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1. Why are leaf blowers not allowed in Del Mar?

In the mid-1980s, and in response to the growing concern for noise pollution and airborne contaminants, the City banned the use of all electric and gasoline powered leaf blowers City wide. 

Did you know? 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, which carry the Hantavirus, pollens, and other toxic materials into the air. There are no restrictions on other gas or electric powered tools or leaf vacuums

2. Do I need a City of Del Mar business license, if I have an active business license in another city?

Yes, whether your business is physically located with our city limits, any person or business who transacts, or carries on any commercial activity within the City of Del Mar is first required to obtain a City of Del Mar Business License. This includes, home businesses, mobile businesses, gardeners, nannies, and non-profits. This includes all service contractors and their subs.

3. 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 obtaining a City of Del Mar Business License is subject to fines of up to $1,000 per day of noncompliance.For additional information on applying for and obtaining a City of Del Mar Business License, please refer to, Business License Information or contact the City of Del Mar Finance Department at (858) 755-9354.

Business License Information

4. What are the requirements for dog owners in the City of Del Mar?

It is a violation of both City and County codes to leave a dog to bark. Further, other than designated areas, it is also a violation of both City and County Code to allow a dog to walk unrestrained in public.City and County Code requires dog owners to effectively control their dog’s behavior by voice, or electronic pet containment system, or must physically and humanely restrain them by a leash, fence, or other enclosure. 

5. Are there any off-leash areas that I can bring my dog?

Yes. Please check out our Dog Friendly Beach page at, Dog Friendly Beaches.

Dog Friendly Beaches

6. 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.

7. How do I report a possible code violation

Please take advantage of our online Citizen’s Complaint Form at, http://www.delmar.ca.us/forms.aspx?FID=93.

Your complaint will then be forwarded on to the Code Enforcement Officer for review, and investigation. If you have questions about a violation of the City’s Municipal Code, the Code Enforcement Officer can be reached by,

1. In person at, 1050 Camino del Mar

2. Call, (858) 704-3651

3. Email, code@delmar.ca.us

8. 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.

DMMC Chapter 11.08

9. How do I report an air quality issue?

Air quality issues are handled through the San Diego County Air Pollution Control District. When an air quality problem is observed at a stationary source (business, government or military), please call (858) 586-2650 or use the San Diego County online complaint form.

San Diego County Air Pollution Complaint Form 

San Diego County Air Pollution Complaint Form

10. Is smoking banned throughout the City of Del Mar?

No. The ordinance bans smoking only in select locations. Smoking includes, cigar, pipes and vapes.

11. Where is smoking prohibited?

• 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).

12. Can I smoke in my house or apartment?

Other than a child day-care facility, the City of Del Mar does not regulate smoking on private property. If you are a renter, please check with your property management company.

13. Where else can I legally smoke within the City of Del Mar?

A personal or private office where the public is not invited to do business, and where there are no employees. Residential neighborhoods that do not contain public sidewalks and are not adjacent to a beach or park.

14. 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.

15. 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.

16. 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.

17. 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 based on evidence presented.

To find out more about the process and other application requirements, you may view the Ordinance in its entirety here Trees, Scenic Views, & Sunlight Ordinance or by calling the Planning Department at (858) 755-9313.

Trees, Scenic Views, & Sunlight Ordinance

18. Do I need a City Of Del Mar business license if my client is in Del Mar but my business location is in another city?

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 physical address of the business or whether a profit has been made. Moreover, any mobile business is required to carry a copy of this license at all times and furnish it upon request.

All sub-contractors, gardeners, pool servicing companies and the like are required to hold an active City of Del Mar Business License.

19. How to I appeal my administrative citation?

Per DMMC 1.10.070, you have a right to appeal your Administrative Citation. The DMMC requires that you do so within 15 calendar days of the date of the citation, or forfeit your right to your appeal.

To appeal your Administrative Citation, you must submit a written request, along with payment of the full amount of the fine to, 

City of Del Mar
Attn: Code Enforcement Officer
1050 Camino del Mar
Del Mar, CA 92014

This information is also found on the back of your Administrative Citation. Once the Code Enforcement Officer has received your request, they will contact you with an Administrative Hearing date. Failure to meet the 15 calendar day deadline will waive your right to an Administrative Hearing. 

For more information about and Administrative Appeals Hearings,

https://library.municode.com/ca/del_mar/codes/municipal_code?nodeId=TIT1GEPR

 

20. Are there regulated construction hours?

The City’s Noise Ordinance regulates construction days, 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 observed holidays.