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Huntington
Beach Curfew Photo
Huntington Beach -- While on a
Huntington Beach vacation getaway,
you'll learn that there's a beach
curfew. The signs posted (see photo
of Huntington Beach Pier sign taken
in September 2006), state that
the beach curfew is from 10 p.m. to
6 a.m. What that means is that the
beach is closed during those hours.
You may not go on the beach. Some of
the most restrictive curfews are in
Orange County and Los Angeles County
where beaches typically close at 10
or 11 p.m.
In Southern California, the most
liberal beach hours are in San Diego
County, allowing surfers to surf
early, late or just about any time
they wish.
What makes these beach curfews
confusing (and sometimes annoying)
is the inability of those who either
work late, fish at night or simply
prefer staying up past 10 p.m. to
enjoy the beach and its fishing
opportunities, especially.
California State Fishing regulations
allow anglers to fish on the
waterline, even during beach
curfews.
The problem is that many of
the parking spaces are posted as
closed, thus not allowing cars to be
parked near the beaches where
fishing occurs. It's especially
difficult and confusion during
grunion runs, an event that garners
huge interest from the public. A
phenomenon that hold great
fascination, tour groups have even
requested to park at the beach
around midnight to watch these
exciting grunion runs. Yet, they
cannot do so because of parking
regulations and curfews in many
Southern California areas where
grunion spawn on the beach in what's
known as "grunion run."'
The California Coastal Commission
has taken on the task of mapping
beaches in California in efforts to
open access to beaches to the
public, unlike other regions and
coasts where private beaches exist
only for owners or guests.
Below are excerpts from the Coastal
Commission Meeting Documents.
Beach Curfews
RECOMMENDATION 28. The Commission
should ensure that all LCPs address
the nee
to balance public safety concerns
with public rights of access to
beaches and the ocean by
incorporating the Commission adopted
(7/12/94) Guidance on Beach Curfews.
Both the Coastal Act and the
California Constitution guarantee
the rights of all citizens to
access and use State tidelands. The
Coastal Act requires the public
access to the coast be
maximized. Because of this mandate,
the Commission has carefully
monitored the
imposition of local ordinances
imposing beach curfews. The intent
of these laws is to restrict
use of the public beach by hour
and/or location.
In the last several years, more
local governments have proposed
curfews for both beach
areas and nearby parking lots. These
curfews are generally in response to
citizen complaints
regarding criminal activities. While
the Commission is certainly
concerned about personal
safety, they also need to protect
the citizens at large and their
rights to access the beach.
Accordingly, in order to balance
personal safety with Constitutional
rights, the Commission adopted a Beach Curfew Guidance
document in June 1994. This Guidance
document details the steps that the local government
must take in order to meet the
Commission’s standards.
First, there must be an identified
and documented public safety hazard.
Then, all alternatives to deal with the hazard must be
identified and analyzed. Examples
include the use of additional police officers,
increased lighting, etc., instead of
closing the area off to the public. Once it has been determined
that there are no alternatives to
resolve the criminal problem, then the area to be closed
must be as small as possible. The
curfew must be limited in duration, for one summer or one
year. This temporary curfew often
alters pattern enough to disperse the criminal activity.
The Commission considered a proposal
by the City of Long Beach to impose
a City wide beach curfew. The Commission
determined that the facts before it
indicated that the area of criminal activity was centered in
one short location around the fire
rings. In that case, the Commission limited the geographic
area of the curfew to just the fire
rings.
In regards to parking lot curfews,
the Commission applies the same
standards. An additional concern with parking lots, was to
ensure that there was still
sufficient parking in the area to supply the needs of nighttime beach
users. Generally this means
sufficient on street parking. The overriding concern is to ensure
that parking lot curfews do not
result in a “residents only” beach area during curfew
hours. Local residents can walk to
and use the beach but visitors still need to park their
cars. The beach and parking lot
curfews must treat all (law abiding) citizens the same.
4. Managing competition among users RECOMMENDATION 29. The Commission
should encourage local governments
to include beach management plans in
their LCPs when they are updated.
Such plans should include elements dealing with such
matters as encroachments, signs,
temporary events, and beach curfews.
Increasing use of shoreline areas
can frequently lead to conflicts
among users, particularly when an increase in use is combined
with an increase in types of
activities. New technologies often lead to new types of
recreational activities, such as jet
skiing or mountain-bike use on beaches. These emerging
technologies, and future ones, often
lead to conflicts with users of more “traditional” activities. For
example, conflicts may occur when
personal watercraft and swimmers share the same area. The
extent and type of conflicts are
highly dependent on the characteristics of a site and the
density of users. Managing sites for
conflicts becomes more important as use and types of
activities increase.
While a certain amount of competing
use is probably inevitable at most
sites, conflicts can lead to public safety concerns and a
loss of recreation quality and
access opportunities. In these cases, conflicts need to be
addressed. Established management
techniques can be central to balancing public safety
concerns and ensuring maximum access
by minimizing >conflicts among users. The primary
goal for public beaches is to ensure
all forms of appropriate activities within the
constraints of the site.
The desire
for a specialized activity should not preclude general
recreational use of the site.
Managers must strike a balance between those specialized activities
suitable to the site and more
general recreation use. To ensure that all their uses are
properly managed, a beach management
plan should be developed for major recreational
sites where competition for use is
an issue.
For example, the City of Santa Cruz has developed
a beach management plan for the
City’s main beach area. This mile long stretch of sand
is heavily used. Beach uses include
passive recreation such as picnicking and walking and
more active programs such as junior
lifeguards. Active water uses include kayaking,
surfing, swimming and fishing (both
from shore and from boats). Paid professional sporting
events are held on the beach as
well.
Commercial facilities include the popular Santa Cruz Beach
Boardwalk casino and rides (which
draws 3,000,000 visitors per year), and the Santa
Cruz Wharf, which has dozens of
restaurants and shops and hundreds of parking spaces. In
addition, the San Lorenzo River
flows into Monterey Bay at this beach area. A beach berm
naturally builds in the summer,
creating a lagoon behind it. Because the water is warm and free
of waves, it is a popular children’s
play area. However, due to both high levels of pollution
in the water and upstream flooding,
the City has often breached the bar so the water can
drain into the bay. Thus, the issue
of resource protection, for the wildlife that depends upon
the river, as well as human health
protection from polluted water, is also raised.
Because all of these activities are
in such a concentrated area and
because of the need to manage all these uses to maximize
public use, minimize conflicts, and
to protect natural resources, a beach management plan
is an appropriate tool to accomplish
this goal. It is important to remember that any
action taken in a management plan
must consider the effect of that plan regionally: for
example, if one location restricts a
certain activity, other beaches may become more crowded as users go
to other sites, or sites for that
activity may no longer be available.
If sites are suitable
for specialized activities, such as
hang-gliding or horseback riding, those uses must be managed
so as not to significantly impact
other recreational uses. Priorities on use should be based on
an assessment of types of uses,
which uses are compatible with site constraints,
and the extent of competing uses.
Setting regional priorities and locations for different uses can
help assure a diversity of
opportunities in a region, while minimizing spillover and other
unintended effects from management
actions at a single beach. For example, if three beaches
in an area are managed by different
entities, and all prohibit a specific activity, the
region-wide demand for that activity
may not be met; a regional review of the problem can
help to assess whether the activity
can be accommodated at least at one of the beach areas.
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