Curfew Compromise : Coastal Panel, Long Beach Reach Accord in Effort to Curb Crime

The California Coastal Commission has settled a dispute with Long Beach that will allow the city to close its beaches at 10 p.m. in most areas in an effort to cut down on crime.

As a result of the accord, city officials said they will drop a lawsuit that sought court approval for the curfew.

Peter Douglas, the commission’s executive director, said Long Beach officials demonstrated enough evidence--about 250 arrests in beach areas during 1993--to determine that an earlier curfew was in the best interest of public safety. Beaches in the city previously were closed from midnight to 5 a.m. Most of the arrests involved disorderly conduct and curfew violations, according to commission staff members.

The unanimous vote May 12 by the commission, which has authority over coastal lands in the state, marks the second time in its 23-year history that members have allowed a city to set a beach curfew. The city’s midnight curfew was imposed before the commission was created.

Under the terms of the compromise, however, the public will have access to “wet sand” strips of beach near the water until midnight. Also, one beach area near the Belmont Pier will remain open until midnight. Tourists and residents often stroll in the area--between the pier and the Belmont Pool--after meals at nearby restaurants.

Long Beach also must hold public hearings every three years to determine if the curfew is still warranted, Douglas said.

The agreement will come before the City Council next week for formal approval.

The issue surfaced when the council voted for an earlier curfew last June, shortly after William Shadden, 26, a student at Cal State Long Beach, was shot and killed in Belmont Shore near the beach.

Councilman Douglas S. Drummond pushed for tighter restrictions on beaches and parking lots, saying that undesirables were loitering there and contributing to the city’s crime problem.

When Coastal Commission members learned of the council’s action, they told city officials that the new curfew--and the decades-old midnight to 5 a.m. curfew--violated the state Coastal Act, which guarantees public access to the coastline.

Commission staff members said the city could keep the midnight-to-5 a.m. curfew because it was enacted before the passage of Coastal Act in the 1950s. But the new curfew was too broad, they said, and the city did not demonstrate specific evidence of a crime problem.

City officials filed a lawsuit in Long Beach Superior Court, challenging the Coastal Commission’s authority.

Although signs listing the new 10 p.m. curfew were posted along the beaches, police did not enforce the restriction.

Douglas said the new curfew does not violate the Coastal Act because the ordinance does not prohibit access to public waterways.

“This protects both public access and public safety,” he said. “It was precisely the type of balancing we feel is important.”

Under the terms of the agreement, most beaches will be closed from 10 p.m. to 5 a.m., but people will not be cited for walking across the sand to get to the water line. People will be permitted to stand on the “wet” sand--defined as the sand wet as a result of waves or tide--to jog, walk, or fish. Swimming will also be allowed until midnight, Douglas said.

Drummond said he supports keeping the wet sand accessible.

“If someone’s out jogging on the wet sand it doesn’t bother me at all,” he said. “We have grunion runs and people who fish, and those activities should not be discouraged.”

Drummond said the congregation of troublemakers on dry sand was his main concern.

“It’s the loitering and partying and all the problems that come with it,” he said. “But we also wanted to make sure there were sections open for people who want to enjoy dry sand (until midnight), and regulate it so we can provide security.”

Access to the city’s 11 parking lots near beaches varies under the plan, and signs will be posted to alert residents, said Ralph Cryder, the city’s parks and recreation director. Some lots will be closed as early as one hour after sunset, while others will remain open until midnight. One boat launch ramp in Marine Stadium and a ramp near Golden Shore Drive will remain open 24 hours a day.

Douglas said he hopes the agreement with Long Beach could set a precedent for other Southern California cities in similar situations. Seal Beach, Huntington Beach, Newport Beach and other Orange County cities are negotiating curfew plans with the commission.

Last month, the commission allowed Coronado to set curfews on some of its beaches, Douglas said.