Chapter 9-18
GANG LOITERING
Sections:
9-18-030 Duties of the chief of police.
9-18-010 Definitions.
As used in this chapter:
“Criminal gang activity” means the commission, attempted commission, or solicitation of the following offenses, provided that the offenses are committed by two or more persons, or by an individual at the direction of, or in association with, any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members:
The following sections of the Criminal Code of 1961: 9-1 (murder), 9-3.3 (drug-induced Homicide), 10-1 (kidnapping), 10-4 (forcible detention), subsection (a)(13) of Section 12-2 (aggravated assault-discharging firearm), 12-4 (aggravated battery), 124.1 (heinous battery), 12-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated battery of a child), 124.6 (aggravated battery of a senior citizen), 12-6 (intimidation), 12-6.1 (compelling organization membership of persons), 12-11 (home invasion), 12-14 (aggravated criminal sexual assault), 18-1 (robbery), 18-2 (armed robbery), 19-1 (burglary), 19-3 (residential burglary), 19-5 (criminal fortification of a residence or building), 20-1 (arson), 20-1.1 (aggravated arson), 20-2 (possession of explosives or explosive or incendiary devices), subsections (a)(6), (a)(9) or (a)(12) of Section 24-1 (unlawful use of weapons), 24- (unlawful use of weapons by felons or persons in the custody of the department of corrections facilities), 24-1.2 (aggravated discharge of a firearm), subsection (d) of Section 25-1 (mob action-violence), 33-1 (bribery), 33A-2 (armed violence); Sections 5,
5.1, 7 or 9 of the Cannabis Control Act where the offense is a felony (manufacture or delivery of cannabis, cannabis trafficking, calculated criminal cannabis conspiracy and related offenses); or Sections 401, 401.1, 405, 406.1, 407 or 407.1 of the Illinois Controlled Substances Act (illegal manufacture of delivery of a controlled substance, controlled substance trafficking, calculated criminal drug conspiracy and related offenses).
“Criminal street gang” means any ongoing organization, association, association in fact or group of three or more persons, whether formal or informal, having as one of its substantial activities the commission of one or more criminal acts described below, and whose members individually or collectively engage, or have engaged, in a pattern of criminal or gang activity.
“Gang loitering” means remaining in any one place under circumstances that would warrant a reasonable person to believe that the purpose or effect of that behavior is to enable a criminal street gang to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities.
“Pattern of criminal gang activity” means two or more acts of criminal gang activity of which at least two such acts were committed within five years of each other.
“Public place” means the public way and other location open to the public, whether publicly or privately owned. (Ord. 3131 § 1, 2004)
9-18-020 Gang loitering.
A. Whenever a police officer observes a member of a criminal street gang engaged in gang loitering with one or more other persons in any public places designated for the enforcement of this chapter under Section 9-18-030, the police officer shall, subject to all applicable procedures promulgated by the chief of police or his designee:
1. Inform all such persons that they are engaged in gang loitering within an area in which loitering by groups containing criminal street gang members is prohibited;
2. Order all such persons to disperse and remove themselves from within sight and hearing of the place at which order was issued; and
3. Inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further gang loitering within the sight or hearing of the place at which the order was issued during the next three hours. (Ord. 3131 § 2, 2004)
9-18-030 Duties of the chief of police.
The chief of police shall by written directive designate areas of the city in which the chief has determined that enforcement of this chapter is necessary because gang loitering has enabled criminal street gangs to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal illegal activities. Prior to making a determination under this subsection, the chief shall consult, as he or she deems appropriate, with persons who are knowledgeable about the effects of gang activity in areas in which the ordinance may be enforced. Such persons may include, but need not be limited to, members of the department of police with special training or experience related to criminal street gangs; other personnel of that department with particular knowledge of gang activities in the proposed designated areas; elected and appointed officials of the areas; community-based organizations; and participants in the community who are familiar with the areas. The chief shall develop and implement procedures for periodic review and update of designations made under this subsection. (Ord. 3131 § 3, 2004)
9-18-040 Procedures.
The chief shall by written directive, promulgate procedures to prevent the enforcement of this chapter against persons who are engaged in collective advocacy activities that are protected by the Constitution of the United States or the state of Illinois. (Ord. 3131 § 4, 2004)
9-18-050 Penalties and fines.
Any person who fails to obey promptly an order issued under Section 9-18-020 of this code, or who engages in further gang loitering within sight or hearing of the place at which such an order was issued during the three-hour period following the time the order was issued, is subject to a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each offense, or imprisonment for not more than six (6) months for each offense, or both. A second or subsequent offense shall be punishable by a mandatory minimum sentence of not less than five (5) days’ imprisonment.
A motor vehicle that is used in the violation of this section shall be subject to seizure and impoundment under this section and in accordance with the procedures set forth in Section 9-52-010 of this code. The owner of record of such vehicle shall be liable to the city for an administrative penalty of five hundred dollars ($500.00) in addition to fees for the towing and storage of the vehicle. (Ord. 3421 § 7, 2021; Ord. 3131 § 5, 2004)
9-18-060 Community service.
In addition to or instead of the penalties described in Section 9-18-050, any person who violates this chapter may be required to perform up to one hundred twenty (120) hours of community service pursuant to the municipal code of the city of Harvey. (Ord. 3131 § 6, 2004)
9-18-070 Hot spots.
The city council upon recommendation of the chief of police, shall designate certain corners or street areas as “Hot Spots” or “No Loitering” areas within the city and direct that the signs be posted in these areas in order to further allow safe and free access to the streets, sidewalks, and public ways in the city of Harvey to all residents and guest of residents. (Ord. 3131 § 7, 2004)