Chapter 7.50
LOITERING BY CRIMINAL
STREET GANGS
Sections:
7.50.010 Definition – Public place.
7.50.040 Powers of law enforcement officers not limited.
7.50.010 Definition – Public place.
For the 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, 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, 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. 349 § 6, 2004]
7.50.020 Prohibited acts.
It is unlawful for any person who is a member of a criminal street gang, as that term is defined in Section 186.22(f) of the California Penal Code, 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 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 areas.
(2) With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity. [Ord. 349 § 6, 2004]
7.50.030 Circumstances.
Among the circumstances that may be considered in determining whether a person has violated this chapter, based upon the knowledge and personal observations of the arresting officer, are the following:
(1) The person is a known unlawful drug user, possessor, or seller.
(2) The person is in the company of, or inside or near a vehicle registered to, a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for unlawful drug activity.
(3) The person is currently subject to an order prohibiting his or her presence in a drug area, or prohibiting the person from being in the company of a known drug user, possessor, or seller.
(4) The person behaves in a manner as to raise reasonable suspicion that he or she is seeking to engage in, or is about to engage in, or is then engaged in any unlawful drug activity, including, by way of example only, acting as a “lookout,” making gestures or statements to motorists or pedestrians known to represent invitations to purchase or sell drugs, or exchanging small objects or packages with another person in a furtive manner.
(5) The person attempts to conceal himself or herself from the observation of the arresting officer or conceals or disposes of any object which reasonably could be involved in the conduct of any unlawful drug activity. [Ord. 349 § 6, 2004]
7.50.040 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 the absence of this chapter. [Ord. 349 § 6, 2004]
7.50.050 Parental control.
Any parent, legal guardian or other adult person authorized by a parent or guardian to have the care and custody of a minor, who knowingly permits or by insufficient control allows a minor to violate the provisions of this chapter is guilty of a misdemeanor. [Ord. 349 § 6, 2004]
7.50.060 Violation – Penalty.
Violation of this chapter shall constitute a misdemeanor and shall be punishable as such. [Ord. 349 § 6, 2004]