Beach, park curfew adopted

Folks will be banned from city beaches and parks for four early-morning hours unless they are engaged in “wet sand” activities.

The City Council voted 4 to 1 Tuesday for a revised ordinance that will close Laguna’s parks and the dry sand on city beaches from 1 to 5 a.m., with certain exemptions. The exemptions were added to the original version in response to pleas from divers and residents and to address potential difficulties with the California Coastal Commission about beach access.

“We have included wet-sand activities such as walking, scuba diving, jogging and fishing,” Assistant City Manager John Pietig said.

Access to the wet sand must be by the most direct, safe route available. And no lingering is allowed.

Bonnie Hano foresaw some problems.

“I am not going to be running on the beach at night,” she said. “But if I was running and I wanted to rest, do I have to sit in the wet sand with the waves coming up?”

Councilwoman Verna Rollinger opposed the curfew.

“Illegal activities should be handled directly and not shut down the beaches and parks for everyone,” Rollinger said.

With the passage of the ordinance, Laguna joins the neighboring communities of Dana Point and Newport Beach, among a total of 21 researched by city staff that have established curfews.

The word “safe” was added to the ordinance at the meeting at the request of Marshall Krupp, spokesman for Orange County Ocean Foundation. He asked for “safest” to be added, but City Atty. Philip Kohn advised “safest” implied a singular route.

As for other suggestions by Krupp, Kohn said, “The language was not pulled out of thin air.”

It mirrors a Long Beach ordinance with Coastal Commission input, Kohn said.

Asked what prompted the ordinance, Pietig said it was one of the actions taken to reduce illegal activities in the beaches and parks, which had increased dramatically in the first nine months of 2009, compared with the first three quarters of 2008.

Mayor Kelly Boyd, who had proposed a curfew in July that he took off the table in the face of public opposition, said the ordinance was not directed at the homeless population.

Scott Wright disputed the disclaimer, claiming the city proposed the ordinance because it couldn’t deal with the homeless situation in the parks.

“How dare you steal our beach from us,” railed Doug DuMaurier, who identifies himself as a longtime homeless resident of Laguna. “We know this is aimed at the homeless.”

Members of the public and business community have complained to the council about conduct of the homeless who have been sleeping and eating in downtown parks and on beaches. The complaints have risen in number and passion with the perceived increase in the homeless occupation of the parks and beaches and reported antisocial behavior since the American Civil Liberties filed a lawsuit in December that forced the city to allow the camping unless it provided an alternate sleeping site.

Police presence in Heisler Park and downtown beaches was bumped up, resulting in more reported city code violations.

However, City Manager Ken Frank said Top of the World and Arch Beach Heights residents were also complaining about activities at Alta Laguna and Moulton Meadows parks.

The new ordinance will go into effect Dec. 5.