Long Beach, CA
File #: 11-1163    Version: 1 Name: CD-8 - Occupy discussion
Type: Agenda Item Status: Approved
File created: 11/11/2011 In control: City Council
On agenda: 11/15/2011 Final action: 11/15/2011
Title: Recommendation to request a report from the City Manager, City Attorney and other appropriate staff on the background of the Municipal Code in regards to the overnight closure of parks, the practices of other cities to accommodate the Occupy protestors, and a discussion of options the City may consider to provide a “free speech zone” or other means to address the issue.
Sponsors: COUNCILWOMAN RAE GABELICH, EIGHTH DISTRICT, COUNCILWOMAN GERRIE SCHIPSKE, FIFTH DISTRICT, COUNCILMEMBER STEVEN NEAL, NINTH DISTRICT
Attachments: 1. 111511-NB-27sr&att.pdf, 2. 111511-NB-27-Handout C Poper.pdf, 3. 111511-NB-27-Handout Lowenthal.pdf, 4. 111511-NB-27-Handout Dillon.pdf, 5. 111511-NB-27-Handout Rosenwald.pdf, 6. 111511-NB-27-Handout Stone-petition.pdf
TITLE
Recommendation to request a report from the City Manager, City Attorney and other appropriate staff on the background of the Municipal Code in regards to the overnight closure of parks, the practices of other cities to accommodate the Occupy protestors, and a discussion of options the City may consider to provide a “free speech zone” or other means to address the issue.

DISCUSSION
Long Beach’s Municipal Code, Section 16.16.010 reads in part that:

“No person shall do any of the acts hereafter enumerated within the limits of any public park, public beach, beach area parking lot, bicycle path, public building or enclosure, or public amphitheater or plaza:

K. Remain or stay, or store personal belongings, between the hours of ten o'clock (10:00) P.M. and one hour before sunrise at any public park, public beach, public building or enclosure or public amphitheater or plaza. However, the director of parks, recreation and marine, in consultation with the chief of police, is authorized to alter hours of closing temporarily at any public park, public beach, beach and marina parking lot, public building or enclosure, or public amphitheater or plaza in the interest of public safety, health, or welfare, and no person shall remain or stay while any of the foregoing facilities are closed by the director. This subsection shall not apply to any person attending an activity, program, concession or special event, or the parking of a vehicle overnight, for which a city permit has been issued;”

Members of the Occupy Long Beach movement have been occupying Lincoln Park for more than a month, and have mostly cooperated with the Police Department and complied with the City’s ordinances.

Members of Occupy Long Beach have requested the City Council to allow them to set up tents and maintain a “free speech zone” 24 hours a day, 7 days a week during their protest.

Some cities, including Irvine and Los Angeles have allowed Occupy protestors to remain in the public areas overn...

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