Tuesday, July 14, 2009

legal question

So what is the goddamn law about having alcohol down at the river? I find it to be confusing. Is it only illegal on holiday weekends?

19 comments:

Anonymous said...

As far as I can find
Regulations for drinking on the American River:

* State law prohibits rafters on a stretch of the lower American River -- between Hazel and Watt avenues -- from consuming alcoholic beverages and possessing open containers on summer holiday weekends, including July 4.

* Sacramento County ordinances ban people from drinking alcohol or carrying open alcoholic drink containers along the shores of the same stretch of the American River.

Harder to find stuff on the rules for the sacramento river.

-Natalie.

Anonymous said...

I've heard that if you're IN the water, you're in Fish & Game territory.

But that's just hearsay, down by the river.

Anonymous said...

I think thats where the state law comes in, I think being in the water is the same as rafting.

At least where booze and the law are concerned.

-Natalie.

beckler said...

I wonder why Jim got that ticket?

Liv Moe said...

Here's the basic gist:
"Of particular note, by telling their story of tragedy, moms Peggy and Susan helped Dave Jones get the AB#951 bill passed in time for the July 4th weekend of 2007, exactly one year after their children died. The bill allows law enforcement to enforce the alcohol ban on the American River for the three major holidays of the summer, which are Memorial Day, the 4th of July and Labor Day. The law now allows the Sacramento County Park Rangers and the law enforcement agencies to check for alcohol and enforce its ban in the American River Parkway and on the waters."

After reading through AB#951 after the tweakdog wedding I noticed that the ban only extends to non-motorized water craft which I think is a load of shit. So folks in speed boats can drink up.

The ban also extends to unopened containers as well as open containers. No booze period!

Anonymous said...

I would guess that there are enough over lapping state, county and city, ordaninces as well as the fact you can't drink in city or county parks to cover the entire shores of the river. and if you aren't in an area that is under the local parks law you are tresspassing which is a whole different thing.

-Natalie.

smitty said...

If I remember correctly, the reason it became a state law is because counties aren't allowed to restrict booze on the rivers. That's ON the river, not on the banks.

I believe it was disputed if it's even legal for a state to pass laws on the river. I think it treads on Federal laws.

It's been a few years since I've read up on this so it's likely I'm mistaken. Still, that doesn't keep me from opening the hole in my face I call a mouth.

gee whz said...

How much was Jim's ticket?

gbomb

Anonymous said...

Liv and I did a bunch of research the night Jim got the ticket and I found it particularly interesting that the whole idiotic law was a response to two kids being killed in an accident when their drunk friend wrecked the car they were in. This makes total sense because the guy would never have been drinking anywhere else, right?

it's also interesting that the people in speedboats (who are most likely to hurt someone else when drunk on the river) are exempt, while those who are sitting on the shore are the focus of the law.

It all comes down to interest groups and money- if there was really a motivation to end drunk driving you'd simply pass (and enforce)laws about drinking in bars- that's where most (above 70% if I remember right) drunk drivers are coming from, and interestingly, where most pedestrians that are struck by cars have come from too.

But, bars/restaruants make a ton of money and the spend a ton of that money making sure that stricter laws are not put into effect.

Bottom line, folks inner-tubing on the lower american don't have lobbyists, so they're screwed.

-omf

beckler said...

So it's only always legal to drink on power boats? And it's sometimes legal on rafts? And never on the shore probably? What if I attach a motor to my inflatable crocodile?

talkaboutcharles said...

Not a bad idea. Really. Someone get a broken down powerboat and we just let it drift by the shore when everyone wants to day-rage by the river. Well call it the power lounge. you paddle out to the power lounge, power-pound a few brews, swim back to the shore and get in dave smith's face. Or at least thats what i do for a good time.

Charles

smitty said...

The law only applies to nonmotorized boats, only on the 3 weekends, and only between the bridges between Hazel and Watt.

It was written for rafters and tubers. Raft + tube = rube.

I reckon Jim was cited under a country regulation. He should've been eating butter sandwiches.

smitty said...

Sorry, "country" should've been "county or state".

His ticket had nothing to do with cracking a beer while tubing but if he was on the water, he wouldn't have gotten the ticket.

talkaboutcharles said...

I am so close to getting in your face right now.

Charles

Patrick J. said...

Legal if you are standing in the water. Technically illegal if you on the shore, however the cops usually let it slide if you are drinking out of cans. Bottles seem to piss them off. But yeah, if you see cops coming stand in the water and it's legal. Local laws don't apply in the river.

beckler said...

That is ridiculous but good to know! Is it also legal for me to smoke a jbone in the river, then? Is it legal for me to blow out a big puff of smoke and say, "in your face, pig!"?

What's up with your blog about growing hops?

Patrick J. said...

I've planted a quarter acre of hops in the delta. I suppose I should post some pictures in the blog. Won't have much production the first year but they are Cascades.

couchdive said...

yes, the brilliance of law. You can drink in the American river all days except holiday weekends. You can never drink on the land...period. If you on a "motorized" boat you can drink all you want, but the driver cannot be drunk of course. SO remember, if your drunk and drinking on land and you see the cops come, jump in the river!

Anonymous said...

Can they legally search your ice chest before you enter the river if you don't want them to? If they ask to search it and you tell them no, do they just have to let you go? Is using the law enforcement's river contingent on them searching us? Can the heckasac legal research department look into this?