Chapter 9.13
CRIMINAL STREET GANG ENFORCEMENT AND PREVENTION
Sections:
9.13.020 Buildings or places used by criminal street gangs – Nuisance.
9.13.040 Enforcement and penalties.
9.13.050 Powers of Law Enforcement Officers not limited.
9.13.010 Definitions.
For purposes of this chapter the following terms shall have the following meanings:
(A) “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 of the criminal acts enumerated in subsections (B)(1) through (25) of this section, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
(B) “Pattern of criminal gang activity” means the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of two or more of the following offenses, provided at least one of these 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 were 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 Penal Code Section 245.
(2) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1 of the Penal Code.
(3) Unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1 of the Penal Code.
(4) The sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances as defined in Sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code.
(5) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Penal Code Section 246.
(6) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Penal Code Section 12034.
(7) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13 of the Penal Code.
(8) The intimidation of witnesses and victims, as defined in Penal Code Section 136.1.
(9) Grand theft, as defined in subdivision (a) or (c) of Penal Code Section 487.
(10) Grand theft of any firearm, vehicle, trailer, or vessel.
(11) Burglary, as defined in Penal Code Section 459.
(12) Rape, as defined in Penal Code Section 261.
(13) Looting, as defined in Penal Code Section 463.
(14) Money laundering, as defined in Penal Code Section 186.10.
(15) Kidnapping, as defined in Penal Code Section 207.
(16) Mayhem, as defined in Penal Code Section 203.
(17) Aggravated mayhem, as defined in Penal Code Section 205.
(18) Torture, as defined in Penal Code Section 206.
(19) Felony extortion, as defined in Penal Code Sections 518 and 520.
(20) Felony vandalism, as defined in Penal Code Section 594(b)(1).
(21) Carjacking, as defined in Penal Code Section 215.
(22) The sale, delivery, or transfer of a firearm, as defined in Penal Code Section 12072.
(23) Possession of a pistol, revolver, or other firearm capable of being concealed upon the person in violation of paragraph (1) of subdivision (a) of Penal Code Section 12101.
(24) Threats to commit crimes resulting in death or great bodily injury, as defined in Penal Code Section 422.
(25) Theft and unlawful taking or driving of a vehicle, as defined in Section 10851 of the Vehicle Code.
(C) “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 visible from any common area or public right-of-way. (Ord. 1257 § 2, 2005)
9.13.020 Buildings or places used by criminal street gangs – Nuisance.
Every building or place used by members of a criminal street gang for the purpose of the commission of the offenses listed in PMC 9.13.010(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 may be punished as set forth in PMC 9.13.040(A) as well as enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance, as set forth in PMC 9.13.040(B). (Ord. 1257 § 2, 2005)
9.13.030 Prohibited acts.
(A) Loitering by Criminal Street Gangs. It is unlawful for any person who is a member of a criminal street gang 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) So as to intimidate nonmembers of the gang from entering, remaining in, or using the public place or adjacent area;
(2) So as to participate in, aid and abet, or conceal commerce in illegal drugs or other unlawful activity.
(B) Parental Control. It is unlawful for 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, to knowingly permit or by insufficient control allow a minor to violate the provisions of this chapter.
(C) Property Owners, Lessees or Their Agents. It is unlawful for any owner, or lessee, or their agent of any building or place to maintain a nuisance, whether public or private, by knowingly permitting or by insufficient control of the building or place to allow any person, including a minor, to violate the provisions of this chapter.
(D) In order to sustain a conviction or judgment it is not necessary for the prosecution to prove that a person devotes all, or a substantial part of, his or her time or efforts to the criminal street gang, nor is it necessary to prove that the person is a member of the criminal street gang. Active participation in the criminal street gang is all that is required. (Ord. 1257 § 2, 2005)
9.13.040 Enforcement and penalties.
(A) Criminal Penalty. Violations of this chapter may be punished as set forth in Chapter 1.12 PMC.
(B) Civil Abatement. The City Attorney, or his designee attorney, or the District Attorney, may bring an action for damages, to enjoin, or both, in the name of the people of the state of California or of the City of Palmdale, to abate and prevent the nuisance and perpetually to enjoin the person or persons committing the nuisance or maintaining the nuisance, and the owner, lessee, or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance. Suit may not be filed until 30-day written notice of the unlawful use or criminal conduct has been provided to the owner, lessee, or their agent. In a civil action for damages brought pursuant to this subsection, the City Attorney, his designee attorney, or District Attorney may use, but is not limited to the use of, the testimony of experts to establish damages suffered by the community or neighborhood injured by the nuisance.
(C) Nothing in this chapter shall preclude the City Attorney nor any other aggrieved person from seeking any other remedy provided by law. (Ord. 1257 § 2, 2005)
9.13.050 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. 1257 § 2, 2005)