San Diego Municipal Code Div. 10 Public Access To Health Care Facilities

Places of Worship or Schools (“Public Access To Health Care Facilities, Places of Worship or Schools” added 3–15–1993 by O–17897 N.S.)

The Council finds that every person in the City of San Diego has a constitutional right to privacy in accessing healthcare, including reproductive healthcare, to exercise religion, and to access equal educational opportunities, and that intentional efforts to harass or prevent a person from exercising these rights are contrary to the interests of the people of San Diego. The Council further recognizes that every person in the City of San Diego has the constitutional right to assemble peaceably and to exercise free speech rights. It is the purpose of this Division to strike a balance between protecting the rights of those who seek access to healthcare, to practice their religion, and access educational services, while also protecting the rights of those who wish to express themselves. (Retitled to “Establishment of Fixed Buffer Zone at Entrances and Exits to Health Care Facilities, Places of Worship and School Grounds” and amended 12–16–1997 by O–18452 N.S.) (Retitled from “Establishment of Fixed Buffer Zone at Entrances And Exits to Health Care Facilities, Places of Worship and School Grounds” to “Purpose and Intent” and amended 6-11-2024 by O-21822 N.S.; effective 7-11-2024.)

For purposes of this Division, defined terms appear in italics. The following definitions apply:

Consent means to give permission through words or acts to what another person
proposes through words or acts.

Entrance and exit mean any door, gate, opening, or intersection of the public right-of-
way and a private walk or path leading to a health care facility, place of worship, or
school grounds, used by persons to gain access to or leave the premises of a health
care facility, place of worship, or school grounds.

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Harass and harassment mean engaging in a knowing and willful actions or course of conduct directed at a specific person or persons that would seriously alarm or aggravate, cause substantial distress to, intimidate, terrorize, threaten, or torment a reasonable person. Harassment does not include consensual conversations or displaying a sign from more than eight feet away from a person or persons. Harassment includes approaching or following a person with the intent to harass once the person has indicated they do not want to be approached or followed; intentionally touching or causing physical contact with a person without that person’s consent; and using violent or threatening gestures toward a person.

Health care facility means any medical or health facility, hospital, or clinic within the City that is licensed as a health care facility under state law or any building, office, or other place within the City regularly used by any health care provider licensed under California law to provide medical, nursing, counseling, referral, information, or advice to patients.

Intimidate means use of credible threats of violence, oppression, or coercion with the intent to prevent a person from accessing a health care facility, place of worship, school grounds, or a parking lot.

Obstruct means making ingress to or egress from a health care facility, place of worship, school grounds, or a parking lot impassable or unreasonably difficult or hazardous. Obstruct includes intentionally blocking or interfering with the safe or free passage of pedestrians or vehicles by any means, intentionally causing a pedestrian to take evasive action to avoid physical contact, and placing signs, tables, chairs, or other objects in a manner that blocks the flow of pedestrian traffic.

Parking lot means property owned, leased, occupied, or otherwise held out to the public by a health care facility, place of worship, or school as a place where a person can park a vehicle for the purpose of accessing the health care facility, place of worship, or school grounds.

Place of worship means a place in which religious worship, as defined under California law, is conducted.

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School grounds means the building or buildings set aside for purposes of giving instruction on those courses of study required by the California Education Code or maintained pursuant to standards set by the State Board of Education, or in which such instruction is actually given, plus any grounds surrounding the school that are enclosed by a fence, wall, hedge, or other manner of enclosure. School grounds does not include the grounds associated with a vocational or professional institution of higher education, including a community or junior college, college, or university and does not include a private residence where home schooling activities occur. (Amended 12–16–1997 by O–18452 N.S.) (Retitled from “Private Right of Action” to “Definitions” and amended 6-11-2024 by O-21822 N.S.; effective 7-11-2024.)

Places of Worship, and School Grounds

(a) Obstructing Access. No person shall obstruct an entrance or exit or access to a
parking lot at a health care facility, place of worship, or school grounds.

(b) Harassment and Intimidation Prohibited. Within a radius of 100 feet of a
health care facility, place of worship, or school grounds, no person shall:

(1) approach within eight feet of a person in the public right-of-way or
sidewalk area who is seeking to enter or exit a health care facility,
place of worship, or school grounds to harass or intimidate that
person; or

(2) harass or intimidate a person in the public right-of-way or sidewalk
area who is seeking to enter or exit a health care facility, place of
worship, or school grounds.

(c) Consent Required. Within a radius of 100 feet of a health care facility, place
of worship, or school grounds, unless the person or motor vehicle occupant
consents, no person shall:

(1) knowingly and willfully approach within eight feet of a person in the
public right-of-way or sidewalk area who is seeking to enter or exit a
health care facility, place of worship, or school grounds, to:

(i) pass a leaflet or handbill to that person;

(ii) display a sign to that person; or

(iii) engage in oral protest, education, or counseling.

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(2) knowingly and willfully approach within eight feet of an occupant of a
motor vehicle seeking to enter or exit a parking lot, to:

(i) pass a leaflet or handbill to the motor vehicle occupant;

(ii) display a sign to the motor vehicle occupant; or

(iii) engage in oral protest, education, or counseling.

(d) Measuring Eight Feet. For purposes of this Division, eight feet shall be measured from the extension of the body of the person seeking to enter or exit a health care facility, place of worship, or school grounds or the exterior of the occupied motor vehicle seeking to enter or exit a parking lot to the extension of the body of, or any sign or object held by, another person.

(e) Measuring 100 Feet. For purposes of this Division, 100 feet shall be measured
from the main entrance door, or if the property is fenced and gated then from
the main entrance gate, of the health care facility, place of worship, or school
grounds.

(f) Exemptions. Section 52.1003 does not apply to:

(1) law enforcement or public safety officials acting in the scope of their
employment; and

(2) employees, agents, or volunteers of the health care facility, place of
worship, or school or school district operating on school grounds
acting within the scope of their employment, agency, or volunteer
service.
(“Establishment of Buffer Zone at Entrances and Exits to Health Care Facilities,
Places of Worship, and School Grounds” added 6-11-2024 by O-21822 N.S.;
effective 7-11-2024.)

(a) Within a radius of 100 feet of a health care facility, place of worship, or school grounds, no person shall:

(1) make, or cause to be made, any disturbing, excessive, or offensive
noise which causes discomfort or annoyance to any reasonable person
of normal sensitivities; or

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(2) make, or cause to be made, any noise which unreasonably interferes
with the workings of a health care facility, place of worship, or school;
or

(3) use loud speaking amplifiers or similar devices in a manner that emits
a sound level exceeding 55 decibels any point ten feet or more from
the noise source.

(b) Section 52.1004 applies from one hour before until one hour after the posted
business hours of the health care facility, place of worship, or school.

(c) This prohibition does not apply when loud speaking amplifiers are operated
by law enforcement or public safety officials acting in the scope of their
employment.
(“Noise Limitations” added 6-11-2024 by O-21822 N.S.; effective 7-11-2024.)

Nothing in this Division shall prevent a health care facility, place of worship, or school or school district operating on school grounds from posting signage on property under its control stating the requirements of this Division. Posting signage is not required for this Division to be effective or enforceable. Signage shall comply with any other applicable requirements of this Municipal Code. (“Signage” added 6-11-2024 by O-21822 N.S.; effective 7-11-2024.)

(a) Any person who is aggrieved by an act prohibited by sections 52.1003 or 52.1004 may bring an action for damages, injunctive or declaratory relief, as appropriate, in a court of competent jurisdiction against any person who has violated or has conspired to violate its provisions. An aggrieved person includes any health care facility, place of worship, or school or school district operating on school grounds.

(b) Any aggrieved person who prevails in an action brought under
section 52.1006(a) shall be entitled to recover from the violator those actual
damages, costs, attorneys’ fees and such other relief as determined by the
court. In addition to all other damages, the court may award to the aggrieved
person a civil penalty of up to $2,500 for each violation.

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(c) The remedies provided by section 52.1006 are in addition to any other legal or
equitable remedies the aggrieved person may have and are not intended to be
exclusive.

(d) Any violation of section 52.1003(a) or (b) shall constitute a misdemeanor. A
first conviction for violation of section 52.1003(a) or (b), shall be punishable
by a fine of not more than $500 or by imprisonment in the County Jail for a
period of not more than three months, or by both fine and imprisonment. Each
subsequent conviction for violation of section 52.1003(a) or (b) shall be
punishable by a fine of not more than $1000 or by imprisonment in the
County Jail for a period of not more than six months, or by both fine and
imprisonment.

(e) A law enforcement official may order any group of two or more persons who
continue to violate this Division after a verbal warning to move to an area at
least 100 feet away from any entrance or exit to a health care facility, place of
worship, or school grounds. Section 52.1006(e) shall apply from one hour
before until one hour after the posted business hours of the health care
facility, place of worship, or school operating on school grounds.
(“Remedies” added 6-11-2024 by O-21822 N.S.; effective 7-11-2024.)

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Article 2: Police — Police Regulations — Offenses Against Government