Hi Seevee
Agreed. I doubt there's any argument that a charter operator should have equal access to public property. In fact, that's guaranteed by California land use regulations and federal law. And yes, those same regulations provide for reasonable fees and restrictions, including zoning. Thus, I don't believe Joe Charter Boat owner is restricted from acquiring moorage for his boat at these private marinas, within limits of course. But here's the rub:
Those selfsame "fees and restrictions" at MDR marinas (and at ALL marinas I am familiar with) typically allow the slip lessor access and use of ONE slip, and the associated landside property and associated waterways as a consequence. And typically ONE parking place. So how does this privilege extend to his customers, with potentially multiple parking space requirements, which then must be "borrowed" from said charterer's slip neighbors in a VERY restrictive geography? Surely you're not saying "what is yours, is mine", are you?
To my knowledge, there are no inherent restrictions in MDR that preclude a charter operator from acquiring marina property (parking, fencing, slippage, office space, signage, waiting rooms, restrooms, etc.). There may well be zoning issues in play here, but that's kinda beside the point. There is very definitely financial issues at play. Said charter operator could then hypothetically run multiple charter boats out of his facility, for multiple customers.
But the valid objection by current charter operators in MDR (and San Diego, and I expect elsewhere as well) that DO expend the princely sums of money required to acquire this privilege, is their commitment is being ignored and abrogated by gypsy operators. Gypsy operators abuse private moorage with impunity.
And as mvweebles points out, this is NOT a waterways issue. It's exactly analogous of somebody running a major manufacturing enterprise from his garage in a zoned residential neighborhood. Not well thought of by the neighbors.
Regards,
Pete
