Beach Curfew Declared Illegal

Laguna Beach city officials will not abide by a California Coastal Commission edict banning curfews on city beaches without a permit, according to a letter issued this past Tuesday.

The city’s newly enacted 1 a.m to 5 a.m. curfew is set to take affect Dec. 4 and was deemed necessary for public safety reasons. Modeled after a similar ordinance in Long Beach, Laguna’s includes a curfew exemption for “wet sand” activities such as scuba diving to avoid running afoul of a state law requiring access to public waterways.

Nevertheless, a Nov. 13 letter from Sherilyn Sarb, coastal commission deputy director for the Orange County area, said the city’s curfew requires a coastal development permit. Without a permit, “…restrictions on the public rights of access constitute a violation of law exposing the responsible agency to possible enforcement actions,” she said.

“The city doesn’t agree that a permit is necessary and is not planning to apply for a permit,” Asst. City Manager John Pietig said on Monday. “However, we are reviewing the coastal commission’s letter and preparing a formal response that should be submitted next week. We’re trying to work out the issues with them.”

City officials disagree that a cur- few constitutes “development,” which would require a permit. Moreover, city officials maintain that a coastal development permit is unnecessary because the curfew was deemed necessary to abate public nuisances, citing 50 calls for police service between April and September. “These calls include responses to reported stabbings, kidnapping attempts, assault and battery, endangered children, public intoxication, illegal drug use, theft, vandalism and other illegal activities,” said City Manager Ken Frank in a letter issued to the commission. The letter also cites 80 e-mails with complaints about the use of beaches and parks for camping, lodging and the storage of personal belongings.

Verna Rollinger was the only councilmember to object to the curfew when it was adopted Nov. 2, although many citizens also dissented during the public comment period also. “I’m disappointed that we’re once again at odds with the commission,” Rollinger stated in a telephone interview Tuesday. “I don’t know why there’s so much difference of opinion. I wish we would do a better job of working together. I hope the city is fulfilling its requirements where the Coastal Commission is concerned. One way or the other, this is going to get resolved.”

Not knowing if the Coastal Commission’s objection to the curfew parallels her own until she reads further correspondence, Rollinger said enforcing a beach and parks curfew makes no sense. “It’s like saying if one person is speeding or we’re afraid that 20 people will speed, we’re going to shut down the roads.” She suggests the city address any illegal activity on the beach or in the parks on a case-by-case basis.

The Coastal Commission’s edict was prompted by a written complaint from Penny Elia, a 25-year-resident who successfully petitioned the state panel to forbid the establishment of a commercial kayak rental at Treasure Island Beach below the Montage resort. Elia formally appealed the city’s curfew ordinance but the commission said an appeal is not applicable until the city follows through with a coastal development permit.

“It takes away our public access, which is a pillar of the coastal act,” Elia said. “This is public land. It’s been a requirement for us to have coastal access since we entered the union in 1850.”

Elia said she enjoys snorkeling, scuba diving, swimming, walking and jogging along Laguna’s shores. “It’s not just me,” she added. “I’m talking about all of the public.” She and her husband also enjoy the beach late at night. “It’s such a very special thing to do,” she said. “Sometimes the moon is at this special trajectory at 3 a.m., not at midnight. It’s our right, that’s all. Goodness knows we get enough of our rights taken away from us.”

In her letter to the coastal commission, Elia made her argument for unimpinged coastal access, stating: “Title 10 Section 4 of the California Constitution memorialized the Public Trust Doctrine related to state tidelands and assures all people ‘maximum coastal access.’ The City of Laguna Beach continually attempts to circumvent the Coastal Act and exceeds its authority and jurisdiction in the Coastal Zone, while also violating the Public Trust Doctrine from Roman and English common law assuring ownership, protection and use of essential natural resources common to all people.”

The city modeled its curfew ordinance on one developed by Long Beach in the mid-1990s that has withstood legal challenges, City Attorney Phil Kohn told the council at an earlier meeting. But the commission’s letter directly informs the city that the wet sand exceptions do not hold water with coastal regulations.

“The exception provided in the City’s draft ordinance to allow direct access to wet sand for limited activities does not obviate the need to obtain a coastal development permit….,” Sarb’s letter stated. Officials could not be reached for comment at the commission’s office in Long Beach, closed due to mandated, unpaid furlough days and the Thanksgiving holiday.
Beach and Park Curfews in Orange County Coastal Cities
City Park Curfew B each Curfew
(Park Closure Hours) (Beach Closure Hours)
Dana Point 10 pm to 6 am No City Beaches
Huntington Beach 10 pm to 5 am 10 pm to 5 am
Pier and Pier Plaza
12 am to 5 am
Laguna Beach 12 am to 5 am none
Crescent Bay Park
Newport Beach 11 pm to 6 am 10 pm to 6 am
nlawful to sleep 9 pm to 9 am
San Clemente 10 pm to 6 am 12 am to 4 am
12 am to 6 am Sportspark
12 am to 4 am Beach
access parks
Seal Beach none 10 pm to sunrise
County of Orange Sunset to 7 am 10 pm to 6 am
State of California Sunset to 6 am 10 pm to 6 am
8 pm to 6 am
December to February