Enjoy your summer by knowing your rights
With the beach season in full swing, we have heard many troubling stories and had many questions about park and beach laws. Here is what you need to know to protect your rights.
First is a list of city parks that still allow responsible adults to enjoy a beer with their barbecue
Legal parks to enjoy your freedom
...and the municipal code to prove it
Alcohol at the Beach or Bay
Police will enforce consumption or possession of an opened alcohol beverage using San Diego Municipal Code 56.54 or CA Business and Professions Code 25620. It is not illegal to possess unopened containers or to possess opened alcoholic beverage containers for the purpose of recycling or other related activity.
Police officers cannot order you to pour out sealed containers of alcoholic beverages merely for possessing them. They may request that you pour out the remainder of an alcoholic beverage if you are consuming it (breaking the law).
The 4th Amendment to the United States Constitution
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
It is also our understanding that without probable cause or a search warrant, police may NOT execute a search of your possessions at the beach. This includes sniffing your beverage. If an officer performs a search without consent, you are entitled to know what they considered probable cause. If they ask for permission and you don't want someone's nose in your soda, simply say, 'NO'.
Can I Drink in The Water?
It is now illegal to consume alcoholic beverages in many coastal parks, the beach or on any land area of Mission Bay. The City of San Diego has defined the boundary line between land and water in Mission Bay Park is the mean high tide line. Based on the following documents it seems clear that is not illegal to consume alcoholic beverages below the mean high tide line, however, police and lifeguards have said they will ticket anyone touching sand, whether below the mean high tide line or not. So feel free to float in your inner tube, but please be safe.
September 1988 Memorandum of Law
Excerpt from Mission Bay Park survey report
Mission Bay Park survey maps (link will be fixed later today)
Note that Mission Bay Park has been divided into five zones where the mean high line differs based on the tidal flow.
Also note that the mean high tide line is a vertical measurement above sea level. Most tide tables measure the tide above mean lower low water. This website allows you to select the correct datum.
Link to NOAA tide website
Private Property
It is not illegal to consume alcoholic beverages on residential private property. It is perfectly legal to consume alcoholic beverages in your front yard regardless of whether it is fenced or not. Keep in mind that the sidewalk is public property.
Draconian Enforcement Issues?
If you have a dispute with a police officer regarding any of these laws or any other laws, do not force the issue, simply request to speak with a superior officer. If you have the same problem with a sergeant, ask to speak with a lieutenant.
If you feel your rights are being violated or observe a violation of others, please take photos, videotape the incident and send us your story. You can also contact:
The Chief of Police
The Mayor's office
The City Attorney's office
The Union-Tribune Editorial department
The Beach & Bay Press Editorial department
KUSI News
...and if you'd like to contact your City Councilperson, here's a link to their site.
Stay tuned for even more information about your beaches and parks.
Sincerely,
Your friends and neighbors at FreePB.org
Disclaimer
Nothing in this e-mail is meant to constitute legal advice. If you have specific questions about the applicability of any law, we suggest you consult a private attorney.
