Exceptions
San Diego Municipal Code § 52.9509
in effect§52.9509 Exceptions
(a) Nothing in this division shall be construed to prohibit any act specifically authorized by the laws of the United States, the State of California or The City of San Diego or any act required by the County Department of Health Services to protect the public health.
(b) Nothing in this division shall prohibit any act which is necessary to protect the health or safety of the general public. If a party to any action brought under this division asserts that an otherwise discriminatory practice is justified as necessary to protect the health or safety of the general public, that party shall have the burden of proving:
(1) That the discrimination is in fact a necessary result of a necessary course of conduct pursued to protect the health or safety of the general public; and
(2) That there exists no less discriminatory means of satisfying the necessary protection of the health or safety of the general public.
(Amended 3–20–1989 by O–17271 N.S.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter05/Ch05Art02Division95.pdf#page=7Fetched: 10/28/2026