Long Beach empowers city manager, police to restrict beach access without declaration of emergency
Long Beach City Police on the beach at sunset on June 16. A large crowd and subsequent shootings days earlier led to new restrictions, including closing the beach from dusk until dawn. Credit: Jim Staubitser
Long Beach has authorized its police commissioner and city manager to close or limit beach and boardwalk access without issuing a declaration of emergency under an amendment to the city code adopted recently in a vote that split along party lines.
At the July 16 city council meeting, City Manager Daniel Creighton said the city code should be explicit in authorizing the city manager to close the beach rather than relying on several sections of the city code and state law. Extending it to the police commissioner was necessary, he said, in case the city manager is unavailable in an emergency.
“Some may feel this authority already exists,” Creighton said. “But I did not see it explicitly stated in the code. Therefore, out of an excess of caution, we just ...thought it was prudent to formalize it.”
City officials have sought to crack down on unpermitted gatherings after more than 2,000 mostly teenage revelers converged on the beach in June for a “senior cut day” celebration advertised on social media, Newsday previously reported. The event later became violent and one person was charged in the second of two shootings, officials said.
On June 27, the Nassau County District Attorney's Office indicted a 15-year-old boy on charges he sprayed the inside of a crowded Long Beach train station with bullets after the crowd was escorted off the beach, officials said. No one has been charged in the initial shooting, the district attorney's office confirmed Thursday.
On the day following the shooting, Creighton declared a 30-day state of emergency and imposed new restrictions, closing the beach from dusk until dawn and requiring paid beach passes seven days a week. The beach closure order expired after four days, city spokesman John McNally said in an email Monday. The city council on June 18 approved the early requirement for beach passes seven days a week rather than the previously scheduled June 28.
The amended code requires the city manager or police commissioner to file a memo with the city clerk to close the beach. The city council can override the decision by majority vote.
Prior to the amendment's adoption by a vote of 3-2, the city manager and police commissioner could order the beach "cleared" but could not close it without a declaration of emergency, McNally said in email.
City officials cited state law regarding local emergencies and the city code regarding policing to justify those actions.
State law gives a local executive who declares a public emergency power to issue orders to protect life and property and to bring the emergency under control. The city code gives the city manager authority to order the police to prevent or suppress public disturbances, mobs or riots.
The three Republican members of the city council voted to approve the change while the two Democratic members voted against it.
Councilman John Bendo, a Democrat, said he agreed with the majority that clarity was needed to give the city manager the authority to close the beach in an emergency without relying on state law but it shouldn’t give him carte blanche authority.
“I’m not comfortable with the wording as it's written right now because it doesn’t require any reason for the city manager to be able to close the beach and the boardwalk,” Bendo said. Under the amendment, “They can do it whenever they feel like it as long as they file a memo and I don't think that was the intent of this.”
Councilman Roy Lester, a Democrat, said the amendment was “totally unnecessary” because the city manager and the police already had authority under city and state law to address emergencies. He also read a section of the city code that said the city council had the authority to deal with disorderly assemblages.
Council vice president Chris Fiumara, a Republican, said the fact that the amendment didn’t require an emergency to close the beach was a positive step.
“I actually like that it doesn't have a specific reason,” Fiumara said at the meeting. “It's more at the discretion of the city manager. That way we're prepared for any unforeseen event.”
Fiumara said the city council could fire the city manager for bad decisions.
Council president Brendan Finn and Councilman Michael Reinhart, both Republicans, said they trusted the city attorney’s office to get the language right on the amendment.
Last month, the city sued to stop an unpermitted party from taking place on the beach, obtaining an injunction. Last week, the judge ordered the organizers be permanently prohibited from organizing parties in Long Beach without first obtaining a permit from the city.
Beach parties with more than 100 people require a city permit, according to the city code.
Long Beach has authorized its police commissioner and city manager to close or limit beach and boardwalk access without issuing a declaration of emergency under an amendment to the city code adopted recently in a vote that split along party lines.
At the July 16 city council meeting, City Manager Daniel Creighton said the city code should be explicit in authorizing the city manager to close the beach rather than relying on several sections of the city code and state law. Extending it to the police commissioner was necessary, he said, in case the city manager is unavailable in an emergency.
“Some may feel this authority already exists,” Creighton said. “But I did not see it explicitly stated in the code. Therefore, out of an excess of caution, we just ...thought it was prudent to formalize it.”
City officials have sought to crack down on unpermitted gatherings after more than 2,000 mostly teenage revelers converged on the beach in June for a “senior cut day” celebration advertised on social media, Newsday previously reported. The event later became violent and one person was charged in the second of two shootings, officials said.
WHAT TO KNOW
- The city manager and police commissioner are now authorized to close the beach and boardwalk by changing the hours.
- The officials must file a memo with the city clerk before or after changing the hours.
- The city council can override a closure ordered by the city manager or police commissioner.
On June 27, the Nassau County District Attorney's Office indicted a 15-year-old boy on charges he sprayed the inside of a crowded Long Beach train station with bullets after the crowd was escorted off the beach, officials said. No one has been charged in the initial shooting, the district attorney's office confirmed Thursday.
On the day following the shooting, Creighton declared a 30-day state of emergency and imposed new restrictions, closing the beach from dusk until dawn and requiring paid beach passes seven days a week. The beach closure order expired after four days, city spokesman John McNally said in an email Monday. The city council on June 18 approved the early requirement for beach passes seven days a week rather than the previously scheduled June 28.
The amended code requires the city manager or police commissioner to file a memo with the city clerk to close the beach. The city council can override the decision by majority vote.
Prior to the amendment's adoption by a vote of 3-2, the city manager and police commissioner could order the beach "cleared" but could not close it without a declaration of emergency, McNally said in email.
City officials cited state law regarding local emergencies and the city code regarding policing to justify those actions.
State law gives a local executive who declares a public emergency power to issue orders to protect life and property and to bring the emergency under control. The city code gives the city manager authority to order the police to prevent or suppress public disturbances, mobs or riots.
The three Republican members of the city council voted to approve the change while the two Democratic members voted against it.
Councilman John Bendo, a Democrat, said he agreed with the majority that clarity was needed to give the city manager the authority to close the beach in an emergency without relying on state law but it shouldn’t give him carte blanche authority.
“I’m not comfortable with the wording as it's written right now because it doesn’t require any reason for the city manager to be able to close the beach and the boardwalk,” Bendo said. Under the amendment, “They can do it whenever they feel like it as long as they file a memo and I don't think that was the intent of this.”
Councilman Roy Lester, a Democrat, said the amendment was “totally unnecessary” because the city manager and the police already had authority under city and state law to address emergencies. He also read a section of the city code that said the city council had the authority to deal with disorderly assemblages.
Council vice president Chris Fiumara, a Republican, said the fact that the amendment didn’t require an emergency to close the beach was a positive step.
“I actually like that it doesn't have a specific reason,” Fiumara said at the meeting. “It's more at the discretion of the city manager. That way we're prepared for any unforeseen event.”
Fiumara said the city council could fire the city manager for bad decisions.
Council president Brendan Finn and Councilman Michael Reinhart, both Republicans, said they trusted the city attorney’s office to get the language right on the amendment.
Last month, the city sued to stop an unpermitted party from taking place on the beach, obtaining an injunction. Last week, the judge ordered the organizers be permanently prohibited from organizing parties in Long Beach without first obtaining a permit from the city.
Beach parties with more than 100 people require a city permit, according to the city code.
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