Chapter 9.22
STREET GANGS
Sections:
9.22.010 Legislative findings and declaration.
9.22.020 Participation in criminal street gang prohibited – Elements – Punishment.
9.22.030 Building or places used by criminal street gang nuisance.
9.22.010 Legislative findings and declaration.
A. The city council finds and declares that it is the right of every person to be secure and protected from fear, intimidation and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The city council recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
B. The city council, however, further finds that a state of crisis can readily be created by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against peaceful citizens of their neighborhoods. These activities, both individually and collectively, can present a clear and present danger to public order and safety and are not constitutionally protected. It is the intent of the city council in enacting this chapter to deter and prevent criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs, which together, are the chief source of terror created by street gangs. The city council further finds that an effective means of punishing and deterring the criminal activities of street gangs of through forfeiture of profits, proceeds and instrumentalities acquired, accumulated or used by street gangs. (Ord. 377 § 1, 1992)
9.22.020 Participation in criminal street gang prohibited – Elements – Punishment.
A. Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who wilfully promotes, furthers or assists in any felonious criminal conduct by members of that gang, shall be guilty of a misdemeanor, punishable by a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding six months, or by both.
B. As used in this chapter, “pattern of criminal gang activity” means the commission, attempted commission, or solicitation of two or more of the following offenses, provided at least one of those offenses occurred after the effective date of the ordinance codified in this chapter and the last of those offenses occurred within three years after a prior offense, and the offenses are committed on separate occasions, or by two or more persons:
1. Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245 of the California Penal Code;
2. Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1 of the California Penal Code;
3. Rape, as defined in Chapter 1 (commencing with Section 261) of Title 9 of Part 1 of the California Penal Code;
4. Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1 of the California Penal Code;
5. The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances as defined in Sections 11054, 11055, 11057 and 11058 of the California Health and Safety Code;
6. Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246 of the California Penal Code;
7. Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13 of the California Penal Code;
8. The intimidation of witnesses and victims, as defined in Section 136.1 of the California Penal Code.
C. As used in this chapter, “criminal street gang” means any ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more the criminal acts enumerated in subsections (B)(1) through (8) of this section, inclusive, which has a common name or common identifying sign or symbol, whose numbers individually or collectively engage in or have engaged in a pattern of criminal gang activity. (Ord. 377 § 1, 1992)
9.22.030 Building or places used by criminal street gang nuisance.
Every building or place, used by members of a criminal street gang for the purpose of the commission of the offenses listed in EMC 9.22.020(B) or any offense involving dangerous or deadly weapons, burglary or rape, and every building or place, wherein or upon which that criminal conduct by gang members takes place, is a nuisance which shall be enjoined, abated and prevented. (Ord. 377 § 1, 1992)