San Diego Municipal Code Div. 15 Limitations on Possession, Sale, and Disposal of Caulerpa Algae

(“Limitations on Possession, Sale, and Disposal of Caulerpa Algae” added 8-6-2001 by O–18967 N.S.)

The Council finds that the decorative algae known as the genus Caulerpa that is used in home and office aquariums is an invasive plant pest that is highly injurious to marine animal and plant life. Caulerpa has been found in the ocean off the City of Carlsbad, just twenty miles to the north of this City. The Council finds that Caulerpa most likely enters the ocean by means of storm drains into which people have dumped their waste from aquariums, which includes pieces of Caulerpa. Without drastic, local, preventive measures, this algae may spread and kill flora and fauna in the oceans within this City’s jurisdiction. The purposes of this division are to establish laws that prevent the possession, sale, or distribution of Caulerpa in the City of San Diego and to prevent the improper disposal of Caulerpa into the City’s waterways, storm drains, and ocean. (Added 8-6-2001 by O–18967 N.S.)

Except as provided in this division, it is unlawful for any person:

( a) to sell, possess, transport within this City, transfer, or make a gift of any salt
water algae of the genus Caulerpa; or,

(b) to release alive into the City’s waterways, storm drains or ocean any salt water
algae of the genus Caulerpa.
(Added 8-6-2001 by O–18967 N.S.)

A person may possess or transport specimens of the algae genus Caulerpa for bona fide scientific research or for identification purposes. Whether the research is bona fide shall be determined by a senior marine biologist of the City’s Water or Metropolitan Wastewater Departments, or their successor departments. (Added 8-6-2001 by O–18967 N.S.)

Ch. Art. Div.
6 3 15 1

San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (8-2001)

Acceptable methods of disposal shall be determined by the City’s Water Department after consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, or the National Marine Fisheries Service. (Added 8-6-2001 by O–18967 N.S.)

(a) A violation of this division constitutes an infraction punishable by a fine of up to $250 per violation. The designated Enforcement Official may also seek injunctive relief in the Superior Court pursuant to Municipal Code section 12.0202.

(b) Each day a violation of this division persists constitutes a separate violation.

(c) Any fine that is levied under this division for violation of section 67.4502 may
be waived by the City if the violator disposes of the algae by an acceptable
method, as determined by the City’s Water Department under section
63.1504.
(Added 8-6-2001 by O–18967 N.S.)

Ch. Art. Div. 6 3 15 2

San Diego Municipal Code Chapter 6: Public Works and Property, Public Improvement and Assessment Proceedings (6-2000)