Huntington Park Municipal Code Ch. 39 Loitering by Criminal Street Gang Members

The City hereby declares that street gang violence, street gang activity and street gang crime present serious threats to the residents of this community. By this ordinance, the City intends to target loitering by criminal street gang members as a means of decreasing crime and violence and promoting the health, safety and welfare of all citizens in the City.

(§ 1, Ord. 706-NS, eff. Aug. 21, 2003)

"Criminal street gang"

shall have the same meaning for purposes of this chapter as that term is defined in California Penal Code section 186.22(f).

"Public place"

shall mean either of the following:

(1)

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, or privately owned place of business to which the public is invited, including any place of amusement, entertainment, or eating place; or

(2)

The front yard area, driveway and walkway of any private residence, business, or apartment house.

(§ 1, Ord. 706-NS, eff. Aug. 21, 2003)

(a) 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) With the intent to publicize a criminal street gang's dominance over certain territory 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

(3) With the intent to commit another unlawful act.

(b) 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 subsection (a) of Section 5-39.03, is guilty of a misdemeanor.

(§ 1, Ord. 706-NS, eff. Aug. 21, 2003)

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.

(§ 1, Ord. 706-NS, eff. Aug. 21, 2003)

Violation of this chapter shall be punishable by a fine not to exceed $500 or by imprisonment not to exceed six months, or both.

(§ 1, Ord. 706-NS, eff. Aug. 21, 2003)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council of the City of Huntington Park declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

(§ 1, Ord. 706-NS, eff. Aug. 21, 2003)