San Diego Municipal Code § 52.80 Old Town – Old Town San Diego Planned District Ordinance 1516.0101

(a) No person shall have the right to use privately operated business premises which are open to the general public for any purpose which is contrary to the functions or services provided thereon without the consent of the owner, operator, or agent thereof. It shall be unlawful for any person so using such property to refuse or fail to leave such property upon being requested to leave by the owner, operator, or agent thereof.

(b) It shall be unlawful for any person without the permission of the owner,
operator, or agent of privately operated business premises which are open to
the general public to enter upon such premises within forty-eight (48) hours
after having been requested by the owner, operator, or agent thereof to leave
pursuant to the provisions of subdivision (a).

(c) Exceptions. The provisions of this section shall not apply in any of the
following instances:

(1) where their application results in or is coupled with an act prohibited
by the Unruh Civil Rights Act or any other provisions of law relating
to prohibited discrimination against any person;

(2) where their application would result in an interference with or
inhibition of lawful labor union activities that are permitted to be
carried out on the property by state or federal law, or activities
protected by the California Constitution or the United States
Constitution;

(2) where their application results in or is coupled with an act prohibited
by section 365 of the California Penal Code or any other provision of
law relating to duties of innkeepers and common carriers; or

(4) where the person who is upon the privately operated business premises which are open to the general public is present under claim or color of legal right. This exception is applicable to situations wherein public officials are present in the course of their official duties and to situations involving disputes wherein the participants have available to them practical and effective civil remedies such as: marital and post-marital disputes; child custody or visitation disputes; disputes regarding title to or rights in legal property; landlord-tenant disputes; disputes between members of the same family or between persons residing upon the property concerned up until the time of the dispute; business-type disputes such as those between partners; debtor-creditor disputes; and instances wherein the person claims a right to be present pursuant to order, decree, or process of a court.

Ch. Art. Div.
5 2 0 9

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (12-2021)

(d) The purpose of this section is to protect the property rights of private business
operators who open business premises to the public for specific business
functions or services, while also recognizing and protecting the rights
conferred by state and federal law. Nothing in this section should be construed
to limit any right conferred by statutory or constitutional state or federal law.
(“Trespasses upon Privately Operated Business Premises Prohibited” added
4-27-1977 by O–12059 N.S.)
(Amended 11-24-2015 by O-20576 N.S.; effective 12-24-2015.)

Ch. Art. Div. 5 2 0 10

San Diego Municipal Code Chapter 5: Public Safety, Morals and Welfare (7-2024)

Article 2: Police — Police Regulations — Offenses Against Government

Division 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.)