§63.0102 Use of Public Parks and Beaches Regulated
(a) Purpose and Intent
It is the purpose and intent in enacting this Division to regulate and prohibit certain activities in public parks and beaches within the City of San Diego in the interests of protecting the enjoyment and safety of the public in the use of these facilities, as well as the natural resources of the City of San Diego.
(b) Definitions
For purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:
Beach areas has the same meaning as in San Diego Municipal Code section 63.20.
Expressive activity has the same meaning as in San Diego Municipal Code section 63.0502.
Open space means any undeveloped public property either primarily in its natural state, including canyons, coastal bluffs, and unimproved waterways, or that is held out by the City or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.
Park means any public property, whether developed or undeveloped, held out by the City or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas and any adjacent parking lots and perimeter sidewalks. The definition of park includes open space and all public beaches, beach areas, bays, and wetlands within the City.
Services are activities involving the performance of work for others, the rental of furniture or equipment for an activity or event, or the provision of intangible items to a group of four persons or more at the same time that cannot be returned once they are provided. Examples include massage, yoga, dog training, fitness classes, equipment rental, and staging for picnics, bonfires or other activities.
Sidewalk vending has the same meaning as in San Diego Municipal Code section 36.0102.
(c) It is unlawful for any person within any park to do any of the acts listed in San Diego Municipal Code section 63.0102(c).
(1) Post Handbills. It is unlawful to litter, to throw, or deposit on the ground, to post or affix to any tree, fence, or structure situated within or on any park any handbills, circulars, pamphlets, tracts, dodgers, papers, or advertisements.
(2) Loose Animals. It is unlawful to bring, leave, turn loose, or allow to go free, any animal, fowl, or bird of any kind in or upon any park; provided, however, that section 63.0102(c)(2) does not apply to:
(A) Horses being led, ridden, or driven upon any roads or paths therein;
(B) Dogs when fastened to and led by a chain or line not more than eight (8) feet in length of suitable strength;
(C) Dogs which are in special areas of parks designated and posted by the Parks and Recreation Director as dog off-leash areas or dog training areas and so long as the regulations of the Parks and Recreation Director with respect to the use of such areas are followed.
(i) Implied Consent. The presence of a dog in a designated dog off-leash area or dog training area shall constitute implied consent of the person either owning or controlling the dog to the regulations imposed by the Parks and Recreation Director.
(ii) Liability and Indemnification. The presence of a dog in a designated dog off-leash area or dog training area shall constitute a waiver of liability, on behalf of the person either owning or controlling the dog, to the City of San Diego, as well as an agreement and undertaking to protect, indemnify, defend, and hold harmless the City of San Diego for any injury or damage caused by the dog.
(3) Fireworks. It is unlawful to discharge any firearm, firecracker, bomb, torpedo, rocket, or other fireworks without the written consent of the City Manager; provided, however, that as to the discharging of firearms section 63.0102(c)(3) does not apply to authorized peace officers or employees of the San Diego Zoo while in the performance of their duties.
(4) Destruction of Plants. It is unlawful to injure, drive a nail or other object into, destroy, cut or remove any tree or other natural vegetation, soil, or rock in any park without the written permission of the City Manager.
(5) Defacement of Property. It is unlawful to build or erect a physical structure of any type, or cut, break, deface, or injure any building, monument, rock, fountain, cage, pen, fence, bench, hydrant, swing, or other structure, apparatus or property, dig caves, or otherwise reconfigure the natural or developed landscape in a manner that damages the landscape within a park without the written permission of the City Manager.
(6) Dumping. It is unlawful to deposit or dump any garbage, refuse, human or animal waste, dirt, ashes or like substances, or any carcass of any animal or fowl.
(7) Glass Containers. It is unlawful to have, possess, or use any container made of glass, except in locations where such containers are permitted under the terms of a lease, operating agreement, or permit.
(8) Littering. It is unlawful to leave or scatter about any boxes, empty or otherwise, waste paper, remains of meals, newspaper, tobacco, remains of any material capable of being smoked, or rubbish of any kind, except that such material and matter may be deposited in receptacles provided for such purpose.
(9) Park waters. It is unlawful to bathe in the waters of any lake, pond, pool, fountain, or at any hydrant, drinking fountain, or sink; or throw into or deposit any dirt, filth or foreign matter in the waters of any lake, pond, pool, or fountain, or in like manner pollute the same; provided, however, that nothing contained in section 63.0102(c)(9) prohibits persons from swimming in any municipal pool in accordance with the rules and regulations provided therefor.
(10) Mistreatment of Animals. It is unlawful to take, kill, wound, disturb, or maltreat any bird or animal, either wild or domesticated, unless the same shall have been declared noxious by the City Manager and a permit issued for the killing of such noxious animals; provided, however, that section 63.0102(c)(10) does not apply to any exhibits in the San Diego Zoo when done by employees in the course of their duties.
(11) Fires. It is unlawful to kindle or allow to be kindled any fire, bonfire, Tiki Torch, or any device set on fire for entertainment purposes, or to throw upon the ground a lighted match, lighted cigar or cigarette, or anything that would be liable to set fire to any grass, tree, shrub, building, or other property; provided, however, that nothing in Municipal Code section 63.0102(c)(11) prohibits persons from kindling fires in City-provided fire rings or portable propane-fueled devices as permitted in Municipal Code section 63.20.5(c).
(12) Temporary Shade Structures. Unless specifically authorized in writing by the City Manager, it is unlawful for any person to erect or maintain any temporary shade structure in any park, unless the temporary shade structure has a minimum of two sides open and there is an unobstructed view of the interior from the outside on at least two sides.
(13) Sale of Merchandise.
(A) Except expressive activity authorized by Chapter 6, Article 3, Division 5 of this Code and sidewalk vending, it is unlawful to sell or offer for sale any goods, wares, merchandise, article, or thing whatsoever without the written consent of the City Manager.
(B) All sidewalk vending in any park shall comply with the requirements of Chapter 3, Article 6, Division 1 of this Code.
(14) Commercial Activity and Services. Except expressive activity authorized by Chapter 6, Article 3, Division 5 of this Code and sidewalk vending authorized by Chapter 3, Article 6, Division 1, it is unlawful to carry on or conduct commercial activity, to provide any service, or to solicit offers to purchase, barter, or to require someone to negotiate, establish, or pay a fee before providing a service, even if characterized as a donation, without the written consent of the City Manager. Written consent of the City Manager includes commercial activity and services allowed as part of a lease, permit, or other written permission from the City.
(15) Shows. Except expressive activity authorized by Chapter 6, Article 3, Division 5, it is unlawful to set up, maintain, or give any exhibition, show, performance, lecture, concert, place of amusement, or concert hall without the written consent of the City Manager.
(16) Conduct. It is unlawful to engage in any indecent conduct or indulge in any riotous, boisterous, or threatening behavior.
(17) Sports. It is unlawful to play any game of ball or engage in any sport except at such places and at such times as shall be designated for such purpose by the Parks and Recreation Department.
(18) Direction from Park Ranger. It is unlawful for any person to refuse to follow or comply with any lawful order, signal, or other direction of a park ranger, or to knowingly provide false information to a park ranger.
(19) Bicycles. It is unlawful to ride a bicycle except: (1) where posted to authorize bicycle riding; or (2) on any designated bikeway; or (3) on any road designated and established for automotive traffic; or (4) on paved and unpaved roads within a park used as fire or service roads by authorized motor vehicles unless otherwise posted. Motorcycles or any other motorized vehicles are prohibited except on roads designated and established for automotive traffic.
(20) Automobile Speed. It is unlawful to drive an automobile, motorcycle, or other self-driven vehicle upon any park property at any speed in excess of the limitations established by ordinances of the City of San Diego.
(21) Horses and Vehicles. It is unlawful to leave or hitch any horse, or leave or park any automobile, motorcycle, or other self-driven vehicle in any park, except at such places as are provided and designated for those purposes.
(22) Car Washing. It is unlawful to clean, wash, polish, or to make other than emergency repairs upon any automobile, motorcycle, or other self-driven vehicle.
(23) Vehicular Traffic. Unless making deliveries or loading onto park property, it is unlawful to drive or place any dray, truck, wagon, cart, or other traffic vehicle with a manufacturer’s rate of capacity of more than one ton, carrying or regularly used or employed in carrying goods, merchandise, lumber, machinery, oil, manure, dirt, sand, soil, or any article of trade or commerce or any offensive article or material whatsoever upon any road or drive in any park, except such road or drive as may be provided or designated for such use.
(24) Large Groups. Except as otherwise required or permitted by Chapter 2, Article 2, Division 40 of this Code, it is unlawful for any group of persons consisting of fifty or more persons to hold, conduct, or participate in any celebration, parade, service, picnic, exercise, or other special event in any park without having first obtained a permit from the City Manager.
(25) Obstructing Traffic. It is unlawful to obstruct the free travel of any vehicle or pedestrian over any of the walks, roads, or avenues of any park.
(26) Park Department Tools. It is unlawful for any person, other than a Parks and Recreation Department employee while in the performance of the employee’s duties, to move or remove from one location to another or destroy any equipment, tools, implements, or materials used by the Parks and Recreation Department.
(27) Bridle Trails. It is unlawful to enter upon or use any bridle trail except for the purpose of horseback riding.
(28) Valves and Use of Utilities. It is unlawful to open or close any valves or switches, remove any utility access covers or secured plugs, tap into wiring, or damage any maintenance covers, plugs or other facilities pertaining to the water or electric services in any park.
(d) Dog Off Leash and Dog Training Areas. It is unlawful for an owner or person with custody, care, charge, control, or possession of a dog, or both, to do any of the following:
(1) Have more than three (3) dogs within a designated dog off-leash area or dog training area at any time; provided, however, that on Fiesta Island an owner or person with custody, care, charge, control, or possession of a dog, or both, shall have no more than six (6) off-leash dogs.
(2) Abandon or otherwise leave any off-leash dog unattended or unsupervised within any designated dog off-leash area or dog training area at any time.
(3) Have a female dog in estrus (heat cycle) within a dog off-leash area or dog training area at any time.
(4) Have a dog within a designated off-leash area or dog training area without a current and valid dog license as required by San Diego County Code section 62.620 and adopted by San Diego Municipal Code section 44.0300.
(e) Dogs in Parks. It is unlawful for a dog owner or person with custody, care, charge, control, or possession of a dog within any park to do any of the following:
(1) Have a dog without a current dog license as required by San Diego County Code section 62.620 and adopted by San Diego Municipal Code section 44.0300. This provision shall not apply to nonresidents visiting for less than thirty (30) days.
(2) In the event of a dog bite that results in injury requiring medical care to a person or another dog, failure to provide to the injured person or owner or custodian of the injured dog, at the time of the injury, all of the following information: the full name of the dog owner or person with custody, care, charge, control, or possession of the dog that caused the injury, correct dog license information, telephone number, mailing address, and driver’s license number, if any.
(f) Regulations for the Use of the La Jolla Children’s Pool and Beach Areas
1) It is unlawful to allow any dog, except for service dogs while in service, upon the beach of the La Jolla Children’s Pool and upon the immediate beach areas, defined as the entire adjacent breakwater wall, starting from the top of the stairs of the breakwater wall; the ramp adjacent to the breakwater wall, starting from the top of the ramp; and the stairs to the Children’s Pool beach, starting from the top of the stairs leading directly to the beach, as shown on Figure 1.
2) It is unlawful for any person to be upon or to cause any person to be upon the beach of the La Jolla Children’s Pool, starting from the lower stairs to the beach beginning with the second landing, from December 15 to May 15.
(g) Regulations for the Use of Point La Jolla and Boomer Beach Areas
(1) It is unlawful for any dog at any time to be on the closure area of Point La Jolla and Boomer Beach, as described in San Diego Municipal Code section 63.0102(g)(4) and shown in Figure 2.
(2) It is unlawful for any person to be on or to cause any person to be on the closure area of Point La Jolla and Boomer Beach, as described in San Diego Municipal Code section 63.0102(g)(4) and shown in Figure 2, except employees or agents of the City of San Diego performing maintenance, repair, or rescue activities.
(3) It is lawful for persons, and service dogs while in service, to traverse a portion of the closure area, as described in San Diego Municipal Code section 63.0102(g)(4), and shown in Figure 2, designated as the “Ocean Access Corridor,” to engage in ocean swimming activities only. The Ocean Access Corridor begins at the stepping stone twenty feet northeast of the first metal fence post directly to the west of the La Jolla Bridge Club located at 1160 Coast Boulevard, La Jolla, CA 92037 and ends at the last gazebo above Boomer Beach northeast of Rocky Point, 560 feet to the northeast along the fence and seawall that separates the bluffs from the sidewalk adjacent to Ellen Browning Scripps Park located at 1100 Coast Boulevard, La Jolla, CA 92037 and extends perpendicular to the water. Any other use of the Ocean Access Corridor is unlawful.
(4) Closure area means the area with the following borders: from the Conrad F. Limbaugh and Harold F. Riley commemorative plaque northwest of La Jolla Cove to the last gazebo above Boomer Beach northeast of Rocky Point, 560 feet to the northeast along the fence and wall that separates the bluffs from the sidewalk adjacent to Ellen Browning Scripps Park and the La Jolla Bridge Club; and from the water up to the ocean side of the fence and seawall that separates the bluffs from the sidewalk adjacent to the Ellen Browning Scripps Park and the La Jolla Bridge Club, as shown in Figure 2.
(Amended 8-4-2003 by O-19206 N.S.) (Amended 7-18-2006 by O-19508 N.S.; effective 8-17-2006) (Amended 5-14-2009 by O-19848 N.S; effective 6-13-2009.) (Amended 5-19-2011 by O-20053 N.S.; effective 6-18-2011.) (Amended 5-26-2011 by O-20052 N.S and O-20058 N.S.; effective 6-25-2011.) (Amended 4-3-2014 by O-20360 N.S.; effective 8-14-2014.)
[Editors Note: Pursuant to California Coastal Commission Coastal Development Permit 6-14-0961, the provisions of 63.0102(e)(2), restricting access to Children’s Pool from December 15 to May 15, are effective for a five-year period which expires on August 13, 2019.
(Amended 6-27-2022 by O-21468 N.S.; effective 6-27-2022.) (Amended 1-13-2023 by O-21606 N.S.; effective 2-12-2023.) (Amended 6-29-2023 by O-21674 N.S.; effective 7-29-2023.) (Amended 10-4-2023 by O-21729 N.S.; effective 11-3-2023.) (Amended 2-28-2024 by O-21775 N.S.; effective 3-29-2024.)
[image omitted; see the official PDF]
(Added 5-19-2011 by O-20053 N.S.; effective 6-18-2011.) Figure 2
[image omitted; see the official PDF]
(Added 6-27-2022 by O-21468 N.S.; effective 6-27-2022.)
(Amended 10-4-2023 by O-21729 N.S.; effective 11-3-2023.)