ticket for overhead casting at newport

[contextminded]

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]

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]

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]

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]

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]

HP has been bored lately, and all the new guys want to show you who is boss. LMS I think

[sansou]

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]

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. “A 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 “fine of not to exceed XXX� and the amount is greater than $50, then the bail shall be set at $50 (e.g. “a 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]

Nice job FishDog!

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

[Fishingmonkee]

why would he check your license when you're fishing off a public pier?