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PERSONAL WATERCRAFT COALITION v. BOARD OF SUPERVISORS

Nos. A093769, A094088.

122 Cal.Rptr.2d 425 (2002)

100 Cal.App.4th 129

PERSONAL WATERCRAFT COALITION et al., Plaintiffs and Respondents, v. Marin County BOARD OF SUPERVISORS, Defendant and Appellant. Personal Watercraft Coalition et al., Plaintiffs and Respondents, v. Marin County Board of Supervisors, Defendant and Respondent; Earth Island Institute, Intervener and Appellant.

Court of Appeals of California, First District, Division Four.

Review Denied October 16, 2002.

Attorney(s) appearing for the Case

Patrick K. Faulkner, County Counsel, David L. Zaltsman, Deputy County Counsel, for Defendant and Respondent and for Defendant and Appellant.

Law Offices of Stephan C. Volker, Stephan C. Volker, San Francisco, for Intervener and Appellant.

Hancock Rothert & Bunshoft, Brian A. Kelly, San Francisco, Jennifer L. Pruski, Tahoe City; Birnberg & Associates, Cory A. Birnberg, San Francisco, for Plaintiffs and Respondents.

KAY, P.J.

The County of Marin (County) adopted an ordinance banning the use of personal watercraft on or within its territorial waters. The trial court determined that the ordinance was unconstitutionally vague on its face in terms of its territorial application. We hold that the ordinance does not suffer from that constitutional infirmity. We also reject a number of other constitutional and statutory challenges to the validity of the ordinance.

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