San Diego Municipal Code Art. 6 Disorderly Conduct

(Retitled from “Disorderly Conduct, Places and Publications ‒ Gambling” to “Disorderly Conduct” on 3-25-2019 by O-21058 N.S.; effective 4-24-2019.)

Division 00

That it be, and it is hereby declared to be unlawful for any person within the limits of The City of San Diego, California, to exhibit or expose to view in any barred or barricaded house or room or in any place built or protected in a manner to make it difficult of access or ingress to police officers, when three or more persons are present, any cards, dice, dominoes, fan tan table or layout, or any part of such layout, or any gambling implements whatsoever; or for any person to visit or resort to any such barred or barricaded house or room or other place in the said City of San Diego, built or protected in a manner to make it difficult of access or ingress of police officers, where any cards, dice, dominoes, fan tan table or layout or any part of such layout, or any gambling implements whatsoever are exhibited or exposed to view when three or more persons are present. (Incorp. 1–22–1952 by O–5046 N.S.)

No person shall knowingly become a visitor at any place where illegal gambling is in progress. (Amended 5–17–1966 by O–9427 N.S.)

— Exceptions

That it be, and it is hereby declared to be unlawful for any person to play or bet at or
against any game, not mentioned in Section 330 of the Penal Code of the State of
California, which is played, conducted, dealt or carried on with dice, dominoes or
checkers for money, checks, chips, credit or any other representative of money or any
other valuable consideration, including, but not limited to, liquor, cigars, cigarettes,
and/or tobacco.
(Incorp. 1–22–1952 by O–5046 N.S.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

That it be, and it is hereby declared to be unlawful for any person, through invitation or device, to solicit another person to visit any place for the purpose of gambling. (Incorp. 1–22–1952 by O–5046 N.S.)

That it shall be unlawful for any person, firm or corporation to keep, lease, exhibit, rent, possess or offer for display any punchboard or similar gambling device in The City of San Diego.

It is the object and purpose of this Section to declare unlawful any punchboard,
whether the design and purpose thereof contemplates its use singly or in connection
with or as part of another game, art or skill or combination of games, arts and skills,
when such punchboard is designed, used or understood or intended to be used as a
lottery or gambling device.
(Incorp. 1–22–1952 by O–5046 N.S.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

No person shall have in his possession any lottery ticket or have, keep or store upon any premises in his possession or under his control any lottery ticket. (Incorp. 1–22–1952 by O–5046 N.S.)

No person shall have in his possession any lottery device. (Incorp. 1–22–1952 by O–5046 N.S.)

No person shall have in his possession any book, tablet, ledger, account, bill, paper, memorandum, list or record used or understood or intended to be used or to represent any record whatsoever of any lottery, lottery company, lottery ticket, device or drawing had or to be had. (Incorp. 1–22–1952 by O–5046 N.S.)

No person shall make, manufacture, print, engrave, stamp, paint or write, either in whole or in part, any lottery ticket. (Incorp. 1–22–1952 by O–5046 N.S.)

No person shall give, publish, disseminate or impart any knowledge or information regarding the alleged result or outcome of any lottery or lottery drawing. (Incorp. 1–22–1952 by O–5046 N.S.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

Upon a trial for the violations of any of the provisions of Section 56.09 to 56.13 inclusive, it shall not be necessary to prove the existence of any lottery or lottery company in, for, or by which any lottery ticket is intended to be issued or used or purported to be or to have been issued or used; nor to prove the existence of any lottery or lottery company, actual or pretended, in, for or by which any book, tablet, ledger, account, bill, paper, memorandum, list, record, device or other object is or has been made, kept, issued, printed, written, marked, stamped, set up or drawn; but in all such cases proof that such articles enumerated herein are used or intended to be used or where or have been used or are purported or understood to belong to or be a part of or relate to any lottery, lottery company, lottery ticket or lottery drawing, is sufficient; provided, that no provision in the foregoing Sections shall be construed to apply to any peace officer in the course of his official duties or to any other person employed by the said City of San Diego in the course of the duties of his employment. (Incorp. 1–22–1952 by O–5046 N.S.)

Any machine, contrivance, appliance, device, game, ticket, chance, share, interest, instrument, punchboard or article operated, used, kept, possessed, placed or maintained in violation of the provisions of:

(a) Section 330a of the Penal Code of the State of California;

(b) Any Section enumerated in Part 1, Title 9, Chapter IX of the Penal Code of
the State of California;

(c) Sections 56.09 to 56.13, inclusive, is hereby declared to be a nuisance and
shall be subject to abatement as hereinafter provided.

When any person has been convicted or pleaded guilty to any violation of any law of
this City or of any law of this state which offense involves the operation, use,
maintenance or possession of any article declared by this Section to be a nuisance,
then such article shall be destroyed by the Chief of Police after the plea or after the
judgment of conviction has become final.

If any article subject to destruction, as hereinabove provided, is in the custody of any
court within this City, the Chief of Police shall cause an application to be made to the
judge of said court for an order releasing such article to him in order that he may
comply with this Section.
(Incorp. 1–22–1952 by O–5046 N.S.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

It is hereby declared to be unlawful for any person in The City of San Diego to visit or become a visitor at any office, house, room, tenement or other place where any lottery is conducted, contrived, prepared, set up or drawn, or to visit or become a visitor at any office, house, room, tenement or other place where the sale or transfer of lottery tickets is conducted or carried on or to visit or to become a visitor at any place where the sale or transfer of any share, chance or interest in or depending upon the event of any lottery or any paper, certificate or instrument purporting or understood to be or to represent any ticket, chance, share or interest in or depending upon the event of any lottery is conducted or carried on. (Incorp. 1–22–1952 by O–5046 N.S.)

It shall be unlawful for any person to engage in the business of disseminating predictions of the result of any sporting event by means of the mail in response to telephone solicitations, telephone and telegraph.

For the purpose of assisting in the interpretation and enforcement of the language of this section only, the following words are defined:

ENGAGED IN BUSINESS is defined as owning, conducting, operating, managing, or carrying on a business, the primary purpose of which is to sell subscriptions to the public for information as to the probable results of future sporting events, whether such information is referred to as news, selections or tips on sporting events of any kind.

SPORTING EVENT shall specifically include but not be limited to contests or exhibitions of baseball, football, basketball, boxing, wrestling, Jai Alai, horse racing, and dog racing. (“Tipsters — Business Prohibited” added 7–15–1954 by O–6199 N.S.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

That it shall be unlawful for any person or persons to mark, mar or daub windows with paraffin, soap, beeswax or other substance, in The City of San Diego. (Incorp. 1–22–1952 by O–5046 N.S.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

That it shall be unlawful for any person or persons in or upon any public street, sidewalk, alley, or other public place in The City of San Diego, to make any loud or unusual noise, or to speak in a loud or unusual tone, or to cry out and proclaim, or to use any threatening, profane or vulgar language for the purpose of inducing or influencing any person:

(a) To refrain from or discontinue entering or leaving any works, factory, shop,
store, hotel, restaurant, public conveyance, or any other place where business
is transacted, conducted or carried on, or where any person is employed, or,

(b) To refrain from or discontinue using any goods, wares, or merchandise, or
patronizing the business of any person, firm, or corporation, or,

(c) To refrain from or discontinue the services of employment of any person, firm
or corporation, whether such services be personal, professional, or otherwise, or,

(d) To refrain from or discontinue performing any service, employment, or labor
in any works, factory, shop, store, hotel, restaurant, public conveyance, or any
other place where business is transacted, conducted or carried on or where any
person is employed; or, for the purpose of intimidating, threatening, or
coercing any person who is performing or seeking employment or labor in any
works, factory, shop, store, hotel, restaurant, public conveyance, or any other
place where business is transacted, conducted or carried on, or where any
person is employed.
(Incorp. 1–22–1952 by O–5046 N.S.)

That it shall be unlawful for any person or persons in or upon any public street, sidewalk, alley, or other public place in The City of San Diego, to picket, act as a picket, or assist or engage in any act of picketing for the purpose of intimidating, threatening and coercing any person, or in such manner, or in such numbers, as to intimidate, threaten or coerce any person; or to place, carry, show or display any banner, badge, sign or other signal in front of or in the vicinity of, any works, factory, shop, store, hotel, restaurant, public conveyance, or any other place where business is transacted, conducted or carried on, for the purpose of intimidating, threatening and coercing any person, or in such a manner, or in such numbers as to intimidate, threaten and coerce any person;

(a) To refrain from entering or leaving such place, or,

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

(b) To refrain from or discontinue purchasing or using any goods, wares, or
merchandise, or other articles manufactured, prepared, sold or kept for sale in
such place, or,

(c) To refrain from or discontinue visiting, entering or leaving any place where
professional or other services are to be had or engaged, or,

(d) To refrain from or discontinue performing any service, work, or labor in any
such place;

(e) To refrain from performing, engaging to perform, or seeking service, work or
labor in such place.
(Incorp. 1–22–1952 by O–5046 N.S.)

That it shall be unlawful for any person or persons in or upon any public street, sidewalk, alley, or other public place in The City of San Diego to picket, act as a picket, or assist or engage in any act of picketing, or to place, carry, show or display any banner, badge, sign or other signal in front of or in the vicinity of any works, factory, shop, store, hotel, restaurant, public conveyance, or any other place where business is transacted, conducted or carried on, in a manner calculated or intended to cause or incite a public disturbance, or a breach of the peace, or in a manner the natural and reasonable tendency of which may cause or incite public disturbance or a breach of the peace. (Incorp. 1–22–1952 by O–5046 N.S.)

(a) Purpose And Intent. The presence of persons who are nude and exposed to public view in or on public rights of way, public parks, public beaches or any other public land, or in or on any private property open to public view from any public right of way, public beach, public park, or other public land, is offensive to members of the general public unwillingly exposed to such persons. The provisions of this section are enacted for the purpose of securing and promoting the public health, morals and general welfare of all persons in the City of San Diego.

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

(b) Definitions. Whenever in this section the word “nude” is used, it shall mean
devoid of an opaque covering which covers the genitals, pubic hair, buttocks,
perineum, anus or anal region of any person, or any portion of the breast at or
below the areola thereof of any female person.
Whenever in this section the term “public right of way” is used, it shall mean
any place of any nature which is dedicated to use by the public for pedestrian
and vehicular travel, and includes, but is not limited to, a street, sidewalk,
curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court,
way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge,
thoroughfare, square, and any other similar public way.

(c) Nudity Prohibited. No person over the age of ten years shall be nude and
exposed to public view in or on any public right of way, public park, public
beach or waters adjacent thereto, or other public land, or in or on any private
property open to public view from any public right of way, public beach,
public park, or other public land.

(d) The provisions of this section shall not apply to live theatrical performances
performed in a theater, concert hall, or other similar establishment located on
public land. As used in this section, theater, concert hall or similar
establishment means a building, playhouse, room, hall or other enclosed place
not open to public view from any public right of way but having a stage upon
which movable scenery is located and theatrical, vaudeville or similar
performances are given and seats so arranged that a body of spectators can
have an unobstructed view of the stage and whose primary function is to give
such performances.
(Amended 11–19–1979 by O–15083 N.S.)

(a) Definitions. For purposes of sections 56.54, 56.55, and 56.56, the following terms are defined as follows:

“Alcoholic beverage” has the same meaning as that set forth in California
Business and Professions Code section 23004.

“Bather” has the same meaning as that set forth in California Harbor and
Navigation Code section 651.1.

“Beach” means the sand or land area bordering the water of an ocean or bay.

“Marine league” means three nautical miles.

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

“Public park” means any property designated, dedicated or developed by or
on behalf of the City of San Diego for park or open space use.

“Seawall” means any wall between the beach and the boardwalk.

“Sidewalk cafe” has the same meaning as that set forth in San Diego
Municipal Code section 141.0621.

“Vessel” has the same meaning as set forth in California Harbor and
Navigation Code section 651(aa).

(b) Unless the City Manager or designee has issued a special event permit, or
unless otherwise permitted by section 56.54, it is unlawful for any person to
consume any alcoholic beverage at any time, upon any public property, not
including public parks and beaches except as specifically listed in Appendix
56.54A, and public rights-of-way, including but not limited to public streets,
parking lots, sidewalks, alleys, plazas, piers, including on or against seawalls,
and including all sidewalks along the outer perimeters of such areas.

(c) 12 Hour Ban
It is unlawful to consume alcohol in the areas listed in Appendix 56.54B
between 8:00 p.m. and 8:00 a.m., unless the City Manager or designee has
issued a special event permit or unless otherwise permitted by Section 56.54.

(d) 16 Hour Ban
It is unlawful to consume alcohol in the areas listed in Appendix 56.54C
between 8:00 p.m. and Noon, unless the City Manager or designee has issued
a special event permit or unless otherwise permitted by Section 56.54.

(e) Section 56.54 does not prohibit:

(1) any person from consuming alcoholic beverages within the defined boundaries of a sidewalk cafe located on the public right-of-way, or on property leased from the City.

(2) any business from lawfully selling or dispensing alcoholic beverages
in accordance with the requirements of local and state law.

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

(f) Notwithstanding any other provision of section 56.54 and its appendices, and
except as provided in section 56.54(g), it is unlawful for any person to
consume any alcoholic beverage at any time, upon all public beaches,
including any sidewalks, boardwalks, alleys, plazas, piers, jetties, on or
against seawalls, upon public rights-of-way at any beach or coastal bluff, and
all coastal access, view point and bluff rights-of-way, and including the
adjacent coastal public parks and areas listed below:

Calumet Park
Charlotte Park
Hermosa Park
Hermosa Terrace Park

Kellogg Park, including the boardwalk, seawall and La Jolla Shores Beach
La Strand Park
Marine Street Beach, including the beach, bluffs, stairs, and adjacent public
rights of way between the northern property line of 274 Coast Boulevard and
the westerly extension of the northern side of Westbourne Street
Mission Bay Park, including all land areas of Mission Bay Park, including
Bayside Walk, Ocean Beach Athletic Area (Robb Field) and Dusty Rhodes
Park, including the parking lots, Santa Clara Point, Bob McEvoy Youth Fields
(Mission Bay/Pacific Beach Youth Fields), Fiesta Island, Famosa Slough and
Channel, and Fanuel Street Park
Mission Beach Park, including the Belmont Park public areas and parking
lots, including the boardwalk, seawall, and the beach
Nicholson’s Point Park
Ocean Beach Park, including the boardwalk, seawall, jetty, and the beach
Ocean Boulevard Park (Pacific Beach Park), including the boardwalk,
seawall, and the beach
Palisades Park North (undeveloped)
Palisades Park South (Law Street)
Scripps Park
South Mission Beach Park, including the boardwalk, seawall, and the beach
Sunset Cliffs Natural Park
Torrey Pines City Park

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Tourmaline Surfing Park
Windansea Park
All parking lots in Mission Bay Park

All parking lots on the Pacific Ocean between the southern boundary of
Sunset Cliffs Park and the southern boundary of Torrey Pines State Park

The Peninsula of land known as “The Clam,” including all public areas
accessible to pedestrians west of Coast Walk and the La Jolla sea caves, and
north of the public parking lots adjacent to 1325 Coast Boulevard

Crystal Pier and Ocean Beach Pier

(g) Section 56.54(f) shall not apply:

(1) to Mission Bay Golf Course and Torrey Pines Golf Course;

(2) to locations for which the City Manager or designee has issued a
special event permit;

(3) if otherwise permitted under the terms of a lease agreement with the
City of San Diego; and

(4) if otherwise permitted by section 56.54(e).

(h) Notwithstanding any other provision of section 56.54 and its appendices, and
except as provided in section 56.54(g), it is unlawful for any bather to
consume any alcoholic beverage within one marine league of any beach.
However, subsection (h) shall not be construed to regulate the consumption of
alcoholic beverages on any vessel.

(Amended 9-8-1998 by O-18582 N.S.)
(Amended 6-21-2004 by O-19290 N.S.)
(Amended 11-8-2004 by O-19323 N.S.)
(Amended 12-5-2007 by O-19690 N.S.; effective 1-14-2008)
(Amended 7-15-2008 by O-19779 N.S.; effective 1-15-2009)
(Amended 7-26-2010 by Emergency Ordinance O-19977 N.S.; effective 7-26-2010;
replaced 9-14-2010 by O-19989 N.S.; effective 10-14-2010.)

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APPENDIX 56.54A 24 HOUR BAN

Adams Community Park Adams Elementary School/Park Alcott Elementary School/Park Allen, Dennis V., Neighborhood Park Azalea Community Park

Balboa Park areas not included in Section 56.54(d) [Appendix 56.54C]
Bay Terraces Neighborhood Park
Bay Terraces Junior High School/Park
Berry Neighborhood Park

Birdland Neighborhood Park (Fletcher Elementary School/Park)
Bird Rock Elementary School/Park
Birney Elementary School/Park
Black Mountain Middle School/Park
Boone Neighborhood Park

Cabrillo Elementary School/Park
Cabrillo Mini-Park North
Cabrillo Mini-Park South
Cabrillo Recreation Center
Cadman Community Park
Cadman Elementary School/Park
Calumet Park

Cedar Ridge Mini-Park
Central Avenue Mini-Park
Central Mini-Park
Cesar Solis Community Park
Charles Lewis III Memorial Park
Charlotte Park
Chicano Neighborhood Park
Children’s Park
Chollas Canyon Park
Chollas Lake Community Park

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

City Heights Community Park Clay Avenue Mini-Park Clay Elementary School/Park Clay Neighborhood Park Cliffridge Athletic Area Colina del Sol Community Park Coral Gate Neighborhood Park Cortez Hill Park

Dailard Elementary School/Park Dana Center Doyle Community Park

East San Diego Adult Recreation Club Edison Elementary School/Park Emerald Hills Neighborhood Park Encanto Community Park

Famosa Slough and Channel Fanuel Street Park Fault Line Park Field Elementary School/Park Forward Elementary School/Park Franklin Elementary School/Park

Gaslamp Square Park Golden Hill Community Park Gompers Neighborhood Park Grant Elementary School/Park Grant Hill Neighborhood Park

Hardy Elementary School/Park Henderson, Willie, Athletic Area Hermosa Park Hermosa Terrace Park Hollywood Neighborhood Park Hoover Senior High School/Park Horton Plaza Park Hourglass Community Park Howard Lane Neighborhood Park

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

“J” Street Mini- Park

Jerabek Neighborhood Park Juarez Elementary School/Park

Keiller Neighborhood Park Kellogg Park Kelly Neighborhood Park Kennedy, John F., Elementary School/Park Kennedy Neighborhood Park Kensington Neighborhood Park King, Martin Luther Community Park King, Martin Luther, Elementary School/Park

“L” Street Mini-Park (at 28th Street) La Jolla Athletic Area (Allen Field) La Jolla Community Park La Jolla Elementary School/Park La Jolla Senior High School/Park La Mirada School/Park La Paz Mini- Park (undeveloped)

La Strand Park
Laureate Park
Laurel Street Mini-Park
Lewis Middle School/Park
Linda Vista Community Park
Lindberg Neighborhood Park
Lomita Neighborhood Park

Macdowell Neighborhood Park
Marian Bear Memorial Park

Memorial Community Park
Mesa Verde Neighborhood Park
Mesa Viking Neighborhood Park
Mid-City Athletic Area
Mira Mesa Senior High School/Park

Mission Beach Park, including the Belmont Park public areas and parking lots

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

Mission Heights Neighborhood Park Mission Trails Regional Park Montclair Neighborhood Park Montezuma Neighborhood Park Montgomery-Waller Community Park Mount Etna Neighborhood Park Mountain View Community Park

Nestor Neighborhood Park Nicholson’s Point Park North Clairemont Community Park North Mountain View Mini-Park North Park Community Park

Oak Neighborhood Park Ocean Beach Elementary School/Park Ocean Beach Park Ocean Boulevard Park (Pacific Beach Park) Ocean View Hills Neighborhood Park Ocean View Hills School/Park Old Trolley Barn Neighborhood Park

Pacific Beach Community Park Pacific Beach Middle School/Park Bob McEvoy Youth Fields (Mission Bay/Pacific Beach Youth Field)

Palisades Park North (undeveloped) Palisades Park South (Law Street) Palm Ridge Neighborhood Park Pantoja Park Paradise Hills Community Park

Park de la Cruz Parkside Neighborhood Park Penn Elementary School/Park (Athletic Area) Plumosa Neighborhood Park Point Loma Community Park Portola Middle School/Park Presidio Community Park

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

Rolando Mini-Park Rose Canyon Park

San Diego School of Creative and Performing Arts Santa Clara Point Santa Isabel Mini-Park San Ysidro Athletic Area (Larsen Field) San Ysidro Col. Irving Solomon Center San Ysidro Community Park

Scripps Park Serra Senior High School/Park Sessions, Kate O. Memorial Park Sherman Elementary School/Park Sherman Mini-Park Silverwing Neighborhood Park Skyline Community Park Skyview Neighborhood Park

South Bay Community Park (South) Clairemont Community Park South Mission Beach Park Southcrest Community Park Spreckels Elementary School/Park Standley Junior High School/Park Sunny Slope Neighborhood Park Sunset Cliffs Natural Park

Taylor Library Park
Tecolote Canyon Natural Park
Tierrasanta Elementary School/Park
Torrey Pines City Park
Tourmaline Surfing Park

Union Place Circle Park
University Heights Open Space Park (the portions depicted in map 56.54A-A)

Valencia Elementary School/Park
Villa del Norte Mini-Park
Virgie Hazel McCain and William Henry Carter Mini-Park
Vista Pacifica Neighborhood Park
Vista Terrace Neighborhood Park

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

Wabash Mini-Park Walker Neighborhood Park Ward Canyon Park Washington Elementary School/Park Western Hills Neighborhood Park Widman, Marie, Memorial Neighborhood Park (Little Encanto Park) Wilson Middle School/Park Windansea Park

30th Street Mini-Park 32nd Street Mini-Park (north of Redwood) 41st Street Mini-Park All parking lots in Mission Bay Park

All parking lots on the Pacific Ocean between the southern boundary of Sunset Cliffs Natural Park and the southern boundary of Torrey Pines State Park

The Peninsula of land known as “The Clam” including all areas west of Coast Walk and the La Jolla sea caves, and north of the public parking lots adjacent to 1325 Coast Boulevard which are accessible to pedestrians.

Crystal Pier and Ocean Beach Pier

(Amended 12-5-2007 by O-19690 N.S.; effective 1-14-2008) (Amended 7-31-2009 by O-19892 N.S; effective 8-30-2009.) (Amended 6-21-2010 by O-19962 N.S.; effective 7-21-2010.) (Amended 12-7-2010 by Emergency Ordinance O-20012 N.S.; effective 12-7-2010; replaced 1-18-2011 by O-20016 N.S.; effective 2-17-2011.) (Amended 7-15-2015 by O-20538 N.S.; effective 8-14-2015.) (Amended 8-25-2015 by O-20559 N.S.; effective 9-24-15.) (Amended 7-19-2016 by O-20679 N.S.; effective 8-18-2016.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

Map 56.54A-A
University Heights Open Space Park

(Added 7-19-2016 by O-20679 N.S.; effective 8-18-2016.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

APPENDIX 56.54B 12 HOUR BAN – 8:00 P.M. – 8:00 A.M.

Cabrillo Heights Neighborhood Park Carmel Creek Neighborhood Park Carmel Del Mar Neighborhood Park Cleator, Bill, Neighborhood Park Collier Neighborhood Park

East Clairemont Athletic Area

Gershwin Neighborhood Park

Lake Murray Community Park

Mount Acadia Neighborhood Park Murray Ridge Neighborhood Park

Ocean Beach Community Park Olive Grove Community Park

Pioneer Park (Mission Hills) Presidio Park

Rancho Bernardo Community Park

San Carlos Community Park Serra Mesa Community Park Solana Highland Neighborhood Park

Tecolote Community Park’

(Amended 12-5-2007 by O-19690 N.S.; effective 1-14-2008) (Amended 6-21-2010 by O-19962 N.S.; effective 7-21-2010.) (Amended 12-7-2010 by Emergency Ordinance O-20012 N.S.; effective 12-7-2010; replaced 1-18-2011 by O-20016 N.S.; effective 2-17-2011.) (Amended 8-25-2015 by O-20559 N.S.; effective 9-24-15.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

APPENDIX 56.54C
16 HOUR BAN – 8:00 P.M. – NOON

Within Balboa Park, the following nine designated lawn areas only, as depicted in Map
56.54C-A, excluding all sidewalks and hard surfaces:

Botanical Building East Lawn
Botanical Building West Lawn
Federal Building Lawn
House of Pacific Relations Lawn
International Lawn
Mall Lawn
Moreton Bay Fig Lawn
Pan American Plaza Lawn
Recital Hall Lawn

(Amended 12-5-2007 by O-19690 N.S.; effective 1-14-2008.)
(Amended 6-21-2010 by O-19962 N.S.; effective 7-21-2010.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

Map 56.54C-A Balboa Park Designated Lawn Areas

(Added 6-21-2010 by O-19962 N.S.; effective 7-21-2010.)

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San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (4-2025)

No person shall urinate or defecate in or upon any street, sidewalk, alley, plaza, park, beach, public building or publicly maintained facility, or in any place open to the public or exposed to public view. This section shall not apply to urination or defecation which is done in any restroom or other facility designed for the sanitary disposal of human waste. (Incorp. 1–22–1952 by O–5046 N.S.) (Amended 6-21-2004 by O-19290.N.S.)

(a) Any person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, and who enters, is on, or remains on the posted premises of, any retail package off–sale alcoholic beverage licensee licensed pursuant to Division 9 of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed premises is guilty of an infraction.

(b) All retail package off–sale alcoholic beverage licensees licensed pursuant to
Division 9 of the Business and Professions Code to operate in the City of San
Diego shall post such licensed premises with notices clearly visible to patrons
of the licensee and parking lot and to persons on the public sidewalk that the
provisions of subdivision (a) are applicable. Such notices shall include
language that states that possession of any opened alcoholic beverage
container is prohibited by law. Any licensee who does not so post the licensed
premises is guilty of an infraction.

(c) As used in this section “posted premises” means those premises which are
subject to licensure under any retail off–sale alcoholic beverage license, the
parking lot immediately adjacent to the licensed premises and any public
sidewalk immediately adjacent to the licensed premises which are posted with
notices pursuant to subdivision (b).

(d) As used in this section “parking lot immediately adjacent to the licensed
premises” means any parking lot except those described in subdivision (e)
which is contiguous to the licensed premises and any parking lot under the
control of or operated in conjunction with the licensed premises.

(e) The provisions of this section do not apply to any private residential parking
lot immediately adjacent to the posted premises.

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(f) The subsections of this section are severable. The invalidity of a subsection
shall not affect the validity of the remaining subsections.
(“Open Alcoholic Beverage Containers Prohibited on Posted Premises” added
9-26-1983 by O–16046 N.S.)
(Amended 6-21-2004 by O-19290 N.S.)

For purposes of sections 56.61 through 56.64, defined terms appear in italics. The following definitions apply to sections 56.61 through 56.64:

Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

Alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one (1) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

Controlled substance means any drug or substance scheduled in the federal Controlled Substances Act and related regulations, as may be amended from time to time; the California Uniform Controlled Substances Act, as may be amended from time to time; or any drug or substance prohibited by Chapter 5, Article 2, Division 33 of this Code.

Gathering is a party, gathering, or event, where a group of three or more persons have assembled or are assembling for a social occasion or social activity.

Legal Guardian means (1) a person who, by court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court.

Marijuana has the same meaning as “cannabis” in California Health and Safety Code section 11018.

Marijuana product has the same meaning as “cannabis product” in California Health and Safety Code section 11018.1.

Minor means any person under twenty-one years of age.

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Parent means a person who is a natural parent, adoptive parent, foster parent, or stepparent of another person.

Premises means any residence or other private property, place, or premises, including any commercial or business premises.

Response costs are the costs associated with responses by law enforcement, fire, and other emergency response providers to a gathering, including but not limited to: (1) salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with a gathering, and the administrative costs attributable to such response(s); (2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of a gathering; (3) the cost of repairing any City equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of a gathering; and (4) any other allowable costs related to the enforcement of Sections 56.61 and 56.62. (“Definitions” added 5-6-2003 by O-19172 N.S.) (Amended 4-26-2006 by O-19482 N.S.; effective 5-26-2006.) (Amended 3-25-2019 by O-21058 N.S.; effective 4-24-2019.)

Substances by Minor Prohibited (a) Except as permitted by state law, and subject to subsection (b), it is unlawful for any minor to:

(1) consume at any public place or any place open to the public any
alcoholic beverage, marijuana, marijuana product, or other controlled
substance;

(2) consume at any place not open to the public any alcoholic beverage,
unless the minor’s consumption of the alcoholic beverage occurs
exclusively between the minor and his or her parent or legal guardian,
as permitted by Article I, Section 4, of the California Constitution;

(3) consume at any place not open to the public any marijuana, marijuana
product, or other controlled substance.

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(b) Section 56.61 does not apply to the consumption of a controlled substance as
prescribed to the minor by a licensed medical practitioner authorized to issue
the prescription.
(“Consumption of Alcohol by Minor Prohibited in Public Place, Place Open to
Public, or Place Not Open to Public” added 5-6-2003 by O-19172 N.S.)
(Retitled to “Consumption of Alcohol, Marijuana, Marijuana Products, or Controlled
Substances by Minor Prohibited” and amended 3-25-2019 by O-21058 N.S.; effective
4-24-2019.)

Beverages, Marijuana, Marijuana Products, or Controlled Substances Prohibited

(a) It is the duty of any person having control of any premises, who knowingly
hosts, permits, or allows a gathering at the premises, to take all reasonable
steps to prevent the consumption of alcoholic beverages, marijuana,
marijuana products, or other controlled substances by any minor at the
gathering, except as legally prescribed. Reasonable steps are controlling
access to alcoholic beverages, marijuana, and marijuana products at the
gathering; prohibiting controlled substances at the gathering, except as
legally prescribed; verifying the age of persons attending the gathering by
inspecting drivers licenses or other government-issued identification cards to
ensure that minors do not consume alcoholic beverages, marijuana, or
marijuana products while at the gathering; and supervising the activities of
minors at the gathering.

(b) It is unlawful for any person having control of any premises to knowingly
host, permit, or allow a gathering to take place at the premises where at least
one minor consumes an alcoholic beverage, marijuana, marijuana product, or
other controlled substance, whenever the person either knows a minor has
consumed an alcoholic beverage, marijuana, marijuana product, or other
controlled substance or reasonably should have known that a minor consumed
an alcoholic beverage, marijuana, marijuana product, or other controlled
substance had the person taken all reasonable steps set forth in subsection (a)
of this Section.

(c) This Section shall not apply to conduct involving the use of alcoholic
beverages that occurs exclusively between a minor and his or her parent or
legal guardian, as permitted by Article I, Section 4, of the California
Constitution.

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(d) This Section shall not apply to any California Department of Alcoholic Beverage Control licensee at any premises regulated by the Department of Alcoholic Beverage Control. (“Hosting, Allowing a Party, Gathering, or Event Where Minors Consuming Alcoholic Beverages Prohibited” added 5-6-2003 by O-19172 N.S.) (Amended 4-26-2006 by O-19482 N.S.; effective 5-26-2006) (Retitled to “Hosting, Permitting, or Allowing a Gathering Where Minors Consume Alcoholic Beverages, Marijuana, Marijuana Products, or Controlled Substances Prohibited” and amended 3-25-2019 by O-21058 N.S.; effective 4-24-2019.)

Criminal violations of Sections 56.61 and 56.62 shall be punishable, on a first offense, by a mandatory minimum fine of $100.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended, and, on second and subsequent offenses, by a fine of $200.00, plus statutory penalty assessments, with neither fine nor assessments stayed or suspended. (“Reservation of Legal Options” added 5-6-2003 by O-19172 N.S.) Amended 4-26-2006 by O-19482 N.S.; effective 5-26-2006)

Violations of Sections 56.61 and 56.62 may be prosecuted by the City of San Diego, in the name of the People of the State of California, criminally, civilly, and/or administratively as provided by the Municipal Code. The City of San Diego may seek administrative fees and response costs associated with enforcement of Sections 56.61 and 56.62, through all remedies or procedures provided by statute, ordinance, or law. Sections 56.61 and 56.62 shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by Sections 56.61 and 56.62, nor shall they limit the City of San Diego’s or the People of the State of California’s ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of Sections 56.61 and 56.62. (Added 4-26-2006 by O-19482 N.S.; effective 5-26-2006)

Sections 56.60, 56.61, 56.62, 56.63, and 56.64 shall not apply where prohibited or preempted by state or federal law. (Added 4-26-2006 by O-19482 N.S.; effective 5-26-2006)

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ARTICLE 7

Division 00: Soliciting — Begging — Charitable Solicitations (“Soliciting—Begging—Charitable Solicitations” added 10-28-1947 by O-3562 N.S.;)

Restaurants, Etc. — Prohibited

It shall be unlawful for any person to solicit patronage for or on behalf of any person,

firm or corporation engaged in the business of transporting or transferring, persons or property or baggage, or to solicit patronage for or on behalf of any hotel, lodging house, apartment house, cafe, restaurant or boarding house, in or upon any railroad train or car within the limits of The City of San Diego without the written consent of the owner of such railroad train or car. (Incorp. 1–22–1952 by O–5046 N.S.)

— Exceptions

It shall be unlawful for any person, in The City of San Diego, California, whether as
principal, servant, employee or agent, for hire or otherwise, or as an officer of a
corporation, or otherwise, to engage in the occupation of a runner, agent or solicitor
for any hotel, boarding house, or any lodging house, or any place where board or
lodging is furnished, or to solicit from any person patronage for any hotel, boarding
house or lodging house, or any place where board or lodging is furnished. Provided
that nothing herein contained shall apply to publishing, distributing and circulating
within The City of San Diego under the direction of the publisher or publishers, their
servants and agents, regularly published newspapers, magazines and periodicals
notwithstanding said papers, magazines and periodicals may contain advertising
matter relating to hotels, boarding houses, lodging houses and other places where
board or lodging is furnished.
(Incorp. 1–22–1952 by O–5046 N.S.)

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and Places Open to The Public Prohibited — Exceptions:

(a) It is the purpose and intent of this ordinance to prohibit the unauthorized sale
or resale for profit of admission tickets to places of public amusement or
entertainment including, but not limited to, stadiums, auditoriums, theatres
and arenas.

(b) No person shall sell or resell for profit or offer to sell or resell for profit any
ticket of admission to a place of public assemblage in or upon any public
street, sidewalk, park or other public place, or in or upon any place which is
open to the public, except as otherwise provided herein.

(c) The provisions of paragraph 2 of this section shall not include or apply to the
sale of such tickets at or from any ticket office, booth or other similar place
regularly and permanently established and maintained therefore with the
express permission and authorization of the person or governmental agency in
charge, care or control of the property where such office, booth or place is
located.

(d) For purposes of this section the following words and phrases are defined as
follows:

(1) “Place of Public Assemblage” shall mean every place of public
amusement or entertainment, stadium, auditorium, theatre, athletic
field, concert hall or arena which is open to the public upon
compliance with requirements for admission thereto.

(2) “Place Open to the Public” shall mean every place of public
amusement or entertainment, stadium, auditorium, theatre, athletic
field, concert hall or arena and the property upon which such place is
located or any other property contiguous thereto which is under the
same care, management or control.
(“Selling of Tickets of Admission to Places of Public Assemblage in Public Places
and Places Open to The Public Prohibited — Exceptions” added 10–13–1970 by
O-10430 N.S.)

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It is hereby declared to be unlawful for any person to sell, give away or distribute any newspaper, handbill, periodical or other printed matter, or any article of merchandise, in or upon any roadway in The City of San Diego, as said roadway is defined by the Vehicle Code of the State of California.

Nothing in this Section shall be deemed to apply to any person otherwise licensed or regulated by any of the laws of The City of San Diego. (Incorp. 1–22–1952 by O–5046 N.S., contained in O–897 N.S. adopted 5–6–1936.)

For the purpose of this section and section 57.17, the term “handbill” means any handbill, dodger, commercial advertising circular, folder, booklet, letter, card, pamphlet, sheet, poster, sticker, banner, notice, or other written, printed or painted matter calculated to attract the attention of the public and containing commercial advertising matter.

(a) No person shall deposit, cast, throw, attach or distribute any handbill, as
hereinabove defined, on, in, or upon any street or sidewalk, any motor vehicle
parked or in motion upon any street in The City of San Diego, or on any other
public place.

(b) This section shall not be deemed or construed to prohibit or restrict the
distribution of written or printed matter devoted to the expression of views,
opinions, beliefs or contentions relating to religious, political or sociological
subjects, or to public or civic affairs, or to labor disputes or other
controversies, or to community, state, regional, national or international
affairs, or which treat of any social or economic order, or which relate to the
arts or sciences; or which are aimed to redress any grievance, or which
otherwise are not distributed for the purpose of soliciting business, trade or
custom; nor shall the terms of subsection (a) be deemed to include the printed
notice of an event which is not arranged for profit or to stimulate the business,
trade, or traffic of the person who causes the dissemination of the notice, even
though a monetary admission fee be requested or accepted in connection with
such event.
(Amended 5–2–1994 by O–18068 N.S.)

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(a) It is unlawful for any person to throw into, leave upon or scatter onto the property of any hotel, motel or inn, any handbill solely for purpose of proposing a commercial transaction, unless such material clearly indicates the name, address and telephone number of the entity being advertised.

(b) The owner or agent of any hotel, motel or inn may withdraw consent for the
distribution of any handbill proposing a commercial transaction, by writing
directly to the name and address listed on the material, stating clearly that
consent is withdrawn for the distribution of the material.
(“Handbill Requirements On Hotel or Motel Property” added 5–2–1994 by
O-18068 N.S.)

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