PDA

View Full Version : ticket for overhead casting at newport



contextminded
04-07-2009, 01:57 PM
This morning I went fishing off one of the public piers at NPH. The harbor patrol pulled in next to the dock and asked me for my fishing license and ID. I gave it to him thinking that he was making sure i had a fishing license. He then tells him that he saw me do an overhead cast and he had to ticket me and i had to appear in court next month. I'm not angry or anything, but does anyone know how much the fine could be?

NOAHNATOR
04-07-2009, 02:06 PM
I thought Public Piers, Newport, Balboa, etc... On Docks, I didn't think so. I would take pix up to 15 feet away and if not posted, you should win

fishermen101
04-07-2009, 02:59 PM
well i have seen on balboa peir signs that say no overhead casting but havent seen one by anyboat dock. hey bro just take some photos and you should be in the clear and if you want to fight it the chances of them showing up is unlikely.

contextminded
04-07-2009, 03:59 PM
i see. thanks. My buddy just told me that it shouldn't cost no more than 100 bucks since the newport police department gave it to me, but i dunno we'll see.

gavin310
04-07-2009, 05:28 PM
there are much better things they could be doing with their time, like ticketing poachers and people with no license fishing where they shouldn't be fishing. that's like pulling someone over for not using a turn signal when someone is doing doughnuts 1 block away.

exfactor
04-07-2009, 06:45 PM
HP has been bored lately, and all the new guys want to show you who is boss. LMS I think

sansou
04-07-2009, 06:46 PM
It would be helpful if you post the pertinent City Ordinance statute, then we could ascertain the probable fine. If anything, just call up the city attorney's office and bug them....

Out of curiousity, I checked the Title 14 schedule, and as I suspected, I could not find an applicable statute that would fit your scenario. On the other hand, I was amazed at the cost of the fines.

(figures below are mere "guidelines for judges" and include base fine + penalty + surcharge for total bailment amount....in other words, the total amount you will pay Terminator. Caveat: a lot depends if it is charged as an infraction v. misdemeanor. The figures are displayed for entertainment purposes and discussion. Consult an attorney if you need actual legal assistance.)

$57K for introduction of non-native species (ie. Gar in City Lake)
$168 (plus $68 per over limit thereafter) for fish of indeterminate size
$1,700 taking a garibaldi (or fully protected fish)
$51K taking of abalone w/out permit
$6,800 unlawful sale or purchase of sportcaught fish
$850 ($108 if you can show proof you have one) for fishing w/out license
$10,200 violation of established aquatic quarantine
$170 no hunting or fishing in a state park
$102 no dog or animal running loose
$102 no rockhounding panning for gold
$170 fishing with 2 poles w/no stamp
$266 fishing methods - hooks
$340 excess bag limit (plus $68 per fish)
$266 undersize fish (plus $68 per fish)
$340 littering within 150 ft. of water
$34 failure to display fishing license (uber cheesy)
$1,530 Advertising as a fishing Charter for hire w/out cert. & permit
$1,530 Actually chartering w/out cert. & permit
$340 no nudity except where authorized
$340 Rockhounding - panning for gold (fyi...most of the rockhounding fines are $340...e.g over 15 lbs, illegal tools, indian artifcat removal etc...)
$1,700 no boating water skiing in designated swimming areas
$340 no exceeding posted speed limits on boat (plus whatever speed schedule says, for ex. 1-15mph over is $96)

And my favorite: $850 for practicing as a gynocologist without a state license!

Fish Dog
04-07-2009, 06:54 PM
i see. thanks. My buddy just told me that it shouldn't cost no more than 100 bucks since the newport police department gave it to me, but i dunno we'll see.
Just for info the Harbor Patrol is Orange County Sheriff's not Newport PD. Also, I looked it up....

11.20.030 Newport Beach Municipal Code

Overhead Casting.

No person shall cast or throw over his head or shoulders any metal or mineral weight or sinker attached to any fishing line or fishing tackle, on or from any dock, wharf, pier, breakwater, jetty, seawall, or sidewalk within the City. (Ord. 95-1 (part), 1995: 1949 Code 4229)

Nothing listed under the Judicial Council Uniform Bail and Penalty Schedule so, I guess it is illegal but this is the first time I've ever heard of it being enforced except for on the Newport and Balboa Piers. It's posted there at least. I'm pretty sure it's not posted on the bay docks. I guess you have to side cast, which, if you read that, sounds like it would be legal as long as its not
over his head or shoulders. You might go into court and fight it based on the fact that it is impossible to underhand cast like you can off the oceanfront piers because the dock sits right on the water so you can't swing the line under the dock like you can on the piers. Also, just for curiosities sake, since it says
over his head or shoulders I wonder if that exempts women?


And, since you asked about a fine, here's all I could find on that...

Determining Infraction Bail

The most current publication of the Judicial Council Uniform Bail and Penalty Schedule is hereby adopted and incorporated by reference.
If bail cannot be set under the provisions of number 1 above, then the bail shall be $50 for all violations of statutes, regulations or ordinances, except that if the minimum fine for the offense is greater than or less than $50 the bail shall be the amount of the minimum fine.
For those infractions not set forth in the Judicial Council Bail Schedule in which the statute reflects a minimum and maximum fine (e.g. €œA fine of not less than XXX and not more than XXX€), the bail shall be at the minimum fine amount.
For those infractions not set forth in the Judicial Council Bail Schedule in which the statute reflects a €œfine of not to exceed XXX€ and the amount is greater than $50, then the bail shall be set at $50 (e.g. €œa fine not to exceed $100€). The bail shall be set at $50, as referenced under the provisions of number 2 above.
If the infraction penalty statute requires a sentence, in addition to a monetary fine, the infraction shall require a mandatory appearance to enable the judicial officer to impose the full sentence.
If a sentence reflects a fine or an alternative, (e.g. community service) the infraction penalty statute shall require a mandatory appearance to permit judicial discretion in the sentencing.

So, looks like about $50 but then you have to add court costs, penalty assessments and all those other "fees" that add on. Saw that a fishing license ticket is $100 base fine but it goes up to $380 after you add everything so it would be logical to assume that your $50 fine will end up being about $190.

sansou
04-07-2009, 07:42 PM
Nice job FishDog!

I didn't bother searching the city's Muni codes. Good info to know!

Fishingmonkee
04-07-2009, 08:03 PM
why would he check your license when you're fishing off a public pier?

dean070
04-07-2009, 08:29 PM
looks like the police are looking for ways to make money for the state in anyway they can.

just my 2 cents

Fish Dog
04-07-2009, 09:21 PM
why would he check your license when you're fishing off a public pier?

Do a search...this has been covered a hundred times now (or more)...no license is only for ocean front piers.

Fish Dog
04-07-2009, 09:23 PM
looks like the police are looking for ways to make money for the state in anyway they can.

just my 2 cents

...and again, Harbor Patrol = County Sheriff. Local Police have nothing to do with Harbor Patrol. If they're in a boat they're County Mounties.

willis949
04-08-2009, 11:23 AM
What they did a couple months ago is put a sticker on the sign itself that already says 'NO FISHING 10PM to 6AM".The words"NO OVERHEAD CASTING" and the # of the infraction in cut lettering were added.I noticed it a while back and to save them hassle of putting up another sign they just put it in the open space on the sign.Pretty small but its there.

contextminded
04-08-2009, 04:45 PM
Just for info the Harbor Patrol is Orange County Sheriff's not Newport PD. Also, I looked it up....

Nothing listed under the Judicial Council Uniform Bail and Penalty Schedule so, I guess it is illegal but this is the first time I've ever heard of it being enforced except for on the Newport and Balboa Piers. It's posted there at least. I'm pretty sure it's not posted on the bay docks. I guess you have to side cast, which, if you read that, sounds like it would be legal as long as its not . You might go into court and fight it based on the fact that it is impossible to underhand cast like you can off the oceanfront piers because the dock sits right on the water so you can't swing the line under the dock like you can on the piers. Also, just for curiosities sake, since it says I wonder if that exempts women?


And, since you asked about a fine, here's all I could find on that...

So, looks like about $50 but then you have to add court costs, penalty assessments and all those other "fees" that add on. Saw that a fishing license ticket is $100 base fine but it goes up to $380 after you add everything so it would be logical to assume that your $50 fine will end up being about $190.

thanks for the info. I appreciate it

LA Smoker
04-09-2009, 04:56 PM
$340 no nudity except where authorized


Wheres this @ Rich???

LA Smoker
04-09-2009, 05:11 PM
$340 no nudity except where authorized


Wheres this @ Rich???

Fish Dog
04-09-2009, 07:04 PM
What they did a couple months ago is put a sticker on the sign itself that already says 'NO FISHING 10PM to 6AM".The words"NO OVERHEAD CASTING" and the # of the infraction in cut lettering were added.I noticed it a while back and to save them hassle of putting up another sign they just put it in the open space on the sign.Pretty small but its there.

Was in Newport today, (not fishing unfortunately), but took a quick detour to one of the docks to check and sure enough, the sticker is on the sign just like willis said. What a load of BS, I can understand it on the ocean front piers because you can underhand cast there and there's a lot of non-fishing people (tourists) walking by but on the bay docks you can't underhand cast and just about everyone on those docks is fishing, so what are they trying to do, outlaw fishing in the harbor? Apparently it hasn't been enforced for a while, looks like the last revision was in 1995 so why now? Money? hummmmm.

sansou
04-09-2009, 08:08 PM
Wheres this @ Rich???

I'd show the pics, but if I post them I have to black out everything because of the "lurkers"....

:Wink:

HESBROS
04-09-2009, 08:34 PM
The docks on the Harbor side were not put there for fishing. They are public boat docks, not fishing docks. So, if the City of Newport really wanted, they could ban all fishing from the docks. As fisherman on the docks, you must also give right of way to boats approaching the docks which could include having to reel in and get your line out of the way.

LBSea
04-09-2009, 08:56 PM
I once had a Newport Cop tell me "If your having fun in Newport your probably breaking the law - now go home!" F-ing a holes!

craznazn
04-10-2009, 08:23 AM
i'd show the pics, but if i post them i have to black out everything because of the "lurkers"....

:wink:

rofl!!!!!!

contextminded
04-26-2009, 11:17 PM
I just received the ticket in the mail...$280! Damn you uncle Arnold! oh wells =/ At least I have an excuse to not buy my girlfriend another damn purse or a pair of shoes!

Lightline
04-27-2009, 12:01 AM
I dont understand, how do you cast if your on a a jetty?

If I cant do an over head cast should i do a bat swing cast?

City Dad
04-27-2009, 08:47 AM
And my favorite: $850 for practicing as a gynocologist without a state license!

... which is total BS!!! I can't count the number of nice girls I met that way!!!

jerryG
04-28-2009, 11:01 PM
11.20.030 Newport Beach Municipal Code

Overhead Casting.

No person shall cast or throw over his head or shoulders any metal or mineral weight or sinker attached to any fishing line or fishing tackle, on or from any dock, wharf, pier, breakwater, jetty, seawall, or sidewalk within the City. (Ord. 95-1 (part), 1995: 1949 Code 4229)

Just say you were using a hard bait (jerk or crankbait) or simply fly lining a bait a bait and you should be good.. It doesn't say anything about a hook and if no mineral or metal weight or sinker was used then you should be fine..

maxpowers
04-28-2009, 11:28 PM
I think the enforcement of the no overhead casting on the docks could have been a result of an incident or multiple incidents at the "M" street dock. From the story told to me, a girl sunbathing on the private swim platform close to the dock was bonked on the head by a careless angler casting in her direction. Also I think harbor patrol saw how aggressive the anglers were toward docking boats or boats driving by too close that they started to harass the anglers. From what I know, most Harbor Patrol will probably look the other way if you overhead cast at other public docks but not at "M" street. Anyways take that for what it worth.

PS I have witness too many anglers being unruly toward boaters and leaving behind trash on the docks. As much as it pained me, I see a lot of my people (Asians) who are guilty of this.

Mike

stwrtfn
04-29-2009, 08:55 AM
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS


Section 25. The people shall have the right to fish upon and from
the public lands of the State and in the waters thereof, excepting
upon lands set aside for fish hatcheries, and no land owned by the
State shall ever be sold or transferred without reserving in the
people the absolute right to fish thereupon; and no law shall ever be
passed making it a crime for the people to enter upon the public
lands within this State for the purpose of fishing in any water
containing fish that have been planted therein by the State;
provided, that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish
may be taken.

Skyler
04-29-2009, 09:19 AM
I once had a Newport Cop tell me "If your having fun in Newport your probably breaking the law - now go home!" F-ing a holes!

My game warden friend told me something similar when I asked about fishing off one of the islands at boulder bay (bbl). He said, "In California, if it's fun, it's probably illegal." Sad, but unfortunately true. It seems the fun police are out in full force lately trying to make up for the failing state budget. That's why I'm moving far away from this God-forsaken necropolis. I've had enough of the trespassing tickets on unposted land, a-hole cops, areas closed to access, and police helicopters circling me while hunting. I thought this was still part of the US. Apparently I was mistaken...

Skyler
04-29-2009, 09:25 AM
11.20.030 Newport Beach Municipal Code

Overhead Casting.

No person shall cast or throw over his head or shoulders any metal or mineral weight or sinker attached to any fishing line or fishing tackle, on or from any dock, wharf, pier, breakwater, jetty, seawall, or sidewalk within the City. (Ord. 95-1 (part), 1995: 1949 Code 4229)

Just say you were using a hard bait (jerk or crankbait) or simply fly lining a bait a bait and you should be good.. It doesn't say anything about a hook and if no mineral or metal weight or sinker was used then you should be fine..

Most hardbaits have metal balls in them for weight, so i would think that you are still technically casting a "mineral weight." Now flylining sounds like a nice loophole. Just chuck a whole mack or large smelt out there. Hey, I'll bet the SBB would dig a flylined senko too, he he. On another note, just learn how to throw a proper sidearm cast and you're good either way. That's how I cast in NPH (at least when the harbor patrol are around, lol).

Fish Dog
04-29-2009, 05:18 PM
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS


Section 25. The people shall have the right to fish upon and from
the public lands of the State and in the waters thereof, excepting
upon lands set aside for fish hatcheries, and no land owned by the
State shall ever be sold or transferred without reserving in the
people the absolute right to fish thereupon; and no law shall ever be
passed making it a crime for the people to enter upon the public
lands within this State for the purpose of fishing in any water
containing fish that have been planted therein by the State;
provided, that the legislature may by statute, provide for the season
when and the conditions under which the different species of fish
may be taken.

Such as no overhead casting....sorry.

Having said that I'm think its BS - I'm just pointing out the flaw in that argument.

ghetto dad
05-04-2009, 06:12 PM
My homie (who is hispanic) says he ALWAYS gets sweated down there....by both....

They have passed me over 100 times (both) since i have been fishing there, and have never messed with me, just waved...

hmmmmmmm.,,,,,,,,,,,

GD

Tail Chaser
05-04-2009, 07:47 PM
Maybe he did not like your casting technique.
It annoyed him, so he wrote you a ticket. :LOL: