Graf v. San Diego Unified Port District

In Graf v. San Diego Unified Port District (1988) 205 Cal. App. 3d 1189, the appellant contended the state Constitution prohibited the District from adopting penal ordinances. ( Graf, supra, 205 Cal. App. 3d at p. 1195.) The language Graf quoted from Moore v. Municipal Court, 170 Cal. App. 2d at page 556, addresses the rule that under the California Constitution, only the state Legislature has the power to prescribe criminal penalties for violations of ordinances -- i.e., to determine that violation of an ordinance shall constitute a misdemeanor; the Legislature cannot delegate that power to a subordinate administrative body. (Graf, at p. 1196.) Graf noted that the California Supreme Court had held "an agency created by state statute may be delegated the power to make ordinances and regulations, but it is the state Legislature which provides the violation of such ordinance shall constitute a misdemeanor. This may be done in complete conformity with the California Constitution." (Id. at p. 1197.) Graf concluded the District had not improperly enacted penal ordinances because "the Legislature has not delegated that constitutional power to the . . . District but has itself created and authorized a criminal penalty in enabling legislation found in section 59 of the enabling act." (Ibid.) The Court noted "the power of the state to control, regulate and utilize its navigable waterways and lands lying beneath them . . . is absolute except as limited by the paramount supervisory power of the federal government over navigable waters."