Irwindale Municipal Code Ch. 9.20 Loitering and Obstructing-Criminal Street Gangs

Footnotes:

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For statutory provisions on trespassing or loitering, see Penal Code § 552 et seq.; for provisions on disorderly conduct, see Penal Code § 647.

No person shall loiter or stand or sit in or at the entrance of any church, hall, theater or place of public assemblage so as in any manner to obstruct the entrance.

(Ord. 69 § 1(part), 1959: prior code § 4107).

A. Whenever a police officer observes a person whom he reasonably believes to be:

1. A member of a "criminal street gang" as defined herein; or,

2. Acting in concert with a member of a "criminal street gang," and is engaged in "gang loitering" as defined herein with one or more other persons, the police officer shall:

a. 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;

b. Order all such persons to disperse and remove themselves from within sight and hearing of the place at which the order was issued; and

c. Inform those persons that they will be subject to arrest if they fail to obey the order promptly or engage in further gang loitering at or within the sight or hearing of the place at which the order was issued. Any person who fails to obey the order promptly or engages in further gang activity shall be in violation of this chapter and subject to arrest.

B. For purposes of 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: murder, kidnapping, assault, battery, intimidation, robbery, burglary, arson, unlawful use or possession of weapons or explosives, illegal manufacture or delivery of controlled substances.

"Criminal street gang" shall have the meaning ascribed in California Penal Code Section 186.22(f), as may be amended, and of the date of the ordinance codified in this chapter defines "criminal street gang" as "any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of the one or more of the criminal acts enumerated in paragraphs (1) to (23), of subdivision (e), having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity."

"Gang loitering" means remaining in a public place with no apparent purpose other than to enable a criminal street gang to establish control over identifiable areas, to intimidate others from entering those areas, or to conceal and/or engage in 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 or each other.

"Public place" means any 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. "Public place" also includes the front yard area, driveway and walkway of any private residence, business, or apartment house.

(Ord. 568 § 2 (part), 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.

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. 568 § 2 (part), 2003).

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

(Ord. 568 § 2 (part), 2003).

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. 568 § 2 (part), 2003).