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Ocean Front Walk Ordinance In Effect; Midnight Curfew on Venice Boardwalk

The new Ocean Front Walk Ordinance that puts limits on commercial vending on the Venice Beach boardwalk goes into effect and includes a midnight curfew on the boardwalk.

The new that amends Los Angeles Municipal Code 42.15 to regulate vending and performances on the Venice Beach boardwalk went into effect Friday as some of its nuances continue to unfold.

Lt. Paola Kreefft of the Los Angeles Police Department told the Venice Neighborhood Council on Tuesday that officers will start enforcing a previous city regulation that prohibits any person from being at Venice Beach Park, including Ocean Front Walk, between the hours of 12 a.m. and 5 a.m. The enforcement of the park's hours became part of the plan to enforce the new vending rules, which prohibits overnight camping for vending spots.

"That obviously means that the park is closed to everyone, you can't sleep in the park overnight, you can't enter the park overnight, you can't linger and you can't loiter," she said. "It's going to be applied universally, not just to people who like to stay overnight in the park, but people who live in the area won't be able to walk on Ocean Front Walk after midnight."

The police department understands that there are homes and businesses along Ocean Front Walk and people will be allowed to walk to their homes and from a business to a parking lot.

"But if anyone wants to take a midnight stroll through the park, that's not going to be allowed," Kreefft said.

The VNC board has been supportive of the Ocean Front Walk ordinance, said VNC President Linda Lucks to Kreefft, but the part about the park closure was new information and not brought before the board.

VNC member Ivonne Guzman said she felt the overnight park closure was "taking a lot of our freedom away" and noted that she sometimes enjoys a midnight bike ride. 

VNC community officer Cindy Chambers said the closure of the park goes against the California Coastal Commission findings and said the park and its boardwalk should remain open to the public.

The VNC's Neighborhood Committee on Monday will hear from representatives from Los Angeles City Councilman Bill Rosendahl's office and residents on the newly posted rules at the Oakwood Park Recreation Center.

Meanwhile, the City of Los Angeles has recently decided to allow henna skin art on the west side of the boardwalk, whereas previously it had been banned.

Managing Assistant City Attorney Valerie Flores said that due to public confusion over a recent 9th Circuit Court of Appeals' case, the City of Los Angeles has decided to allow henna applications on the boardwalk. 

Henna artists will have to provide all applicable licenses to practice and must prove they are using non-toxic materials, Flores said.

The Los Angeles Department of Recreation and Parks may in the future adopt regulations to ensure compliance with these rules, Flores said.

The City Attorney's Office said the LAPD will begin enforcing L.A.M.C. 42.15 this weekend, as they finalize posting signage and making documents available to the public.

The new ordinance, which was approved Dec. 13 by the Los Angeles City Council, revises and defines the exact items that will be prohibited and allowed to be sold on 205 spaces on the western side of the boardwalk.

The ordinance would ban the sale of common items with a "non-expressive purpose," such as clothes, sunglasses, incense, candy, crystals, oils, jewelry and toys.

Vendors will still be able to sell books, paintings, recordings, sculptures or other works they have created.

The new ordinance also puts in place noise restrictions for performers and prohibits any vending from sunset to 9 a.m. and overnight camping for vending spots.

ralph bellamy January 20, 2012 at 11:55 pm
Can't believe the police are using the community's desire to rid itself of junk-vendors on the boardwalk as an excuse to impose draconian and unconstitutional restrictions on freedom of movement on the Boardwalk. People sleeping overnight on the walk or the beach...people loitering and presenting a public nuisance, danger or disturbance of the peace...late-night beach parties...all of these conditions can reasonably be prohibited...but WALKING down the Boardwalk? Give me a break. People live there and even when they don't, it is adjacent to the coast and the laws regarding free access to the coast are clear...the city has no legal right to prevent public use of a public thoroughfare (the Boardwalk) at any time. Why does the city want to invite a constitutional fight it can only lose? All this does is muddy the waters around the issue that everyone would otherwise agree on - the ejection of illegal vendors from the Boardwalk. What is the city taking Stupid-pills?
RDJ January 21, 2012 at 02:56 am
Great idea; lets hope this would stop the police helicopters from bothering the Venice residents all during the night when we are trying to sleep! Keep the beach free for the wildlife as they are the true residents.
Let freedom ring and keep taking those stupid pills.
catman January 21, 2012 at 11:28 am
And once again the Venice Gentrifiers pressure their buddies in the city government to pass a law that will have unintended consequences. Just like when you took everybody's RVs away from them and instead of moving on like you hoped they would they just ended up stranded and sleeping on the Boardwalk, now you're going to have them sleeping on the sidewalks in front of your McMansions. And I for one can't wait for when the City Attorney has to explain to a judge why he thinks the Jones Settlement only applies to Skid Row. It's a battle he's going to lose. And when its all over I'd like to see the whole bunch of you forced by a judge to go back and take a basic High School Civics class in the U.S. Constitution and the Bill of Rights because you all must have slept through the part where you were taught that these rights apply to everybody, not just people with money.
killerweed January 21, 2012 at 02:03 pm
If the clowns behind the overnight curfew bothered to talk to any of the "overnighters" on OFW instead of just sneering at them, they'd learn that the police have dropped the ball on busting the drug dealers who are making things unpleasant for sleepers, local residents and visitors alike. The result is this arguably illegal (see: California Resources Code) curfew that infringes on EVERYONE's freedom and still won't keep away drug dealers (or the homeless, for that matter) during the day and evening hours. Maybe a little professionally conducted law enforcement is what is needed, not an idiotic curfew.
As long as we have our community under the thumb of a bunch of myopians (that includes ALL of them, from the elected officials to the police to the real estate mafia and its cheerleaders) who whose mindset is like, "If all you have is a hammer, everything looks like a nail," we'll be trapped between the powers that be and the "1% Wanna-be's." Good luck to the rest of us.
ralph bellamy January 21, 2012 at 05:00 pm
Actually, Jay, I am a little bit with you on this...it's only midnight to dawn, not THAT much of an inconvenience when you consider the handle this gives the authorities in controlling the truly undesirable types who live on the beach and boardwalk at those hours...if it just wasn't such a blatant assault on freedom itself...all I want to see is the right to WALK or BICYCLE along OFW - and the right to stop and sit long enough to catch your breath (a reasonable period of time...say 10 minutes) left alone...certainly they can outlaw loitering, camping and partying during those hours...but that is a whole lot harder for the cops to enforce, so it's a conundrum...at the moment I can live with the unconstitutional ban on being on the boardwalk, but i'm extremely uncomfortable about the implications...
ralph bellamy January 21, 2012 at 05:02 pm
excellent comment, weed
Forever Plaid January 21, 2012 at 05:06 pm
"But if anyone wants to take a midnight stroll through the park, that's not going to be allowed."
Beaches: Manhattan: 12.08.180 - Beach loitering. No person shall loiter on any beach between the hours of 12:00 midnight and 6:00 a.m. of the following day in a manner that is not usual for law abiding individuals under the circumstances and warrants alarm for the safety of persons or property in the vicinity. Hermosa: 12.20.210 Loitering . No person shall loiter on any portion of the beach or strand at any time during the hours of twelve midnight and six a.m. of the following day. (Prior code § 5-23) Redondo: The Pier itself is open 24 hours a day for walkers, fisherman, and business patrons. Santa Monica: 4.08.091 Park closure. (a) No person shall enter, remain or be present in any of the following City of Santa Monica parks between the hours of eleven p.m. and six a.m.: ... (2) Beach Park #1; (3) Beach Park #4 (Lifeguard Headquarters); ... (b) No person shall enter, remain or be present in Palisades Park between the hours of twelve midnight and five a.m. (c) This Section shall not apply to any public sidewalk immediately adjacent to any public street or highway, or to any street or highway which traverses any park, including the Santa Monica Municipal Pier access road or walkway... Lifeguard stations are staffed during all daylight hours – though the lifeguard headquarters provides 24-hour assistance year-round. Q.E.D: City Council needs new counsel.
David Ewing January 21, 2012 at 07:49 pm
Councilman Rosendahl and City Attorney Trutanich are eager to lead the charge for law and order, except when the law is the California Coastal Act. Then they are eager to pretend it doesn't exist or doesn't apply, no matter what the courts have ruled for over three decades.
If we want curfews for the beach and the boardwalk, there's a simple procedure to be followed to do it legally. It's there to protect us from scofflaws, including those in public office. The City Attorney should be dedicated to protecting the rule of law, not running roughshod over it. Is it smart or ethical for the Councilman to demand police enforcement of an illegal curfew? Does it really build community respect for the law when police hand out citations that are routinely tossed out of court? That is just harassment, not law enforcement. Do we as citizens really want to turn a blind eye to police systematically violating state law for the sake of political convenience? By the way, I don’t believe the cops are doing this intentionally. They’re enforcing a City ordinance that’s on the books. The City Attorney is telling them it’s okay, and the Councilman could care less about niceties like obeying state law, because he assumes the C.A. can fix things for him in a backroom deal with State lawyers.
David Ewing January 21, 2012 at 07:49 pm
Rosendahl has some reason for his confidence. The Coastal Commission’s enforcement and legal staff have been as timid as the City has been lawless. Their response to flagrant lawbreaking has been to offer the City almost everything it wants if the City will only say, “may I?” In other words, it is willing to surrender the substance of its jurisdiction in order preserve the form -- and save face without a fight.
The question now is whether the Commission itself will go along with this pantomime. It has not in the past, but now it is largely a new commission, and new commissioners tend to rely more heavily on staff’s advice. Some would see such a deal as a victory for Venice residents. They may not understand how vital the Coastal Commission has been in enabling residents to protect Venice from overdevelopment and privatization. Without enforcement of the Coastal Act, we would not have the Venice Coastal Zone Specific Plan, let alone the coastal Land Use Plan. Speculators who long ago bought up beachfront properties to build high rises would have turned Venice into Miami Beach decades ago. They still own those properties, waiting for the moment when the stars align -- when local politicians are sufficiently pliable and the Commission falters in its resolve. We need to realize who our friends are.
carole frick January 21, 2012 at 08:54 pm
when is local governance going to understand what they HAVE in Venice Beach (the widest most beautiful expanse of beach in So Cal), and stop focusing on the negative? Venice needs a vision for the future!!
ralph bellamy January 21, 2012 at 10:48 pm
wow-great posts, david...my understanding is that the CC is afraid of legal actions by the city because the city has unlimited resources to devote to such an undertaking and the CC does not... but this is not just a CC issue, it is a constitutional one... the right of public access is established whenever a thoroughfare having ingress and egress is systematically used by the public for X amount of time...it then BECOMES a "public thoroughfare" under Federal law... and the public's right to access and use it cannot be restricted other than in ways which meet the criteria of "reasonable time, place and manner"...for instance, it is reasonable to restrict someone's free-speech right to use an amplifier to scream political slogans when such activity is taking place next to a surgical recovery unit of a hospital at 3:00 in the morning because the time, place and manner of such otherwise constitutionally-protected free speech is unreasonable...there is nothing unreasonable about me walking the boardwalk at 4:00 A.M., hence the city LOSES a class action lawsuit brought to address its violation of the Constitution... and pays a LOT of money to the petitioners... and their curfew gets protruded up a part of their anatomy where the sun does not shine...
David Ewing January 21, 2012 at 10:54 pm
Well I'll be damned! Welcome to the fracas!
venicepower January 22, 2012 at 12:13 am
This ordinance expresses a new low in cynicism and disregard for the rule of law.
The City Attorney knows full well that the ordinance will be declared illegal. Wasting our dollars on such a belligerent contrivance, simply in order to appease a few frustrated residents and coastline developers, is downright criminal. But for the City Attorney to declare such an action illegal would be a conflict of interest - he'd have to arrest himself. And no, helicopter flights will not decrease - they will increase: Those who now sleep near the beach will have to move inland. Criminals will continue to use them as camouflage. Neighborhoods will become more noisy, not less. Proper enforcement is challenging enough without creating the kind of extra discord that this ordinance will bring. One has to wonder whether dividing the community is the City Council's underlying goal.
Alex Rose January 22, 2012 at 01:29 pm
For what it is worth, there has not been strict enforcement of the curfew yet-- likely because the police have priorities. I willfully disobeyed the new code and took a quiet and peaceful walk down the boardwalk at 1ish on Saturday morning.this is something I have often done and am hopeful I can keep doing it. I passed an LAPD patrol car that was idling and the two officers waved back to me. But, as other commenters have acknowledged, this legal solution is unsustainable and am unclear what the curfew attempts to solve. I'm disappointed and confused why a curfew was collapsed into the vending concerns, anyone have insight into why City Attorney's office and the others revising the code took this approach?
ralph belamy January 22, 2012 at 03:15 pm
I THINK I GET IT! It suddenly occurred to me that the courts have ruled that no law can be passed outlawing involuntary function. Since one cannot avoid going to sleep, the court has said that no law may be passed prohibiting a homeless person from laying down on a public sidewalk and sleeping - only that such activity may be restricted as to reasonable time, place and manor. As a result, the venice homeless have been restricted to sidewalk sleeping only between 9PM and 6AM and mostly been herded to the two block area just south of Rose Ave. on 3rd. st. Recently, though, the homeless have opted for sleeping on the Boardwalk in record numbers - citing the protection to do so afforded by the courts. The city - by declaring the Boardwalk to be part of a "park" (it isn't - it is a public-access thoroughfare and enjoys all of the Constitutional protections of one) gains the "right" to "close" the area during certain hours and prohibit use ("sleeping" and other forms of occupation). This is why the ordinance is so adamant in declaring the Boardwalk to be a "park" and this is the justification the City hopes to use in its defense. I understand the desparation of local residents over the homeless blight to the neighborhood, and such ordinances ARE legal for parks...but, again, the Boardwalk is NOT a park, or part of a park, but a public thoroughfare (having ingress and egress) upon which the legal right of "public access" has been established by continuous public use.
David Ewing January 22, 2012 at 03:50 pm
To co-opt anyone who wants the vending ordinance? By putting the two together, you can’t have one without the other. I’d assume it’s motivated by politics, not policy.
David Ewing January 22, 2012 at 03:51 pm
Ralph,
Thanks for your excellent posts. In your response of one of mine you say, "..my understanding is that the CC is afraid of legal actions by the city because the city has unlimited resources to devote to such an undertaking and the CC does not..." I’ve heard the same thing. It is a shame that the tiny, defenseless state of California (budget $129.5 billion) is getting sand kicked in its face by the big, bad City of Los Angeles (budget $6.5 billion). The City is so broke it’s had to lay off workers by the hundreds but seems to have bottomless pockets when it comes to this pointless pissing contest. It would be interesting to know just how much the City has spent on this and other recent Venice adventures. As far as where the homeless sleep and why, the C.A. is now claiming the Jones Settlement, which expressly allows the homeless to sleep on sidewalks from 9PM to 6AM, applies only to the skid row area. The settlement contains no such limitation. What venicepower calls “a new low in cynicism,” the City Attorney probably thinks of as an “aggressive position,” meaning he knows it’s crap but by the time anyone successfully sues, the City will have bought the time to do its dirty work.
Eddie Zero January 30, 2012 at 02:24 pm
Dave Ewing skid row is calling you. Time to move on Dave. Venice is tired of your nonsense. And Dave don't let the pepper spray hit you in the ass on your way out of our community.
Susan June 23, 2012 at 01:13 pm
My husband my dog and I were returning from Sta Monica last night around 1AM Arriving at Westminster,we were told OFW was closed. I asked Ofcr Bermudez about the legality of closing OFW to residents, and asked to speak to a supervisor as I believe he was wrong about the right to apply this code to people who are returning to their homes. He said to go home via Speedway and I asked for a police escort if we were forced to leave OFW and walk Speedway instead. I was told that wasn't possible and that if I continued down OFW I could be cited and/or spend the night in jail.My husband wasn't being threatened I guess cuz he wasn't asking questions.Bermudez and Sgt Evans walked away from us and we decided to let it drop. We started to walk down Westminster heading for Speedway when the police yelled at ME to stop. I did and then asked if I was being detained.Evans said yes, I was being detained, and instructed officers to handcuff me. I asked again why I was being detained, and why I was being handcuffed. The only answer I got was that I was walking on OFW after midnight. No explanation for the cuffing, no explanation for why I was cited but not my husband. I do not know why I was handcuffed, and cited, when my husband wasn't--except that it was I who was asking questions, and I who asked to speak to a supervisor. Asking questions is evidently an offense these days.
Susan June 23, 2012 at 01:17 pm
FYI, if you aren't aware, maybe because you don't live between OFW and Pacific, so probably aren't down here at night, Speedway stinks of urine and trash, has no sidewalk, no good lighting, walk streets full of transients who have been shooed off OFW, and cars that fly at top speed at that hour. Very scary place to walk. But evidently, so is OFW now that LAPD has their new marching orders. What is happening to our civil liberties, folks?
Alex Rose June 23, 2012 at 10:25 pm
Susan-- Can you share more details? You were put in handcuffs last night? Did you get a ticket? Were you arrested? How long were you detained until you were allowed to go home?
Spirit Of Venice June 23, 2012 at 11:35 pm
Susan, it sounds to me like you have the makings of a lucrative lawsuit against the city. Check with a lawyer.

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