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Other news about losing our Freedom
to enjoy our public beaches & parks...

 

Kate Sessions bans alcohol 24-7-365. Our City Council is apparently trying to rename our city to 'Ban Diego', as they have declared an emergency (IN DECEMBER) and used that as an excuse to pass overnight legislation that bans alcohol completely at Kate Sessions park. So much for the Concerts on the Green & other events planned there... We believe it is illegal for the city to modify existing law without voter approval, but unless you want to challenge this one in court, best to drink your suds elsewhere.

Floating is banned, but drinking in a "vessel" is legal. We've met with the Police to discuss the grey areas around the so-called "Floatopia ban." While we firmly believe that all the recent amendments SDMC Section 56.54 (voter approved proposition D) are illegal and a challenge on those grounds may well get you out of ticket, we advise that for maximum enjoyment you simply abide by the slightly modified rules.

The recently added code section 56.54(h) makes it "unlawful for any bather to consume any alcoholic beverage" however you are NOT a bather if you are on a flotation device which is designed to be propelled by sail, mechanical means, power, oars, or paddle. So... If you don't own a yacht or have money to buy one (like most of us) please see the links at bottom to legal vessels starting at $5.00

What makes something a vessel? Glad you asked, the key here is that it has to be DESIGNED as a vessel, so adding oars to a party-island won't work. However, if your vessel was built to be powered by oar, paddle, sail, or motor, then you're OK (actually having oars or a motor on the vessel is NOT required).

For example:

BANNED: drinking on inner tubes, air mattress, kiddie pools, surfboards, paddle boards, party islands, & paddle-boats (the kind you peddle like a bike).

GOOD: rowboats & kayaks (inflatable or otherwise), canoes, sailboats.



Equally as important are Boating-Under-Influence laws. These laws are meant to apply to the "operator/driver" of a moving vessel. If you keep your vessel at anchor/ sail is down/ motor off, then there is no 'operator' and BUI is not applicable. However, please be aware that you can be arrested for Drunk & Disorderly or Drunk in Public if you make a target of yourself. To avoid this, please act responsibly, clean up after yourself, and these shouldn't be an issue.

Other questions:
1) Is drinking still legal at Kate Sessions park? NO. During December there was emergency legislation passed to ban alcohol 24-7-365 @ Kate Sessions. I guess they were afraid Santa might stop in for something a little stronger than warm milk?
2) Does a vessel need to be registered or insured? No, insurance and registration is not required for boats propelled manually or sailboats less than 8ft. in length.
3) Are you still required to be 21 to drink in a vessel? Duh, of course!
4) What is the fine if I'm caught drinking & floating/ bathing? Up to $500 fine & up to 6 months in jail, with the possibility of an overnight stay in the drunk tank in your bikini or board shorts.
5) What if I'm in a 'vessel' and still police want to write me a ticket? Calmly ask to speak to a Sergeant, and explain to him that you are within your rights to enjoy an adult beverage from the safety of your own vessel. Be respectful, as well as aware of your rights.
6) Are floats & party islands banned from the bay? No, If you have a luxurious lounge or floating island, those are not banished from the bay, it's just no longer legal for you to sip your suds on those.
7) Do you have examples of legal vessels? Click this link to see examples of legal vessels.

So if you plan on taking to the water to enjoy a cold one in the summer sun be sure that your craft complies with the new law.
 

What is the City up to?

The City has denied our permit for a fundraiser, for no other reason than we're not OMBAC. That is unfair and illegal, and the city will soon understand the implications of that.
See the video here.
 

A bit about the 4th Amendment (to the US 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'. 

If you are sticking close to home 

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. 


And finally, here 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 (starts on page 14) 


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 


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.


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