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San Diego law practice

May 22, 2008 -

North San Diego County cracks down

According to the Union-Tribune, Del Mar has followed San Diego and the Torrey Pines State Park in instituting a ban on alcohol at public beaches. 

On a related note, the City of Oceanside has increased the authority of their lifeguards to issue citations for petty offenses.  Even though the vote was unanimous, it was interesting that the North County Times article did report at least one city council member, Esther Sanchez, inquiring about the impact of extra duties on the core responsibility for water safety.

> Posted by Chuck at 2:11 pm. No Comments


December 3, 2007 -

Final Decision: La Jolla Children’s Pool

California’s Supreme Court rejected an appeal last week, effectively ending the litigation over use of the La Jolla Children’s Pool that had various groups concerned about the seals living there arguing that the original deed gifting the property was ineffective at limiting that use as a protected children’s swimming area.

San Diego City Council President was interviewed about the future of the beach here.

San Diego Union-Tribune article on the issue is here.

> Posted by Chuck at 1:30 pm. No Comments


November 21, 2007 -

Official Ban on Towel Changes?

After an exchange of e-mails based on a comment made to another post, I received reader Jason’s permission to post the following:

I have been changing into my suit with a towel for YEARS! I own a hull maintenance company and do this 5 days a week. This time I was working off my boat, and I was back at the truck and trailer in the boat ramp parking lot. I was taking my suit off and getting ready to put the boat back on the trailer. NOBODY around. I own a Chevy 2500 4 door and had both doors open to shield the view. I had a towel around me. Harbor patrol pulled up into the parking spot next to me. His comment was “Use a bathroom”. Read on…

> Posted by Chuck at 10:23 am. No Comments


September 8, 2007 -

Appeals Court Rules On Children’s Pool

From today’s San Diego Union-Tribune:

A state appellate court yesterday upheld a judge’s 2005 order requiring the city to restore water quality to Children’s Pool beach in La Jolla by dredging the bacteria-laden sand and shooing away a colony of harbor seals.

The case is far from over, as the article notes, due to the number of various administrative permits that the city must obtain to comply with the court order confirming the validity of the trust deed that granted this stretch of beach to the city.

As summarized by the Union-Tribune:

Yesterday’s ruling reaffirms a decision by Superior Court Judge William C. Pate. He ruled that by allowing the cove to become polluted by seal feces, San Diego had violated the terms of a 1931 trust transferring ownership of the beach from the state to the city.

The trust requires the city to maintain Children’s Pool exclusively for recreational purposes and as a public park and swimming area for children.

Pate said the city is obligated to restore Children’s Pool to the condition it was in 1941. The beach, which is unique along the local coast in that it’s protected from waves by a crescent-shaped sea wall, was a traditional spot for teaching children to swim in the ocean.

> Posted by Chuck at 7:37 am. No Comments


February 22, 2007 -

More Laws


San Diego is considering an ordinance against harassment of harbor seals at Children’s Pool beach in La Jolla. The proposed measure defines harassment as causing disruption to the seals’ behavioral patterns, such as “chasing after, yelling at, throwing objects at, or getting into close proximity” with the animals.

No word on whether there will be similar legislation to protect tourists from harassment by the animal rights activists in residence at the cove.

> Posted by Chuck at 7:21 am. No Comments


January 11, 2007 -

Riprap to be removed in Del Mar

Del Mar (San Diego County), is reportedly planning to remove private erosion barriers on public beaches between 17th and 29th Streets.  From the San Diego Union-Tribune article:

“I think the riprap serves to check the energy of the wave as it’s breaking . . . but as far preventing erosion, I’m doubtful,” said Pat Vergne, Del Mar’s community services director and chief lifeguard, who has observed the city’s beaches for more than 20 years.

Hany Elwany, a coastal engineer affiliated with the Scripps Institution of Oceanography in La Jolla, concurred.

“Riprap does not prevent erosion, but it does protect property from storm damage,” he said. “Del Mar’s beaches undergo very large seasonal cycles . . . as much as 150 feet a year, and that is normal.”

 According to the article this does not impact properly engineered seawalls.

> Posted by Chuck at 2:36 pm. No Comments


July 18, 2006 -

One Open, Five To Go

San Diego’s ongoing financial problems have prevented it from selling bonds intended to raise money for the replacement of five lifeguard stations in South Mission Beach, North Pacific Beach, La Jolla Cove, Children’s Pool in La Jolla and La Jolla Shores.

The issue is discussed in an article on the lifeguard service’s new tower in Pacific Beach, opened in May 2006 after original approval by the San Diego city council in 2001, and financed by a 2002 bond issuance that was supposed to raise money for several of the needed stations. Cost overruns are blamed for the fact that only the one station was actually built with the raised funds.

Previously: Lifeguard Budget Constraints, More on Lifeguard Budget Cuts

> Posted by Chuck at 6:04 am. No Comments


Thursday a.m., September 21, 2006: Took a time-out from work this morning for some fresh air at Del Mar. Del Mar allows dogs on leashes, which always struck me as a sensible balance between no-dogs and dogs running amock. Seeing this while I was watching the surf just made me start missing Pongo again. He loved that place.

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Interesting Sites

70 Percent Good site focusing on reporting and documenting break conditions for waveriders
Coastal Marine Resource Center Non-profit from the New York-New Jersey Harbor Bight
Free PB Opposition to additional beach regulations at San Diego’s Pacific Beach
Race for the Oceans A forum for swimmers and swimming fans to dive in to ocean conservation.
Surfrider Foundation Activities and campaigns for clean water, beach access, beach preservation and protecting special places.
Wave Ride Net Surfing and surf spots




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