San Diego Municipal Code Div. 1 General Provisions

(“General Provisions” added 1–28–1980 by O–15174 N.S.)

(a) Except as provided in section 54.0105(b) and (c), it is unlawful for any person to place, or allow to remain, any goods, wares, baggage, personal property or merchandise on any sidewalk or curb, between the outer edge of the sidewalk or curb and the property line.

(b) Section 54.0105(a) does not:

(1) prohibit any person from loading or unloading goods, wares, or
merchandise in front of the person’s place of business;

(2) prohibit any person from leaving any goods, wares or merchandise on
any sidewalk for the length of time necessary for loading or unloading
them;

(3) prohibit any person from loading or unloading attended baggage or
personal property into or from a means of transportation; or

(4) prohibit sidewalk vending authorized by Chapter 3, Article 6,
Division 1.

(c) Sidewalk sales may be permitted in a Special Event Venue pursuant to a
Special Event Permit issued under Chapter 2, Article 2, Division 40 of this
Code.
(Amended and retitled to “Sidewalk Sales and Displays Prohibited” 11–18–1997 by
O–18439 N.S.)
(Amended 5-23-2022 by O-21459 N.S.; effective 6-22-2022.)
(Amended 2-28-2024 by O-21775 N.S.; effective 3-29-2024.)

Ch. Art. Div.
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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (3-2024)

It is unlawful for any person to erect, place, allow to remain, construct, establish, plant, or maintain any vegetation or object on any public street, alley, sidewalk, highway, or other public property or public right-of-way, except as otherwise provided by this Code.

(Added 10-18-2007 by O-19670 N.S.; effective 11-17-2007)

That any person or persons, firm or corporation placing or causing to be placed any building material, cement, sand, gravel, dirt, or other substance, in any street or alley in the City of San Diego, California, shall place lighted lanterns at each end of the same, sufficient in number so that such material may be plainly visible to any person passing along said street or alley. Each lantern shall be two feet above the ground and so arranged as to be plainly visible to any person passing along the street or alley where said material may be deposited. Said lanterns shall be kept burning from half an hour before sunset to half an hour before sunrise of each day; and when so ordered by the Superintendent of streets, such person or persons, firm or corporation, shall erect and maintain around the portion of the street or alley so used a good and substantial barrier so long as such material remains on the said street or alley. (Amended by renumbering 3–31–1980 by O–15229 N.S. — formerly Sec. 54.16.)

Ch. Art. Div. 5 4 1 2

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (3-2024)

(a) Any person performing work in any public street, alley, sidewalk or other public place, or within five (5) feet of the property line of any street, alley, sidewalk or other public place, which interferes with or endangers the safe movement thereon of vehicular traffic or pedestrians, shall place and maintain barriers, flares, lighted lanterns and warning lights. Such flares, lanterns and warning lights shall be maintained at each end of the work and along the course of the work, not more than fifty (50) feet apart, from sunset of each day until sunrise of the following day until such work is entirely completed; and barriers shall be placed and maintained at each end of any excavation or obstruction at not more than 50 foot intervals along the course of the work at all times until such excavation is entirely refilled or such obstruction is removed. Any excavation or obstruction in an intersection shall be lighted and barricaded to provide the public a reasonably safe lane in which to travel. No unauthorized person shall remove or in any way tamper with any such barrier, lantern, light or other safety device. Such barriers, flares, lanterns and warning lights shall be in conformity with regulations in effect and adopted by the State Department of Public Works of the State of California pursuant to Section 465.7 of the Vehicle Code.

(b) Any person violating any provision of this Section shall be deemed guilty of a
misdemeanor.
(Amended by renumbering 3–31–1980 by O–15229 N.S. — formerly Sec. 54.17.)

That it shall be unlawful to throw, drop, cast, or distribute, any handbill, dodger, poster, circular, notice or other advertising matter from any aircraft while in flight over the City of San Diego. (Amended by renumbering 3–31–1980 by O–15229 N.S. — formerly Sec. 54.21.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (3-2024)

Merchandise or Services from Vehicles

(a) Purpose and Intent. The City Council hereby finds and declares that the
unrestricted sale or distribution or the offering for sale or distribution of
merchandise or services from vehicles within or upon public streets,
sidewalks and rights of way, public property, or in the vicinity of school
buildings, under certain circumstances, constitutes a danger to public safety
because of the likelihood of injury to pedestrians thereby exposed to hazards
from other vehicular traffic in the vicinity.

(b) Definitions.

(1) The terms vehicle, street, and highway are defined in Division 1 of the
California Vehicle Code.

(2) Public property shall mean any real property owned or controlled by
or leased or assigned to a governmental entity excluding such property
as had been leased out by that entity for nongovernmental purposes. It
shall also include unimproved streets and rights of way or similar
easements for public access and use over which the public entity has a
legal interest or right of control, other than a publicly maintained street
or highway.

(c) Prohibitions. No merchandise or services shall be sold or distributed or
offered for sale or distribution from a vehicle on a street or highway unless the
vehicle is first lawfully parked or stopped and then remains for no longer a
period of time than is necessary to complete the immediate sale. An operator
is considered to be engaged in an “immediate sale” when there are patrons
waiting in line for service.

Operators of such vehicles shall maintain a minimum clear space of ten feet
both in front of and behind the vehicle to allow for pedestrian safety and safe
sight distance for approaching motorists. No sales or distribution shall be
made when the designated minimum clear space of ten feet does not exist.

(d) [Reserved]

(e) No merchandise or services shall be sold or distributed or offered for sale or
distribution from a vehicle on private property without the express consent of
the owner or lessee of the property and except in conformity with health,
safety, zoning and land use regulations or permits pertaining to the site from
which the sale or distribution is conducted.

Ch. Art. Div. 5 4 1 4

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (3-2024)

(f) No merchandise or services shall be sold or distributed or offered for sale or
distribution from a vehicle in the public right-of-way within 500 feet from any
kindergarten-twelfth grade school, measured in a straight line to the nearest
point of the school measured in a straight line to the nearest point of the
school building, between 7:00 a.m. and 4:00 p.m. on regular school days,
except in a designated commercial loading zone.

(g) In addition to enforcing applicable federal, state and local laws, the City
intends to strictly enforce any violations of the California Penal Code
regarding the sale, distribution, or display of BB devices and Imitation
Firearms.

(h) Construction with other laws. Nothing in this section shall be deemed to
excuse compliance with any law or regulation pertaining to health, zoning,
public safety or land use under applicable state law or the municipal code,
including the issuance of any permits thereunder.
(“Prohibitions and Regulations applicable to the Sale or Distribution of Foods,
Beverages, Merchandise or Services from Vehicles and Mobile Food Units” added
7–25–1988 by O–17116 N.S.)
(Amended 1-2-2013 by O-20229 N.S.; effective 2-1-2013.)
(Amended 4-3-2014 by O-20357 N.S.; effective 10-15-2014.)
(Amended 2-28-2024 by O-21775 N.S.; effective 3-29-2024.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (7-2023)

Article 4: Public Hazards and Public Nuisances