Beach Curfew Runs Afoul of State Law, Panel Says : Ordinance: Restrictions were intended to deter crime, but the reduced hours appear to clash with a state guarantee of public access, the Coastal Commission says.

LONG BEACH — Councilman Douglas S. Drummond moved with resolve after the Memorial Day slaying of a young man in a seaside neighborhood, persuading the City Council to expand the city’s beach curfew and reduce coastal parking lot hours to deter crime.

But the council’s good intentions clash with state law that ensures public access to the shoreline. And now it appears the California Coastal Commission may require Long Beach to do away with its beach curfew altogether, in addition to rescinding the new restrictions.

Long Beach has closed its beach from midnight to 5 a.m. since at least the mid-1950s, city officials said.

The new beach curfew begins two hours earlier, running from 10 p.m. to 5 a.m. Neither of the curfews applies to fishing.

A furious Drummond has asked City Atty. John R. Calhoun to come up with a legal strategy to enable Long Beach to do what it wants.

“It’s very important for us to maintain home rule over our beaches,” Drummond told the City Council on Tuesday. Calhoun is to report back to the council Jan. 4.

The controversy surfaced shortly after William Shadden, 26, was killed, allegedly by teen-agers who wanted to steal his bicycle. The slaying took place in the relatively peaceful Belmont Shore, which is in Drummond’s council district.

The councilman appealed to his colleagues to tighten beach and parking lot restrictions, saying that undesirables were loitering on the coastline and contributing to the city’s crime problem.

Gangs congregate, and drug dealing and other criminal activities take place at beach parking lots, Drummond and residents said.

The Belmont Shore Improvement Assn. was one of the homeowner groups that supported the restrictions.

“I’m not in favor of leaving the darn parking lots open late because we get too many gang members around here,” spokesman R. Al Morrison said this week.

Long Beach police say they do not track beach crime separately and have no evidence to indicate that it is on the rise.

The council approved the new restrictions in June.

In addition to limiting beach access, the city began closing several beach parking lots at sunset instead of 10 p.m. or midnight, and others at 8 p.m. or 10 p.m., two hours earlier than before.

In general, the Coastal Commission more readily accepts local restrictions on parking lots because street parking is available to people who want to use the beach late at night.

The council action was not unusual. Numerous cities have moved to restrict beach use in recent years, a Coastal Commission official said. Beach-related crime, the need to reduce city spending and political pressure from beachfront residents are the main reasons for the restrictions.

But officials in many cities, including Long Beach, did not know they must secure a permit from the Coastal Commission before restricting access to beaches or beach parking lots.

The Coastal Act of 1976 requires broad access to the coastline, which is public property.

When Coastal Commission officials caught wind of Long Beach’s action, they notified city officials of the violation and instructed them to appear before the commission for a permit.

The commission ruled Oct. 14 that the city did not have good reason to close its beaches at night or reduce hours in most of the parking lots.

In other cases, the Coastal Commission has approved beach parking lot restrictions, but never ongoing beach curfews, Commission Executive Director Peter Douglas said in an interview this week.

“The commission has an appreciation for and understanding of the problems that local governments are facing,” Douglas said. But, he said, beaches are public property and everyone has the right to walk in the sand and enjoy the sea.

Douglas said the commission will reconsider its decision to force Long Beach to abolish its curfew. He said the commission’s lawyers are researching whether restrictions predating the Coastal Act are legal. If so, Long Beach could keep its original midnight-to-5 a.m. curfew.

Shortly after the decision in the Long Beach case, Douglas sent letters to the state’s 73 cities and counties with coastal access requesting information on any recent actions restricting beach use.

Many cities have such restrictions. Seal Beach, for example, had a curfew in effect for years, barring beach activity from midnight to 4:30 a.m.

But the Seal Beach City Council, in an attempt to deter crime, decided in April to move the starting time of the curfew to 10 p.m., said City Clerk Joanne Yeo.

Douglas said the commission will require cities such as Seal Beach to apply for a permit. At that time, the commission could very likely order the city to rescind the recently approved restrictions, and possibly the longtime curfew.

“We’re seeing a very steady increase in these restrictions, and that’s very alarming,” Douglas said.

Beach and Coastal Parking Lot Restrictions

The Long Beach City Council has restricted hours of access to beaches and some shoreline parking lots and ramps, but the California Coastal Commission says public access to the facilities must be increased.

Place Long Beach Hours Public beaches 5 a.m. to 10 p.m. Shoreline Aquatic Park 5 a.m. to sunset Marine Park lot 5 a.m. to sunset Alamitos Avenue lot 5 a.m. to 8 p.m. Junipero Avenue lot 5 a.m. to 8 p.m. Granada Avenue lot 8 a.m. to sunset Granada Avenue launch ramp 8 a.m. to sunset Marine Stadium ramp 8 a.m. to sunset Boathouse Lane lot 5 a.m. to 8 p.m. 72nd Place lot 5 a.m. to sunset Claremont Avenue launch ramp 8 a.m. to sunset Colorado Lagoon north lot 8 a.m. to sunset Colorado Lagoon south lot 5 a.m. to sunset

Place Commission-Mandated Hours Public beaches Unrestricted Shoreline Aquatic Park 5 a.m. to 10 p.m. Marine Park lot 5 a.m. to 10 p.m. Alamitos Avenue lot 5 a.m. to 10 p.m. Junipero Avenue lot 5 a.m. to 10 p.m. Granada Avenue lot 5 a.m. to midnight Granada Avenue launch ramp 5 a.m. to 10 p.m. Marine Stadium ramp 5 a.m. to 10 p.m. Boathouse Lane lot 5 a.m. to 10 p.m. 72nd Place lot 5 a.m. to 8 or 10 p.m.* Claremont Avenue launch ramp 5 a.m. to 8 or 10 p.m.* Colorado Lagoon north lot 5 a.m. to 8 or 10 p.m.* Colorado Lagoon south lot 5 a.m. to 8 or 10 p.m.*

* Closure is at 8 p.m. during Standard Time and 10 p.m. during Daylight Saving Time.

Source: Long Beach city officials