Chapter 9.90
LOITERING BY CRIMINAL STREET GANGS
Sections:
9.90.010 Legislative findings.
9.90.030 Powers of law enforcement officers not limited.
9.90.010 Legislative findings.
(1) The city, under its police power, has the authority to take action where the potential exists for jeopardy to the public welfare, health and safety of its citizens.
(2) The city is concerned with the level of street gang violence, street gang activity and street gang crime in the unincorporated areas of Los Angeles County, and has determined that the establishment and enforcement of an ordinance prohibiting loitering is an effective and necessary means to decrease crime, violence and victimization.
(3) There are approximately three hundred criminal street gangs with approximately sixty-five thousand members operating in the unincorporated areas of Los Angeles County.
(4) The crimes being committed by criminal street gang members include serious offenses such as murder by drive-by shootings, aggravated assault, robberies, burglaries and drug-related crimes.
(5) In 1998, there were sixty-eight homicides in the unincorporated areas of Los Angeles County believed to have been committed by members of criminal street gangs.
(6) Loitering in public places by members of street gangs creates a justifiable fear for the safety of persons and property in the area.
(7) Members of criminal street gangs establish control over identifiable areas of the community by loitering in those areas and intimidating others from entering. Residents of the community are afraid to leave their homes or to call the police to report the presence of and intimidation by gang members.
(8) The city finds and determines that having an enforceable ordinance targeted at loitering by members of criminal street gangs is critical to preserving the public health, safety and welfare of all citizens in the city. (Ord. 889 § 1 (part), 2004)
9.90.020 Prohibited acts.
(1) It is unlawful for any person who is a member of a “criminal street gang” as that term is defined 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 (2) of this section under any of the following circumstances:
(a) 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.
(b) With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.
(2) 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, 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. 889 § 1 (part), 2004)
9.90.030 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. 889 § 1 (part), 2004)
9.90.040 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, who knowingly permits or by insufficient control allows a minor to violate the provisions of this chapter is guilty of a misdemeanor. (Ord. 889 § 1 (part), 2004)
9.90.050 Penalty.
Violation of this chapter shall be punishable by a fine not to exceed five hundred dollars or by imprisonment not to exceed six months, or both. (Ord. 889 § 1 (part), 2004)
9.90.060 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. 889 § 1 (part), 2004)