Chapter 7.73
LOITERING BY CRIMINAL STREET GANGS
Sections:
7.73.020 Powers of law enforcement officers not limited.
7.73.010 Prohibited acts.
A. 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 acting with a member of a "criminal street gang" to loiter or idle in a "public place" as defined in subsection B of this section (herein 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 non-members 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 purpose of this chapter, a "public place" means the public way 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 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. 2138 § 2 (part), 4-8-03)
7.73.020 Powers of law enforcement officers not limited.
Nothing in this chapter shall be constructed 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. 2138 § 2 (part), 4-8-03)
7.73.030 Parental control.
Any parent(s), legal guardian(s) or other adult person(s) authorized by a 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 provisions of this chapter is guilty of a misdemeanor.
(Ord. 2138 § 2 (part), 4-8-03)
7.73.040 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. 2138 § 2 (part), 4-8-03)
7.73.050 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 of provisions of this chapter are declared to be severable.
(Ord. 2138 § 2 (part), 4-8-03)