4th of July

Got there early, about 7:40. SurfRider was set up and got the few early bird going. I got my shirt and headed out. Its all about those free shirts I tell ya.

This year the Morning After Mess Cleanup Day presented by Sun Diego Boardshops will be on Monday July 6th. T-shirts to 50 volunteers at each site and 50 concert tickets at each location to see Slightly Stoopid, 311 or Incubus later in July at Cricket Amp. in Chula Vista!!! Raffle prizes for volunteers at each location including gear from Sun Diego vendors.


Five cleanups on 7/6 from 8-11am:
Ocean Beach Pier - meet at grassy area by the end of Newport Ave.
Mission Beach - Belmont Park - meet south of roller coaster, on the grassy area by the boardwalk
Pacific Beach - meet at the end of PB Drive on the beach
South Carlsbad State Beach - Ponto Beach - meet south of Ponto jetty
Oceanside - South Harbor Jetty - meet on the beach near the parking lot where Harbor Dr. meets Pacific St.

After the citizens of "Ban Diego" made the consumption of alcohol illegal on city beaches and most city parks, many have been wondering how to flex their rights this 4th of July and still be responsible. Our good friends at FreePB.org have answered your burning question. If you plan to have a beer this 4th to celebrate freedom day, please be respectful of law enforcement and others. Belligerently arguing your rights can still land you in jail or with a ticket. Happy Birthday America!

We All Float On
With the 4th right around the corner, we have been receiving may inquiries about the current beach and park rules. Here's the scoop:

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.

If you are over the age of 21, 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).

Can I Drink in The Water?

While it is still unclear if it is actually illegal to consume alcohol below the mean high tide line, the police have taken the position that if you consume alcohol while your feet are touching sand (in or out of the water), you are breaking the law and you will be cited.

It is, however, perfectly legal to enjoy a cold one while floating on the bay on an inner tube or other flotation device. The police have confirmed to us that they will not spoil your floating fun, but strongly discourage dangerous home-made floating platforms, and will enforce littering laws so PLEASE bag up your empties and deposit them in one of our convenient recycling boxes. DO NOT sink your empties in the bay.

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


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. incoming@freepb.org

DEL MAR - An annual ban on alcohol at Del Mar's 2½ miles of beaches over the Fourth of July weekend will continue for a seventh summer. The City Council voted unanimously Monday to prohibit the possession of alcoholic beverages on all public property including beaches, parks, streets and sidewalks from 6 p.m. July 3 until 6 a.m. July 7, a period of 84 hours. Those violating the ordinance will be subject to a $100 fine for the first offense. Beefed-up security by the county Sheriff's Department to enforce the ban will cost the city an estimated $4,000. Source UnionTrib

Independence Day is typically the busiest beach day of the year as the celebration lasts into the evening with fireworks. Help us raise awareness about the litter issue on the beach while making a difference in helping to keep our beach clean.

The San Diego Surfrider Foundation tells us of the event

The 4th Annual Morning After Mess presented by Sun Diego Boardshops is scheduled for Thursday July 5th with beach cleanups at seven locations: Ocean Beach Pier, Belmont Park in Mission Beach, PB Drive, Tourmaline, Del Mar 15th Street, Ponto in South Carlsbad and Oceanside South Jetty.

Each site will host a cleanup from 8-11AM with an organic cotton t-shirt for the first 50 volunteers at each site and a prize pack to be raffled off for volunteers compliments of Sun Diego and their vendors. The more trash you pick up, the more raffle tickets you get.

Along with some tips on how you can do your part to help the morning after mess effort

• Consume less and buy products that do not have a lot of packaging
• Take less to the beach and use the trash cans or bags provided during your celebration
• Take an extra bag or two with you to bring home any trash or recyclables that you cannot dispose of properly
• When you leave the beach, pick up three pieces of trash
• Help clean your community after ANY celebration, not just the 4th of July
• Spread the word to "Respect the Beach!"

If you wish to volunteer for this event please pre-register by sending an e-mail to volunteer@surfriderSD.org with the location where you will be helping and the number of people with you, if any. It is not mandatory, but much appreciated, especially if you are bringing a group of 10 or more people. If you plan on coming out to help, please print and sign this waiver in advance to make the check-in process quicker.