Encroachment Law

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Background

http://docs.sandiego.gov/municode/MuniCodeChapter05/Ch05Art04Division01.pdf

§ 54.0110 Unauthorized Enchroachments 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.

(Added 10-18-2007 by O-19670 N.S.; effective 11-17-2007)

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Related other laws: http://docs.sandiego.gov/municode/MuniCodeChapter14/Ch14Art02Division12.pdf

§142.1206 Violations of Sign Regulations

• a. It is unlawful to do the following:
  1. Place, post, paint or secure any sign, pennant, flag, banner, balloon, or similar attention-seeking device on public property or within the public right-of-way unless otherwise provided in the Municipal Code or specific state statute;
  2. Place any lettering, card, poster, or notice of any kind on any curb, sidewalk, street, pole, post, utility box, hydrant, bridge, tree, building, or other surface that is located on public property or in the public right-of-way unless otherwise provided in the Municipal Code or specific state statute;
  3. Display any sign without the required Sign Permit Sticker; or
  4. Erect any sign on any premises contrary to the provisions of this division.
• b Violations of any provisions of this division shall be subject to the enforcement provisions of Chapter 12, Article 1. Violations of this division shall be treated as strict liability offenses regardless of intent.

(Amended 6-12-2001 by O-18948 N.S.; effective 12-12-2001.)

§142.1210 General Sign Regulations, b (5) Signs on Public Property and in Public Rights-of-Way

(A) Signs are not permitted to be installed on public property or public rights-of-way, except for signs that are authorized by law, or as otherwise permitted in the Municipal Code.

§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) 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).
  1. Posting of 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 City-owned park or plaza any handbills, circulars, pamphlets, tracts, dodgers, papers, or advertisements.

§56.51 Picketing for Purpose of Intimidation — Prohibited

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,
• (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.)

§56.52 Causing Breach of Peace by Picketing — Prohibited

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.)

§53.30 Dangerous Weapons Used During Picketing, Demonstrations And Strikes

No person shall carry or possess while participating in any demonstration, rally, picket line or public assembly any metal stake, club, or pipe, or any length of lumber, wood, or lath, unless that wooden object is 1/4” or less in thickness, and 2” or less in width. If not generally rectangular in shape, such wooden object shall not exceed 1/2” in its thickest dimension.

(“Dangerous Weapons Used During Picketing, Demonstrations And Strikes” added 1–2–1979 by O–12537 N.S.)

Trespassing on Private Property

Unlike public spaces, San Diego has explicit exemptions for peaceful political activity on Private Property that is open to the public:

§52.80.01 Trespasses upon Privately Operated Business Premises Prohibited

• (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 therefrom 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 on account of color, race, religion, sex, creed, ancestry or national origin;
  2. Where their application would result in an interference with or inhibition of peaceful picketing directed toward the business establishment, lawful labor activities, or peaceful political activities;
  3. 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;
  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 visitations 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.

_(“Trespasses upon Privately Operated Business Premises Prohibited” added 4–27–1977 by O–12059 N.S.) _

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Summary of articles submitted (Add | All):

• (M1395) 2013-12-10 Ray Lutz settlement with the City of San Diego -- Ray Lutz, Citizens Oversight,
• (M1302) 2012-09-14 Ray Lutz Files Suit: False Arrest while Registering Voters -- Ray Lutz, Citizens Oversight, Mentions Michael Aguirre
• (M1301) 2012-09-13 Case #37-2012-00103865-CU-CR-CTL -- Lawsuit Filed by Lutz for false arrest while Registering Voters -- Bryan Pease, Citizens Oversight,
• (M1320) 2012-05-23 Requests for ballot measures go nowhere -- None of 56 proposals by public forwarded -- Jeff Mc Donald, Union Tribune,
• (M1297) 2012-01-27 Claim against the City of San Diego for False and Unlawful Arrest of Ray Lutz registering voters -- Ray Lutz, Citizens Oversight, City Of San Diego, Topic includes rejection letter by the City of San Diego
• (M1215) 2012-01-11 Rules Committee Meeting of 2012-01-11 + Press Conf. on 2012-01-05 -- Ray Lutz, Citizens Oversight, Freedom Of Speech
• (M1319) 2012-01-05 Proposal to the City of San Diego Rules Cte for Encroachment Law Ballot Proposal -- Martha Sullivan, Occupy San Diego,
• (M1214) 2012-01-03 Press Rel: Free Speech Ballot Measure Proposed By Occupy San Diego -- Ray Lutz, Martha Sullivan, Rachel Scoma, Occupy San Diego, Encroachment Law
• (M1213) 2011-12-01 Temporary Restraining Order Denial Regarding SDMC 54.0110 -- , Citizens Oversight, Encroachment Law
• (M1298) 2011-11-30 LUTZ FILES CIVIL RIGHTS SUIT AGAINST BUILDING MANAGER OVER ARREST WHILE REGISTERING VOTERS AT CIVIC CENTER PLAZA -- Miriam Raftery, East County Magazine, Mentions Michael Aguirre
• (M1299) 2011-11-29 Occupy SD Ray Lutz Arrested for Registering Voters Nov 29 -- Occupy SD 99, You Tube,
• (M1300) 2011-11-29 Voter Registration Arrest San Diego -- 1ionessa, You Tube,
• (M1202) 2011-11-16 Lawsuit Against City of San Diego Regarding Municipal Code 54.0110 -- Bryan Pease, Citizens Oversight, Encroachment Law; Mentions Michael Aguirre
• (M1200) 2011-11-08 News Conference: Occupy Protestors seek Court Protection -- Ray Lutz, Citizens Oversight,
• (M1372) 1980-06-09 PruneYard Shopping Center vs. Robins -- Justice Rehnquist, Supreme Court of the United States,

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