Chapter 17.26
LOITERING BY CRIMINAL STREET GANGS
Sections:
17.26.020 Powers of law enforcement officers not limited.
17.26.010 Prohibited acts.
A. It is unlawful for any person who is a member of a “criminal street gang,” as that term is described in California Penal Code Section 186.22(f), or who is in the company of or acting in concert with a member of a “criminal street gang” to loiter or idle in a “public place,” as defined in subsection (B) of this section, under any of the following circumstances:
1. With the intent to publicize a criminal street gang’s dominance over certain territory in order to intimidate nonmembers of the gang from entering, remaining in, or using the public place or adjacent area;
2. With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.
B. For purposes of this chapter, a “public place” means the public way and any other location open to the public, whether publicly or privately owned, including, but not limited to, any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, or privately owned place of business to which the public is invited, including any place of amusement, entertainment, or eating place. Any “public place” also includes the front yard area, driveway and walkway of any private residence, business, or apartment house. (Ord. 768 § 1, 2003).
17.26.020 Powers of law enforcement officers not limited.
Nothing in this chapter shall be construed in any way to limit the power or right of a law enforcement officer to make any investigation, detention or arrest as such law enforcement officer would be permitted to make in absence of this chapter. (Ord. 768 § 1, 2003).
17.26.030 Parental control.
Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor, as defined in BGMC 17.56.010, who knowingly permits or by insufficient control allows a minor to violate the provisions of this chapter is guilty of a misdemeanor. (Ord. 768 § 1, 2003).
17.26.040 Penalty.
Violation of this chapter shall be punishable by a fine not to exceed $500.00 or by imprisonment not to exceed six months, or both. (Ord. 768 § 1, 2003).
17.26.050 Severability.
If any provision or clause of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 768 § 1, 2003).