Chapter 11.72
LOITERING BY CRIMINAL STREET GANGS
Sections:
11.72.020 Powers of Law Enforcement Not Limited.
11.72.010 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 conjunction with, a member of a “criminal street gang” to loiter or idle in a “public place” as defined in subsection (B) of this section 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 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.
C. For purposes of this chapter, the term “loiter” shall mean to remain in any one place with a harmful purpose such as those identified in subsections (A)(1) and (2) of this section. (Ord. 04-14 § 1, 10/12/04)
11.72.020 Powers of Law Enforcement 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. 04-14 § 1, 10/12/04)
11.72.030 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. 04-14 § 1, 10/12/04)
11.72.040 Penalty.
Violation of this chapter shall be punishable by a fine not to exceed five hundred dollars ($500.00), or by imprisonment not to exceed six (6) months, or both. (Ord. 04-14 § 1, 10/12/04)