The city of Solvang is taking steps to shed its “paper tiger” reputation on municipal code enforcement.

The City Council on Monday voted 5-0 to give initial approval to an ordinance that would flip the default penalty for municipal code violations from an infraction to a misdemeanor.

City officials said the move would give Solvang real teeth in dealing with repeat offenders.

“This is the latest of the more recent efforts in the city’s general effort to increase our enforcement tools and make the code less of a paper tiger as it’s been accused of being,” said City Attorney Chelsea O’Sullivan.

The ordinance would also establish a new “three strikes” policy, allowing the city to suspend or deny a business license for those who repeatedly violate municipal rules, including offenses such as unauthorized signage or aggressive solicitation.

The proposal will return for a final vote at the council’s next meeting, scheduled for 6:30 p.m. Feb. 9 at 1644 Oak St. in Solvang.

What the Proposed Ordinance Would Change

O’Sullivan said the legal reclassification from infractions to misdemeanors is less about filing criminal charges and more about unlocking stronger administrative enforcement tools.

“Having the default be the misdemeanor gives the city more flexibility to use that misdemeanor charge if there is an egregious violator,” she told the council. 

Under the current system, O’Sullivan explained, administrative penalties are limited — both in dollar amount and how much they can escalate over time.

By starting from a misdemeanor classification, she said, the city can still choose to issue lower-level fines but is no longer boxed in by the limits that come with infractions.

“If we have a repeat offender, maybe we’re issuing them administrative citation after administrative citation and they’re just not getting the picture because they keep putting out the same non-compliant sign,” O’Sullivan said.

“At some point we need to have a bigger stick basically.”

Three-Strikes Rule for Business Licenses

The ordinance also introduces a new “three strikes” mechanism that allows the city to suspend or revoke a business license if the licensee is found in violation of municipal rules three or more times within a 12-month period.

O’Sullivan said the policy is aimed at addressing situations where fines alone fail to drive compliance. 

City Manager Randy Murphy described it as a more meaningful deterrent for businesses that repeatedly disregard rules as a “cost of doing business”. 

Balancing Deterrence & Fairness

While all five council members supported the ordinance, several raised questions about its scope and implementation. 

Councilwoman Claudia Orona pressed staff on the practical reality of the stricter penalties.

“Just how sharp are the teeth?” she asked. “Could I spend six months in county jail for refusing to take my A-frame out of the public right of way?”  

O’Sullivan acknowledged that while jail time is legally possible for misdemeanors, “no judge is going to give you jail time for that,” and the city “wouldn’t ask for that.”

She added that the goal is compliance, not punishment.

“There’s an added gravitas to making somebody go all the way to Superior Court for a criminal citation than saying, ‘Come down to city hall and pay us $100 for an administrative fine,’” she said.

Other council members asked how Solvang’s policy compares to other cities.

O’Sullivan said the city is actually an outlier by defaulting to infractions, and that most jurisdictions use misdemeanors as the baseline because it gives officials flexibility to charge at a lower level or pursue stronger penalties when appropriate.

“I think the reason for that is because you can always charge lower, so it doesn’t lock you into doing a misdemeanor every single time,” she said.

Councilwoman Elizabeth Orona raised concern over a clause in the ordinance stating that certain city employees could “arrest without a warrant” when issuing citations.

O’Sullivan explained that the phrasing mirrors the state penal code and refers to handing out a citation and notice to appear, not a physical arrest.

Murphy, citing his past experience in law enforcement, backed the explanation.

“A citation is an arrest,” he said. “You’re not physically putting handcuffs on them, but the citation is an arrest… It functions as if it’s a warrant.”

Following the clarification, Orona said she supported the change and was “grateful that we’re in the position to put a little more strength behind what we ask our people to do.”

The ordinance will return for adoption at the council’s next meeting. If approved, O’Sullivan said, the changes would take effect 30 days later.