Santa Maria's Public Conduct: The Rules That Matter

Every city handles public conduct a little differently. In Santa Maria, California, there are 7 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Jaywalking

Pedestrians in Santa Maria's business districts must cross the roadway at a crosswalk. Crossing mid-block or outside a marked crossing anywhere in a business district is unlawful under the City's traffic code.

Key details: Where it applies: Business districts only. Requirement: Cross only at a marked crosswalk. Crosswalk authority: City Council designates, City Engineer marks. Origin: Prior Code Section 16-32.

Crossing a roadway anywhere other than a marked crosswalk while within a business district violates Section 7-11.02 and is enforceable as a traffic infraction under the general penalty provisions of Title 7.

Public Marijuana Use

Santa Maria regulates public marijuana smoking the same as tobacco smoking. Section 6-12.10 subjects smoking marijuana and ingesting marijuana products to Chapter 5-7's Smoking Control Ordinance and to California Health and Safety Code Section 11362.3, which bars cannabis use anywhere smoking tobacco is prohibited, including enclosed public places and City parks.

Key details: Governing section: SMMC §6-12.10, cross-refs Chapter 5-7. State law tie-in: Health & Safety Code §11362.3. City parks/plazas: Smoking banned, §5-7.04. First violation fine: Up to $100. Repeat violation fine: Up to $500.

Section 5-7.08 makes it unlawful to smoke where prohibited and unlawful for a person controlling covered premises to fail to comply, punishable as an infraction: up to $100 for a first violation, up to $200 for a second within one year, and up to $500 for each additional violation within that year. Section 5-7.08(d) also lets a private citizen bring legal action to enforce the chapter.

Compared to other cities, Santa Maria takes a harder line on public marijuana use. The enforcement and penalty structure reflects that.

Outdoor Smoking Restrictions

Santa Maria bans smoking in every City park, plaza and public parking facility, plus within a reasonable distance of any enclosed City building, under the Smoking Control Ordinance's Section 5-7.04. The ban also covers enclosed public places citywide under Section 5-7.05, with fines starting at $100 for a first offense and rising to $500 for repeat violations within a year.

Key details: Ban zone: All City parks, plazas, public parking facilities. Buffer: 20 feet from doors/windows where smoking is barred. Fine: $100 first offense, up to $500 repeat. Exempt: Hotel/motel rooms and private residences. Signage: 1-inch letters or international no-smoking symbol.

Section 5-7.08 makes it an infraction to smoke where prohibited, or for anyone who owns, manages or controls a regulated premises to fail to comply with the chapter. Fines run up to $100 for a first violation, $200 for a second violation within one year, and $500 for each additional violation within that year. A private citizen may also bring legal action to enforce the ordinance directly.

This is not one of those rules that cities tend to ignore. Santa Maria actively enforces its outdoor smoking restrictions requirements.

Loitering Rules

Santa Maria bars anyone under 18 from loitering on public streets, sidewalks, parks, parking lots or vacant lots between 11:00 p.m. and 6:00 a.m. under Municipal Code Section 6-3.02. Exceptions cover minors accompanied by a parent or guardian, running an authorized errand, commuting to work or a sanctioned activity, or exercising First Amendment rights.

Key details: Curfew hours: 11:00 p.m. to 6:00 a.m.. Applies to: Anyone under 18 (non-emancipated). Standard: Same 'loiter' meaning as Penal Code 647(h). Exceptions: Parent/guardian supervision, errands, work, First Amendment activity. Enforcement: Juvenile Welfare & Institutions Code procedures.

Violating Section 6-3.02's nighttime curfew is handled under Section 6-3.04: rather than a standard adult misdemeanor charge, an enforcing Peace Officer proceeds under California Welfare and Institutions Code Sections 601, 625, 625.5, 626 or 626.5, the juvenile-justice provisions governing status offenses, contacts and detentions for minors. Violating the separate posted-property loitering ban in Section 6-2.106 is a straight misdemeanor, and a person who tears down or defaces a posting sign under Section 6-2.105 is likewise guilty of a misdemeanor.

Compared to other cities, Santa Maria takes a harder line on loitering rules. The enforcement and penalty structure reflects that.

Public Alcohol Use

Santa Maria makes it unlawful to drink any alcoholic beverage on public property citywide, and to possess an open container in a posted city park, under Municipal Code Section 6-5.02. The same restriction extends to privately owned property open to the public under Section 6-5.03, with permit-based exceptions for organized events.

Key details: Public drinking: Banned on all public property. Open container: Infraction under Bus. & Prof. Code §25620. Private property open to public: Drinking also banned, §6-5.03. Event exception: Written consent from Parks Director or Police Chief. Penalty: Misdemeanor under §6-5.07.

Section 6-5.07 makes violation of any section in Chapter 6-5 a misdemeanor, notwithstanding the general infraction default in Section 1-6.01. The open-container provision under Section 6-5.02(b) is instead charged as an infraction per Business and Professions Code Section 25620. The Director of Recreation and Parks or any City Police Officer can immediately revoke event consent without notice for a violation of any permit condition or law.

Aggressive Panhandling

Santa Maria's Aggressive Solicitation Ordinance, adopted as Chapter 6-10, makes it unlawful and a public nuisance to engage in aggressive solicitation on streets, sidewalks and other public places, and separately bans soliciting near ATMs, banks, parking structures, bus stops, restrooms and vehicle occupants after dark under Section 6-10.03.

Key details: Ordinance name: Santa Maria Aggressive Solicitation Ordinance. Adopted: Ordinance 2014-03, eff. 7/17/2014. ATM buffer: 25 feet, no-solicit zone. Bank/bus stop buffer after dark: 25 feet. Violation class: Infraction and public nuisance, §6-10.05.

Section 6-10.05 makes any violation of Chapter 6-10 both an infraction and a public nuisance, subjecting violators to any remedy available under the Municipal Code and at law, including nuisance abatement in addition to criminal infraction penalties. The vehicle-approach restriction does not apply to emergency roadside services or when the vehicle occupant has clearly consented to being approached.

This is one of the stricter rules in Santa Maria's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Skateboarding Rules

Skateboards, roller skates and toy vehicles are banned from every roadway and from any public sidewalk serving a business or business district under Santa Maria law. Posted private property and skate parks add their own helmet and pad rules.

Key details: Roadway/business sidewalk: Banned outright, no signage needed. Posted private property: Banned only if signed per code wording. Skate park gear: Helmet, elbow pads, knee pads required. Legal basis: California Vehicle Code authority. Last amended: Ordinance 2003-10, effective 5/20/03.

Riding a skateboard, roller skates or a toy vehicle on any roadway or on a business-district sidewalk violates subsection (a) regardless of signage. Riding on a properly posted private sidewalk, walkway or public property violates subsections (b) and (c). Riding in a City skateboard park without a helmet, elbow pads and knee pads is a separate violation even where riding itself is otherwise permitted there.

This is one of the stricter rules in Santa Maria's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Santa Maria is tougher than many cities when it comes to public conduct. Out of the 7 rules covered here, 5 are rated strict. If you are a homeowner, renter, or business owner in Santa Maria, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Santa Maria's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.