:

1. Does not comply with the theme or motif of the city;

2. Constitutes a dangerous condition or an obstruction of a free use by the public of the public right-of-way;

3. Is less than eight feet above the ground, or the traveled surface, whichever is higher;

4. Violates any of the city's zoning ordinances; or

5. Is in violation with any overall plan or design adopted for the commercial area or district of the city.

D. Conditions. Any encroachment permit which shall be granted may contain the following conditions, which conditions may be more restrictive than may be provided elsewhere within this code or other ordinances of the city:

1. Ensure compliance with the theme or motif of the city, as officially adopted by the city council;

2. Arrangement or lighting of or on any such encroachment;

3. Require liability insurance, naming the city as the beneficiary and cancelable upon not less than 30 days' written notice to the city;

4. Applicant to hold the city free and harmless from any and all actions or causes of actions arising out of the encroachment;

5. Applicant agrees in writing that the encroachment creates no rights in conflict with the public interest and that the city may amend or revoke the right to encroach and the encroachment permit at any time;

6. Ensure the continued compliance with the city ordinances.

(Ord. 86-31, 1986)

A. Except as permitted under Chapter 4-4, no persons shall engage in the business or practice of selling, bartering, offering for sale, exchanging for donations or giving away any solid or liquid food or beverage, or any type of goods or merchandise, including samples, or conduct any commercial activity upon any City street, sidewalk, municipal parking lot or other off street property possessed and used by the City in the Village Mixed-Use Area.

B. Notwithstanding the prohibition of subsection A of this section, the City may issue a special event permit pursuant to Solvang Municipal Code Chapter 8-9.

(Ord. 87-70, 1987; Ord. 21-0348 § 5; Ord. 26-0392, 4/13/2026)

A. Definitions. For purposes of this section, the following definitions shall apply unless the context clearly requires otherwise:

1. Automated teller machine: An electronic device that accepts or dispenses currency in connection with a checking, savings, credit, or other monetary account.

2. Public place: Both public property and private property generally accessible to the public, including alleys, driveways, parking lots, parks, plazas, sidewalks, streets, and walkways.

3. Solicit:

a. To ask for money or something of value by spoken word, bodily gesture, or sign, as a donation or as consideration for a service or sale of merchandise; or

b. The sale of, offer to sell, or attempt to sell, for consideration of any kind, and for any purpose and without prior invitation, appointment, or consent, anything of value.

B. Manner Restrictions. No person shall solicit in any public place in any of the following manners:

1. By using verbal or physical conduct that would cause a reasonable person to fear for his or her safety or otherwise be intimidated into giving money or another thing of value.

2. By intentionally causing physical contact with the person solicited without that person's consent.

3. By intentionally blocking the path of the person solicited.

4. By intentionally interfering with the safe or free passage of a vehicle by any means.

5. By following a person who walks away after refusing the solicitation.

6. By approaching a person who is standing in a line, seated in an outdoor dining area, or is similarly stationary for a specific purpose such that, to a reasonable person, it is apparent that the purpose would be frustrated by relocation to avoid the solicitation.

7. By providing information to a person that is false or misleading.

C. Location Restrictions. No person shall solicit in any public place that is located:

1. Within fifteen (15) feet of any automated teller machine.

2. Within fifteen (15) feet of any designated bus stop.

3. Within fifteen (15) feet of an outdoor dining area of any restaurant or other dining establishment serving food for immediate consumption.

D. Exemptions. The provisions of subsection C of this Section 8.3.6 shall not be construed to prohibit:

1. Solicitation activities conducted by any charity, political or religious organization.

2. Solicitations related to business authorized by or conducted by the property owner, business owner, or employees thereof on the business premises.

3. The lawful vending of goods and services.

4. Expressive activity as defined in Section 8-9-2.

E. Penalty. Any person who violates any provision in this section shall be guilty of a misdemeanor, punishable as provided in Chapter 1-3 of this code.

(Ord. 87-70, 1987; Ord. 26-0392, 4/13/2026)

A. Downtown Restrictions.

1. No person shall skate, using roller skates or in-line skates, or ride or propel a skateboard on any street or sidewalk included in the restricted area depicted on exhibit A of this subsection. The restricted area extends to the edge of the curb on the prohibited side of the street. This prohibition shall not apply to any area where a city sponsored skating or skateboarding event or program approved by the city council is being held.

2. It is unlawful for any person, except for authorized law enforcement personnel and for persons with disabilities, to operate any electric personal assistive mobility device (as defined by the California Vehicle Code and sometimes also known or referred to as Segways, T-3 Motions and/or motorized scooters) on any sidewalk in the restricted area depicted on Exhibit A of this subsection.

B. Hours Restricted. No person shall ride or propel a skateboard in any street or road in the city after sunset.

C. Violating Rights-of-Way. No person shall ride or propel a skateboard in any street or road or upon any sidewalk in such a manner as to violate the right-of-way of any vehicle. All persons riding or propelling skateboards shall yield the right-of-way to pedestrians.

D. Reckless Operation. No person shall ride or propel a skateboard or skate, using roller skates or in-line skates, on any street or road or upon any sidewalk in a wilful or wanton disregard for the safety of persons or property.

E. Skateboard Park Regulations.

1. No person shall ride a skateboard at any skateboard park operated within the city of Solvang, whether supervised or not, unless that person is wearing a helmet with its safety strap properly worn, commercially manufactured elbow pads, and kneepads that are properly worn. The Solvang parks and recreation director shall ensure that visible regulatory signs at all skateboard parks be installed. Such signs shall afford notice that any person riding a skateboard at the facility at any time is required by law to wear a helmet, elbow pads, and kneepads, and that any person failing to do so will be subject to citation under this subsection E.

a. Any person receiving a second citation for any violation of this subsection E within a six month period is subject to confiscation of skates or skateboard for a period of one month from the date of issuance of the second citation.

b. In addition to those penalties provided in title 1, chapter 3 of this code.

2. No person shall use or ride, or possess any motorized sporting equipment, bicycles, scooters, or any other recreational transportation device other than skates, skateboard, or in-line skates that are propelled exclusively by the human effort of the person actually riding a skateboard or wearing the skates, inside the skate area of a skateboard park within the city of Solvang.

3. Skateboarding and in-line skating are deemed to be hazardous recreational activities.

4. Spectators and animals are strictly prohibited in the skate area of any skateboard park located within the city of Solvang.

5. Any member of the sheriff's department, parks and recreation or public works may temporarily close the skate park for flagrant violations of this subsection E.

(Ord. 12-299, 2012)

A. Unsafe or Dangerous Projections Over Street or Sidewalk Prohibited—Notice to Remove. Every person owning, occupying or controlling any building which has a detached or undetached encroachment that constitutes an unsafe or dangerous condition or an obstruction to the free public use of the public right-of-way shall cause the same to be removed within five days after being notified so to do by the city manager or other persons as may be designated by the city council.

B. Projections Over Street and Sidewalk—Minimum Height. No person shall construct an architectural encroachment or any other projection or suffer the same to remain at a height of less than eight feet over any sidewalk adjacent to premises owned, occupied or controlled by him or her.

C. Washing or Cleaning on Public Ways. In any area zoned other than residential within the city no person shall clean, wash or groom any mats, material, produce or any other thing on or over any public right-of-way. No person in any zone shall wash, push or blow from any private property any material or refuse onto or over the public sidewalk, street, road or public right-of-way.

D. Repairing or Washing Vehicles.

1. No person shall repair a vehicle, or install a part or accessory thereon, while the vehicle is upon a street, public parking lot or city property.

2. No person shall wash, clean or grease a vehicle standing upon a commercially zoned street, including the full width of streets where only 1/2 of the width is zoned commercially, or upon city property.

This subsection shall not prohibit the driver of a disabled vehicle from effecting emergency repairs necessary to enable the vehicle to proceed or to be removed from the street, parking lot or from city property; nor shall this subsection apply to the repair, washing or cleaning of city vehicles by city personnel upon city property.

E. Riding on Sidewalks Downtown. In the Village Mixed-Use Area of this chapter, no person shall:

1. Operate or ride upon a bicycle on a sidewalk.

2. Ride or propel a skateboard or human-propelled scooter on a sidewalk or a public street.

(Ord. 86-31, 1986; Ord. 86-41, 1986; Ord. 87-69, 1987; Ord. 26-0392, 4/13/2026)