Beach Curfew Rules Loosened

At the insistence of the California Coastal Commission, the City Council accepted staff recommendations Tuesday to lighten up recently enacted curfew rules at city beaches.

The city had previously allowed only what it classified as “wet sand” activities to take place between the hours of 1 and 5 a.m., which included scuba diving, fishing, jogging and walking. Any other activity was not allowed.

The Coastal Commission is requiring the city to extend the area for nighttime beach activities by 20 feet into the dry sand when the tides allow. It also is requiring the city to stipulate that grunion running activities, surfing and swimming are also permitted in the wee hours. The purpose of the 1 to 5 a.m. curfew, which became effective last Dec. 4, is to keep transient people from sleeping in city parks and on city beaches.

The Coastal Commission informed city officials of the need for a coastal development permit to enforce the curfew ordinance. City officials disagreed on the grounds that a curfew does not constitute development and that the regulation will help abate public nuisance, an issue exempt from the California Coastal Act.

Nevertheless, rather than contest the matter, city officials conceded and applied for a coastal development permit despite their position that one is unnecessary.

“With those changes,” said Assistant City Manager John Pietig, “the executive director [of the Coastal Commission] has indicated that he and his staff would not oppose the ordinance or the issuance of the coastal development permit.”

Councilwoman Toni Iseman asked Pietig if there could be a sign that solely states what people can’t do on the beaches, specifically sleep.

Pietig said there are myriad signs listing prohibitions that could be consolidated. “I think we can come up with some signage that conveys the message,” he said, adding that the ordinance virtually shuts down all use of beaches and parks from 1 to 5 a.m. except for the specified activities.

The only areas that these activities are allowed is in the wet sand or in the adjacent 20 feet of dry sand,” he said.

Iseman then asked in jest, “So, it’s okay to sleep in the wet sand?” To which councilman Boyd offered the come-back, “Only if you have scuba gear.”

Councilwoman Verna Rollinger voted against the modified curfew ordinance, as she did the original ordinance last year, opposing any time restrictions on city parks and beaches.

“I can’t wait to see what the sign looks like that describes what one can and cannot do between one and five,” Rollinger said. “I’d like to suggest that people bring a flashlight so they can see where the wet sand and the dry sand meet so that they don’t inadvertently violate the ordinance.”