City Codes
Business License
Leash Law
Noise
Smoking Restrictions
Tree Trimming
Business License
If I conduct a business within the City of Del Mar city limits, do I need to obtain a City of Del Mar Business License?
Yes, any person or business who transacts or carries on any commercial activity within the City of Del Mar needs to first obtain a City of Del Mar Business License. This includes anyone who conducts business within the City regardless of the businesses physical address. Moreover, any mobile business is required to carry a copy of this license at all times and furnish it upon request.
What is the penalty for conducting business without the appropriate City of Del Mar Business License?
Any person or business operating in the City of Del Mar without first acquiring a City of Del Mar Business License is subject to administrative fines of up to $1,000 per day of non-compliance. This not only includes conducting business without a license but also includes mobile businesses not carrying a copy of their current City of Del Mar Business License.
For additional information regarding applying for and attaining a City of Del Mar Business License please refer to the links below or contact the City of Del Mar Finance Department at (858) 755-9354.
Leash Law-SDCC Section 62.669[b]; Penal Code Section 597t
What are the requirements for dog owners in the City of Del Mar?
In the City of Del Mar, dog owners must, at their homes or residences, effectively control their dogs by voice or electronic pet containment system, or must physically and humanely restrain them by a leash, fence, or other enclosure.
Elsewhere, in the City of Del Mar, if you are to walk or otherwise bring a dog to a public or private property (where dogs are permitted), you must restrain the dog by a hand held leash (not longer than 6 feet in length).
Are there any off-leash areas that I can bring my dog?
Please refer to the Dog Beach page of this website for more information.
Noise
Why are leaf blowers not allowed in Del Mar?
Many years ago the City prohibited the use of both electric and gasoline powered leaf blowers. The law was created to reduce noise and airborne contaminants. One two-stroke gasoline powered leaf blower produces as much pollution as 34 automobiles.
The blower is also very hazardous to the operator. It blows animal droppings, pollens, gasoline remnants and other toxic materials into the air. There are no restrictions on other gas or electric powered tools.
What can I do about construction noise?
The City’s Noise Ordinance regulates construction hours and noise. Construction hours are limited to 7 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 7 p.m. on Saturday. No construction is allowed on Sunday or City holidays.
How do I report that someone is violating City standards?
If you feel that there is someone who is violating any of the City standards, you are welcome to contact our Code Enforcement Officer at (858) 755-9313 Ext. 170 or email code@delmar.ca.us.
You may also fill out a Citizens' Complaint Form and have the matter referred to Code Enforcement. The complaint form must be signed and it will be kept confidential.
Smoking Restrictions
Is smoking allowed on the beaches and public parks?
In October 2009, the Del Mar City Council voted to amend its Smoking and Tobacco Regulations (
DMMC Chapter 11.08). The revised ordinance bans smoking in many public and private properties. The following is a brief overview of the City’s smoking and tobacco regulations and lists the locations where smoking is prohibited in Del Mar.
Is smoking banned throughout the City of Del Mar?
No. The ordinance bans smoking in select locations. The purpose of the regulations is to limit the public’s exposure to second hand smoke in those areas where people work and congregate.
Where is smoking prohibited?
The locations where smoking is prohibited are listed below:
- Enclosed public places - such as stores, restaurants, churches and offices open to the public
- Places of employment
- Parks, beaches and seawalls and their street sidewalks, stairs and cul-de-sacs
- Taxi Cabs operating in Del Mar
- Child Care facilities
- All sidewalks and those segments of any street lined with a sidewalk
- All portions of outdoor seating areas of any bar or restaurant and within reasonable distance of those seating areas, including: adjacent sidewalks and/or streets and roads
- All public plazas and public and semi-public spaces identified in an approved Specific Plan
- All outdoor arenas, stadiums, and amphitheaters; including their bleachers and grandstands
- All public transportation station facilities; such as train stations and bus shelters
- Any property zoned as Public Facility (PF)
Can I smoke in my house or apartment?
Yes. The only limitation is a prohibition on smoking in a home that is used for a child day-care facility.
Where else can I legally smoke within the City of Del Mar?
A personal, private office where the public is not invited to do business and where there are no employees.
Sections of streets that do not contain public sidewalks and are not adjacent to a beach or park.
What should I do if I witness someone violating the ordinance?
If you are at a business, store or restaurant, please ask an employee to enforce the ordinance. If you are walking along a sidewalk or in another public place where smoking is banned, you can ask the smoker to extinguish their cigarette, cigar or pipe. If you are uncomfortable doing so, or if the person refuses your request, you may contact a City Code Enforcement Officer at (858) 755-9313 or the Community Services Department at (858) 755-1556.
What is the consequence if I violate the ordinance?
The ordinance provides a variety of methods of enforcement ranging from warnings to fines upwards of $1,000.00. In addition to these fines, the owner, manager, or operator of a business who allows smoking in a prohibited location may have their permits or licenses to operate suspended.
Tree Trimming
How can I cut my tree down?
If the tree in question is on your private property and it is any species of tree other than a Torrey Pine tree or Monterey Cypress, then you can remove the tree at your own discretion with no City involvement in the matter. However, if the tree is located in the public right-of-way*, on a property within the Central Commercial Zone, on a property located in an Open Space Overlay Zone, or if the tree is a Torrey Pine or Monterey Cypress, it is considered to be “protected” by City Ordinance and a permit is required to remove the tree.
(*To get help to determine the approximate location of the public right-of-way [Public/Private edge], contact the Planning Department at (858) 755-9313.)
If the trunk of the subject tree is: 1) within 12 feet from the exterior wall of a residence; 2) within 12 feet of another protected tree; 3) less than 20 inches in circumference when measured at 24 inches above the ground; or 4) an immediate threat to public health and safety, then it may be exempt from the permit requirement. If one of these four circumstances applies, then the property owner would complete a Notice of Intent form, attach a simple plot plan and indicate which exemption applies. The exemption would then be verified by Staff via a visit to the site and signed-off as exempt.
What can I do about trees blocking my views?
The Trees, Scenic Views and Sunlight Ordinance (DMMC 23.51) provides a process by which residents may seek to restore scenic views and/or sunlight that they feel have been unreasonably obstructed by the growth and/or installation of trees and vegetation since the time the property owner purchased or occupied the property, or in the last 10 years, whichever is shorter. The Ordinance requires that attempts are first made to work out an amicable solution with the vegetation owner, including formal mediation. If these resolution efforts are not successful, then a resident may apply to have the issue reviewed by the Planning Commission at a public hearing. The Commission would then make a determination if the blockage that has occurred is, pursuant to the Ordinance's standards of review, "unreasonable" and if so, what type of view/sunlight restoration measures are appropriate. To find out more about the process and other application requirements, you may view the Ordinance in its entirety on this website or by calling the Planning Department at (858) 755-9313.