How
Far is too Far?
Has
it ever happened to you, fishing around docks and all of the sudden
You get wet from a angry land owner with an over zealous use of
his garden hose? Stay with me here people I am serious, over the
years I have encountered everything from Water Balloons and garden
hoses to BB gun and 22’s. There are several area residents
that believe that floating your boat, Kick-boat or float tube
around there dock is some how illegal, and now they are taking
action.
For
me, it wasn’t a big deal, Called CC county Sheriff in years
past for the ones with the firearms, but overall getting sprayed
with a hose in most cases brought a chuckle and just went about
my business.
Well
recently my son (a minor) was in a Float tube when a Delta resident
decided he shouldn’t be fishing from his tube behind his
dock. The guy told him he couldn’t be there, Cody kept fishing
as he continued to be badgered by the gentleman Cody told him
that this is navigable water as kicked under the back of the Dock
then it came. The ole garden hose spraying around and at Cody
in his float tube, a free Delta shower. Sounds funny, but really
not cool, scared the kid because he didn’t know what was
next, and frankly fired up pops a bit too, actually went to talk
with the gentleman about his actions. ( a mistake but my protective
feathers were ruffled). I told the gentleman that I thought the
spraying of anyone shouldn’t and won’t happen again,
I would take action with the Sheriff Department. So he and his
wife continued I called the San Joaquin County Sheriff.
Officers
came out, and handled the situation quite well, talking to both
party’s surveying the area and listening to the gentleman
admit to them that he did spray the minor with a garden hose for
fishing behind his dock, Cody was given the option to press charges
and place him under citizen arrest but declined as he hoped this
would be a lesson learned.
Here’s
the deal, those of you with bad attitudes about people fishing
around your dock, houseboat or whatever you may call that thing
floating on the public waterway I’m sorry but people have
access to the water way.
“The
public's right of access to navigable streams is a constitutional
right.” The California Constitution states: “ No individual,
partnership, or corporation, claiming or possessing the frontage
or tidal lands of a harbor, bay, inlet, estuary, or other navigable
water in this State, shall be permitted to exclude the right of
way to such water whenever it is required for any public purpose,
nor to destroy or obstruct the free navigation of such water;
and the Legislature shall enact such laws as will give the most
liberal construction to this provision, so that access to the
navigable waters of this State shall be always attainable for
the people thereof.” And there are several case laws that
back this up! So people put away the garden hoses and the sprinklers
on those docks that come on as soon as anglers get within reach.
Obstruction
or interference with the public’s right of navigation in
the navigable waters of California is a public nuisance here are
some areas you may want to know of when your hassled or threatened
on a public waterway
Civil
Code Section 3479. Anything which is injurious to health, including,
but not limited to, the illegal sale of controlled substances,
or is indecent or offensive to the senses, or an obstruction to
the free use of property, so as to interfere with the comfortable
enjoyment of life or property, or unlawfully obstructs
the free passage or use, in the customary manner, of any navigable
lake, or river, bay, stream, canal, or basin, or any public park,
square, street, or highway, is a nuisance.
Obstruction
of the free passage or use of a navigable waterway is also deemed
a criminal offense. Victims of obstruction can contact the local
sheriff or police department, make a report, and request that
criminal charges be filed for violation of the two following State
laws:
Penal
Code Section 370. Anything which is injurious to health, or is
indecent, or offensive to the senses, or an obstruction to the
free use of property, so as to interfere with the comfortable
enjoyment of life or property by an entire community or neighborhood,
or by any considerable number of persons, or unlawfully obstructs
the free passage or use, in the customary manner, of any navigable
lake, or river, bay, stream, canal, or basin, or any public park,
square, street, or highway, is a public nuisance.
Harbors
and Navigation Code Section 131. Every person who unlawfully obstructs
the navigation of any navigable waters, is guilty of a misdemeanor.
Don’t
take into your own hands! Call the sheriff!
Dan
Mathisen
FishDelta.com
- All Species, All Delta
The
Ultimate Resource For California Delta Fishing
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