Graf

In this appeal we determine that the San Diego Unified Port District (Port District) did not exceed its jurisdiction in establishing certain areas in the San Diego Bay for mooring and anchoring boats and in prohibiting these activities in other areas of the bay. We also decide that Port District’s regulation of mooring and anchorage in the San Diego Bay comports with California constitutional requirements.

Factual and Procedural Background

On February 10, 1987, Port District enacted Ordinance 1200, which added section 4.30 to the Port District Code, and Ordinance 1201, which added section 4.35 to the Port District Code. Section 4.30, subdivision (c) of the code prohibits anchoring, mooring, making fast to the bottom, stranding or grounding a vessel or structure within South San Diego Bay. Section 4.35 of the code establishes areas where anchoring or mooring is permitted in Central San Diego Bay and prohibits anchoring, mooring, making fast to the bottom, stranding or grounding a vessel or structure within Central San Diego Bay except within areas where permitted.

The ordinances were enacted as a result of a bayside small craft mooring and anchorage plan developed for…