Santa Barbara Allows Citations But Pushes Education of Mask Wearing

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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73 Comments
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Jul 29, 2020 12:57 PMThis is ridiculous. We are 4 months into a worldwide pandemic, and City Council wants to focus on EDUCATION?? People who aren't wearing masks know the facts and choose to ignore them. Signs and warnings are not educating ANYONE and are a waste of money, period. Believing that people aren't wearing masks because they are uneducated is foolish! Please make citations a higher priority. Stop making decisions and spending money for the sake of being able to say you did "something," City Council. Lead us, please, we need it. Enforce the mask rule with citations, not just as a "last resort" (aka, never), or our local economy will continue to crumble as businesses are continually forced to close and make costly adaptations as cases spike.
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Jul 29, 2020 03:39 PMSBLIFE, they can't cite. it's not a law. law is made by legislators, not city council members. and also, about 90% of you all have it wrong. wear a mask in public places where you can't be more than 6 ftt away from anyone out of your household or immediate family. That's the words from the health official. Not "wear a mask outdoors". That's ludicrous.
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Jul 29, 2020 04:03 PMzerohawk not sure where you studied law, but the cities can very much pass city ordinances unique to their city. That's what they've done here and can cite you for violating said ordinance. Do you seriously believe only the state/federal legislators can pass enforceable laws, rules, regulations?
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Jul 30, 2020 12:22 AMAnd obviously two people cannot pass each other on the “State St. Mall” with more than six feet between them. So write ‘em up!
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Jul 30, 2020 07:56 AMZero--dude, you know those things called "Ordinances", right?
"Ordinance. A law, statute, or regulation enacted by a MUNICIPAL CORPORATION. An ordinance is a law passed by a municipal government. ... The power of municipal governments to enact ordinances is derived from the state constitution or statutes or through the legislative grant of a municipal charter."
So, yeah, they can cite you for jaywalking, a loud party, parking where they don't want you to park.
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Jul 30, 2020 08:21 AMZerohawk--I'll put it here as well to try and educate you. Cities and counties write and pass laws and enforce those laws, they are called ordinances, here's the definition:
Ordinance. A law, statute, or regulation enacted by a MUNICIPAL CORPORATION. An ordinance is a law passed by a municipal government. ... The power of municipal governments to enact ordinances is derived from the state constitution or statutes or through the legislative grant of a municipal charter.
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Jul 30, 2020 08:51 AMWHO says three feet (one meter) is fine. Follow the science.
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Jul 30, 2020 08:52 AMOnly the federal or state criminal code allows for arrests; not city ordinance violations.
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Jul 30, 2020 11:45 AMALEXBLUE - Exactly. It's odd that so many people keep saying the cities can't pass laws to require masks in certain situations. There are MANY local ordinances that prohibit or require specific activities that are passed by municipalities. Do you think the 75 minute parking laws were introduced/passed by the state or federal legislature? Zoning ordinances? No smoking rules?
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Jul 30, 2020 11:49 AM8:52 - No one is going to be arrested for not wearing a mask, just cited and fined.
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Jul 29, 2020 01:30 PMMy God SB is weak and useless. How many times will they "educate" someone before writing a citation? And why not cite cyclists for breaking the law? Get a spine SB! While you're wringing your hands and worrying about how not to upset people, Goleta is out there having Caltrans clean up the side of the 101 to avoid more homeless fires. Get something done for once!
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Jul 29, 2020 03:37 PM601, could you please cite the laws that are broken by the cyclists ((none)? Also what LAWS are broken for not wearing a mask in public? None. You people are just weird!
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Jul 29, 2020 03:57 PMZERO - Cite the laws broken by cyclists? Um, stopping at red lights/signs, staying to the far right, WALKING their bikes when City signs tell them to. Need more?
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Jul 30, 2020 09:17 AMyes stopping, however, most of us stop, yield, look and go. far right? that's not a law or anything enforceable, that's just you wanting them on the right side. walking their bike when a sign tells them to? how is that a law? lol! yeah i do need more because you still haven't answered the pointed and clear question. cite the laws/ordinances...
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Jul 29, 2020 02:04 PM"In a recently conducted study of people in town not wearing masks, 62% were not aware of the mask order, he said." Is that like when people get pulled over and say they didn't see the stop sign, or thought the posted speed limit was higher? Of course they're going to say that, despite all the "educational" signs the City Council and pretty much every business and institution has place that show, in pictures, that masks are required. Continue to be soft on people and they will take advantage of your weakness.
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Jul 29, 2020 02:15 PMMaybe if the city gave out citations instead of education we can afford all those free masks they are giving away.
We need to make people take this serious and they only way we can is with citations.
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Jul 29, 2020 02:19 PMLast Saturday the Rose Garden was filled with people. No one was wearing a mask or social distancing. Young adults were playing Beer Bong! Elected Officials and Public Officials are useless. I have called to report problems (833-688-5551) and they are too busy taking calls to enforce on anything. Thoes hired to be the "enforcement" are sitting at desks! Now the Council wants to continue education rather than ticket. Ticketing will work. All you need to do is advertise that you are doing it and have a few people complain and people will get the message... Flood the Council's email addresses with complaints on the weak and inadequate enforcement: SBCityCouncil@SantaBarbaraCA.Gov
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Jul 29, 2020 02:26 PMLOCALINSB - I'm a native and grew up 3 blocks from the Rose Garden. I just now discovered you CAN drink there. Also, there are no requirements to wear a mask outside as long as you're 6 feet away from people from other households. I've seen many groups there, spread apart. There's no way to tell if the young people are from the same house unless you walk up and ask. Please don't bother the police calling in something that is perfectly legal. What they need to be doing is citing people jammed next to each other on State St. not wearing masks or distancing. Leave the parks alone, focus on the real problem!
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Jul 29, 2020 03:34 PMyes and what business it of yours? angry that you weren't invited? no? then really, how is their business any of your concern? Oh the outrage and horror! Some guys went outside and enjoyed a nice summer day near some roses and they were playing a game and having some beers! OMG c all the cops! No, just go find a better hobby than spying on people. How'd you like it if we did that to you? I chased someone down last weekend for taking a photo of me and my daughter at the beach. I caught him and got his camera. I asked what permission he had to take photos of my daughter, and he response was, you guys aren't wearing masks, i want to report you. Seriously? Shes my daughter. I live a block and half from the beach, we are in our neighborhood. We are family, and the only one near us at hte beach is some freak with a camera trying to snitch on us...WITHOUT KNOWING ANYTHING ABOUT US. Just like you and your thread. Same thing. His camera ended up accidently slipping out of my hand and went into the drink. Poor him. Maybe think twice next time?
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Jul 29, 2020 03:36 PMSAC....thank you for that. I back this up. Pure common sense prevails...for most of us. Thanks again.
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Jul 29, 2020 03:59 PMZERO - dollars to donuts you just made that story up. You really chased down a person, took their phone and threw it in the ocean? Nope.
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Jul 29, 2020 04:29 PMLol right 359? And by the way, Zero, anyone is allowed to photograph you in public, whether you like it or not.
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Jul 29, 2020 04:43 PMZERO, are you confessing to crimes? That you committed assault , theft, and destruction of property by forcibly wresting someone's camera away and dropping it in "the drink?" BTW, it is perfectly legal to take pictures of people in public places. As a television reporter I did it all the time, and our counsel said people out in public do not have the expectation of privacy. Now if you take video or stills of someone inside their bedroom that would be different.
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Jul 29, 2020 06:44 PMZerohawk--
Okay, to recap you went to the beach with your daughter. Someone took your picture without your permission, which pissed you off, and that's totally understandable..
Then, you went vigilante and enforced the law against taking pictures of people in public. No. There is no law. In fact, it is entirely legal to take someone's picture in public without their permission, weird, creepy, and uncool as that may be.
So, you decided to enforce a law that doesn't exist. And in order to do that, you physically strong armed someone, stole their property, and destroyed it.
So how many crimes did you commit? Two? Three? Felony? Absolutely brilliant.
And how old is your kid? So she got to watch Dad go rage monkey and break the law because you don't like someone else's perfectly legal actions?
Have you seen the video of the psycho old lady pepper spraying people for not wearing masks? Yeah--you're basically her.
Assuming you didn't make this whole thing up.
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Jul 30, 2020 12:26 AMPretty sure you can only drink there if you are at a permitted gathering like a wedding reception.....
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Jul 30, 2020 09:21 AMomg you people are just over the top weird. get off your computers and go find a life, hobby or something other than trying to argue online. see, i don't care what your response is. you all have your opinions and when someone on this forum disagrees with your opinion, it's like a pack/gang mentality. i usually enjoy it, but hey, i've got better things to do with my time. unlike you. so go a head and go wear your mask while you jog alone and take photos of peoples kids at the beach. weird AF...
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Jul 30, 2020 09:22 AMnot so, photographing minors? lol yeah right. accuse me of what you wish. you don't know me.
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Jul 30, 2020 09:27 AMim not going to ellaborate whatsoever. you just threw out a ton of false accusations man. like a fictional book. good one!
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Jul 30, 2020 11:24 AMWOW, ZERO, Cool story, bro. Just wear a mask in public, simple, sane, safe. Problem solved. If you threw MY camera in "the drink" I'd have to throw YOU in after it. Destroying someone's property? Just wow.
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Jul 30, 2020 11:32 AMZERO - if you don't care, why are you on here plastering the place with comments? You have an overall aggressive and condescending attitude towards others commenters here in most of your comments, which could be why people are giving you flak. Also, you seem to think because you're local, ride a bike, fish, walk, skate, etc etc etc (you tell us every time) that no one else here does the same. Hate to break it to you but I'm sure most of us are just as active outdoors. I know I am and my kids are. Try adjusting your demeanor towards all of your fellow residents/commenters and see how it fares.
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Jul 30, 2020 11:37 AM12:26 - No, you can actually drink there whenever you want as long as the park is open (so not at night). It's a surprise to me too!
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Jul 29, 2020 02:43 PMstatistically 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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Jul 30, 2020 02:12 PMPretty sure we're not supposed to use slope-forehead anymore.
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Jul 29, 2020 03:25 PMAnyone 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.
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Jul 29, 2020 03:30 PMthats because they are younger, more resilient and don't care. i didn't in my 20s either
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Jul 29, 2020 03:44 PMIn my experience it is a different demographic ignoring the public safety recommendations... older and whiter..
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Jul 29, 2020 05:18 PMZEROHAWK has it pretty spot on. Even among my own family members (who live in other states), it's the 20-somethings who are still hanging out with friends, partying, not masking ever...
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Jul 31, 2020 11:49 AMNot true. Old people are scared. Not sure what the color of their skin has to do with it?
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Jul 29, 2020 03:30 PMedhat 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.
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Jul 29, 2020 03:46 PM@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.
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Jul 29, 2020 04:01 PMZERO, the police do not need to "wait around" to find someone not wearing a mask. Look around. Mask-denying idiots are everywhere.
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Jul 29, 2020 04:07 PM@ZERO - here you go https://www.lawinfo.com/resources/state-local-municipal-law/
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Jul 29, 2020 06:40 PMHow about this--the SBPD should be in the downtown corridor enforcing all laws. Laws that have been on the books for fifty years and laws that have been on the books for twenty four hours.
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Jul 30, 2020 07:28 AMAlex, too many laws, not possible to do this. It is like nabbing speeders, there are too many, so they just get a few and hopefully the ones going the fastest.
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Jul 30, 2020 07:54 AMPitmix, 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.
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Jul 29, 2020 04:46 PMfor christs' sake - wear a mask. get over it. there are bigger fish to fry -
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Jul 29, 2020 05:48 PM420722 - do you wear a mask when unable to be 6ft away from people in your household?
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Jul 29, 2020 06:31 PM4:46 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.
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Jul 29, 2020 04:47 PMI’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.
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Jul 29, 2020 07:45 PMI 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.
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