private resort on delta??????????

[lcates]

we were in one of the private yacht clubs in the delta this weekend and we were pulled up aginnst the bank in the shade bbq in the bass boat with we have done more then a few times and we had just got done and were cleaning up the boat for fishing when this guy came up and asked what we were doning and we said were just got done bbq and eating are food and were getting ready to fish the guy then tells us we cant do that their it was a private island i said i wasnt on his island but just sitting in my boat in the shade.He then told me if he saw me doing that again he would call the sherriff i told him i would bwe their next weekend and he could call the sheriff then.Can he really tell me i cant be their bbq in my boat if not on his island and just sitiing in the shade harmlessy on the other side of their island but in the same slough????????He did say we could fish but we couldnt park are boat in their i told him he was wrong.so i would like to know what do you think the sherrif can do to me if anything at all

[bigbass111]

Huhh!!!

Who know's man, maybe the Sheriff is as dumb as him. People like that blow me away. Why should someone ever act like that, some people just get off being in control.

I would have probably just messed with him by saying you were not loved enough while being brought up. What would your mom say about you being an ***. Those lines usually work with people like that.

But who know's, they may have had some thefts recently and are trying to curb any un-wanted traffic.

[ash]

Was the boat or rope touching the island?

[HawgCatcher]

Where was this at?

[upriverLMB]

Did you have all your clothes on?

[lcates]

Was the boat or rope touching the island?

no but i was up against some branches of a tree and i would rather not say what resort just want to know if its legal because i will probably be their next weekend sometime and i will find out i guess

[Delta is beast]

im almost 100% sure its legal. as long as your not on the island your good. they dont own the water!!!!

[Cooch]

I believe there is a fine line between navigating the navigable waters of the Delta for the purpose of sightseeing & fishing, versus "anchoring" your boat inside of the private Marinas, to do what their patrons might be paying for. I would be willing to bet, the County Sherrif is gonna ask you to leave their Marina and take yer BBQ elsewhere.

[Rodney]

I believe there is a fine line between navigating the navigable waters of the Delta for the purpose of sightseeing & fishing, versus "anchoring" your boat inside of the private Marinas, to do what their patrons might be paying for. I would be willing to bet, the County Sherrif is gonna ask you to leave their Marina and take yer BBQ elsewhere.

if the BBQ is good he might let him slide.

[davet.]

I believe there is a fine line between navigating the navigable waters of the Delta for the purpose of sightseeing & fishing, versus "anchoring" your boat inside of the private Marinas, to do what their patrons might be paying for. I would be willing to bet, the County Sherrif is gonna ask you to leave their Marina and take yer BBQ elsewhere.

if the BBQ is good he might let him slide.

I agree. Hot dogs, hamburgers, yer outta here.
Ribs and chicken, I'll let ya slide for an invite.

[Andy Giannini]

If your boat was landed against the bank. which I am guessing was below mean high tide, you were not tresspassing.

If you tied off, you would be.

Another thing that is an issue, if you anchored there, you could be charged with "obstructing a navigable waterway". You can't anchor up to interfere with a marina for example.

One time, a marina guy, said that he was going to have me charged with that. And I laughed, and explained that I was in fact navigating this this navigable waterway with my trolling motor. (I wasn't in the way of any boat at all.)

He was pissed.

(The water way is a public access, but you cannot tresspass across dry land to get there. Like launching a float tube for example. If I went over to Cooch's house parked out front, ran across the yard, jumped in with my tube, I am tresspassing. The same is true if you just park your car along a county road, and launch. Trust me somebody owns that land if you don't! That's why you gotta pay to use launch ramps in the Delta, there are not free, its on private property!)

Keep in mind, the law enforcement guys that show up might not know anything about the water code. You may get cited even wrongly so. Many people suffer from real thinking distortions regarding property. Could be a vagrant living on a boat that takes a shot at you, or a brand new Delta property owner.

I would not advocate escalating a confrontation.

.02 A.G.

[b2customrods]

Can someone then please explain why the Antioch Marina has a sign up posting no fisihng and end even quotes a city ordinance against it?

[WishinIwerFishin]

Can someone then please explain why the Antioch Marina has a sign up posting no fisihng and end even quotes a city ordinance against it?

As far as I know fishing is only off limits on the dock, there are picnic tables in front of the parking spaces that get used almost everyday by guys fishing there.

[b2customrods]

Well my partner and I got kicked out for fisihng there. Didnt see the sign as we went through the entrance but checked when we motored out and its there. No Fishing.

[DeltaDan]

Can someone then please explain why the Antioch Marina has a sign up posting no fisihng and end even quotes a city ordinance against it?

The City of Antioch dug out the City owned land to make that marina - then broke the levee.

They own the land the Marina was built out of with some Govt. entity type of Rights of Owenship - and Thus they can - and did pass a City Ordinance against fishing in there.

Just be glad you did not get a ticket.


BrothA Lar - Here are the legal definations "simplified" ~~> http://www.norcalwaterfowl.com/forummis ... erLaws.pdf As Andy said - It is the Low Mean Tide while anchored that can not ever be disputed.

Tying up to a tree from privately owned land .... Yes they can call and ask for a citation against you for tresspass.

[b2customrods]

Thats interesting. Now wasnt there a supreme court rulling some time back about a guy fishing in water that had flooded a person property back east?

Normally the land would be high and dry but due to flooding the land got covered up and was fish-able and became navigable water.

The court ruled in favor of the boater.

[Andy Giannini]

Where the river goes, in the case of flood is a public access.

However, the state of Ca. passed a law where it is not legal to discharge a firearm upon those inundated lands.

It seems, it was adding insult to injury to duck hunt on somebody's flooded property, unless it floods every year.

Regarding the city ordinance, they can whip it up, but it comes down to the fight and dollars. If you want to spend money with your attorney, you will more than likely win out. But most people don't want to spend that kind of dough, to fish in the Antioch Marina. Not saying that this type of thing is right. I think the ordinance is misguided at best.

I understand both sides of public access.

And I am adamant for either one.

The guys have a right to fish and use the waterway, and the underlying property owner deserves a protection against unwarranted tresspass and claims from tresspassers.

.02 A.G.