Hermosa Beach Patch - Open carry hermosa Beach litter pickup is on for July 10, 2010

[hgreen]

I searched through all of Hermosa Beaches city codes and I couldnt find anything. Do you have the specific code ?

they consider it parkland so falls under the park ordinances.

 

[CNReporter]

Hermosa Beach - Is the Beach a Park?

I searched through all of Hermosa Beaches city codes and I couldnt find anything. Do you have the specific code ?

If by "specific code" you mean firearms not allowed in Parks (which the City considers the beach to be) then it is "12.28.030 -- Park regulations generally."

The punishment is 12.28.190 -- Violation -- Infraction.
"All violations of the provisions of this chapter shall be infractions."

The fine is:
1.04. 030 Infractions.
Penalties. Any person violating any provision or failing to comply with any mandatory requirement of this Code expressly stated by this Code to be an infraction shall be guilty of an infraction. Except as otherwise provided in this Code, any person convicted of an infraction shall be punishable by:
A fine not exceeding one hundred dollars ($100.00) for a first violation;
A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision of the Code within one year;
A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision of the Code within one year.

The beach and Strand are defined differently:
12.20.010 Definitions
"Beach" means that certain strip of land within the city lying between the westerly line of the Strand and the line of ordinary tide of the Pacific Ocean.
"Strand" means that certain strip of land used as a public walkway and lying between the oceanfront lot line and a line twenty-six (26) feet west and parallel with said oceanfront lot line.

I couldn't seem to find a municipal ordinance actually defining the beach to be a park. The only other code violation I could find of significance was shooting from the Strand. I could not find any prohibition of carrying on the strand.

I thought I had run across the ordinance at one point but I am old and feeble and haven't had any caffeine today. I seem to recall Chief Savelli mentioning the beach as being on their roster of parks which I just did a search for but couldn't find. The Parks departments lists 6 parks on their web page, none of which is the beach.

I will have to do some more research but this just might be easier to challenge than I first thought.

 

[Ca Patriot]

Thats what I came across too and I didnt seem to think it would hold water in court. Personally I dont wish to contest it but I am pretty sure it wouldnt hold up in court, especially post mcDonald.

 

[CNReporter]

Thats what I came across too and I didnt seem to think it would hold water in court. Personally I dont wish to contest it but I am pretty sure it wouldnt hold up in court, especially post mcDonald.

The more I look through the code the more things that I find to shoot down. At some point I'll try to pin the Chief down but it is more important to gather the low hanging fruit in wake of the McDonald decision.

For me the biggest obstacle to Open Carry are the gun free school zones. There were so many other reasons why they are unconstitutional even before Heller/McDonald I'm surprised nobody challenged them.

I have sent off a letter to one of the local school districts, asking for written permission to carry in their school zone pursuant to California Penal Code 626.9. I have also asked in the same letter that they send a written letter to the Chief of Police granting everyone permission to carry in their school zones. I've also reminded the schools that in light of the McDonald decision they are now subject to Federal Civil Rights lawsuits and it is in everyones best interest that they comply with the US Supreme Court Heller and McDonald decisions.

Hopefully, they will acquiesce. If not, I guess I'll find out just how difficult it is to sue in Federal Court.

 

[bigtoe416]

I have also asked in the same letter that they send a written letter to the Chief of Police granting everyone permission to carry in their school zones.

That's a great idea! I was denied a 626.9 exemption request pre-McDonald, I sent out another request on Friday. I'm not holding my breath.

 

[balackolama]

theres nothing to be acomplished in cali by picking up litter