Robert Phillips
Contributor
A month and a half ago, my friend was issued a citation for 'Solo diving' at Montage (Treasure Island) in Laguna Beach, Ca. Originally, the ticket was for a misdemeanor, but was later reduced to a violation of a city ordinance, much like a parking ticket.
He appeared in court a few weeks ago to enter a plea. The judge offered him a trial or a $45.00 fine. He chose to go to trial, which he went to today.
He was found not guilty, even though he was cited after leaving the water after a solo dive.
The reason for this is that the city ordinance does not state anything about forbidding solo diving. The wording in the code states the equipment required for diving, among these is listed a "dive partner." While my friend was diving solo, the judge stated:"While diving is a dangerous sport, I vcannot hold your hand or make decisions for you. I wish you would dive with a partner, but you make your own decisions."
The code is written under the assumption that if a lifeguard or other public official instructs you not to dive before you enter the water and you do it anyway, then they have the right to issue you a citation. If they approach you after the dive and tell you you are in violation and issue you a citation, it is invalid.
I am not condoning solo diving and I don't do it myself, but there is no law against it in Laguna unless you are instructed not to dive before you enter the water. The same would go for conditions that would cause lifeguards to close beaches due to conditions such as high surf, crowded beaches, sewege spills, etc... If you are not told you are prohibited from diving, do what thou wilt.
He appeared in court a few weeks ago to enter a plea. The judge offered him a trial or a $45.00 fine. He chose to go to trial, which he went to today.
He was found not guilty, even though he was cited after leaving the water after a solo dive.
The reason for this is that the city ordinance does not state anything about forbidding solo diving. The wording in the code states the equipment required for diving, among these is listed a "dive partner." While my friend was diving solo, the judge stated:"While diving is a dangerous sport, I vcannot hold your hand or make decisions for you. I wish you would dive with a partner, but you make your own decisions."
The code is written under the assumption that if a lifeguard or other public official instructs you not to dive before you enter the water and you do it anyway, then they have the right to issue you a citation. If they approach you after the dive and tell you you are in violation and issue you a citation, it is invalid.
I am not condoning solo diving and I don't do it myself, but there is no law against it in Laguna unless you are instructed not to dive before you enter the water. The same would go for conditions that would cause lifeguards to close beaches due to conditions such as high surf, crowded beaches, sewege spills, etc... If you are not told you are prohibited from diving, do what thou wilt.