Solvang Municipal Code Ch. 3 General Penalty

A. 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 of, or failing to comply with any requirements of, this code or a condition of any permit or approval issued pursuant to this code shall be guilty of a misdemeanor unless (1) such a violation or failure to comply is designated as an infraction in this code or is subsequently prosecuted as an infraction, in which case the person is guilty of an infraction; or (2) such a violation or failure to comply is prosecuted as a civil administrative action pursuant to Chapter 6-5, Article A.

B. Any person who fails to pay an administrative fine or to comply with an administrative order is guilty of a misdemeanor.

C. Any violation of any provision of this code may, in the discretion of the City Attorney or the City Prosecutor, be prosecuted by City authorities in the name of the people of the state as a misdemeanor or an infraction, or redressed by civil administrative action.

D. 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 Chapter 6-5, Article A, of this code.

(Ord. 17-325, 2017; Ord. 23-0373, § 1; Ord. 26-0388, 2/9/2026)

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; Ord. 26-0388, 2/9/2026)

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; Ord. 26-0388, 2/9/2026)

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. Designated City Employees. Pursuant to Penal Code Section 836.5, the following officers and/or employees shall have and hereby are vested with the power, authority, and immunity to cite and arrest without a warrant any person whenever such an officer or employee has reasonable cause to believe that the person to be cited or arrested has committed an infraction or a misdemeanor in the presence the officer or employee that is a violation of the provisions of this code that such designated officer or employee has the duty to enforce:

City Manager.

Planning/Community Development Director.

Director of Public Works.

Code Enforcement Officer.

Officer of the Santa Barbara County Sheriff's Office.

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.

B. Notice to Appear. In any case in which the person is arrested pursuant to the authority in this section and the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on the promise to appear, as prescribed by Chapter 5(c), of Title 3, Part 2, commencing with Section 853.5, of the Penal Code.

C. 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.

D. The officers and employees identified in subsection A of this section shall have the concurrent authority to issue administrative citations, as well as any other persons designated to do so by the City Manager.

E. Nothing in this section shall affect any proceedings described in Chapter 6-5 of this code.

(Ord. 89-94, 1989; Ord. 10-289, 2010; Ord. 17-325, 2017; Ord. 26-0388, 2/9/2026)

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 be deemed to also prohibit causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission, and any person who shall cause, permit, aid, abet, suffer or conceal such act or omission shall be guilty of a violation of this code and shall be punishable in accordance with the punishment prescribed for such act or omission.

(Ord. 85-22, 1985; Ord. 26-0388, 2/9/2026)

Any violation of a condition of any permit or approval issued pursuant to this code shall constitute a violation of this code.

(Ord. 26-0388, 2/9/2026)