Earlier editions: 2026-09
Title 3 — PUBLIC SAFETY, MORALS AND WELFARE›Division 2 — POLICE REGULATIONS AND OFFENSES AGAINST THE PUBLIC
San Diego County Municipal Code Ch. 2 Prohibition of Registered Sex Offender Loitering
San Diego County Municipal Code · 2026-10 edition · updated 2026-10-03 · San Diego County
Cite as: San Diego County Municipal Code Chapter 2 · Text as of 2026-10-03
*Note—Amended by Ord. No. 9970 (N.S.), effective 3-12-09, as Chapter 2, Prohibition of Registered Sex Offender Loitering. (Provisions previously codified at § 32.1601 et seq.)
SEC. 32.201. PURPOSE.¶
This chapter bars registered sex offenders from loitering within 300 feet of schools and other facilities for children, when children are present. Sex offenders who prey on children frequently loiter in areas where children gather. The purpose of this chapter is to protect children from sex offenders who intend to engage in illegal sexual acts with children by preventing registered sex offenders from loitering in close proximity to children.
(Added by Ord. No. 9970 (N.S.), effective 3-12-09)
SEC. 32.202. DEFINITIONS.¶
The following definitions shall apply to this chapter:
(a) "Registered sex offender" means an individual who is currently required by law to register with a governmental entity as a sex offender.
(b) "Loiter" or "loitering" means to remain, linger or wander in a public or private place for the purpose of engaging in any lewd, lascivious or otherwise illegal conduct, including but not limited to committing offenses specified in Penal Code sections 207, 209, 261, 264.1, 273a, 286, 288, 288a, 288.2, 288.3, 289, 311.1, 311.2, 311.4 or 311.11 or for the purpose or intent of engaging any person in any sexual act of any kind or for the purpose or intent of soliciting any person to engage in any sexual act of any kind.
(c) "Child" or "children" means any person who has not reached his or her eighteenth birthday.
(d) "Child care and development facility" has the same meaning as the term "child care and development facility" in California Education Code section 8208.
(e) "County park" has the same meaning as the term "County park" in section 41.101(b) of this code.
(Added by Ord. No. 9811 (N.S.), effective 1-4-07; amended by Ord. No. 9970 (N.S.), effective 3-12-09)
SEC. 32.203. PROHIBITION AND ENFORCEMENT.¶
It shall be unlawful for a registered sex offender to loiter in a public or private place located in the unincorporated area of the County that is on or within 300 feet of a public or private school for children, a child care and development facility, a park, recreation facility, playground or arcade, when children are present. Each distinct and separate instance in which a registered sex offender loiters in violation of this section shall constitute a separate offense.
(Added by Ord. No. 9811 (N.S.), effective 1-4-07; amended by Ord. No. 9970 (N.S.), effective 3-12-09)
SEC. 32.204. EXCEPTIONS.¶
(a) This chapter does not restrict the right of any person to travel to or from any place as long as the person does not loiter as defined by section 32.202 (b) above.
(b) This chapter shall not restrict access to public parks for the purpose of exercising First Amendment rights under the United States Constitution, nor any other constitutional rights under either the United States Constitution or the California State Constitution, so long as the activity does not constitute loitering as defined in section 32.202(b).
(c) This chapter does not apply to restrict a registered sex offender's place of residence when the residency is regulated by State law.
(Added by Ord. No. 9811 (N.S.), effective 1-4-07; amended by Ord. No. 9970 (N.S.), effective 3-12-09)
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