Chapter 11.56 — PROHIBITING LOITERING BY CRIMINAL STREET GANGS

The Town Council of the Town of Apple Valley has the authority to take action where the potential exists for jeopardy to the public welfare, health and safety of its citizens. The Town Council is concerned with the potential for street gang violence, street gang activity and street gang crime in the Town, and has determined that the establishment and enforcement of an ordinance prohibiting loitering is an effective and necessary means to decrease crime, violence and victimization.

The Town Council finds the crimes being committed by criminal street gang members include serious offenses such as murder by drive-by shootings, aggravated assault, robberies, burglaries and drug-related crimes; and, finds loitering in public places by members of street gangs creates a justifiable fear for the safety of persons and property in the area. Members of criminal street gangs establish control over identifiable areas of a community by loitering in those areas and intimidating others from entering. The Town Council of the Town of Apple Valley finds and determines that having an enforceable ordinance targeted at loitering by members of criminal street gangs and those in company with members of criminal street gangs is critical to preserving the peace, morals and safety of all citizens in the Town.

It is unlawful for any person who is a member of a "criminal street gang" as that term is defined in Penal Code § 186.22(f) 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" as defined in this Section under any of the following circumstances:

(a)

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;

(b)

With the intent to conceal ongoing commerce in illegal drugs or other unlawful activity.

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.

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 absence of this Chapter.

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 an infraction for the first two violations and a misdemeanor for the third and following violations thereafter.

Any person violating this Section is guilty of an infraction for the first two violations and a misdemeanor for each subsequent violation. An infraction is punishable by:

(1)

A fine not exceeding $250.00 for a first violation;

(2)

A fine not exceeding $500.00 for a second violation;

(3)

A fine not exceeding $1,000.00 for each additional violation of this provision.

A misdemeanor is punishable by a fine up to $1,000.00 or by imprisonment for up to one year, or both.

(Ord. 328, 11-14-06)