Posted by Intrepid on October 22, 2000 at 17:32:50:
Hi Folks,
My curiosity was roused by a recent post (Oct. 12, 2000) on the BBS regarding divers who have been apparently cited for diving without a partner in Laguna Beach, against local ordinance. I've dived Shaw's Cove before with a buddy (much fun; highly recommended), and I understand it to be within the Laguna Beach City limits.
According to their website (http://bpc.iserver.net/codes/lagunab/), the City of Laguna Beach has a local ordinance that prohibits
"[H]azardous Skin Diving and Scuba Diving." (Laguna Beach Muni.Code section 18.21.030.) Other relevant provisions include sections 1.04.025 (Misdemeanors and infractions), and 18.21.060 (Penalty for violations).
The upshot appears to be that Laguna Beach can cite you for failure to have the proper equipment, which includes, among other things (mask, fins, snorkel, buoyancy compensator) a diving partner. (Laguna Beach Muni.Code s18.21.030(b).) The fine, if charged as a misdemeanor, could carry up to six months in jail and a $1000.00 fine. (Laguna Beach Muni.Code 1.04.025(c).) Yikes!
It's kind of hard to imagine jumping in the water without one's mask, fins and BC (no snorkel = misdemeanor? ... hmmm), but whatever. Rest Assured your tax dollars are hard at work.
OH, and someone mentioned that Laguna's jurisdiction stops at the water's edge, or the Mean High Tide line or something of that nature, and that the State of California has jurisdiction from there on out. Although that idea has some logical appeal, it doesn't appear likely from my reading of it. First, there are lots of regulations on surfers out here, although it could be they're not very bright, and probably just haven't thought of that argument yet (JUST KIDDING, for cryin' out loud!).
I did find a 1977 case where a woman stepped into ankle deep water in L.A. County, stripped naked for a swim, and was promptly arrested. She tried to make a similar argument: that the county's authority stopped at the water's edge. The State delegates certain powers to local authorities, etc. etc. She lost, (rats!) ... Lady Justice is apparently _not_ blind, and doesn't care for naked hussies in the water. . My kinda gal, though. ;)
Now, I'm not a California lawyer, so don't go quoting me, or yelling at me, or suing me or any of that stuff. This isn't legal advice nor is it intended to be. Plus I just pulled it off of a website, not the law library, and these things are inherently unreliable. I just thought folks would be interested. OH and PLEASE try to avoid the temptation of turning this into a Buddy-Diving vs. Solo-Diving debate. I have no opinion on the subject; I'm guilty of diving with buddies as well as diving alone.
Intrepid