Life of The Party Home

Know the Laws

If you or a friend has received a citation, seek legal advice from the Legal Resource Center (free for UCSB students only) at 6550 Pardall #B (around back and above Grafikart) or call (805) 893-4246.
THESE VIOLATIONS ARE PUNISHABLE BY FINES UP TO $3,000 AND/OR UP TO ONE YEAR IN JAIL AND RESTITUTION. Fines vary depending on past criminal record and court proceedings.


Click to expand the ordinances and citations below:

 
NEW! Social Host Liability Ordinance: 48-4 CO ORD

A social host is a person of any age who hosts or allows a party, gathering or event where minors are knowingly allowed to consume alcohol. Hosting a party and allowing minors to consume alcohol will result in a civil penalty of $500 plus a required educational class for the first offense, $1,000 for a second offense and $2,000 for a third offense. The Social Host Liability Ordinance will be enforced in Santa Barbara County beginning December 2010. Want to learn more? Read some FAQ's or find the actual text of new law here.




Public Nuisance (Party): 36-6 CO ORD

A party becomes a public nuisance when it results in at least three or more violations including, but not limited to, Battery, Trespassing, Criminal Threats, Disturbing the Peace, Vandalism, Arson, MIP, Fires, or Unlawful Fireworks. A party will also become a public nuisance when there is “moshing” (slamming bodies into each other), when a keg is placed where the public can view it, or when the conduct of persons in attendance results in unsafe behaviors that are likely to cause injury to persons, property and/or provoke violent reaction from another person. Police officers can enter a party that is a public nuisance.


Excessive or Unreasonable Noise: 40-2 CO ORD

It shall be unlawful within the unincorporated area of the County of Santa Barbara (Isla Vista) to make, assist in making, permit, continue, create, or cause to be made, any loud and unreasonable noise (defined as being audible 100 ft from the property line), music, percussion or other sound which is broadcast outside of any residence or building by means of any amplified musical instrument, drum, or similar device, or by means of any radio, loudspeaker, sound amplifier or phonograph, or by means of or employing any similar device which amplifies and produces, reproduces or broadcasts sound, during the following:

  • Sunday through Thursday (night and the following morning) between 10pm and 7am
  • Friday or Saturday nights between midnight and 7am


Furnishing Alcohol to Minors: 25658(a) B&P

Any person who purchases an alcoholic beverage for and/or sells, furnishes, gives or makes available an alcoholic beverage to someone under the age of 21 is guilty of a misdemeanor. 

 

Disturbing the Peace: 415 PC

Any person who unlawfully fights in a public place or challenges another person in a public place to fight, 415(1) PC. Any person who maliciously and willfully disturbs another person by loud and unreasonable noise, 415(2) PC. Any person who uses offensive words in a public place that are inherently likely to provoke an immediate violent reaction, 415(3) PC.

 

Public Intoxication/ Drunk in Public: 647(f) PC

Any person who is found in any public place under the influence of an intoxicating liquor, drug, controlled substance, or any combination of the above stated in a condition where he or she is unable to exercise care for his or her own safety or the safety of others, or obstructs or prevents the free use of any street, sidewalk, or other public way (passed out in a public place).

From the Legal Resource Center (LRC):

The most common questions about DIP involve "How drunk do you have to be to be cited?" The standard is that you are intoxicated to the point that you are a danger to yourself or others, and are in public. If you are inside a residence, regardless of the degree of your intoxication, you are not drunk in public. If you are walking down the street, an alley, or a park, you are in public. Typically, a student who receives a DIP falls within a few categories of conduct: passed out; stumbling home, isn't sure exactly where home is; walking alone late at night with alcohol on his/her breath; walking with a group of people but is clearly being held up by 1 or more among the group; vomiting into a planter or trash can; acting in a manner that a sober person would not. The law requires that when an officer makes an arrest for Public Intoxication, he must take the individual into custody until they sober up and can care for themselves. This is a safety issue, not because the officer wants to be mean to you. If you are too drunk to care for yourself, then you should not be left alone. It is for a judge or jury to determine whether you really were too drunk by legal standards. No test is taken to measure your BAC, and there is no requirement that it has to be taken. It is objective observations by the officer that support the arrest.

 

Alcohol Possession by Minors (MIP): 25662 B&P

Any person under the age of 21 years who has any alcoholic beverage in his or her possession, closed or open, on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor.

From the Legal Resource Center (LRC):

Most common questions about MIP involve the requirement that the student be in public with an alcoholic beverage. "Public" means a lot of things. It can mean being on a public street, being in a public place (like Giovanni's or Deja Vu), being in a common area on private property that is open to public access (like a quad or walkway to apartments), and being visible from a public vantage point (like sitting in a living room with the door open that faces the common area of the building, or on a balcony that is visible from the street). It can also mean being at a house party that is open to the public ("open parties") even if you are inside the house and not visible from any public vantage point. An "open party" is treated the same as Giovanni's or Deja Vu because it is open to the public. If something is open to the public that means the cops can enter, too.
Second most common question is "What if it wasn't mine?" or "What if I didn't drink from it"? It doesn't matter. The law does not require it to be yours or for you to have drank from the container. The law requires that you are in possession, which leads to the third most common question. "Possession" means that the container of alcohol is within your control. It doesn't mean you literally have to be holding it (which is why some students receive citations even though they set the cup down on the ground or table near them).



Possession of Alcohol in a Vehicle, Person Under 21: 23224 VC

It is against the law for a person under 21 years of age to transport alcohol in their vehicle unless they are accompanied by a parent/guardian. Even if a friend who is over 21 is in the car and the alcohol in their possession, it is illegal for an underage person to transport them in a vehicle.



Driving Under the Influence (DUI): 23152 VC

It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. (Same standards for DUI on a bicycle – 21200.5 VC).

 

Public Urination: 24-34 CO ORD

It is against the law to urinate or defecate in or upon any street, sidewalk, alley, plaza, park, beach, public building or public maintained facility, or any place open to the public or exposed to public view. This section shall not be construed so as to prohibit the use for urination or defecation in the lawfully constructed restroom facilities designed for the sanitary disposal of human waste.

From the Legal Resource Center (LRC):

Santa Barbara County has a local ordinance addressing people who urinate in public. Some people receive citations for illegal dumping, which is a California state law. If you receive a citation for illegal dumping the fine is quite high, but luckily our courts will give the lesser fine of the county ordinance. Doing this act in public means you are in view of someone standing at a public vantage point (like street or sidewalk). You can receive a citation even if you are on private property (like in someone's driveway) as long as you are visible from a public vantage point.

 

Possession of Open Alcoholic Container: 36-3 CO ORD

No person shall have in his or her possession on any public street or public area any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.

From the Legal Resource Center (LRC):

If you have an open container of alcohol and you are in a place where alcohol is not permitted (regardless of how old you are), then you are in public with an open container. "Public" doesn't mean the same as it does for MIP. Rather, it means being on a street, at the beach or in a park where alcohol is prohibited. If you are in one of these places, but have a special permit allowing you to have alcohol at your event, then as long as you present the permit you will not be cited. Once you are caught there is no chance of talking your way out of the citation. You are better off saying as little as possible, giving your correct name and information, and being cooperative. Let the facts speak for themselves and fight your battle in court, not with the officer issuing the citation. None of your smart zingers will help you with your situation.

 

Outdoor Festival and Music Prohibited: 6-70.01 CO ORD

It shall be unlawful to host an outdoor festival or provide music by a professional or amateur person at any residence or other location within the Isla Vista area to which members of the public are admitted from October 26th to November 4th from the hours of 6:00 PM till 7:00 AM on each of the above listed days. Any person violating this section shall be issued a citation.


 
Open Fires: 41800 H&S

No person shall burn any items (e.g. furniture, trash, etc.) on a street or on their property unless the entire fire is contained in a fire pit.





This information is not intended to be used as legal advice for any case. If you have additional questions, contact the Legal Resource Center (free for UCSB students only) at 6550 Pardall #B (around back and above Grafikart) or call 805-893-4246. Information collated by UCSB Associated Students.