Santa Barbara Allows Citations But Pushes Education of Mask Wearing

Santa Barbara Allows Citations But Pushes Education of Mask Wearing title=
Pedestrian Promenade on State Street (Photo: John Palminteri)
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By edhat staff

The Santa Barbara City Council is focusing on education and outreach for wearing face masks but approved the use of citations as a last resort.

The council voted unanimously on Tuesday evening to allow Santa Barbara Police officers and downtown ambassadors to cite anyone in "high-risk areas" who are not wearing a face covering. The areas discussed as high-risk are in the newly created pedestrian promenade on State Street, more specifically the crowded 500 block.

The emphasis will be on education with new signs to be placed throughout the city to remind locals and visitors of the Governor's mandatory order of wearing a face mask. 

Santa Barbara Transportation Planning and Parking Manager Rob Dayton stated approximately 90% of people were in compliance with the mask order on State Street last weekend from 11:00 a.m. to 6:00 p.m. In a recently conducted study of people in town not wearing masks, 62% were not aware of the mask order, he said.

Dayton also stated the mandatory six-feet of social distancing isn't happening at restaurants and some have their outdoor parklet reaching too far into the street. 

The council has not determined what the cost of the citation will be but discussed it could be similar to a parking ticket.

Although discussions took place over reckless bicyclists on State Street through the promenade, the council did not make a decision whether to cite the cyclists as well. 

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RHS Jul 30, 2020 11:48 AM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

For those who persist in saying people cannot be cited for not wearing masks, here is the law:
CA GOVT CODE 8625
The Governor is hereby empowered to proclaim a state of emergency in an area affected or likely to be affected thereby when:
(a) He finds that circumstances described in subdivision (b) of Section 8558 exist; and either

(b) He is requested to do so (1) in the case of a city by the mayor or chief executive, (2) in the case of a county by the chairman of the board of supervisors or the county administrative officer; or
(c) He finds that local authority is inadequate to cope with the emergency.
(Added by Stats. 1970, Ch. 1454.)
8627: During a state of emergency the Governor shall, to the extent he deems necessary, have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of this chapter. In exercise thereof, he shall promulgate, issue, and enforce such orders and regulations as he deems necessary, in accordance with the provisions of Section 8567.
8665.
Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment for not to exceed six months or by both such fine and imprisonment.

RHS Jul 30, 2020 11:44 AM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

HERE IS THE LAW THAT AUTHORIZES THE GOV TO CREATE CRIMINAL PENALTIES BY PROCLAMATION:
CA GOVT CODE 8625
The Governor is hereby empowered to proclaim a state of emergency in an area affected or likely to be affected thereby when:
(a) He finds that circumstances described in subdivision (b) of Section 8558 exist; and either

(b) He is requested to do so (1) in the case of a city by the mayor or chief executive, (2) in the case of a county by the chairman of the board of supervisors or the county administrative officer; or
(c) He finds that local authority is inadequate to cope with the emergency.
(Added by Stats. 1970, Ch. 1454.)
CA GOVT CODE 8665.
Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment for not to exceed six months or by both such fine and imprisonment.

biguglystick Jul 30, 2020 11:26 AM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

GOOD. People should be wearing masks if they are walking inside the State St. area. There are so many people in there! I have been tempted to walk down the length of it and see whats open, but I see too many people not masking to feel safe to do so. I'll wait. If people can't be bothered to protect others and themselves while walking in this area, then we DO need ticketing. Maybe then, they will comply. Geez, people!

a-1596125553 Jul 30, 2020 09:12 AM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

Presumption: masks work. Fine people if they are not wearing them. Except masks have not been proven to do much of anything, according to WHO data published in Lancet. So one is fining people for someone else's feel-good benefit. Not a good practice at all.

oceandrew Jul 30, 2020 11:34 AM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

9:12AM... you're absolutely right. Masks by themselves, left unworn or failing to cover mouth and nose holes, do not work. Same can be said for masks hanging off your rear view mirror. The only way to keep your covid particles from spreading to others is to block them or for you to be quarantined until you are proven SAFE to be among others. Don't be a Gohmert.

letmego Jul 30, 2020 09:45 AM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

Source? https://www.thelancet.com/pdfs/journals/lancet/PIIS0140-6736(20)31142-9.pdf
Or this one https://www.thelancet.com/infographics/coronavirus/COVID-prevention
...
I'm unable to find anything more recent than June. Can you link your source please?

a-1596123872 Jul 30, 2020 08:44 AM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

It is clear that masks alter brain processing if I read all this, and not wearing them alters good judgment.
Do we really need to be re-education?--that is real Chinese style management. These tickets are revenue for Cities now too--like fishing in a pond where they just added more trout! Some older people CANNOT wear masks (ironic since they are more at risk) --not the deaf who read lips--stop this vigilante style, ugly, hateful stereotyping...please.
Let's work on the younger generation who have always felt immortal and disrespect laws.

SandyS Jul 29, 2020 10:43 PM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

All this hubbub over masks. Today Fauci said that at some point eye protection [shields, goggles] may be considered as well, he even said if you have a face shield you should wear that too or goggles bc you can get it through your eyes. How many ppl got it through their eyes? Wouldn't we all be sick by now? I'm fine with masks but goggles and face shields potentially now too?

SandyS Jul 30, 2020 07:59 AM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

PSTARSR what are you talking about? First, I don't know who "you" is but I wear a mask and don't have an issue with it. Second, Fauci said the shields / goggles IN ADDITION TO masks b/c now they are going to say it transmits through your eyes. So, no, wearing masks or not has nothing to do with that. Masks don't cover your eyes.

SilverSurfer Jul 29, 2020 08:19 PM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

Government cannot force anyone to wear a mask outside because it would be a violation of both California & Federal constitutions. Mandates are really only recommendations based on code which is legalise & not necessarily lawful. Of course any private operation can request you to walk backwards but you don't have to support such an establishment. But then, they want to change that don't they? Good luck with that plan!

pstarSR Jul 30, 2020 07:58 AM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

sorry but it is not a constitutional infringement to require you to wear a mask for public health. its already been beaten to death on all the news stations and channels. There is no rights that say you cant be fore to wear a piece of cloth over your face hole.

SandyS Jul 29, 2020 08:13 PM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

At least 3 times in the last month or so a house on our block has had a party. Lots of ppl, drinking - not sure if it's an Air BnB but it seems like maybe it is. Finally someone called the cops for a noise complaint late one night and they told them that they cannot do anything about a maskless large gathering in and of itself but that can break it up for a noise complaint which they did but by then, it had been raging for hours. I hope the city will consider also citing owners/tenants for having these parties too if called in by neighbors even outside of "quiet hours". These parties are also super spreaders.

PitMix Jul 30, 2020 01:48 PM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

You want them to stop, you have to use whatever tools you have. If you don't, then go party with them. Alex, in the City you can only do vacation rentals in Hotel Zones, so in most areas they are illegal. "ALLOWED ZONES. Vacation rentals are allowed in all zones in which hotels are allowed: R-4, C-L, C-P, C-1, C-2, C-M, HRC-1, HRC-2, HRC-2/OC and M-1 Zones. If the property is not located in one of these zones, a vacation rental is not an allowed use in that zone and cannot be permitted." If you are talking about the County, you are correct.

SandyS Jul 30, 2020 08:04 AM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

PITMIX we aren't interested in turning in our neighbor for an AirBnB even if it's illegal b/c for the most part they are fine - and we are not busy bodies. Our main concern is these large maskless gatherings that happened AFTER they put us back into a semi-lockdown which we feel is not only rude but irresponsible and reckless considering how this is really impacting people in so many ways. All we want is for the maskless, large gatherings to stop. If they want to have ppl over and they are wearing their masks and distanced or outside that is fine but it's really "in your face" to have a party like that during a pandemic. We would just like to see that stopped - rather than using it as an opportunity to screw over a neighbor.

PitMix Jul 30, 2020 07:27 AM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

AirBNB's are illegal unless in the Coastal Zone, right? Can go after them for that. Cops don't like to enforce noise ordinances after 10pm but there is something in the code about disturbances creating noise outside of ordinary activities in neighborhoods.

420722 Jul 29, 2020 04:47 PM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

I’d like to hear from the weirdos that want mask to be worn outside at all times even while your alone and away from people or in the car ALONE with dirty gloves that you just touched everything at the store with. Like, what’s your reasoning? For real.

Bene Jul 29, 2020 07:45 PM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

I have never heard anyone advise wearing a mask in a car when alone. If you have seen such a thing, I am positive you will be able to figure out at least five scenarios why that would occur-- other than that the person was thinking they would get the virus while in their car.

420722 Jul 29, 2020 06:31 PM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

4:46 that doesn’t answer the question. I’ll show you how. @5:48 I only wear a mask while shopping because it is forced for entry. Also, what events are taking place that people can’t distance outdoors? If you’re going to say in the downtown thing don’t bother I don’t even go there.

ZeroHawk Jul 29, 2020 03:30 PM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

edhat staff, you have this wrong and i just spoke to Alejandra from the council to confirm. No one is going to cite anyone for not wearing a mask. They will give you a mask and educate you. 7-0 vote on this.
But really think about that too. Do you really expect our officers to mill around downtown waiting for a few people to not wear a mask so they can "cite" them? For what? There is no _law_ that says we all must conform and wear a mask. There are requests to wear masks. Also, our PD have a lot bigger things to focus on than to go downtown and "cite" some one for not wearing a mask. I'll go out on a limb here and say that it won't even hold up in court. Until there is actual legislation passed and approved and the laws go into the books, 'citing' some one for not wearing a mask will result in absolutely nothing but a lawsuit against the city for attempting to cripple someone elses rights and freedoms. Just trying to show a different perspective, but back to the point. Post what is correct, not what you interpreted.

Alexblue Jul 30, 2020 07:54 AM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

Pitmix, my saying "enforce all laws" doesn't mean that anyone expects them to cite all lawbreakers. My point is that people are trying to weasel around the issue of masks by saying it would be a burden on the police to enforce. It's their job to enforce, as you say, get a few and people will start to pay attention.

a-1596062819 Jul 29, 2020 03:46 PM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

@ZeroHawk - that is not entirely true. The council voted to allow police and ambassadors to cite people as a last resort although the details have yet to be hammered out so it is not an official law as of now. The focus will be on education but citations could be done if needed once the rules are finalized.

LCP112233 Jul 29, 2020 03:25 PM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

Anyone who needs to be educated by now must be living under a rock, in a cave or in a coma. And no M-Cubed, it's not just the so called "slope-fore headed, anti-maskers". In fact, it seems to be mostly the liberalized college age entitled brats.

m-cubed Jul 29, 2020 02:43 PM
Santa Barbara Allows Citations But Pushes Education of Mask Wearing

statistically speaking, a slope-forehead anti-masker is just as likely to flip out on you for 'educating' him as he is for giving him a ticket. might as well make the city some money. and i base these statistics on absolutely nooothing.

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