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San Diego Municipal Code

The following sections pertain to individuals who rent dockless scooter, bikes and other shared mobility devices within the City of San Diego and are enforceable by the San Diego Police Department.

Note: This list is non-exhaustive, subject to change, and does not constitute legal advice.


§ 54.0110 Unauthorized Encroachments Prohibited

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.

§54.0105 Sidewalk Sales and Displays Prohibited

(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.

(c) A sidewalk sale 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.

§63.0102 - Use of Public Parks and Beaches Regulated

(b) It is unlawful for any person within any public park or plaza or public beach or beach areas within the City of San Diego to do any of the acts enumerated in Section 63.0102(b).

(14) Solicitation. It is unlawful to practice, carry on, conduct, or solicit for any trade, occupation, business or profession without the written consent of the City Manager.

(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 park roads 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.

§63.20 Beach Areas — Authority and Control

(a) The Park and Recreation Department of The City of San Diego shall have jurisdiction and control over all beaches owned or controlled by The City of San Diego and all waters abutting or adjacent thereto within the limits of The City of San Diego, and of all lands heretofore and hereafter owned or controlled by the City, adjoining the waterfront of the Pacific Ocean and the waters of Mission Bay, and it shall be responsible for the control and management of said beaches and lands, and waters abutting or adjacent thereto, and of the recreational activities thereon and therein.

(b) In the following sections dealing with the same subject, wherever the context thereof shall permit, the term “beach area” shall mean any beach or land and the waters abutting or adjacent thereto under the jurisdiction and control of the Park and Recreation Department, as set forth in paragraph (a) of this section.

§63.20.20 Sale or Rental of Merchandise, Goods, Property, Etc. Prohibited; Exceptions

It is unlawful for any person, firm or corporation to attempt to carry on or to carry on any commercial operation, to rent or sell merchandise of any kind, or to beach or moor any vessel for the purpose of displaying it for rental or sale, in any beach area, as defined in Section 63.20, including Mission Bay Park, unless licensed or otherwise specifically permitted to do so by the Director. This is specifically intended to include a commercial operation which involves delivering merchandise, a rental item, or a service to a beach area whether or not a financial transaction takes place within the beach area. Lessees and others who carry on a commercial operation under the terms of a formal agreement with the City are exempt from this section. Commercial fishers are permitted to use beach areas provided that their activity does not interfere with recreation.

If advertising of any kind, other than incidental advertising permanently affixed to the side of a vehicle, is displayed in the beach area, it shall constitute prima facie evidence that the actions of the person or persons, firm or corporation responsible for introducing said advertising within the beach area violate this section.

§83.0308 Geofencing Speed and Operating Restrictions

(a) Through geofencing or similar technology, a provider shall reduce the speed of any motorized scooters and motorized bicycles in the provider’s fleet to eight miles per hour or less at the following locations:

(1) on the public walkways within Balboa Park;

(2) on the public walkways within Liberty Station NTC Park; and

(3) on the public walkways within Spanish Landing Park and Trail.

(b) Through geofencing or similar technology, a provider shall prevent any motorized scooters and motorized bicycles in the provider’s fleet from being locked, parked, or ending a ride, and shall reduce the speed of its motorized scooters and motorized bicycles to eight miles per hour on the public right-of-way within the Petco Ballpark Zone, as defined in Chapter 8, Article 3, Division 1 of this Code.

(c) To effectuate the ban on the operation of motorized transportation devices on the City’s boardwalks and bay walks pursuant to Municipal Code section 84.18,  provider shall, through geofencing or similar technology, prevent any motorized scooters and motorized bicycles in the provider’s fleet from being locked, parked, or ending a ride, and shall reduce the speed of any motorized scooters and motorized bicycles in its fleet to a maximum of three miles per hour at the following locations:

(1) Martin Luther King Promenade, as defined in Chapter 8, Article 3, Division 1 of this Code;

(2) North and South Embarcadero pedestrian walk; and

(3) The pedestrian area on West Date Street east of India Street and west of Columbia Street, known as the Piazza della Famiglia;

(4) on the public walkway on Ocean Front Walk in Mission Beach, beginning at the South Mission Beach Jetty northward to the terminus of the public walkway at Ocean Boulevard at Law Street in Pacific Beach;

(5) on the public walkway on the west side of Mission Bay Park from San Diego Place (adjacent to the South Mission Beach Jetty) to Corona Oriente Road (terminus of Crown Point Park), known as Bayside Walk;

(6) on the public walkway on the east side of Mission Bay Park from De Anza Road southward to the South Shores Boat Launch and Park; and

(7) on the boardwalk from Avenida De La Playa (adjacent to La Jolla Shores) north to the terminus of La Jolla Shores Park at its northeast corner.

(d) Through geofencing or similar technology, a provider shall prevent any motorized scooters and motorized bicycles in the provider’s fleet from being operated, locked, parked, or ending a ride on a City sidewalk, except for shared use bikes or e-bikes that can lock to existing City bike racks. Providers shall reduce the speed of any motorized scooters and motorized bicycles in its fleet to three miles per hour on all City sidewalks, once such technology is commercially available and has been demonstrated by a provider that it can be implemented safely and effectively across its entire fleet. This speed reduction is intended to effectuate the prohibition of operating shared mobility devices on the sidewalks.

(e) The City Manager may adopt additional locations subject to geofencing or similar technology consistent with section 83.0308(a), section 83.0308(b), or section 83.0308(c).

(f) The City Manager may require operators, through geofencing or similar technology, to temporarily lock down and prevent the operation of shared mobility devices in a specific area during an emergency situation or within the perimeter of a permitted Special Event, as defined in Chapter 2, Article 2, Division 40 of this Code, when necessary to maintain public health and safety.

(g) When a rider operates a shared mobility device in the provider’s fleet within a location subject to geofencing, the provider shall notify the rider of the reduced speed limit and any other applicable conditions of this section.

(h) In instances where a geofencing zone overlays a Class IV protected bike lane or a Class II bike lane as defined in Section 890.4 of the California Street and Highways Code, the City Manager may exempt the protected bike lane from geofencing speed restrictions.

(i) Providers shall prevent shared mobility devices from being reserved or otherwise activated for rider use between the hours of 12:00 a.m. and 2:30 a.m.

§83.0310 Staging of Shared Mobility Devices

(a) Shared mobility devices shall not be parked, displayed, offered, or made available for rent.

(1) in violation of this Division or the Vehicle Code;

(2) in quantities greater than four shared mobility devices, per provider, per on-street corral;

(3) outside of a corral, except for shared use bikes or e-bikes that can lock to existing City bike racks;

(4) on City sidewalks;

(5) in Disabled Persons Parking Zones or

(6) within six feet in any direction of any sign marking a designated bus stop or trolley stop or within six feet in any direction of any transit shelter, bench, or information kiosk associated with the bus stop or trolley stop, within a bus stop pad, or where any shared mobility device deployment may impact a bus stopping, on-boarding, or off-boarding;

...

§84.18 Operation of Motorized Transportation Devices on Boardwalks Prohibited

(a) Motorized transportation device means any motorized device used for personal transportation, whether rented or owned. Motorized transportation device includes: shared mobility devices, electric bicycles. motorized bicycles, and motorized scooters as defined in section 83.0302; electric personal assistive mobility devices as defined in section 83.0402; and any other motorized device that state law permits local agencies to regulate, except motorized devices used to assist a physically disabled person.

(b) It is unlawful for any person to operate any motorized transportation device in the following locations: on the public walkway on Ocean Front Walk in Mission Beach,

(1) beginning at the South Mission Beach Jetty northward to the terminus of the public walkway at Ocean Boulevard at Law Street in Pacific Beach;

(2) on the public walkway on the west side of Mission Bay Park from San Diego Place (adjacent to the South Mission Beach Jetty) to Corona Oriente Road (terminus of Crown Point Park), known as Bayside Walk;

(3) on the public walkway on the east side of Mission Bay Park from De Anza Road southward to the South Shores Boat Launch and Park; and

(4) on the boardwalk from Avenida De La Playa (adjacent to La Jolla Shores) north to the terminus of Kellogg Park at its northeast comer.

(c) The prohibition in section 84.18 shall not apply to any physically disabled person using a motorized transportation device in these locations.

(d) The prohibition in section 84.18 shall not apply to any employee, agent, or officer of the City while engaging in law enforcement activities...